HomeMy WebLinkAboutDEPT. OF TRANSPORTATION (CALTRANS) - 1994-10-18STATE OF CALIFORNIA—BUSINESS AND TRA4whATION AGENCY '16.) PETE WILSON. GovlR+o►
DEPARTMENT OF TRANSPORTATION
DISTRICT 12
2501 PULLMAN ST.
SANTA ANA, CA 92705
March 14, 1995
Mr. Jim Otterson
Traffic Engineer
City of Huntington Beach
F.O. Box 190
Huntington Beach. CA 92648
Dear Mr. Otterson:
Subject: Executed Cooperative Agreement
RECEIVED
TRAFFIC ENGINEERING
MAR 18 1996
I UNTINGTON BEACH, CA
Attached for your files is a fully executed copy of the Cooperative Agreement No. 12-194
A-1 between Orange County, the City of Huntington Beach and State of California for the Signal
Improvements on PCH and Warner Avenue.
If you have any questions, please call me at (714)724-2629.
Si r y,
TONY ENC AItES, Chief
Design Branch A
S
12.ORA-1 Phi 29.89
Route I (Pacific Coast Highway)
at Warner Avenue
'12220-027900
District Agreement No. 12-194 A-1
County Agreement No. D94-058 (AmendmeniNo.l)
AMENDMENT TO AGREEMENT
This AMENDMENT TO AGREEIVMNT, entered into on rc'A &-- , 1996 is between the
STATE OF CALIFO% IA, acting by and through its Department of Transportation, referred to
herein as "STATE", and
CITY OF HUNTINGTON BEACH
a body politic and a municipal
corporation of the State of
California, referred to herein
as "CITY"
and
COUNTY OF OPtANGE, a political Subdivision
of the State of California, referred to herein as
"COUNTY"
WA
RECITALS
{1) The parties hereto entered into an Agreement No. 12-194 (Document No. 9715) on
October 18, 1994. said Agreement defining the terms and conditions of a cooperative
project to modify a traffic control signal and performing roadwork at State Highs; -ay
Route 1 and Warner Avenue, referred to herein as "PROJECT".
(2) The purpose of this AMENDMENT to AGREEIv'1ENT is to include STATE's additional
responsibility to acquire the right of way for PROJECT.
IT IS THEREFORE MUTUALLY AGREED-
(1) The following Article shall be added to Section II, COUNTY AGREES of the original
Agreement to read;
(7) COUNTY shall accept the new right of way acquired by STATE, for the widening
of Warner Avenue as part of County Road.
(2) The following Articles shall be added to Section III, STATE AGREES of the original
Agreement to read;
(b) STATE shall acquire additional right of way to widen Warner Avenue at the
southwest corner of Route 1 and Warner Avenue as part of PROJECT.
(7) STATE shall be responsible for the entire actual cost of right of way and will
acquire the right of way in compliance with all applicable State and Federal laws
and regulations.
(3) The other terms and conditions of said Agreement No.]2.194 (Document No. 9715) shall
remain in full force and effect.
(4) This Amendment to Agreement is hereby deemed to be pan of District Agreement No. 12-
194 (Document No. 9715).
2
D' ict Agreement No. 1_'-iS, A-1
!j} Notntng nerein constitutes an express for implied assumption of the agreement pursuant to
the Bankruptcy Code Section 365, and County reserves its rights thereunder.
STATE OF CALIMMIA
Department of Transportation
JAMES W. van LOBEN SELS
Director of Transportation
WALT H. HAGE ?�
District Division Chief
Design
APPROVED AS TO FORM AN'D PROCEDURE:
By\ 0
Attoi y
Department of Transpo lion
CERTIFIED AS TO FINDS-
By�E.
District Budget Manager
CERTIFIED AS TO FOR%I AND PROCEDURE:
By �.---�
Accou tl,,A inistrator
CITY OF HLTNTINGTON BEACH
By
Mayor
Attest:
fi, jpij. City Clerk
APPROVED AS TO FORM:
By
ity Attor'A. ).� 1,ne}�.�1l�.? /' �CN
COLF.ti'TY OF OF-kNGE, a political subdivision
of e S to of California
of the Board of Supervisors
Signed and certified that a copy of
this Agreement has been delivered
to the Chairman of the Board.
By cemtk4
I:ATHLEEN E. GOODNO
Acting Clerk of the Board of Supervisors
County of Orange. California
APPROVED AS TO FORM:
County Counsel
C/��of Orange, C 1' a
Ole
By
eputy
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RESOLUTION OF THE BOARD OF SUPERVISORS OF
ORANGE COUNTY, CALIFORNIA
February 6, 1996
On motion of Supervisor Bergeson, duly seconded and carried, the
following Resolution was adoptedt
BE IT RESOLVED that this Board does hereby authorize execution of
Amendment No.1 to Cooperative Agreement No. D94-058, and return five
sets of: originals to Environmental Management Agency for processing to
CalTrans, with five certified copies of the Minute Order.
1/
Resolution No. 96-90
Hunt.Bch i CalTrans
Agmt.Amendment
CMD:imk 1
18
19
20 I
21
22
23
24
25
L-
M
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD
i
KATHLEEN E. GOODW
Acting Clerk of the Board of Su rvisors
of Orange'County, California
AYES: SUPERVISORS MARIAN BERGESON, DONALD J. SALTARELLI, JAMES W.
SILVA, WILLIAM G. STEINER, ROGER R. STANTON
NOES= SUPERVISORS NONE
ABSENT: SUPERVISORS NONE��
STATE OF CALIFORNIA j
39.
COUNTY OF ORANGE
I, KATHLEEN E. GOODNO Acting Clerk of the Board of Supervisors of
Orange County, California, hereby certify that the above and foregoing
Resolution was duly and regularly adopted by the said Board at a
regular meeting thereof held on February 6, 1996, and passed by a
unanimous vote of said Board.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
February 6, 1996.
' ' . 2 CH CINAL
ON FILE 1'41
CI su;v-,imS. cc4 .j Of
i
BY :;llc�. .c. AL.cs.ti�,� DEPUTY
- - � & =- - "., j-; >t
KATHLEEN Z. GOOD140
Acting Clerk of the Board ff
Supervisors of Orange County,
California
BOARD OF SUPERVISORS
ORANGE COUNTY, CALIFORNIA
NIINUTES
FEBRUARY 6, 1996
MOTION: On motion by Supervisor Bergeson. seconded by Supervisor Saltarelli, the
Board adopted Resolution No. 96-90 authorizing execution of Amendment No. I to
Cooperative Agreement No. D94-058, and return of five sets of originals to Environmental
Ntmagement Agency for processing to CalTrans, with five certified copies of the Minute
Order. MOTION UNANIMOUSLY CARRIED.
(Re Agenda Item 7)
AN
g
THE FVZECO!NG INSTRUMENT IS P TFUE
AND CORRECT COPY OF THE ORIG!NAL
ON FILE 1N THIS OFFICE.
of C=nvy C! { t2^J°
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{'�r4
STATEMENT OF ACTION OF THE CITY COUNCIL
CITY OF HUNTINGTON BEACH
""'••"••+-Indica.esPortions OfTheAfeetingNot Included In TheStatement OfAction
Council Chamber, Civic Center
Huntington Beach, California
Tuesday, January 16, 1996
A videotape recording of this meeting
is on file in the Office of the City Clerk.
Mayor Sullivan called the regular meetings of the City Council and the Redevelopment Agency
of the City of Huntington Beach to order at 5:05 p.m. in Room B-8.
CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL
PRESENT: Harman, Leipzig, Bauer, Sullivan, Det`Joff, Green, Garofalo
ABSENT. None
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Consent Calendar - Item Approved
On motion by Garofalo, second Harman, the follov�ng Consent Calendar items were approved
as re:ommended, by roll call vote:
AYES:
Harman, Leipzig, Bauer, Sullivan, De:loff, Green, Garofalo
NOES:
None
ABSENT:
None
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(City Council) Amendment To State Of Califomia Cooperative Agre_ement_- County pf
Orange Traffic Signal Modification - Pacific Coast Highway And Warner Avenue -
Approved (600.20) - Approved the Revised Cooperative Agreement No. 12-194 A-1 between
the Slate of Califomia Department of Transportation, the County of Orange, and the city for
the modification of the existing traffic signal at the intersection of Pacific Coast Highway (State
Route 1) and Warner Avenue.
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96stact
V
Page 2 - Statement of Action
Mayor Sullivan adjourned the regular meetings of the City Council and the Redevelopment
Agency of the City of Huntington Beach.
ATTEST:
/s/ Connie Brockway
City Clerk/Clerk
STATE OF CALIFORNIA )
County of Orange ) ss:
City of Huntington Beach )
_ /s/ Connie Brockway
City Clerk and ex-officio Clerk of
the City Council of the City of
Huntington Beach, California
/s/ Dave Sullivan
Mayor
4xN
. a
i, Connie Brockway, the duly elected City Clerk of the City of Huntington Beach, California, do
hereby certify that the above and foregoing is a true and correct Statement of Action of the
City Council of said City at their regular meeting held on the 16th day of January, 1996.
Witness my hand and seal of the said City of Huntington Beach this the 22nd day of
January, 1996.
/s/ Connie Brockway _
City Clerk and ex-officio Clerk of
the City Council of the City of
Huntington Beach, California
B �
Deputy tty Clerk �""
1- FaAA0")-bPLJ
CITY OF HUNTINGTON BEACH'-'
MEETING DATE: 7/01/96 0
DEPARTMENT ID NUMBER: 96-037
/- pro.bPtJ
CounciVAgency Meeting Held:? 6
Deferred/Continued to:
C efApproved ❑ Conditionally Approved ❑ Denied
City Clerk's Sign
Council Meeting Date: 7/01/96
Department ID Number: 96-037
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City Administratortipl
PREPARED BY: LES M. JONES 11, Director of Public Works'
SUBJECT: Pacific Coast Highway and Warner Avenue Signa Lification (CC-
1012) / Cooperative Agreement Amendment and Award Construction
Contract rl _
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmeptal Status,
Statement of Issue: On August 1, 1994, the City Council approved a cooperatve agreement
with the State of California and the County of Orange for the cost sharing of modifications -to -------
the existing traffic signal at the intersection of Pacific Coast Highway and Warner Avenue.
On January 16, 1996, an amendment to this agreement was approved by the City Council.
A second amendment to this agreement is now required. Also, on February 20, 1996
Council authorized a call for bids for Cash Contract 1012.
Funding Source: The City's share of the cost of construction is $74,607. This includes a
$21,607 increase from the cooperatve agreement approved in August 1, 1994. Sufficient
funds are available in account number E-SF-PW-984-6-43-00. For a project cost summary
showing City, County and State share of the total project cost, see Exhibit A-1 attacfiedlc
1
o
0019255.01 -2- 061191§6 8.68 AM
w�
RWUEST FOR COUNCIL ACTION
MEETING DATE: DEPARTMENT ID NUMBER: 96-037
Recommended Action:
1. Approve the attached Cooperative Agreement No. 12-194 A-2 between the State of
California, Department of Transportation, the County of Orange, and the City of Huntington
Beach and;
2. Contingent on Caltrans approval of the Cooperative Agreement Amendment, accept the
low bid submitted by DBX, Inc. 42066 Avenida Alvarado, Suite C, Temecula, CA 92590, and
authorize the Mayor and City Clerk to execute an appropriate contract for the Traffic Signal
Modifications at Pacific Coast Highway and Warner Avenue; CC1012; for a total bid amount
of $214,790; and,
3. Contingent on Caltrans approval of the Cooperative Agreement Amendment, authorize
the Director of Public Works to expend a total of $250,000 to cover the contract amount of
$214,790, estimated construction contingencies of $21,479 and supplemental expenditures
of $13,731.
Altemative Actions : Reject all bids, do not approve the amendment to the existing
cooperative agreement and place the project on hold until other funds are found for
construction.
Analysis: The original cooperative agreement approved by the City Council on August 1,
1994 was based on a preliminary cost of construction for the project. During the course of
design of the project, the cost of the project increased. The City's share of the project has
remained, however, at 25%, but the construction cost of the project increased from the
original estimate of $150,000 to the present cost of $239,191. This increase results in an
increase of the City's share for the project to $74,607, including preliminary engineering,
construction engineering and signal material costs.
On February 20, 1996, the City Council authorized a call for bids. Intersection
improvements include: 1) upgrading the traffic signal to an 8 phase system for left turn
phasing onto Pacific Coast Highway from Warner Avenue; 2) dual left turn from Warner
Avenue to southbound Pacific Coast Highway which necessitates some right-of-way
acquisition; 3) signing and striping which includes the installation of the crosswalk on the
north leg of the intersection; and 4) construction of a new raised concrete median island and
modification of two existing raised concrete median islands.
Staff has purchased the traffic signal poles prior to the award of the contract because the
delivery time is approximately 12 - 16 weeks. Advance purchase of the poles will shorten
the time required to complete the project by approximately four months. The City will receive
full credit for the purchase of this equipment towards the City's share of the project cost, the
$74,607 amout given above.
The traffic signal at Pacific Coast Highway and Warner Avenue is operated and maintained
by Caltrans.
0019255.01 -3- 06/18/96 9:18 AM
RET�UEST FOR COUNCIL ACT164
MEETING DATE: DEPARTMENT ID NUMBER: 96-037
Contract Amount
Project Change Orders*
Project Supplementals"
$214,790
$21,479
13 731
TOTAL $250,000
"—The amount identified is within the standard 10% limit set by Resolution Number 4896,
**--Examples of supplementals include soils, concrete and compaction testing, utility hook-
ups and special inspections.
