HomeMy WebLinkAboutCity-Wide Spread Spectrum Radio Traffic Communications Syste ( 41t:o fa 0 � � �- 0PcJ
Council/Agency Meeting Held: 7 y
Deferred/Continued to:
Q'Approved Conditi Wally pproved 0 Denied City Cle Signature
Council Meeting Date: September 2, 1997 Department 1D Number. 97-069
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator
PREPARED BY: tgES M. JONES 11, Director of Public Works
SUBJECT: CITY-WIDE SPREAD SPECTRUM RADIO TRA
COMMUNICATIONS SYSTEM, PHASE II, CC-1052;
AUTHORIZATION TO ADVERTISE
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis, nvironmental Status,Attachments)
Statement of Issue: Plans and Specifications for the City-Wide Spread Spectrum Radio
Traffic Communications System, Phase 11, (CC-1052) are complete and City Council
approval is required to advertise the project.
Funding Source: Funds for the project are OCTA Measure M Signal Improvement Program
(SIP) funds and City Measure M Local Turnback funds. The City Gas Tax funds for this
project are available and budgeted for in Account No. E-SX-PW-415-6-43-00. The
engineer's probable construction cost estimate for the project is $64,000.
Recommended Action: Motion to:
1) Approve the plans and specifications for the City-Wide Spread Spectrum Radio
Traffic Communications System, Phase II, (CC-1052) and authorize the Director of
Public Works to advertise the project;
2) Approve the attached sample construction contract, subject to award of contract
Council approved lowest responsible bidder; and
3) Approve the purchase of the Spread Spectrum Communications Cable for this
construction project.
Altemative Actions :
1) Approve the plans and specifications but do not advertise to bid.
2) Do not approve the "sample contract" for the project.
3) Do not approve the advance purchase of the Spread Spectrum Communications
Cable.
4) Do not approve the plans and specifications and direct staff with regards to the
Measure M Signal Improvement Program funds.
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CONTRACTOR will be granted an extension of time and will not be assessed
damages for any portion of the delay in completion of the work due to unforeseeable causes
beyond the control and without the fault or negligence of CONTRACTOR, including, but not
restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine
restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes.
CONTRACTOR shall,within fifteen (15) days from the beginning of any such
delay (unless the DPW shall grant a further period of time prior to the date of final settlement
of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend
the time for completing the work if, in its judgment, the findings of fact thereon justify the
delay; and the decision of the DPW shall be conclusive on the parties hereto.
Should CONTRACTOR be delayed in the prosecution or completion of the work
by the act, neglect or default of CITY. or should CONTRACTOR be delayed waiting for
materials required by this Agreement to be furnished to CITY, or by damage caused by fire or
other casualty at the job site for which CONTRACTOR is not responsible, or by the combined
action of the workers, in nowise caused by or resulting from default or collusion on the part of
CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the
completion of the work shall be extended by the number of days the CONTRACTOR has thus
been delayed, but no allowance or extension shall be made unless a claim therefor is
presented in writing to CITY within fifteen (15) days of`the commencement of such delay.
No claims for additional compensation or damages for delays, Irrespective of
the cause thereof, and including without limitation the furnishing of material by CITY or delays
by other contractors or subcontractors,will be allowed and said extension of time for
completion shall be the sole remedy of CONTRACTOR.
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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;
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(2) Time Extension: No claim of the CONTRACTOR under this Section
shall be allowed unless the CONTRACTOR has given the notice required hereunder,
provided, however, the time prescribed therefor may be extended by CITY.
13. VARIATIONS IN ESTIMATED QUANTITIES
The quantities listed in the bid schedule will not govern final payment. Payment
to the CONTRACTOR will be made only for the actual quantities of contract items used In
construction of the PROJECT, in accordance with the4�lans 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
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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 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 m2nner required by law, each payment to
be accompanied by a certificate signed by the DPW, affirming that the work for which
payment is demanded has been performed in accordance with the terms of the Agreement
and that the amount stated int. certificate Is due under the terms of the Agreement. Partial
payments on the contract price shall not be considered as a acceptance of any part of the
work.
