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REGINALD GENERAL CONTRACTOR COMPANY - 1993-11-15
DOC # 94-0699809 WHEN RECORDED MAIL TO: 06--DEC-1994 p$:i8 AM CITY OF HUNTiNGTON BEACH Office of the City Clerk Recorded in Official Record: P. O.Box 190 of Orange County, California Huntington Beach, CA 92648 Lee A. Branch, County Recorder Page 1 of 1 Fees: $ 0.00 Tax: # 0.00 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee,2000 Main Street, Huntington Beach, CA 92648,that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to REGINALD GENERAL CONTRACTOR COMPANY who was the company thereon for doing the following work to-wit: TRAFFIC SIGNAL INSTALLATION AT YORKTOWN AVENUE AND LAKE STREET; CC-878 INTEREST: Easement That said work was completed November 21,1994, by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at an adjourned regular meeting thereof held on Monday,November 21,1994. ip That upon said contract Titan Indemnity Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach,as contemplated under — Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California,this 23rd day of November,1994. City Clerk and ex-offici Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY,the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach,California do hereby certify under penalty of perjury,that the foregoing NOTICE OF COMPLETION is true and correct,and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California,this 23rd day of November,1994. City Clerk and ex-officio Cler of the City Council of the City of Huntington Beach, California g:CCV1SCP1gs CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNnNGTON BEACH To THOSE LISTED HEREON From ADMINISTRATIVE SERVICES Accounting & Records Subject 10% RETENTION PAYMENT Date CC �'� TK 1 . ` The conformed copy of the Notice of Completion for the above contract has been filed. The thirty—five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the 10% retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. DAN T. VIL ELLA Director of Finance I certify that no stop notices are on file on the subject contract at this time. Date:l2k=/_1t C2M— ' LOU F. SANDOVAL Public Works Director I certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. Date: CONNIE BROCKWAY City Clerk I certify that there are no outstanding invoices on file." Date: / DONALD WATSON City Treasurer OS74J CON FORMf D COPY Not C©mpred with Ofiginal THE OFIDINAL OF THIS DOCUMENT WHEN RECORDED MAIL TO: UAS REIAWDED ON 06-DEC-1994, CITY OF HUNTINGTON BEACH DOCUMENT NUMBER 94-0699809. Office of the City Clerk LEE A. PRANCH. CGUNTt RECORDER P. O. Box 190 ORANGE CuilidT'I ACCC DEit'S Dr r ICE Huntington Beach,CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee,2000 Main Street, Huntington Beach, CA 92648,that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to REGINALD GENERAL CONTRACTOR COMPANY who was the company thereon for doing the following work to-wit: TRAFFIC SIGNAL INSTALLATION AT YORKTOWN AVENUE AND LAKE STREET;CC-878 INTEREST: Easement That said work was completed November 21,1994, by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at an adjourned regular meeting thereof held on Monday,November 21,1994. That upon said contract Titan Indemnity Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach,as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California,this 23rd day of November,1994. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach,California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) 1, CONNIE BROCKWAY,the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury,that the foregoing NOTICE OF COMPLETION is true and correct,and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California,this 23rd day of November,1994. 41��' City Clerk and ex-officio Cler of the City Council of the City of Huntington Beach,California g:CCV1SCp1gs 4 I have received MaintPn^nt-p Rona for Traffic Si2nal Tnst^llatinn at Xorytowal A*saae & 16ake—Streeat; ee-6778 on behalf of the Treasurer's Office. Dated By: Reginald General Contractor Company 7941 Galway Court Riverside, CA •90503 .-r, u,N (q, •T,v,011 i' „��11 (((/ .,01 (U .T„,D01 ((( 4'j (((f \}„�i�� ((((N �i�' aal�l ((((I z"t7! n,\'11� ((((Ni �.xaP\lll (((/I!q". � „aa,�il (((6 r,,.�` f .eP\11l (((ri sPiTi ((Gi - xo0\Pl c Gio... • ...,x�\ lilt«.. ., r .�.r,....,,,� ,trot, ..w...,,��„ o,,, ri. lrrr o - /o„ { TITAN INDEMNITY COMPANY San Antonio, Texas MAINTENANCE BOND 101805 Bond No. .....................................•---------------- KNOW ALL MEN BY THESE PRESENTS,That we,(rrrHl,,.=5 Re inal d 0. -R.e. inald.General. . - £ \ai a` Engineering Contractor----(hereinafter called the"Principal")as Principal and TITAN INDEMNITY COMPANY, of the City of San Antonio,Texas,a company duly organized under the laws of the State of Texas,and duly licensed to transact business in the State of --- C a-1 i f O i rn a ............................... (hereinafter called the"Surety"),as Surety of Huntin ton Beach1' a"��yJJJ) `. are held and firm) bound unto .................................ng.-.-..-.--.-...---.-..--..----.........................................................................-.... y 1 �= (hereinafter called the"obligee"'),in the sum ofF.ortySixFiveHundredE_1even- (g46--,-5-1-1-.•00----,-.-.) for the payment of which are well and truly to be made,we,the said Principal and the said Surety, bind ourselves,our heirs, executors,administrators,successors and assigns,jointly and severally,firmly by these presents. y SIGNED and sealed this.l.S.t... ----- .-•day of P_e.c.e.m.b,e.r.....................- 19 94--• "`�a", „• ... � THE CONDITION OF THIS OBLIGATION is such,that = y- WHEREAS,the said Principal has heretofore entered into a contract with said Obligee dated '°yrr,�� .-...NQVember 21.. 19.94--,for Cash Cont-ract•-8.78''Installation •of .... �!rHr• ` traffic signal at the intersection of Yorktown Ave & Lake Street . WHEREAS,the Obligee has requested that said work be guaranteed against failure because of defective workmanship or material, J) performed or furnished by said principal for a period of...0.Y1.e....... yearsfrom date of completion and acceptance,normal wear \� Uril/,,,,_•. and tear expected. _ NOWTHEREFORE,if thesaid Principal shall indemnify and save harmless the Obligee against loss or damages occasioned directly Rrrvrs by the failure of said materials or workmanship,then this obligation to be void,otherwise to remain in full force and effect.It is ',,,"�� understood,however,that this bond shall not include loss or damage by failure of workmanship or materials due to hurricane, g , cyclone, tornado, earthquake, volcanic eruption or any similar disturbance of nature, nor military,.naval or usurped power, insurrection,riot or civil commotion,nor any act of God. It is further understood and agreed that the total liability of the Surety under this bond shall in no event exceed the sum of F.ortySixThousandFiveHundre.dEleven-. . . . . . --. Dollars. ---- „\�l . .......... ....................... .............•.......-- ... -- ---- ..- No right of action shall accrue upon or by reason of this obligation,to or for the use or benefit of any person,firm or corporation, other than the Obligee herein named. Reginald 0. Agunwah D/,B/A ;�� z Reginald-,General Engineering g Contractor ........ .........................................................g...-----------.......------------- _ INDEMNITY COMPANY � Principal tr��.y�-ih�SiLy� `.•C_ yr�jc i By: BY' ' a• e • Regina cT 0 G ...--• •..-r -..-.. ..----••----....- a- � - ---•-==r-- =--•• "� A iIIF ,Proprietor Blake F.., C ,iste-ram, Attorney-in-fact G ATTORNEY 'I NEY = • y �-- TIC-MB A ✓ I '` "C' Deputy City Attu ' 1 �gco,, 4 uM ,yu '",� u,W %r N4"" r,yy m�W`"` / '`�w' ",1 r.ry ''Rxr,,. •'•�lyl hW^ nlyi�, ,`N",.. "yill„ „a,„.. ..,9IIJ ,�N•ro• "�/i1 �a ' "'�yJ l 1:�a yJU) YV• f,.y"v'yJJ)J � �.�� � Y� ��f.,1 y� lW I.;E � {k�.%��1 l4t! t.;�,��•� l�"�..,{ 1� yJ) ll�'� 1:`� �;' lei `-i,,\.��>) �k `.:'� J� lW �,:.1 JJJ W t�,4 JJ) l�N��1'.� y) -eitan Indemnity Company 101805 • San Antonio, Texas GENERAL PowER of ATI'oRNEY CONTRACT AMP $46 ,511 .00 BOND AMT: $46 ,511 .00 BOND No.: 101805 Know all men by these Presents,that TITAN INDEMNITY COMPANY has made,constituted and appointed,and by these presents does make, constitute and appoint Blake A. Pfister Its true and lawful Attorney-In-Fact,for it and in its name,place and stead to execute on behalf of the said Company,as surety,bonds,undertakings,contracts of suretyship,and other documents of a similar character issued in the course of its business,and to bind the Company thereby,provided that no bond or undertaking or contract of suretyship executed under their authority shall exceed In the amount the sum of Five Hundred Thousand and 00/100 Dollars ($500,000) This Power of Attorney is granted and is signed and sealed by the authority of the following Resolution adopted by the Board of Directors of TITAN INDEMNITY COMPANY on the 15th day of January,1993. Resolved:That Mark E.Watson,Jr.,President,Mark E.Watson,III,Secretary,Michael J.Sodayle,Treasurer,Bob L Sibley,Executive Vice President and Gee Holt,Vice President of surety operations,or any of them,shah have the power to appoint Attonneys-In-Fad as the business of the Corporation may re Ire or to authorize any persons to execute on behafi of the Corporation any bonds,undetakinga,rsooprdzancee,stipulations,policies.contracts,agreements,deeds and release and assigreent of judgments,decrees.mortgages and instruments in the nature of mortgages and also all other Instruments and documents which the business of the Corporation may require and to affix the a"of the corporation thereto. Resolved Further.That the Company seal and the sombre of any of the aforesaid officers may be affixed by taoaknfle to any power of attorney certificate of either given for the executwn of any bond,undertaking,contract or surs"hip.or other written obligation in the nature thereof,such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same torts and effect as though manually affixed. In Witness Whereof,TITAN INDEMNITY COMPANY has caused Its official seal to be hereunto affixed,and these presents to be signed by one of its Vice Presidents and attested by its Secretary this 15th day of January,1993. TITAN INDEMNITY COMPANY Attest. By: Mark E.Watson,III,Secretary Bob L.Sibley,Executive Vice President The State of Texas County of Boxer On this 28th day of May.1993 before me personally came Bob L.Sibley,to me known,who being by me duly sworn,did depose and say that he is the Executive Vice President of TITAN INDEMNITY COMPANY,the corporation described In and which executed the above Instrument;that he knows the seal of the said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. Jill Bumgardner,Notary Public Certificate I,the undersigned,the Treasurer of TITAN INDEMNITY COMPANY,a Texas Corporation,DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney,is now in force. Signed and sealed in the City of San Antonio,in the State of Texas. Dated the 3 r d day of J a nut-r y 1994 Mmhael J.Bad&*,Treasurer (TIC-GPOA 052493) Request for City Council Action November 21, 1994 Submitted to : Honorable Mayor and City Council Submitted by: �Michael T. Uberuaga, City Administrato L,�_ Prepared by: May Silver, Assistant City Administrator/Acting Director of Public Works Subject: Traffic Signal Installation at Yorktown Avenue and Lake Street; CC-878 NOTICE OF COMPLETION Consistent with Council Policy? [X] Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions, Attachments: STATEMENT OF ISSUE: Reginald General Contractor Company has completed the Traffic Signal Installation project; Cash Contract 878. RECOMMENDED ACTION: 1. Accept the improvements of Cash Contract 878, Traffic Signal Installation at Yorktown Avenue and Lake Street. 