HomeMy WebLinkAboutPCH STREET LIGHT - 1993-07-19 (2) REQUEST FOR CITY COUNCIL ACTION
Date: July 19, 1993
Submitted to: Honorable Mayor and City Council APPROVED BY CITY COUNCIL
Submitted by: Michael T. Uberuaga, City Administrator _ 19 19_23
Prepared by: 0Louis F. Sandoval, Director of Public Works q' ddn.crrY�x
Subject: PACIFIC COAST HIGHWAY, STREET LIGHT INSTALLATION (CC-876)
Consistent with Council Policy? [XI Yes [ ] New Policy or Exception
Statement of Issue, Recommended Action, Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE:
Staff has completed the necessary plans and specifications for Pacific Coast Highway Street Lighting
Installation, from 9th Street to Golden West Street.
Staff is ready to advertise the project and solicit bids for the installation of street lights.
RECOMMENDED ACTION:
1. Approve the plans and specifications for the installation of street lights on Pacific Coast Highway from
9th Street to Golden West Street, CC-876.
2. Authorize the Director of Public Works to solicit bids to install street lights, and
3. Approve the attached sample construction contract.
ANALYSIS:
The proposed work will include the installation of 39 - 250W H.P.S.V. Luminaries on marbellite poles,
underground service, pullboxes, conduit, and other miscellaneous related construction. The existing street lights
are mounted on wooden poles and do not light the bluff top bicycle/pedestrian trail in this area. The new
system will better light the highway and also light the bluff top bicycle/pedestrian path.
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Pacific Coast Highway
Street Light Installation
(CC-876)
July 19, 1993
FUNDING SOURCE:
Funds are available in Account No. E-SF-PW-951-6-43. The engineer's estimate for this project is $72,000.
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.
ATTACBMENTS:
Project Location Map
Special Provisions
Sample Contract
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DATE: CITY OF HUNTINGTON BEACH +�
DEPARTMENT OF PUBLIC WORKS
Co.sh Contract S TREE T L IGH TING UPGRADE ON PCH
#876 from 9th St, to Golden West St,
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:
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Robert E. Eic blatt, City Engineer, R E j 21J Date
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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, 1992, applicable sections of the National
Electrical Code, current City of Huntington Beach Standard Plans, the plans, and these special
provisions.
The City of Huntington Beach Traffic Engineer shall be the sole arbiter of the prevailing
specification should a conflict arise between Section 86 of the Standard Specifications and the
Standard Plans of the State of California, Department of Transportation, the National Electrical
Code, current City of Huntington Beach Standard Plans, the plans, and these special provisions.
Such other items or details not mentioned, that are required by the plans, Caltrans Standard
Specifications, Caltrans Standard Plans, the National Electrical Code, current City of Huntington
Beach Public Works Department Standard Plans, or these Special Provisions shall be performed,
placed, constructed or installed to provide a totally functioning operation as intended.
The contractor shall supply all materials and equipment necessary to perform the work as
specified herein unless noted otherwise on the plans.
The following items are modifications to specific portions of Section 86, "Signals and Lighting"
of the July, 1992 Standard Specifications and Standard Plans of the Department of
Transportation (Caltrans) of the State of California.
86-1.015 Definitions
The following terms and definitions shall be added to §86-1.015:
The city shall be defined as the City of Huntington Beach.
The Engineer shall be defined as the City of Huntington Beach Traffic Engineer or his
representative.
The phrases "State owned", "State furnished", or "State supplied" (and similar terms)
shall mean City of Huntington Beach owned, City of Huntington Beach furnished, or
City of Huntington Beach supplied unless noted otherwise on the plans.
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Huntington Beach
Traffic Signal and Street Lighting
Standard Special Provisions
April, 1993
86-1.03 E4livment List and Drawing
The following shall be added to §86-1.03:
One (1) complete set of project plans and these special provisions shall be kept on the
job at all times, to be used as record drawings. Throughout the duration of the contract
work, it shall be the responsibility of the Contractor to maintain a currently updated
record of all construction changes and variations from the contract drawings. Two (2)
complete sets of "As-Built" prints shall be delivered to the Traffic Engineer, 2000 Main
Street, Huntington Beach, CA 92648 upon completion of the work. The contractor shall
keep at least one copy of the current State of California Department of Transportation
(Caltrans) Standard Plans and Standard Specifications on the job at all times.