The Engineer's estimate of the total construction cost of the base bid, including change
orders and supplementals, was $277,000. Bids were received on March 28, 1996, and are
listed below with the bid amount:
CONTRACTOR BASE BID
1. DBX Inc_
$214,790.00
2. PEEK Company
$238,208.00
3. C.T. & F. Inc.
$240,751.88
4. Kennedy Pipeline
$241,472.00
5. Hillside Construction
$249,833.50
6. Urbantech, Inc.
$267,965.00
Environmental Status: This project is categorically exempt per the California
Environmental Quality Act, §15301(c), a minor alteration of an existing highway, street, or
similar facility.
Attachment(s):
1. Project Location Map
2. Cooperative Agreement 12-194 A-2
3. Contractor's reference check
4. Exhibit A-1
0019255.01 -4- 06118/96 8:08 AM
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FILE NjkME: G:\ACAD\CC1012\VlCWAP.DWG
CITY OF HUNTINGTON BEACH * PUBLIC WORKS * TRAFFIC ENGINEERING
d I LOCATION MAP CC1012 I FIGURE
PACIFIC COAST HIGHWAY AND WARNER AVENUE A
CYfY OF HUNTINGT'O'N BEACIi
INTERDEE'ARTMENTAL COMA'IUNICATION
TO: Cash Contract File CC-1012
FRONT: Eric R. Charionne, Contract Administrator
SUBJECT: REFERENCE CHECK; DBX, INC.
DATE: April 4, 1996
City of Huntington
City of Santa Ana
Cattrans
QUESTIONS
Beach:
Name: Quinn
Name: Godwin Emuh
Name: Bill Smith
Moore
Phone: (909) 383-
Phone:536-5526
Phone: 5654045
7534
1
Did contractor work well with your agency?
Yes
Yes
Yes
2
Did they change personnel during the job?
Na
Unknown
No
3
Were there any problems with
No
No
No
subcontractors or suppliers (stop notices)?
4
Did general and subcontractors work
Yes
Unknown
Yes
consistently on the project?
5
Was the project completed on time?
Yes
Yes
Yes
6
How was the auatity of the work?
Very Good
Good
Excellent
7
Would you hire this general contractor
Yes
Yes
Definitely
again?
8
Are the contractors' and subcontractors'
Yes
licensescurrent and verified with State
Contractors License Bureau?
9
Are there any outstanding complaints lodged
No
against the contractor with the State
Contractor's Licensing Board?
10
Comments:
None
Project Manager for
Contractor is very
this job passed away
familiar with Caltrans
re t irements
ERC:gd
0018W.01
'
District Agreement 12-194 A-2
EXHIBIT A-1
COST ES]ULU ES
DESCRIPTION
Total Cost Citv Share
County Share
State Share
Construction Co"'
Percentage of the total Const. Cost.
100.0%
10.5%
25.0%
64.5%
Signals
$108,393
$11,381
$27,099
$69,915
Materials ordered by the City
1 011
1 366
3 253
392
Subtotal Signals
$121,406
$12,747
$30,352
S78,307
Roadwork
Subtotal
5106 39a
5227,801
$11.171
23,918
$26.599
$56,951
625
S146,932
5% Contingency
$11.394
] 19b
$2,847
$7,347
$239,191
$25,114
$59,798
$154,279
Engineering Cost - Signals
Percentage of Engineering Costs
100570
75 7
25 7
0 0
Preliminary Eng. (Non -Labor)
r Construction Cost)
$2,185
$1,639
S546
3D
(1.8 of
Pre]' wary Eng. (Labor Only)
S9,105
S6,829
$2,276
3)
(7.5 70 Of Construction Cost)
Prelitnina Eng. (Overhead)
$4,462
S3,346
$1,116
33
(49%of 7.5%G = 3.7%of Const. Cost)
Construction Eng. SNon-Labor)
$4,371
$3,278
S1,093
33
(3.6% of Construction Cost)
Construction Eng. (Labor Only)
S10,077
$7,559
$2,519
33
(8.3 0 of Construction Cost)
Construction Eng (Overhead)
S4,93S
$3,703
$1,235
33
(49 oof 8.3 % = 4.1 % of Const. Cost)
Signals Subtotal
3-'
26,353
8,785
3}
F.upineerini Cost - Roadway
Preliminary Eng Q 13%�
$13,831
$10,373
S3,458
$)
Overhead Included
Construction Eng. @ 16%
S17,023
S12,767
$4,256
1)
Overhead Included
Roadwork Subtotal
530,854
523,140
$7,714
14)
Total (Inc. Const. Cost, En;.
$305,183
$74,607
$76,297
$154,279
Costs for Signals and Roadwork)
6 "'».
CITY OF HUNTINGTON BEACH
INTER -DEPARTMENT COMMUNICATION
fdL.tj.4c,0% $iACN
TO: Randy Huttenberger, Acting Contract administrator
FRO?►Z: Joe Barron, Deputy City Attorney
DATE: May 20, 1996
SUBJECT: Warner/PCH Signal Modif cation - CC-1012
RLS 96-325
After consuhation .Kith Pajl MAJessandro z,-)d re%i"ing Section A, Ne ice 1mitine Sezled Bids,
it is our opinion that ill bonds should be held for EO days and then released as per the last
parzcrzph '� -lion .�►.
I�
try
01 . -dDPJj K--
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• r
CITY OF Hb.rTINGTON BEACH `
RLS No. _
2
--.REQUEST FOR LEGAL SERVICES
Assn To
Gail Hutton, City Attorney
Date v
L
Date:
Request made by:
Telephone:
Department:
May 8, 1996
Randy Huttenberger
x 5242
Public Works
INSTRUCTIONS: File request in the City Attorneys Office. Outline reasons for this request and state
facts necessary for City Attorney to respond. PIease attach all pertinent information and exhibits.
TYPE OF LEGAL SERVICES REQUESTED:
❑ Ordinance ® Opinion ❑ Stop Notice
❑ Resolution ❑ lease ® Bond
❑ Meeting ❑ Contract/Agreement ❑ Deed
❑ Court Appearance ❑ Insurance ❑ Other:
Is Request for Preparation of Contract form attached? ❑ Yes ® No
.Are exhibits attached? ❑ Yes ® No
If for City Council action, If not for Council action, Sign re rtment Head
Aoenda Deadline desired completion date: d— r
5129195
Council Meeting
COMMENTS:
Routing:
Project: WamerlPCH Signal Modification, CC- 1012
GCH
❑
This project has been sent out for bid, with the bids received and opened on March 28.1995. However, the low
PDA
❑
bid submitted by DBX,lnc, in the amount of 5214,790.00 is in excess of the amount CalTrans has budgeted
JCB
❑
;or this project. The Engineer's estimate was 5277,000.00. CalTrans needs an extension of approximately
SL
❑
90 days to reapply for the additional funds from Sacramento. The low bidders's bid is firm and he has agreed
WSA
❑
.o told his bid for the 90 day period. Since this is an unusual situation, Public Works recommends that the
ADL
❑
:ity Clerk release the bid bonds fron all the remaining bidders. A ccntraC cannot be awarded to the low
SF
❑
oidder un;ii CalTrans completes the process of encumbering the additional funds. Public Works requests
Jrr!
❑
.he proper paperwork necessary for the City Clerk to release these bonds.
❑
1. 4k"- 4ti l;,l 4.-J)
❑
3. art:., .1�?
D
96-325
❑
This Request for Lecal Services has been assicned to attorney JOE SARRDtl 5/14/96
,
extension. ,a—. His/her secretary is Karen , extension 8"093
Nctes:
File Name:
Date Completed:
—1 Shaded a,ees for City Attorney's Office use only.
01.6.42 C; C5/CBGS 3 17 FM
r R�
t 12-ORA-1 PM 29.89
Route I (Pacific Coast Highway)
at Warner Avenue
12220 - 027901
District Agreement No. 12-I94 A-2
County Agreement No. D94-058
(Amendment No.2)
AMENDMENT TO AGREEMENT
This AMENDMENT TO AGREEMENT, enter into on ��, 1996 isAMENDMENT
between the STATE OF CALIFORNIA, acting by and through its Department of Transportation,
referred to herein as STATE, and
CITY OF HUNTINGTON BEACH
a body politic and a municipal
corporation of the State of
California, referred to herein as
CITY
and
COUNTY OF ORt--NGE, a political
subdivision of the State of
California, referred to herein as
COUNTY
District Agreement 12-194 A-2
RECITALS
(1) The parties hereto entered into an Agreement No. 12-194 (Document No. 9715) on October 18,
1994, said Agreement defining the terms and conditions of a cooperative project to modify a
traffic control signal and performing roadwork at State Highway Route 1 and Warner Avenue,
referred to herein as PROJECT.
(2) The parties hereto also entered into an Amendment to Agreement (Document No. 97I5) on
February 6, 1996, to include STATE's responsibility to acquire the right of way for PROJECT.
(3) The purpose of this Amendment is to incorporate the increased construction cost estimate on the
basis of actual contract unit bid prices.
IT IS THEREFORE MUTUALLY AGREED_
(1) The amount specificd in Article (7) of SECTION I of original Agreement shall now read
$74,607 instead of $53,160.
(2) Article (1) of SECTION II of original Agreement is amended in its entirety to read:
(1) To deposit with CITY within forty-five (45) days of receipt of billing the amount of
$76,297 which figure represents COUNTY's estimate share of the expense of preliminary
engineering, construction engineering and construction costs required to complete
PROJECT, as shown on revised EXHIBIT A-1. COUNTY's total obligation for
2 fir.
District Agreement 12-194 A-2
PROJECT costs under this Amendment shall not exceed said amount, excluding costs
referred to in SECTION IV, Article (12) of the original Agreement.
(3) The estimated cost specified in Article (2) of SECTION II of original Agreement shall now read
$59,798 instead of $37,500.
(4) The estimated cost specified in Article (3) of SECTION II of original Agreement shall now read
$7,396 instead of $4,869.
(5) The estimated cost specified in Article (4) of SECTION II of original Agreement shall now read
$9,103 instead of $5,990.
(6) Article (1) of SECTION III of original Agreement is amended in its entirety to read:
(1) To deposit with CITY within 25 days of receipt of billing therefor, the amount of
$154,279, which figure represents STATE's estimated share of the construction cost
required to complete PROJECT, as shown on revised EXHIBIT A-1. STATE's total
obligation for PROJECT cost under this Amendment shall not exceed said amount,
excluding costs referred to in SECTION IV, Article (12) of the original Agreement.
(7) The estimated cost specified in Article (2) of SECTION III of original Agreement shall now read
$154,279 instead of $96,750.
District Agreement 12-194 A•2
(8) _ EXHIBIT A of original Agreement shall be deleted in its entirely and replace with EXHIBIT
A-1, attached and made a part of this Amendment to Agreement.
(9) The other terms and conditions of said Agreement (District Agreement No. 12-194, Document
No. 9715) shall remain in full force and effect.
(10) This Amendment to Agreement is hereby deemed to be part of District Agreement No. 12-194
(Document No. 9715).
(11) Nothing herein constitutes an express or implied assumption of the Agreement pursuant to the
Bankruptcy Code Section 365, and COUNTY reserves its rights thereunder.
(CONTINUED ON NEXT PAGE)
4 ..."
strict Agreement 12-194 A-2
I14 AFITNESS WHEREOF, the parties have executed this Amendment to Agreement by their duly authorized officers.
STATE OF CALIFORNIA
Department of Transportation
JAMES W. van LOBEN SELS
Director of Transportation
By
WALT H. HAGEN
District Division Chief
Design
APPROVED AS TO FORM AND PROCEDURE:
By
Att y
Department of Transportation
CERTIFIED AS TO FUNDS:
B�' - -�
District Budget Manager
CERTIFIED AS TO FOR1I ANI) PROCEDURE:
CITY OF 11UNTINGTON BEACH
By
h ayor
Attest: �� �C ..c'[�I�s✓C
City Clerk
APPROVED AS TO FORM:
By ,
.71 ty Attorney r;.G3
ORANGE, a political subdivision of the
State ofRall'rnia
By
of the Board of Supervisors
Signed and certified that a copy of the Agreement has been
delivered to the Chairman of the Board.
By 'p�� By r
Accounting A inistrator DAALEI4E J..B%OOM
Clerk of the Board of Supervisors
County of Orange, California
APPROVED AS TO FOR.NI:
00 County Counsel
Coun of Orange, Ca • rnia
S
By
coew
Dep ,
5�
1
strict Agreement .12-194 A-2
DESCRIPTION
Construction Cost'
Percentage of the total Const. Cost.
Signals
Materials ordered by the City
Subtotal Signals
Roadwork
Subtotal
5 % Contingency
Fngineerine Cost - Signals
Percentage of Engineering Costs
Preliminary Eng. (Non -Labor)
(1.8% of Construction Cost)
Preliminary Eng. (Labor Only)
(7.5 % of Construction Cost)
Preliminary Eng. (Overhead)
(49 %of 7.5 % � 3.7 %of Const. Cost)
Construction Eng. (Non -Labor)
(3.6% of Construction Cost)
Construction Eng. (Labor Only)
(8.3 % of Construction Cost)
Construction Eng (Overhead)
(49 %of 8.3 % = 4.1 %of Const. Cost)
Signals Subtotal
Engineering !Cost - Roadway
relitninary En 0 13
Overhead Includ0 ed
Construction Eng. c@ 16%
Overhead Included
Rca6 ov k Subtotal
Total {Inc. Const. Cost, Eng.
