Cities Index.
Agenda packet

El Centro City Council
December 16, 2025

Document
Agenda packet
Meeting
December 16, 2025
Body
El Centro City Council
Pages
788
Original file
113.5 MB
Text extracted from the city's file for reading and search. Open the original on elcentroca.api.civicclerk.com. That file is the official record.

30 08/2025/cdz/A25-0169/BidDoc/ImpAveTrafficSignalSynProj Defective work shall be made good and unsuitable materials may be rejected notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the Director of Public Works and accepted or estimated for payment. 1-47 DEFECTIVE WORK OR MATERIALS
(a) If the work, or any part thereof, shall be found defective at any time before the final acceptance of the whole work, the Contractor shall forthwith make good such defects without compensation in a manner satisfactory to the Director of Public Works, and the cost of any excess material furnished by the City shall be borne by the Contractor. (b) All materials not conforming to the requirements of these specifications shall be considered as defective and all such material whether in place or not shall be rejected and shall be removed immediately from the site of the work unless otherwise permitted by the Director of Public Works. No rejected material, the defects of which have been subsequently corrected shall be used until approved in writing by the Director of Public Works. (c) Upon failure on the part of the Contractor to comply with any order of the Director of Public Works made under the provisions of this article, the Director of Public Works shall have authority to remove and replace defective material and to deduct the cost of removal and replacement from any monies due or to become due the Contractor. 1-48 USE OF COMPLETED PORTIONS
The City may at any time during progress of the work, after written notice to the Contractor, take over and place in service any completed portions of the work which are ready for service, although the entire work of the contract is not fully completed and notwithstanding the time for completion of the entire work or such portions which may not be expired. In case, the City shall issue certificates of acceptance for such portions of the work but such taking possession thereof shall not be deemed an acceptance of any other portion of the work, nor of any incomplete portions, nor of any work not completed in accordance with the contract documents. 1-49 PROPERTY RIGHTS IN MATERIALS
Nothing in this contract shall be construed as vesting in the Contractor any right of property in the materials used after they have been attached or affixed to the work or the soil or after payment has been made for the value of unused material delivered to the site of the work as provided for in Section 1-23 hereof. All such materials attached or affixed or unused shall become the property of the City.
1-50 TITLE TO MATERIALS FOUND ON THE WORK
The right to the use of all soil, stone, gravel, sand and all other materials and equipment developed or obtained in the excavation or other operations by the Contractor or any subcontractor or any of

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31 08/2025/cdz/A25-0169/BidDoc/ImpAveTrafficSignalSynProj their employees and the right to use and/or dispose of the same are hereby expressly reserved in the City and neither the Contractor, nor any subcontractor nor any of their employees shall have any right, title or interest in or to any part thereof nor shall they, nor any of them, assert or make any claim thereto. The Contractor shall be permitted to use in the work, without charge, any such materials, which meet the requirements of these specifications. 1-51 ENFORCEMENT OF ORDER
The Contractor shall be responsible for maintaining good order at the site where work is performed under this contract and to that end shall employ such watchmen or other persons as may be required. Unauthorized persons shall be excluded from the site of the work. The Contractor shall not sell, nor shall he permit or suffer the introduction or use of intoxicating liquors or narcotics upon the works embraced in these specifications or upon any of the grounds occupied or controlled by him in connection with such works.
1-52 PATENTS AND COPYRIGHTS
The Contractor shall hold and save the City, it officers, agents and employees harmless from liability of any nature and kind including costs and expenses for or on account of any copyrighted or un-copyrighted composition, secret process, patented or un patented invention, article or appliance manufactured, furnished or used by him in the performance of this contract, including their use by the City, unless otherwise specifically agreed upon in the contract. 1-53 LAWS AND REGULATIONS
(a) The Contractor shall keep himself fully informed of all Federal and State laws, County and City ordinances and regulations which in any manner affect those engaged or employed on the work or the materials used in the work or in any way affecting the conduct of the work.