86-1.04 Warranties. Guarantees and Instruction Sheets
§86-1.04 shall be amended to read:
Materials lists, manufacturer's data, warranties, guarantees, brochures, technical data,
operating manuals, etc., shall be labeled and identified, and shall be submitted in bound
booklet form prior to acceptance of the project.
86-1.05 Maintaining Existing and Temporary Electrical Systems
The first sentence of the sixth paragraph shall be amended to read as follows:
Where damage is caused by the Contractor's operations, the Contractor shall, at his
expense, repair or replace damaged facilities within twenty four hours in accordance with
these specifications.
86-1.06 Scheduling of Work
The ninth paragraph shall be amended to read as follows:
Functional tests shall start on any working day except Monday or Friday, or the day
preceding or following a legal holiday.
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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 areas shall be compacted to
90% Relative Compaction unless directed otherwise by the Engineer.
86-2.02 Removing and ftlacing_I_.,provements
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 31h" 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.
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Huntington Beach
Traffic Signal and Street Lighting
Standard Special Provisions
April, 1993
86-2.05 Conduit
&a&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 E9971 or approved equal, are to be placed on the
terminating ends of all conduits prior to installing the conductors.
M-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:
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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).
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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:
Pu11 Box Pull Box Chns Pull Box Ltcl Chn
Size Co�tcretc Products Tnc Concrete Products, Inc
Y
og
Catalog Catai N o.
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.
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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.
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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.
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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.
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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.
86-2.14C Functional Testing
The first sentence of the fifth paragraph shall be amended to read:
The city shall be responsible for the costs of electrical energy for testing of modified,
city-owned street lighting and traffic signal systems.
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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.
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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.
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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.
�6-3.08 Auxiliary Equipment
86-3.08B(1) Emergency Vehicle Pre-emption uipment
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.
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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 Head
86-4.01 Vehicle Signal al 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.
86-4,01A Optical Units
The following shall be added to the first paragraph:
Contractor shall supply and install all required light bulbs. Vehicle indication light bulbs
shall be Duro Test or approved equal.
86-4.01B Signal Sections
The following shall be added to §86-4.01B:
All indications shall be 12 inch.
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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.OlA(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.
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Huntington Beach
Traffic Signal and Street Lighting
Standard Special Provisions
April, 1993
86-5.01A(4) Construction Materials
The following shall be added to §86-5.01A(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.
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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 frm symbol on the plans shall
indicate that a complete Non-Mumina p ted Mast Arm Street Name Sign assembly shall be
installed on that mastarm. The sign mounting hardware and location details shall be as
shown in the City of Huntington Beach Standard Plan No.s 403 & 404 A&B.
The following specifications define requirements for Non-Illuminated Mast Arm. Street
Name Signs:
Sign Message:
Street Name Suffixes shall not be used.
Letter size, style, spacing, arrows, logos and borders shall generally conform to
the current State of California Department of Transportation (Caltrans) Traffic
Manual, Table 4-4 and Table 4-7, and Sign Specifications for Type G7 Advance
Street Name Signs. Non-Illuminated Mast Arm Street Name Signs shall be double
sided unless noted otherwise on the plans.
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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:
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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 followingluminaires types shall be installed:
Pe Y )
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. WAC-15-S-O-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 IFS 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).
specieL.93
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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.
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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-O-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 1-0-22481) 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.
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SAMPLE CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR STREET LIGHTING ON PACIFIC COAST HIGHWAY
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 J. 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
installation of street lighting on Pacific Coast Highway from
Ninth Street to Goldenwest Street 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
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
AJF558 1 S A M P L E
ti
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.
"Contract Documents" as defined herein mean and include:
A. This Agreement;
B. Bonds covering the work herein agreed upon;
AJF558 2 S A M P L E
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
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
AJF558 3 S A M P L E
Agreement shall control and nothing herein shall be considered as
an acceptance of the terms of said bid or proposal which is in
conflict herewith.
3 . COMPENSATION
CITY agrees to pay and CONTRACTOR agrees to accept as
full compensation for the faithful performance of this Agreement,
subject to any additions or deductions made under the provisions
of this Agreement or the Contract Documents, a sum not to exceed
Dollars ($ ) ,
as set forth in the Contract Documents, to be paid as provided in
this Agreement.