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15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES
At the request and expense of CONTRACTOR,who shall retain beneficial
ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit
therewith of securities equivalent to the amount of any monies withheld by CITY to ensure
performance under the terms of this Agreement,
16. AFFIDAVITS OF SATISFACTION OF CLAIMS
After the completion of the work contemplated by this Agreement,
CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons
employed, all firms supplying materials and all subcontractors upon PROJECT have been
paid in full and that there are no claims outstanding against PROJECT for either labor or
material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or
Items in connection with Notices to Withhold which have been filed under the provisions of the
statutes of the State of California.
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, officials, employees and atjents from and against any and all
liability, claims, damages, losses, expenses,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, caused in whole or in part by any negligent
act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be liable, Including but
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not limited to, concurrent active or passive negligence except where caused by the active
negligence, sole negligence, or willful misconduct of the City. CONTRACTOR will conduct all
defense at its sole cost and expense.
19. WORKERS COMPENSATION INSURANCE
Pursuant to California Labor Code section 1861, CONTRACTOR
acknowledges awareness of section 3700 et seq. of said Code,which requires every
employer to be insured against liability for workers compensation; CONTRACTOR covenants
that it will comply with such provisions prior to commencing performance of the work
hereunder.
CONTRACTOR shall maintain workers compensation insurance in an amount
of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each
occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each
employee, Two Hundred Fifty Thousand Dollars ($280,000) bodily Injury by disease, policy
limit.
CONTRACTOR shall require all subcontractors to provide such workers
compensation insurance for all of the subcontractors' employees. CONTRACTOR shall
furnish to CITY a certificate of waiver of subrogation under the terms of the workers
compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive
subrogation.
20. INSURANCE
In addition to the workers compensation insurance and CONSULTANT's
covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY, a policy of
general public liability insurance, including motor vehicle coverage covering the PROJECT.
Said policy shall indemnify CONSULTANT, its officers, agents and employees,while acting
Within the scope of their duties, against any and all claims of arising out of or in connection
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REQUEST FOR ACTION
MEETING DATE: September 2, "1997 DEPARTMENT ID NUMBER: 97-069
Analysis: Phase 11 of the City Wide Spread Spectrum Radio Traffic Communications
Systems, involves the following at thirty-nine intersections: 1) installation of coax cable
from the traffic signal pole to the controller cabinet; and 2) installation of the cylink antenna
onto the traffic signal pole.
With the completion of Phase ll of this project, thirty-nine of the traffic signals within the City
will be able to be monitored and can have traffic signal timing parameters changed from City
Hail. The engineer's estimated cost is $64,000.
At the June 16, 1997, City Council Meeting, the Council authorized the following: 1)
Appropriation of $250,000 for the purchase and installation of Spread Spectrum Radio
equipment for the City-Wide Traffic Signal Communications System; and 2) Authorized the
purchase of Spread Spectrum Radio equipment from the Cylink Corporation for$186,000.
Environmental Status: This project is categorically exempt pursuant to the California
Environmental Quality Act, Section 15301(c).
Attachment(si:
City Clerk's
Page Number
1 Sam le Contract
2 Sample Intersection Drawing, One Pacific Plaza at Center Drive
3 1 Summary of Cable and Antenna Locations
RCA Author. J.Ottersonitae
0027307.01 -2- 08/20/97 9:12 AM
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ATTACHMENT 1
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Sample
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR THE INSTALLATION OF THE CITY-WIDE SPECTRUM
RADIO TRAFFIC SIGNAL COMMUNICATIONS SYSTEM (CC 1052)
THIS AGREEMENT, made and entered into this day of
19_, by and between the City of Huntington Beach, a
municipal corporation of the State of California, hereinafter referred to as"CITY", and
a California corporation, hereinafter referred to as
"CONTRACTOR."
WHEREAS. CITY has solicited bids for a public works project, hereinafter referred to
as"PROJECT," more fully described as the Installation of the City-wide spectrum radio traffic
signal communications system in the City of Huntington Beach; and
CONTRACTOR has been selected to perform said services,
NOW,THEREFORE, in consideration of the promises and agreements hereinafter
made and exchanged, the parties covenant and agree as follows:
1. STATEMENT OF WORK:ACCEPTANCE OF RISK
CONTRACTOR shall fumish, 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 irt-a good and workmanlike manner.