Costs for Signals and Roadwork)
EXHIBIT A-1
COST ESTIMATES
Total Cost
City Share
County Share
State Share
100.0%
10.5%
25.0%
645%
$108,395
$11,381
$27,099
$69,915
13 011
1 366
$3,253
$8.392
$121,406
$12,747
$30,352
$78,307
106 395
227,801
$11.171
26 599
$68,625
$23,918
$56,951
$146,932
l 13 SO
$1,196
$2,847
S7,347
$239,191
$25,114
$59,798
$154,279
100%
75%
25%
Oc
$2,185
$1,639
$546
$7
$9,105
$6,829
$2,276
3)
$4,462
$3,346
$1,116
ID
$4,371
$3,278
$1,093
ID
$10,077
$7,558
$2,519
3)
$4,938
$3,703
$1,235
3)
35,138
2 ,353
$8,785
__35
$13,831
$10,373
$3,458
3)
$17,023
$12,767
$4,256
3)
,�54
23,140
7,714
$305,183
$74,60
$76,297
$154,279
0
BOARD OF SUPERVISORS
ORANGE COUNTY, CALIFORNIA.
MINUTES
IULY 30.1996
AYES: Environmental Management Agency requests approval of Amendment
No. 2 to Agreement No. D94-058 to increase County's funding obligation due to the
increased construction cost on the basis of actual contract bid price for traffic signal
modification and road widening at Route I (Pacific Coast Highway) and Warner
Avenue.
MOTION: On motion by Supervisor Bergeson, seconded by Supervisor Saltarelli, the
Board moved to: I. Approve Cooperative Agreement No. D94-058, Amendment No. 2,
and return of four sets of originals to Environmental Management Agency for
processing to Caltrans, with four certified copies of the Minute Order. Supervisor
Steiner was absent. MOTION CARRIED.
(Re Agenda Item 12) THE FOREGOING INSTRUMENT IS A TRUE
AND CORRECT COPY OF THE ORIGINAL
OPT FILE I THIS O,F�FIIC,jE�. r
ATTEST: �-' y 19 �(z
Ctark of the Board
of Su rvi ors. County of ra-1ge
BYa .DEPUTY
STATE OF CAUFORNIA—BUSINESS. TRANSPORTATION AND HOUSING AGENCY FETE 1NALSON.Gv.*rnor
DEPARTMENT OF TRANSPORTATION
September 3, 1995
hir. Jim Otterson
Traffic Engineer
City of Huntington Beach
P.O. Box 190
Huntington Beach, CA 92648
Dear Mr. Otterson:
Subject: Executed Cooperative Agreement
Attached for your files is a fully executed copy of the Cooperative Agreement No. 12-I94
A-2 between Orange County, the City of Huntington Beach and State of California for the Signal
Improvements on PCH and Warner Avenue.
If you have any questions, please call me at (714)724-2629.
S. ce ly,
ONY NCINARES, Chief
Design Branch A
iIN
7r/
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
DBX, INC. FOR TRAFFIC SIGNAL MODIFICATION AT
PACIFIC COAST HIGHWAY AND WARNER AVENUE (CC-1012)
THIS AGREEMENT, made and entered into this 18th day of
October , 1996, by and between the City of Huntington Beach, a
municipal corporation of the State of California, hereinafter referred to as "CITY", and DBX, Inc.,
a California corporation, hereinafter referred to as "CONTRACTOR."
WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as
"PROJECT," more fully described as Traffic Signal Modification at Pacific Coast Highway and
WarnerAvenue (CC-1012) 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 connecticn with the work, including, but not limited to, all
expenses incurred by or in consequence of the suspension or discontinuance of work, except
such as are herein expressly stipulated to be borne by CITY, and for well and faithfully
completing the work within the stipulated time and in the manner shown and described in this
3-V a wwig9r23t96
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
DBX, INC. FOR TRAFFIC SIGNAL MODIFICATION AT
PACIFIC COAST HIGHWAY AND WARNER AVENUE (CC-1012)
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
16.
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.
ATTORNEY FEES
15
32.
ENTIRETY
15
3,7c1 wamsig19123196
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.
"Contras: 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 1994 edition of Stanclard Specifications for Public Works
Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA
90034, and all amendments thereto, written and promulgated by the Southern California chapter
2
3,W wwmig"4125P96
V
of the American Public Works Association and the Southern California District Associated
General Contractors of the California Joint Cooperative Committee;
E. Bid documents including the Notice Inviting Bids, the Special Instructions
to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A");
F. The particular plans, specifications, special provisions and addenda
applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the
Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as
if indicated and mentioned in both. In case of discrepancy between any plans, specifications,
special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to
the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose
decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and
expense.
Should there be any conflict between the terms of this Agreement and the bid or
proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be
considered as an acceptance of the terms of said bid or proposal which is in conflict herewith.
3. COMPENSATION
CITY agrees to pay and CONTRACTOR agrees to accept as full compensation
for the faithful performance of this Agreement, subject to any additions or deductions made
under the provisions of this Agreement or the Contract Documents, a sum not to exceed Two
Hundred Fourteen Thousand, Seven Hundred Ninety Dollars ($214,790), 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
3
3.1d w umig'9RS196
Q
six (6) consecutive months from the day the "Notce to Proceed" is issued by DPW, excluding
delays provided for in this Agreement.
5. TIME OF THE ESSENCE
The parties hereto recognize and agree that time is of the essence in the
performance of this Agreement and each and every provision of the Contract Documents.
CONTRACTOR shall prepare and obtain approval as required by the Contract
Documents for all shop drawings, details and samples, and do all other things necessary and
incidental to the prosecution of its work in conformance with the progress schedule set forth in
the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other
contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will
facilitate the efficient completion of the PROJECT and in accordance with the terms and
provisions of this Agreement. CITY shall have complete control of the premises on which the
work is to be performed and shall have the right to decide the time and order in which the
various portions of the work shall be performed tnd the priority of the work of other contractors,
subcontractors and CITY forces and, in general, all matters conceming 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.
4
S.'k/ warraig'9,15, 96
V
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.
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
5
W wams%191.2S196
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 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 Dollars (S200) 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.
6
3.k/ wamtig'9.73:96
V
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.
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.
7
3,V %vmig'912S196
3W
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 ind;cated 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;
(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 down:tiards, 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
W mamig"912196
completion shall be allowed if asserted after final payment under this Agreement. If the quantity
variation is such as to cause an increase in the time necessary for completion, the DPW shall
ascertain the facts and circumstances and make such adjustment for extending the completion
date as in its judgment the findings warrant.
14. PROGRESS PAYMENTS
Each month the DPW will make an estimate in writing of the work performed by
CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be
deducted and retained by CITY and the remainder, less the amount of all previous payments
since commencement of the work, will be paid to CONTRACTOR.
When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty
percent (50%) or more of the value of the work as determined from the bid schedule, and if the
DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be
paid such sum as will bring the payments of each month up to one hundred percent (%100) of
the value of the work completed since the commencement of the PROJECT, as determined by
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
9
3.'k/ wumig'M5196
thereVith 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.
18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS
CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save
harmless CITY, its officers, and employees agairst 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.
10
3, 1wmwig9/15/96
19. WORKERS COMPENSATION INSURANCE
Pursuant to Califomia Labor Code section 1861, CONTRACTOR acknowledges
awareness of section 3700 et seq. of said Code, which requires every employer to be insured
against 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 shaft furnish
to CITY a certificate of waiver of subrogation under the terms of the workers compensation
Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation.
20. INSURANCE
In addition to the workers compensation insurance and CONTRACTOR's
covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of
general public liability insurance, including motor vehicle coverage covering the PROJECT.
Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting
within the scope of their duties, against any and all claims of arising out of or in connection with
the PROJECT, and shall provide coverage in not less than the following amount: 'combined
single limit bodily injury and property damage, including products/completed operations liability
and blanket contractual liability, of $1,000,000 per occurrence. if coverage is provided under a
form which includes a designated general aggregate limit, the aggregate limit must be no less
than$1,000,000. Said policy shall name CITY, its officers, and employees as Additional
Insureds, and shall specifically provide that any other insurance coverage which may be
11
3,'k/ w•srr►sig^�I23I96
applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's
insurance shall be primary.
Under no circumstances shall said abovementioned insurance contain a self -insured
retention, or a "deductible" or any other similar form of limitation on the required coverage.
21. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS
Prior to commencing performance of the work hereunder, CONTRACTOR shall
famish to CITY certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverages as required by this Agreement; said certificates shall:
1, provide the name and policy number of each carrier and policy;
2. shall state that the policy is currently in force;
3. shall promise to provide that such policies will not be canceled or modified without
thirty (30) days prior written notice of CITY; and
4. shall state as follows: "The above detailed coverage Is not subject to any
deductible or self -insured retention, or any other form of similar type
limitation."
CONTRACTOR shall maintain the foregoing insurance coverages in force until
the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverages shall not
derogate from the provisions for indemnification of CITY by CONTRACTOR under the
Agreement. CITY or its representative shall at all times have the right to demand the original or
a copy of all said policies of insurance. CONTRAC.TOR shall pay, in a prompt and timely
manner, the premiums on all insurance hereinabeve 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.
12
311 %umig'9123%'96
22. DEFAULT AND TERMINATION
If CONTRACTOR fails or refused to prosecute the work hereunder with diligence,
or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an
assignment for the benefit of creditors or becomes insolvent, or violates any provision of this
Agreement or the contract documents, CITY may give notice in writing of its intention to
terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of
Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy
it may have, terminate this Agreement upon the expiration of that time. Upon such default by
CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make
good the deficiency in which the default consists and deduct the resulting costs from the
progress payments then or to become due to CONTRACTOR.
23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONTRACTOR agrees that upon completion of the work to be performed
hereunder, or upon earlier termination of this Agreement, all original plans, specifications,
drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be
delivered to CITY and become its sole property at no further cost.
24. 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.
13
3.'k! w wwig'9125196
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 Califomia 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 taotices, Notices to Withhold,
or any similar legal document. Said obligation shall be provided for in the labor and materials
payment bond required cf 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.
14
3AJ wuumig-9R5/96
29. IMMIGRATION
CONTRACTOR shall be responsible for full compliance with the immigration and
naturalization laws of the United States and shall, in particular, comply with the provisions of
U.S.C. Section 1324a regarding employment verification.
30. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONTRACTOR and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside
the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for
CITY; and CITY shall not be liable for payment of any legal services expenses incurred by
CONTRACTOR.
31. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and provisions of
this agreement or to secure the performance hereof, each party shall bear its own attorney's
fees.
REST OF PAGE NOT USED
15
3Wuvmig'9 25/96
32. ENTIRETY
The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement
between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized offices the day, month and year first above written.
DBX, INC. CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
California
By:. (L"'
M
Perry, Pfesident
Perry, Secretary
Mayor
ATTEST.?
REVIEWED AND APPROVED:
City Clerk �� •-�� ��
City A inistrator `7 APPROVED AS TO FORM:
ty Attorney
INITIATED AN APPROVED:
Director of P lic orks
16
XVµamig 25196
SECTION C
PROPOSAL
for the
TRAFFIC SIGNAL MODIFICATION
at
PACIFIC COAST HIGH%N'AY AND WARNER AVENUE
CASH CONTRACT No. 1012
in the
CITY OF HUNTRiGTON BEACH
TO THE HONORABLE 1%IAYOR AND MEMBERS OF THE COUNCIL OF
HUNTINGTON BEACH:
In compliance «nth 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,Aithin 60 working days, starting from the date of the Notice to Proceed.
BIDDER declares that this proposal is based upon careful examination of the work site, plans,
specifications, Instructions to Bidders and all other contract documents. If this proposal is
accepted for award, BIDDER agrees to enter into a contract %ith 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 six y days from the bid opening date. If at such
time the contract is not awarded, the AGENCY will reject all bids and Mll readvertise the project.
In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts,
and words shall govern over lizures.
C-1
If awarded the Contract, thYundersigned agrees that in the event �.Ahe BIDDER'S default in
executing the required contract and filing the necessary bonds and insurance certificates within 10
%vorking days after the date of the AGENCY'S notice of award of contract to the BIDDEN 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 ?y;r7ci &m-skin the amount of S inu OF h; 6- which
said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice
In-6ting 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:
p Addenda No. I DXe Received j Bidder's Si. -nature
C-2
PROJECT BID SCHEDULE
Item
Estimated
Item with emit price
Extended
No.
Quantity
written in words
Unit Price
Amount
]
1
lump sum
Mobilization
C Dollars
oo
S�_
cab
S f ,, s�0
—� Cents
Per lUM2 sum
2
1
Traffic Control Plan
o�
pC
lump sure
@ Dollars
S J SO
S C2,70 J
Cents
PeTilump sum
3
1
lump sum
Traffic Control
�
C _,�A f.l ,t v� C`As4ollars
S 3, s00 —
S 00 —
Cents
Per ITUMP sum
4
1
lump sum
Clear and Grub `
C7�10�'Gtd-w•Sw�. Dollars
00
s 000,
S.2,000
Cents
Per lump sum
5
610
Unclassified 5Ncavatjpn
O.r
CY
Ca.Dollars
S312
$ 1300
Cents
Per CY
6
3
Construct W7reel Chair Ramp
0
each
C _ Dollars
1
S 00
0
s .Saou
Cents
Per each
7
220
Construct Type A2-8 Curb & Gutter
O
D
linear foot
��t3�' Dollars
S ,
C—
s J 72 O
Cents
Per Iinear foot
8
830
Construct Type Curb
• .
r 00
—
C
I L0 40
linear foot
Dollars
S !
S
_6r Cents
Per linear foot
9
1030
Con ct Asp aft Concrete (1.45' Section)
0�
4.%
O
ton
Cg /v"" Dollars
S
S43jhp�
JV
_ Cents
Per ton
] 0
53
Const t Asphalt Concr to (3- Section)
O j
O,
ton
r Dollars
rr FF
S "T'S
S�
Cents
Per ton
A
1
—
` PROJECT BID SCHEDULE
Item
Estimate
I
Item with unit price
Enend7e
No.