2. Approve the total project cost of$74,936.87. ANALYSIS: On November 15, 1993, the City Council awarded a contract to Reginald General Contractor Company, for the Traffic Signal Installation at Yorktown Avenue and Lake Street, Cash Contract 878. Reginald General Contractor Company has since completed the project and has fulfilled its obligation to the City per said contract. The following is a summary of contract costs: Council Approved Actual Expenditures Contract Amount: $46,511.00 $46,511.00 Construction Change Orders: 12,151.00 9,587.87 Supplemental Expenses: 18 838.00 18 838.00 Total: $77,500.00 $74,936.87 t— _� As the Cost Summary indicates, a savings of$2,563.13 occurred as a result of the actual expenditures being nearly 3.3% less than estimated. ENVIRONMENTAL STATUS: N/A FUNDING SOURCE: Sufficient City Gas Tax funds were budgeted and available in account ESF-PW-984-6-43-00 for this project. ALTERNATIVE ACTIONS: N/A ATTACHMENTS: MTU/RS/JDO/TAE/ta ,�� City of Huntington Beach Department of Public Works P.O. Box 190 Huntington Beach, California 92648 Attention: Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on GC." $1 FS �RItF�L �IC�IJAL, n brikLA ari h4�-, I L.AX—%-TRrzr_-"T Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor perform- ing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions , and that the work performed by each such laborer, mechanic , apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. Signature and Title QW DECLARATION OF SATISFACTION OF CLAIMS I , ReG(Np,_p Get4eg^, C—N4�tN&EP_ttW4 , state: -Name of Contractor 1 . I am the general contractor for the City of Huntington Beach, as to the project more fully described in the _ public works contract entitled INS - iRftF>ic S<'O"RL ` Ckk003 (bvcc and dated MA-f Iq�L4 2 . All workers and persons employed, all firms supplying materials, and all subcontractors for the above-mentioned project have been paid in full . 3 . The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes o' the State of California: ( if none, state "NONE" ) I declare under penalty of perjury that the foregoing is true and correct. Executed at RviC:P-S it)G on this oq day of �er 1 tin 0C___ I 19 q4 Signa a of Contractor ) REQUEST FOR CITY COUNCIL ACTION Date: August 1, 1994 Submitted to: Honorable Mayor and City Council APPROVED BY CITY COUNCM Submitted by: Michael T. Uberuaga,City Administrator 1 .� � 19.T.L�D�� Prepared by: Ray Silver,Assistant City Administrator Crry cR_ Subject: Traffic Signal Installation at Yorktown Avenue and Lake Street; CC-878 Consistent with Council Policy? [X]Yes [ ] New Policy or Exception Statement of Issue,Re ommendation,Analysis,Funding Source,Alternative Actions,Attachments: /� �/�i LaL 4.Ql /��xx STATEMENT OF ISSUE: During the course of construction for the traffic signal installation at Yorktown Avenue and Lake Street (Cash Contract No. 878), it has been found that the roadway structural section back-fill in Yorktown Avenue had large chunks of concrete mixed with gravel. RECOMMENDED COUNCIL ACTION: Authorize an increase of$7,500.00 to the approved project budget and the change order limit for the Traffic Signal Installation at Yorktown Avenue and Lake Street; CC-878. ANALYSIS: City Council awarded a contract to Reginald General Contractor Company on November 15, 1993, in the amount of $46,511.00. In addition to the contract amount, Council also approved an allowance of$4,651.00 for Change Orders. The work includes the installation of a traffic signal at Yorktown Avenue and Lake Street. During the course of the construction work on the traffic signal at Yorktown Avenue and Lake Street, an unforeseen issue arose. The contractor, Reginald General Contractor Company, ran into large chunks of concrete as he was boring a conduit across Yorktown Avenue. The City of Huntington Beach's Standard Special Provisions for the Construction of Traffic Signals and Street Lights states that the, `(Conduit shall be installed using drilling or jacking methods, except in the following situations, ... Conduit may be installed via manual trenching methods in an existing paved street if jacking or drilling methods have been tried three times and subsurface conditions have prevented the successful installation of conduit." August 1, 1994 RCA for CC-878 Page 2 The contractor tried three times to jack the conduit across Yorktown Avenue with no success. It was determined that the contractor should install the conduit with an open trench. During the course of trenching the roadway, it was discovered that the roadway structural section back-fill was filled with chunks of concrete. The contractor provided staff with a cost for the open trench work. Staff has reviewed the cost and feels that it is fair and equitable. Because the contractor had to install the conduit with the open trench method, it was unforeseen that the concrete for the crossgutter in front of Pacific Ranch had to be replaced. The contractor has not replaced the concrete yet. CHANGE ORDER BREAKDOWN CHANGE ORDER NO. DESCRIPTION COST 1 Intercept conduit,install pullbox, new street lighting $2,067 conductors, additional pre-empt cable 2 Removal of of a portion of concrete crossgutter 1,877 3 Removal of manmade object in open trench 5,644 contingency for possible additional Change Orders 2,563 $12,151 Less Original Change Order Allowance 4,651 Requested Additional Change Order Monies $7,500 PROJECT RE-CAP TO DATE Original Contract Amount $46,511 Change Orders(Approved) 4,651 City Purchased Equipment(Approved) 18.838 Original Project Fund Total $70,000 Requested Funds 7,500 New Project Fund Total $77,500 August 1, 1994 RCA for CC-878 Page 3 FUNDING SOURCE: Sufficient unencumbered City Gas Tax Funds from current year budget are available in Account Number E-SF-PW- 984-643-00. ENVIRONMENTAL STATUS: These improvements is categorically exempt per the California Environmental Quality Act, Section 15061(b)(3), General Rule Exemption approved for the project. ALTERNATIVE ACTIONS: Deny the request. ATTACHMENTS: None MTU:RS:TAE:tae /� 41Q 878RCACO.DOC CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK March 11, 1994 Reginald General Contractor Company 7941 Galway Court Riverside,CA 90503 Re: Traffic Signal Installation at Yorktown Avenue at Lake Street-CC-878 Dear Sir: Enclosed is a copy of the executed contract with the City of Huntington Beach,a Declaration of Satisfaction of Claims and a Certificate of Compliance form. The Declaration of Satisfaction of Claims and the Certificate of Compliance form must be returned to this office after the prpject is completed but prior to the release of retention funds. In addition,the following item must also be on file,with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one year warranty,then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds,please call Randy Huttenberger,Engineer Technician, 536-5242. Sinc 11 • - _....- Connie Brockway, CMC City Clerk CB:cc Enclosure: Cash Contract Declaration of Satisfaction of Claims Certificate of Compliance clerk\cntltr\cc (Telephone:714536-5227 I have received the Faithful Performance' Bond and the Labor and Materials bond for traffic signal installation at Yorktown Avenue at Lakes Strout CC-878 on behalf of the Treasurer's Office. Dated - By• Reginald General Contractor Company 7941 Galway Court Riverside, CA 90503 IR Ifrfh. ,sPilil M / ails ea Nill� ea1�l aRf� '^mY ,.aWlll n. s,P \ ,aeal�l TITAN INDEMNITY COMPANY "l San Antonio,Texas PERFORMANCE BOND Approved by The American Institute of Architects �ll� A I.A Document No A-311 (February 1970 Edition) BOND NUMBER 101B 0.5.............................. .................... KNOW ALL MEN BY THESE PRESENTS: yilJ) rr, That ....Reginald....0....Agunwah. VIVA.• Reginald General Engineering ,ea iAl Contractor .---------- Contractor and TITAN INDEMNITY COMPANY,a corporation organized and existingunderthelawsof the State y Cit of Huntin ton.__Beach. •rr,,,,," of Texas,as Surety,hereinafter called Surety,are held and firmly bound unto ......ty.................................�.._._... yylJ� .. .... ...................... ................................................................ Wd W as Obligee,hereinafter called Owner,in the amount of Fgrty-Six Thousand.._Five___Hundred and ffrrH,,fi Eleven-------------------------------------Dollars(s46.,511...Q.O........-- -), ' y, �Ji>r for the payment whereof Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns, jointly and severally,firmly by these presents WHEREAS,Contractor has by written agreement dated.................... ..... 19._.......,entered into a contract with Owner for in accordance with drawings and specifications prepared by lNm irsen full lama We wW ldicirm) i ................. .............. .which contract is by reference made a part hereof,and is hereinafter referred to as the Contract NOW, THEREFORE,THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully {N", perform said Contract,then this obligation shall be null and void;otherwise it shall remain in full force and effect. ' The Surety hereby waives notice of any alteration or extension of time made by the Owner. rtrM„ Whenever Contractor shall be,and declared by Owner to be in default under the Contract,the Owner having performed Owner'sJ�j obligations thereunder,the Surety may promptly remedy the default,or shall promptly _ (1) Complete the Contract in accordance with its terms and conditions,or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions,and upon determination by Surety of the lowest responsible bidder,or,if the Owner elects,upon determination by the Owner and the Suretyjointly of the Lw lowest responsible bidder,arrange for a contract between such bidder and Owner,and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged frr„ under this paragraph)sufficient funds to pay the cost of completion less the balance of the contract price;but not exceeding, including other costs and damages for which the Surety may be liable hereunder,the amount set forth in the first paragraph », �." hereof.The term"balance of the contract price,"as used in this paragraph,shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto,less the amount properly paid by Owner to Contractor Any suit under this bond must be instituted before the expiration of two(2)years from the date on which final payment under they Contract falls due. y No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs,executors,administrators or successors of the Owner Signed and sealed this _3rd......_ ..... y January 94 In the presence of Reginald 0. Agunwah__ D/B/A Reginald General Engineer g ontractor ._... . -..... .. ....--"......... By . ... (Seal) (Witness) begin 4 Agu'ri ah------- „Principal APPROVED AS TO FORIISI JaT AN INDE COMPANY GAIL HUTTON C I TY--ATTORNEY. By .... �. . . _...... . .. . (Seal), (Vllitness) g Blake A. P sterr Attorney-in-Fa r6r By(1 �a11'1� " P y C�ty Attorn�e TIC-Pe-2 ])9 ll t y �� yq„„, �"po � ♦ �� +" M�` �"W ry'W u"" ,- Ny� �?N�' ���FiyJ� "'AY)J��I,NI� •y. F y� yl*+ 'IFS' F 3 , F j i F' (rr„ svh (Ina,,,. ,3'',aAA Rhaa,.� '�•.�� ffYrar,,�+ �sa+► (Ataa,� ,•��id Hkwa, wmd� •.,rid � S ,„aaVl>1 I�r„e`t' Ifrf'M,� ��a'1� fly ' s�,,, �y TITAN INDEMNITY COMPANY ,,1, San Antonio,Texas LABOR AND MATERIAL PAYMENT BOND "�l Approved by The American Institute of Architects A.I A.Document No.A-311 (February 1970 Edition) rrrk,,,t BOND NUMBER 101805 ............... ....... .. ..... KNOW ALL MEN BY THESE PRESENTS: ' - That...ReginAld...O-.....Agunwah D/B/A Reginald General Engineering ..---•----•-------- ---- .... .......-------- - °' Contractor as Principal, ............................... ...... ............ ....... ..................... . ....... ............... hereinafter called Principal,and TITAN INDEMNITY COMPANY,a corporation organized andexisting underthe lawsof theState of Texas,as Surety,hereinafter called Surety,are held and firmly bound unto ... Q ty-...of...Hunt 1 ngtOTl.._BgaCh L "z as Obligee,hereinafter called Owner,for the use and benefit of claimants as hereinbelow defined,in the amount of FQr t.t.— .s.i-x....Thous_and.._.E.i,ve....Hundred....El.eYe.n............ ..................... Dollars($46.r_511.•.QQ...........), for the payment whereof Principal and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly ► �� Krrei and severally,firmly by these presents WHEREAS,Principal has by written agreement dated 19 ,entered into a contract with Owner for in accordance with drawings and specifications prepared by ....... ........ ............................................ ................................. ........ pine inan NO norm,ude and address) •� ................................................................................................... ... ........... ..................... which contract is by reference made a part _ hereof,and is hereinafter referred to as the Contract f+i NOW,THEREFORE,THE CONDITION OFTHIS OBLIGATION issuchthatif the Principal shall promptly make payment to all claimants as hereinafter defined,for all labor and material used or reasonably required for use in the performance of the Contract, �= then this obligation shall be void otherwise it shall remain in full force and effect,subject,however,to the following conditions. (1) A claimant is defined as one having a direct contract with the Principal or with a sub-contractor of the Principal for labor, , material,or both,used or reasonably required for use in the performance of the contract,labor and material being construed •,• to include that part of water,gas, power, light, heat, oil, gasoline,telephone service or rental of equipment directly " y applicable to the Contract. (2) The above-named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined,who has not been paid in full before the expiration of a period of ninety(90)days after the date on which the last of such claimant's work or labor was done or performed,or materials were furnished by such claimant,may sue on this bond for the use of such claimant,prosecute the suit to final judgment for such sum or sums as may be justly due claimant,and have execution thereon.The Owner shall not be liable for the payment of any costs or expenses of any such suit (3) No suit or action shall be commenced hereunder by claimant, (a) Unless claimant,other than one having a direct contract with the Principal,shall have given written notice to any two of ,,,, w the following.The Principal,the Owner,or the Surety above named,within ninety(90)days afer such claimant did or performed the last of the work or labor,or funished the last of the materials for which said claim is made,stating with ' substantial accuracy the amount claimed and the name of the parry to whom the materials were furnished,or for whom = the work or labor was done or performed Such notice shall be served by mailing the same by registered mail or certified mail,postage prepaid, in an envelope addressed to the Principal,Owner or Surety,at any place where an office is , regularly maintained for the transaction of business,or served in any manner in which legal process may be served in the state in which the aforesaid project is located,save that such service need not be made by a public officer. (b) After the expiration of one(1)year following the date on which Principal ceased work on said Contract, it being t understood,however,that if any limitation embodied in this bond is prohibited by any law controlling the construction ` hereof such limitation shall be deemed to be amended so asto be equal tothe minimum period of limitation permitted by such law. (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in i which the project,or any part thereof,is situated,or in the United States District Court for the district in which the project,or any part thereof,is situated,and not elsewhere (4) The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, «, inclusive of the payment by Surety of mechanics'hens which may be filed of record against said improvement,whether or not claim for the amount of such lien be presented under and against this bond ,a = Signed and sealed this ..3_rd day of.. January 94 -•--------------------•. ... .. ... 19... 'nald .0...Agunw.ah__A/B/,A..R.eg�,na.1d..General ' APPROVED AS TO Engineering Cont toj .................................. By -- .. __ •-- (Seal) -AT)TTflN__ . ..- _-- n„ (W Reginald Agunwah Principal CITY ATTO NEY COMPANY 9TA IN E QIITY Attorney-in-fact rra„ rilZt �'. !Y �titiOltTle�v .. y (Seal) (VNrtnesaj sy B ake . P ister, in-fact N•' Thh bond is ianwd pmukaneouely with performanq bond in favor of tM Owner conditioned on 1M full and faithful performance of the Contract. TIC-LMPB 4 ,� S�n Antonio, Terms GENEm PonR oF ToRwy ccNTjRACT AMT: :q6 51 _,00 SOND AMlr; Know all men by these Presents,tft j TITAN IN DEMWTY COMPANY has made,constituted arid-appointed,and by these presents does mate, consliWO and appoint Blake A. Pfister _ its trite and lawful Attorney-In-Fact,for g4todirt its name,placo and sleadlo execute on behalf o1 o saidCompany,as surety,bonds,undertakings,contracts of suretyship,'and other#ocumeM of a similar character is ed in the co o Ot br ine bnel to bindthe Company thereby,provided that no bond of undertaking or contract of suretyship executed under their authority$half exceed in theamoulak the sum of Fire'"undred Th sa00,,aVA 001100 C1011* 06 This Power of Attorney is granted and is fined and seated by tAe authority of the followiftOfesotutiop adopters by the Board of Directors of TITAN INDEMNITY COMPANY on the 15th-day of January,1593. Resolved,TnatMarkS,Watson,dt PsesidegtrMagC iivatso%jit,secreiejAftael4,8odaiiie,Ttoasuw,$0L. Executtvg Woe Presldertt,andG�oektolt,Vice P(esident of$uretyOpetations.oranyol-thOMr,shall have'the ortoauth-6trzea "f onstoexecuteonbehalfof#1e Corporations yttaads,etndertakitty ,recrsgn anoe st % ttoas itoi ies contractsa t edtaptsxdeedsand mortgages andrnsirramentstntha natom of moe#ga nand at all ot�t 3si�rtemts and ccgh+entsWlaSC gbtassecs 9 t a �gfie atop i q� r sad' ( thaseat s_the er oration eretc� ftesotved.Ptariher;Ttaa'tote_ tiar�Sar�t�e��,�tX�thesignalur�otartyot"tkdatotdsald�itteerrta �+eaHt�ie�byfad�isnt7eto�rlty�cwerztiattorgeYcert�f�caie9feither�tye�r�pr,ifae execution of any 4tid.undegalting,contr otorser ylsttip;orotherwr+ltertgobgationtri the ratt atherdof suchsighatnreandse t irettstitfset#beittgfrerebyadopted by the dompartyas14 original signature of stroh officer and theor{ginatspat 0,rhe t orltipany,toba valid andbtnding opoaihd CompariyWith the Woe force and effect as though manually affixed In Witness Whereof,"TITAN iNDEM 'fY COMPANY has caused its official seal to be hereunto affixed,andthese presents to be signed by one of its Vice Presidents,and attested by its Secretary this 15th day of January,1993. TITAN INDEMNITY COMPANY Attest. By fj Mark E.Watson,III,Secretary Bob L Sibley,Exeoutive Vice�fresident The State of Texas County of Bexar On this 28th clay of May,14�.q before me personally came 00 L.Sibley,to rn(�-know+a,whobeireby me duly sworn,did depose and say"he is the Executive Vice President ofVM,*V tNITYC0 � , e orpotootr scr inandwiadf%e ,eutedtheabpvei�ast� i�th�€hekho *peal ofthesaid corporation;ibatlbeseatanix,001olhesaidinstsumet suchtorporaleseal,thatitwassoaffi dbyorderof eO dtttClir ctorSofsaidoorporatiprt and that he signed his nanfe thereto by like order, �ilf Burngardner,Notary Public Certificate I,the undersigried, r urerof TITAN INDEf TY COMPANY,a Toabs Corporations�4 f�Et3tr8Y CERTIFY that�te#oregoirig andatlai ed Power of Attorney remains in Whhe°2tti ttaa not been revolredi and furthermore That the Resolution of the Board of Director,%set firth 14 the said Polterof Attorney,Is now in force, 1 Signed and sealedin the Otly tit San Antonio,in the State of`texas. Dated the 3'�d day of a ou a>:y 1,494 ' Michael J.Bodayle,"Treasurer (TIC-GPOA 05g4q$) �LL "N' 'M1 ` 4810-35 , 4-00236 DEPARTMENT OF THE TREASURY FISCAL SERVICE (Dept. Ciro. 570, 1992 Ray., Supp. No. 14). • SUR$TY MPANIE9 ACCEPTABLE ON FEDERAL BOND9 • Titan Indemnity Company A Certificate of Authority as an acceptable aurety on Federal Bonds is hereby issued to the following company-under Sections 9304 to 9 08, Title 31, of the United States Coda. redeaal bind-appr ing officers should annotate their reference • copies of the Treaiury Circular 570, 1992 Revision, on page 29393 to reflect this addition: Titan Indemni& Cemnany BUSINE69 ADDRE98: P.O. Box 60007, San Antonio, TX, 78209. UNDERWRITING LIMITATION bli h $2;169,0 00. SURETY LICENSES g/: AL, AR, CA, CO, DR, DC, FL, GA, ID, IV, IN, IA, XS, ICY, LA, MD, MA, MI, MN, MS, MO, HT, NE, NV, , NM, NY, NC, NO, OH, OX, PA, SC, SO, TN, TX, UT, VT, VA, W NY. INCORPORATED IN: Texas. Certificates of Authority expire on June 30 each year, unless revoked prior to that date. The Certificates are subject to dubsoquant annual ronswal as long as the companies remain qualified (31 CPR, Part 223). A list of qualifiod companies is published annually I�a of July 1 in Treasury Department Circular 570, with details as to underwriting limitations, areas in which licensed to .transact•eurety buainess and other information. (202) 874-6507. / Cbarlan F Schwan III, Director lrunds Management Division Financial Hanagement Service DATED: FEB 1.9 6 / DPW Request for City Council Action Date: November 15, 1993 Submitted to : Honorable Aa3 or r nd"City Council Submitted by: Michael T. Ubc.,,=ua�,a, City Administratorate— Prepared by: Louis F. Sandoval, Director of Public Works Subject: TRAFFIC SIGNAL INSTALLATION AT YORKTOWN AVENUE AT LAKE STREET; CC-878 APPROVED BY CITY COUNCIL //• /.S' 192a Consistent with Council Policy? [X] Yes ! ] Nri, Policy or Exception K Statement of Issue,Recommendation,Anah sis,Funding Source, Altemative Actions,AttachmentsQ STATEMENT OF ISSUE: On July 19, 1993, the City Council authorized a call for bids for the installation of a new traffic signal at the intersection of Yorktown Avenue and Lake Street RECOMN[ENDED ACTION: 1 Accept the low bid and award a contract to Reginald General Contractor Co ; and 2 Authorize the Director of Publi, Vlc-ks t txptoid a total of$70,000.00, which includes the contract cost of$46,511,00, ; ty-pr arc tease: :!quipment(mast arms, controller assembly, service cabinet, type IA& 15 poles and microwave sensors) estimated cost of$18,838.00 and estimated construction Change Orders of$4,651 00 for the installation of the traffic signal at the intersection of Yorktown Avenue at Lake Street ANALYSIS: The installation of a traffic signal at the intersection of Yorktown Avenue and Lake Street/Pacific Ranch is warranted. The installation of the traffic signal will fulfill outstanding development conditions imposed upon the developers of Pacific Ranch and Pacific Coast Homes Development Condition No 8 of Tentative Tract No 11417 (Mansion Properties Inc./Urban West Communities) required that the developer cont:cbute 25% of ibe costs of the traffic signal at the subject location This condition was imposed in February of 1982 and billed in May of 1987 when the engineer's estimate for the signal in.,tallati,an was $56,400 00. Development Condition No 14 of Tract hTo 11569 (Pacific Coast Homes)requires that the developer contribute 25%of the costs of the traffic signal at the subject location. This condition was imposed in November of 1988 and billed September of 1991 at which time the engineer's revised estimate was , 3 $69,9S0 (materials and labor costs as well as change in materials necessary to complete the signal work attribute to the change in the City's estimate) The engineer's estimate of the construction costs, including 10% contingency, is $70,000.00 Bids were received on August 31, 1993, and are listed below in dollar amount. Contractor Bids Bid Amount Reginald General Contractor $ 46,511.00 Stieny and Company $ 51,593 00 Peek Traffic $ 63,950 00 Skipps electric $ 69,000.00 Macadee Electric $ 76,695 00 ENVIRONMENTAL STATUS This project is categorically exempt per the California Environmental Quality Act, Section 15061(b)(3), General Rule Exemption. FUNDING SOURCE: Contract Amount $ 46,511 00 *City-Furnished Equipment $ 18,83 8.00 **Project Change Orders $ 4,65100 TOTALS $ 70,000.00 * City-furnished materials to be ordered and shipped to the City Yard ** Standard 10% administrative Change Order Limit(not to exceed $50,000)per City Council Resolution Number 4896. Exampl p ble Change Orders include changes in 4%.,Vv field conditions, unavailable materials,-t Tom 'Pl s, and changed City requirements. Payment of$14,100 per Development Condition No. 8 of Tentative Tract No 11417 available in Account No. SF-2-25-04. Payment of$17,495 per Development Condition No 14 of Tract No. 13569 available in Account No. SF-2-25-04 City Gas Tax Funds of$38,405.00 available in Account No. E-SF-PW-984-6-32-00 for new traffic signal construction ALTERNATIVE ACTIONS: I Reject low bid or all bids and do not proceed with the construction, and return moneys on account to the respective developers. 