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TSR Construction and Inspections-2019-33
2019-33 PUBLIC WORKS AGREEMENT By and Between CITY OF GRAND TERRACE and TSR CONSTRUCTION AND INSPECTIONS ni')n'7nnrui4mu'71 z AGREEMENT FOR PUBLIC WORKS SERVICES BETWEEN THE CITY OF GRAND TERRACE AND TSR CONSTRUCTION AND INSPECTIONS This AGREEMENT FOR PUBLIC WORKS SERVICES (herein "Agreement") is made and entered into this 22nd day of October, 2019 by and between the City of Grand Terrace, a California municipal corporation ("City") and TSR Construction and Inspections, a California corporation ("Contractor"). City and Contractor may be referred to, individually or collectively, as "Party" or"Parties." RECITALS A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement. B. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services. C. Pursuant to the City of Grand Terrace Municipal Code, City has authority to enter into and execute this Agreement. D. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows: ARTICLE 1. WORK OF CONTRACTOR 1.1 Scope of Work. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Work" attached hereto as Exhibit "A" and incorporated herein by this reference, which may be referred to herein as the "services" or "work"hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the work required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For -1- n��n�nnrui�mu��z purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Bid Documents. The Scope of Work shall include the "General Provisions" and "Special Provisions" in the bid documents for the project entitled "Preston/Barton Road Signal Modification Project" ("Project"), including any documents, addenda, or exhibits referenced therein (collectively, "bid documents"), all of which are incorporated herein by this reference. In the event of any inconsistency between the terms of the bid documents and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. Contractor shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered. 1.4 Compliance with California Labor Law. (a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a "public work" as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation. (b) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement. (c) Penalty for Failure to Pav Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. -2- AMA7 AnNOfnIQ71 z (d) Pavroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eiaht-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. (g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half(1'/2)times the basic rate of pay. (h) Workers' Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Contractor's Authorized Initials G--0, (i) Contractor's Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for -3- nMA7 nnnt;4nIS271 1 such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor. 1.5 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder. 1.6 Familiarity with Work. (a) By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. (b) Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health& Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown or latent conditions, materially different from those indicated; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, and will materially affect the performance of the services hereunder. (c) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work, shall issue a change order per Section 1.10 of this Agreement. (d) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, -4- OMAI nnnAiu7u'71 z Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties. (e) City will compensate Contractor to the extent required by Government Code Section 4215 by issuing a change order per Section 1.10 of this Agreement. 1.7 Protection and Care of Work and Materials. The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City's own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work. 1.8 Warranty. Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its -5- n17A7 nnn4/Kn7Q71 1 obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. 1.9 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.10 Additional Work and Change Orders. (a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor ("Change Order"). All Change Orders must be signed by the Contractor and Contract Officer prior to commencing the extra work thereunder. (b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days; and does not materially affect the Work and which are not detrimental to the Work or to the interest of the City, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Schedule of Compensation in Exhibit "C". If the rates in the Schedule of Compensation do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Contract Officer. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows: (i) Labor: the cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted. (ii) Materials and Equipment: the cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. -6- 011A'7 AM4141)'71271 1 (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City's sole and absolute discretion, waive the Contractor's rights for that day. (d) It is expressly understood by Contractor that the provisions of this Section 1.10 shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. (e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. 1.11 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit `B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of Exhibit`B" shall govern. ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT. 2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Eighty Two Thousand Dollars ($82,000) (the "Contract Sum"),unless additional compensation is approved pursuant to Section 1.10. 2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services less the contract retention; (iii) payment for time and materials based upon the Contractor's rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation. -7- m�n�nnn�i�mu�i z 2.3 Reimbursable Expenses. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings. 2.4 Invoices. Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City's Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit "C", and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Contractor shall not invoice City for any duplicate services performed by more than one person. City shall, as soon as practicable, independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor's correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law. 2.5 Waiver. Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor. -8- n17A7 nM4/9n'7u71 1 ARTICLE 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty(180) days cumulatively. 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section. 3.4 Inspection and Final Acceptance. City may inspect and accept or reject any of Contractor's work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor's work within forty-five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City's acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively. 3.5 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not -9- ni�n�nnrui�mQ�i z exceeding one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit"D"). ARTICLE 4. COORDINATION OF WORK 4.1 Representatives and Personnel of Contractor. The following principals of Contractor ("Principals") are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Gabriel Zan_irtan President (Name) (Title) (Name) (Title) (Name) (Title) It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor's staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor's staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. 4.2 Status of Contractor. Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor's officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Contractor expressly waives any claim Contractor may have to any such rights. -10- l117A7 M!1!.A Mf271 Z 4.3 Contract Officer. The Contract Officer shall be the City Manager or such person as may be designated by the City Manager. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor's expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. -11- n»n�nnrui�mQ�i� ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance Coverages. Without limiting Contractor's indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. (a) General liabilitv insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. (b) Automobile liabilitv insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liabilitv (errors & omissions) insurance. Contractor shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of$1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers' compensation insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least$1,000,000). (e) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit`B". 5.2 General Insurance Requirements. (a) Proof of insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification -12- n1'7n7(1nnA/An7471 7 of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (b) Duration of coverage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. (c) Primarv/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured. (d) Citv's rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. (f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. (g) Enforcement of contract provisions (non-estonnell_. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given -13- 0MA7M1L41A1Y7471 Z issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. 0) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (1) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Contractor agrees to ensure that its subcontractors and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. (n) Agencv's right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation. (o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (p) Timely notice of claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. -14- n 17A'7 nnM/KMQ 7I 1 (q) Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 5.3 Indemnification. To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents ("Indemnified Parties") against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable ("indemnitors"), or arising from Contractor's or indemnitors' reckless or willful misconduct, or arising from Contractor's or indemnitors' negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. In addition, Contractor agrees to indemnify, defend and hold harmless the Indemnified Parties from, any and all claims and liabilities for any infringement of patent rights, copyrights or trademark on any person or persons in consequence of the use by the Indemnified Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor is not the patentee or assignee or has not the lawful right to sell the same. Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful -15- n17A7 Mnr,/41)7Q71'I act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services and work hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City's sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City's negligence, except that design professionals' indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement. 5.4 Notification of Third-Party Claims. City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification. 5.5 Performance and Labor Bonds. Concurrently with execution of this Agreement Contractor shall deliver to the City, the following: (a) A performance bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement. (b) A labor and materials bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement. Both the performance and labors bonds required under this Section 5.5 shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement and pays all labor and materials for work and services under this Agreement. 5.6 Sufficiency of Insurer or Surety. Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best's Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City ("Risk Manager") due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 5.5 may be changed accordingly upon receipt of written notice from the Risk Manager. -16- n17n7 nnnA/4n7f271 1 5.7 Substitution of Securities. Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent securities for any funds withheld to ensure performance under this Agreement may be permitted at the request and sole expense of the Contractor. Alternatively, the Contractor may, pursuant to an escrow agreement in a form prescribed by Public Contract Code Section 22300, request payment of retentions funds earned directly to the escrow agent at the sole expense of the Contractor. 5.8 Release of Securities. City shall release the Performance and Labor Bonds when the following have occurred: (a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement; (b) the Work has been accepted; and (c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Labor Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law. ARTICLE 6. RECORDS, REPORTS,AND RELEASE OF INFORMATION 6.1 Records. Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the "books and records"), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor's business, custody of the books and records may be given to City, and access shall be provided by Contractor's successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act. -17- M'7A7 AnW4n'74'71 Z 6.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the "documents and materials") prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and Contractor's guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as "works made for hire" as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed "works made for hire" for the City. 6.4 Confidentiality and Release of Information. (a) Information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. (b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed -18- nI'7A7 Mn414nZQ71 2 under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys' fees, caused by or incurred as a result of Contractor's conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION 7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of San Bernardino, State of California. 7.2 Disputes. (a) Default; Cure. In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall proceed with payment on the invoices only when the default is cured. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Contractor's default shall not be deemed to result in a waiver of the City's legal rights or any rights arising out of any provision of this Agreement. -19- nI1A'7 nnn4/4n'7Q 71 7 (b) Dispute Resolution. This Agreement is subject to the provisions of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the Contractor, for the response to such claims by the City, for a mandatory meet and confer conference upon the request of the Contractor, for mandatory non-binding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein. 7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor's acts or omissions in performing or failing to perform Contractor's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. -20- nt�n�nnruilmu�t z 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement. 7.7 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of Two Hundred Fifty Dollars ($250.00) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit "D"). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities. 7.8 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days' written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days' written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the -21- 0MA7 nM A/(JY7471 1 work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.10 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 7.11 Unfair Business Practices Claims. In entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act(15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City renders final payment to the Contractor without further acknowledgment of the Parties. ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor's performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. -22- 01747 M71A74n7Q71 2 No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class. 8.4 Unauthorized Aliens. Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City. ARTICLE 9. MISCELLANEOUS PROVISIONS 9.1 Notices. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Grand Terrace, 22795 Barton Road, Grand Terrace, California 92313, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. All correspondence relating to this Agreement shall be serialized consecutively. -23- n17A7 M IA/FnIQ71 Z 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 9.5 Severability. In the event that any one or more of the phrases, sentences, clauses,paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.6 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of "financial interest" shall be consistent with State law and shall not include interests found to be "remote" or "noninterests" pursuant to,Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third parry including, but not limited to, any -24- n��n�nnrui�mQ�i z City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect. Contractor's Authorized Initials, 19 9.7 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] -25- n17A7 Mru/4MQ 71 Z IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. CITY: City of d Terrace, a municipal corporation 4Cit G. Harofd fey, �iager M Debra Thomas, City Clerk APPROVED AS TO FORM: ALESHIR�E&WYND LP Adrian R. Guerra, City Attorney CONTRACTOR: TSR Construction and Inspection, a California corporation By: Name: Gabriel Zapirtan Title: President By: �f Name: /LG PI R /9-1V Title: 5&Ck'C=%,)is"Y Address: 8264 Avenida Leon Rancho Cucamonga, CA 91730 Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR'S BUSINESS ENTITY. -26- M1A'7M1414 7R71 z CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy or validity of that document. STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ��K On (�L� /.(r�t�, 2019 before me�N G NW4 , pers nally appeared �f l()rl j ZAP r, rived to me on the basis of satisfactory evidence to be the person(s)whose names(s) islare subscribed to the within instrument and acknowledged to me that Calie/they executed the same in Qher/their authorized capacity(ies), and that by hi er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. JASON G. THOMAS WITNESS my hand and official seal. i—'s Notary Public-California San Bernardino County z Signature: Commission#2155504 .�_ My Comm.Expires Jun 27,2020 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) O GIMNE� NUMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: (NAME OF PERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVE 01247.0006/607871.3 EXHIBIT "A" SCOPE OF WORK I. Contractor shall perform all of the work and comply with all of the specifications and requirements in the "General Provisions" and "Special Provisions" included in the bid documents for the project entitled the " Preston/Barton Road Sienal Modification Proiect" including any documents, addenda, or exhibits referenced therein. Such bid documents shall include, but not be limited to, the bid specifications and documents contained in Exhibit"A-1." H. Brief description of the work to be performed: i. Task 1: Contractor shall meet with City staff for the purpose of conducting a kick-off meeting for the Project and provide a Project schedule, which shall be approved by City in Writing. ii. Task 2: Contractor shall provide traffic control for the length of the Project and modify as needed to accommodate changes in traffic flow as directed by City staff in writing. iii. Task 3: Contractor to Contractor shall provide dust and water quality control for the Project and modify as needed to accommodate changes weather as directed by City staff in writing. iv. Task 4: Contractor shall furnish and install new left turn indicator for Barton Road, controller and cabinet and any and all related appurtenances for successful operation of the signal (including, but not limited to, any wiring that is required) at the general street intersection identified as Preston Street and Barton Road in Grand Terrace, California. III. In addition to the requirements of Section 6.2, during performance of the work, Contractor will keep the City apprised of the status of performance by delivering status reports as may be required by the City from time to time. IV. All work is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City. V. Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic in accordance with the Work Area Traffic Control Handbook(WATCH), latest edition. 