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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. Page 2 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 MTU:LF3:rnm6 A :PCH876.RCA V[SINUISM AVC r RSA AVE RSA AK M60tP AK IS.TASSEN AVE "WHIM AVE G G r G � G E�� $ d CNN=AK kw IEt AK �y. xQ AK G s VAMQ SLVS S7gQG 7LA7q AK 3 SLATO AVE G G r° TKAKI T AVE T.LQRT AK G EIIK AK tYLR AV[ Pr �' O 'Q SMKRS Al ZZ2l,'a T I VOW" AK a . G &WIS AK 110 ICAIL G y MIAMM0.K AVE r L egenol A 3 0 A/I,AIII. p Project Limits �r� G a V "Nam AK w..b AK 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: TgOF E SSIp�y 11 o r•.., ' t� �RpFESSlp�jq �opi�;nlo 0r �y�t+ ��4`pona1dCD p; m = ipF sod rr'No. 1518/38580 3-3/-97; �( Exp.l,- .��=95 stq'••., In lF OF CAlIFO� OF CA��c� James n, ity Traffic Engineer, 38580, RTE 157 ate Approved by: oQPOFESS/pN E/c qlF m x No.20921 m * Exp.9-30-93 civ Robert E. Eic blatt, City Engineer, R E j 21J Date cover.s6t 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. specials.93 w Page 2 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. spw".93 Page 3 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-2.01 Excavating and Backfilling The following shall be added to §86-2.01: Backfilling in roadway areas shall be with one (1) sack P.C.C. slurry to bottom of roadway surfacing material unless,otherwise directed by the Engineer or shown on the plans. All "Potholing" within roadway areas shall be backfilled with City-approved "one sack slurry" mix. Backfill in all trenches and pull box sumps not in roadway 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. spwir&.93 ti Page 4 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: spec 4.93 Page 5 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 1. Conduit may be installed using mechanical trenching methods if the conduit is to be installed in a new street that has not been paved prior to conduit trenching 2. Conduit may be installed via manual trenching methods in an existing paved street if: a. Jacking or drilling methods have been tried three times and subsurface conditions have prevented the successful installation of conduit. b. The inspector has determined that underground conditions or underground utilities make the use of jacking or drilling methods unsafe. If this condition is applied, manual trenching methods will be acceptable. No machine trenching method will be allowed. The seventeenth paragraph shall be amended to read: Rigid non-metallic type conduit and plastic coated rigid steel conduit shall not be used for drilling and jacking. Rigid non-metallic type of conduit and plastic coated rigid steel conduit may be installed under existing pavement if a hole larger that the conduit is pre- drilled and the conduit installed by hand. Rigid metal conduit, to be used as a drilling or jacking rod, shall be fitted with suitable drill bits for required hole size. The twentyseventh paragraph shall have these additional requirements: Conduit entering pull boxes shall terminate a minimum of 2" above the grouted bottom of the pull box and not less than 8" from the top of pull box. The conduit shall be placed in a manner that facilitates pulling of conductors in a straight line and clearing box wall by 2" (angle of exit). speci.ls.93 Page 6 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-2.06 Pull Boxes 86-2.06A Materials The first paragraph shall be amended to read: All new pull boxes shall be plastic lined PCC, except where noted otherwise on the plans. All new pull box extensions shall be PCC, except where noted otherwise on the plans. All new pull box lids shall be fiberglass, except where noted otherwise on the plans. Pull box lid bolt-down hardware shall not be required unless noted otherwise on the plans. All new pull boxes shall be No. 6 unless noted otherwise on the plans. New pull boxes and pull box lids shall be the following Christy Concrete Products, Inc. pull boxes, or approved equal: 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. spoc".ss Page 7 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 The third paragraph shall be amended to read: Where the sump of an existing pull box is disturbed by the contractor's operations, the sump shall be reconstructed and, if the sump was grouted, the old grout shall be removed and new grout placed. Where the sump of an existing non-grouted pull box is disturbed by the contractor's operations, the sump shall be reconstructed and new grout and roofing paper shall be placed as described above. The following shall be added to §86-2.06C: No new or existing pull box shall be located in or within 1' of any wheelchair ramp. 86-2.08 Conductors and Wiring The following shall be added to §86-2.08: Conductors, #10 AWG or smaller, shall be solid. Conductors, #8 AWG and larger, shall be stranded. Emergency vehicle pre-emption (EVP) cable shall be continuous, without splices, from optical detector to controller cabinet. 