2 Provide direction to staff regarding other aPematwes ATTACHMENTS: none MTU/LFS/JDO/CDR/cr STATE P.O.BOX 420807,SAN FRANCISCO,CA 94142-0807 COMPENSATION I N S U R A N C E FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE DECEMBER 30 , 1993 1322368 - 93 POLICY NUMBER CERTIFICATE EXPIRES 10-1-94 r CITY OF HUNTINGTON BEACH# DIRECTOR OF PUBLIC WORKS P.O. BOX 190 HUNTINGTON BEACH CA 92648 L This is to certify that we have Issued a valid Workers'Compensation Insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policx(period indicated This policy is not subject to cancellation by the Fund except upon tXr$days'advance written notice to the employer 30 We will also give you TMdays'advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. X. PRESIDENT ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 12/22/93 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. APPROVED AS TO FORA:, GAIL HUTTON CITY ATTO By: Deputy City Attorney EMPLOYER F- REGINALD AGUNWAH REGINALD GENERAL ENGINEERING CONTRACTOR CO. 7941 GALWAY COURT RIVERSIDE CA 92503 EMW L SCIF 10262(REV.10-86) ISSUE DATE(MM/DDrM A00411M. CERTIFICATE OF INSURANCE 1/7/93 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND GEN INSURANCE SERVICES CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE 0722 ARROW ROUTE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE IIITE 116 POLICIES BELOW. M _ CEO CUCAMONGA, CA COPAPIIES AFFORDING COVERAGE 1730 09/941-0167 COMPANY AGOLDEN EAGLE INSURANCE COMPANY OMPANY rNG3NEERING CLoTm B NALD GENERAL � C CONTRACTOR cCETTF� D GALWAY COURT IVERSIDE, CALIF. 92503 COMPANY E LEHER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICA'!`E MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS 00. POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF V49L RANCE POLICY NUMBER DATE 0AM/DD(YY) DATE (MMIDD/YY) LIMPS GENERAL LIABIIY GENERAL AGGREGATE $1000000. CoMMERCIAL GENERAL LIABI.II'Y CCP 132885 1/7/9 4 1/7/9 5 PRODUCTS-COMPIOPS AGG s CLAafS MADE®OCCUR PERSONAL&ADV INJURY a OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE E FIRE DAMAGE(Any one fue) a MED EXPENSE(Amy one penal S 5000. AUTOMOBILE LRABBA"Y ANY AUTO CP 132885 1/7/94 1/7/95 LI`uI'INEDSINGLE $1000000. ALL OWNED AUTOS BODILY INJURY SCHEDuLm AUToS (Per ate) $ HIRED AUTOS BODILY INJURY E NON-OWNED AUTOS (Per•o'er) GARAGE LIABILITY PROPERTY DAMAGE E EXCESS LIABILITY EACH OCCURRENCE S UMBRELLA FORM AGGREGATE E OTHER THAN UMBRELLA FORM WORKERS COMPEMATION STATUTORY LIMITS EACH ACCIDENT $ AND EMPIAYER9'LIABI n Y DISEASE-POLICY LINT a �11 DLSEASBEACH EMPLOYEE a OTHER GPIL VJTTON ATT D�,RB'I'ION OF OPBRATKH�IYLO Deputy CERTIFICATE HOLDER. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCFI J R�BEFORE CITY OF HUNTINGTON BEACH EXPIRATION DATE THEREOF,THE ISSUING COMPANY I SK MANAGEMENT MAID 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 000 MAIN STREET LEFT, xele=A w UNTINGTON BEACH, CALIF. K r �ffi 2648 BAM"r.TME ACORD 25-S(7/90) ACORD CORPORATION 1990 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND REGINALD GENERAL CONTRACTOR FOR TRAFFIC SIGNAL INSTALLATION (CC 878) THIS AGREEMENT, made and entered into this 1 1+r, day of March , 19 94 , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and REGINALD GENERAL CONTRACTOR, a sole proprietorship, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as traffic signal installation at Yorktown, Lake and Pacific Ranch in the City of Huntington Beach; an8 CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the 1 6/agree/consult/12/16/93 manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1991 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California 2 6/agree/consuWl 2l16/93 C ` chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit"A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY(hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Forty Six Thousand Five Hundred Eleven Dollars ($46,511), 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 Seventy Five (75) consecutive calendar days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 3 6/agree/consuR/1 2/16/93 A ` 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not 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 4 6/agree cw=iY12J16/93 y parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the 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. 5 6/agrWconsult/1 Z/16M 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Two Hundred Fifty Dollars ($) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. 6 6/agree/consuk/1 Z/16/93 CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished to CITY, or by damage,caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (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 7 6/agree%onsulVl 2/16M promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 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. 8 6/agree/consuMN 2/16193 When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent(50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (%100) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 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. 9 6/agree/consulUl 2/16193 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 19. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall 10 6/agree%onsuft/12/16/93 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 CONTRACTOR shall cant'at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles. Said insurance policies shall name the CITY, and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in a amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21 CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be 11 6/agreekonsuR/12116/93 canceled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance policies hereunder required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, 12 6/agree%onsuWl 2116/93 drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON-ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 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. 13 6/agree/consuR/12/16/93 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions ofU S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. REST OF PAGE NOT USED 14 6/agree/oonsuR/12/16/93 31. ENTIRETY The foregoing, and Exhibit"A": attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. REGINALD GENERAL CONTRACTOR: CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California By: Reginald gunwah, Owner ATTE T: Mayor 0 LAW City Clerk- R APPROVED AS TO FORM: _gCiity Attorney 7 h City Administrator IATED AND APPROVED: r Director of Public Works 15 6/agreWmsuR/12/16M DATE: ENGINEER'S ESTII•IATE-: Q PROJECT ENGINEER: JOB TITLE AND CC#: Bidder's Name Total Bid Amount 1. Cameron Webster 2. Econolite 3. Paul Gardner 4. IDC S. Peek Traffic 6. Macadee Electric C' 7. !AcCain Traffic Supply A. Reginald Engineering 9. Skipps 10. Steiny and Company / S O 11. Superior Signal Service Corporation ` v � DATE: ENGINEER'S ESTI'r;ATI;: 70 PROJECT ENGINEER:_ JOB TITLE ANT CC#: —� Bidder's Name Total Bid Amount 1. Cameron Webster 2. Econolite 3. Paul Gardner 4. IDC S. Peek Traffic 6. Macadee Electric O O 7. McCain Traffic Supply 8. Reginald Engineering / 9. Ski s 10. Stein and Co an / S . 0-� 11. Superior Signal Service Corporation o d 6 .� STATE OF CALIFORNIA County of Orange I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH PUBUCNOTICE INDEPENDENT, a newspaper of general NOTICE circulation, printed and pubfshed in the City of "'" C"78°� Huntington Beach, County of Orange, State of that `�b,ds wl;a"en- Cafifomia and that attached Notice is a true and tingto ved�'Beach he city at of"un on each at the office of the City Clerk at City complete copy as was printed and published in Han, 2900 Maln street, Calor- the Huntington Beach and Fountain Valley "e unUIItthe�hou'� o 2:0 issues of said newspaper to wit the issue(s) of: time m. they 6will be which tune they will be opened publicly and read aloud in the Council Chambers for the Traffic Signal Installa- tion-YorktOwnJl.ake in the City of Huntington Beach. A set of plans. specifica- tions, and other contract documents may be ob- tained on August 9,1993 at the Department of Public Works, 2000 Main Street, August 12, 19, 1993 Huntington Beach. Califor- nia,upon receipt of a non- refundable fee of$20.00 if picked up or $2&00 if mailed. Each bid shall be made on the Proposal Form and In the manner provided in No bid shall be cor►sid the contract documents, ored unless It is made on a and shall be accompanied form furnishedthe by a cerbfied or cashier's of m t Bah and s :Kock or a bid bond for not, made "ordarh w>� less than 10% of the tine previsions of the pro. amamt of the bid, made payatN maw to the of Hun- � d� �t be 11- = ne Beach Con- canoed and also prequali- tractOr shalt, in the per- fled as required by law. formance of the work and The City Council of the Improvements, conform to City of Huntington Beach I declare, under penalty of perjury, that the state of California and the Labor Code of the reserves right to reject the reso" he other laws of the State of any or By order of the City Coun- foregoing is true and correct California applicable cl a re' ereto. with e excapto Beach, m h only of such variations that My 19,IM. may be Executed on , 199 .3... '�°fired under the �Connie Brockway,the fCit r Oi Auqust 19 special statutes pursuant m at Costa Mesa, California der are �1C 'a '"'"�'' "ad lilt°"$each. ar have not been superseded Published Huntington Codefxo�rt nreteraof to Beach-Fountain Valley In- dependents August 12, 19, ./� the shall >ivi eedd'Yby 1993. law. p''°Yid 082947 Signature PROOF OF PUBLICATION NOTICE INVITING BIDS CC-0 7S Notice is hereby given that sealed bids will be received(,main y the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Street, Huntington Beach, California, until the hour of 2:00 p.m. on � - at which time they will be opened publicly and read aloud in the Council Chambers for the tSgt7�f lr�5f�/la ios tJor� ,� �,�7�La in the City of Huntington Beach. A set of plans, specifications, and other contract documents may be obtained on 9 191V at the Department of Public Works, 2000 Main Street, Hunti fon Beach, California, upon receipt of a non-refundable fee of of- 425.O67 f nw1e�l Each bid shall be made on the Proposal Form and in the manner provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the _ of.ju lg&qp Connie Brockway City Clerk of the City of Huntington Beach 2000 Main Street (714) 536-5431 0328G RECEIVED CITY CLERK CM OF HUNTINGTfIN z,r--,Pij,f ALIF Auc 31 2 oo PH '93 NJ To 03A133914 y P��0�1 1 ti 6�aa APPROVED BY CITY COUNCIL a REQUEST FOR CITY COUNCIL AC c cLER Date: July 19, 1993 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator Prepared by: Otuis F. Sandoval, Director of Public Works Subject: APPROVAL TO ADVERTISE FOR BIDS FOR THE CONSTRUCTION OF NEW TRAFFIC SIGNAL AT THE INTERSECTION OF YORKTOWN AVENUE AND LAKE STREET/PACIFIC RANCH: CC-878 Consistent with Council Policy? [XI Yes [ ] New Policy or Exception Statement of Issue, Recommended Action, Analysis, Funding Source, Alternative Actions, AttachTT: STATEMENT OF ISSUE: The plans and specifications for the construction of a new traffic signal at the intersection of Yorktown Avenue and Lake Street/Pacific Ranch are complete, and Council approval is required to advertise this project. RECOMMENDED ACTION: 1. That the City Council approve the plans and specifications for the installation of a traffic signal at Yorktown Avenue and Lake Street/Pacific Ranch (CC-878)and authorize the Director of Public Works to advertise this project. 