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OITY OF HUNTINGTON BEA (j -- 1.Von, p41r1
MEETING DATE: August 20, 2001 DEPARTMENT ID NUMBER:PW 01-102
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Council Meeting Date: August 20, 2001 Department ID Number: PW 01-102
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CITY OF HUNTINGTON BEACH o
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City Administrators
PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works ` n
SUBJECT: I Authorize Advertisement of Spread Spectrum Radio Communication
at 11 Signalized Intersections Project, CC-1052 ,
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s
Statement of Issue: Plans, specifications and a draft contract for traffic signal modifications
at 11 intersections are ready for bid requests.
Funding Source: A grant in the amount of$51,200 is available from OCTA. Matching
funds in the amount of$12,800 are available in Measure M, Minor Street Improvements,
2139006.82300. Budget will be appropriated upon award of the contract.
Recommended Action: Motion to:
1. Approve plans and specifications, and authorize the Director of Public Works to request
bids for the Spread Spectrum Radio Communication Project; and
2. Approve the attached Sample Contract subject to award of the contract to the lowest
responsive/responsible bidder.
Alternative Action(s): Deny the request to advertise this project and provide staff with
direction on how to proceed. Failure to complete this portion of the project would jeopardize
the OCTA grant funding received and would likely result in the City reimbursing OCTA a
portion of funds already received for the purchase of equipment.
Analysis: The current Spread Spectrum Radio Traffic Communications System project
(also known as "Cylink") is the second phase of a project to establish a radio communication
link with traffic signals throughout the City. The Cylink system is a cost effective alternative
to direct wire connections to traffic signals that will allow for remote access, programming
01-102 August 20 Brohard(Cylink bids) -2- 8/14/01 3:23 PM
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REQUEST FOR ACTION
MEETING DATE: August 20, 2001 DEPARTMENT ID NUMBER:PW 01-102
and monitoring of traffic signal operations. It also allows the City to take advantage of
previous installations of direct wire connections within short segments by providing a link
between groups of hardwire-interconnected signals to City Hall via radio communication.
Phase II of the project provides for the installation of 34 Cylink radios. Twenty-three
locations have been installed. The remaining 11 require more substantial modifications at
the intersections due to old infrastructure that cannot accommodate the additional
equipment. The design plans.address the requirements to install the remaining radios at the
following locations:
1. Gothard Street and Heil Avenue
2. Gothard Street and Talbert Avenue
3. Springdale Street and McFadden Avenue
4. Newland Street and Heil Avenue
5. Newland Street and Slater Avenue
6. Newland Street and Ellis Avenue
7. Newland Street and Indianapolis Avenue
8. Newland Street and Atlanta Avenue
9. Miramar Street/Greenfield Street and Atlanta Avenue
10. Bushard Street and Atlanta Avenue
11 . Bushard Street and Hamilton Avenue
Plans and Specifications: Project plans and specifications are available for review at the
Public Works Department.
Environmental Status: This project is categorically exempt pursuant to the California
Environmental Quality Act, Section 1503 (c).
Public Works Commission Review: This Public Works Commission recommended
approval at its July 18, 2001 meeting by a vote of 7-0.
Attachment(s):
ity Clerk's
age Number 0. escription
1. Location Map
2. Sample Contract
RCA Author: Brohard:jm
01-102 August 20 Brohard(Cylink bids) -3- 8/14/01 3:23 PM
ATTACHMENT # 1
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CITY OF HUNTINGTON BEACH PUBLIC WORKS * TRANSPORTATION
ATTACHMENT
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HUNTINGTON BEACH TRAFFIC SIGNAL COMMUNICATIONS SYSTEM
CYLINK INSTALLATION CONTRACT
ATTACHMENT #2
SAMPLE
FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF
HUNTINGTON BEACH AND FOR
CYLINK ANTENNA PROJECT(CC-1052)
THIS AGREEMENT is made and entered into on this day
of , 2001, 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 solicited bids for a Public Works PROJECT, hereinafter referred to as
"PROJECT," more fully described as the Cylink Antenna Project (CC-1052) in the City of
Huntington Beach, California; 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, plant, tools,
equipment, supplies, transportation, utilities and all other items, services and facilities
necessary to complete and construct the PROJECT in a good and workmanlike manner.