QuantityF—'
written in words
Unit Price
Amount
11
2010
Constru PCC Sidc%%ml :
00
�' r
o
d 4 0
sq. foot
C Dollars
S
S
Cents
Per s . foot
12
2
Adjust Wre Box to Grade
p-0
DrO
each
C $ Dollars
!
S � SQ
S �i��
,
Cents
'
Per each
13
1
]tune
Relocate Fence (Wood Posts and C. }
D
Dd
O
sum
{a?.Qd, Dollars
S
S
Cents
Per lump sum
ld
1
Relocat Gate -ind Posts
#00
Iump sum
Ca_ Dollars
S D�
S
Cents
Per lump sum
15
1
Install State Furni ud (S.F.) Controller Catinet Complete
lump sum
cda& Dollars
00
S �0Q
ao
S 000
Cents
Per lurnp sum
16
1
Install S.F.0 troll
�f
lump sum
C Dollars
S ��Q _�
S S�Q
Cents
Per lurrp sum
17
1
Furnish & install 7N III -BF Senice Wi•.h FE
Vo d
lump stun
C Dollars
S
—e2` Cents
Per iump, sum
18
I
Install Cit}• Furnished Poles, igsta] & Ltrm. Mast Arms Complete o
v
lump sum
C Dollars S L6 Pao
S 44 04D
Cents
Per lurrp sum
I9
24
Furnish & Install Signal ications
O�
O
each
C9 's-2 Dollars
S Iapor __
S !�1
Cents
Per each
20
8
Furnish nstall Pedestrian Indicatio s
f � � j
0 0
300 �
D
J L
each
rd. _ _ Y�Mit�t4 _ Dollars
S
$
_ Cents
Per each
PROJECT BID SCHEDULE
MW
rem
E timated
ItTem %it unit price
Extended
No.
Quantity
written in words
FUnit Price
I Amount
21
11
Furnish fit. install Pedestrian Push Bun 'ls
O�
Do
each
Dollars
S S�
$ r
Cents
Per each
22
4
each
Furnish & install Bike Push Buttons
Ca0ra, I Dollars
00
S50 - -
00
S
Cents
Per each
23
4
Furnish=stall=H.PS.VL anceach
00
@ Dollars
S'00S
ZDO —
Cents
Per each
24
4
Furnish & Insta l I.I.S.N.S.
00
each
C Dollars
S t)0
s.Z goo
T/ Cents
Per each
25
4
each
Furnish & Install E.V.P.E. Sensor Unit P'51 ]
no�,,L- k- Dollars
S 1 oi�D�
S �
Cents
Per each
26
30
each
Furnish Install Detector Loops
CSq— _ Dollars
S 0 0
S 001
_Cents
Per each
27
6
Furnish & Install No. 3 In Pull Bo es
vo
00
each
Ca Oy%j . � tuJ�-t1_- Dollars
S �0
S6000
Cents
Per each
28
5
Furnish fi Install No. 5 Pul Boxes �
ao
ao
each
r QnA. Dollars
S %�o
5 7S0
Cents
Per each
29
11
Furnish & Install NP. 6 Pull Boxes
1
04
a
each
r ,( �/� Dollars
S c200
S Z Z1�D
Cents
Per each
30
480
Furnish & Instal 1 1R' Sch. 80 P.V.C.
Gd
0
linear foot
r Dollars
s >r 2--
sS, 7� o
Cents
Per linear foot
PROJECT BID SCHEDULE .
f 1 i 1
tem I
Estimaje
Item with unit price ===210
PC
Extended
No.
Quantity
written in words
Unit Price T
Amount
31
65
Furnish & Install " Rigid Conduit
i7 O
r� 00�
1TS
linear foot
C Dollars
S
$
Cents
Per lint a foot
32
245
Furnish & Instal 2 I12" Rigid Conduit
n
linear foot
C, Dollars
Ird
$ l to
3
Cents
Per linear foot
33
540
Furnish &`rt 1 3" Rigid Conduit
n 0
0
linear foot
C Dollars
S 1 r--
s
Cents
Per linear foot
34
1
Jump sum
Furnish & Install Wirel ble/EVPE Cable Complete
C Nkk_,�'w SLR-v+Y.. Dollars
S
S f1JUU
_Cents
Per Jump sum
35
1
lump sum
Sandblast Striping per S ats 4 and 5
fa`� ✓+ �� Ss+�� Dollars
s2 jo 0
Cp
sf 0
®~ Cents
Per IuM2 sum
36
l
Fumish & Install Striping per Shee• 4 sad 5
lump sum
C „��� }--t-v� ,�.D-w sue" Dollars
�L)
SQI�d
Cents
Per I=p sum
37
Ca Dollars
S
S
Cents
Per
38
r Dollars
S
s
Cents
Per
39
a. Dollars
S
S
Cents
Per
Total amount Bid in Fieures: S. cA/ ?
Total Amount Bid in Words: sa.+
• -LIST OF SUBCONTRACTORS)
In accordance with Goverrunent Code Section 4104, the Bidder shall set forth the name and
business address of each subcontractor who will perform work or render service to the bidder on
said contract in an amount in excess of one-half of one percent of the total bid and the portion of
the work to be done by such subcontractor.
Portion
of 1vork
Name and Address of Subcontractor
State License
Number
Class
Ar
tt-s- 6
m -- C.D
1p.rrt r l
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.
3. That the AGENCY will be furnished copies of all subcontracts entered into and bonds
furnished by subcontractor for this project.
4 C-3
ti�� .-.-. r....-rr-�..�...-.rrr.�NN.r.-.r .w -.r �r ...-... ..�r�. .�...��-___r �wrr.•-rr..r-.. ..�r.i.-w..��-ar. ����-.-. -yr..-
�w&ONCOLLUSION AFFIDAV�?
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California
ss.
Counry of Orange
vn 7:Rt rC' being first duly sworn, deposes and says that he of -she is
of _ �X . -U-T _ the party making the
foregoing bid that the bid is not made in the inte st 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 A ith 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 anv member or agent thereof to effectuate a collusive or sham bid.
�t�. y' T-r1C
Name of Bidder r
h- -, �::: �� � �
Si ture of Bidder
•y�Lfelt+-1N�'�liG�a A1Mr-OCIU -'OC
-r , n a(Z o
Address of Bidder
Subscribed and sworn to before me this a(o_ day of rMah 199 ,a .
NOTARY PUBLIC
U = -'�.::: �. Phyllissa G. Seaman
0 COtnM. #9T0245
c ; + rIOURY PUSLIC CALIFOANIAQ
+� RIVERSIDE CoUpiry
h MYCOmm. Erp,ras Aup. 11 jq%( L
NOTARY SEAL
G4
' UTILITY AGREEMENT
HONORABLE MAYOR AND CITY COUNCIL
CITY OF HUNTV;GTON BEACH, CALIFORNIA
Gentlemen:
The undersigned hereby promises and agrees that in the performance of the work specified in the
contract, known as the Traffic Signal Modification at Pacific Coast Highway and Varner
Avenue, (I)(we)(it) xvill employ and utilize only qualified persons, as hereinafter defined, to work
in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is
defined in Title 8, California Administrative Code, Section 2700, as follows -
"Qualified Person: A perso�i i+ho, b}- reason of experience or itrstructio?r, isfamiliar s+ith the
operation to be performed and the haaards involved."
The undersigned also promised and agrees that a'.1 such work shall be performed in accordance
with all applicable electrical utility company's requirements, Public Utility Commission orders, and
State of California Cal -OSHA requirements.
The undersigned further promises and agrees that the provisions herein shall be and are binding
upon any subcontractor or subcontractors that may be retained or employed by the undersigned,
and that the undersigned shall take steps as are necessary to assure compliance by any said
subcontractor or subcontractors ,%ith the requirements contained herein.
Date:
Contractor
Title
C-;
DA�UALIFICATION QUESTIONYAIRE
In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty
of perjury, the following questionnaire. .
QUESTIONNAIRE
Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary
interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or
completing a Federal, State or local government project because of a %iolation of law or a safety
regulation?
D Yes QYIiio
If the answer is yes, explain the circumstances in the space provided.
Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the
Proposal shall constitute signature of this questionnaire.
C-r
CONIP&&TION INSURANCE CERT ,oiCATE
Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works
contract has been awarded shall sign the following certificate.
I am aware of the pro%isions of Section 3700 of the Labor Code which require every
employer to be insured against liability for worker's compensation or to undertake self-
insurance in accordance with the pro,%isions of that code, and I will comply with such
provisions before commencing the performance of the work of this contract.
Date: R71a cln(o
a:nC-
Contractor
By
Title
C-7
6,6ERGROUND SERVICE AL�4T
IDENTIFICATION NUMBER
(To be completed only by the awarded Contractor prior to excavation) _
No excavation will be permitted until this form is completed and returned to the AGENCY.
Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued
before a Permit to Excavate will be valid.
To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a
minimum of two working days before scheduled excavation.
Dig Alert Identification Xurnber:
Contractor
a
Title
Date:
Note: 777is firm is required for ever}- Dig Alert Identification Number issued by U.S.A.
during the course of the Work. Additional forms ma}, he obtained from the AGENCY
upon request.
C-8
` BIDDER'S INFORNIATION�
BIDDER certifies that the folloiking information is true and correct:
. • __
Bidder Name
sutc Pvei��r_ira �lv rnr�c�I t�4-� C
Business Address
TC-MeCt LIO, lU
City, State Zip
Telephone Number
-A9(4Q'5(4' 1--- - C-)O a-0 _
State Contractor's License No. and Class
Ic)(0S
Original Date Issued
-]- -2�1-Qa 7
Expiration Date r
The work site was inspected by of our office on -O)LI IJ 15_, 199t.
The follov6ng are persons, firms, and corporations ha,%ing a principal interest in this proposal:
.S��f1 �1rlP 1, 0. Rj rr «�y
C-9
The undersigned is prepakn� to satisfy the Council of the City of �ntington Beach of its ability, `
financially or otherwise,- to perform the contract for the proposed work and improvements in
accordance with the plans and specifications set forth.
Comuany Name _
of Bidder
Printed or Typed Signh-6re
Subscribed and sworn to before me this day of Ma rr , 199-b.
0 Phyllissa G. Seamang
Comm. 9970245
. 0 - NOTARY PUSLIC CALIFORNIA)
RIVERSIDE COUNTY. 0
„aii , MYCorms. Expires Aug. 11 1!2y
NOTARY PUBLIC `
NOTARY SEAL
Listed below are the names, address and telephone numbers for three public agencies for which
the bidder has performed similar work-Aithin the past two years:
] . 0; +, 1 nP A-i t i ,-%4 n rA rN r-� mil► n r+ h P.L)m l tr)
Name'dnd Address of Pub Agency.
Name and Telephone No. of Project ' Mnager: -J.rn 0-tkerLm r, ly ' < < ' < < 3
Contract Amount Type of X�Wk Date Completed
Z. '_%CC So, nlCt(Ir2L), 011-1 o.t-4CLLi1 S-�. S0F,(c�(I1-P, ia7U�
Namrand Address of Public
Name and Telephone No. of Project Manager: SAoc ti-1 1�on7U sly-c,�,(,S-y0�-N
lR3 'n r S
Contract Amount Type ofWork- - - Date Completed
3. 1c-;V!tE r`�'Crt1i rnic� PO 6q ;)Rk) I &Rn C�F17r1Ctrdt,w C)Zt!Ua
Name and Address of Public Agency
Name and Telephone No. of Project Manager: &0d w 1; n'i n) U K
apq uq I L,Jp e, k 1 n Meft'clr� t �� �0
Contract Amount Type of Work Date Completed
C-10
Council/Agency Meeting Held: ,1 r Ik —Q�^
Deferred]Continued to:
Approved ❑ Conditionally Approved ❑ Denied
-o"
City Clerk's Signature
Council Meeting Date: January 16, 1996
Department ID Number: PW95-083
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City Admini
PREPARED BY: ES M. JONES II, Director of Public Worksya
SUBJECT: Amendment to State of California Cooperative Agreement/ Traffic
Sional Modification at Pacif c Coast Hinhwav and Warner Avenue
Statement of Issue, Funding Source, Recommended Action, Alternative Actions), Analysis. Environme al Status, Attachment(sj
Statement of Issue: On August 1, 1994, the City Council approved a cooperative
agreement with the State of California and the County of Orange for the cost sharing of
modifications to the existing traffic signal at the intersection of Pacific Coast Highway and
Warner Avenue. An amendment to this cooperative agreement is now required.
Funding Source: No funding will be required of the City of Huntington Beach for the
proposed amendment to the existing cooperative agreement.
Recommended Action: Approve the attached Revised Cooperative Agreement No. 12-194
A-1 between the State of California Department of Transportation, The County of Orange,
and the City of Huntington Beach for the modification of the existing traffic signal at the
intersection of Pacific Coast Highway (State Route 1) and Warner Avenue.
Altemative Action(s):
1. Deny the amendment to the existing cooperative agreement and
direct staff to modify the traffic signal design in a fashion that does not require the
acquisition of additional right-of-way. This alternative would require the redesign of the
traffic signal and possibly delay construction of the project for one year.
2. Do nothing and leave the traffic signal in its existing configuration.
ST
Jc All) /r
014.1333u
QUEST FOR COUNCIL ACTION
MEETING DATE: January 16, 1996
DEPARTMENT ID NUMBER: PW95-083
Analysis: During the course of the design of the proposed traffic signal modifications, it
became apparent that additional right-of-way was required for eastbound Warner Avenue
west of Pacific Coast Highway. The additional tight -of -way required is a strip ten feet wide
along the southern edge of Warner Avenue between Pacific Coast Highway and the
northern entrance to Bolsa Chica State Beach.
