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HomeMy WebLinkAboutMoore Electrical Contracting, Inc. - 1994-01-01 r�o G�• 55 IOC # 5 01>:5187 WHEN RECORDED MAIL TO: 14—APR-1995 10:26 AM CITY OF HUNTINGTON BEACH Recorded in Official Records Office of the City Clerk of Grange County, California P. O. Box 190 Gary L. Gfaaville, Clerk-Recorder Huntington Beach, CA 92648 Page I of I Fees; $ 0.00 NOTICE OF COMPLETION Ta ' 0.00 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 MOORE ELECTRICAL CONTRACTING,INC.who was the company thereon for doing the following work to-wit: TRAFFIC SIGNAL INSTALLATIONS AT THE INTERSECTIONS OF ATLANTA AVENUE AND MIRAMAR/GREENFIELD AND MAGNOLIA STREET AND EDISON HIGH SCHOOL; CC-906 INTEREST: Easement That said work was completed April 3, 1995 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, r April 3, 1995. That upon said contract Insurance Company of the West 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 5th day of April, 1995. 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 5th day of April, 1995.. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California g:cc\nscplgs RECEIVED THE ORIGINAL OF THISS G 4UMENT WHEN RECORDED MAIL TO: CHIT`,' CLERK WAS RECORDED ON 14-APR-1995, CITY: � CITY OF HUNTINGTON BEACH HUNTIkC;T.. I; ;.�_ DOCUMENT NUMBER 95-0155387., Office of the City Clerk �� GARY L. GRANVILLEa�jCLERK-RECORDER P. O. Box 190 �p� '7 RAGE C SNTY CLERK-F,EC"UR UER'S 0f Ci4E Huntington Beach, CA 92648 06 �i q� 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 MOORE ELECTRICAL CONTRACTING,INC.who was the company thereon for doing the following work to-wit: TRAFFIC SIGNAL INSTALLATIONS AT THE INTERSECTIONS OF ATLANTA AVENUE AND MIRAMAR/GREENFIELD AND MAGNOLIA STREET AND EDISON HIGH SCHOOL; CC-906 INTEREST: Easement That said work was completed April 3, 1995 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, April 3, 1995. That upon said contract Insurance Company of the West 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 Govcrnrnent Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California,this 5th day of April,1995. 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 5th day of April,1995.. ity Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California g:CCV1SCplgs �o�oo,�,s ..___�-. Al • , I have received Main for Traffic signal installations at ;ntarcartiong__ { Atlanta Ave & Mftamar CC-906 on behalf of the Treasurer's Office. Dated r AZ sy: Moore Electrical Contracting, Inc. 1852 W. Pomona Road Corona, CA 91720 MAINTENANCE BOND INSURANCE COMPANY OF THE WEST 1.C. W. PARK P.O. BOX 81063 SAN DIEGO,CALIFORNIA 92138 Bond No. 134 96 55—M MWIUM r-RARGEV 15 INCLUDED IN KNOW ALL MEN BY THESE PRESENTS: . WRGF FOR PERFORMANCE BOND. That, MOORE ELECTRICAL CONTRACTING, INC. as Principal. an i INSURANCE COMPANY OF THE WEST a corporation organized under the laws of the State of CALIFORNIA and authorized to do a surety business in the State of CALIFORNIA as Surety, are held and firmly bound unto the THE CITY OF HUNTINGTON REACH in the sum of TWO HUNDRED THIRTEEN THOUSAND NINE HUNDRED AND N0/100----------------------------- fs213.900.00 ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: SEALED with our seals and dated thin JULY 29, 1994 WHEREAS, on the the said MOORE ELECTRICAL CONTRACTING, INC. as contractor, entered into a contract for INSTALLATION OF TWO TRAFFIC SIGNALS AT THE INTERSECTIONS OF ATLANTA/MIRAMAR/GREENFIELD AND MAGNOLIA/EDISON HIGH SCHOOL (CC 906) for the sum of TWO HUNDRED THIRTEEN THOUSAND- NINE HUNDRED AND N0/100--------------------- fS 213,900.00 1; and, WHEREAS, under the terms of the specifications for said work, the said MOORE ELECTRICAL CONTRACTING- TNC Is required to give a bond for' TWO HUNDRED THIRTEEN THOUSAND NTNF RIMMED ANTI Nn/1 nn------------------------- ($213,900.00 t, to protect the CITY OF HUNTINGTON BEACH against the result of faulty materials or workmanship for a period of one year from and after the date of the completion and acceptance of same, namely, until SEPTEMBER 30, 1995 NOW, THEREFORE, if the said MOORE ELECTRICAL CONTRACTING- NC a hall for a period of one year from and after the date of the completion and acceptance of same by said THE CITY OF HUNTINGTON BEACH replace any and all defects arising in said work whether resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise to remain in full force and effect. MOORE EL CTRIC CONTRACTING INC. BY: �tornay WARREN MOORE, VICE PRESIDENT INSURANCE PANY F HE WEST yl,f�s� liy D. J: PICARD, ATTOR Y-IN-FACT ICW-CAL-138 RUN DATE: 10/n/94 Moore Electrical Contracting, Inc. PAGE: 2 , SYS DATE: 10/19/94 STATEMENT OF COMPLIANCE FORM TIME: 08:20 AM DATE: L' tract Admin. do hereby state: (Name and title of signatory party) (1) That I pay or supervise the payment of the persons employed by Moore Electrical Contracting, Inc. (Contractor or subcontracter) on the Edison High School H.B. (Bldg. or work) that during the payroll period commencing on OCTOBER 10, 1994 and ending on OCTOBER 16, 1994 all persons employed on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said Moore Electrical Contracting, Inc. from the full weekly wages earned by any persons (Contractor or subcontractor) and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than the permissible deductions as defined in Regulations, Part 3 (29 CFR Subtitle A), issued by the Secretary of labor under the Copeland Act, as amended (48 Stat. 948, 63 Stat. 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. 276c), and described below: (2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rate for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination incorporated into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed. (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of labor. (4) (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS XXXX --In addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees, except as noted. (b) WHERE FRINGE BENEFITS ARE PAID IN CASH --Each laborer or mechanic listed in the above referenced payroll has been paid, as indicated on the payroll an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted. EXPLANATION EXPLANATION EXCEPTION (CRAFT) CASH/LIEU A.MT/HOUR TO PLAN NO EXCEPTIONS TO REPORT FOR THIS JOB REN.A.'-CS: "AIME TITLE SIGNATURE Contract Admin. �L RE WILFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION. SEE SECTION 1001 OT TITLE 18 AND SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE. FROM:PUBLIC WORKS TO: 909 371 4296 M 209 1995 9:37AM ##505 P.02 DECLARATION OF SATISFACTION OF CLAIMS I � Moore Electrical Contracting , state : Name 3T Contractor 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 Edison H.S- Signal and dated 8/94 . 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 Moore Electrical on this 6th day of April, , 19 Signature of Contractor RUN DATE: 10/19/94 . Moore Electrical Contracting, Inc. PAGE: 2 SYS DATE: 10/19/94 STATEMENT OF COMPLIANCE FORM TIME: 08:20 AM DATE: 1� it I K i tract Admin. do hereby state: (Name and title of signatory party) (1) That I pay or supervise the payment of the persons employed by Moore Electrical Contracting, Inc. (Contractor or subcontracter) on the Edison High School H.B. (Bldg. or work) that during the payroll period commencing on OCTOBER 10, 1994 and ending on OCTOBER 16, 1994 all persons employed on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said Moore Electrical Contracting, Inc. from the full weekly wages earned by any persons (Contractor or subcontractor) and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than the permissible deductions as defined in Regulations, Part 3 (29 CFR Subtitle A), issued by the Secretary of labor under the Copeland Act, as amended (48 Stat. 948, 63 Stat. 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. 276c), and described below: (2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rate for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination incorporated into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed. (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of labor. (4) (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS XXXX --In addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees, except as noted. (b) WHERE FRINGE BENEFITS ARE PAID IN CASH --Each laborer or mechanic listed in the above referenced payroll has been paid, as indicated on the payroll an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted. EXPLANATION EXPLANATION EXCEPTION (CRAFT) CASH/LIEU AMT/HOUR TO PLAN NO EXCEPTIONS TO REPORT FOR THIS JOB ** REMARKS: NAME TITLE SIGNATURE Contract Admin. THE WILFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION. SEE SECTION 1001 OT TITLE 18 AND SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE. H {,,3 CITY OF HUNTINGTON BEACH o 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK April 5, 1995 Gary L. Granville, County Clerk-Recorder P. 0. Box 238 Santa Ana, CA 92702 Dear Sir: Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P. 0. Box 190, Huntington Beach, California 92648. Enclosed also is a copy of the Notice of Completion and a stamped, self-addressed envelope. Please return the conformed copy-document number, recording date, book and page number. 'ncerely 4yours�� , _ 7�4G_� v Connie Brockway, CMC City Clerk CB:cc Enclosures g:cc\nscplltr (Telephone:714-536-5227) 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 MOORE ELECTRICAL CONTRACTING,INC.who was the company thereon for doing the following work to-wit: TRAFFIC SIGNAL INSTALLATIONS AT THE INTERSECTIONS OF ATLANTA AVENUE AND MIRAMAR/GREENFIELD AND MAGNOLIA STREET AND EDISON HIGH SCHOOL; CC-906 INTEREST: Easement That said work was completed April 3, 1995 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, April 3, 1995. That upon said contract Insurance Company of the West 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 5th day of April,1995. 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 5th day of April, 1995.. ity Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California g:CCV1SCP1gs Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied 042ity Clerk's Signatur Council Meeting Date: 04/03/95 Department ID Number: PW-95-011 REQUEST FOR COUNCIL ACTION C= << rn SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS (A) ;nI` w = c SUBMITTED BY: MICHAEL T. UBERUAGA, City Administr PREPARED BY: LES M. JONES II, Director, Public Works SUBJECT: NOTICE OF COMPLETION FOR THE INSTALLATION OF TWO TRAFFIC SIGNALS (1994 - PHASE III) AT THE INTERSECTIONS OF ATLANTA AVENUE AND MIRAMAR/ GREENFIELD AND MAGNOLIA STREET AND EDISON HIGH SCHOOL; CC-906 Statement of Issue,Funding Source,Recommended Action,Alternative Action,Analysis,Environmental St tus,Attachment(s) Statement of Issue: Moore Electrical Contracting,Inc. has completed the Traffic Signal Installations at the Intersections of Atlanta Avenue and Miramar/Greenfield and Magnolia Street and Edison High School; CC-906. Funding Source: Sufficient Gas Tax Funds were budgeted and available in account E-SF- PW-984-6-43-00 for this project. Recommended Action: 1. Accept the improvements of Cash Contract No. 906, Installation of Two Traffic Signals at the Intersections of Atlanta Avenue and Miramar/Greenfield and Magnolia Street and Edison High School, and authorize the City Clerk to file the Notice of Completion. 