CONTRACTOR agrees to assume the risk of all loss or damage arising out of
the nature of the project, during its progress or prior to acceptance, from the action of the
elements, from any unforeseen difficulties which may arise or be encountered in the
prosecution of work, and for all other risks of any description connected with the work,
including, but not limited to, all expenses incurred by or in consequence of the suspension or
discontinuance of work, except such as are herein expressly stipulated to be borne by CITY,
and for well and faithfully completing the work within the stipulated time and in the manner
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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 of 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 2000 edition including 2001 supplement, of Standard Specifications
for Public Works Construction, published by Builder's News, Inc., 10801 National Boulevard,
Los Angeles, California 90064, 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;
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D. Bid documents including the Notice Inviting Bids, the Special Instructions
to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A");
E. The particular plans, specifications, special provisions and addenda
applicable to the PROJECT. Anything mentioned in the specifications and not indicated in the
plans or indicated in the plans and not mentioned in the specifications, shall be of like effect as
if indicated and mentioned in both. In case of discrepancy between any plans, specifications,
special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to
the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose
decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk
and expense.
Should there be any conflict between the terms of this Agreement and the bid or
proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be
considered as an acceptance of the terms of said bid or proposal which is in conflict herewith.
3. COMPENSATION
CITY agrees to pay and CONTRACTOR agrees to accept as full compensation
for the faithful performance of this Agreement, subject to any additions or deductions made
under the provisions of this Agreement or the contract documents, a sum not to exceed
Dollars ($ ) as set forth in the Contract
Documents, to be paid as provided for by the terms and conditions of 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 ( ) days from the execution of this Agreement by CITY,
excluding delays provided for herein.
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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 conditions 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 on 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
i` condition shall CONTRACTOR make any changes without the written order of the DPW, and
CONTRACTOR 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
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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 the 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
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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. Only bonds issued by California
admitted sureties will be accepted.
9. WARRANTIES
The CONTRACTOR unconditionally guarantees all work done under this
Agreement including, but not limited to, any installation, fabrication, material or structural
facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in
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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. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT
CONTRACTOR agrees to comply with all requirements and utilize fair
employment practices in accordance with California Government Code Sections 12900 et seq.
11. CALIFORNIA PREVAILING WAGE LAW.
The CITY has ascertained from the Director of Industrial Relations of the State of
California the general prevailing rate of per diem wages and the general prevailing rate for legal
holiday and overtime work in the locality in which the work is to be performed for each craft or
type of work needed to execute this Agreement, and the same has been set forth by resolution
on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it
shall pay not less than said prevailing wage rates to all workers employed on this public works
Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with
the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure
payment of compensation to every employee.
12. CALIFORNIA PREVAILING WAGE LAW - PENALTY
Pursuant to this Agreement and in accordance with Section 1774 and 1775 of
the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars
($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR
or any of its subcontractors) less than the prevailing wage rate established for that particular
craft or type of work.
13. CALIFORNIA EIGHT-HOUR LAW
California Labor Code, Sections 1810 et seq, shall apply to the performance of
this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and
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CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than
eight (8) hours of labor per day or forty (40) hours per week from any one person employed by
it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and
each subcontractor employed by it hereunder shall, in accordance with California Labor Code
Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the
name and actual hours worked each calendar day and each calendar week by each worker
employed in connection with the PROJECT.
14. CALIFORNIA EIGHT HOUR LAW- PENALTY
Pursuant to this Agreement and in accordance with California Labor Code
Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for
each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar
day during which such worker is required or permitted to work more than eight (8) hours in any
one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California
Labor Code Section 1815.
15. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE
Section 1773.8 of the California Labor Code, regarding the payment of travel and
subsistence allowance is applicable to this PROJECT.
16. EMPLOYMENT OF APPRENTICES
Section 1777.5 of the California Labor Code, regarding the employment of
apprentices is applicable to this PROJECT.