The State of California Department of Transportation (Caltrans) and the Department of
Parks and Recreation will exchange possession and control of this required right-of-way.
Following the completion of the construction project Caltrans will transfer possession and
control of this right-of-way to the County of Orange, as the adjacent portion of Warner
Avenue is within the political jurisdiction of Orange County. Maintenance of any new street
improvements within this right-of-way, such as sidewalk and landscaping, will be the
responsibility of Orange County. The City of Huntington Beach will not be involved in the
right-of-way acquisition, transfer, or maintenance of new street improvements.
Approval of this amendment is required by the City of Huntington Beach as the City was a
party to the original cooperative agreement.
Environmental Status: This project is categorically exempt per the California
Environmental Quality Act, §15301(c), a minor alteration of an existing highway, street, or
similar facility.
Attachment(s):
Cooperative Agreement No. 12-194 A-1
LMJ.REE:JDO:jdo-
0016294.01
-2-
01/02196 5:46 PM
STATE OF CALIFORNIA--BUSINESS AND TRANS 7Tt'ATION AGENCY PETE WILSON. Gowma
DEPARTMENT OF TRANSPORTATION
DISTRICT 12
2501 PULLMAN ST.
SANTA ANA. CA 92705
March 14, 1995
Nt-. Jinn Otterson
Traffic Engineer
City of Huntington Beach
P.O. Box 190
Huntington Beach, CA 92648
Dear 1,1r. Otterson:
Subject: Executed Cooperative Agreement
RECEIVED
TRAFFIC ENGINEERING
MAR 18 1996
HUNTINGTON BEACH, CA
Attached for your files is a fully executed copy of the Cooperative Agreement No. 12-194
A-1 between Orange County, the City of Huntington. Beach and State of California for the Signal
Improvements on PCH and Warner Avenue.
If you have any questions, please call me at (714)724-2629.
Si r y,
TONY ENC RES, Chief
Design Branch A
i
i
V
12-01RA-1 PM 29.89
Roue 1 (Pacific Coast Highway)
at Warner Avenue
1222C-027900
District Agreement No. 12-194 A-1
County Agreement No. D94-058 (Amendment No.1)
ANTEINDLIENT TO AGREEMEN7
This AMENDMENT TO AGREEMENT, entered into on _ rc-o3 -6= _ , 1996 is bem-een the
STATE OF CALIFOPU IA. acting by and through its Department of Transportation, referred to
herein as "STATE", and
CITY OF HUNTINGTON BEACH
a body politic- and a municipal
corporation of the State of
California, referred to herein
as "CITY"
and
COUNTY OF ORANGE, a political Subdivision
of the State of California, referred to herein as
"COUNTY"
RECITALS
(1) The parties hereto entered into an Agreement No. 12-194 (Document No. 9713) on
October 18, 1994. said Agreement defining the terms and conditions of a cooperative
project to modify a traffic control signal and performing roadwork at State Highway
Route I and Warner Avenue, referred to herein as "PROTECT".
(2) The purpose of this AMENDMENT to AGREEMENT is to include STATE's additional
responsibility to acquire the right of way for PROJECT.
IT IS THEREFORE MUTUALLY AGREED:
(1) The following Article shall be added to Section II, COUNTY AGREES of the original
Agreement to read;
(7) COUNTY shall accept the new right of way acquired by STATE, for the widening
of Warner Avenue as part of County Road.
(2) The following Articles shall be added to S:ction III, STATE AGREES of the original
Agreement to read;
(6) STATE shall acquire additional right of way to widen Warner Avenue at the
southwest corner of Route 1 and Warner Avenue as part of PROJECT.
(7) STATE shall be responsible for the entire actual cost of right of way and will
acquire the right of way in compliance with all applicable State and Federal laws
and regulations.
(3) The other terms and conditions of said Agreement No.12-194 (Document No. 9715) shall
remain in full force and effect.
(4) This Amendment to Agreement is hereby d:emed to be part of District Agreement No. 12-
194 (Document No. 9715).
2
A
L i� agreement No. 1 l;z A-1
t�1 Notninsy- nerein constitutes an express or impiied assumption of the agreement pursuant to
the Bankruptcv Code Section 365, and County reserves its rights thereunder.
STATE OF CALIFORNU
Department of •l; am1wtation
JAMES W. van LOBEN SETS
Director of Transportation
i
By
WALT H. HAGEN
District Division Chief
Design
APPROVED AS TO FORM A.N'D PROCEDURE:
By\ ��-00
Anoiti y
Department of Transportation
CERTIFIED AS TO FUNDS:
Bye
District Budget Manager
CERTIFIED AS TO FORM ANW PROCEDURE:
11:f
` By
Accau tag A 'nistrator
CITY OF HL'NTINGTON BEACH
B�cE
Y
Mayor
Anest:
City Clerk
•r
APPROVED AS TO FORINI:
By.A—:Z
ity Attorn/t�.?�/�
COUNTY OF ORANGE, a poWcal subdivision
of WMte of California
B
of the Board of Supervisors
Signed and certified that a ropy of
this Agreement has been delivered
to the Chairman of the Board.
By6Q�,q. ( FES 0 i IS
KATHLEEN E. GOODNO
Acting Clerk of the Board of Supervisors
County of Orange, California
APPROVED AS TO FORM:
County Counsel
?C/ounof Orange. C Ida
By / L
epury .
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RESOLUTION OF THE BOARD OF SUPERVISORS OF
ORANGE COUNTY, CALIFORNIA
February 6, 1996
On motion of Supervisor Bergeson, duly seconded and carried, the
following Resolution was adopted:
BE IT RESOLVED that this Board does hereby authorize execution of
Amendment No.1 to Cooperative Agreement No. D94-038, and return five
sets of originals to Environmental Management Agency for processing to
CalTrans, with five certified copies of the Minute order.
I/
Resolution No. 96-90
Hunt.Bch & CalTrans
Agmt.Amendment
CMD: imk 1
9
is
19
20
21
22
23
24
25
° 26
1 2s
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD
KATHLEEN E. GOODt1�/
Acting Clerk of the Board of Su rvisors
of Orange County, California
AYES: SUPERVISORS MARIAN BERGESON, DONALD J. SALTARELLI, JAMES W.
SILVA, WILLIAM G. STEINER, ROGER R. STANTON
NOES: SUPERVISORS NONE
ABSENT: SUPERVISORS NONE
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
I, KATHLEEN E. GOODNO Acting Clerk of the Board of Supervisors of
Orange County, California, hereby certify that the above and foregoing
Resolution was duly and regularly adopted by the said Board at a
regular meeting thereof held on February 61 1996, and passed by a
unanimous vote of said Board.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
February 6, 1996.
KATHLEEN E. GOODNO
Acting Clerk of the Board Vf
Supervisors of Orange County,
California
ON FILE IN TL'
nTr-Sj. �rC•Gticc tom. .� �19 .
CI sgsrvisors. C4.11I10+ cmap
BY � �''-.. �` .c c.�,.. . CS?UTY
BOARD OF SUPERVISORS
ORANGE COUNTY', CALIFORNIA
MINUTES
FEBRUARY 6. 1996
RESOLUTION NO. 96-90. AMEND9EMEJ`Q„JO COOPERATIVE AGREEMES1
NO, D94-058 WITH THE CITY OF HUNTINQJO_ N BEACHDEAC:H AND CAI —TRANS —FOR
TTEAIBC SIGNAL MODIFICATION AT ROUTE I -- PACIFIC COAST_HIGHWAY
AND WARNER AVENLtE: Environmental Management Agency requests approval of an
amendment to an agreement to acquire additional right-of-way for traffic signal
modification and road widening.
M4Isi: On motion by Supervisor Bergeson, seconded by Supervisor Saltarelli, the
Board adopted Resolution No. 96-90 authorizing execution of Amendment No. I to
Cooperative Agreement No. D94-058. and return of five sets of originals to Environmental
Management Agency, fcr processing to CalTrans, with five certified copies of the Minute
Order. MOTION UNANIMOUSLY CARRIED.
(Re Agenda Item 7)
THE FOPEEOIN0 INSTRUMENT IS A T fU�
AND CO-nRECT COPY OF THE ORIWNAL
ON FILE IN THIS OFFICE.
ATTr-ST: �'t�Lcc��t l.,� 19 r�
CIS O:S. PC.:nry C.1 ange
V
STATEMENT OF ACTION OF THE CITY COUNCIL
CITY OF HUNTINGTON BEACH
********* -Indicates Portions Of The jVfeeting Not Included In The Statement OjAction
Council Chamber, Civic Center
Huntington Beach, Califomia
Tuesday, .January 16, 1996
A videotape recording of this meeting
is on file in the Office of the City Clerk.
Mayor Sullivan called the regular meetings of the City Council and the Redevelopment Agency
of the City of Huntington Beach to order at 5:05 p.m. in Room B-8.
CITY COUNCILIREDEVELOPM ENT AGENCY ROLL CALL
PRESENT: Harman, Leipzig, Bauer, Sullivan, De;i'off, Green, Garofalo
ASSENT: None
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Consent Calendar - Item Approved
On motion by Garofalo, second Harman, the following Consent Calendar items were approved
as recommended, by roll call vote:
AYES:
Harman, Leipzig, Bauer, Sullivan, De:t'off, Green, Garofalo
NOES:
None
ABSENT:
None
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(City Councill Amendment To State Of Califomia Cooperative Agreement - County Of
Orancie Traffic Signal Modification - Pacific Coast Highway And Warner Avenue -
Approved (600.20) - Approved the Revised Cooperative Agreement No. 12-194 A-1 between
the State of Califomia Department of Transportation, the County of Orange, and the city for
the modification of the existing traffic signal at the intersection of Pacific Coast Highway (State
Route 1) and Wamer Avenue. -
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96stact
Page 2 - Statement of Action
Mayor Sullivan adjourned the regular meetings of the City Council and the Redevelopment
Agency of the City of Huntington Beach.
ATTEST:
Isl Connie Brockway
City Clerk/Clerk
STATE OF CALIFORNIA )
County of Orange ) ss:
Crty of Huntington Beach }
/s/ Connie Brockway
City Clerk and ex-officio Clerk of
the City Council of the City of
Huntington Beach, California
/sl Dave Sullivan f
Mayor "J
I, Connie Brockway, the duly elected City Clerk of the City of Huntington Beach, California, do
hereby certify that the above and foregoing is a true and correct Statement of Action of the
City Council of said City a: their regular meeting held on the 16th day of January. 1996.
Witness my hand and seal of the said City of Huntington Beach this the 22nd day of
January,1996.
/s/ Connie Brockway
City Clerk and ex-officio Clerk of
the City Council of the City of
Huntington Beach, California
! .ram "it M
wywl
M
STATEMENT OF ACTION OF THE CITY COUNCIL
CITY OF HUNTINGTON BEACH
********* -Indicates Portions Of 7heAfeeting Not Included In The Statement Of Action
Council Chamber, Civic Center
Huntington Beach, California
Tuesday, January 16, 1996
A videotape recording of this meeting
is on file in the Office of the City Clerk.
Mayor Sullivan called the regular meetings of the City Council and the Redevelopment Agency
of the City of Huntington Beach to order at 5:05 p.m. in Room B-8.
CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL
PRESENT: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo
ABSENT: None
•aiaii+wwiaiia++#aaaiiitawwwaiiaaaiiaaaaaaawaaaiaaiiwwaa+aawwwaeaaawawaitiiiwaiiriiiwaaaaiiw+aaaaira+#i+alai
Consent Calendar - Item. Approved
On motion by Garofalo, second Harman, the following Consent Calendar items were approved
as recommended, by roll call vote:
AYES: Harman, Leipzig, Bauer, Sullivan, Dett'off, Green, Garofalo
NOES: None
ABSENT: None
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(City Council) Amendment To State Of California Cooperative Agreement - County_Of
Orange Traffic Signal Modification - Pacific Coast Highway And Warner Avenue -
Approved (600.20) - Approved the Revised Cooperative Agreement No. 12-194 A-1 between
the State of California Department of Transportation, the County of Orange, and the city for
the modification of the existing traffic signal at the intersection of Pacific Coast Highway (State
Route 1) and Warner Avenue.
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96stact
N r
Page 2 - Statement of Action
Mayor Sullivan adjourned the regular meetings of the City Council and the Redevelopment
Agency of the City of Huntington Beach.
FA1IL*CIF
/sf Connie Brockway
City Clerk/Clerk
STATE OF CALIFORNIA )
County of Orange ) ss:
City of Huntington Beach )
/s/ Connie Brockway
City Clerk and ex-officio Clerk of
the City Council of the City of
Huntington Beach, California
Is/ Dave Sullivan
Mayor
i, Connie Brockway, the duly elected City Clerk of the City of Huntington Beach, California, do
hereby certify that the above and foregoing is a true and correct Statement of Action of the
City Council of said City at their regular meeting held on the 16th day of January, 1996.
Witness my hand and seal of the said City of Huntington Beach this the 22nd day of
January, 1996.
/s/ Connie Brockway _
City Clerk and ex-officio Clerk of
the City Council of the City of
Huntington Beach, California
BY X"
Deputy dy Clerk
REQUEST FOR CITY COUNCIL ACTION
Submitted to: Honorable Mayor and City Council �� Date: August 1,1994
Submitted by: Michael T. Uberuaga, CityAdministrator v`��
} PPROVED BY CITY COUNCIL
Prepared by: Ray Silver, Assistant City Administrator A 19?L
Subject: Modification of the Traffic Signal at the Intersection of
Pacific Coast Highway and Warner Avenue l rr cVLxx _
Consistent with Council Policy? [ X ] Yes [ ] New Policy or Exception
n _
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
61"11W 577--Z277 --0
STATEMEN7 OF ISSi1E:
The State of California %,fishes to enter into a cooperative agreement with the City of Huntington Beach and the
County of Orange to share in the costs of modifying the existing traffic signal at the intersection of Pacific Coast
Highway and Warner Avenue.