CONTRACTOR agrees to assume the risk of all loss or damage arising out of the
nature of the PROJECT, during its progress or prior to acceptance, from the action of the
elements, from any unforeseen difficulties which may arise or be encountered in the
prosecution of work, and for all other risks of any description connection with the work,
Including, but not limited to, all expenses incurred by or in consequence of the suspension or
discontinuance of work, except such as are herein expressly stipulated to be borne by CITY,
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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;
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 1995 edition of Standard Specificafioris forPubrc Works
Construction, published by Builders` News, Inc., 3055 Overland Avenue, Los Angeles, CA
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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 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
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within Sixty(60) consecutive calendar days from the day the"Notice to Proceed"is issued by
DPW, excluding delays provided for in this Agreement.
5. TIME OF THE ESSENCE
The parties hereto recognize and agree that time is of the essence in the
performance of this Agreement and each and every provision of the Contract Documents.
CONTRACTOR shall prepare and obtain approval as required by the Contract
Documents for all shop drawings, details and samples, and do all other things necessary and
incidental to the prosecution of its work in conformance with the progress schedule set forth in
the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other
contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will
facilitate the efficient completion of the PROJECT and in accordance with the terms and
provisions of this Agreement. CITY shall have complete control of the premises on which the
work is to be performed and shall have the right to decide the time and order in which the
various portions of the work shall be performed 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 id"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.
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When directed to change the work, CONTRACTOR shall submit immediately to
the DPW a written cost proposal reflecting the effect of the change. Should the DPW not
agree to such cost proposal, the work shall be performed according to the changes ordered in
writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost
and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an
adjusted change order to CONTRACTOR and the contract price will be adjusted upward or
downward accordingly.
7. NOTICE TO PROCEED
No work, services, material, or equipment shall be performed or furnished
under this Agreement unless and until a Notice to Proceed has been given to the
CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date
the Notice to Proceed is issued. In event of a delay in commencement of the work due to
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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.
B. BONDS
CONTRACTOR shall, prior to entering upon the performance of this
Agreement, furnish the following three bonds approved by the City Attorney: One in the
amount of one hundred percent of the contract price to guarantee the CONTRACTOR's
faithful performance of the work: one in the amount of one hundred percent of the contract
price to warrant such performance for a period 9f one (1)year after CITY's acceptance
thereof; and one in the amount of one hundred percent of the contract price to guarantee
payment of all claims for labor and materials furnished.
9. WARRANTIES
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The CONTRACTOR unconditionally guarantees all work done under this
Agreement including, but not limited to, any workmanship, installation, fabrication, material or
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structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of
any defect in the work, shall have the option to make appropriate repairs or replace the
defective item or items. Upon expiration of such ten (10) day period, CITY may then make
appropriate repair or replacement at CONTRACTOR's risk and expense.
10. INDEPENDENT CONTRACTOR
It is understood and agreed that the CONTRACTOR is, and shall be, acting at
all times hereunder as an independent contractor and not and employee of CITY.
CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all
taxes, social security, state disability insurance compensation, unemployment compensation
and other payroll deductions for CONTRACTOR and its officers, agents and employees and
all business licenses, if any, in connection with the PROJECT.
11. LIQUIDATED DAMAGES/DELAYS
It is agreed by the parties hereto that in case the total work called for hereunder
is not in all parts and requirements finished or completed within the number of calendar days
as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical
and extremely difficult to ascertain and determine the actual damage which CITY would
sustain in the event of and by reason of such delay; it is, therefore, agreed that
CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Two
Hundred Fifty Dollars ($250) per day for each and ev&y working day's delay in completing the
work in excess of the number of working/calendar days set forth herein, which represents a
reasonable endeavor by the parties hereto to estimate a fair compensation for the
foreseeable losses CITY would sustain in the event of and by reason of such delay; and
CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY
may deduct the amount thereof from any monies due or that may become due to
CONTRACTOR hereunder.