17. PAYROLL RECORDS
CONTRACTOR agrees to keep accurate payroll record showing the name,
address, social security number, work classification, straight time and overtime hours worked
each day and week, and the actual per diem wages paid to each journeyman, apprentice or
worker employed by it in connection with the PROJECT and agrees to require each of its
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subcontractors to do the same. CONTRACTOR further agrees that its payroll records and
those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and
the employee or his representative, and the Division of Labor Standards Enforcement and the
Division of Apprenticeship Standards, and to comply with all of the provisions of California
Labor Code Section 1776, in general.
18. 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.
19. LIQUIDATED DAMAGES/DELAYS
It is agreed by the parties hereto that in case the total work called for hereunder
is not in all parts and requirements finished or completed within the number of working/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 Five
Hundred Dollars ($500) 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 reasons of such delay; and
CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY
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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 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 claim 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.
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20 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 to 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.
21. 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
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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.
22. 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 payment 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.
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23. 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.
24. 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 times, 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.
25. 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.
26. 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
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reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this
obligation.
27. WORKERS COMPENSATION INSURANCE
Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges
awareness of Section 3700 et seq. of said Code, which requires every employer to be insured
against liability for workers compensation; CONTRACTOR covenants that it will comply with
such provisions prior to commencing performance of the work hereunder.
CONTRACTOR shall maintain workers compensation insurance in an amount of
not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each
occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each
employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit.
CONTRACTOR shall require all subcontractors to provide such workers
compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish
to CITY a certificate of waiver of subrogation under the terms of the workers compensation
insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation.
28. INSURANCE
In addition to the workers compensation insurance and CONTRACTOR's
covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of
general public liability insurance, including motor vehicle coverage covering the PROJECT.
Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting
within the scope of their duties, against any and all claims of arising out of or in connection with
the PROJECT, and shall provide coverage in not less than the following amount: combined
single limit bodily injury and property damage, including products/completed operations liability
and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a
form which includes a designated general aggregate limit, the aggregate limit must be no less
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than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional
Insureds, and shall specifically provide that any other insurance coverage which may be
applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's
insurance shall be primary.
Under no circumstances shall said abovementioned insurance contain a self-
insured retention, or a "deductible" or any other similar form of limitation on the required
coverage.
29. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS
Prior to commencing performance of the work hereunder, CONTRACTOR shall
furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverages as required by this Agreement; said certificates shall:
1. provide the name and policy number of each carrier and policy;
2. shall state that the policy is currently in force;
3. shall promise to provide that such policies will not be canceled or modified
without thirty (30) days prior written notice of CITY; and
4. shall state as follows: "The above detailed coverage is not subject to any
deductible or self-insured retention, or any other form of similar type
limitation."
CONTRACTOR shall maintain the foregoing insurance coverages in force until
the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverages shall not
derogate from the provisions for indemnification of CITY by CONTRACTOR under the
Agreement. CITY or its representative shall at all times have the right to demand the original or
a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely
manner, the premiums on all insurance hereinabove required.
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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.
30. DEFAULT AND TERMINATION
If CONTRACTOR fails or refuses to prosecute the work hereunder with
diligence, or fails to complete the work within the time specified, or is adjudged 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.
31. DISPOSITION OF PLAN, 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.
32. 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.
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! i
33. 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.
34. 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.
35. 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.
36. 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.
16
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37. FEDERAL PARTICIPATION
The PROJECT pursuant to which the work covered by this Agreement is being
executed is being assisted by the United States of America. Several contract provisions
embodied herein are included in this Agreement in accordance with the provisions applicable to
such federal assistance. As federal funds are financing all or part of this work, all of the
statutes, rules and regulations promulgated by the Federal Government and applicable to the
work will apply, and CONTRACTOR agrees to comply therewith.
38. DAVIS-BACON ACT
CONTRACTOR agrees to pay and require all subcontractors to pay all
employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem
wage as determined by the Secretary of Labor in accordance with the Davis-Bacon Act (40
USC Section 176a, et seq.) for each craft or type of worker needed to perform this Agreement.
CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said
provisions are incorporated herein by this reference.
39. DISCRIMINATION, MINORITIES, ALIENS
CONTRACTOR shall not discriminate nor allow its employees, agents,
principals, or subcontractors to discriminate against any employee or applicant for employment
on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take
affirmative steps to hire local qualified minority individuals when job opportunities occur and
utilize local business firms when possible.