RECON1MFNDED COUNCI1, ACTION:
I. Approve the attached cooperative agreement between the State of California Department of Transportation,
the County of Orange, and the City of Huntington Beach for the modification of the existing traffic signal at the
intersection of Pacific Coast Highway (State Route 1) and Warner Avenue.
2. Authorize the Director of Public Works to expend S53,160 during Fiscal Year 1994-1995 from Gas Tax
Funds for the City's share of costs for the modification per the attached cooperative agreement, Exhibit A
ANALYSIS:
In 1989 Caltrans began corresponding with the City of Huntington Beach and the County of Orange regarding the
modification of the existing traffic signal at the intersection of Pacific Coast Highway and Warner Avenue. Caltrans
has undergone a number of staffing changes and program revisions (please see attachment No. 1-5, Project
Correspondence with Caltrans), which has delayed the implementation of this project. Due to vehicular and pedestrian
volumes, Caltrans is proposing to add a crosswalk to the north leg of the intersection (to cross Pacific Coast 11ighway)
and add left turn arrows for eastbound and westbound traffic on Warner Avenue turning north or south onto Pacific
Coast Highway. The project was Erst proposed in October, 1989, but has only recently been approved for funding by
Caltrans.
g:lottersonlletterslpchwarnr.rca
PCH at Warner Traffic Signal Modification Page 2
Cooperative Agreement
August I, 1994
In an effort to expedite the process, the City of Huntington Beach has offered to supervise the preparation of
improvement plans and specifications by a consulting engineering firm. The consulting engineering firm will be chosen
by the qualification based selection method, which is mandated by the Brooks Act. The State of California will be
responsible for 50% of the project costs, Orange County will be responsible for 25% of the project costs (Warner
Avenue west of Pacific Coast Highway is within unincorporated Orange County), and the City of Huntington Beach
will be responsible for 25% of the project costs. The anticipated project costs are detailed in Exhibit A of the
cooperative agreement. The CiVs share is not expected to exceed $53, I60.
FUNDING SOURCE,:
Funds are anticipated to be available in Fiscal Year 1994-1995 Gas Tax Funded Traffic Signal Systems Account No.
E-SF-PW-984-643-00.
ENWROMMEh7AL STATUS:
This project is categorically exempt per the California Environmental Quality Act, §15301(c), a minor alteration of an
existing highway, street, or similar facility.
ALTERNATIVE. ACTIONS:
1. Reject the proposed Cooperative Agreement and provide staff with direction regarding funding for the
modification of the existing traffic signal, or
2. Do nothing and leave the existing traffic signal in its existing configuration.
ATTACHMENTS:
Cooperative Agreement between the State of California, County of Orange, and City of Huntington Beach
No. 1, Letter from Tim Otterson to T.H. Wang, Caltrans District 12, dated October 24,1993
No. 2, Letter from Joseph Hecker, Caltrans District 12, to Tim Otterson, dated August 28, 1993
No. 3., Letter from Tim Otterson to Joe Hecker, Caltrans District 12, dated August 17,1992
No. 4, Letter from Tim Otterson to Jane Warren, Caltrans District 12, dated September 9, 1991
No. 5, Letter from Jane Warren, Caltrans District 12, to Bruce Gilmer, dated October 10, 1989
No. 6, Letter from Tony Encinares, Caltrans District 12, to Jim Otterson, dated May 24, 1994
NITU:RRS:REE:JDO j �0
g:Lottersonlletterslpchwarnr.rca
IN
9'715
12-ORA-01 29.89
12206-02790K
Route 1 (Pacific Coast Highway)
at Warner Avenue
District Agreement No.12-194
County Agreement No. D94-058
COOPERATIVE AGREEMENT
THIS AGREEMENT, ENTERED INTO ON _ `2 r 6 r- ,- I , 1994,
is between the STATE OF CALIFORNIA, acting by and through its
Department of Transportation, referred to herein as STATE, and
911�
CITY OF HUNTINGTON
BEACH, a body politic and a
municipal corporation of the
State of California, referred to
herein as "CITY"
AND
COUNTY OF ORANGE, a
political subdivision of the
State of California, referred to
herein as "COUNTY"
V
9'715
District Agreement No. 12-194
County Agreement No. D94-058
RECITALS
STATE and CITY/COUNTY contemplate modifying a traffic control
signal and performing roadwork at State Highway Route 1 and
Warner Avenue, referred to herein as "PROJECT' and desire to
specify the terms and conditions under which PROJECT is to be
engineered, constructed, financed, operated and maintained.
CITY AGREES :
(1) To provide all necessary preliminary engineering, including
plans and specifications, and utility identification and
location, and all necessary construction engineering services
for PROJECT and to bear CITY's share of the expense thereof,
as shown on Exhibit "A", attached and made a part of this
Agreement.
(2) To identify and locate all high and low risk underground
facilities within PROJECT area and protect or otherwise
provide for such facilities, all in accordance with STATE's
"Manual on High and Low Risk Underground Facilities within
Highway Right of Way." Costs of locating, identifying,
protecting or otherwise providing for such high and low risk
facilities shall be distributed and borne in the same manner
2
9715
District Agreement No. 12-194
County Agreement No. D94-058
as described in Section IV, Article (11). CITY hereby
acknowledges the receipt of STATE's "Manual on High and Low
Risk Underground Facilities within Highway Rights -of -Way" and
agrees to construct PROJECT in accordance with such Manual.
(3) To apply for necessary encroachment permits for required work
within State Highway Rights -of -Way, in accordance with STATE's
standard permit procedures.
(4) To apply for necessary encroachment permits for required work
within COUNTY Highway Rights -of -way.
(5) PROJECT will be advertised, awarded, and administered in
accordance with STATE's current Local Programs Manual, Volume
II. Approval of PROJECT funding shall be assured prior to
advertising.
(6) To construct PROJECT in accordance with plans and
specifications of CITY, to the satisfaction of and subject to
the approval of STATE.
(7) To pay an amount equal to 10.5% of the actual PROJECT
construction costs, as shown on Exhibit "A", but in no event
shall CITY's obligation for PROJECT costs under this
Agreement, excluding costs referred to in Section IV, Article
3
9715
District Agreement No. 12-194
County Agreement No. D94-058
(11), exceed the amount of $53,160, provided that CITY may, at
its sole discretion, in writing, authorize a greater amount.
{8) Upon completion of PROJECT and all work incidental thereto, to
furnish STATE with a detailed statement of the total
construction cost to be borne by STATE and to refund to STATE
(promptly after completion of CITY's audit) any amount of
STATE's deposit required in Section III, Article (2) remaining
after actual costs to be borne by STATE have been deducted, or
to bill STATE for any additional amount required to complete
STATE's financial obligation pursuant to this Agreement,
subject to the limitations of STATE's participation as
stipulated in said Section III, Article (2).
(9) Upon completion of PROJECT, to furnish STATE a complete set of
full-sized film positive reprcducible as -built plans.
(10) To reimburse STATE for CITY's proportionate share of the cost
of maintenance of said traffic control signal and safety
lighting, such share to be an amount equal to 25% of the total
maintenance costs, including electrical energy costs.
(11) To retain or cause to be retained for audit for STATE or other
government auditors for a period of three (3) years from date
of final payment, all records and accounts relating to
construction of the PROJECT.
4
9715
District Agreement No. 12-194
County Agreement No, D94-058
(12) To bill STATE within 94/95 fiscal year for which PROJECT is
programmed. otherwise, STATE's ability to pay may be delayed
until further allocations are made by legislature and
California Transportation Comnission.
SECTION II
CG TY -AGREES:
(1) To deposit with CITY within forty-five (45) days of receipt of
billing (which billing will be forwarded 15 days prior to
CITY's bid advertising date of a construction contract for
PROJECT) the amount of $48,359 which figure represents
COUNTY's estimated share of the expense of preliminary
engineering, construction engineering and construction costs
required to complete PROJECT, as shown on Exhibit A. COUNTY's
total obligation for PROJECT costs under this Agreement shall
not exceed the amount of $53,195, excluding costs referred to
in Section IV, Article 11 of this Agreement.
(2) COUNTY's share of the construction cost (estimated to be
$37,500) shall be an amount equal to 25% of the total actual
construction costs, as determined after completion of work and
upon final accounting of costs.
(3) COUNTY's share of the expense of preliminary engineering
(estimated to be $4,869) shall be an amount equal to 25% of
5
District Agreement No. 12-194 9715
County Agreement No. D94-058
CITY's actual costs for preliminary engineering for the entire
PROJECT.
(4) COUNTY Is share of the expense of construction engineering
(estimated to be $5,990) shall be an amount equal to 25t of
CITY's actual costs for construction engineering for the
entire PROJECT.
(5) To reimburse STATE for County's proportionate share of the
cost of maintenance of said traffic control signal and safety
lighting, such share to be an amount equal to 25% of the total
maintenance costs, including electrical energy costs.
(6) To issue, upon proper application by CITY and by CITY's
contractor, the necessary encroachment permits for required
work within the COUNTY highway right-of-way.
ETATE G •
(1) To deposit with CITY within 25 days of receipt of billing
therefor (which billing may be forwarded I5 days prior to
CITY's bid advertising date of a construction contract for
PROJECT), the amount of $96,750, which figure represents
STATE's estimated share of the construction cost required to
complete PROJECT, as shown on Exhibit "A". STATE's total
9715
District Agreement No. 12--194
County Agreement No. D94-058
obligation for said anticipated PROJECT costs under this
Agreement shall not exceed the amount of $106,425, excluding
costs referred to in section Iv, Article (11).
(2) STATE's share of the construction cost (estimated to be
$96,750) shall be an amount equal to 64.5% of the total actual
construction costs, as determined after the completion of work
and upon final accounting of costs.
(3) To maintain the entire traffic control signal and safety
lighting as installed and pay an amount equal to 50% of the
total maintenance costs, including electrical energy costs.
(4) To operate the traf fie control signal as installed and pay one
hundred percent (100%) of the operation cost.
(5) To issue, upon proper application by CITY and by CITY's
contractor, the necessary encroachment permits for required
work within the State Highway rights of way.
7
9715
District Agreement No. 12-194
County Agreement No. D94-058
SECTION IV
IT I,S_MUTUALLY AGREED AS FOLLOWS
(1) All obligations of STATE under the term of this Agreement are
subject to the appropriation of resources by the Legislature
and the allocation of resources by the California
Transportation Commission. Should CITY award a contract for
PROJECT prior to the allocation of resources by the California
Transportation Commission, there is no guarantee of STATE's
participation and CITY and COUNTY shall assume all risks
thereof.
(2) Should any portion of PROJECT be financed with Federal funds
or STATE gas tax funds, all applicable laws, regulations and
policies relating to the use of such funds shall apply,
notwithstanding other provisions of this Agreement.
(3) Construction by CITY of improvements referred to herein which
lie within STATE highway rights of way or affect STATE
facilities, shall not be conmenced until CITY's original
contract plans involving such work and plans for utility
relocation have been reviewed and approved by signature of
STATE's District Director of District 12, or his delegated
agent, and until an encroachment permit to CITY authorizing
such work has been issued by STATE. Receipt by CITY of CITY' s
8
9715
District Agreement No. 12-194
County Agreement No. D94-058
contract plans signed by STATE shall constitute STATE's
acceptance and official approval of said plans.
(4) CITY shall obtain the aforesaid encroachment permit through
the office of State 's District 12 Permit Engineer and that
CITY's application shall be accompanied by five (5) sets of
reproducible tracings of aforesaid. STATE approved contract
plans. Receipt thereafter by CITY of the approved
encroachment permit shall constitute CITY's authorization from
STATE to proceed with work which lies within STATE rights of
way or which affects STATE facilities, pursuant to work
covered by this Agreement. CITY's authorization to proceed
with said work shall, however, be contingent upon CITY's
compliance with all provisions set forth in this Agreement and
said encroachment permit.
(5) CITY's construction contractor shall also be required to
obtain an encroachment permit from STATE prior to commencing
any work which lies within STATE rights of way or which
affects STATE facilities. The application by CITY's
contractor for said encroachment permit shall be made through
the office of State's District 12 Permit Engineer and shall
include proof that said contractor has payment and performance
surety bonds covering construction cost.
9
District Agreement No. 12-194
9716
County Agreement No. D94-058
(5) CITY's construction contractor shall also be required to
obtain an encroachment permit from COUNTY prior to commencing
any work which lies within COUNTY rights of way or which
affects COUNTY facilities.
(7) CITY shall not advertise for bids to construct PROJECT until
after an encroachment permit has been issued to CITY by STATE
and COUNTY, nor shall CITY award a contract to construct
PROJECT until after receipt of STATE's deposit required in
Section III, Article (1).
(8) After opening of bids for construction of PROJECT, STATE's
estimate of cost will be revised based on actual bid prices.
STATE's required deposit under Section III, Article (1) above
will be increased or decreased to match said revised estimate.
If deposit increase or decrease is less than $1, 000, no refund
or demand for additional deposit will be made until final
accounting.
(9) After opening bids for the PROJECT and if bids indicate a cost
overrun of no more than 10% of the estimated will occur, CITY
may award the contract.
(10) If, upon opening of bids for PROJECT, it is found that the
lowest responsible bid exceeds the Engineer's Estimate by ten
r
9715
District Agreement No. 12-194
County Agreement No. D94-058
percent (10%), STATE, CITY and COUNTY shall consult upon a
course of action. If, after thirty (30) days, a course of
action is not agreed upon, this Agreement shall be deemed to
be terminated by mutual consent pursuant to Article (11) of
this Section IV.