2. Approve the total project cost of $220,762. Alternative Action(s): N/A Analysis: On July 25, 1994, the City Council awarded a contract to Moore Electrical Contracting, Inc. for the Installation of Two Traffic Signals at the Intersections of Atlanta Avenue and Miramar/Greenfield and Magnolia Street and Edison High School, Cash Contract No. 906. Moore Electrical Contracting, Inc. has since completed the project and has fulfilled its obligation to the City per said contract. AUEST FOR COUNCIL ACTIA MEETING DATE: 04/03/95 DEPARTMENT ID NUMBER:PW-95-011 The following is a summary of contract costs: Council Approved Actual Expenditures Contract Amount: $213,900 $213,900 Construction Change Orders: 21,400 6,525 Supplemental Expenses: 5,000 337 Total: $240,300 $220,762 As the Cost Summary indicates, a savings of $19,538 occurred as a result of the actual expenditures being nearly 8% less than estimated. Environmental Status: N/A Attachment(s): City Clerk's Page Number None 0011078.01 -2- 03/15/95 4:04 PM + r • RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Notice of Completion for CC-906 COUNCIL MEETING DATE: April 3, 1995 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. (Appoved 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 ATTACHMENT ........................... ............................... REVIEWED RETURNED FORW . RDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: (Below Space For City Clerk's Use • P,I LOVED BY CITY COUNCILZZ , • /_? — I � equest for City Council Action crrY LER Date: January 3, 1995 Submitted to : Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator\ l Prepared by: 04fRay Silver, Assistant City Administrator/Acting Director of Public Works -5�2" Subject: INSTALLATION OF TWO TRAFFIC SIGNALS (1994 - PHASE III) AT THE INTERSECTIONS OF ATLANTA AVENUE AT MIRAMAR/GREENFIELD AND MAGNOLIA STREET AT EDISON HIGH SCHOOL; CC-906 Consistent with Council Policy? [X] Yes [ ] New Policy or Exception Statement of Issue,Recommendation,Analysis,Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE: Moore Electrical Contracting, Inc. has completed the Installation of Two Traffic Signals project; Cash Contract No. 906. RECOMMENDED ACTION: 1. Accept the improvements of Cash Contract No. 906, Installation of Two Traffic Signals at the Intersections of Atlanta Avenue at Miramar/Greenfield and Magnolia Street at Edison High School and authorize the City Clerk to file the Notice of Completion. 2. Approve the total project cost of$220,762. ANALYSIS: On July 25, 1994, the City Council awarded a contract to Moore Electrical Contracting, Inc., for the Installation of Two Traffic Signals at the locations of Atlanta Avenue at Miramar/Greenfield and Magnolia Street at Edison High School, Cash Contract No. 906. Moore Electrical Contracting, Inc. has since completed the project and has fulfilled its obligation to the City per said contract. The following is a summary of contract costs: Council Approved Actual Expenditures Contract Amount: $213,900 $213,900 Construction Change Orders: 20,400 6,525 Supplemental Expenses: 5,000 337 Total: $240,300 $220,762 r As the Cost Summary indicates, a savings of$19,538.36 occurred as a result of the actual expenditures being nearly 8.13% less than estimated. ENVIRONMENTAL STATUS: N/A. FUNDING SOURCE: Sufficient City Gas Tax funds were budgeted and available in account number E-SF-PW-984-6-43-00 for this project. ALTERNATIVE ACTIONS: N/A ATTACHMENTS: None MTU/RS/JDO/TAE/tae 906NC.doc Request for City Council Action Date: July 25, 1994 Submitted to : Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator Prepared by:by: Robert E. Eichblatt, Acting Director of Public Works 44w- AWARD OF CONTRACT FOR THE INSTALLATION OF TWO APPR6VM BY CITY COUNCIL TRAFFIC SIGNALS (1994 - PHASE III) AT THE INTERSECTIONS OF ATLANTA AVENUE AT MIRAMAR/GREENFIELD AND MAGNOLIA STREET AT EDISON HIGH SCHOOL; CC-906 Consistent with Counci o [X] Yes [ ] New Policy or Exception Statement of Issue,Recommendation,Analysis,Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE: Sealed bids were requested using the urgency provisions of City Charter Section 614 (see attachment) for the Installation of Traffic Signals (1994-Phase III) at the Intersections of Atlanta Avenue at Miramar/Greenfield and Magnolia Street at Edison High School, CC-906. On July 22, 1994, members of Public Works and Purchasing Staff opened the sealed bids and the amounts were recorded. The project is ready for award. RECOMMENDED ACTION: 1. Declare that the project is of urgent necessity for the preservation of life, health, or property. (Requires 5 affirmative votes from the City Council.) 2. Approve the low bid submitted by Moore Electrical Contracting, Inc. of Corona; 3. Authorize the execution of the construction contract in the amount of$213,900 and; 4. Authorize the Acting Director of Public Works to expend $240,300 to cover contract costs of $213,900, estimated construction change orders of $21,400, and anticipated supplemental expenses of $5000 for the Installation of Traffic Signals (1994-Phase III) at the Intersections of Atlanta Avenue at Miramar/Greenfield and Magnolia Street at Edison High School, CC-906. ANALYSIS: On July 19, 1993, the City Council authorized the Public Works Department to construct two traffic signals at the locations of Atlanta Avenue at Miramar/Greenfield and Magnolia Street at Edison High School. At that council meeting, the Director of Public Works guaranteed that $262,000 from the Gas Tax Fund would be allocated to the two traffic signals. A memorandum dated November 15, 1993 was sent to Louis F. Sandoval, Director of Public Works, from James D. Otterson, City Traffic Engineer, giving a time schedule for the two signals at the locations of Atlanta Avenue at Miramar/Greenfield and Magnolia Street at Edison High School. On this schedule, the design contract for the two traffic signals were to be awarded by the City Council on December 20, 1993 and completed by February 25, 1994. The construction of the two signals were to begin on April 15, 1994 and completed by June 15, 1994. On January 3, 1994, the City Council authorized the award of the design contract to Weston Pringle and Associates (WPA) to prepare traffic signal construction plans, specifications, and estimates for three new traffic signals at the locations of Atlanta Avenue at Miramar/Greenfield, Magnolia Street at Edison High School and Heil Avenue at Newland Street. Upon giving this authorization to award the contract, the first two signals were to be constructed prior to June 30, 1994. On March 31, 1994, James D. Otterson, gave Dave Sullivan, Councilman, an updated schedule for the two traffic signals. This schedule stated that the signals would be operational by August 30, 1994. Delays arose from the school district hiring a consulting firm to do a circulation plan for their parking lot, and we were not informed by the school district prior to the start of our design. A memorandum from Community Services, dated March 29, 1994, directed Public Works not to include Edison Community Center's driveway in the design of the traffic signal at the high school. This delayed the design by one and a half months. On May 16, 1994, the City Council authorized the Public Works Department to solicit bids for the Installation of Traffic Signals (1994-Phase IH) at the Intersections of Atlanta Avenue at Miramar/Greenfield and Magnolia Street at Edison High School, CC-906. Subsequent to that authorization, errors on the plans were discovered, creating additional delays. At the July 18, 1994 City Council meeting, the council expressed great concern that the signals would not be constructed before the beginning of the school year. The engineering staff developed two alternatives to accelerate the time schedule in an attempt to have the traffic signal operational prior to the start of school for Magnolia Street at Edison High School. Alternative A solicited informal bids from four contractors and Alternative B is to go out for bids by formal advertising procedures. Alternative A will be per the urgency provisions of City Charter Section 614, Contracts on Public Works. The following is a schedule of the two alternatives: Description Date for Alternative A Date for Alternative B Advertise for Bids 7/19/94 7/26/94 Open Bids 7/22/94 8/10/94 Award Contract 7/26/94 8/16/94 Start Construction 8/8/94 8/29/94 Complete Construction 9/30/94 10/28/94 On July 21, 1994, Public Works under Alternative A, received sealed bids from two of the four contractors contacted. On July 22, 1994, the sealed bids were opened and Moore Electrical Contracting, Inc. was the low bidder. Summarized below, by order of least dollar amount, are the bids submitted to the City of Huntington Beach: 1. Moore Electrical Contracting, Inc. ..........................................................$213,900 2. Signal Maintenance, Inc. ..............................................................$368,284 City engineering staff estimated the total construction cost at $202,660. Contract Amount (Lowest Responsive Bidder) $213,900 Anticipated Construction Change Orders $20,400 *Supplemental Expenses $5,000 TOTAL $240,300 *Supplemental expenses include Southern California Edison's hook-up charges. ENVIRONMENTAL STATUS: As previously stated in the May 16, 1994 Request for Council Action, the City's Planning Department has reviewed this project and has determined it to be Categorically Exempt per Section 15303, Class 3. FUNDING SOURCE: The funds for this project are available in the Gas Tax Fund, account number E-SF-PW-984-6-43-00. ALTERNATIVE ACTIONS: 1. Deny award of the contract to Moore Electrical Contracting, Inc. and select Signal Maintenance, Inc. 2. Reject all bids and go out for bids through formal advertisement. ATTACHMENTS: City Charter Section 614 MTU/REE/JDO/TAE/tae cc-906.awa (a) By ordinance or resolution the City Council-may authorize the City.Administrator or other off, bind the City, with or without a written contract, for the acquisition of equipment, materials, supplies, labor, services or other items included within the budget approved by the City Counci may impose a monetary limit upon such authority. (b) By ordinance or resolution,the City Council may provide a method for the sale or exchange of _ personal property not needed in the City service or not fit for the purpose for which intended,and the conveyance of title thereto. (c) Contracts for the sale of the products, commodities or services of any public utility owned, 1, controlled or operated by the City may be made by the manager of such utility or by the head of department or City Administrator upon forms approved by,e City Administrator and at rates f by the City Council. Section 614. CONTRACTS ON PUBLIC WORKS. Except as hereinafter expressly