40. EQUAL EMPLOYMENT OPPORTUNITY
The CONTRACTOR will comply with all provisions of Executive Order 11246,
entitled "Equal Employment Opportunity," and amended by Executive Order 11375, and as
supplemented in Department of Labor regulations (41 CFR part 60).
17
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CONTRACTOR is required to have an affirmative action plan which declares that
it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to
ensure equality of opportunity in all aspects of employment.
Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.)
prohibits job discrimination because of handicap and requires affirmative action to employ and
advance in employment qualified handicapped workers.
Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974
(38 USC Section 219 et seq.) prohibits job discrimination and requires affirmative action to
comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years
after their discharge and (2) qualified disabled veterans throughout their working life if they
have a thirty percent (30%) or more disability.
To ensure compliance with these requirements, the CONTRACTOR shall
provide the CITY its written affirmative action plan prior to commencement of work. The
CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with
a completed affirmative action program from each subcontractor when applicable.
41. COPELAND "ANTI-KICKBACK" ACT
CONTRACTOR and its subcontractors shall comply with the provisions of the
Copeland "Anti-Kickback" Act (18 USC Section 874), as supplemented in Department of Labor
regulations, which Act provides that each shall be prohibited from including, by any means, any
person employed in the construction, completion, or repair of public work, to give up any part of
the compensation to which he is otherwise entitled.
42. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
The CONTRACTOR shall comply with the provisions of Section 103 and 107 of
the Contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by
Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each
18
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CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the
basis of a standard workday.of eight (8) hours and standard workweek of forty (40) hours.
Work in excess of the standard workday or workweek is permissible provided that the worker is
compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in
excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107
of the Act is applicable to construction work and provides that no laborer or mechanic shall be
required to work in surroundings or under working conditions which are unsanitary, hazardous,
or dangerous to his health and safety as determined under construction, safety and health
standards promulgated by the Secretary of Labor. These requirements do not apply to the
purchase of supplies or materials or articles ordinarily available on the open market or contracts
for transportation.
43. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION
CONTROL ACT.
(a) CONTRACTOR stipulates that all facilities to be utilized in the
performance of this Agreement were not listed, on the date of contract award, on the United
States Environmental Protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR
15.20.
(b) The CONTRACTOR agrees to comply with all of the requirements of
Section 114 of the Clean Air Act and section 308 of the Federal Water Pollution Control Act and
all regulations and guidelines listed thereunder.
(c) The CONTRACTOR shall promptly notify the CITY of the receipt of any
communication from the Director, Office of Federal Activities, EPA, indicating that a facility to be
utilized pursuant to this Agreement is under consideration to be listed on the EPA List of
Violating Facilities.
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(d) The CONTRACTOR agrees to include or cause to be included the
requirements of paragraph(a) thorough (d) of this section in every nonexempt subcontract, and
further agrees to take such action as the Government may direct as a means of enforcing such
requirements.
44. ENERGY CONSERVATION
Agreements with-federal participation shall recognize mandatory standards and
policies relating to energy efficiency which are contained in the state energy conservation plan
issued in compliance with the Energy Policy and Conservation Act (42 USC Section 6201, et
seq.).
45. HOUSING AND URBAN DEVELOPMENT
CONTRACTOR agrees to comply with any and all rules, regulations, guidelines,
procedures and standards of the United States Department of Housing and Urban Development
and complete any and all reports and forms that may be required in accordance therewith.
46. 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 service expenses incurred by
CONTRACTOR.
47. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and provisions of this
agreement or to secure the performance hereof, each party shall bear its own attorney's fees.
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48. 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 offices the day, month and year first above written.