01247.0006/607871.3 A-1 EXHIBIT "A-1" BID SPECIFICATIONS AND DOCUMENTS TECHNICAL SPECIFICATIONS 1.0 GENERAL RROOREMENTS The 2018 Greenbook shall govern the work for this project. All language in the 2018 Greenbook shall remain in full force and effect, unless the language in the prevailing Contract Document specifically cites the section number in the 2018 Greenbook and says said provision is in lieu of that 2018 Greenbook Section 1. The project drawings and details are considered as part of these specifications, and any work or materials shown on the drawings and not mentioned in the specifications, or vice versa, are executed as if specifically mentioned in both. 2.0 MOBILIZATION Mobilization shall conform to the standard specification of the 2018 Greenbook. Mobilization includes expenditures for all preparatory work and operations, including but not limited to, those costs necessary for the movement of personnel, equipment, supplies, and incidental to the project site; for the establishment of all facilities necessary for work on the project; and for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on the project site as well as the related demobilization costs anticipated at the completion of the project. Mobilization shall be paid for at the Contract Lump Sum Price as shown on the Bid Schedule. Fifty percent (50%) of the lump sum price will be paid upon successful move in and completion of mobilization. The remaining fifty percent (50%) shall be paid after the contractor is completely demobilized and all project sites have satisfactorily been restored and the project clean up is completed. 3.0 TRAFFIC CONTROL Traffic Control shall comply with the standard specification of the 2018 Greenbook. Traffic control shall be designed and installed per latest California Manual On Uniform Traffic Control Devices (CA-MUTCD) and local agency requirements. Traffic control equipment including cones, barricades, flashing arrow boards, and signs shall be maintained improper location and working condition 24 hours per day. Contractor shall be responsible for relocation or replacement of equipment at all times to ensure a safe work area for vehicles, pedestrians, and bicyclists. If left overnight, signs in use shall be equipped with flashing beacons. Traffic control equipment not in use shall be removed from the roadway. Signs not in use shall be removed from the roadway and/or covered. Traffic Control shall be paid for at the Contract Lump Sum Price as shown on the Bid Schedule. 4.0 DUST AND STORMWATER PROTECTION Work site maintenance shall comply with standard specification of the 2018 Greenbook section 3-12. Technical Specifications 1 Contractor shall keep the work site clean and free from rubbish and debris. Rubbish and debris collected on the work site shall on be stored in roll-off, enclosed containers prior to disposal. Stockpiles of such will not be allowed. The contractor shall conform to all applicable local, state and Federal regulations and laws pertaining to water pollution control. Technical Specifcadons 2 PART I - GENERAL PROVISIONS SECTION 7-RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES. [Add the following]: A noise level limit of 86 dbA at a distance of fifty feet shall apply to all construction equipment on or related to the job, whether owned by the Contractor or not. The use of excessively loud warning signals shall be avoided except in those cases required for the protection of personnel. 7-2 LABOR 7-2.2 Laws. [Add the following]: The Contractor, and all subcontractors, suppliers and vendors shall comply with applicable Agency, State and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Failure to file any report due under said orders will result in suspension of periodic progress payments. The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers. 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access. [Add the following paragraph]: The Contractor shall assume full responsibility for any damage caused by stockpiling and shall repair same at his expense. The Contractor shall also be responsible for providing traffic control as required to protect the public from hazards caused by stockpiling within the traveled way. Payment for the above, if any, will be deemed as included in the items of work and no additional compensation will be allowed. 7-10.4.1 Safety Orders. [Add the following paragraph]: The Contractor shall comply with the provisions of any Agency ordinances or regulations regarding requirements for the protection of excavations and the nature of such protection. TRAFFIC SIGNAL.LIGHTING&ELECTRICAL SYSTEM All equipment, materials, and components for traffic signal modifications shall conform to the 2018 Caltrans Standard Plans and 2018 Standard Specifications, Section 86, "General" and Section 87 "Electrical Systems" as shown below. These Plans and Specifications are hereinafter referred to as State Standard Plans and State Standard Specifications. Copies of these documents are available from the Caltrans, District 7 office at 100 South Main Street, Los Angeles, California 90012 or from Caltrans, 6002 Folsom Boulevard, Sacramento,California 95819, (916)445-3520. Technical Specifications 3 SECTION 86-GENERAL 86-1.01 GENERAL 86-1.01A Summary Section 86 includes general specifications for furnishing electrical equipment and materials.Electrical equipment and materials must comply with part 4 of the California MUTCD and 8 CA Code of Regs, chapter 4, subchapter 5, "Electrical Safety Orders." Galvanized equipment and materials must comply with section 75-1.02B. 86-1.01B Definitions accessible pedestrian signal: Accessible pedestrian signal as defined in the California MUTCD. accessible walk indication: Activated audible and vibrotactile action during the walk interval. actuation: Actuation as defined in the California MUTCD. ambient sound level: Background sound level in dB at a given location. ambient sound sensing microphone: Microphone that measures the ambient sound level in dB and automatically adjusts the accessible pedestrian signal speaker's volume. audible speech walk message: Audible prerecorded message that communicates to pedestrians which street has the walk interval. channel: Discrete information path. CALIPER: Commercially Available LED Product Evaluation and Reporting. A U.S. Department of Energy program that individually tests and provides unbiased information on the performance of commercially available LED luminaires and lights. controller assembly: Assembly for controlling a system's operations, consisting of a controller unit and auxiliary equipment housed in a waterproof cabinet. controller unit: Part of the controller assembly performing the basic timing and logic functions. correlated color temperature: Absolute temperature in kelvin of a blackbody whose chromaticity most nearly resembles that of the light source. detector: Detector as defined in the California MUTCD. electrolier: Assembly of a lighting standard and luminaire. 07-21-17 fastening hardware [ICF1]: Bolts,nuts, washer,fasteners,hex nuts,lock nuts, or other metal components to secure or lock down a device or equipment. 04-15-16 flasher: Device for opening and closing signal circuits at a repetitive rate. flashing beacon control assembly: Assembly of switches, circuit breakers,terminal blocks, flasher, wiring, and other necessary electrical components housed in a single enclosure for operating a beacon. TechnicalSpeciFcations 4 house side lumens: Lumens from a luminaire directed to light up areas between the fixture and the pole, such as sidewalks at intersection or areas off the shoulders on freeways. illuminance gradient: Ratio of the minimum illuminance on a 1-foot square of sign panel to that on an adjacent 1-foot square of sign panel. inductive loop detector: Detector capable of being actuated by an inductance change caused by a vehicle passing or standing over the loop.An inductive loop detector includes a loop or group of loops installed in the roadway and a lead-in cable installed and connected inside a controller cabinet. junction temperature: Temperature of the electronic junction of the LED device.The junction temperature is critical in determining photometric performance, estimating operational life,and preventing catastrophic failure of the LED. L70: Extrapolated life in hours of the luminaire when the luminous output depreciates 30 percent from the initial values. lighting standard: Pole and mast arm supporting the luminaire. LM-79: Test method from the Illumination Engineering Society of North America specifying the test conditions,measurements,and report format for testing solid state lighting devices,including LED luminaires. LM-80: Test method from the Illumination Engineering Society of North America specifying the test conditions,measurements,and report format for testing and estimating the long-term performance of LEDs for general lighting purposes. luminaire: Assembly that houses the light source and controls the light emitted from the light source. National Voluntary Laboratory Accreditation Program: U.S. Department of Energy program that accredits independent testing laboratories. 07-21-17 pedestrian change interval: Pedestrian change interval as defined in the California MUTCD. 04-15-16 powder coating: Coating applied electrostatically using exterior-grade,UV-stable,polymer powder. power factor: Ratio of the real power component to the complex power component. pretimed controller assembly: Assembly operating traffic signals under a predetermined cycle length. programming mechanism: Device to program the accessible pedestrian signal operation. pull box: Box with a cover that is installed in an accessible place in a conduit run to facilitate the pulling in of wires or cables. push button information message: Push button information message as defined in the California MUTCD. push button locator tone:Push button locator tone as defined in the California MUTCD. signal face: Signal face as defined in the California MUTCD. signal head: Signal head as defined in the California MUTCD. signal indication: Signal indication as defined in the California MUTCD. signal section: Signal section as defined in the California MUTCD. Technical Specifications 5 signal standard: Pole with or without mast arms carrying 1 or more signal faces. street side lumens: Lumens from a luminaire directed to light up areas between the fixture and the roadway, such as traveled ways and freeway lanes. surge protection device: Subsystem or component that protects equipment against short-duration voltage transients in power line. total harmonic distortion:Ratio of the rms value of the sum of the squared individual harmonic amplitudes to the rms value of the fundamental frequency of a complex waveform. traffic-actuated controller assembly: Assembly for operating traffic signals