provided, ev than contract involving an expenditure of more an Twenty-five Thousand Dollars($25,000) for the construction or improvement(excluding maintenance and repair)of public buildings,works, streets, drains, sewers, utilities, parks and playgrounds, and each separate purchase of materials or supplies for the same,w m here the expenditure required for such purchase shail exceed the su of Twenty-five Thousand Dollars (S25,000), shall be let to the lowest responsible bidder after notice by publication in accordance with Section 503 by two or more insertions, the first of which shall be at least ten days = -_ before the time for opening bids. The City Council may reject any and all bids presented and may readvertise in its discretion. After rejecting bids, or if no bids are received, or without advertisine for bids if the total amount of the con tri or project is less than Twenty-five Thousand Dollars(S25,000), the City Council may declare and determine that in its opinion,the work in question may be performed better or more economically by th City with its own employees, or that the materials or supplies may be purchased at lower price in the open market, and after the adoption of a resolution to this effect by the affirmative vote of a majority o the total members of the City Council, it may proceed to have said work done or such materials or supplies purchased in the manner stated without further observance of the provisions of this section. = All public works contracts exceeding the sum of Twenty-five Thousand Dollars($25,000) may be let purchases exceeding the sum of Twenty-five Thousand Dollars (S25,000)may be made without advertising for bids if such work or the purchase of such materials or supplies shall be deemed by the City Council to be of urgent necessity for the preservation of life, health, or property and shall be authorized by at least five affirmative votes of the City Council. Projects for the extension, replacement or expansion of the transmission or distribution system of any existing public utility operated by the City or for the purchase of supplies or equipment for any such project or any such utility may be excepted from the requirements of this section by the affirmative vote _= of a majority of the total members of the City Council. Section 615. GRANTING OF FRA1tiCMSES. The City Council shall by ordinance regulate the granting of franchises for the City. c-18 Request for City Council Action May 16, 1994 Submitted to : Honorable Mayor and City Council Submitted by: ����M��ichael T. Uberuaga, City Administrator Prepared by: a"Louis F. Sandoval, Director of Public Works Subject: APPROVAL TO ADVERTISE BIDS FOR THE CONSTRUCTION OF TWO NEW TRAFFIC SIGNALS AT THE INTERSECTIONS OF ATLANTA / MIRAMAR / GREENFIELD AND AGNOLIA I EDISON HIGH SCHOOL: CC-906 APPROVED BY CITY COUNCIL W 192Z Consistent with Council Policy? [X] Yes [ ] New Policy or Exception . IC cr cat Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: The plans and specifications for the construction of the two new traffic signals at the intersections of Atlanta Avenue / Greenfield Lane / Miramar Lane and Magnolia Street / Edison High School are completed, and City Council approval is required to advertise this project. RECOMMENDED ACTION: 1. That the City Council approve the plans and specifications for the installation of the two new traffic signals at the intersections of Atlanta Avenue / Greenfield Lane / Miramar Lane and Magnolia Street / Edison High School (CC-906) and authorize the Director of Public Works to advertise this project. 2. Approve the attached sample contract subject to award of contract to approved lowest responsible bidder. ANALYSIS: The installation of the two new traffic signals at the intersections of Atlanta Avenue / Greenfield Lane / Miramar Lane and Magnolia Street / Edison High School are warranted. City Council approved the two locations at the August 16, 1993, City Council Meeting. ENVIRONMENTAL STATUS: This project is categorically exempt via the General Rule Exemption (CEQA Section 15061 (b)(3)). FUNDING SOURCE: The funds for this project are available in E-SF-PW-984-6-32-00. The engineer's estimate for the two signals is $240,000. ALTERNATIVE ACTIONS: 1. Do not authorize the Department of Public Works to advertise for bids. 2. Do not approve the "sample contract" for this project. 3. Direct staff on alternative action. ATTACHMENTS: Project Location Map Special Provisions Sample Contract MTU/LFS/JDO/TAE/tae A� cc906.bid - rYo yr>6-1V T" Mo. 'L),N T 1,%iG T OiV 3=.A CP T PAFF/C 51&V�L S (EX/5 7 LMS' .CND FUT U2E) L � O ".�.,,� Avu El ^1RCCS AvI I I O V 1 CE 51 6 J _ O V V o � v =✓ �/ V u V S_I TERV ^ ^ I I I ,SLATER L%C N • 2 ■ C v A•clwT�\! i"� I 1 �1L�En i A.v: l/ v ^ ; I � u � V _I O A _ I <ALIT I • 'HL I < .1• Y+I Z� ;�� I AM1;1'J1.� C 1 LEGEND O FUTURE CITY-FUNDED SIGNALS ■ FUTURE TRAFFIC SIGNALS WITH IDENTIFIED FUNDING SOURCES =+ECENTLY IN''STALLED TP.AFFIC SIGNALS EXISTING TRAFFIC SIGNALS • • CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK August 3, 1994 Moore Electrical Contracting, Inc. 1852 W. Pomona Road Corona, CA 91720 Enclosed is a copy of the executed contract with the City of Huntington Beach, a Declaration of Satisfaction of Claims and a Certificate of Compliance form 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 the Public Works Department, 536-5441. Sincerely, Connie Brockway, CMC City Clerk CB:cc Enclosure: Cash Contract Declaration of Satisfaction Certificate of Compliance Copies/bonds, insurance gx6cashcon (Telephone:714-536.5227) I have received the Faithful Performance' Bond and the Labor and Materials bond for tr..ff; gng1 i ntcrcorti one of Atl aptia lMi r-am8 4C 4:eld & Magnolia - CC-906 on behalf of the Treasurer' s Office. Dated y' =�- ----— -- -- - By Moore Electrical Contracting, Inc. 1852 W. Pomona Road Corona, CA 91720 �d No. 134 96 55 PREMIUM: $3,080.00 r INSURANCE COMPANY OF THE WEST I. C. W. PARK P. O. BOX 81063 SAN DIEGO, CALIFORNIA 92138 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, MOORE ELECTRICAL CONTRACTING, INC. (hereinafter collect "Principal") as Principal, and Insurance Company of the West a corporation organ- ized and exfstfng'under the laws of the State of California and authorized to transact business in the State of CALIFORNIA . (hereinafter called "Surety'), as Surety, are held firmly bound unto THE CITY OF HUNTINGTON BEACH (hereinafter called "Obligee"), as Obligee, in the penal sum of TWO HUNDRED THIRTEEN THOUSAND NINE HUNDRED AND N0/100------------------- Doll— (S 213,900.00 ), good and lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors,and assigns, jointly and severally, firmly by these presents. Signed, Sealed and Dated this 29TH day of JULY 19 94 Whereas, the above bounden Principal has entered into a certain written contract with the above-named Obligee, dated the day of . 19 for INSTALLATION OF TWO TRAFFIC SIGNALS AT THE INTERSECTIONS OF ATLANTA/MIRAMAR/GREENFIELD AND MAGNOLIA/EDISON HIGH SCHOOL (CC 906) which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at lenath herein. NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH. That if the above bounden Principal shall well and truly keep, do and perform, each and every, all and singular, the matters and things in said contract set forth and specified to be by the said Principal kept, done and periormed at the time and in the manner in said contract specified, and shall pay over, make good and reimburse to the above-named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal, then this obligation shall be void; otherwise to be and remain in full force and effect. MOORE ELECTRICAL CONTRACTING, INC. Principal BY: _ WARREN MOORE, VICE PRESIDENT INSURANCE COMPA OF THE WEST S e By D. J. PICARD Attorney-in-Fact CALIFORNIA ALL-PURSE ACKNOWLEDGMENT • State of CALIFORNIA - -- County Of ORANGE ) On 7/29/94 before me, BEATA A. ARGUELLO, NOTARY PUBLIC personally appeared D. J. PICARD W personally known to me OR to be the personM whose name" is/xxwsubscribeci to the within instrument and acknowledged to me that he/matey executed the same in his/beit authorized capacity, and that by his/huix signature A on the instrument the person(, or the entity upon behalf of which the person" acted, executed the instrument. 4-1W40 ..� WITNESS.my hand and offic i al seal. •`°' BEATA A.ARGUELLO � ti / LU �' comm.#991500 W ' 140TARY PUBLIC-CALIFORNIA m Signature of Notary ORANGE COUNTY ^"'• My Corrm.Expires APR.14.1997 OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER: Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. INDIVIDUAL CORPORATE OFFICER(S) Titles PARTNER(S) LIMITED GENERAL xxx ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER SIGNER IS REPRESENTING: (name of p )" entity) INSURANCE COMPANY OF THE WEST THIS CERTIFICATE MUST BE ATTACHED TO THE FOLLOWING DOCUMENT: TITLE OF TYPE OF DOCUMENT: PERFORMANCE BOND NUMBER OF PAGES: 01 DATE OF DOCUMENT: 7/29/94 SIGNER(S) OTHER THAN NAMED ABOVE: CD - 7(a) Y ' CALIFORNIA ALL-PURPOSE AONOWLEDGMENT • No.5907 State of CALIFORNIA County of ORANGE On 7/29/94 before me, D. J. PICARD, A NOTARY PUBLIC , DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC- personally appeared WARREN MOORE , NAME(S)OF SIGNER(S) ® personally known to me - OR - ❑ pme to be the person(s) whose name(z) is/zm subscribed to the within instrument and ac- knowledged to me that he/ eW executed the same in his&juAbakx authorized capacity(d)es), and that by his&)vWd� OFFICIAL SEAL j signature(s) on the instrument the person(), D.J.PICARD r 4 ' NOTARY PUBLIC CALIFORNIA N Or the entity upon behalf of which the COMMISSION i 1M7571 C ORANGE COUNTY i person(s) acted, executed the instrument. My commission Ev.May 22,I M WITNESS my hand and offi ' I seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL CORPORATE OFFICER PERFORMANCE BOND VICE PRESIDENT TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 01 ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: 7/29/94 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) L1 MOORE ELECTRICAL CONTRACTING, INC. SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 PAYMENT BOND—PUBLIC WORKS Bond No. 134 96 55 PREMIUM CHARGED IS INCLUDED IN CHARGE FOR PERFORMANCE BOND.. INSURANCE COMPANY OF THE WEST HOME OFFICE•SAN DIEGO KNOW ALL MEN BY THESE PRESENTS: That we, MOORE ELECTRICAL CONTRACTING, INC. as Principal, and Insurance Company of the West ,incorporated under the laws of the State of California and authorized to execute bonds and undertakings as sole surety, as Surety, are held and firmly bound unto any and all persons named in California Civil Code Section 3181 whose claim has not been paid by the contractor, company or corporation, in the aggregate- total of TWO HUNDRED THIRTEEN THOUSAND NINE HUNDRED AND NO/100------------------------ Dollars, ($213,900.00 ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. The Condition of the foregoing obligation is such that; whereas the above bounden Principal has entered into a contract, dated 19 , with the CITY OF HUNTINGTON BEACH to do the following