CONTRACTOR CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
By:
print name
ITS: (circle one)Chairman/President/Vice President Mayor
AND ATTEST:
By:
print name City Clerk
ITS: (circle one)Secretary/Chief Financial APPROVED AS TO FORM:
Officer/Asst. Secretary-Treasurer
City Attorney
REVIEWED AND APPROVED: �J
INITIATED AND APPROVED:
City Administrator
Director of Public Works
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RCA ROUTING SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Authorize Advertisement of Spread Spectrum Radio
Communication at 11 Signalized Intersections Project
COUNCIL MEETING DATE: August 6, 2001
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Attached
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over$5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff
Assistant City Administrator (Initial) ( ) ( )
City Administrator (Initial) ( ) ( )
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
(BelowOnly)
RCA Author: Brohard:jm
RCA1 ,OUTING 9HEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Authorize Advertisement of Spread Spectrum Radio
Communication at 11 Signalized Intersections Project
COUNCIL MEETING DATE: August 20, 2001
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Attached
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attome ) Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attome Not Applicable
Certificates of Insurance (Approved by the City Attomey) Not Applicable
Financial Impact Statement (Unbud et, over $5,000) Not Applicable
Bonds If applicable) Not Applicable
Staff Report If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FOR RDED
Administrative Staff
Assistant City Administrator Initial
City Administrator (Initial)
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
Only)(Below Space For City Clerk's Use
RCA Author: Brohard:jm
SECTION A
NOTICE INVITING SEALED BIDS �zl-9�
for the
Cylink Antenna Project
1 l Various Locations
CONSTRUCTION CONTRACT No. 1052
in the
CITY OF HUNTINGTON BEACH
PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as
AGENCY, invites sealed bids for the above stated projects and will receive such bids in the
office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648,
up to the hour of 2:00 pm on October 2, 2001. Bids will be publicly opened in the Council
Chambers unless otherwise posted.
Copies of the Plans, Specifications, and contract documents are available from the Office of the
Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a
$25.00 nonrefundable fee if picked up, or payment of a $35.00 nonrefundable fee if mailed.
This is a Davis-Bacon project and the Federal Regulations will be enforced. Any contract
entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards
(Appendix II, III, IV), which are on file at the Office of the Director of Public Works, 2000 Main
Street, Huntington Beach, CA 92648.
The AGENCY will deduct a 10% retention from all progress payments. The Contractor may
substitute an escrow holder surety of equal value to the retention in accordance with the
provisions of the California Government Code, Section 4590. The Contractor shall be beneficial
owner of the surety and shall receive any interest thereon.
The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded
full opportunity to submit bids in response to this notice and will not be discriminated against on
the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to
the award of contract.
No bid shall be considered unless it is prepared on the approved Proposal forms in conformance
with the Instructions to Bidders.
A-1
The bid must be accompa*by a certified check, cashier's check, Oidder's bond made
payable to the AGENCY for an amount no less than 10% of the amount bid. The successful
bidder shall be licensed in accordance with provisions of the Business and Professions Code and
shall possess a State Contractor's License Class A or C-10 at the time of the bid opening. The
successful Contractor and his subcontractors will be required to possess business licenses from
the AGENCY.
The AGENCY reserves the right to reject any or all bids,to waive any irregularity and to take all
bids under advisement for a maximum period of 60 days.
BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA,
the 20th day of August 2001.
Attest:
Connie Brockway
CITY CLERK OF THE CITY OF HUNTINGTON BEACH
A-2
MOCITY
OF HUNTINGTON BEACH
y
2000 Main Street c
o --
P . O . Box 190 0
Huntington Beach , CA 9264810
CD ��o
LETTER OF TRANSMITTAL Fax (7 1 4 0 744 5-�3
Attention: Connie Brockway Date: Sept&bex1 01
0
To: City Clerk's Office Project/C.C.No.: C.C. No. 1052
2000 Main Street Regarding: Cylink Traffic Signal Communications
Huntington Beach, CA 92648 Improvement Proiect
We are sending you: ❑ By Mail By Fax Mail(Number of pages including this sheet:)
NWe are hand delivering: ❑ Attached Under a separate cover via the following items:
Shop drawings ElPrints ElPlans ❑ Samples El Specifications
Copy of letter El Change Order N Other: Notice Inviting Sealed Bids
Item# Copies I Pages Description
1 1 2 Notice Inviting Sealed Bids
2
3
4
5
These are transmitted as checked below:
1-1 For approval ❑ Approved as submitted ❑ Resubmit copies for approval
NFor your use ❑ Approved as noted ❑ Submit copies for distribution
NFor your action ❑ Returned for corrections ❑ Return corrected prints
For review/comment ❑ Other:
Remarks: On August 20, 2001, the City Council authorized the advertisement of the Cylink — Traffic
Signal Communications Improvement Project. Please find attached the Notice Inviting Sealed Bids
for this project. Please have this advertised for September 13, September 20, and September 27 for
bid opening on October 2, 2001.