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with the PROJECT, and shall provide coverage in not less than the following amount:
combined single limit bodily Injury and property damage, including products/completed
operations liability and blanket contractual liability, of$1,000,000 per occurrence.,If coverage
is provided under a form which includes a designated general aggregate limit, the aggregate
limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and
employees as Additional Insureds, and shall specifically provide that any other insurance
coverage which may be applicable to the PROJECT shall be deemed excess coverage and
that CONSULTANTS insurance shall be primary.
21. CERTIFICATES OF INSURANCE;ADDITIONAL INSURED ENDORSEMENTS
Prior to commencing performance of the work hereunder, CONSULTANT 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; shall state that the policy is currently
in force; and shall promise to provide that such policies will not be canceled or modified
without thirty(30) days prior written notice of CITY.
CONSULTANT shall maintain the foregoing insurance coverages in force until
the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverages shall not
derogate from the provisions for indemnification of CITY by CONSULTANT under the
Agreement. CITY or its representative shall at all times have the right to demand the original
or a copy of all said policies of insurance. CONSULTANT shall pay, in a prompt and timely
manner, the premiums on all insurance hereinabove required.
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22. DEFAULT AND TERMINATION
If CONTRACTOR fails or refused to prosecute the work hereunder with
diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or
makes an assignment for the benefit of creditors or becomes insolvent, or violates any
provision of this Agreement or the contract documents, CITY may give notice in writing of its
intention to terminate this Agreement. Unless the violation is cured within ten (10) days after
such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to
any other remedy it may have, terminate this Agreement upon the expiration of that time.
Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in
such event CITY may make good the deficiency in which the default consists and deduct the
resulting costs from the progress payments then or to become due to CONTRACTOR.
23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONTRACTOR agrees that upon completion of the work to be performed
hereunder, or upon earlier termination of this Agreement, all original plans, specifications,
drawings, reports, calculations, maps and other documents pertaining to this Agreement shall
be delivered to CITY and become its sole property at no further cost.
24. NON-ASSIGNABILITY
CONTRACTOR shall not sell, assign, transfer, convey or encumber this
Agreement, or any part hereof, or any right or duty crated 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 Calrfomia Govemment Code sections
1090 et seq.
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26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS
CITY shall be entitled to reasonable administrative costs and attorney fees,
costs and necessary disbursements arising out of the processing of Stop Notices, Notices to
Withhold, or any similar legal document. Said obligation shall be provided for in the labor and
materials payment bond required of CONTRACTOR. CITY may charge an administrative fee
of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of
whether or not CITY is named in an action to enforce such stop notices. CITY may set off any
unreimbursed cost or expense so incurred against any sum or sums owed by CITY to
CONTRACTOR under this Agreement.
27. NOTICES
All notices required or permitted hereunder shall be delivered in person or by
registered or certified mail to an authorized representative of the party to whom delivery is to
be made, at the place of business of such party, or to any other place designated in writing by
such party.
28. CAPTIONS
Captions of the section of this Agreement are for convenience and reference
only, and the words contained therein shall in no way be held to explain, modify, amplify or aid
in the interpretation, construction or meaning of the provisions of this Agreement.
29. IMMIGRATION 46
CONTRACTOR shall be responsible for full compliance with the immigration
and naturalization laws of the United States and shall, in particular, comply with the provisions
of U.S.C. Section 1324a regarding employment verification.
30. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONTRACTOR and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside
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the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel
for CITY; and CITY,shall not be liable for payment of any legal services expenses incurred by
CONTRACTOR.
31. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and provisions
of this agreement or to secure the performance hereof, each party shall bear its own
attorney's fees.
REST OF PAGE NOT USED
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32. ENTIRETY
The foregoing, and Exhibit"A": attached hereto, set forth the entire Agreement
between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above written.
CONTRACTOR: CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
California
By:
print name
ITS: (circle one)Chairman/President/Vice President Mayor
AND ATTEST:
By:
print name City Clerk
ITS: (circle one)Secretary/Chief Financial APPROVED AS TO FORM:
OfficerlAsst. Secretary-Treasurer /�
�'1 11q#- City Attorney
REVIEWED AND APPROVED: 7l3
INITIATED AND APPROVED:
City Administrator
Director of Public Works
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Sample
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR THE INSTALLATION OF THE CITY-WIDE SPECTRUM
RADIO TRAFFIC SIGNAL COMMUNICATIONS SYSTEM (CC 1052)
TABLE OF CONTENTS
Page No.