work, to-wit: INSTALLATION OF TWO TRAFFIC SIGNALS AT THE INTERSECTIONS OF ATLANTA/MIRAMAR/GREENFIELD AND MAGNOLIA/EDISON HIGH SCHOOL (CC 906) Now, Therefore, if the above bounden Principal, contractor, person, company or corporation, or his or its sub-contractor, fails to pay any claimant named in Section 3181 of the Civil Code of the•State of California, or amounts due under the Unemployment Insurance Code, with respect to work or labor performed by any such claimant, that, the Surety on this bond will pay the same, in an amount not exceeding the aggregate sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorneys fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit. This bond shall inure to the benefit of any person named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assignees in any suit brought upon this bond. This bond is executed and filed to comply with the provisions of the act of Legislature of the State of California as designated in Civil Code,Sections 3247-3252 inclusive, and all amendments thereto. Signed and Sealed this 29TH day of 3LEY , 1994 MOOR ETRIC CONTRACTING, INC. BY: G WARREN MOORE, VICE PRESIDENT Principal INSURANCE COMPANY OF THE WEST • ety By D. J. PICARD, AttorneyAn-Fact ICW-CAL-123 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State Of CALIFORNIA - County Of ORANGE ) On 7/29/94 before me, BEATA A. ARGUELLO, NOTARY PUBLIC personally appeared D. J. PICARD W personally known to me OR _ to be the personM whose name M is/mm subscribed to the within instrument and acknowledged to me that he/slwtey executed the same in his/beK authorized capacity, and that by his/hmx ix signature Mon the instrument the person(, or the entity upon behalf of which the person" acted, executed the instrument. HRH-�H�1NH�H. � WITNESS.my hand and official .seal. •`°' BEATA A.ARGUELLO w COMM.#991500 > N > 19 W�L/ja�& NOTARY PUBLIC-CALIFORNIA rIl Q ORANGE COUNTY -' ignature of Nota My Comm.Expires APR.14,1997_ OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER: Though statute does not require the Notary to fill in the data below, doing so may prove Invaluable to persons relying on the document. INDIVIDUAL CORPORATE OFFICER(S) Titles - - PARTNER(S) LIMITED GENERAL xxx ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER SIGNER IS REPRESENTING: (name of =soa(*xx entity) INSURANCE COMPANY OF THE WEST THIS CERTIFICATE MUST BE ATTACHED TO THE FOLLOWING DOCUMENT: TITLE OF TYPE OF DOCUMENT. PAYMENT BOND NUMBER OF PAGES: of DATE OF DOCUMENT: 7/29/94 SIGNER(S) OTHER THAN NAMED ABOVE: CD - 7(a) e"JALIFORNIA ALL-PURPOSE ANOWLEDGMENT No.5907 State of CALIFORNIA ,F County of ORANGE �i On 7/29/94 before me, D. J. PICARD, A NOTARY PUBLIC , i DATE NAME,TITLE OF OFFICER-E.G.,•JANE DOE,NOTARY PUBLIC personally appeared WARREN MOORE } NAME(S)OF SIGNER(S) ® personally known to me - OR - ❑ to be the person(s) whose name(z) is/zw subscribed to the within instrument and ac- knowledged to me that he%ttnlkty executed the same in his xAbvkx authorized capacity(tes), and that by hishAwddlik OFFICIAL SEAL signature(s) on the instrument the person(*), D.J.PICARD or the entity upon behalf of which the D o NOTARY PUBLIC-CALIFORNIA N COMMISSION i1027571 A person(s) acted, executed the instrument. ORANGE COUNTY My C=mWelat EV.May 22,199A WITNESS my hand and offi I seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL CORPORATE OFFICER PAYMENT BOND VICE PRESIDENT TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 01 ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: 7/29/94 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) MOORE ELECTRICAL CONTRACTING, INC. SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 MAINTENANCE BOND INSURANCE COMPANY OF THE WEST I. C. W. PARK P.O. BOX 81063 SAN DIEGO,CALIFORNIA 92138 Bond No. 134 96 55-M KNOW. ALL MEN BY THESE PRESENTS: 1rFit'►-RU CHARGED is INCLUDED uoED IN GHARGF FOR PERFORMANCE BOND. That, MOORE ELECTRICAL CONTRACTING, INC. , as Principal, and INSURANCE COMPANY OF THE WEST a corporation organized under the laws of the State of CALIFORNIA - and authorized to do a surety business in the State of CALIFORNIA as Surety, are held and firmly bound unto the THE CITY OF HUNTINGTON REACH in the sum of TWO HUNDRED THIRTEEN THOUSAND NINE HUNDRED AND NO/100----------------------------- fy213,900.00 lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: SEALED with our seals and dated this DULY 29, 1994 WHEREAS, on the the said MOORE ELECTRICAL CONTRACTING, INC. as contractor, entered into a contract for INSTALLATION OF TWO TRAFFIC SIGNALS AT THE INTERSECTIONS OF ATLANTA/MIRAMAR/GREENFIELD AND MAGNOLIA/EDISON HIGH SCHOOL (CC 906) for the sum of TWO HUNDRED THIRTEEN THOUSAND NINE HUNDRED AND NO/100--------------------- (S 213,900.00 ); and, WHEREAS, under the terms of the specifications for said work, the safel MOORE ELECTRICAL. CONTRACTING. INC- Is required to give a bond for- TWO HUNDRED THIRTEEN THOUSAND NINE HUNDRED ANn Nn/1 nn------------------------- fS 213,900.00 ), to protect the CITY OF HUNTINGTON BEACH against the result of faulty materials or workmanship for a period of one year from and after the date of the completion and acceptance of same, namely, until SEPTEMBER_ 30, 1995 NOW, THEREFORE, if the saki MOORE ELECTRICAL CONTRACTING. INC. shall for a period of one year from and after the date of the completion and acceptance of same by said THE CITY OF HUNTINGTON BEACH replace any and all defects arising in said work whether resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise to remain in full force and effect. MOORE ELVCTRICAL CONTRACTING INC. BY:W C-"4 WARREN MOORE, VICE PRESIDENT INSURANCE PANY F HE WEST By D. J. PICARD, ATTOR Y-IN-FACT ICW-CAL-138 CALIFORNIA ALL-PURSE ACKNOWLEDGMENT • State of CALIFORNIA- County of ORANGE ) On 7/29/94 before me, BEATA A. ARGUELLO, NOTARY PUBLIC personally appeared D. J. PICARD xLa personally known to me OR _ to be the personM whose name" is/imemubscribed to the within instrument and acknowledged to me that he/ k,WM executed the same in his/beq(t ek authorized capacity, and that by his/t bvix signature Mon the instrument the person00, or the entity upon behalf of which the person" acted, executed the instrument. N•..-•N•��.H•�.-••+-•- WITNESS.my hand and official seal. •`°' BEATA A.ARGUELLO COMM.#991500 > Q , NOTARY PUBLIC-CAIiFORNUI Signature of Not y ORANGE COUNTY ' •"' My Comm.Expires APR.14,1997 OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER: Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. INDIVIDUAL CORPORATE OFFICER(S) Titles PARTNER(S) LIMITED GENERAL xxx ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER SIGNER 1S REPRESENTING: (name of =som#)a t entity) INSURANCE COMPANY OF THE WEST THIS CERTIFICATE MUST BE ATTACHED TO THE FOLLOWING DOCUMENT: TITLE OF TYPE OF DOCUMENT: MAINTENANCE BOND NUMBER OF PAGES: 01 DATE OF DOCUMENT: 7/29/94 SIGNER(S) OTHER THAN NAMED ABOVE: CD - 7(a) CALIFORNIA ALL-PURPOSE A&OWLEDGMENT • No.5907 State of CALIFORNIA County of ORANGE On 7/29/94 before me, D. J. PICARD, A NOTARY PUBLIC , DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC- personally appeared WARREN MOORE , NAME(S)OF SIGNER(S) ® personally known to me - OR - ❑ to be the person(s) whose name(is) is/im subscribed to the within instrument and ac- knowledged to me that hetXtK;ftWW executed the same in hishbvjAbakx authorized capacity(ibs), and that by hishhvitMak OFFICIAL SEAL signature(s) on the instrument the person(*), D.J.PICARD N NOTARYPU9LIC-CAUFORNIA or the entity upon behalf of which the N i °Ool"NGECOUNW�' C person(s) acted, executed the instrument. My Convfft on ER.May 22,INS WITNESS my hand and o • ial seal. SIGNATURi OF NOTARY OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL © CORPORATE OFFICER MAINTENANCE BOND VICE PRESIDENT TITLE OR TYPE OF DOCUMENT TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL Ol ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: 7/29/94 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) 4A_" MOORE ELECTRICAL CONTRACTING, INC. SIGNER(S)OTHER THA AMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 INSURAOCE COMPANY OF TI6 WEST f HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duly authorized and existing under the laws of the State of California and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint: C. J. GRANGER, JR. ROBERT J. HANNA TODD M. ROHM D. J. PICARD its true and lawful Attorney(s)-in-Fact. with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Insurance Company of the West at a meeting duly called and held on the Sixth day of February, 1973. which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her;and be it further "RESOLVED: That the Attorney-in-fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this LOTH DAY OF OCTOBER 1985 INSURANCE COMPANY OF THE WEST LpMPAHy� E F �,UFOV<k President STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO On this LOTH DAY OF OCTOBER 1$§1�re the subscriber. a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came ERNEST RADY, President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknow- ledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written. ♦, ,:N r:Cv.i SEAL 1 N A PORTER TRIA ,! i n,. .... .:+c„ Notary Public STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO I, the undersigned, Richard S. King, Secretary of the Insurance Company of the West, do hereby certify that the original POWER OF ATTORNEY,of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this 29TH day of JULY 19 94- CP_ 0 Fl Z yq \>> Secretary C,(IFQRH\� ICW CAL 37 (REV. 5/82) �tl�:111:1k CSR C,K DATE(MM/DD/YY) CERTIFICA� OF INSURANCE MOOREEI 07/28/94 PRODUCER THIS CERTIFICATE IS Ia.,UED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Granger-Hanna Insurance Assoc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2401 E. Katella Ave. , Ste. 500 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Anaheim CA 92806 COMPANIES AFFORDING COVERAGE COMPANY 714-978-9785 A Transcontinental INSURED COMPANY B W.C.I.C. COMPANY Moore Electrical Contr. , Inc. C 1852 W. Pomona Road COMPANY Corona CA 91720 D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE S 2,000,000 A X COMMERCIAL GENERAL LIABILITY C0127762946 01/01/94 01/01/95 PRODUCTS-COMP/OPAGG $ 1,000,000 CLAIMS MADE EXIOCCUR PERSONAL&ADV INJURY S 1,000,000 X OWNER'S&CONTRACTOR'S PROT AL)vE ur,1Qvr:\E✓ Epp RSEMEENT A .1.'