If any discrepancy or inconsistency should be discovered in this contract, or in the drawings or specifications herein referred to in relation to any such law, ordinance or regulation, he shall forthwith report the same in writing to the Director of Public Works. He shall, at all times, observe and comply with and shall cause all his agents and employees to observe and comply with all such applicable laws, ordinances and regulations in effect or which may become effective before completion of this contract. He shall protect and indemnify the City and its officers and agents against any claim or liability arising from or based on the violation of any such law, ordinance or regulation whether by himself or by his employees.
(b) Except as otherwise explicitly provided elsewhere in these specifications, all permits and licenses necessary to the prosecution of the work shall be secured by the Contractor at his own expense, and he shall pay all taxes properly assessed against his equipment or property used or required in connection with the work.
(c) All federal laws and regulations now imposed by competent authority and relating to any materials required to be furnished under these specifications and work required to be done hereunder shall be deemed to be and hereby are made controlling and part of these

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32 08/2025/cdz/A25-0169/BidDoc/ImpAveTrafficSignalSynProj specifications.
1-54 CULTURAL RESOURCES
The Contractor’s attention is directed to the provisions of the Clean Water Grant Program Bulletin 76A which augments the National Historic Preservation Act of 1966 (16 U.S.C. 470) as specified under Section 01560, “Temporary Environmental Controls” of the General Requirements. 1-55 PROTECTION OF WORKERS IN TRENCH EXCAVATIONS
As required by Labor Code §6705 and in addition thereto, whenever work under the Contract involves the excavation of any trench or trenches five (5) feet or more in depth, the Contractor shall submit for acceptance by the City or by a registered civil or structural engineer, employed by the City, to whom authority to accept has been delegated, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation, of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared by a registered civil or structural engineer employed by the Contractor, and all costs therefore shall be included in the price named in the Contract for completion of the Work as set forth in the Contract Documents. Nothing in this Section shall be deemed to allow the use of a shoring, sloping, or other protective system less effective than that required by the Construction Safety Orders. Nothing in this Section shall be construed to impose tort liability on the City, the Construction Manager, the Design Consultant or any of their officers, agents, representatives, or employees. 1-56 TRAVEL AND SUBSISTENCE PAY
a) As required by Labor Code §1773.1, the Contractor shall pay travel and subsistence payments to each worker needed to execute the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this Section.
b) To establish such travel and subsistence payments, the representative of any craft, classification or type of worker needed to execute the contracts shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within ten (10) days after their execution and thereafter shall establish such travel and subsistence payments whenever filed thirty (30) days prior to the call for bids.
1-57 SALES AND/OR USE TAXES
Except as may be otherwise provided herein, all sales and/or use taxes assessed by Federal, State or local authorities on materials used or furnished by the Contractor in performing the work hereunder shall be paid by the Contractor.

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33 08/2025/cdz/A25-0169/BidDoc/ImpAveTrafficSignalSynProj 1-58 CONTRACTOR NOT RESPONSIBLE FOR DAMAGE RESULTING FROM CERTAIN

ACTS OF GOD
As provided in Public Contract Code §7105, the Contractor shall not be responsible for the cost of repairing or restoring damage to the work which damage is determined to have been proximately caused by an act of God, in excess of five (5%) percent of the contract amount, provided, that the work damaged was built in accordance with accepted and applicable building standards and the plans and specification of the City. The Contractor shall obtain insurance to indemnify the City for damages to the work caused by an act of God if the insurance premium as a separate bid item in the bidding schedule for the work. For purposes of this Section, the term “acts of God” shall include only the following occurrences or conditions and effects: earthquakes in excess of a magnitude of 3.5 on the Richter Scale and tidal waves.
1-59 RESPONSIBILITY FOR DAMAGE
(a) Indemnity Agreement
In addition and complementary to any other indemnification provided in these bid documents, and except for the negligence or willful misconduct of an Indemnitee (as hereinafter defined), the Contractor hereby assumes liability for and shall defend (at Indemnitees’ option), indemnify, protect and hold harmless the City and its project consultants and engineers, officers, agents, and employees (“Indemnitees”) from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnitees arising out of or encountered in connection with this Agreement or the performance of the work including, but not limited to, death of or bodily or personal injury to persons or damage to property, including property owned by or under the care and custody of the City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of the Contractor, its officers, agents, employees or subcontractors including, but not limited to, liability arising from:

1. Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by the Contractor, its officers, agents, employees, or subcontractors;

2. Any operation conducted upon or any use or occupation of the premises by the Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this contract or otherwise;

3. Any act, omission or negligence of the Contractor, its officers, agents, employees, or subcontractors;

4. Any failure of the Contractor, its officers, agents or employees to comply with any of the terms or conditions of this contract or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation; and

5. The conditions, operations, uses, occupations, acts, omissions or negligence

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34 08/2025/cdz/A25-0169/BidDoc/ImpAveTrafficSignalSynProj referred to in sub-subsections (1), (2), (3), and (4), existing or conducted upon or arising from the use or occupation by the Contractor on any other premises in the care, custody and control of the City.

The Contractor also shall indemnify the City and pay for all damage or loss suffered by the City including but not limited to damage to or loss of the City’s property, to the extent not insured by the City and loss of the City’s revenue from any source, caused by or arising out of the conditions, operations, uses, occupations, acts, omissions or negligence referred to in sub-subsections (1), (2), (3), (4), and (5).

The Contractor’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of the City under any provision of this agreement, the Contractor shall not be required to indemnify and hold harmless the City for liability attributable to the active negligence of the City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where the City is shown to have been actively negligent and where the City’s active negligence accounts for only a percentage of the liability involved, the obligation of the Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of the City.

The Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of the Contractor in the performance of this Agreement. In the event the Contractor fails to obtain such indemnity obligations from others as required here, the Contractor agrees to be fully responsible according to the terms of this section.

Failure of the City to monitor compliance with these requirements imposes no additional obligations on the City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend the City as set forth here is binding on the successors, assigns or heirs of the Contractor and shall survive the termination of this Agreement or this section.

This Indemnity shall survive termination of the Agreement of Final Payment hereunder.

This Indemnity is in addition to any other rights or remedies that the Indemnitees may have under the law or under any other contract documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, the City may, in its sole discretion, reserve, retain or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided, however, the City may release such funds if the Contractor provides the City with reasonable assurance of protection of the Indemnitees’ interests. The City shall, in its sole discretion, determine whether such assurances are reasonable.
(b) Insurance Requirements – see provisions of the Construction Agreement

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35 08/2025/cdz/A25-0169/BidDoc/ImpAveTrafficSignalSynProj (c) Additional Requirements

1. The Contractor agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by the Contractor, provide the same minimum insurance coverage required of the Contractor. The 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. The Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to the City for review.

2. The Contractor agrees that all layers of third party liability coverage required herein, primary, umbrella and excess, will have the same starting and expiration date. The Contractor agrees further that all other third party coverages required herein will likewise have concurrent starting and ending dates.

3. The Contractor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, architect, engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to the City. If the Contractor’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.

4. 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 will negotiate additional compensation proportional to the increased benefit to City.

5. For purposes of applying insurance coverage only, all contracts pertaining to the project will be deemed to be executed when finalized and any activity commences in furtherance of performance under this Agreement.

6. The Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform the Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights hereunder in this or any other regard.

7. The Contractor will renew the required coverage annually as long as the City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or

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36 08/2025/cdz/A25-0169/BidDoc/ImpAveTrafficSignalSynProj terminated for any reason. The insurance shall include but not be limited to products and completed operations and discontinued operations, where applicable.

Termination of this obligation is not effective until the City executes a written statement to that effect.

8. The Contractor agrees to waive its statutory immunity under any workers’ compensation statute or similar statute, in relation to the City, and to require all subcontractors and any other person or entity involved in the project contemplated by this Agreement to do likewise.