under the varying demands of traffic as registered by detector actuation. traffic phase: Traffic phase as defined in the California MUTCD. vehicle: Vehicle as defined in the California Vehicle Code. vibrotactile pedestrian device: Vibrotactile pedestrian device as defined in the California MLJ TCD. 86-1.01C Submittals 86-1.01C(1) General Within 15 days after Contract approval,submit a list of equipment and materials you propose to install. Submit the list before shipping equipment and materials to the job site.The list must include: 1. Manufacturer's name 2. Make and model number 3. Month and year of manufacture 4. Lot and serial numbers 5. Contract number 6. Your contact information Submit confirmation of the vendor's acceptance of the order for the electrical equipment and materials as an informational submittal. Submit 3 sets of computer-generated, schematic wiring diagrams for each cabinet. Diagrams, plans, and drawings must be prepared using graphic symbols in IEEE 315, "Graphic Symbols for Electrical and Electronic Diagrams." Submit a schedule of values within 15 days after Contract approval. Do not include costs for the traffic control system in the schedule of values. Submit a manufacturer's maintenance manual or combined maintenance and operation manual as an informational submittal.The manual must have a master item index that includes: 1. Specifications 2. Design characteristics 3. General operation theory 4. Function of all controls 5. Troubleshooting procedure 6. Parts list, descriptions, stock numbers, and settings 7. Block circuit diagram 8. Layout of components 9. Schematic diagrams 86-1.01C(2) Pull Boxes Submit the manufacturer's installation instructions for pull boxes, including: 1. Quantity and size of entries that can be made without degrading the strength of the pull box below the load rating 2. Locations where side entries can be made Technical Specifications 6 3. Acceptable method for creating the entry 86-1.01D Quality Assurance 86-1.01D(1) General Electrical equipment must comply with one or more of the following standards: 1. ANSI 2. ASTM 3. EIA/ECIA 4. NEMA 5. NETA 6. UL/NRTL 7. TIA Materials must comply with: 1. FCC rules 2. ITE standards 3. NEC 4. California Electrical Code 86-1.011)(2) Source Quality Control Service equipment enclosures and cabinets must be inspected and tested at the source. 86-1.02 MATERIALS 86-1.02A General Anchor bolts, anchor bars or studs,and nuts and washers must comply with section 75-1.02. Bolt threads must accept galvanized standard nuts without requiring tools or causing removal of protective coatings. 86-1.02B Conduit and Accessories 86-1.02B(1) General Conduit and fittings must comply with the requirements shown in the following table: Technical Specifications 7 Conduit and Fitting Requirements Type I Requirement 1 Must be hot-dip galvanized rigid steel complying with UL 6 and ANSI C80.1.The zinc coating must comply with copper sulfate test requirements in UL 6. Fittings must be electrogalvanized and certified under UL 514B. 2 Must comply with requirements for Type 1 conduit and be coated with PVC or polyethylene. The exterior thermoplastic coating must have a minimum thickness of 35 mils.The internal coating must have a minimum thickness of 2 mils.Coated conduit must comply with NEMA RN 1, or NRTL PVC-001. 3 Must be Type A, extruded,rigid PVC conduit complying with UL 651 or must be HDPE (conduit complying with UL 651A. 4 Must have an inner, flexible metal core covered by a waterproof, nonmetallic, sunlight-resistant jacket, and must be UL listed for use as a grounding conductor. Fittings must be certified under UL 514B. 5 Must be intermediate steel complying with UL 1242 and ANSI C80.6.The zinc coating must comply with copper sulfate test requirements specified in UL 1242.Fittings must be electrogalvanized and certified under UL 514B. Bonding bushings installed on metal conduit must be insulated and either a galvanized or zinc-alloy type. 86-1.02C Pull Boxes 86-1.02C(1) General A pull box cover must have a nonskid surface. A metal pull box cover must include a fitting for a bonding conductor. A pull box cover must have a marking on the top that is: 1. Clearly defined 2. Uniform in depth 3. Parallel to the longer side 4. From 1 to 3 inches in height The cover marking must include one of the following: 1. SERVICE for service circuits between a service point and service disconnect 2. SERVICE IRRIGATION for circuits from a service equipment enclosure to an irrigation controller 3. SERVICE BOOSTER PUMP for circuits from a service equipment enclosure to the booster pump 4. TDC POWER for circuits from a service equipment enclosure to telephone demarcation cabinet 5. LIGHTING for a lighting system 6. SIGN ILLUMINATION for a sign illumination system 7. SIGNAL AND LIGHTING for a signal and lighting system 8. RAMP METER for a ramp metering system 9. TMS for a traffic monitoring station 10. FLASHING BEACON for a flashing beacon system 11. CMS for a changeable message sign system 12. INTERCONNECT for an interconnect conduit and cable system The load rating must be: 1. Stenciled or stamped on the inside and outside of the pull box 2. Stamped on the outside of the cover If a transformer or other device must be placed in the pull box, include recesses for a hanger. The hardware must be stainless steel containing 18 percent chromium and 8 percent nickel. Technical Specifications 8 86-1.02C(3) Traffic Pull Boxes A traffic pull box and cover must comply with AASHTO HS20-44 and AASHTO M 306. The frame must be anchored to the box. Nuts must be vibration-resistant,zinc-plated, carbon steel and have a wedge ramp at the root of the thread. For a cast iron cover or before galvanizing a steel cover,the manufacturer must apply the cover marking by one of the following methods: 1. Use a cast iron strip at least 1/4 inch thick with letters raised a minimum of l/16 inch. Fasten the strip to the cover with 1/4-inch, flathead, stainless steel machine bolts and nuts. Peen the bolts after tightening. 2. Use a sheet steel strip at least 0.027 inch thick with letters raised a minimum of 1/16 inch. Fasten the strip to the cover by spot welding, tack welding, or brazing with 1/4-inch stainless steel rivets or 1/4- inch,roundhead, stainless steel machine bolts and nuts.Peen the bolts after tightening. 3. Bead weld the letters on the cover such that the letters are raised a minimum of 3/32 inch. 4. Cast the logo into the cast iron cover. The steel cover must: 1. Be countersunk approximately 1/4 inch to accommodate the bolt head. When tightened,the hold down bolt head must be no more than 1/8 inch above the top of the cover. 2. Have slot holes for lifting with a guard under the cover to prevent entry of more than 3 inches below the bottom surface of the cover without deflection to protect the pull box contents. 86-1.02D Tapes 86-1.02D(2) Pull Tape Pull tape must be a flat,woven, lubricated, soft-fiber,polyester tape with a minimum tensile strength of 1,800 lb.The tape must have sequential measurement markings every 3 feet. 86-1.02F Conductors and Cables 86-1.02F(1) Conductors 86-1.02F(1)(c) Copper Conductors 86-1.02F(1)(c)(i) General Copper wire must comply with ASTM B3 and B8. Conductor must be clearly and permanently marked the entire length of its outer surface with: 1. Manufacturer's name or trademark 2. Insulation-type letter designation 3. Conductor size 4. Voltage 5. Temperature rating 6. Number of conductors for a cable The minimum insulation thickness and color code requirements must comply with NEC. A conductor must be UL listed or NRTL certified and rated for 600 V(ac).Insulation for no. 14 to no.4 conductors must be one of the following: 1. Type TW PVC under ASTM D2219 2. Type THW PVC Technical Specifcations 9 3. Type USE,RHH, or RHW cross-linked polyethylene The insulation for no. 2 and larger conductors must be one of the above or THWN. Conductors must be identified as shown in the following table: Technical Specifications 10 Conductor Identification [ Identification insulation colors I Circuit Signal phase or function I Base IStripea (Band symbols Size 2, 6 [Red,yel,brn Blk 2, 6 14 4, 8 [Red,yel,brn Ora 4, 8 [ 14 Signals 1, 5 [Red,yel,brn [None 1 1, 5 14 (vehicle)a,b [ 3, 7 [Red,yel,brn I Pur 1 3, 7 14 [Ramp meter 1 [Red,yel,brn [None I NBR 1 14 [Ramp meter 2 [Red,yel,brn I Blk [ NBR 1 14 2p, 6p [Red,brn Blk 2p, 6p 14 [ Pedestrian 4p, 8p [Red,brn Ora [ 4p, 8p [ 14 signals 1p, 5p [Red,brn [None I 1p, 5p 1 14 3p, 7p [Red,brn [ Pur I 3p, 7p 1 14 [ 2p, 6p Blu Blk [P-2,P-6 1 14 Pedestrian push [ 4p, 8p Blu Ora 0-4,P-8 1 14 [ buttons 1p, 5p I Blu [None P-1,P-5 1 14 3p, 7p Blu Pur [P-3,P-7 1 14 Traffic signal Pngrounded circuit controller (Conductor Blk one CON-1 6 cabinet Grounded circuit (conductor Wht one CON-2 1 6 Highway [Ungrounded-line 1 1 Blk [None I NBR [ 14 [ lighting pull [Ungrounded-line 2 1 Red [None [ NBR 1 14 box to luminaire Grounded Wht one NBR 14 Multiple [Ungrounded-line 1 1 Blk [None I MLl 1 10 highway lighting �Ungrounded-line 2 Red one ML2 10 [Ungrounded-PEU [ Blk [None C 1 [ 14 Lighting control (Switching leg from PEU nit or SM transformer Red one C2 14 ngrounded-line 1 Service (signals) Blk one NBR 6 [Ungrounded-line 2 (lighting) Red one NBR 8 Sign lighting [Ungrounded-line 1 1 Blk [None I SL-1 [ 10 [ [Ungrounded-line 2 1 Red [None I SL-2 [ 10 [ Flashing Pngrounded between beacons Iflasher and beacons lRed or yel oneIF-Loc.' 14 [Pedestrian push buttons [ Wht [ Blk NBR [ 14 [ Signals and multiple Grounded Ilighting Wht one NBR 10 circuit lashing beacons and conductor sign lighting Wht one NBR 12 [Lighting control I Wht Tone I C-3 [ 14 Service I Wht [None I NBR [ 14 Railroad preemption I Blk one R 14 Spares [ I Blk None I NBR [ 14 Technical Specifications 10 NBR=No band required PEU=Photoelectric unit 'On overlaps,the insulation is striped for the 1 st phase in the designation,e.g.,phase(2+3)conductor is striped as for phase 2. bBand for overlap and special phases as required 'Flashing beacons having separate service do not require banding. dColor Code: Yel-Yellow,Brn-Brown,Blu-Blue,Blk-Black,Wht-White, Ora-Orange,Pur-Purple The insulation color must be homogeneous throughout the full depth of the insulation. The identification stripe must be continuous throughout the length of the conductor. 86-1.02F(1)(c)(ii) Bonding Jumpers and Equipment Grounding Conductors A bonding jumper must be copper wire or copper braid of the same cross-sectional area as a no. 8 conductor or larger. An equipment grounding conductor may be bare or insulated. 