4 . COMMENCEMENT OF PROJECT
CONTRACTOR agrees to commence the PROJECT within ten (10)
working days after notice to proceed is issued and shall
diligently prosecute PROJECT to completion within
days from the day the "Notice to Proceed" is issued by Department
of Public Works, excluding delays provided for in this Agreement.
5 . TIME OF THE ESSENCE
The parties hereto recognize and agree that time is of
the essence in the performance of this Agreement and each and
every provision of the Contract Documents .
CONTRACTOR shall prepare and obtain approval as required
by the Contract Documents for all shop drawings, details and
samples, and do all other things necessary and incidental to the
prosecution of its work in conformance with the progress schedule
set forth in the Contract Documents . CONTRACTOR shall coordinate
its work with the work of all other contractors, subcontractors
AJF558 4 S A M P L E
and CITY forces working on the PROJECT, in a manner that will
facilitate the efficient completion of the PROJECT and in
accordance with the terms and provisions of this Agreement . CITY
shall have complete control of the premises on which the work is
to be performed and shall have the right to decide the time and
order in which the various portions of the work shall be performed
and the priority of the work of other contractors, subcontractors
and CITY forces and, in general, all matters concerning the timely
and orderly conduct of the work of CONTRACTOR on the premises .
6 . CHANGES
CONTRACTOR shall adhere strictly to the plans and
specifications set forth in the Contract Documents unless a change
therefrom is authorized in writing by the DPW. CONTRACTOR agrees
to make any and all changes, furnish materials and perform all
work necessary within the scope of the PROJECT as the DPW may
require in writing. Under no condition shall CONTRACTOR make any
changes without the written order of the DPW, and CITY shall not
pay any extra charges made by CONTRACTOR that have not been agreed
upon in writing by the DPW.
When directed to change the work, CONTRACTOR shall submit
immediately to the DPW a written cost proposal reflecting the
effect of the change. Should the DPW not agree to such cost
proposal, the work shall be performed according to the changes
ordered in writing by the DPW and the proper cost thereof shall be
negotiated by the parties upon cost and pricing data submitted by
the CONTRACTOR; thereupon, CITY will promptly issue an adjusted
change order to CONTRACTOR and the contract price will be adjusted
upward or downward accordingly.
AJF558 5 S A M P L E
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 three bonds approved
by the City Attorney: One in the amount of one hundred percent
(100%) of the contract price to guarantee the CONTRACTOR' S
faithful performance of the work; one in the amount of one hundred
percent (100%) of the contract price to warrant such performance
for a period of one (1) year after CITY' S acceptance thereof; and
one in the amount of one hundred percent (100%) of the contract
price to guarantee payment of all claims for labor and materials
furnished.
9 . WARRANTIES
The CONTRACTOR unconditionally guarantees all work done
under this Agreement including, but not limited to, any
workmanship, installation, fabrication, material or structural
facilities constructed. CONTRACTOR, within ten (10) days after
notice by CITY of any defect in the work, shall have the option to
make appropriate repairs or replace the defective item or items.
Upon expiration of such ten (10) day period, CITY may then make
appropriate repair or replacement at CONTRACTOR' S risk and expense.
AJF558 6 S A M P L E
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 i s 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 Three Hundred Dollars ($300) 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 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.
AJF558 7 S A M P L E
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.
AJF558 8 S A M P L E
T
No claims for additional compensation or damages for
delays, irrespective of the cause thereof, and including without
limitation the furnishing of material by CITY or delays by other
contractors or subcontractors, will be allowed and said extension
of time for completion shall be the sole remedy of CONTRACTOR.
12 . DIFFERING SITE CONDITIONS
(1) Notice: The CONTRACTOR shall promptly, and before
such conditions are disturbed, notify the DPW in writing of:
(a) Subsurface or latent physical conditions at the
job site differing materially from those indicated in this
Agreement or the Contract Documents; or,
(b) Unknown physical conditions at the job site, of
an unusual nature, differing materially from those ordinarily
encountered and generally recognized as inherent to work of the
character to be performed under this Agreement. The DPW shall
promptly investigate the conditions and if it finds that such
conditions do materially so differ and cause an increase or
decrease in the time required for performance of any part of the
work under this Agreement, whether or not changed as a result of
such conditions, an equitable adjustment shall be made and the
Agreement modified in writing accordingly;
(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
AJF558 9 S A M P L E
the actual quantities of contract items used in construction of
the PROJECT, in accordance with the plans and specifications .