...1�� EACH OCCURRENCE $ 1,000,000 L.IJ L FIRE DAMAGE(Any one fire) $ 50,000 MED EXP(Any one person) $ 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 A X ANY AUTO BUA127762963 01/01/94 01/01/95 ALL OWNED AUTOS BODILY INJURY �' tI (Per person) l S SCHEDULED AUTOS PI'RO V�1ED A m y�S l O r O :I X HIRED AUTOS UIL HUT 1 C'iT, C1 l y ..ttorney BODILY INJURY X NON-OWNED AUTOS zy` D putt Cit O�r'ae (Per accident) $ PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ B WORKERS COMPENSATION AND X I STATUTORY LIMITS B EMPLOYERS'LIABILITY EACH ACCIDENT $ 1,000,000 THE PROPRIETOR/ INCL WC94000596 01/01/94 01/01/95 DISEASE-POLICY LIMIT $ 1,000,000 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL DISEASE-EACH EMPLOYEE $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS CANCELLATION IS 30 DAYS EXCEPT 10 DAYS FOR NON PAYMENT OF PREMIUM CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED LIABILITY ONLY PER ATTACHED ENDORSEMENT. RE: INSTALLATION OF TWO TRAFFIC SIGNALS, ATLANTA/MIRAMAR/ GREENFIELD AND MAGNOLIA/EDISON HIGH SCHOOL. WAIVER OF SUBROGATION APES TO WORKERS COMPENSATION. CERTIFICATE HOLDER CANCELLATION HUNTING SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL AN&Wk4VJ A-S4 MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH CA 92648 AUTHORIZED EPRESENTATIVE 1�1GE?iR5=5(5131 ©ACORD CORPORATION 1993 M CNA i(F A. lip£CUMM1II,NEN 1' ni M1^n.r( THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization (called additional insured) whom you are required to add as an additional insured on this policy under a written contract or agreement currently in effect or becoming effective during the term of this policy provided that a certificate of insurance showing that person or organization as an additional insured has been issued. The insurance provided to the additional insured is limited as follows: 1 . That person or organization is only an additional insured with respect to liability arising out of a. Premises you own, rent, lease or occupy or b. "Your work" for that additional insured by or for you. 2. The limits of insurance applicable to the additional insured are those specified in the written contract or agreement or in the Declarations for this policy whichever are less. These limits of insurance are inclusive of and not in addition to the limits of insurance shown in the Declarations. The insurance provided to the additional insured does not apply to "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of an architect's, engineer's, or surveyor's rending of or failure to render any professional services including: 1 . The preparing, approving , or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; and 2. Supervisory, inspection, or engineering services. ADDITIONAL INSURED: THE CITY OF HUNTINGTON BEACH, ITS OFFICERS, AGENTS AND EMPLOYEES AND ALL PUBLIC AGENCIES. RE: INSTALLATION OF TWO TRAFFIC SIGNALS, ATLANTA/MIRAMAR/GREENFIELD AND MAGNOLIA AND EDISON HIGH SCHOOL. THIS ENDORSEMENT IS A PART OF YOUR POLICY AND TAKES EFFECT ON THE EFFECTIVE DATE OF YOUR POLICY UNLESS ANOTHER EFFECTIVE DATE IS SHOWN BELOW. POLICY NO. INSURED C0127762946 Moore Electrical Contr., Inc. DATE AUTHORIZED REPRESENTATIVE July 28, 1994 G-17957-A Granger-Hanna Insurance Assoc . (ED. 02/92) CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND MOORE ELECTRICAL CONTRACTING, INC. FOR INSTALLATION OF TWO TRAFFIC SIGNALS AT THE INTERSECTIONS OF ATLANTA/MIRAMAR/GREENFIELD AND MAGNOLIA/EDISON HIGH SCHOOL (CC 906) 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 5 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 8 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 9 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS COMPENSATION INSURANCE 10 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 11 22. DEFAULT & TERMINATION 12 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 12 24. NON-ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 13 27. NOTICES 13 28. CAPTIONS 14 29, IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 14 31. ENTIRETY 15 6/agree/consuIV07/26/94 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND MOORE ELECTRICAL CONTRACTING, INC. FOR INSTALLATION OF TWO TRAFFIC SIGNALS AT THE INTERSECTIONS OF ATLANTA/MIRAMAR/GREENFIELD AND MAGNOLIA/EDISON HIGH SCHOOL (CC 906) THIS AGREEMENT, made and entered into this 3rd day of AUGUST , 1994, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and MOORE ELECTRICAL CONTRACTING, 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 installation at Atlanta/Miramar/Greenfield Streets and Magnolia Street/Edison High School 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 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 1 6/agree/ATLANTA/07/26/94 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 1991 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 of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; 2 6/agree/ATLANTA/07/26/94 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 Two Hundred Thirteen Thousand Nine Hundred Dollars ($213,900), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within forty-five (45) working 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. 3 6/agree/ATLANTA/07/26/94 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 change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 4 6/agree/ATLANTA/07/26/94 1 • • 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 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 5 6/agree/ATLANTA/07/26/94 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 working 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 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 6/agree/ATLANTA/07/27/94 • 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 6/agree/ATLANTA/07/26/94 (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 8 6/agree/ATLANTA/07/26/94 (%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. 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. 9 6/agree/ATLANTA/07/26/94 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 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. 10 6/agree/ATLANTA/07/26/94 20. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles. Said insurance policies shall name the CITY, and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in a amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 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 coverage as required herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. 11 6/agree/ATLANTA/07/26/94 The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance policies hereunder required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 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. 12 6/agree/ATLANTA/07/26/94 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. 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. 13 6/agree/ATLANTA/07/26/94 . • • 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. REST OF PAGE NOT USED 14 6/agree/ATLANTA/07/26/94 31. 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. MOORE EL CTRICAL CONTRACTING, INC. CITY OF HUNTINGTON BEACH, A municipal corporation of the State of By: California en M ore, Vice President n.� Mayor Rostcr ►Moo(tE� Pres�c�,�"�—•Tre4a�re T ATTEST: APPROVED AS TO FORM: � City Clerk „2� �i�Attorney 6,� I 14A ' INITIATED AND APPROVED: I AND A�V D- GT� Director of Public Works City Ad i istra or 15 6/agree/A T LA N TA/07/26/94 77 • 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 March, 1994 Prepared Under the Supervision of: �Cl V ' 1, C f ` L.0 r,I L JG 1 V No. 1578 Sf TR;F� James D. Ott on, City Traffic Engineer,RCE 38586, RTE 1578 Date Approved by: !gip` Ca' 7, `P: CN%l t Robert E. Eichblatt, City Engineer, RCE 20921 Date cover sht STANDARD SPECIAL PROVISIONS FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AND STREET LIGHTING IN THE CITY OF HUNTINGTON BEACH March, 1994 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. 86-1.03 Equipment List and Drawings specials 94 Page 2 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions March, 1994 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. specials.94 Page 3 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions March, 1994 86-2.01 Excavating and Backfilling The following shall be added to §86-2.01: Backfilling in roadway areas shall be with one (1) sack P.C.C. slurry to bottom of roadway surfacing material unless otherwise directed by the Engineer or shown on the plans. All "Potholing" within roadway areas shall be backfilled with City-approved "one sack slurry" mix. Backfill in all trenches and pull box sumps not in roadway areas shall be compacted to 90% Relative Compaction unless directed otherwise by the Engineer. 86-2.02 Removing and Replacing Improvements The second paragraph shall be amended to read as follows: Whenever a part of a square or slab of existing concrete sidewalk, curb, gutter, or driveway is broken or damaged, the sidewalk, curb, gutter, or driveway shall be removed completely from score line to score line. Sidewalk shall be replaced from back of curb to back of walk, curb and gutter shall be replaced from edge of sidewalk to edge of asphalt, and driveways shall be replaced at the direction of the Engineer. Portland Cement Concrete (P.C.C.) shall conform to §303-5 of the latest Standard Specifications for Public Works Construction (commonly referred to as the "Green Book"). Improvements shall be installed per the latest City of Huntington Beach Public Works Department Standard Plans. 86-2.03 Foundations The following shall be added to §86-2.03: The contractor shall construct the controller cabinet foundation as shown on State Standard Plan ES-413 for Type P cabinets, including furnishing and installing anchor bolts (except that foundation shall extend 18" above grade and not 3'/2" as shown) and shall install the controller cabinet on said foundation. A ground electrode (for radio interference suppression purposes only) shall be installed towards the front of the cabinet foundation and in the general vicinity of the cabinet door hinge. This electrode shall not be connected to any electrical circuit grounding conductor. specials 94 Page 4 _ Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions March, 1994 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. §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 dis-allowed in the City of Huntington Beach unless previously authorized in writing by the Engineer for the individual installation location as shown on the plans. The following conduit installation methods shall be the approved installation methods unless noted otherwise on the plan: Conduit shall be installed using drilling or jacking methods, except in the following situations: specials.94 Page 5 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions March, 1994 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. The seventeenth paragraph shall be amended to read: Rigid non-metallic type conduit and plastic coated rigid steel conduit shall not be used for drilling and jacking. Rigid non-metallic type of conduit and plastic coated rigid steel conduit may be installed under existing pavement if a hole larger that the conduit is pre-drilled and the conduit installed by hand. Rigid metal conduit, to be used as a drilling or jacking rod, shall be fitted with suitable drill bits for required hole size. The twentyseventh paragraph shall have these additional requirements: Conduit entering pull boxes shall terminate a minimum of 2" above the grouted bottom of the pull box and not less than S" 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). specials.94 Page 6 Huntington Beach _ Tragic Signal and Street Lighting Standard Special Provisions March, 1994 86-2.06 Pull Boxes 86-2.06A Materials The first paragraph shall be amended to read: All new pull boxes shall be plastic lined PCC, except where noted otherwise on the plans. All new pull box extensions shall be PCC, except where noted otherwise on the plans. All new pull box lids shall be fiberglass, except where noted otherwise on the plans. Pull box lid bolt- down hardware shall not be required unless noted otherwise on the plans. All new pull boxes shall be No. 6 unless noted otherwise on the plans. New pull boxes and pull box lids shall be the following Christy Concrete Products, Inc. pull boxes, or approved equal: Pull 1€3ox S Pull BoyChnsty Concrete Pu11 Box Lid(Chesty.. Product§, Inc ;Catalog No Concrete Products,Inc Catalog;N0 3 1/2 N9 FL9T 5 N30 FL30T 6 N36 FL36T 86-2.06B Cover Marking State Standard Plan ES-8, 'Pull Box Details", Note 4-a.5 and b.10, shall not apply to this project. 