86-1.02F(2) Cables 86-1.02F(2)(d) Copper Cables 86-1.02F(2)(d)(ii) Conductors Signal Cables A conductors signal cable must have a black polyethylene jacket with an inner polyester binder sheath. The cable jacket must be rated for 600 V(ac) and 75 degrees C. Filler material, if used, must be polyethylene. The individual conductors in the cable must be solid copper complying with ASTM B286 with Type THWN insulation.The minimum thickness of insulation must comply with NEC for conductor sizes no. 14 to no.10. The minimum thickness of the nylon jacket must be 4 mils. Cable must comply with the requirements shown in the following table: Technical Specifications 11 Cable Conductor Cable jacket thickness Maximum Conductor color code type quantity and (mils) nominal type Average Minimum outside diameter (inch) 3CSC 3 no. 14 44 36 0.40 Blue/black,blue/orange, white/black stripe 5CSC 5 no. 14 44 36 0.50 Red,yellow,brown,black, white 9CSC 8 no. 14 60 48 0.65 No. 12-white, 1 no. 12 no. 14-red,yellow, brown,black, and red/black,yellow/black, brown/black,white/black stripe 12CSC 11 no. 14 60 48 0.80 No. 12-white, 1 no. 12 no. 14-red,yellow, brown,red/black stripe, yellow/black stripe, brown/black stripe, black/red stripe, black/white stripe,black, red/white stripe, brown/white stripe 28CSC 27 no. 14 80 64 0.90 No. 10 -white 1 no. 10 no. 14-red/black stripe, yellow/black stripe, brown/black stripe, red/orange stripe, yellow/orange stripe, brown/orange stripe, red/silver stripe, yellow/silver stripe, brown/silver stripe, red/purple stripe, yellow/purple stripe, brown/purple stripe,red/2 black stripes,brown/2 black stripes,red/2 orange stripes,brown/2 orange stripes,red/2 silver stripes, brown/2 silver stripes, red/2 purple stripes, brown/2 purple stripes, blue/black stripe, blue/orange stripe, blue/silver stripe, blue/purple stripe, white/black stripe, black/red stripe,black Technical Specifications 12_ 86-1.02G Equipment Identification Characters Equipment identification characters must be 2-1/2 inch, series D lettering, except on wood poles,they must be 3-inch lettering. The characters must be self-adhesive reflective labels or paint, except on wood poles,they must be embossed on aluminum. 86-1.02H Splicing Materials Splicing materials include: 1. Connectors 2. Electrical insulating coating 3. PVC electrical tape 4. Butyl rubber stretchable tape 5. PVC pressure-sensitive adhesive tape 6. Heat shrink tubing Connectors must be C-shaped compression or butt type. Electrical insulating coating must be a fast drying sealant with low nontoxic fumes. PVC electrical tape must have a minimum thickness of 80 mils. Butyl rubber stretchable tape with liner must have a minimum thickness of 120 mils. PVC pressure-sensitive adhesive electrical tape must have a minimum thickness of 6 mils. Electrical tapes must be self-fusing, oil- and flame-resistant, synthetic rubber and be UL listed or NRTL certified. Heat-shrink tubing must be made of irradiated polyolefin tubing with a minimum wall thickness of 40 mils before contraction and an adhesive mastic inner wall. When heated, the inner wall must melt and fill the crevices and interstices of the covered splice area and the outer wall must shrink to form a waterproof insulation. Heat-shrink tubing must comply with the requirements for extruded, insulating tubing at 600 V(ac) specified in UL Standard 468D and ANSI C119.1 and the requirements shown in the following table: Heat-Shrink Tubing Requirements Quality characteristic PZequirement Shrinkage ratio of supplied diameter'(max, %) 133 Oielectric strength(min,kV/in) 1350 Resistivity(min,K2/in) �5 x 1013 rfensile strength(min,psi) �,000 Operating temperature(°C) 1-40-90 (135 °C in emergency) Water absorption(max, %) 10.5 'When heated to 125 °C and allowed to cool to 25 °C 86-1.02I Connectors and Terminals A connector and terminal must comply with SAE-AS7928 and be a crimp type,rated for 600 V(ac) and either UL listed or NRTL certified. 86-1.02J Standards,Poles,Pedestals,and Posts Standards for signals, lighting, and flashing beacons, poles for closed circuit television, pedestals for cabinets, posts for extinguishable message sign and posts for pedestrian push button assemblies must comply with all applicable Caltrans and project standards. 86-1.02Q Cabinets 86- 1.02Q(1) General Cabinets must be factory wired except for battery backup system cabinets. The fasteners on the exterior of a cabinet, except for battery backup system cabinets, must be removable and vandal resistant. The exterior screws, nuts, bolts, and washers must be stainless steel. Terminal blocks, circuit breakers, and a power supply must be UL approved. Technical Specifications 13 86-1.02Q(2) Controller Cabinets A controller assembly consists of a Model 170E or 2070E controller unit with 2033 software, a wired controller cabinet, and all auxiliary equipment required to operate the system. Controller units shall be manufactured by McCain Inc. or approved equal. 86-1.02Q(3) Controller Cabinets New controller cabinets must be a Model 332L or Model 333L per plans and comply with TEES. The cabinet must have a minimum of 3 drawer shelves. Each shelf must be attached to the tops of 2 supporting angles with 4 screws. Controller cabinets shall be manufactured by McCain Inc. or approved equal. 86-1.02Q(5) Battery Backup System Cabinets The cabinet for a battery backup system must comply with TEES. 86-1.02S Pedestrian Signal Heads 86-1.02S(1) General A pedestrian signal head consists of a pedestrian signal mounting assembly and a pedestrian signal face comprising of a pedestrian signal housing, an LED countdown pedestrian signal face module, and a front screen. 86-1.02S(2) Pedestrian Signal Mounting Assemblies A pedestrian signal mounting assembly must comply with the specifications for a signal mounting assembly in section 86-1.02R, except mast arm slip fitters are not required. 86-1.02S(3) Pedestrian Signal Faces 86-1.02S(3)(a) General Each pedestrian signal face must include a light-duty terminal block rated at 5 A and have 12 positions with no. 6-by-1/8-inch binder head screws. Each position must have 1 screw-type terminal. The wiring and terminal block must comply with ITE publication ST-055-E, Pedestrian Traffic Control Signal Indicators: Light Emitting Diode(LED) Signal Modules. 86-1.02S(3)(b) Pedestrian Signal Housings Pedestrian signal housing must comply with the specifications for a signal housing in 86-1.02R(4)(a)(iii), except the maximum overall dimensions must be 18-1/2 inches wide, 19 inches high, and 11-1/2 inches deep and without: 1. Visor 2. Watertight module or lens mounted in the door 3. Reinforcement plates The housing must have a terminal block attached to the back.The terminal block must have enough positions to accommodate all indications. Each position must be permanently labeled for the indications used. 86-1.02S(3)(c) LED Countdown Pedestrian Signal Face Modules An LED countdown PSF module must comply with ITE publication ST-055-E,Pedestrian Traffic Control Signal Indicators: Light Emitting Diode(LED) Signal Modules,except the material must comply with ASTM D3935 and the module must have: 1. Ultra-bright-type LED rated for 100,000 hours of continuous operation. 2. Lot number and month and year of manufacture permanently marked on the back of the module Technical Specifications 14 3. Prominent and permanent vertical markings for accurate indexing and orientation within the pedestrian signal housing if a specific mounting orientation is required. Markings must be a minimum of 1 inch in height and include an up arrow and the word up or top. 4. Circuit board complying with TEES, chapter 1, section 6. Individual LEDs must be wired such that a loss or failure of 1 LED will not result in a loss of more than 5 percent of the module's light output. Failure of an individual LED in a string must not result in a loss of an entire string or other indication. Each symbol must be at least 9 inches high and 5-1/4 inches wide. The 2- digit countdown timer, Upraised Hand, and Walking Person indications must be electronically isolated from each other. The 3 indications must not share a power supply or interconnect circuitry. The module must operate over the specified ambient temperature and voltage range and be readable both day and night at distances up to the full width of the area to be crossed. Upon initial testing at 25 degrees C, the module must have at least the luminance values shown in the following table: Luminance Values PSF module symbol ILuminance Upraised hand and 2- 1,094 digit countdown timer (fL) Walking person UP 1 1,547 1 The module must not exceed the power consumption requirements shown in the following table: Maximum Power Consumption Requirements PSF module display [At 24°C [At 74°C Upraised Hand 110.0 W 112.0 W [Walking Person 19.0 W 112.0 W 12-digit countdown timer 16.0 W 18.0 W If the pedestrian change interval is interrupted, then the 2-digit countdown timer and display must reset to the full pedestrian change interval before being initiated the next time. The 2-digit countdown display on the PSF module must go dark within a second after displaying"0". 86-1.02S(3)(d) Front Screen Pedestrian signal face must have a front screen that is one of the following types: 1. 3/8-inch-thick aluminum honeycomb screen with 0.2-inch-wide cells or a 1/2-inch-thick plastic screen with 3/8-inch-wide squares with 1/16-inch wall thickness that: 1.1. Is installed so it tilts downward at an angle of 15 f 2 degrees from the top and completely covers the message plate. 1.2. Includes a clear front cover made of either a minimum 1/8-inch-thick acrylic plastic sheet or a minimum 1/1 6-inch-thick polycarbonate plastic. 1.3. Is held firmly in place, including the cover,with stainless steel or aluminum clips or stainless steel metal screws. 