2. Approve the attached sample contract subject to award of contract to Council approved lowest responsive bidder. ANALYSIS• The installation of a traffic signal on Yorktown Avenue at Lake Street/Pacific Ranch is warranted. The installation of the traffic signal will fulfill outstanding development conditions imposed upon the developers of Pacific Ranch and Pacific Coast Homes. yA Page 2 New Traffic Signal Installation (CC-878) July 19, 1993 Development Condition No. 8 of Tentative Tract No. 11417(Mansion Properties Inc./Urban West Communities requires that the developer contribute 25% of the costs of the traffic signal at the subject location. Mansion Hill Partnership was billed May 11, 1987 for 25% of the City's estimate of$56,400. Payment of$14,100 was received June 2, 1987 and is in Account No. SF-2-25-04. Development Condition No. 14 of Tract No. 13569 (Pacific Coast Homes) requires that the developer contribute 25% of the costs of the traffic signal cost for the intersection of Yorktown Avenue at Lake Street/Pacific Ranch. Pacific Coast Homes was billed September 10, 1991 for 25% of the City's revised estimate of$69,980 (materials and labor costs as well as change in materials necessary to complete the signal work attribute to the change in the City's estimate). Payment of$17,495 will be collected prior to construction of this project. The current engineer's estimate is $70,000. FUNDING SOURCE: The traffic signal construction project will be funded according to the percentages listed in the analysis section. Mansion Properties Inc./Urban West Communities payment to the city is available in interest bearing accounts. The City's obligation is available in the unencumbered gas tax fund, Account No. Account No. E-SF-PW-984- 6-32-00. ENVIRONMENTAL STATUS: This project is categorically exempt via the General Rule Exemption (CEQA Section 15061 (b)(3)). ALTERNATIVE ACTIONS: 1. Do not authorize the Department of Public Works to advertise for bids. 2. Do not approve the "sample contract" for this project. 3. Direct staff on alternative action. ATTACHMENTS: Project Location Map Special Provisions Sample Contract MTU/LFS/TAE:tae 1f cc-878.rca. Ki7AA6m AWL ELSA AK RU AVE AN=AK NWANK I AK M7An" AK mm"m Ave 3 II Mtll AK + KLL AK S G w IWOMM LVO V LAIq AK LMQ AK tz w 1ALRR AK "um AK Apt � nus AK / OL1S AK 4 wwu Ave Project t G oca t;on N VatT01111 AK N G Awm Legend � � A/UWIA p Project L oca t;on G wrami AK wArK AK DATEi CITY OF HUNTINGTON BEACH �� •!! DEPARTMENT OF PUBLIC WORKS Cash Contract TRAFFIC SIGNAL INS TAL L A TIDN #8 78 YDRK TOWN/LAKE At i CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT STANDARD SPECIAL PROVISIONS FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AND STREET LIGHTING IN THE CITY OF HUNTINGTON BEACH April, 1993 Prepared Under the Supervision of: QROFESSlpN�ttt ago '�� i+ PUSS/ oil. Fy + OQR .;5 ;,, wonafd F W 1 7 m . s-31-97•'>� No. 1578 srq'•..�lVI�•..•ON, �C �D tF of cauF°�' OF CA1 a .wes n, ity ra ffic Engineer,, RCE 38580t Date Approved by: �OpPOFESS/pN� w 0 m No.20921 M- * Exp.9-30-93 CIVtt- �OF CAL,FO • 3 o ert . is �att,�ity �ngme�er ���ate cover.6t Y t STANDARD SPECIAL PROVISIONS FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AND STREET LIGHTING IN THE CITY OF HUNTINGTON BEACH April, 1993 Installation of new or modification of existing traffic signals, systems, street lighting, and Emergency Vehicle Pre-emption equipment shall conform to the provisions in Section 86, "Signals and Lighting" of the Standard Specifications, and the Standard Plans of the State of California, Department of Transportation dated July, 199L2, applicable sections of the National, Electrical Code, current City of Huntington Beach Standard Plans, the plans, and these special provisions. The City of Huntington Beach Traffic Engineer shall be the sole arbiter of the prevailing specification should a conflict arise between Section 86 of the Standard Specifications and the Standard Plans of the State of California, Department of Transportation, the National Electrical Code, current City of Huntington Beach Standard Plans, the plans, and these special provisions. Such other items or details not mentioned, that are required by the plans, Caltrans Standard Specifications, Caltrans Standard Plans, the National Electrical Code, current City of Huntington Beach Public Works Department Standard Plans, or these Special Provisions shall be performed, placed, constructed or installed to provide a totally functioning operation as intended. The contractor shall supply all materials and equipment necessary to perform the work as specified herein unless noted otherwise on the plans. The following items are modifications to specific portions of Section 86, "Signals and Lighting" of the July, 1992 Standard Specifications and Standard Plans of the Department of Transportation (Caltrans) of the State of California. 86-1.015 Definitions The following terms and definitions shall be added to §86-1.015: The city shall be defined as the City of Huntington Beach. The Engineer shall be defined as the City of Huntington Beach Traffic Engineer or his representative. The phrases "State owned", "State furnished", or "State supplied" (and similar terms) shall mean City of Huntington Beach owned, City of Huntington Beach furnished, or City of Huntington Beach supplied unless noted otherwise on the plans. specrb 93 Page 2 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-1.03 EQui=ent List and Drawings The following shall be added to §86-1.03: One (1) Complete set of project plans and these special provisions shall be kept on the job at all times, to be used as record drawings. Throughout the duration of the contract work, it shall be the responsibility of the Contractor to maintain a currently updated record of all construction changes and variations from the contract drawings. Two (2) complete sets of "As-Built" prints shall be delivered to the Traffic Engineer, 2000 Main Street, Huntington Beach, CA 92648 upon completion of the work. The contractor shall keep at least one copy of the current State of California Department of Transportation (Caltrans) Standard Plans and Standard Specifications on the job at all times. 86-1.04 Warranties. Guarantees and Instruction Sheets §86-1.04 shall be amended to read: Materials lists, manufacturer's data, warranties, guarantees, brochures, technical data, operating manuals, etc., shall be labeled and identified, and shall be submitted in bound booklet form prior to acceptance of the project. 86-1.05 Maintaining Existing; and Tempgaa Electrical Systems The first sentence of the sixth paragraph shall be amended to read as follows: Where damage is caused by the Contractor's operations, the Contractor shall, at his expense, repair or replace damaged facilities within twenty four hours in accordance with these specifications. 86-1.06 Scheduling of Work The ninth paragraph shall be amended to read as follows: Functional tests shall start on any working day except Monday or Friday, or the day preceding or following a legal holiday. vocab.93 K 1 Page 3 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-2.01 Excavating and Backfilling The following shall be added to §86-2.01: Backfilling in roadway areas shall be with one (1) sack P.C.C. slurry to bottom of roadway surfacing material unless otherwise directed by the Engineer or shown on the plans. All "Potholing" within roadway areas shall be backfilled with City-approved "one sack slurry" mix. Backfill in all trenches and pull box sumps not in roadway area shall be compacted to 90% Relative Compaction unless directed otherwise by the Engineer. 86-2.02 Removing and R lacing Improvements The second paragraph shall be amended to read as follows: Whenever a part of a square or slab of existing concrete sidewalk, curb, gutter, or driveway is broken or damaged, the sidewalk, curb, gutter, or driveway shall be removed completely from score line to score line. Sidewalk shall be replaced from back of curb to back of walk, curb and gutter shall be replaced from edge of sidewalk to edge of asphalt, and driveways shall be replaced at the direction of the Engineer. Portland Cement Concrete (P.C.C.) shall conform to §303-5 of the latest Standard Specifications for Public Works Construction (commonly referred to as the "Green Book"). Improvements shall be installed per the latest City of Huntington Beach Public Works Department Standard Plans. 86-2.03 Foundations The following shall be added to §86-2.03: The contractor shall construct the controller cabinet foundation as shown on State Standard Plan ES-4B for Type P cabinets,including furnishing and installing anchor bolts (except that foundation shall extend 18" above grade and not 31f2" as shown) and shall install the controller cabinet on said foundation. A ground electrode (for radio interference suppression purposes only) shall be installed towards the front of the cabinet foundation and in the general vicinity of the cabinet door hinge. This electrode shall not be connected to any electrical circuit grounding conductor. .pumb 93 Page 4 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-2.05 Conduit &86-2.05A Material The first paragraph shall be amended to read: All new buried conduit, except as noted on the plans, shall be Schedule 80 rigid non- metallic type conforming to UL Publication UL651 for rigid non-metallic conduit. Non- metallic bell end bushings, Carlon plus E997J or approved equal, are to be placed on the terminating ends of all conduits prior to installing the conductors. &86-2.05B Use The third paragraph, item number six, shall be amended to read: Not otherwise specified shall be 2-inch. 86-2.05C Installation The eleventh paragraph shall be amended to read: A No. 12 copper pull wire shall be installed in all conduits which are to receive future conductors. At least 2-feet of pull wire shall be doubled back into the conduit at each termination. The thirteenth paragraph shall be amended to read: Conduit shall be laid to a depth not less than 18 inches below or greater than 36 inches below grade in portland cement concrete sidewalk areas and curbed paved median areas, and not less than 30 inches below grade or greater than 48 inches below finished grade in all other areas, unless shown otherwise on the plans. The sixteenth paragraph shall be amended to read: The "Trenching in Pavement Method" is dis-allowed in the City of Huntington Beach unless previously authorized in writing by the Engineer for the individual installation location as shown on the plans. The following conduit installation methods shall be the approved installation methods unless noted otherwise on the plan: Conduit shall be installed using drilling or jacking methods, except in the following situations: speciah.93 a Page 5 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 1. Conduit may be installed using mechanical trenching methods if the conduit is to be installed in a new street that has not been paved prior to conduit trenching. 