86-2.08A Conductor Identification The following shall be added to §86-2.08A: Insulation color for bicycle push button conductors shall be solid blue. 86-2.08E Signal Interconnect Cable The first sentence of the first paragraph shall be amended to read: Signal Interconnect Cable (SIC) shall consist of AWG No. 20 (minimum) stranded, tinned copper conductors with the number of pairs as specified on the plans (six pair minimum). The third paragraph shall be amended to read: SIC shall be continuous between traffic signal controller cabinets without breaks or splices. A minimum of six feet of slack shall be provided at each controller cabinet. epm".93 Page 8 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 The fourth paragraph shall be deleted from §86-2.08E. The following shall be added to §86-2.08E: The ends of the unused signal interconnect conductors in the cabinet shall be folded back and taped securely to the cable. 86-2.09 Wiring 86-2.09C Connectors and Terminals The following shall be added to §86-2.09C: Compression-type terminals (spade or eyelet) shall not be permitted for termination on solid conductors. 86-2.09D Splicing §86-2.09D shall be amended to read: Unless shown otherwise on the plans or permitted by the Engineer, splices in traffic signal conductors shall not be made between terminal blocks. Splices in street lighting (multiple circuit) and intersection safety lighting conductors shall be made in the base of the standard or adjacent pull box. Splices in street lighting or intersection safety lighting conductors shall conform to §86- 2.09E and Standard Plan ES-13. Splices shall be insulated by Method B for Handcrafted Insulation. 86-2.10 Bonding and Grounding The second sentence of the seventh paragraph shall be amended to read: Ground electrodes shall be one piece, 10-foot length, 5/8-inch nominal diameter stainless steel and meet the requirements of the Code. spwials.93 Page 9 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-2.11 Service The following shall be added to §86-2.11: Traffic signal service equipment enclosures shall be furnished with the following unless shown otherwise on the plans: 1. 50 amp breaker for traffic signals (120V metered). 2. 30 amp breakers for safety lighting(120V metered). 3. Safety lighting contactor and test switch. The eighth paragraph shall be amended to read: Service equipment enclosures shall be fabricated from aluminum and conform to the requirements of§86-3.07A, "Cabinet Construction." Service equipment enclosures shall be provided with a baked enamel finish coat, white in color and a method of securing the enclosure utilizing a padlock. With a City-furnished padlock in place, it shall not be possible to force entry into the enclosure by hand without the use of tools. Service enclosures shall conform to City of Huntington Beach Standard Plan No.s 402 A-D, unless shown otherwise on the plans. Standard traffic signal installations will utilize the service pedestal shown in City of Huntington Beach Standard Plans 402 A&B unless shown otherwise on the plans. The eleventh paragraph shall be amended to read: The Contractor shall be responsible for applying for and arranging with the serving utility to complete service connections for both temporary and permanent installations, and the Contractor shall pay all costs and fees required by the utility. The twelfth paragraph shall be amended to read: All costs of all electrical energy utilized until the successful completion of the functional testing period(s) for new street lighting and/or traffic signal systems shall be the contractor's responsibility. Upon the successful completion of the functional testing period(s) the subsequent costs of all electrical energy utilized to operate the newly installed system shall be the responsibility of the City. The fourteenth paragraph shall be deleted from this section. .peci.L.93 1 Page 10 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-2.14 Testing 86-2.14A Materials Testing The following shall be added to §86-2.14A: For city funded or administered projects, the city will be responsible for the costs of the initial soil and geotechnical material tests. The costs of all subsequent soil or geotechnical material tests deemed necessary due to the failure of the initial tests shall be the responsibility of the contractor. The contractor shall be responsible for the costs of all soil and geotechnical materials testing for privately funded projects, as required by the Engineer. The second sentence of the first paragraph shall be amended to read: The costs of all equipment and materials testing, except as noted otherwise in this section, shall be the contractor's responsibility. The fourth paragraph shall be amended to read: The contractor shall allow 30 days for material and equipment testing from the date the material or equipment is delivered to the test site. When the equipment or material being tested has been rejected for failure to comply with these specifications, the contractor shall allow 30 days for subsequent retesting. The retesting period shall begin when the corrected equipment or materials are made available at the test site. The sixth paragraph shall be amended to read: It is the contractor's responsibility to pick up and deliver all required materials and equipment to and from the point of purchase, the test site, and the work site. The city shall not be responsible for pick up or delivery of any materials or equipment unless noted otherwise on the plans or in these specifications. 