Please contact me at extension 5086 with any questions you may have.
cc: By:
Bob Stachelski, PE,Associate Traffic Engineer
C:\CONSTRUCTION CONTRACTS(CCs)\Cc1052\CLERK BID AD TRANSMITTAL.DOC
PROOF OF PUBLICATION
STATE OF CALIFORNIA) ..
SS.
NOTICE INVITING at the Office of the Direc-
SEALED BIDS for of Public works,
County o Orange ) 2000 Main Street, Hunt-
for the ington Beach, CA
Cylink Antenna 92648.
Project The AGENCY will de-
1 am a Citizen of the United States and a 11 Various duct a 10% retention
Locations from all progress pay-
CONSTRUCTION ments. The Contractor
resident of the County aforesaid; I am may substitute an
CONTRACT escrow holder surety of
over the age of eighteen years, and not a No. 1052 In the equal value to the reten-
CITY OF tion in accordance with
party to or interested in the below HUNTINGTON the provisions of the Cal-
entitled matter. I am a principal clerk of BEACH ifode, Government
PUBLIC NOTICE IS Code, Section 4590.
the HUNTINGTON BEACH INDEPENDENT a HEREBY GIVEN that The Contractor shall be
the CITY OF HUNT- beneficial owner of the
INGTON BEACH, as surety and shall receive
newspaper of general circulation printed AGENCY, invites sealed any Interest thereon.
b i bids for the above stated The AGENCY hereby
projects and will receive affirmatively ensures
and published in the City of Huntington such bids in the office of that minority business
Beach, , County of Orange, State of the City Clerk, Second enterprises will be af-
Floor, 2000 Main Street, forded full opportunity to
Huntington Beach, Cali- submit bids In response
California, and that attached Notice is a fomia 92648, up to the to tnis notice and will not
hour of 2:00 pm on Octo- be discriminated against
true and complete copy as was printed bar 2. 200,. Bids will be on the basis °' race,
publicly open in the color, national origin,
and published in the Huntington Beach Council Chambers un- ancestry, sex, religion
less otherwise posted. in any consideration
and Fountain Valley issues of said Copies of the Plans, leading to the award of
Specifications, and con- contract.
tract documents are No bid shall be con-
newspaper to wit the issue(s) of. available from the Office sidered unless it is
of the Director of Public prepared on the ap-
works, 2000 Main Proved Proposal forms
Street, Huntington In conformance with the
September 13 , 2001 Beach, CA 92648, upon Instructions to Bidders.
payment of a $25.00 The bid must be ac-
nonrefundable fee if companied by a certified
September 20, 2001 picked up,or payment of check, cashier's Check,
a $35.00 nonrefundable or bidders bond made
Se t embe r 2 7 2 0 01 fee if mailed. payable to the AGENCY
p This is a Davis-Bacon for an amount no less
Project and the Federal than 10% of the amount
Regulations will be bid. The successful bid-
enforced. Any contract der shall be licensed in
entered into pursuant to accordance with
I declare under penalty of perjury, that this notice will in- provisions of the n
1 i corporate the provisions ness and Professions
of the Federal Labor Code and shall possess
the foregoing is true and correct. Standards (Appendix II, a State Contractors
III, IV), which are on file License Class A or C-10
at the time of the bid
opening. The successful
Contractor and his
subcontractors will be
Executed on September 27 2001 required to possess
at Costa Mesa, California. business licenses from
the AGENCY.
The AGENCY re-
serves the right to reject
any or all bids, to waive
any irregularity and to
take all bids under
:advisement for
maximum period of 60
dayys.
BY ORDEP of the
CITY COUNCIL of the
CITY OF HUNTINGTON
CALIF
BEACH, CALIFORNIA,
the 20th day of August
Signature 2001.
Attest:
Con nle Brockway,
CITY CLERK OF THE
CITY OF HUNTINGTON
BEACH
Published Huntington
Beach Independent
September 13. 20, 27.
2001
092-277