(11) If termination of this Agreement is by mutual consent, prior
to any construction of project, STATE will pay zero percent
(0$) , CITY and COUNTY will each pay fifty percent (50%) of all
PROJECT -related costs incurred to date prior to termination
and pursuant to this Agreement. If mutual consent to
termination of this Agreement occurs during construction,
STATE will pay sixty four and half percent (64.5%) of the
construction cost (capital only) incurred to date prior to
termination, CITY and COUNTY will each pay fity percent (50%)
of the remaining cost, including all support costs incurred to
date prior to termination.
(12) If any existing public and or private utilities conflict with
PROJECT construction or violate STATE's encroachment policy,
CITY shall make all necessary arrangements with the owners of
such utilities for their protection, relocation or removal in
accordance with STATE policy and procedure for those utilities
located within the limits of work providing for the
improvements to the State Highway and in accordance with CITY
11
9'715
District Agreement No. 12-194
County Agreement No. D94-058
and COUNTY policy for those facilities located outside of the
limits of work for the State Highway. STATE will inspect the
protection, relocation or removal, which if there are costs of
such protection, relocation or removal, which STATE, CITY and
COUNTY must legally pay, STATE, CITY and COUNTY will share in
the cost of said protection, relocation or removal, plus cost
of engineering overhead and inspection, in the amount of 50%
STATE, 25% CITY and 25% COUNTY. If any protection,
relocation, or removal of utilities is required such work
shall be performed in accordance with STATE policy and
procedure. STATE, CITY and COUNTY will pay its share at the
time of final billing based on actual costs.
(13) Upon completion of all work under this Agreement, ownership
and title to all signal(s), materials, equipment and
appurtenances installed within STATE's right of way will
automatically be vested in STATE, and all signal (s), material,
equipment and appurtenances installed outside STATE's right of
way will automatically be vested in the CITY and COUNTY, and
no further Agreement will be necessary to transfer ownership
as hereinabove stated.
(14) Cost of any engineering or maintenance referred to herein
shall include all direct and indirect costs (functional and
administrative overhead assessment) attributable to such work,
12
9715
District Agreement No. 12-194
County Agreement No. D94-058
applied in accordance with STATE's standard accounting
procedures.
(15) Neither STATE nor any officer or employee thereof is
responsible for any damage or liability occurring by reasons
of anything done or omitted to be done by CITY and COUNTY
under or in connection with any work, authority or
jurisdiction delegated to CITY and COUNTY under this
Agreement. It is understood and agreed that, pursuant to
Government Code Section 895.4, CITY and COUNTY shall fully
defend, indemnify and save harmless the State of California,
all officers and employees from all claims, suits or actions
of every name, kind and description brought for or on account
of injury (as defined by Government Code Section 810.8)
occurring by reason of anything done or omitted to be done by
CITY and COUNTY under or in connection with any work,
authority or jurisdiction not delegated to CITY and COUNTY
under this Agreement.
(16) Neither CITY and COUNTY nor any officer or employee thereof is
responsible for any damage or liability occurring by reason of
anything done or omitted to be done by STATE under or in
connection with any work, authority or jurisdiction delegated
to STATE under this Agreement. It is understood and agreed
that, pursuant to Government Code Section 895.4, STATE shall
13
9115
District Agreement No. 12-194
County Agreement No. D94-058
fully defend, indemnify and save harmless CITY and COUNTY from
all claims, suits or actions of every name, kind and
description brought for or on account of injury (as defined by
Government Code Section 810.8) occurring by reason of anything
done or omitted to be done by STATE under or in connection
with any work, authority, or jurisdiction delegated to STATE
under this Agreement.
(17) In the construction of said work, CITY will furnish a
representative to perform the functions of a Resident
Engineer, and STATE may, at no cost to CITY and COUNTY furnish
a representative, if it so desires, and that said
representative and Resident Engineer will cooperate and
consult with each other, but the decisions of STATE's
representative shall prevail on work within STATE's right of
way.
14
9715
District Agreement No. 12-194
County Agreement No. D94-058
(18) Those portions of this Agreement pertaining to the
construction of PROJECT shall terminate upon completion and
acceptance of the PROJECT construction contract by CITY with
concurrence of STATE or on December 31, 1998, whichever is
earlier in time; however, the ownership, operations,
maintenance and liability clauses shall remain in effect until
terminated or modified in writing by mutual agreement.
Should any construction -related claim arising out of PROJECT
be asserted against CITY, STATE agrees to extend the
termination date of this Agreement and provide additional
funding as required to cover STATE's proportionate share of
costs or execute a subsequent Agreement to cover those
eventualities.
15
tl.) 9'715
District Agreement No. 12-194
County Agreement No. D94-058
STATE OF CALIFORPIIA
Department of Transportation
James W. Van Lobon Sels
Director of Transportation
By: s
Walt H. Hagen
Chief, Deputy District Director
APPROVED AS TO FORM AND PROCEDURE
t o ney
Departmiffit of Tran orta ion
AAI CERTIFIED AS TO FUNDS AND PROCEDURE
oe
FahK4 ,
rDistrict Accounting Administrator
16
CITY OF HUNTINGTON BEACH
B. . �t--
Mayor
Attest: 4U4;
City Clerk - p /fy
APPROVED AS TO FORM : ' - - , - -
tv Attorne-}'-untington Beac
COUNTY OF ORANGE
By. j n
Chairman of the
Board of Supervisors
Signed and certified that a copy
of this Agreement has been
delivered to the Chairman of the
Board
By .
hyllis A. Henderson
Jerk of the Board of
Supervisors OCT 18 1934
APPROVED AS TO FORM:
Terry C. Andrus, County Counsel
Orange County, California
By• pw"
• Deputy
9715
District Agreement No. 12-194
County Agreement No. D94-058
EXHIBIT A
QOST ESTIMATES
DESCRIPTION Total Cost, City Share County Share State Shire
Construction cost
Signals $ 110,000 $ 11,550 $ 27,500 $ 70,950
Roadwork 40-000 QQ _ 25,800
Subtotal $ 150,000 $ 15,750 $ 37,500 $ 961750
Engineering Cost -- signals
Prelim. Engr, (Non -Labor)
1.8% of Const. Cost $
10980
Prelim-Engr. (Labor only)
7.5% of Const. Cost
8,250
Prelim. Engr. (Overhead)
49% of 7.5% = 3.7%
of Const. Cost
4,042
Const. Engr. (Non -Labor)
3.6% of Const. Cost
3,960
Const. Engr. (Labor only)
8.3% of Const. Cost
9,130
Const. Engr. (Overhead)
49% of 8.3 = 4.1%
of Const. Cost
4,474
Subtotal $
31,836
gnaineering Cost - Roadwork
Prelim. Engr. @13t
Overhead Included $
5,200
Const. Engr. @ 16%
Overhead Included
6.400
subtotal$111600 $
21,600
Total (Incl. Engr. Cost
for Roadwork) $
193,436
Total Project Cost
including 10%
overrun $
212,780
Maximum obligation $ 212,780
17
$ 1,485 $ 495 $ 0
6,188 2,063 0
3,032 1,011 0
2,970 990 0
6,847 2,282 0
3,.255 1,118 0
$ 23,877 $ 7,959
$ 3,900
$ 1,300
0
A_J00
1_600
0
$ 6,700
$ 2,900
$ 48,327
$48,359
$96,750
$ 53,160
$53,195
$106,425
$ 53,160
$53,195
$106,425
9715
s
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28
RESOLUTION OF THE BOARD OF SUPERVISORS OF
ORANGE COUNTY, CALIFORNIA
October 18, 1994
On motion of Supervisor Riley, duly seconded and carried, the
following Resolution was adopted:
BE IT RESOLVED that this Board does hereby approve Agreement No.
k
I
94-058 with the City of Huntington Beach and the California Department
f
i
of Transportation for the modification of a traffic signal, including
roadwork, at Route 1 (Pacific Coast Highway) and Warner Avenue in the
i
Sunset Beach area.
i
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7
Resolution No. 94-1151
Agmt. 94-058.Calif. Dept.
Transp/Huntington Beach
CMD:imk
1
9'715
1
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7
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14 I`
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Chairman of the Boa d•of Supervisors
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD
A&
PHYLLIS A. HENDERSON,
Cler of the Board of Supervisors
County of Orange, California
AYES: SUPERVISORS THOMAS F. RILEY, ROGER R. STANTON, HARRIETT M.
WIEDER, GADDI H. VASQUEZ, WILLIAM G. STEINER
NOES: SUPERVISORS NONE
ABSENT: SUPERVISORS NONE
STATE OF CALIFORNIA
ss.
COUNTY OF ORANGE ?
I, PHYLLIS A. HENDERSON, Clerk of the Board of Supervisors of
Orange County, California, hereby certify that the above and foregoing
Resolution was duly and regularly adopted by the said Board at a
regular meeting thereof held on the 18th day of October, 1994, and
passed by a unanimous vote of said Board members.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
18th day of October, 1994.
P LLIS A. HENDERSON,
Clerk &f the Board of Supervisors
County of Orange, California
ti
J
from the desk of:
EVELYN SCHUBERT
Deputy City CIerk
City of Huntington Beach
P.O. Box 190
Huntington Beach, CA 92648
(714) 536-5405
Z11; �/� �I
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•
STATEMENT OF ACTION
OF THE
CITY COUNCUUREDEVELOPMENT AGENCY
Council Chamber, Civic Center
Huntington Beach, California
Tuesday, August 2, 1994
A videotape recording of this meeting
is on file in the City Clerk's Office.
Mayor Moulton -Patterson called the adjourned regular meetings of the City Council and the
Redevelopment Agency of the City of Huntington Beach to order at 6:30 p.m.
PRESENT: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan
ABSENT. None
iiri#rfrfi••#•rrriiii#ifiifiiiiiifi#1ii#airriiiiliri111airiiiriiaii#rifaaaiififiiiiiiraaaairiaaaari##aaa#ari#ri
(City Council) CONTINUED FROM 811194 - COOPERATIVE AGREEMENT BETWEEN STATE
OF CALIFORNIA & COUNTY OF ORANGE & CITY OF HUNTINGTON BEACH - APPROVED -
MODIFICATION OF TRAFFIC SIGNAL - INTERSECTION PACIFIC COAST HIGHWAYIWARNER
AVENUE (#12-194) & (1394-058) (600.20)
The City Administrator presented a communication regarding the modification of the traffic signal
at the intersection of Pacific Coast Highway and Warner Avenue.
A motion was made by Leipzig, seconded by Moulton -Patterson, to approve the Cooperative
Agreement between the State of California Department of Transportation, The County of Orange
and the City of Huntington Beach for the modification of the existing traffic signal at the
Intersection of Pacific Coast Highway (State Route 1) and Warner Avenue and authorize the
Director of Public Works to expend $53,160 during Fiscal Year'1994-1995 from Gas Tax Funds
for the City's share of costs for the modification per Exhibit A to the Cooperative Agreement. The
motion carried by the following roll call vote:
AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan
NOES: None
ABSENT: None
arrirari##iirirrirrriiirw##raaraaaaaaaaariaaaaaaraaaaaaaaraaaaaiaaaaaaaaraaaaaiaaaarrrairaaarirriaaaaiiiiiaria#
Mayor Moulton -Patterson adjourned the adjourned regular meetings of the City Council and the
Redevelopment Agency of the City of Huntington Beach.
ATTEST:
Isl Connie Brockway
City Clerk/Clerk
STATE OF CALIFORNIA )
County of Orange ) ss:
City of Huntington Beach )
Isl Connie Brockway
City Clerk and ex-officio Clerk of
the City Council of the City of
Huntington Beach, California
Is/ Linda Moulton -Patterson
Mayor
I, Connie Brockway, the duly elected City Clerk of the City of Huntington Beach, California, do
hereby certify that the above and foregoing is a true and correct Statement of Action of the City
Council of said City at their adjourned regular meeting held on the and day of August, 1994.
Witness my hand and sea! of the said City of Huntington Beach this the 24th day of
August, 1994.
ls/ Connie Brockwa rX
^City Clerk and ex-officio Clerk of
the City Council of the City of
Huntington Beach, California
B �I
Deputy City Clerk
The foregoing instrument is a correct
copy of the original on file in this office.
Attest a
C0klNIf RROCKWAY - -- -
City Clerk and Ex-oftic o llerk bt the City
Council of the City of Huntington Beach,
California.
�yo(. ,� ,.r .J 4,.Deputy
. CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
August 15, 1994
State of California
Department of Transportation
District 12
2501 Pullman Street
Santa Ana, CA 92705
Attention: Manzar Jalali, Associate Transportation Engineer
CALIFORNIA 92648
Subject: Cooperative Agreement - 12-0RA-01 29.89 12206-02790K
Route 1 (Pacific Coast Highway) at Warner Avenue
District Agreement No. 12-194 County Agreement No. D94-058
Enclosed are four agreements for the modification of the existing traffic
signals at the intersection of Pacific Coast Highway (State Route 1) and
Warner Avenue - District Agreement No. 12-194 - 12-ORA-01 29.89.
Please return one original agreement to the City Clerk's office in the
enclosed envelope for our records when fully executed.
Connie Brockway, CM.'
City Clerk
W ES
Enclosures
(Telephone. 714-5 36-5227)
'�qc ir Cop i
'k=
CITY OF HUNTINGTON BEACH
2000 MAIN STREET P. 0. Box 190
Louis F. Sandoval
Director
State of California
Department of Transportation
District 12
2501 Pullman Street
Santa Ana, CA 92705
Attention: T.H. Wane, Chief
Traffic Operations Section, South
CALIFORNIA 92648
Public Works Department
(714) 536-5431
Subject: Modifications to the Intersection of Pacific Coast Highway
at Warner Avenue
12-ORA-1, Post hfile 29.89
Dear Air. Wang:
October 24, 1993
Recently I received a telephone call from a member of your staff (their name escapes me at the mome. t)
regarding the modification of the existing traffic signal at the subject intersection. I was informed that
Caltrans was now interested in performirg the modification.