2. Conduit may be installed via manual trenching methods in an existing paved street if: a. Jacking or drilling methods have been tried three times and subsurface conditions have prevented the successful installation of conduit. b. The inspector has determined that underground conditions or underground utilities make the use of jacking or drilling methods unsafe. If this condition is applied, manual trenching methods will be acceptable. No machine trenching method will be allowed. The seventeenth paragraph shall be amended to read: Rigid non-metallic type conduit and plastic coated rigid steel conduit shall not be used for drilling and jacking. Rigid non-metallic type of conduit and plastic coated rigid steel conduit may be installed under existing pavement if a hole larger that the conduit is pre- drilled and the conduit installed by hand. Rigid metal conduit, to be used as a drilling or jacking rod, shall be fitted with suitable drill bits for required hole size. The twentyseventh paragraph shall have these additional requirements: Conduit entering pull boxes shall terminate a minimum of 2" above the grouted bottom of the pull box and not less than 8" from the top of pull box. The conduit shall be placed in a manner that facilitates pulling of conductors in a straight line and clearing box wall by 2" (angle of exit). spcc",93 Page 6 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-2.06 Pull Boxes 86-2.06A Materials The first paragraph shall be amended to read: All new pull boxes shall be plastic lined PCC, except where noted otherwise on the plans. All new pull box extensions shall be PCC, except where noted otherwise on the plans. All new pull box lids shall be fiberglass, except where noted otherwise on the plans. Pull box lid bolt-down hardware shall not be required unless noted otherwise on the plans. All new pull boxes shall be No. 6 unless noted otherwise on the plans. New pull boxes and pull box lids shall be the following Christy Concrete Products, Inc. pull boxes, or approved equal: Pull Box . Pull Box (Christy Pull Box-Lid (Christy Size Concrete Products, Inc. Concrete Products, Inc. Catalog No.) Catalog No.) 3 1/2 N9 FL9T 5 N30 FL30T 6 N36 FL36T 86-2.06B Cover Marking State Standard Plan ES-8, "Pull Box Details", Note 4-a.5 and b.10, shall not apply to this project. 86-2.06C Installation and Use The second paragraph shall be amended to read: All new pull box installations shall be grouted. The pull boxes shall be bedded in crushed rock as shown on the plans and shall be grouted prior to the installation of conductors. The grout shall be between 0.5-inch and one inch thick and shall be sloped toward the drain hole. A layer of roofing paper shall be placed between the grout and the crushed rock sump. A one inch drain hole shall be provided in the center of the pull box through the grout and the roofing paper. ap=i1b.93 Page 7 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 The third paragraph shall be amended to read: Where the sump of an existing pull box is disturbed by the contractor's operations, the sump shall be reconstructed and, if the sump was grouted, the old grout shall be removed and new grout placed. Where the sump of an existing non-grouted pull box is disturbed by the contractor's operations, the sump shall be reconstructed and new grout and roofing paper shall be placed as described above. The following shall be added to §86-2.06C: No new or existing pull box shall be located in or within 1' of any wheelchair ramp. 86-2.08 Conductors and Wiring The following shall be added to §86-2.08: Conductors, #10 AWG or smaller, shall be solid. Conductors, #8 AWG and larger, shall be stranded. Emergency vehicle pre-emption (EVP) cable shall be continuous, without splices, from optical detector to controller cabinet. 86-2.08A Conductor Identification The following shall be added to §86-2.08A: Insulation color for bicycle push button conductors shall be solid blue. 86-2.08E Signal Interconnect Cable The first sentence of the first paragraph shall be amended to read: Signal Interconnect Cable (SIC) shall consist of AWG No. 20 (minimum) stranded, tinned copper conductors with the number of pairs as specified on the plans (six pair minimum). The third paragraph shall be amended to read: SIC shall be continuous between traffic signal controller cabinets without breaks or splices. A minimum of six feet of slack shall be provided at each controller cabinet. epm".93 Page 8 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 The fourth paragraph shall be deleted from §86-2.08E. The following shall be added to §86-2.08E: The ends of the unused signal interconnect conductors in the cabinet shall be folded back and taped securely to the cable. 86-2.09 Wiring 86-2.09C Connectors and Terminals The following shall be added to §86-2.09C: Compression-type terminals (spade or eyelet) shall not be permitted for termination on solid conductors. 86-2,09D Splicing §86-2.09D shall be amended to read: Unless shown otherwise on the plans or permitted by the Engineer, splices in traffic signal conductors shall not be made between terminal blocks. Splices in street lighting (multiple circuit) and intersection safety lighting conductors shall be made in the base of the standard or adjacent pull box. Splices in street lighting or intersection safety lighting conductors shall conform to §86- 2.09E and Standard Plan ES-13. Splices shall be insulated by Method B for Handcrafted Insulation. 86-2.10 Bonding and Grounding The second sentence of the seventh paragraph shall be amended to read: Ground electrodes shall be one piece, 10-foot length, 5/8-inch nominal diameter stainless steel and meet the requirements of the Code. spccials.93 Page 9 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-2.11 Service The following shall be added to §86-2.11: Traffic signal service equipment enclosures shall be furnished with the following unless shown otherwise on the plans: 1. 50 amp breaker for traffic signals (120V metered). 2. 30 amp breakers for safety lighting (120V metered). 3. Safety lighting contactor and test switch. The eighth paragraph shall be amended to read: Service equipment enclosures shall be fabricated from aluminum and conform to the requirements of §86-3.07A, "Cabinet Construction." Service equipment enclosures shall be provided with a baked enamel finish coat, white in color and a method of securing the enclosure utilizing a padlock. With a City-furnished padlock in place, it shall not be possible to force entry into the enclosure by hand without the use of tools. Service enclosures shall conform to City of Huntington Beach Standard Plan No.s 402 A-D, unless shown otherwise on the plans. Standard traffic signal installations will utilize the service pedestal shown in City of Huntington Beach Standard Plans 402 A&B unless shown otherwise on the plans. The eleventh paragraph shall be amended to read: The Contractor shall be responsible for applying for and arranging with the serving utility to complete service connections for both temporary and permanent installations, and the Contractor shall pay all costs and fees required by the utility. The twelfth paragraph shall be amended to read: All costs of all electrical energy utilized until the successful completion of the functional testing period(s) for new street lighting and/or traffic signal systems shall be the contractor's responsibility. Upon the successful completion of the functional testing period(s) the subsequent costs of all electrical energy utilized to operate the newly installed system shall be the responsibility of the City. The fourteenth paragraph shall be deleted from this section. specials 93 Page 10 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-2.14 Testing 86-2.14A Materials Testing The following shall be added to §86-2.14A: For city funded or administered projects, the city will be responsible for the costs of the initial soil and geotechnical material tests. The costs of all subsequent soil or geotechnical material tests deemed necessary due to the failure of the initial tests shall be the responsibility of the contractor. The contractor shall be responsible for the costs of all soil and geotechnical materials testing for privately funded projects, as required by the Engineer. The second sentence of the first paragraph shall be amended to read: The costs of all equipment and materials testing, except as noted otherwise in this section, shall be the contractor's responsibility. The fourth paragraph shall be amended to read: The contractor shall allow 30 days for material and equipment testing from the date the material or equipment is delivered to the test site. When the equipment or material being tested has been rejected for failure to comply with these specifications, the contractor shall allow 30 days for subsequent retesting. The retesting period shall begin when the corrected equipment or materials are made available at the test site. The sixth paragraph shall be amended to read: It is the contractor's responsibility to pick up and deliver all required materials and equipment to and from the point of purchase, the test site, and the work site. The city shall not be responsible for pick up or delivery of any materials or equipment unless noted otherwise on the plans or in these specifications. $6-2.14C Functional Testing The first sentence of the fifth paragraph shall be amended to read: The city shall be responsible for the costs of electrical energy for testing of modified, city-owned street lighting and traffic signal systems. spociah.93 Page 11 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 The following shall be added to §86-2.14C: The Contractor shall, at his own expense, arrange to have a signal technician, qualified to work on the controller assembly and employed by the controller assembly manufacturer or his representative, present at the time the equipment is turned on. 86-3 Controller Assemblies 86-3.01 Controller Assembly The following shall be added to §86-3.01: Contractor shall furnish the following items as a complete package: 1. Caltrans Model 170E Micro Processor Intersection Controller Unit Assembly, supplied with a Serial Extender Board and two each 1200/2400 Baud Modems (GDI Model 404 or approved equal). The controller assembly shall be configured and jumpered to have all Random Access Memory (RAM) and Programmable Read Only Memory (PROMs) on the Central Processor Unit (CPU) circuit board (configuration No. 2 in the Caltrans Model 170E Operations Manual). The serial extender board shall access ACIA Port No. 4 (COM 4) and shall provide a db 9 (female) plug on the face plate of the serial extender board. The db 9 plug shall be configured for standard IEEE RS232C serial port operations. The removable circuit boards within the intersection controller unit assembly shall be installed individually in a vertical plane, parallel to one another. The Model 170E controller unit assembly, the serial extender board, and 1200/2400 baud modems shall comply with the latest Caltrans Model 170 controller specifications and addendums No. 5 & 6, and the Caltrans letter of understanding dated January 13, 1993. Only manufacturers listed on the current Caltrans Qualified Products List shall be allowed to provide the controller assembly, serial extender board, and modem modules. The preferred manufacturer shall be Peek Traffic/Signal Control Company. 