Upon completion of the PROJECT, if the actual quantities used are
either more than or less than the quantities listed in the bid
schedule, the bid price shall prevail subject to the provisions of
this Section. The DPW may, at its sole discretion, when warranted
by the facts and circumstances, order an equitable adjustment,
upwards or downwards, in payment to the CONTRACTOR where the
actual quantities used in construction of the PROJECT are in
variation to the quantities listed in the bid schedule. No claim
by CONTRACTOR for an equitable adjustment in price or time for
completion shall be allowed if asserted after final payment under
this Agreement. If the quantity variation is such as to cause an
increase in the time necessary for completion, the DPW shall
ascertain the facts and circumstances and make such adjustment for
extending the completion date as in its judgment the findings
warrant .
14 . PROGRESS PAYMENTS
Each month the DPW will make an estimate in writing of
the work performed by CONTRACTOR and the value thereof . From each
progress estimate, ten percent (10%) will be deducted and retained
by CITY and the remainder, less the amount of all previous
payments since commencement of the work, will be paid to
CONTRACTOR.
When CONTRACTOR has, in the judgment of the DPW,
faithfully executed fifty percent (50%) or more of the value of
the work as determined from the bid schedule, and if the DPW finds
that satisfactory progress has been and is being made, the
AJF558 10 S A M P L E
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.
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 and provisions 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
AJF558 11 S A M P L E
t.
either labor or material, except certain items, if any, to be set
forth in an affidavit covering disputed claims, or items in
connection with Notices to Withhold which have been filed under
the provisions of the statutes of the State of California .
17. WAIVER OF CLAIMS
The acceptance by CONTRACTOR of the payment of the final
certificate shall constitute a waiver of all claims against CITY
under or arising out of this Agreement .
18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS
CONTRACTOR hereby agrees to protect, defend, indemnify
and hold and save harmless CITY, its officers, and employees
against any and all liability, claims, judgments, costs and
demands, however caused, including those resulting from death or
injury to CONTRACTOR' S employees and damage to CONTRACTOR' S
property, arising directly or indirectly out of the obligations or
operations herein undertaken by CONTRACTOR, including those
arising from the passive concurrent negligence of CITY, but save
and except those which arise out of the active concurrent
negligence, sole negligence, or the sole willful misconduct of
CITY. CONTRACTOR will conduct all defense at its sole cost and
expense. CITY shall be reimbursed by CONTRACTOR for all costs or
attorney' s fees incurred by CITY in enforcing this obligation.
19 . WORKERS' COMPENSATION INSURANCE
Pursuant to the 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 all such laws and provisions prior to commencing
performance of the work hereunder.
AJF558 12 S A M P L E
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.
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
AJF558 13 S A M P L E
w
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
insurance coverages as required by this Agreement; 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 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.
AJF558 14 S A M P L E
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 refuses to prosecute the work
hereunder with diligence, or fails to complete the work within the
time specified, or is adjudged to be bankrupt or makes an
assignment for the benefit of creditors or becomes insolvent, or
violates any provision of this Agreement or the Contract
Documents, CITY may give notice in writing of its intention to
terminate this Agreement. Unless the violation is cured within
ten (10) days after such Notice of Intention has been served on
CONTRACTOR, CITY may, without prejudice to any other remedy it may
have, terminate this Agreement upon the expiration of that time.
Upon such default by CONTRACTOR, CITY may elect not to terminate
this Agreement; in such event CITY may make good the deficiency in
which the default consists and deduct the resulting costs from the
progress payments then or to become due to CONTRACTOR.
23 . DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONTRACTOR agrees that upon completion of the work to be
performed hereunder, or upon earlier termination of this
Agreement, all original plans, specifications, drawings, reports,
calculations, maps and other documents pertaining to this
Agreement shall be delivered to CITY and become its sole property
at no further cost .
AJF558 15 S A M P L E
ys
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 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 8U S.C. §
1324a regarding employment verification.
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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
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 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 S 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
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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 : President/Vice President/Chariman (circle one)
By:
Print Name
Its : Secretary/Treasurer/Chief Financial Ofc. (circle one)
ATTEST: APPROVED AS TO FORM:
City Clerk j c t City Attorney cl#.
6-L2 `0
D AND V INITIATED AND APPROVED:
A.
City Adm ni trator Director of Public Works
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