For the record, I mentioned to this person that I had been pursuing this modification for three years and
through three different Traffic Operations Chiefs (Jane Warren, David Cordova, and Gary Slater). A
meeting was held about a year and a half ago with C21trans, Orange County Environmental Management
Agency (Ignacio Ochoa, County Traffic Engineer), and m}self to discuss this project, costs, timing, etc.
It was agreed that the City of Huntington Beach would act as lead agency to procure and direct a
consulting engineering firm in the preparation of PS&E for this modification. After the meeting,
Caltrans was to prepare the cooperative agreement for the modification project.
I have called several times this year and the story I was told was the Caltrans did not have funds
available for this as it was not on the "Minor A" list. Recently I was told (verbally) that Caltrans was
interested in doing the project this year. As I have tried over and over again (without success) to get
some information out of District 12 about this project (as well as a cooperative agreement), I prepared
my new signal construction and modification program without considering this intersection for
modification this fiscal year. To date, I have not received a cooperative agreement for ratification by
the. City Council.
Page 2
12-ORA-1-29.89
PCH at Warner Avenue
Instersection Modifications
October 24, 1993
Please begin the process of preparing a cooperative agreement between the State and the City for this
project. At the moment I do not believe that sufficient budget exists to perform this modification this
fiscal year (the estimated project cost is S200,000 with the City's share being 25 i'o or 550,000). I
believe that this sum would not be a problem to obtain during the next fiscal year (FY 94-95). Please
give me a call -hen you receive this letter so that we may discuss project timing. I may be reached
at (714) 536-5523 during normal business hours. I would very much look forward to seeing this
intersection modification come to pass.
Sin ely
ames D. Otterson, P.E., P.L.S.
Traffic Engineer
V"
cc: Louis F. Sandoval, Director, Public Works Department
Robert Eichbla:t, City Engineer
Lt. Bruce Kelly, Bureau Commander, HBPD Aero{Traffic Enforcement Bureau
Transportation Commission
STATE OF CAUFORNIA—WVNESS AND TRANSPORZATIoN AGENCY
FETE MVIL50N, Go+�nas
DEPARTMENT OF TRANSPORTATION
DISTRICT 12
2501 PULLMAN STREET
SANTA ANA. CA 92705
August 28, 1992
Mr. Jams D. Otterson
City of Huntington Beach
P. 0. Box 190
Huntington Beach, CA 92648
Dear Mr. Otterson:
RECEIVED
TRAFFIC ENGINEERING
SEP - 91992
HUNTiNGTON BEACH, CA
.In reference to your letter of August 17,1992, regarding the proposed improvements at
Pacific Coast Highway and Warner Avenue, let me assure you that we are still interested in seeking
a joint project with you and the County of Orange.
I understand that you met with David Cordova and Bob Litton of my staff on Tuesday and
have come to a resolution on this matter. We will make the cooperative agreement and contribute
505o toward this project. The city will do the design and contract administration and contribute
25% of this project. The County will contribute 25 k, as well. In addition, we will be issuing an
encroachment permit at no cost to the city or its contractor. It is understood that this project will be
funded from the 1993/94 capital improvement program.
'L'4'e will be sending you an updated cost estimate and draft cooperative agreement shortly. If
you should have any questions about this please call David Cordova at (714) 724-2450.
Sincerely,
"JOSEPH HECKER
Deputy District Director
Office of Operations,
Maintenance & Permits
Ala. Z
107% � CITY OF HUNTINGTON BEACH
2000 MAIN STREET P. 0. SOX 190 CALIFORNIA 92648
Louis F. Sandoval Public Works Department
Director (714) 536-5431
California Department of Transportation
District 12
2501 Pullman Street
Santa Ana, CA 92705
Attention: Mr. Joe Hecker, Branch Chief
Traffic Operations Branch
Subject: Traffic Signal Modifications and Upgrades
Pacific Coast Highway at Warner Avenue
12-Ora-1-29.89
Dear Mr. Hecker:
August 17, 1992
On October 10, 1989, your predecessor, his. Jane Warren, wrote my predecessor about improving the
traffic signal installation at the subject intersection (please see attached letter). The cost estimate for
these improvements was $156,000.
On September 9, 1991, I wrote to his. Warren expressing the City's interest in these proposed
improvements (please see attached letter).
To date I have heard nothing from Caltrans about the timetable for improving this intersection. At
present I have sufficient funding in my Capital Improvement Projects budget to provide the requested
25 o share of project costs. This project is generating considerable public comment and concern. If
possible, please provide me with a written response (including proposed construction timetable and
updated construction cost estimate) by September 15, 1992. The City of Huntington Beach is most
interested in constructing the improvements mentioned in the October 10, 1989 letter.
After discussing this subject with Mr. Robert Litton (Area Transportation Engineer), I understand that
the project is not on the current list of funded projects. I also understand that the project must also be
designed. In an effort to expedite construction of the traffic signal improvements, I would like to offer
the City's services as Iead agency for design and construction contract administration. Recently the
Public Works Department has had a great deal of experience constructing or modifying traffic signals
on Beach Boulevard (State Route 39) and Pacific Coast Highway (State Route 1).
�yc-rExrr 10.3
Page 2
PCH at Warner Ave.
Traffic Signal Modifications
August 17, 1992
If the City of Huntington Beach is selected to be the lead agency on this project, it is anticipated that
a consulting engineering firm would be selected to prepare the appropriate traffic signal and street
improvement plans, specifications, and probable construction cost estimates. It is important to note that
the County of Orange is also obligated to a 25 % share in the project costs. Should you have any
questions regarding this subject, please contact me during normal business hours at (714) 536-5523.
I look forward to hearing from you.
Sin ely, nn
James D. Otterson, P.E., P.L.S.
Traffic Engineer
Attachments: October ld, 1989 Letter to Bruce Gilmer
September 9, 1991 Letter to Jane Warren
cc: Grace Winchell, Member, City Council
Susan Newman, Member, Planning Commission
Louis F. Sandoval, Director, Public Works Department
Robert Eiehblatt, City Engineer
Ignacio Ochoa, Traffic Engineer, Orange County Environmental Management
Agency
W 'Itp'w
/mot f=- Co"PY
CITY" OF HUNTINGTON BEACH
2000 MAIN STREET_ _ P. 0. BOX 190
Louis F. Sandoval
Director
State of California
Department of Transportation, District 12
2501 Pullman Street
Santa Ana, CA 92705
Attention: Ms. lane Warren
CALIFORNIA 92648
Public Works Department
(714) 536-5431
September 9, 1991
Subject: Pacific Coast Highway at Warner Avenue (12-ORA-01-29.890)
Dear Ms. Warren:
In response to your letter of October 10, 1989, the City of Huntington Beach is indeed interested in
modifying the operation and configuration of traffic signal at the subject intersection. After a review
of the proposed modification I would suggest the addition of presence detection at the northbound and
southbound crosswalks on Pacific Coast Highway, recognizing that this is an important intersection and
traffic signal timing should be optimized at all times. Presence detection at the crosswalks on Pacific
Coast Highway would likely help certain types of timing problems. The proposed traffic signal phasing
is acceptable to the City.
As the response to your previous letter is less than timely a revised construction cost estimate and
construction timetable are in order. The City of Huntington Beach (or an adjacent landowner) will
contribute 25 o to the cost of improving this intersection. Should you have any questions regarding this
subject please call me at (714) 536-5523 during normal business hours. I look forward to working with
you on this project.
Sincerely,
,,,�L 61 e2
r_11—
James D. Otterson, P.E., P.L.S.
Traffic Engineer
cI: Louis F. Sandoval, Director, Public Works Department
Robert Eichblatt, City Engineer
Pat Dapkns, Administration
Transportation Commission
SIATE 14 JCLIFORNIA-8ZINESS AND 7RANSPOI Wr ON AGENCY
V GEORGE CEVIUr.EVAN, Governor
t)EP MilMENT OF__TRANSPORTATION
2501 )--g- .TAN STREET
F ANTA ANA_ CA 92705
Cctober 10, 1989
Mr. Bruce Gilmer
Traffic Engineer
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Dear Mr. Gilmer:
12-ORA-01-29.890
Pacific Coast
Highway at Warner
Av enu e
Enclosed is a plan for improving the intersection of Pacific coast
Highway at Warner Avenue.
The lack of left turn phasing prompting complaints from motorists
raking left turns to Southbound Pacific Coast Highway from
Westbound Warner Avenue, and demands for a crosswalk across the
north leg of Pacific Coact Highway are the reasona for modifying
the traffic signal, restriping, and minor construction at this
intersection. The cost estimate for the improvement is $156,000.
With this letter we are requesting your cost participation in this
irprovement project in the amount of 251. we would appreciate your
review and comments on the enclosed plan and we look forward to
your favorable answer. If you have any questions regarding this
project, please call Mr. Robert Litton of my staff at (714) 724-
2371.
Sincerely,
,c c_e, \�
hNE P. WARREN, CHIEF
Traffic operations Branch
BL: amb
a
�rrAcHr9F�✓r A6. S
EO*d %'CIO:E T661 '6T Nflf SA110N 0i-E0k+:01 30"31NIM ZIC:W08A
V
STATE OF CALIFORNIA—BUSINESS AND TRANSPORTATION AGENCY PETE WILSON, Governor
DEPARTMENT OF TRANSPORTATION
DISTRICT 12 `
2501 PULLMAN STREET R E C E I V E D
SANTA ANA, CA 92705 TRAFF110 FiNGIMERING
May 24, 1994
Mr. Jim Otterson
Traffic Engineering
City of Huntington Beach
2000 Main Street
Huntington Beach , CA 92648
Dear : Mr, Otterson:
Subject: Proposed Agreement for Execution
J UN 1 01994
piTINCTON BEACH, CA
12-ORA-01 P.M. 29.89
PCH at Warner Ave.
12206-02790K
District Agreement No.
12-194
Enclosed are four (4) originals of Cooperative Agreement No.
12-194 between STATE, City of Huntington Beach and County of Orange
for the above referenced project.
The agreement has been approved as to form and all four
originals signed by the County Counsel.
Please have all (4) originals of the enclosed Agreement signed
by the appropriate City officials and return them to us together
with four (4) certified copies of a minute excerpts adopted by City
of Huntington Beach approving the agreement and authorizing its
execution.
After signature by the appropriate County and STATE officials,
you will be furnished a fully executed copy of the Agreement for
your files. Should you have any questions, please call Manzar
Jalali at (714) 724-2494.
i ereVnares,
Ton EnChief
Project Development
Enclosures
cc: Lance Hinek
Clarence Ohara
Manzar Jalali
Cooperative Agreement files
Accounting
Resource Management
4 1177Wce,149-1r ,. !a
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4
28
RESOLUTION OF THE BOARD OF SUPERVISORS OF
ORANGE COUNTY, CALIFORNIA
October 18, 1994
On motion of Supervisor Riley, duly seconded and carried, the
following Resolution was adopted:
BE IT RESOLVED that this Board does hereby approve Agreement No.
94-058 with the City of Huntington Beach and the California Department
of Transportation for the modification of a traffic signal, including
roadwork, at Route 1 (Pacific Coast Highway) and Warner Avenue in the
Sunset Beach area.
Resolution No. 94-1151
Agmt. 94-058.Calif. Dept.
Transp/Huntington Beach
CMD:imk 1
1
2
3
4
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LL
C r r
Chairman of the Boa d•of Supervisors
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD
PHYLLIS A. HENDERSON,
Cler of the Board of Supervisors
County of Orange, California
AYES: SUPERVISORS THOMAS F. RILEY, ROGER R. STANTON, HARRIETT M.
WIEDER, GADDI H. VASQUEZ, WILLIAM G. STEINER
NOES: SUPERVISORS NONE
ABSENT: SUPERVISORS NONE
STATE OF CALIFORNIA ]
) ss.
COUNTY OF ORANGE ]
I, PHYLLIS A. HENDERSON, Clerk of the Board of Supervisors of
Orange County, California, hereby certify that the above and foregoing
Resolution was duly and regularly adopted by the said Board at a
regular meeting thereof held on the 18th day of October, 1994, and
passed by a unanimous vote of said Board members.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
18th day of October, 1994.
P YLLIS A. HENDERSON,
Clerk &f the Board of Supervisors
County of Orange, California
STATE OF CAUFORNIA—BUSINESS AND TRANSPpiCTATION AGENCY PETf WILSON, Governor
DEPARTMENT OF TRANSPORTATION
DISTRICT 12
2501 PULLMAN STREET
SANTA ANA, CA 92705
December 30, 1994
Mrs. Connie Brockway
City Clerk
City of Huntington Beach
2000 Main Street
Huntington Beach , CA 92648
Dear : Mrs. Brockway :
Subject: Executed Cooperative Agreement
12-ORA-01 P.M. 29.89
PCH at Warner Ave.
12220-027901
District Agreement No.
12 -194
Attached for the City of Huntington Beach's files is a fully
executed copy of the Cooperative Agreement No. 12-194 between the
State of California ,County of Orange and the City of Huntington
Beach, for the above referenced project.
We thank you for your cooperation in the processing of this
Agreement. If you have any questions, please call me at (714) 724-
2629 or Manzar Jalali at (714) 724-2494.
rncSrel
Encinares 7 2Kn
Branch Chief
Design Branch A ca
n
t.l>
Enclosures