86-2.14C Functional Testing The first sentence of the fifth paragraph shall be amended to read: The city shall be responsible for the costs of electrical energy for testing of modified, city-owned street lighting and traffic signal systems. specials.93 Page 11 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 The following shall be added to §86-2.14C: The Contractor shall, at his own expense, arrange to have a signal technician, qualified to work on the controller assembly and employed by the controller assembly manufacturer or his representative, present at the time the equipment is turned on. 86-3 Controller Assemblies 86-3.01 Controller Assembly The following shall be added to §86-3.01: Contractor shall furnish the following items as a complete package: 1. Caltrans Model 170E Micro Processor Intersection Controller Unit Assembly, supplied with a Serial Extender Board and two each 1200/2400 Baud Modems (GDI Model 404 or approved equal). The controller assembly shall be configured and jumpered to have all Random Access Memory (RAM) and Programmable Read Only Memory (PROMS) on the Central Processor Unit (CPU) circuit board (configuration No. 2 in the Caltrans Model 170E Operations Manual). The serial extender board shall access ACIA Port No. 4 (COM 4) and shall provide a db 9 (female) plug on the face plate of the serial extender board. The db 9 plug shall be configured for standard IEEE RS232C serial port operations. The removable circuit boards within the intersection controller unit assembly shall be installed individually in a vertical plane, parallel to one another. The Model 170E controller unit assembly, the serial extender board, and 1200/2400 baud modems shall comply with the latest Caltrans Model 170 controller specifications and addendums No. 5 & 6, and the Caltrans letter of understanding dated January 13, 1993. Only manufacturers listed on the current Caltrans Qualified Products List shall be allowed to provide the controller assembly, serial extender board, and modem modules. The preferred manufacturer shall be Peek Traffic/Signal Control Company. 2. BI Tran Systems, Inc. Model 170 Controller Traffic Signal Program 233 (latest edition), one copy per each Model 170E controller assembly supplied. 3. Antares, Inc. 170 To NEMA Adaptor, Model 1000000A (latest version), complete with NEMA D Panel connector, one each per Model 170E controller assembly supplied. .peci&6.v3 t Page 12 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-3.05 Controller Assembly Testing The second sentence of the second paragraph shall be amended to read: A Certificate of Compliance with the approved procedure and a test report signed by a responsible managing employee shall accompany each controller assembly submitted to city for acceptance prior to installation and functional testing in its final location. 86-3.07 Controller Cabinets The following shall be added to §86-3.07: Contractor shall furnish a Type P cabinet with thirty-two(32)vehicle detector connecting cables, conflict monitor and all appurtenant equipment (including load switches and 24 detector amplifiers) necessary to operate eight traffic phases. 86-3.07A Cabinet Construction The following shall be added to §86-3.07A: Cabinet shall be aluminum and painted white. A steel load switch bay shall be provided. 86-3.07B Cabinet Ventilation The first paragraph of §86-3.07B shall be amended to read: Rain tight, screened vent holes shall not be provided. Louvered vents with a permanent metal mesh and 14-inch by 10-inch by 1-inch 4-ply woven polypropylene air filter held firmly in place, which is to permit the fan to pass the volume of air specified, shall be provided in the cabinet door. Air filter support brackets shall have drain holes and the drain holes shall not drain to the outside of the cabinet. spcc".93 f Page 13 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-3.07C Cabinet Wiring The following shall be added to §86-3.07C: Flasher units shall be wired to flash phases 1, 2, 3 and 4 simultaneously and phases 5, 6, 7, and 8 simultaneously. Phases 1, 2, 3, and 4 shall not flash concurrently with phases 5, 6, 7, and 8. Cabinet shall include a NEMA "D" connector. 