1. STATE OF WORK;ACCEPTANCE OF RISK 1
2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2
3. COMPENSATION 3
4. COMMENCEMENT OF PROJECT 3
S. TIME OF THE ESSENCE 4
6. CHANGES 4
7. NOTICE TO PROCEED 5
8. BONDS 5
9. WARRANTIES 5
10. INDEPENDENT CONTRACTOR 6
11. LIQUIDATED DAMAGES/DELAYS 6
12. DIFFERING SITE CONDITIONS ' 7
13. VARIATIONS IN ESTIMATED QUANTITIES 8
14. PROGRESS PAYMENTS 9
15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9
16. AFFIDAVITS OF SATISFACTION OF CLAIMS 10
17. WAIVER OF CLAIMS 10
18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10
19. WORKERS COMPENSATION INSURANCE 11
20. INSURANCE 11
21. CERTIFICATES OF INSURANCE;ADDITIONAL INSURED 12
22. DEFAULT&TERMINATION 13
23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 13
24. NON-ASSIGNABILITY �, 13
25. CITY EMPLOYEES AND OFFICIALS 13
26. STOP NOTICES 14
27. NOTICES 14
28. CAPTIONS ; 14
29. IMMIGRATION 14
30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 15
31. ENTIRETY 16
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a ,,�,�, 74. FILE NAME: G:\ACAD\CTUNK\CCr-CEvr.0WG
PREPARED UNDER THE SUPERVISION OF: CITY OF H U NTI N GTO N BEACH
DEPARTMENT OF PUBLIC WORKS
JAMES D. OTIERSON, TRAFFIC ENGINEER TRAFFIC SIGNAL COMMUNICATIONS SYSTEM FIELD
R.C.E. No.: 38580 R.T.E. No.: 1578 ONE PACIFIC PLAZA AT CENTER DRIVE 1104 MASTER
If 1
CONSTRUCTION NOTES:
a TRAFFIC SIGNAL AND HIGHWAY LIGHTING CONSTRUCTION SHALL CONFORM
TO THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION.
STANDARD PLANS AND SPECIFICATIONS (SECTION 86), 1992 EDITION, AND
THE CITY OF HUNTINGTON BEACH STANDARD SPECIAL PROVISIONS FOR
TRAFFIC SIGNAL AND STREET LIGHTING CONSTRUCTION, 1997 EDITION.
2� EXISTING EQUIPMENT SHALL BE PROTECTED IN PLACE. ANY DAMAGES
INCURRED BY THE CONTRACTOR SHALL BE REPLACED AT THE
CONTRACTOR'S EXPENSE PER THE CITY OF HUNTINGTON BEACH STANDARD
SPECIAL PROVISIONS .1997 EDITION.
3l THE CONTRACTOR SHALL MAINTAIN THE TRAFFIC SIGNAL OPERATION
THROUGHOUT THE MODIFICATION.
41 CONDUCTOR SCHEDULE IS FURNISHED AS AN INSTALLATION GUIDELINE
ONLY.
E5 INSTALL COAX CABLE (CITY FURNISHED). CABLE SHALL NOT BE SPLICED.
F6 AT POLE LOCATION 1. INSTALL CITY FURNISHED CYLINK ANTENNAE ON
LUMINAIRE MAST ARM. (POLE 1. TYPE 19-4-80. HT. = 35'. SMA = 30'. LMA = 12').
a INSTALL NEW CAME THROUGHOUT.