2. Polycarbonate screen that: 2.1. Has a nominal thickness of 1/32 inch. 2.2. Is a 1-1/2-inch-deep eggcrate or Z-crate type. 2.3. Is mounted in a frame constructed of aluminum alloy or polycarbonate with a minimum thickness of 0.040 inch. 2.4. Is held in place with stainless steel screws. The screen and frame of a pedestrian signal face must be made of either(1)plastic that is a flat black color or(2) anodized aluminum that is a flat black color or finished with lusterless,black, exterior-grade latex paint formulated for application to metal surfaces. Technical Specifications 15 SECTION 87—ELECTRICAL SYSTEMS 87-1.01 GENERAL 87-1.O1A Summary Section 87 includes general specifications for constructing and installing electrical systems. Before shipping the material to the job site, submit to City equipment submittals of: 1. Accessible pedestrian signals 2. LED countdown pedestrian signal face modules 3. Traffic Signal Controllers 4. Traffic Signal Controller Cabinets 5. Vehicle detection systems 87-1.03 CONSTRUCTION 87-1.03A General The Engineer determines the final locations of electrical systems. Notify the Engineer before performing work on the existing system.You may shut down the system for alteration or removal. Notify the Engineer immediately if an existing facility is damaged by your activities. If existing underground conduit is to be incorporated into a new system, clean it with a mandrel or cylindrical wire brush and blow it clean with compressed air. Limit the shutdown of traffic signal systems to normal working hours. Notify the local traffic enforcement agency before shutting down the signal. Place temporary W34 and Rl-1 signs in each direction to direct traffic through the intersection during shutdown of the signal. Place two Rl-1 signs for 2-lane approaches. The signs must comply with part 2 of the California MUTCD. Cover signal faces when the system is shut down overnight. Cover temporary W34 and RI-1 signs when the system is turned on. If you work on an existing lighting system and the roadway is to remain open to traffic, ensure the system is in operation by nightfall. Replace detectors you damage within 72 hours. Work performed on an existing system not described is change order work. Do not use electrical power from existing highway facilities unless authorized. Maintain a minimum 48-inch clearance for a pedestrian pathway when placing equipment. Except for service installation or work on service equipment enclosures, do not work above ground until all materials are on hand to complete the electrical work at each location. If you damage any portion of a concrete curb, sidewalk, curb ramp,.driveway, or gutter depression, replace the entire section between contraction or expansion joints under section 73. Apply equipment identification characters. Orient louvers, visors, and signal faces such that they are clearly visible to approaching traffic from the direction being controlled. Test loops and the detector lead-in cable circuit for continuity, ground, and insulation resistance at the controller cabinet before connecting detector lead-in cable to the terminal block. Perform an operational test of the systems. Before starting the operational test for systems that impact traffic, the system must be ready for operation, and all signs, pavement delineation, and pavement markings must be in place at that location. 87-1.0313 Conduit Installation 87-1.03B(1) General The installation of conduit includes installing caps, bushings, and pull tape and terminating the conduit in pull boxes, foundations, poles, or a structure. Limit the number of bends in a conduit run to no more than 360 degrees between pull points. Use conduit to enclose conductors except where they are installed overhead or inside standards or posts. You may use a larger size conduit than specified for the entire length between termination points.Do not use a reducing coupling. Technical Specifications 16 Extend an existing conduit using the same material. Terminate conduits of different materials in a pull box. Install 2 conduits between a controller cabinet and the adjacent pull box. Use a minimum trade size of conduit of- 1. 1-1/2 inches from an electrolier to the adjacent pull box 2. 1 inch from a pedestrian push button post to the adjacent pull box 3. 2 inches from a signal standard to the adjacent pull box 4. 3 inches from a controller cabinet to the adjacent pull box 5. 2 inches from an overhead sign to the adjacent pull box 6. 2 inches from a service equipment enclosure to the adjacent pull box 7. 1-1/2 inches if unspecified Use Type 1 conduit: 1. On all exposed surfaces 2. In concrete structures 3. Between a structure and the nearest pull box Ream the ends of shop-cut and field-cut conduit to remove burrs and rough edges. Make the cuts square and true. Do not use slip joints and running threads to couple conduit. If a standard coupling cannot be used for metal-type conduit, use a threaded union coupling. Tighten the couplings for metal conduit to maintain a good electrical connection. Cap the ends of conduit to prevent debris from entering before installing the conductors or cables. Use a plastic cap for Type 1, 2, and 5 conduits and a standard pipe cap for all other types of conduit. For Type 1, 2, and 5 conduits, use threaded bushings and bond them using a jumper. For other types of conduit, use nonmetallic bushings. Do not install new conduit through foundations. Cut Type 2 conduit with pipe cutters; do not use hacksaws. Use standard conduit-threading dies for threading conduit.Tighten conduit into couplings or fittings using strap wrenches or approved groove joint pliers. Cut Type 3 conduit with tools that do not deform the conduit.Use a solvent weld for connections. Protect shop-cut threads from corrosion under the standards shown in the following table: Shop-Cut Thread Corrosion Protection Conduit Standard rrypes 1 and 2 [ANSI C80.1 rrype 5 [ANSI C80.6 Apply 2 coats of unthinned, organic zinc-rich primer to metal conduit before painting. Use a primer on the Caltrans Authorized Material List for organic zinc-rich primers. Do not use aerosol cans. Do not remove shop-installed conduit couplings. For conduits,paint: 1. All exposed threads 2. Field-cut threads,before installing conduit couplings to metal conduit 3. Damaged surfaces on metal conduit If a Type 2 conduit or conduit coupling coating is damaged: 1. Clean the conduit or fitting and paint it with 1 coat of rubber-resin-based adhesive under the manufacturer's instructions 2. Wrap the damaged coating with at least 1 layer of 2-inch-wide, 20 mils-minimum-thickness, PVC tape under ASTM D1000 with a minimum tape overlap of 1/2 inch You may repair damaged spots of 1/4 inch or less in diameter in the thermoplastic coating by painting with a brushing-type compound supplied by the conduit manufacturer. If factory bends are not used, bend the conduit to a radius no less than 6 times its inside diameter without crimping or flattening it. Comply with the bending requirements shown in the following table: Technical Specifications 17 Conduit-Bending Requirements Type Requirement 1 [Use equipment and methods under the conduit manufacturer's instructions. 2 sea standard bending tool designed for use on thermoplastic-coated conduit.The 1 conduit must be free of burrs and pits. 3 se equipment and methods under the conduit manufacturer's instructions.Do not l leexpose the conduit to a direct flame. 5 [Use equipment and methods under the conduit manufacturer's instructions. Install pull tape with at least 2 feet of slack in each end of the conduit that will remain empty. Attach the tape's ends to the conduit. Install conduit terminating in a standard or pedestal from 2 to 3 inches above the foundation. Slope the conduit toward the handhole opening. Terminate conduit installed through the bottom of a nonmetallic pull box 2 inches above the bottom and 2 inches from the wall closest to the direction of the run. 87-1.03B(3) Conduit Installation Underground 87-1.03B(3)(a) General Install conduit to a depth of- 1. 14 inches for the trench-in-pavement method 2. 18 inches,minimum,under sidewalk and curbed paved median areas 3. 42 inches,minimum,below the bottom of the rail of railroad tracks 4. 30 inches,minimum, everywhere else below grade Place conduit couplings at a minimum of 6 inches from the face of a foundation. Place a minimum of 2 inches of sand bedding in a trench before installing Type 2 or Type 3 conduit and 4 inches of sand bedding over the conduit before placing additional backfill material. If installing conduit within the limits of hazardous locations as specified in NEC for Class I, division 1, install and seal Type 1 or Type 2 conduit with explosion-proof sealing fittings. 87-1.03B(3)(b) Conduit Installation under Paved Surfaces You may lay conduit on existing pavement within a new curbed median constructed on top. Install conduit under existing pavement by either the horizontal directional drill method or jack and drill method.You may use the trench-in-pavement method for either of the following conditions: 1. If conduit is to be installed behind the curb under the sidewalk 2. If the delay to vehicles will be less than 5 minutes 87-1.03B(5) Conduit Installation by the Jack and Drill Method Keep the jacking or drilling pit 2 feet away from the pavement's edge. Do not weaken the pavement or soften the subgrade with excessive use of water. If an obstruction is encountered, obtain authorization to cut small holes in the pavement to locate or remove the obstruction. You may install Type 2 or Type 3 conduit under the pavement if a hole larger than the conduit's diameter is predrilled. The predrilled hole must be less than one and half the conduit's diameter. Remove the conduit used for drilling or jacking and install new conduit for the completed work. 87-1.03B(6) Conduit Installation by the Trenching-In-Pavement Method Install conduit by the trenching-in-pavement method using a trench approximately 2 inches wider than the conduit's outside diameter but not exceeding 6 inches in width. Where additional pavement is to be placed, you must complete the trenching before the final pavement layer is applied. If the conduit shown is to be installed under the sidewalk, you may install it in the street within 3 feet of and parallel to the face of the TechnicalSpecifcations 18 curb. Install pull boxes behind the curb. Cut the trench using a rock-cutting excavator. Minimize the shatter outside the removal area of the trench. Dig the trench by hand to the required depth at pull boxes. Place conduit in the trench. Backfill the trench with minor concrete to the pavement's surface by the end of each work day. If the trench is in asphalt concrete pavement and no additional pavement is to be placed, backfill the top 0.10 foot of the trench with minor HMA within 3 days after trenching. 