2. BI Tran Systems, Inc. Model 170 Controller Traffic Signal Program 233 (latest edition), one copy per each Model 170E controller assembly supplied. 3. Antares, Inc. 170 To NEMA Adaptor, Model 1000000A (latest version), complete with NEMA D Panel connector, one each per Model 170E controller assembly supplied. .pecia6.ss Page 12 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-3.05 Controller Assembly Testing The second sentence of the second paragraph shall be amended to read: A Certificate of Compliance with the approved procedure and a test report signed by a responsible managing employee shall accompany each controller assembly submitted to city for acceptance prior to installation and functional testing in its final location. 86-3.07 Controller Cabinets The following shall be added to §86-3.07: Contractor shall furnish a Type P cabinet with thirty-two (32)vehicle detector connecting cables, conflict monitor and all appurtenant equipment (including load switches and 24 detector amplifiers) necessary to operate eight traffic phases. 86-3.07A Cabinet Construction The following shall be added to §86-3.07A: Cabinet shall be aluminum and painted white. A steel load switch bay shall be provided. 86-3.07B Cabinet Ventilation The first paragraph of §86-3.07B shall be amended to read: Rain tight, screened vent holes shall not be provided. Louvered vents with a permanent metal mesh and 14-inch by 10-inch by 1-inch 4-ply woven polypropylene air filter held firmly in place, which is to permit the fan to pass the volume of air specified, shall be provided in the cabinet door. Air filter support brackets shall have drain holes and the drain holes shall not drain to the outside of the cabinet. Spec".93 Page 13 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-3.07C Cabinet Wiring The following shall be added to §86-3.07C: Flasher units shall be wired to flash phases 1, 2, 3 and 4 simultaneously and phases 5, 6, 7, and 8 simultaneously. Phases 1, 2, 3, and 4 shall not flash concurrently with phases 5, 6, 7, and 8. Cabinet shall include a NEMA "D" connector. 86-3.07D Cabinet Accessories The following shall be added to §86-3.07D: Labels on detectors and detector cables shall correlate controller phase designations with phase designations shown on the plans. Cabinet shall be furnished with a Detector Systems, Inc. Model DS-217 two position EVP equipment mounting rack, provided in the "flanges in" configuration. 86-3.08 Auxiliary F4.uinment 86-3.08B(1) Emergency Vehicle Pre-rml2tion EQuipment The following shall be added to §86-3.08B(1): The Contractor shall furnish and install optical detectors and detector cable, and shall make all wiring connections and aim detectors as specified by the manufacturer. Optical detectors shall be 3M Model No. 511, 521, or 522. Discriminator modules shall be 3M Model No. 262. Optical detector signal cable shall be 3M Model No. M-138, or approved equal. 86-3.08C Monitoring Device The following shall be added to §86-3.08C: Conflict monitor shall be Eberle Designs, Inc. Model SSM-12LEPR. .pecuL.9s Page 14 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-3.08K Convenience Receptacle The following shall be added to §86-3.08K: The convenience receptacle shall have ground-fault circuit interruption as defined by the National Electrical Code. Circuit interruption shall occur on 6 milliamperes of ground- fault current and shall not occur on less than 4 milliamperes of ground-fault current. 86-3.08L Flasher The third paragraph shall be amended to read: Flasher shall provide 2 output circuits to permit alternate flashing of signal faces and shall be capable of carrying a minimum of 20 amperes per circuit at 120 volts. 86-4 Vehicle Signal Faces and Signal Heads 86-4.01 Vehicle Signal Faces The following shall be added to §86-4.01: Signal section housings, backplates, and visors shall be plastic type, unless noted otherwise on the plans. All exposed and interior fasteners shall have an anti-seize compound (No-Lox or approved equal) applied before installation. 86-4.01 A Optical Units The following shall be added to the first paragraph: Contractor shall supply and install all required light bulbs. Vehicle indication light bulbs shall be Duro Test or approved equal. 86-4.01B Signal Sections The following shall be added to §86-4.01B: All indications shall be 12 inch. .pcc".99 Page 15 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-4.05 Pedestrian Signals The following shall be added to §86-4.05: Pedestrian signals shall be Indicator Controls Corp. Model 4094B or approved equal, with clamshell mounting and Z-crate type screen. All pedestrian signal housings shall be aluminum. All pedestrian signal screens shall be plastic. All exposed and interior fasteners shall have an anti-seize compound (No-Lox or approved equal) applied before installation. 86-4.06 Signal Mounting Assemblies The following shall be added to §86-4.06: All exposed and interior fasteners shall have an anti-seize compound (No-Lox or approved equal) applied before installation. The fourth sentence of the first paragraph is amended to read: Post top slip-fitters, mast arm slip fitters, and terminal compartments shall be cast bronze. 86-5 Detectors 86-5,01A(3) Sensor Unit Construction The following shall be added to §86-5.01(A): All loop detector amplifiers shall be single channel. Amplifiers shall be Detector Systems, Inc., Model number 913B, unless shown otherwise on the plans. speciah.93 Page 16 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-5.01A(4) Construction Materials The following shall be added to §86-5.OlA(4): Loop wire shall be Type 2. Loop detector lead-in cable shall be Type C, unless specified otherwise on the plans. When 4418 loop detector lead-in cable is specified on the plans, the loop detector lead-in cable shall be Canoga Controls Corporation 30003 polyethylene jacketed cable, with water blocking per Type B loop detector lead-in cable. 86-5.OlA(5) Installation Details The following shall be added to §86-5.OlA(5): Unless shown otherwise on the plans all new loop detectors shall conform to Standard Plan ES-5B, Type E, except that the loops shall be 6-foot diameter (not 6-inch diameter as shown) and shall be spaced 10-feet apart in the direction of travel (not 10-inches as shown). Loop detector sealant shall be "Hot-Melt Rubberized Asphalt Sealant". Loop detectors shall be installed (including sealant) on the same day in which the loop detector slots are cut. Curb terminations shall be as shown on Standard Plan ES-5E, Type A. The number of loop detector lead-in cables required to achieve the specified detection shall be installed. Splices will not be allowed in the loop detector lead-in cable between the controller cabinet and the pull box adjacent to the loop detector installation. Loop detector to loop detector lead-in cable splicing shall conform to §86-2.09D. Splices shall be insulated according to §86-2.09E, Handcrafted Insulation for Detector Circuits. Heat-shrink tubing is dis-allowed. speciab.93 Page 17 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-5.02 Pedestrian Push Buttons The following shall be added to §86-5.02: Pedestrian push buttons shall be Standard Plan ES-5C, Type B. Push button assemblies shall be McCain Signal Products Catalog No. MPB.02 with polycarbonate push button cover or approved equal. 86-6.01 Luminaires Intersection safety lighting luminaires shall comply with §86-9 of these special provisions. The luminaires shall be the type specified for arterial streets. The output wattage of the intersection safety lighting luminaires shall be as shown on the plans. 86-6,065 Internally Illuminated Street Name Signs §86-6.065 shall be deleted and replaced with the following: A solid box superimposed upon the traffic signal mast arm symbol on the plans shall indicate that a complete Non-Illuminated Mast Arm Street Name Sign assembly shall be installed on that mastarm. The sign mounting hardware and location details shall be as shown in the City of Huntington Beach Standard Plan No.s 403 & 404 A&B. The following specifications define requirements for Non-Illuminated Mast Arm Street Name Signs: Sign Message: Street Name Suffixes shall not be used. Letter size, style, spacing, arrows, logos and borders shall generally conform to the current State of California Department of Transportation (Caltrans) Traffic Manual, Table 4-4 and Table 4-7, and Sign Syecifications for Type G7 Advance Street Name Signs. Non-Illuminated Mast Arm Street Name Signs shall be double sided unless noted otherwise on the plans. spec".93 Page 18 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 Sign Materials: The sign panel shall be 0.080-inch thick new sheet aluminum alloy 3003-H14 or 5052-H32. The sign panel shall have shear-trimmed or roll-slit edges with workman-like quality. The corners of the sign panel shall be 3-inch radius. Four 0.375-inch diameter sign attachment holes shall be provided in each sign. The sign attachment holes shall be in the positions specified on City of Huntington Beach Standard Plan No. 404B, with the 'A' dimension of 13 inches. The mounting holes shall be 4-inches in-board of the outside vertical edge of the sign and generally conform to the positions shown on Standard Plan 404B. The signs shall be attached to the mounting brackets with 0.375-inch diameter stainless steel bolts with two stainless steel cut flat washers and secured with stainless steel Nylock' nylon locking nuts. Two types of sign facing materials and application methods are acceptable. Method A: White 3M Diamond Grade (or City-approved equal) prismatic sheeting shall be applied to the entire sign panel face. The sign message shall be cut into a non-reflective translucent film mask which shall be applied over the reflective sheeting. The color of the non-reflective translucent film shall be Federal Highway Blue. The translucent film shall be 3M Translucent Film or City-approved equal. Method B: Federal Highway Blue 3M Diamond Grade (or City-approved equal) prismatic sheeting shall be applied to the entire sign panel face. The sign message and border shall consist of White 3M Diamond Grade (or City- approved equal) prismatic sheeting applied to the Federal Highway Blue background. 