F 71 CONDUCTOR SCHEDULE
POLE AWC CIRCUIT
03,08,04P,06PPB,048PB
06 06P 04PPB
C 06 02P 04PPB 02BPB t/t t/t t/1 t/1 s/t
C.) NOT USED
.., 04,07 04P,02PPB 1/1 0 1/t 1/1
N 04 07 08P 02PPB 08BPB
G 02 02P 08P
I 102,06P,08PP8,06BPB
03,08,08P,06PPB t/1
TOTAL Y5 414 2121111211 2121818
02 1 1 1 11 1
03 1 1 3
04 3 3
DLC ` 06
07 1 1
08 3 3 3
TOTAL 6 511 11 4 10
oI LUMINAIRE 2 2121 2 14
TOTAL 2 2 21 ±ftt
EVE CABLE 2 2CYLINK CABLE
PREPARED UNDER THE SUPERVISION OF: CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
JAMES D. OTTERSON, TRAFFIC ENGINEER TRAFFIC SIGNAL COMMUNICATIONS SYSTEM FIELD
R.C.E. NO.: 38580 R.T.E. No.: 1 spa ONE PACIFIC PLAZA AT CENTER DRIVE #104 MASTER
v �
ATTACHMENT 3
CITY-WIDE SPREAD SPECTRUM
RADIO TRAFFIC COMMUNICATIONS SYSTEM
PHASE Il
CC-1052
ATTACHMENT#3
Intersection No. Field Master No. 'I Intersection No. Field Master No.7
1 Springdale/McFadden 20 Newland/Ellis
2 Springdale/Marina H.S. 21 Newland/Hell
3 Springdale/Hell 22 Newland/Slater
4 McFadden/Edwards 23 Newland/Garfield
5 McFadden/Gothard 24 Newland/Yorktown
25 NewlandlIndianapolis
Field Master No.2 26 Newland/Atlanta
6 Center/Plaza 27 Newland/Talbert
7 Gothard/Heil
8 Gothard/Slater Field Master No.8
9 Gothard/Talbert 28 Main/17th/Utica
10 GothardlCenter 29 MainlAdams
30 Main/6th/Frankfort
Field Master No.3 31 Yorktown/Lake
11 Edinger/Parkside 32 Main/Yorktown
33 Main/Ellis
Field Master No.4
12 Boisa Chica/Edinger Field Master No.9
13 Wamer/Algonquin 34 Garfield/Ward
14 Wamer/Fire Station .
Field Master No.10
Field Master No.5 35 Magnolia/Yorktown
15 GoldenwestlSlater
16 Golden West/Palm Field Master No. 11
17 Gothard/Ellis 36 AtiantalMiramarlGreenfeld
37 Busbard/Indianapolis
38 Bushard/Yorktown
Field Master No.6 39 Bushard/Hamilton
18 Edwards/Heil
19 Edwards/Slater
�Z721t F
COVER PAGE
REQUEST FOR LATE SUBMITTAL
(To accompany RCA)
c
Department: Public Works Subject Comm. System Authorization to Adve ti e
Council Meeting Date: Sept. 2, 1997 FDate of This Request. Aug. 21 1997
REASON (Why is this RCA being submitted late?):
The Department Head returned from vacation on Tuesday, Aug. 19th, not seeing his
signature file with the attached RCA enclosed. The Administrative Assistant was
out ill on Wednesday when RCA's were due which resulted in the RCA not being taken
upstairs.
EXPLANATION (Why is this RCA necessary to this agenda?):
CONSEQUENCES How shall delay of this RCA adversely impact the City?):
Traffic signal coordination would be delayed until this project was completed.
Sig ture: 6j O Approved O Denied Approved D Denied
Initials .,
Required ,a
De art nt ead Ass . ity Administrator City Administrator
REaLATEMOc 11711AM
V
RCA ROUTING SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: CITY-WIDE SPREAD SPECTRUM RADIO TRAFFIC
COMMUNICATIONS SYSTEM, PHASE II, CC-1052;
AUTHORIZATION TO ADVERTISE
COUNCIL MEETING DATE: September 2, 1997
RCA ATTACHMENTS STATUS
Ordinance (wlexhibits & legislative draft if applicable) Not Applicable
Resolution wlexhibits & le islative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Attached
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbud et, over $5,000) Not Applicable
Bonds If a licable Not Applicable
Staff Report if applicable) Not Applicable
Commission, Board or Committee Report If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED ;RETURNED FO,RVffi D
Administrative Staff
Assistant City Administrator Initial R/
City Administrator(initial)City Clerk _
EXPLANATION FOR RETURN OF ITEM:
Only)(Below Space For City Clerk's Use