86-3.07D Cabinet Accessories The following shall be added to §86-3.07D: Labels on detectors and detector cables shall correlate controller phase designations with phase designations shown on the plans. Cabinet shall be furnished with a Detector Systems, Inc. Model DS-217 two position EVP equipment mounting rack, provided in the "flanges in" configuration. �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. .pecink.9s 1 Page 14 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-3.08K Convenience Receptacle The following shall be added to §86-3.08K: The convenience receptacle shall have ground-fault circuit interruption as defined by the National Electrical Code. Circuit interruption shall occur on 6 milliamperes of ground- fault current and shall not occur on less than 4 milliamperes of ground-fault current. 86-3.08L Flasher The third paragraph shall be amended to read: Flasher shall provide 2 output circuits to permit alternate flashing of signal faces and shall be capable of carrying a minimum of 20 amperes per circuit at 120 volts. 86-4 Vehicle Signal Faces and Signal 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. spec".93 2 Page 15 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-4.05 Pedestrian Signals The following shall be added to §86-4.05: Pedestrian signals shall be Indicator Controls Corp. Model 4094B or approved equal, with clamshell mounting and Z-crate type screen. All pedestrian signal housings shall be aluminum. All pedestrian signal screens shall be plastic. All exposed and interior fasteners shall have an anti-seize compound (No-Lox or approved equal) applied before installation. 86-4.06 Signal Mounting Assemblies The following shall be added to §86-4.06: All exposed and interior fasteners shall have an anti-seize compound (No-Lox or approved equal) applied before installation. The fourth sentence of the first paragraph is amended to read: Post top slip-fitters, mast arm slip fitters, and terminal compartments shall be cast bronze. 86-5 Detectors 86-5.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. specia6.93 Page 16 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-5.01A(4) Construction Materials The following shall be added to §86-5.01A(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. spe cisk.93 t 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. sp=".93 Page 18 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 Sign Materials: The sign panel shall be 0.080-inch thick new sheet aluminum alloy 3003-H14 or 5052-H32. The sign panel shall have shear-trimmed or roll-slit edges with workman-like quality. The corners of the sign panel shall be 3-inch radius. Four 0.375-inch diameter sign attachment holes shall be provided in each sign. The sign attachment holes shall be in the positions specified on City of Huntington Beach Standard Plan No. 404B, with the 'A' dimension of 13 inches. The mounting holes shall be 4-inches in-board of the outside vertical edge of the sign and generally conform to the positions shown on Standard Plan 404B. The signs shall be attached to the mounting brackets with 0.375-inch diameter stainless steel bolts with two stainless steel cut flat washers and secured with stainless steel Nylock' nylon locking nuts. Two types of sign facing materials and application methods are acceptable. Method A: White 3M Diamond Grade (or City-approved equal) prismatic sheeting shall be applied to the entire sign panel face. The sign message shall be cut into a non-reflective translucent film mask which shall be applied over the reflective sheeting. The color of the non-reflective translucent film shall be Federal Highway Blue. The translucent film shall be 3M Translucent Film or City-approved equal. Method B: Federal Highway Blue 3M Diamond Grade (or City-approved equal) prismatic sheeting shall be applied to the entire sign panel face. The sign message and border shall consist of White 3M Diamond Grade (or City- approved equal) prismatic sheeting applied to the Federal Highway Blue background. 86-9 Street Lighting, General This section shall be an addition to the sections present in Section 86 of the Caltrans July, 1992 Standard Specifications. City-owned street lighting systems shall be constructed utilizing the previous special provisions and the following material and construction specifications: spw".93 Page 19 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 Non-arterial Streets: Non-arterial streets shall be any street not shown on the current Orange County Master Plan of Arterial Highways. Street lighting poles shall be Ameron Catalog No. 6C1-17F6 (or approved equal). When the plans specify 70 Watt High Pressure Sodium Vapor (HPS)Luminaires, one of the 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 s Page 21 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 For privately funded projects, all costs associated with design, encroachment permit applications, inspections, installation of street lighting equipment, materials, or labor associated with the street lighting installations or modifications shall be the contractor's responsibility. specials.93 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. sp=".93 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. AJF558 16 S A M P L E C 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 AJF558 17 S A M P L E Y 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 AJF558 18 S A M P L E