86-9 Street Lighting, General This section shall be an addition to the sections present in Section 86 of the Caltrans July, 1992 Standard Specifications. City-owned street lighting systems shall be constructed utilizing the previous special provisions and the following material and construction specifications: speciab.93 Page 19 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 Non-arterial Streets: Non-arterial streets shall be any street not shown on the current Orange County Master Plan of Arterial Highways. Street lighting poles shall be Ameron Catalog No. 6C1-17F6 (or approved equal). When the plans specify 70 Watt High Pressure Sodium Vapor (HPS)Luminaires, one of the following luminaires types shall be installed: ) General Electric Catalog No. M2AC-07-S-0-N-1-G-MC3-1 (Multi-tap ballast) General Electric Catalog No.M2AC-07-S-7-N-1-G-MC3-1(120/240 VAC ballast) Hubbell Catalog No. RMC-3-3 (Fixture Housing) with RMD-07S26-3 (Power Door) When the plans specify 150 Watt High Pressure Sodium Vapor (HPS) Luminaires, one of the following luminaires types shall be installed: General Electric Catalog No. M2AC-15-S-0-N-1-G-MC3-1 (Multi-tap ballast) General Electric Catalog No.M2AC-15-S-7-N-1-G-MC3-1(120/240 VAC ballast) Hubbell Catalog No. RMC-3-3 (Fixture Housing) with RMD-15S28-3 (Power Door) These catalog numbers specify a luminaire with IES Type III distribution, full lighting cut-off, power door ballast assembly, 120/240 VAC or multi-tap lighting ballast, and bulb. Arterial Streets: Arterial streets shall be any street shown on the current Orange County Master Plan of Arterial Highways. For all arterial streets except Pacific Coast Highway, Walnut Avenue between Sixth Street and First Street, and Pacific View Avenue between First Street and Beach Boulevard, lighting poles shall be Ameron Catalog No. 1C1-28N8 (or approved equal). speciaL.93 Page 20 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 When the plans specify 250 Watt High Pressure Sodium Vapor (HPS) Luminaires, one of the following luminaires types shall be installed: General Electric Catalog No. M4AC-25-S-0-N-1-G-MC3-1 (Multi-tap ballast) General Electric Catalog No.M4AC-25-S-7-N-1-G-MC3-1(120/240 VAC ballast) Hubbell Catalog No. RLC-3-3 (Fixture Housing) with RLD-25S38-3 (Power Door) When the plans specify 400 Watt High Pressure Sodium Vapor (HPS) Luminaires, one of the following luminaires types shall be installed: General Electric Catalog No. M4AC-40-S-0-N-1-G-MC3-1 (Multi-tap ballast) General Electric Catalog No.M4AC-40-S-7-N-1-G-MC3-1(120/240 VAC ballast) Hubbell Catalog No. RLC-3-3 (Fixture Housing) with RLD-40S38-3 (Power Door) These catalog numbers specify a luminaire with IES Type III distribution, full lighting cut-off, power door ballast assembly, 120/240 VAC or multi-tap lighting ballast, and bulb. The contractor shall install a pull box adjacent to the new street light pole base with 1 1.5-inch conduit between the pull box and the street light. The street light pole foundation installation shall comply the pole manufacturer's recommendations. All street lighting and intersection safety lighting poles shall have an in-line fuse installed. Street lighting poles shall have the in-line fuse installed in the pull box adjacent to the pole. Intersection safety lights shall have the in-line fuse installed in the pole base of the traffic signal pole or lighting pole supporting the intersection safety lighting luminaire. The in- line fuse shall include a water-tight housing and shall be Fusetron or approved equal. Street lighting systems installed on Pacific Coast Highway (State Route 1), Walnut Avenue between Sixth Street and First Street, and Pacific View Avenue between First Street and Beach Boulevard (State Route 39) shall require Ameron Catalog No. 1-C3-22- J8 or Ameron 1-0-2248D street light poles (as shown on the plans). Luminaires shall be 250 Watt HPS or 400 Watt HPS as shown on the plans. Street lighting pole and conduit installations on Pacific Coast Highway and Beach Boulevard shall require Caltrans plan approval and encroachment permits. specials.93 Page 21 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 For privately funded projects, all costs associated with design, encroachment permit applications, inspections, installation of street lighting equipment, materials, or labor associated with the street lighting installations or modifications shall be the contractor's responsibility. specials.93 SAMPLE CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TRAFFIC SIGNAL INSTALLATION (CC 878) THIS AGREEMENT is made and entered into on this day of , 1993 , by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and a California corporation, hereinafter referred to as "CONTRACTOR. " WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT, " more fully described as traffic signal installation at Yorktown, Lake and Pacific Ranch Streets, in the City of Huntington Beach; and CONTRACTOR has been selected and is to perform said work, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows : 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered AJF552 1 S A M P L E in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal . However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s) . 2 . ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined) , the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement . AJF552 2 S A M P L E t "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY' S standard Plans and Specifications and special contractual provisions , including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1991 edition of Standard Specifications for Public Works Construction, published by Builder ' s News, Inc . , 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the Contractor ' s Proposal (attached hereto as Exhibit "A") ; F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW") , without whose decision said AJF552 3 S A M P L E { discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3 . COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum of ($ ) , as set forth in the Contract Documents, to be paid as provided for in Sections 1, 6, 13 and 14 herein. 4 . COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within working/consecutive calendar days from the day the "Notice to Proceed" is issued by Department of Public Works, excluding delays provided for in Section 11 herein. 5 . TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents . AJF552 4 S A M P L E CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents . CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with Section 4 herein. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises . 6 . CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the AJF552 5 S A M P L E effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7 . NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8 . BONDS CONTRACTOR shall, prior to entering upon the perform- ance of this Agreement, furnish the following bonds approved by the City Attorney: One in the amount of one hundred percent (%100) of the contract price to guarantee the CONTRACTOR' S faithful performance of the work; one in the amount of one hundred percent (%100) of the contract price to warrant such performance for a period of one (1) year after CITY' S acceptance thereof, and one in the amount of one hundred percent (100%) of the contract price to guarantee payment of all claims for labor and materials furnished. AJF552 6 S A M P L E 9 . WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items . Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR' S risk and expense. 10 . INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth in Section 4 herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and AJF552 7 S A M P L E not as a penalty, the sum of Dollars ($ ) per day for each and every working day' s delay in completing the work in excess of the number of working/calendar days set forth in Section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes . CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement) , notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto . Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by AJF552 8 S A M P L E this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12 . DIFFERING SITE CONDITIONS (1) Notice The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or, (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement . The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or AJF552 9 S A M P L E decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13 . VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment . Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications . Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant . AJF552 10 S A M P L E 14 . PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof . From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts . The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement . Partial payments on the contract price shall not be considered as an acceptance of any part of the work. AJF552 11 S A M P L E 15 . WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under Section 13 of this Agreement . 16 . AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18 . INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR'S employees and damage to CONTRACTOR' S property, arising directly or indirectly out of the obligations or AJF552 12 S A M P L E operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney' s fees incurred by CITY in enforcing this obligation. 19 . WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liability for workers ' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain such Workers ' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100, 000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100, 000) bodily injury by disease, each employee, and Two Hundred Fifty Thousand Dollars ($250, 000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY. CONTRACTOR shall require all subcontractors to provide such Workers ' Compensation Insurance for all of the subcontractors ' employees . CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers ' Compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. AJF552 13 S A M P L E 20 . INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles . Said insurance shall name the CITY, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds . CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1, 000, 000) combined single limit coverage. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be no less than One Million Dollars ($1, 000, 000) . In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of limits . CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENT Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing AJF552 14 S A M P L E a . insurance coverages as required by Sections 19 and 20 herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be cancelled without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 18 of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR' S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22 . DEFAULT AND TERMINATION I£ CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give notice in writing of its intention to terminate this Agreement . Unless the violation is cured within ten (10) days AJF552 15 S A M P L E after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23 . DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24 . NON-ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25 . CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement . No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code Sections 1090 et seq. AJF552 16 S A M P L E y Y+ 26 . STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to recover from CONTRACTOR its reasonable administrative and attorney' s fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document . Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of one-hundred dollars ($100) for every stop notice filed in excess of two, regardless of whether or. not CITY is named in an action to enforce such stop notices . CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement . 27 . IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of 8 U.S.C. 1324a regarding employment verification. 28 . NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 29 . CAPTIONS Captions of the Sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the AJF552 17 S A M P L E interpretation, construction or meaning of the provisions of this Agreement . 30 . LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter § 309, the City Attorney is .the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. REST OF PAGE NOT USED AJF552 18 S A M P L E 31 . ENTIRETY The foregoing represents the entire Agreement between the parties . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. CONTRACTOR CITY OF HUNTINGTON BEACH a municipal corporation of the State of California BY: Mayor Print Name Its : Chairman/President/Vice President (circle one title) By: Print Name Its : Secretary/Assist Sec./CFO/Asst . Treasurer (circle one title) ATTEST: APPROVED AS TO FORM: City Clerk ,/�,�3 City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Director of Public Works AJF552 19 S A M P L E