86-2.06C Installation and Use The second paragraph shall be amended to read: All new pull box installations shall be grouted. The pull boxes shall be bedded in crushed rock as shown on the plans and shall be grouted prior to the installation of conductors. The grout shall be between 0.5-inch and one inch thick and shall be sloped toward the drain hole. A layer of roofing paper shall be placed between the grout and the crushed rock sump. A one inch drain hole shall be provided in the center of the pull box through the grout and the roofing paper. specials 94 Page 7 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions March, 1994 The third paragraph shall be amended to read: Where the sump of an existing pull box is disturbed by the contractor's operations, the sump shall be reconstructed and, if the sump was grouted, the old grout shall be removed and new grout placed. Where the sump of an existing non-grouted pull box is disturbed by the contractor's operations, the sump shall be reconstructed and new grout and roofing paper shall be placed as described above. The following shall be added to §86-2.06C- No new or existing pull box shall be located in or within 1' of any wheelchair ramp. 86-2.08 Conductors and Wiring The following shall be added to §86-2.08: Conductors, #10 AWG or smaller, shall be solid. Conductors, 48 AWG and larger, shall be stranded. Emergency vehicle pre-emption (EVP) cable shall be continuous, without splices, from optical detector to controller cabinet. 86-2.08A Conductor Identification The following shall be added to §86-2.08A: Insulation color for bicycle push button conductors shall be solid blue. 86-2.08E Signal Interconnect Cable The first sentence of the first paragraph shall be amended to read: Signal Interconnect Cable (SIC) shall consist of AWG No. 20 (minimum) stranded, tinned copper conductors with the number of pairs as specified on the plans(six pair minimum). The third paragraph shall be amended to read: SIC shall be continuous between traffic signal controller cabinets without breaks or splices. A minimum of six feet of slack shall be provided at each controller cabinet. The fourth paragraph shall be deleted from §86-2.08E. srecials.94 Page 8 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions March, 1994 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 86-2.09C Connectors and Terminals The following shall be added to §86-2.09C: Compression-type terminals (spade or eyelet) shall not be permitted for termination on solid conductors. 86-2.09D Splicing §86-2.09D shall be amended to read: Unless shown otherwise on the plans or permitted by the Engineer, splices in traffic signal conductors shall not be made between terminal blocks. Splices in street lighting (multiple circuit) and intersection safety lighting conductors shall be made in the base of the standard or adjacent pull box. Splices in street lighting or intersection safety lighting conductors shall conform to §86-2.09E and Standard Plan ES-13. Splices shall be insulated by Method B for Handcrafted Insulation. 86-2.10 Bonding and Grounding The second sentence of the seventh paragraph shall be amended to read: Ground electrodes shall be one piece, 10-foot length, 5/8-inch nominal diameter stainless steel and meet the requirements of the Code. specials.94 Page 9 _ Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions March, 1994 86-2.11 Service The following shall be added to §86-2.1 l: Traffic signal service equipment enclosures shall be furnished with the following unless shown otherwise on the plans: 1. 50 amp breaker for traffic signals(120V metered). 2. 30 amp breakers for safety lighting(120V metered). 3. Safety lighting contactor and test switch. The eighth paragraph shall be amended to read: Service equipment enclosures shall be fabricated from aluminum and conform to the requirements of §86-3.07A., "Cabinet Construction." Service equipment enclosures shall be provided with a baked enamel finish coat, white in color and a method of securing the enclosure utilizing a padlock. With a City-furnished padlock in place, it shall not be possible to force entry into the enclosure by hand without the use of tools. Service enclosures shall conform to City of Huntington Beach Standard Plan No. 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: The Contractor shall be responsible for applying for and arranging with the serving utility to complete service connections for both temporary and permanent installations, and the Contractor shall pay all costs and fees required by the utility. The twelfth paragraph shall be amended to read: All costs of all electrical energy utilized until the successful completion of the functional testing period(s) for new street lighting and/or traffic signal systems shall be the contractor's responsibility. Upon the successful completion of the functional testing period(s) the subsequent costs of all electrical energy utilized to operate the newly installed system shall be the responsibility of the City. The fourteenth paragraph shall be deleted from this section. srecials.94 Page 10 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions March, 1994 86-2.14 TestinZ 86-2.14A Materials Testing The following shall be added to §86-2.14A: For city funded or administered projects, the city will be responsible for the costs of the initial soil and geotechnical material tests. The costs of all subsequent soil or geotechnical material tests deemed necessary due to the failure of the initial tests shall be the responsibility of the contractor. The contractor shall be responsible for the costs of all soil and geotechnical materials testing for privately funded projects, as required by the Engineer. The second sentence of the first paragraph shall be amended to read: The costs of all equipment and materials testing, except as noted otherwise in this section, shall be the contractor's responsibility. The fourth paragraph shall be amended to read: The contractor shall allow 30 days for material and equipment testing from the date the material or equipment is delivered to the test site. When the equipment or material being tested has been rejected for failure to comply with these specifications, the contractor shall allow 30 days for subsequent retesting. The retesting period shall begin when the corrected equipment or materials are made available at the test site. The sixth paragraph shall be amended to read: It is the contractor's responsibility to pick up and deliver all required materials and equipment to and from the point of purchase, the test site, and the work site. The city shall not be responsible for pick up or delivery of any materials or equipment unless noted otherwise on the plans or in these specifications. 86-2.14C Functional Testing The first sentence of the fifth paragraph shall be amended to read: The city shall be responsible for the costs of electrical energy for testing of modified, city- owned street lighting and traffic signal systems. specials 94 Page 1 1 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions March, 1994 The following shall be added to §86-2.14C: The Contractor shall, at his own expense, arrange to have a signal technician, qualified to work on the controller assembly and employed by the controller assembly manufacturer or his representative, present at the time the equipment is turned on. 86-3 Controller Assemblies 86-3.01 Controller Assembly The following shall be added to §86-3.01: Contractor shall furnish the following items as a complete package: 1. Caltrans Model 170E Micro Processor Intersection Controller Unit Assembly, supplied with a Serial Extender Board and two each 1200/2400 Baud Modems (GDI Model 404 or approved equal). The controller assembly shall be configured and jumpered to have all Random Access Memory (RANI) and Programmable Read Only Memory (PROMs) on the Central Processor Unit (CPU) circuit board (configuration No. 2 in the Caltrans Model 170E Operations Manual). The serial extender board shall access ACIA Port No. 4 (COM 4) and shall provide a db 9 (female) plug on the face plate of the serial extender board. The db 9 plug shall be configured for standard IEEE RS232C serial port operations. The removable circuit boards within the intersection controller unit assembly shall be installed individually in a vertical plane, parallel to one another. The Model 170E controller unit assembly, the serial extender board, and 1200/2400 baud modems shall comply with the latest Caltrans Model 170 controller specifications and addendums No. 5 & 6, and the Caltrans letter of understanding dated January 13, 1993. Only manufacturers listed on the current Caltrans Qualified Products List shall be allowed to provide the controller assembly, serial extender board, and modem modules. The preferred manufacturer shall be Peek Traffic/Signal Control Company. 2. BI Tran Systems, Inc. Model 170 Controller Traffic Signal Program 233 (latest edition), one copy per each Model 170E controller assembly supplied. 3. Antares, Inc. 170 To NEMA Adaptor, Model 1000000A (latest version), complete with NEMA D Panel connector, one each per Model 170E controller assembly supplied. specials-94 Page 12 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions March, 1994 86-3.05 Controller Assembly. T�estin_g The second sentence of the second paragraph shall be amended to read: A Certificate of Compliance with the approved procedure and a test report signed by a responsible managing employee shall accompany each controller assembly submitted to city for acceptance prior to installation and functional testing in its final location. 86-3.07 Controller Cabinets The following shall be added to §86-3.07: Contractor shall furnish a Type P cabinet with thirty-two (32) vehicle detector connecting cables, conflict monitor and all appurtenant equipment (including load switches and 24 detector amplifiers) necessary to operate eight traffic phases. 86-3.07A Cabinet Construction The following shall be added to §86-3.07A: Cabinet shall be aluminum and painted white. A steel load switch bay shall be provided. 