87-1.03C Installation of Pull Boxes 87-1.03C(1) General Install pull boxes no more than 200 feet apart. You may install larger pull boxes than specified or shown and additional pull boxes to facilitate the work except in structures. Install a pull box on a bed of crushed rock and grout it before installing conductors. The grout must be from 0.5 to 1 inch thick and sloped toward the drain hole. Place a layer of roofing paper between the grout and the crushed rock sump. Make a 1-inch drain hole through the grout at the center of the pull box. Set the pull box such that the top is 1-1/4 inches above the surrounding grade in unpaved areas and leveled with the finished grade in sidewalks and other paved areas. Place the cover on the box when not working in it. Grout around conduits that are installed through the sides of the pull box. Bond and ground the metallic conduit before installing conductors and cables in the conduit. Bond metallic conduits in a nonmetallic pull box using bonding bushings and bonding jumpers. Do not install pull boxes in concrete pads, curb ramps, or driveways. Reconstruct the sump of a pull box if disturbed by your activities.If the sump was grouted,remove and replace the grout. 87-1.03C(2) Nontraffic Pull Boxes If you bury a nontraffic pull box, set the box such that the top is 6 to 8 inches below the surrounding grade. Place a 20-mil-thick plastic sheet made of HDPE or PVC virgin compounds to prevent water from entering the box. Place mortar between a nontraffic pull box and a pull box extension. Where a nontraffic pull box is in the vicinity of curb in an unpaved area, place the box adjacent to the back of the curb if practical. Where a nontraffic pull box is adjacent to a post or standard, place the box within 5 feet downstream from traffic if practical. If you replace the cover on a nontraffic pull box,anchor it to the box. 87-1.03C(3) Traffic Pull Boxes Place minor concrete around and under a traffic pull box. Bolt the steel cover to the box when not working in it. Bond the steel cover to the conduit with a jumper and bolt it down after installing the conductors and cables. 87-1.03E Excavating and Backfilling for Electrical Systems 87-1.03E(1) General Notify the Engineer at least 72 hours before starting excavation activities. Dispose of surplus excavated material. Restrict.closures for excavation on a street or highway to 1 lane at a time unless otherwise specified. 87-1.03E(2) Trenching Dig a trench for the electrical conduits.Do not excavate until the installation of the conduit. Place excavated material in a location that will not interfere with traffic or surface drainage. After placing the conduit, backfill the trench with the excavated material. Compact the backfill placed within the hinge points and in areas where pavement is to be constructed to a minimum relative compaction of 95 percent. Restore the sidewalks, pavement, and landscaping at a location before starting excavation at another location. Technical Specifications 19 87-1.03E(3) Concrete Pads,Foundations,and Pedestals Construct foundations for standards,poles,metal pedestals, and posts under section 56-3. Construct concrete pads, foundations, and pedestals for controller cabinets, telephone demarcation cabinets, and service equipment enclosures on firm ground. Install anchor bolts using a template to provide proper spacing and alignment. Moisten the forms and ground before placing the concrete. Keep the forms in place until the concrete sets for at least 24 hours to prevent damage to the surface. Use minor concrete for pads, foundations, and pedestals. In unpaved areas, place the top of the foundation 6 inches above the surrounding grade, except place the top: 1. 1 foot 6 inches above the grade for Type M and 336L cabinets 2. 1 foot 8 inches above the grade for Type C telephone demarcation cabinets 3. 2 inches above the grade for Type G and Type A cabinets and Type III service equipment enclosures The pad must be 2 inches above the surrounding grade. In and adjacent to the sidewalk and other paved areas,place the top of the foundation 4 inches above the surrounding grade, except place the top: 1. 1 foot 6 inches above the grade for Type M and 336L cabinets 2. 1 foot 8 inches above the grade for Type C telephone demarcation cabinets 3. Level with the finished grade for Type G and Type A cabinets and Type III service equipment enclosures The pad must be level with the finished grade.Apply an ordinary surface finish under section 51-1.03F. Allow the foundation to cure for at least 7 days before installing any equipment. 87-1.03F Conductors and Cable Installations 87-1.03F(1) General The installation of conductors and cables includes splicing conductors and attaching the terminals and connectors to the conductors. Clean the conduit and pull all conductors and cables as a unit. If new conductors or cables are to be added in an existing conduit: 1 Remove the content 2. Clean the conduit 3. Pull both old and new conductors and cables as a unit Wrap conductors and secure cables to the end of the conduit in a pull box. Seal the ends of conduits with a sealing compound after installing conductors or cables. Neatly arrange conductors and cables inside pull boxes and cabinets. Tie the conductors and cables together with self-clinching nylon cable ties or enclose them in a plastic tubing or raceway. Identify conductors and cables by direct labeling, tags, or bands fastened in such a way that they will not move. Use mechanical methods for labeling. Provide band symbol identification on each conductor or each group of conductors comprising a signal phase in each pull box and near the end of terminated conductors. Tape the ends of unused conductors and cables in pull boxes to form a watertight seal. Do not connect the push-button or accessible pedestrian signal neutral conductor to the signal neutral conductor. 87-1.03F(2) Cables 87-1.03F(2)(c) Copper Cables 87-1.03F(2)(c)(iii) Conductors Signal Cables Do not splice signal cables except for a 28-conductor cable.Provide identification at the ends of terminated conductors in a cable as shown. Provide identification for each cable in each pull box showing the signal Technical Specifications 20 standard to which it is connected except for the 28-conductor cable. Connect conductors in a 12-conductor cable as shown in the following table: 12CSC Color Code and Functional Connection Color code I Termination Phase [Red [Red signal 12, 4, 6, or 8 1 [Yellow [Yellow signal �2, 4, 6, or 8 1 Brown IGreen signal �2, 4, 6, or 8 1 PRed/black stripe Red signal 11, 3, 5, or 7 1 [Yellow/black stripe Yellow signal 11, 3, 5, or 7 1 Orown/black stripe lGreen signal 11, 3, 5, or 7 1 �lack/red stripe re or as required for red or DONT Spare Olack/white stripe ISpare or as required for yellow -- Olack ISpare or as required for green or WALK -- [Red/white stripe Pedestrian signal DONT WALK -- Orown/white stripe Pedestrian signal WALK I -- White rrerminal block Neutral Provide identification for each 28-conductor cable C1 or C2 in each pull box. The cable labeled C1 must be used for signal phases 1, 2, 3, and 4. The cable labeled C2 must be used for signal phases 5, 6, 7, and 8. Connect conductors in a 28-conductor cable as shown in the following table: Technical Specifications 21 28CSC Color Code and Functional Connection Color code I Termination Phase [Red/black stripe [Red signal 12 or 6 [Yellow/black stripe [Yellow signal 12 or 6 [Brown/black stripe lGreen signal 12 or 6 [Red/orange stripe [Red signal 14 or 8 ['Yellow/orange stripe [Yellow signal 14 or 8 [Brown/orange stripe lGreen signal 14 or 8 [Red/silver stripe [Red signal 11 or 5 [Yellow/silver stripe [Yellow signal 11 or 5 [Brown/silver stripe lGreen signal 11 or 5 [Red/purple stripe [Red signal 13 or 7 [Yellow/purple stripe [Yellow signal 13 or 7 [Brown/purple stripe Green signal 13 or 7 [Red/2 black stripes Pedestrian signal DONT WALK 12 or 6 [Brown/2 black stripes Pedestrian signal WALK 12 or 6 [Red/2 orange stripes Pedestrian signal DONT WALK 14 or 8 [Brown/2 orange stripes [Pedestrian signal WALK 14 or 8 [Red/2 silver stripes Overlap A, C OLAa, �OI,Ca rown/2 silver stripes Overlap A, C OLA°, IOLCc ed/2 purple stripes Overlap B,D OLBa, I OLDa rown/2 purple stripes Overlap B,D OLB°, �OLI)c [Blue/black stripe [Pedestrian push button 12 or 6 1 [Blue/orange stripe [Pedestrian push button 14 or 8 1 [Blue/silver stripe Overlap A, C OLAb, �01,Cb lue/purple stripe Overlap B,D OLBb, OLDb [White/black stripe [Pedestrian push button common -- [ [Black/red stripe [Railroad preemption -- [Black [Spare -- [White ITerminal block [Neutral OL=Overlap; A,B, C, and D=Overlapping phase designation aFor red phase designation bFor yellow phase designation Tor green phase designation Use the neutral conductor only with the phases associated with that cable.Do not intermix neutral conductors from different cables except at the signal controller. 87-1.03F(3) Conductors 87-1.03F(3)(a) General Do not run conductors to a terminal block on a standard unless they are to be connected to a signal head mounted on that standard. Provide 3 spare conductors in all conduits containing ramp metering and traffic signal conductors. Install a separate conductor for each terminal of a push button assembly and accessible pedestrian signal.Provide conductor slack to comply with the requirements shown in the following table: Technical Specifications 22 Conductor Slack Requirements Location ISlack(feet) Signal standard I 1 Lighting standard 1 1 Signal and lighting standard 1 1 Pull box 3 Splice 3 Standards with slip base 0 87-1.03F(3)(c) Copper Conductors 87-1.03F(3)(c)(i) General Install a minimum no. 8, bare, grounding copper conductor in conduit and connect it to all-metal components. Where conductors from different service points occupy the same conduit or standard, enclose the conductors from one of the services in flexible or rigid metal conduit. 87-1.03F(4) Manual Installation Method Use an inert lubricant for placing conductors and cables in conduit. Pull the conductors and cables into the conduit by hand using pull tape. 87-1.03G Equipment Identification Characters The Engineer provides you with a list of the equipment identification characters. Stencil the characters or apply the reflective self-adhesive labels to a clean surface.Treat the edges of self-adhesive characters with an edge sealant.Place the characters on the side facing traffic on: 1. Front doors of cabinets and service equipment enclosures. 