86-3.07B Cabinet Ventilation The first paragraph of§86-3.07B shall be amended to read: Rain tight, screened vent holes shall not be provided. Louvered vents with a permanent metal mesh and 14-inch by 10-inch by 1-inch 4-ply woven polypropylene air filter held firmly in place, which is to permit the fan to pass the volume of air specified, shall be provided in the cabinet door. Air filter support brackets shall have drain holes and the drain holes shall not drain to the outside of the cabinet. specials.94 Page 13 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions March, 1994 86-3.07C Cabinet Wiring The following shall be added to §86-3.07C: Flasher units shall be wired to flash phases 1, 2, 3 and 4 simultaneously and phases 5, 6, 7, and 8 simultaneously. Phases 1, 2, 3, and 4 shall not flash concurrently with phases 5, 6, 7, and 8. Cabinet shall include a NEMA "D" connector (MILSTD 27473T241335S) furnished with all pins and configured per Computer Service Company specifications to operate a Computer Service Company Model Tl traffic signal controller assembly (please see attached Appendix TS-1). 86-3.07D Cabinet Accessories The following shall be added to §86-3.07D: Labels on detectors and detector cables shall correlate controller phase designations with phase designations shown on the plans. Cabinet shall be furnished with a Detector Systems, Inc. Model DS-217 two position EVP equipment mounting rack, provided in the "flanges in" configuration. 86-3.08 Auxiliary 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. 262. Optical detector signal cable shall be 3M Model No. M-138, or approved equal. 86-3.08C Monitoring Device The following shall be added to §86-3.08C: specials.94 Page 14 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions March, 1994 Conflict monitor shall be Eberle Designs, Inc. Model SSM-12LEPR. 86-3.08K Convenience Receptacle The following shall be added to §86-3.08K: The convenience receptacle shall have ground-fault circuit interruption as defined by the National Electrical Code. Circuit interruption shall occur on 6 milliamperes of ground-fault current and shall not occur on less than 4 milliamperes of ground-fault current. 86-3.08L Flasher The third paragraph shall be amended to read: Flasher shall provide 2 output circuits to permit alternate flashing of signal faces and shall be capable of carrying a minimum of 20 amperes per circuit at 120 volts. 86-4 Vehicle Siiznal Faces and Signal Heads 86-4.01 Vehicle Signal Faces The following shall be added to §86-4.01: Signal section housings, backplates, and visors shall be plastic type, unless noted otherwise on the plans. All exposed and interior fasteners shall have an anti-seize compound (No-Lox or approved equal) applied before installation. 864.01A Optical Units The following shall be added to the first paragraph: Contractor shall supply and install all required light bulbs. Vehicle indication light bulbs shall be Duro Test or approved equal. 864.01B Signal Sections The following shall be added to §86-4.OlB: All indications shall be 12 inch. specials.94 Page 15 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions March, 1994 86-4.05 Pedestrian Sivals The following shall be added to §86-4.05: 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 and interior fasteners shall have an anti-seize compound (No-Lox or approved equal) applied before installation. 86-4.06 Signal Mounting Assemblies The following shall be added to §86-4.06: All exposed and interior fasteners shall have an anti-seize compound (No-Lox or approved equal) applied before installation. The fourth sentence of the first paragraph is amended to read: Post top slip-fitters, mast arm slip fitters, and terminal compartments shall be cast bronze. 86-5 Detectors 86-5.01A(3) Sensor Unit Construction The following shall be added to §86-5.01(A): All loop detector amplifiers shall be single channel. Amplifiers shall be Detector Systems, Inc., Model number 913B, unless shown otherwise on the plans. specials.99 Page 16 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions March, 1994 86-5.01 A(4) Construction Materials The following shall be added to §86-5.0 1 A(4): Loop wire shall be Type 2. Loop detector lead-in cable shall be Type C, unless specified otherwise on the plans. When 4- 418 loop detector lead-in cable is specified on the plans, the loop detector lead-in cable shall be Canoga Controls Corporation 30003 polyethylene jacketed cable, with water blocking per Type B loop detector lead-in cable. 86-5.OlA(55)Installation Details The following shall be added to §86-5.OlA(5): Unless shown otherwise on the plans all new loop detectors shall conform to Standard Plan ES-5B, Type E, except that the loops shall be 6-foot diameter (not 6-inch diameter as shown) and shall be spaced 10-feet apart in the direction of travel (not 10-inches as shown). Loop detector sealant shall be "Hot-Melt Rubberized Asphalt Sealant". Loop detectors shall be installed (including sealant) on the same day in which the loop detector slots are cut. Curb terminations shall be as shown on Standard Plan ES-5E, Type A. The number of loop detector lead-in cables required to achieve the specified detection shall be installed. Splices will not be allowed in the loop detector lead-in cable between the controller cabinet and the pull box adjacent to the loop detector installation. Loop detector to loop detector lead-in cable splicing shall conform to §86-2.09D. Splices shall be insulated according to §86-2.09E, Handcrafted Insulation for Detector Circuits. Heat- shrink tubing is dis-allowed. srecials.94 Page 17 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions March, 1994 86-5.02 Pedestrian Push Buttons The following shall be added to §86-5.02: Pedestrian push buttons shall be Standard Plan ES-5C, Type B. Push button assemblies shall be McCain Traffic Products Model No. MPB.02 with polycarbonate push button cover or approved equal. 86-6.01 Luminaires Intersection safety lighting luminaires shall comply with §86-9 of these special provisions. The luminaires shall be the type specified for arterial streets. The output wattage of the intersection safety lighting luminaires shall be as shown on the plans. 86-6.065 Internally Illuminated Street Name Signs §86-6.065 shall be deleted and replaced with the following: A solid box superimposed upon the traffic signal mast arm symbol on the plans shall indicate that a complete Non-Illuminated Mast Arm Street Name Sign assembly shall be installed on that mastarm. The sign mounting hardware and location details shall be as shown in the City of Huntington Beach Standard Plan No.s 403 &404 A&B. The following specifications define requirements for Non-Illuminated Mast Arm Street Name Signs: Sign Message: Street Name Suffixes shall not be used. Letter size, style, spacing, arrows, logos and borders shall generally conform to the current State of California Department of Transportation (Caltrans) Traffic Manual, Table 4-4 and Table 4-7, and Sign Specifications for Type G7 Advance Street Name Signs. Non-Illuminated Mast Arm Street Name Signs shall be double sided unless noted otherwise on the plans. specials.94 Page 18 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions March, 1994 Sign Materials: The sign panel shall be 0.080-inch thick new sheet aluminum alloy 3003-H14 or 5052- H32. The sign panel shall have shear-trimmed or roll-slit edges with workman-like quality. The corners of the sign panel shall be 3-inch radius. Four 0.375-inch diameter sign attachment holes shall be provided in each sign. The sign attachment holes shall be in the positions specified on City of Huntington Beach Standard Plan No. 404, with the 'A' dimension of 13 inches. The mounting holes shall be 4-inches in-board of the outside vertical edge of the sign and generally conform to the positions shown on Standard Plan 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 NylockT� 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 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 Ligh, ting, 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: srccials.93 Page 19 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions March, 1994 Non-arterial Streets: Non-arterial streets shall be any street not shown on the current Orange County Master Plan of Arterial Highways. Street lighting poles shall be Ameron Catalog No. 6C1-17F6 (or approved equal). When the plans specify 70 Watt High Pressure Sodium Vapor (HPS) Luminaires, one of the following luminaires types shall be installed: General Electric Catalog No. M2AC-07-S-0-N-1-G-MC3-1 (Multi-tap ballast) General Electric Catalog No. M2AC-07-S-7-N-1-G-MC3-1 (120/240 VAC ballast) Hubbell Catalog No. RMC-3-3 (Fixture Housing)with RMD-07S26-3 (Power Door) When the plans specify 150 Watt High Pressure Sodium Vapor (BPS) Luminaires, one of the following luminaires types shall be installed: General Electric Catalog No. M2AC-15-S-0-N-1-G-MC3-1 (Multi-tap ballast) General Electric Catalog No. M2AC-15-S-7-N-1-G-MC3-1 (120/240 VAC ballast) Hubbell Catalog No. RMC-3-3 (Fixture Housing)with RMD-15S28-3 (Power Door) These catalog numbers specify a luminaire with IES Type III distribution, full lighting cut-off, power door ballast assembly, 120/240 VAC or multi-tap lighting ballast, and bulb. Arterial Streets: Arterial streets shall be any street shown on the current Orange County Master Plan of Arterial Highways. For all arterial streets except Pacific Coast Highway, Walnut Avenue between Sixth Street and First Street, and Pacific View Avenue between First Street and Beach Boulevard, lighting poles shall be Ameron Catalog No. 1 C 1-28N8 (or approved equal). specials.94 • Page 20 _ Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions March, 1994 When the plans specify 250 Watt High Pressure Sodium Vapor (HPS) Luminaires, one of the following luminaires types shall be installed: General Electric Catalog No. M4AC-25-S-0-N-1-G-MC3-1 (Multi-tap ballast) General Electric Catalog No. M4AC-25-S-7-N-1-G-MC3-1 (120/240 VAC ballast) Hubbell Catalog No. RLC-3-3 (Fixture Housing)with RLD-25S38-3 (Power Door) When the plans specify 400 Watt High Pressure Sodium Vapor (BPS) Luminaires, one of the following luminaires types shall be installed: General Electric Catalog No. M4AC-40-S-0-N-1-G-MC3-1 (Multi-tap ballast) General Electric Catalog No. M4AC-40-S-7-N-I-G-MC3-1 (120/240 VAC ballast) Hubbell Catalog No. RLC-3-3 (Fixture Housing)with RLD-40S38-3 (Power Door) These catalog numbers specify a luminaire with IES Type III distribution, full lighting cut-off, power door ballast assembly, 120/240 VAC or multi-tap lighting ballast, and bulb. The contractor shall install a pull box adjacent to the new street light pole base with 1 1.5-inch conduit between the pull box and the street light. The street light pole foundation installation shall comply the pole manufacturer's recommendations. All street lighting and intersection safety lighting poles shall have an in-line fuse installed. Street lighting poles shall have the in- line fuse installed in the pull box adjacent to the pole. Intersection safety lights shall have the in-line fuse installed in the pole base of the traffic signal pole or lighting pole supporting the intersection safety lighting luminaire. The in-line fuse shall include a water-tight housing and shall be Fusetron or approved equal. Street lighting systems installed on Pacific Coast Highway (State Route 1), Walnut Avenue between Sixth Street and First Street, and Pacific View Avenue between First Street and Beach Boulevard (State Route 39) shall require Ameron Catalog No. 1-0-2248 or Ameron 1-C3- 224813 street light poles (as shown on the plans). Luminaires shall be 250 Watt HPS or 400 Watt HPS as shown on the plans. Street lighting pole and conduit installations on Pacific Coast Highway and Beach Boulevard shall require Caltrans plan approval and encroachment permits. specials.94 • Page 21 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions March, 1994 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. specials.94 4 , • • Page 22 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions March, 1994 APPENDIX TS-1 spccials94 rD SC 2:-DESCRIPTION 2.5.7.4 T1 MS CONNECTOR "D" 1- Cycle B Select 50- 8111 Don't Walk Driver 2- Split B Select 51- Spare Output 2 3- Offset A Select 52- Spare Output 3 4- OL E Red Driver *53- Police Flash 5- OL E Green Driver 54- Max Extension (�6- Flow Receiver 3S *55- Assignable Det 13 k 7- Flow Receiver 4 56- Simultaneous Gapout 8- Assignable Det 44 57- Sync Input 9- 911 Walk Driver 58- Free - 10- Cycle C Select 59- B12 Green Driver 11- OL F Green Driver 60- g10 Phase Omit 12- OL F Red Driver 61- 911 Phase On c 13- E.V. 4 -A- 62- All I Check -*14- Assignable Det 10)�-- 63- Spare Output 1 15- Assignable Det 7-)� M4- EV Preempt 3 _ 16- Assignable Det 6.