2. Wood poles, fastened with 1-1/4-inch aluminum nails,for pole mounted enclosures 3. Adjacent bent or abutment at approximately the same station as an illuminated sign or soffit luminaire 4. Underside of the structure adjacent to the illuminated sign or soffit luminaire if no bent or abutment exists nearby 5. Posts of overhead signs 6. Standards Before placing new characters on existing or relocated equipment,remove the existing characters. 87-1.03H Conductor and Cables Splices 87-1.03H(1) General You may splice: 1. Grounded conductors in a pull box 2. Accessible pedestrian signal and push bottom conductors in a pull box 3. Ungrounded signal conductors in a pull box if signals are modified 4. Ungrounded signal conductors to a terminal compartment or a signal head on a standard with conductors of the same phase in the pull box adjacent to the standard 5. Ungrounded lighting circuit conductors in a pull box if lighting circuits are modified Solder all copper conductor splices using the hot iron,pouring, or dipping method.Do not perform open- flame soldering. Technical Specifications 23 87-1.03H(2) Splice Insulation Methods Insulate splices in a multiconductor cable to form a watertight joint and to prevent moisture absorption by the cable.Use heat-shrink tubing or Method B to insulate a splice.Use heat-shrink tubing as follows: 1. Cover the splice area completely with an electrical insulating coating and allow it to dry. 2. Place mastic around each conductor before placing them inside the tubing. Use the type of mastic specified in the tubing manufacturer's instructions. 3. Heat the area under the manufacturer's instructions.Do not perform open-flame heating. After contraction, each end of the heat-shrink tubing or the open end of the tubing's end cap must overlap the conductor insulation at least 1-1/2 inches. 4. Cover the entire splice with an electrical insulating coating and allow it to dry. Use Method B as follows: 1. Cover the splice area completely with an electrical insulating coating and allow it to dry. 2. Apply 3 layers of half-lapped, 80-mils,PVC tape. 3. Apply 2 layers of 120-mils,butyl-rubber, stretchable tape with liner. 4. Apply 3 layers of half-lapped, 6-mils, PVC,pressure-sensitive, adhesive tape. 5. Cover the entire splice with an electrical insulating coating and allow it to dry. 87-1.03I Connectors and Terminals Apply connectors and terminals to cables and conductors using a crimping compression tool under the manufacturer's instructions. The tool must prevent opening of the handles until the crimp is completed. Install crimp-style terminal lugs on stranded conductors smaller than no. 14. Solder no. 8 and smaller copper conductors to connectors and terminal lugs. 87-1.03Q Cabinets 87-1.03Q General Installing a cabinet includes constructing the foundation and pad and installing conduit, adjacent pull boxes, and grounding electrode. Existing cabinets to be replaced shall be removed and salvaged to the City yard. Existing cabinet foundations shall be protected in place. Damage to the foundation that occurs during the course of construction shall be repaired by the contractor. New cabinets shall be McCain model 332L or 333L cabinets as specified on plans or approved equal. New cabinets shall be outfitted with all standard electrical, lighting, and ventilation per manufacturer specifications. New cabinets installed on existing foundations shall fit on existing foundations and bolts with minimal adjustment. The use of adaptor plates is acceptable, but edges shall be flush with cabinet and foundation with no gaps. Apply a mastic or caulking compound before installing the cabinet on the foundation to seal the openings. Connect the field wiring to the terminal blocks in the cabinet. Neatly arrange and lace or enclose the conductors in plastic tubing or raceway. Terminate the conductors with properly sized captive or spring spade terminals. Apply a crimp-style connector and solder them. Install and solder a spade-type terminal on no. 12 and smaller field conductors and a spade-type or ring-type terminal on conductors larger than no. 12. Technical Specifications 24 87-4 SIGNAL AND LIGHTING SYSTEMS 87-4.01 GENERAL 87-4.01A Summary Section 87-4 includes specifications for constructing signal and lighting systems. Signal and lighting system includes: 1. Foundations 2. Pull boxes 3. Conduit 4. Conductors 5. Cables 6. Standards 7. Signal heads S. Internally illuminated street name signs 9. Service equipment enclosure 10. Controller assembly 11. Detectors 12. Telephone demarcation cabinet 13. Accessible pedestrian signals 14. Push button assemblies 15. Pedestrian signal heads 16. Luminaires 17. Photoelectric control 18. Fuse splice connectors 19. Battery backup system 20. Flashing beacons 21. Flashing beacon control assembly The components of a signal and lighting system are shown on the project plans. Payment Method: "TRAFFIC SIGNAL,LIGHTING&ELECTRICAL SYSTEM" The contract Lump Sum price paid for each intersection in the bid summary shall include full compensation for furnishing all labor, materials, tools, equipment, pole and/or mast arm mounted regulatory signs, documents and incidents, programming, testing, potholing required for utility verification prior to all conduit installation and for doing all the work specified herein, elsewhere in these Special Provisions, and plans including the complete installation of an operational traffic signal and lighting system and no additional compensation shall be allowed therefor. 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RESttIu smm u SGNE: m FiILOIFFA PE 0.GE CA G_ r s r n,wr P.-ED W. R.C.E r,l. R)668 TIRE SxEET IfItE N0.: �....ouu.�••I k 1•-LI' M. NCR WK �•� aFSOiN Bl:xl SL roNxN @[vmn+SL O+EUaO BY: nq. .rI �rPRcm DP awm tvauc I.a tsa+Ds �snEQ 1 OF 2 o_ N A a I coxWnG9 scxzouLE I POLE SCHEDD. I RUrS I I STMJDARD WN. I SIGa&WBIJIVJG I i4B LO ,, ISM umm I�IL\ILI INI PE I II ` I I I I I WAD. A 01 0. Xn E06, LCa WUCLE lRH1aE PFD PN SE OIoI 19-2-]0 Jtl Jtl I 15 I - I TDw I MAWI SY-1-T SP-,-T I B E E—M I14utC1,6LQrr 1�-• D ,-A 10' N-1-T SP-1-T E S EN9RNC (JOr-J6Z) POLE FIACEMSENT D[TAIL �PPB DDd01iAN,DETAIL J G� w �/�1//[ u[ I lol I I - I I I I - IN IOC I 1]_2-]0 Jtl YO I 1S' I - ]CW I YAS I SM-,-] SP-,-, I N S E>,GNIG I eoxan Rn I JI] .zB�1`� I©I 19-x 121YI JG I IS' I I ,Gw I MRp>I r_z_u I SP_2 I D I I EmVW I—s*,. p DW e3oE;EE,Gw i i _ I©I 17-2-M W I E0•I I9' I I ]Dw I M45 I 511-2-To I S-2-1 10 I w l ESGI B 4X R l B QUEcM` i - -- ° O°C ALL M.-EJ—vaESS.—SE NGM, O EVA _ I _ I 1 1 - [uL c,-E co I" — wxclE 1 - (q[IS rE DETAIL'A' DETAIL'N' (Lyp)vsLEl • 115M 15 BE NSTALLED OIl SDLNOIT ARM PER RMASiDf WDrltt STMIbAO PWI 19W. II• TM ' 5-SECTION SIGNAL HEAD 5-SECTION SIGNAL HEAD IWIPELE59 MlT..CABLEI - ( I W rI.T3 NTS. ICaIWrt 9ZE IxMH) 2• 4'12-4•I 2• W PNaWI,Irx 4,x1=^,1:9x19R I�Cetacu.DASRNG Ur_0MEIMSE WTE0. cDlI=-A...4 S 4 BE NEW. E Ed ► a. z ��o LU PC- SIGNAL PHASING H��•II.��A(I RO Q ' f T� r' - ,�,, .' mod` ' CONSTRUCTION HOTCS•(Mw m Icq ON p ups "" I .� )�T '� _ „ •- / ' w ova m 9Rim�EAnWBm D� g pR SMpNI �` " %1 aA•A AWL a-Jc wrx nB9:-4'mlw¢� RIu�^lisl 1� ' � ;�a ' �_� �im�.:r.g':,�r. .• '�•� m nmux`awBunsne°mc°ecwmXl� """ ` °l ma^ �' ��1 Jf�^�A�iNf•a AID.�Ix I C �;�(.j� � �-;i' i m�M�;�;Jn E:�In.�,L�R� m,PPLR� ��=; 1 �✓ .- .. :- -,, a❑°u�w'�irm m�omTvs^��ama�vf.n Env mn+rA rrvP.ar vaasuu i _ -,; --_ ,.;�a c.J:"��I ..'.�e.a r'- - :� ��- j ❑JIRI91 Na LbTNl 54YJW9,M[�I m 9OPA wAA NM IfR KIW6 - � '��' � •• N SWIBND{1MI 6-xE RTwI / � �i- - I i�'''�r //�'L?" ,i'.•.s'e�: _ _ - -//' .1 ❑T 118iNL iRE E wNICIE OERRmJ lmP P[R ONTRM6 9TAYWla PWa a-6B. ❑° mrAVn4r ,wlnmuc IIw D¢nxo Ivs Pv muvR --' tr - i � `•'� ;iil {': I `'•ijj�.',/ E y '❑°,aRrt Ixmm,mc,uB rmu In IIu<PI v¢nm I mwn. - /A- � `x_-"- �� _,-r' `-�'}� ZIII i N N ^j! li IX CYC C OGmmBB�,oR�m a,. A no®amRDwaINW /' �]�/ ��w/ IXnn °O' I I�•,\ i'4I w �, {v'.''�•-:i' J_ vm 2,- CITY t9 sv )JOBlJSJE � � = I lls $ J BHKHM XK:N/A I OF GRAND TERRACE svA I I I .- svA-DIarIDR PlStF wRA ar ERR CITY OF GRAND TERRANCE IW.O.rla: e evPROV[B W, ®rnw, 0�j�'jj ,RAFFlGSGtIALMDDIFlfATIOtJPLANDIGAURT 1 1v BEwxx[n. S cX .:J oATc a+MlRase-I PABTOrI STREETtJD:CITYQICIIlEE(i°E PJEPARFDfR: P.GErJp. B]666N/A BABE 0F81�,pfgy,"I g etaoNSL LT:RED BY: NI1E� tE twe CI1Y OF GPNID 1EPRACE ;vn 19-Of05 ;SNEn 2 OP 2 EXHIBIT "B" SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) 01247.0006/607871.3 B-4 EXHIBIT "C" SCHEDULE OF COMPENSATION I. Contractor shall perform all work at the rates on the Bid Sheet submitted as part of Contractor's Proposal, and listed below: ITEM: DESCRIPTION OF ITEMS ESTIMATED: U.NIT:. T.OTAL=, NO: QUANTITY 1 MOBILIZATION, 1 LS $5,000 DEMOBILIZATION AND FINAL CLEANUP 2 I TRAFFIC CONTROL I 1 LS I$3,000 SYSTE3 DUST I STORMWATER AND 1 I LS I$1,000 TRAFFIC SIGNAL 4 TRAFFIC SIGNAL 1 LS $73,000 MODIFICATION FOR THE INTERSECTION OF PRESTON AND BARTON ROAD TOTAL BID: I I$82,000 II. A retention of five percent (5%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services. III. Within the budgeted amounts for each item on the Bid Sheet, and with the approval of the Contract Officer, funds may be shifted from one item's subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Work is approved per Section 1.10. IV. The City will compensate Contractor for the Services performed upon submission of a valid invoice. Each invoice is to include: A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate. B. Line items for all materials and equipment properly charged to the Services. C. Line items for all other approved reimbursable expenses claimed, with supporting documentation. 01247.0006/607871.3 C-1 D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. V. The total compensation for the Services shall not exceed $82,000 as provided in Section 2.1 of this Agreement. 01247.0006/607871.3 C-2 EXHIBIT "D" SCHEDULE OF PERFORMANCE I. Contractor shall perform all work timely in accordance with the following schedule: INom DESCRIPTION OF ITEMS Days to Perform 1 MOBILIZATION, DEMOBILIZATION AND 30 Days after FINAL CLEANUP NTP* 2 TRAFFIC CONTROL SYSTEM 40 Days after NTP 3 DUST AND STORMWATER PROTECTION 50 Days after NTP TRAFFIC SIGNAL 4 TRAFFIC SIGNAL MODIFICATIONFOR THE 90 Days after INTERSECTION OF PRESTON AND NTP BARTON ROAD *For the purposes of this Exhibit"D", "NTP" stands for"Notice to Proceed." II. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2. 01247.00061607871.3