* 65- Dual Entry 17- J511 Red Driver J(66- EV Preempt 2 c 18- Split A Select 67- For Mfg Use Only 19- Cycle A Select 468- Conflict Flash 20- OL F Yellow Driver 69- Railroad Preempt 1(-21- Modem Transmit �k- 70- For Mfg Use Only A, 22- Modem Transmit 4: 71- 2r12 Red Driver - �23- Modem Receive-* 72- ff11 Ped Call Det 'k-24- Assignable Det 15 4- 73- g12 Walk Driver k25- Assignable Det 3 *- 74- p111 Ped Omit 26- P111 Ped Clear Driver 75- Intersection Flash 27- ff11 Green Driver 76 Flow Xmit 2/Spec Funct 2 28- H11 Yellow Driver 77- Conditional Service 29- OL E Yellow Driver 78- For Mfg Use Only 30- g10 Hold -)c79- EV Preempt 1 - - 31- Flow Coordination Active 80- 89 Red Driver 4 32- Assignable Det 14�k 81- For Mfg Use Only ` 3 3- Modem Receive * 82- 012 Ped Call Det 3 4- Assignable Det 16)k 83- B'11 Phase Omit 35- Assignable Det 114 84- B'12 Phase Omit — 36- g10 Ped Omit 85- 2110 Ped Call Det tk-37- Assignable Det 14- 86- 99 Ped Omit .;1,-38- Assignable Det 5,k- 87- P110 Phase Next ik39- Assignable Det 8 ),e-- 88- 09 Walk Driver — )�-40- Assignable Det 2 89- Flow Xmit 3/Spec Funct 3 41- Offset B Select 90- For Mfg Use Only _ 42- Flow Receiver 1 91- For Mfg Use Only 43- Flow Receiver 2 92- Flow Xmit 1/Spec Funct 1 44- Assignable Det 12 93- For Mfg Use Only 45- EIA in 94- 012 Ped Omit — 46- EIA out 95- 812 Hold X-47- Assignable Det 9 96- Br1 1 Hold 48- B10 Vehicle Call Det 97- 09 Ped Call Det — 49- 911 Phase Next 98- 912 Yellow Driver Rev. 10/88 2.13 — s • *2:-DESCRIPTION 2.5.7.4: T1 MS CONNECTOR "D" (CONTINUED) 99- g12 Ped Clear Driver 114- For Mfg Use Only 100- P110 Green Driver 115- PJ9 Hold 101- g9 Green Driver 116- 912 Phase Next 102- P19 Yellow Driver 117- 912 Don't Walk Driver 103- Master Sync Output 118- 2112 Check 104- For Mfg Use Only 119- 910 Red Driver 105- 012 Vehicle Call Det 120- 2r9 Don't Walk Driver 106- Q19 Vehicle Cali Det 121- Flow Xmit 4/Spec Funct 4 107- PI11 Vehicle Call Det 122- g9 Phase Omit 108- 210 Ped Clear Driver 123- 2110 Check 109- If12 Phase On 124- 010 Don't Walk Driver 110- 09 Phase On 125- 2r10 Phase On 111- J99 Phase Next 126- P110 Walk Driver 112- P19 Ped Clear Driver 127- g10 Yellow Driver 113- For Mfg Use Only 128- 99 Check NOTE: May differ, depending on software. 02 03 5 0601. 1 2.14 Rev. 10/88 Sample CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR INSTALLATION TO TWO TRAFFIC SIGNALS AT THE INTERSECTIONS OF ATLANTA/MIRAMAR/GREENFIELD AND MAGNOLIA/EDISON HIGH SCHOOL 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 5 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 8 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 9 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS COMPENSATION INSURANCE 10 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 11 22. DEFAULT & TERMINATION 12 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 12 24. NON-ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 13 27. NOTICES 13 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 14 31. ENTIRETY 15 6/agree/consult/04/21/94 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 1991 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 of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; 2 SAMPLE 6/agree/ATLANTA/04/21/94 Sample CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR INSTALLATION TO TWO TRAFFIC SIGNALS AT THE INTERSECTIONS OF ATLANTA/MIRAMAR/GREENFIELD AND MAGNOLIA/EDISON HIGH SCHOOL 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 installation at Atlanta/Miramar/Greenfield Streets and Magnolia Street/Edison High School 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 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 1 SAMPLE 6/agree/ATLANTA/04/21/94 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 within ( ) 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. 3 SAMPLE 6/agree/ATLANTA/04/21/94 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 change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly- 4 SAMPLE 6/agree/ATLANTA/04/21/94 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 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 5 SAMPLE 6/agree/ATLANTA/04/21/94 • • 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 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 SAMPLE 6/agree/ATLANTA/04/21/94 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 SAMPLE 6/agree/ATLANTA/04/21/94 (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 8 SAMPLE 6/agree/ATLANTA/04/21/94 (%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. 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. 9 SAMPLE 6/agree/ATLANTA/04/21/94 • • 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 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. 10 SAMPLE 6/agree/ATLANTA/04/21/94 20. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles. Said insurance policies shall name the CITY, and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in a amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 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 coverage as required herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. 11 SAMPLE 6/agree/ATLANTA/04/21/94 The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance policies hereunder required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 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. 12 SAMPLE 6/agree/ATLANTA/04/21/94 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. 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. 13 SAMPLE 6/agree/ATLANTA/04/21/94 • • 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. REST OF PAGE NOT USED 14 SAMPLE 6/agree/ATLANTA/04/21/94 • • 31. 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: CITY OF HUNTINGTON BEACH, A By: municipal corporation of the State of California print name ITS: (circle one) Chairman/PresidentNice President Mayor By: print name APPROVED AS TO FORM: ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary-Treasurer Q,ClkA City Attorney ATTEST: INITIATED AND APPROVED: City Clerk Director of Public Works REV WW APP D: 10, l City Administ for 15 SAMPLE 6/agree/ATLANTA/04/21/94 10 SECTION C 0 PROPOSAL for the INSTALLATION OF TRAFFIC SIGNALS (1994-PHASE HI) at the intersections of Atlanta Avenue at Miramar/Greenfield and Magnolia Street at Edison High School CASH CONTRACT No. 906 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 45 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all 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, thledersigned agrees that in the event �* 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 in the amount of$ which said amount is not less than 10% of the a;gregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received; 'dller's Si nature v C-2 IWJECT BID SCHEDULE • tem. sUmatc Pert! �i+,t r:uniltt�c paten e �vi'it;tetln wOl d� NQ:. Qi>iaiit�t Knit Pcicc Amount j ] Install Traffic Signal,All Inclusive 11cr Plans and Specifications for Magnolia Strccl at l;diSon High Schorr! _ ` lump SUM �R; SEVENTY SEVEN THOUSAND FIVE YA[ prREU L.S. $ 77 ,500.0 Cents Pcr ]t1111. $I1111 2 ] Construct Street hnprowinents,All inclusive!or Magnolia Avenue at 1:dison lligh School Far]'lens anc!Specifical.ions L.S 37 ,400.0 lump sun, THIRTY SEVEN THOUSAND FOUR HUDa D Ccnts Per lump sttm 3 1 Install Traffic Signal,All Inclusive:Per i'lans and Specil.ications lm Atlanta Avemic at lvlirmnar(Grccrdield lu1»psum (�r� NINETY NINE THOUSAND Dollars $ L.S. � 99,000.0 Cents Per lust sum �E- Total Amount Bid in Figures- $ 213,900.00 Total Amount Bid in Words; TWO HUNDRED THIRTEEN THOUSAND NINE HUNDRED AND 00/100------------------------------------- MUST �l.PtCJ Pole O2�EK 4 1 n�oaAr� 7�a�I`l q -� y y -ls } 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 Nafne and Address of Subcontractor State License Class o Work Number concrete Nobest Inc Acacia Garden Grove 151 6aID, A striping Orange County Striping-Orange 346095 C-32 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 OCOLLUSION AFFIDAVIT• TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Warren Moore being first duly sworn, deposes and says that he or she is Vice Pres of Moore Electrical ContractinOie 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. Moore Electrical Contracting, Inc Name of Bidder G Signature of Bidder 1852 W Pomona Corona, Ca 91720 Address of Bidder Subscribed and sworn to before me this day of , 199 A NOTARY PUBLIC NOTARY SEAL C-4 STATE OF CALIFORNIA ss. COUNTY OF Riverside On this 21 day of July in the year 19 94 L before e, the un ersigned, a Notary Public in and for said State, personally appeared Darren Moore OFFICIAL SEAL DONNA NELSON and Notary Public-Colifornla e r RIVERSIDE COUNTY personally known to me My Commfsdon Expkes (or proved to me on the basis of satisfactory evidence)to be the persons who executed the Juty 18 1995 within instrument as Vice President and Secretary, respectively,of the Corporation therein named,and acknowledged to me that the Corporation executed it pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and offic'(( 0.__� ACKNOWLEDGMENT—Corp.—Pres.&Sec.—Wolcotts Form 222CA—Rev. 11-83 ©1983 WOLCOTTS.INC. (price class 8-2) Notary Public in and for said State. 1 . <. t `5t.•,{ A�,r t. r fiN . • r; rS rf - �'iL Ft` i r y s �$• }Sa ■�- �i z�Nl j ;�Y • � j�+t.., �r i]~(t i f�.. �� µ,i� f ��._. r• .>'' i i F7i .' t • r x. i}: a, y4-is �,� l �jt'��p c $ ♦ { SS s tatr' f .i-' t�$'Er � �' ,�,'�- �r*4� !"���? t�,�' .: .x r ,�' !� 1 1 7 y" �"x� � � '^ - r��S� c�,•. ;� t;.�.�� "}.R S `T