9. Requirements of specific coverage features are not intended as limitations on other requirements or as a waiver of any coverage normally provided by any given policy.

Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be all inclusive.

10. Any provision in any of the construction documents dealing with the insurance coverage provided pursuant to these requirements is subordinate to and superseded by the requirements contained herein. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such.

11. All liability coverage provided according to these requirements must be endorsed to provide a separate aggregate limit for the project that is the subject of this agreement and evidencing products and completed operations coverage for not less than two (2) years after issuance of a final certificate of occupancy by all appropriate government agencies or acceptance of the completed work by the City.

12. The Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge the City or the Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to the City. It is not the intent of the City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against the City for payment of premiums or other amounts with respect thereto.
1-60 TRESPASS
The Contractor shall be responsible for all damage or injury, which may be caused on any property by trespass of the Contractor's employees in the course of their employment whether the said trespass was committed with or without the consent or knowledge of the Contractor. 1-61 SAFETY, SANITARY AND MEDICAL REQUIREMENTS
The Contractor and his subcontractors, if any, and employees shall promptly and fully carry out the existing safety, sanitary and medical requirements as may from time to time be prescribed by the City or by County or State Health Departments to the end that proper work shall be done and

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37 08/2025/cdz/A25-0169/BidDoc/ImpAveTrafficSignalSynProj the safety and health of the employees and of the community may be observed and safeguarded.

In case such regulations and orders are not observed by the Contractor they may be enforced by the Director of Public Works at the Contractor's expense. 1-62 PROTECTION AND CLEAN UP
The Contractor shall protect and care for all work until completion and acceptance thereof. Before the Contractor makes application for the acceptance of the work, all rubbish, excess earth and rock or surplus materials shall be removed leaving the site in a neat, orderly and presentable condition. 1-63 LABOR DISCRIMINATION
No discrimination shall be made in the employment of persons upon public works because of the race, color, religion, religious creed, national origin, ancestry, disability (mental and physical) including HIV and AIDS, medical condition (cancer and genetic characteristics), genetic information, marital status, sex (which includes pregnancy, childbirth and medical conditions related to pregnancy or childbirth), gender, gender identity, gender expression, age or sexual orientation of such persons except as provided in Government Code §12940, and every contractor for public works violating Labor Code §1735 is subject to all penalties imposed for a violation of Chapter 1, of Part 7, of Division 2 of the California Labor Code. 1-64 APPRENTICES
The Contractor shall comply with all applicable provisions of Labor Code §1777.5 relating to employment of apprentices on public works.

Attention is directed to the provisions of Labor Code §§1777.5 and 1777.6 concerning the employment of apprentices by the Contractor or any subcontractor under him. The Contractor and any subcontractor under him shall comply with the requirements of said sections in the employment of apprentices.

Information relative to Apprenticeship Standards Wage Schedules and other requirements may be obtained from the Director of Industrial Relations, Ex Officio the Administrator of Apprenticeship - San Francisco, California or from the Division of Apprenticeship Standards and its branch offices.
1-65 PRECONSTRUCTION CONFERENCE
Before the start of construction, the Director of Public Works will arrange to meet with the Contractor to discuss the requirements on such matters as project supervision, on-site inspections, progress, schedules and reports, payment(s) to Contractor(s), safety and other items pertinent to the project. At this conference, all parties should be prepared to discuss any anticipated problems. 1-66 SUBCONTRACTING LISTING
(a) Any person making a bid or offer to perform the work described in this Contract shall in

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38 08/2025/cdz/A25-0169/BidDoc/ImpAveTrafficSignalSynProj his bid or offer set forth:

1. The name and location of the place of business of each subcontractor who will perform work of labor or render service to the Contractor in or about the construction of the work or improvement or a subcontractor licensed by the State of California, who, under the subcontract to the Contractor, especially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications in an amount in excess of one-half of one percent (.005%) of the Contractor’s total bid.

2. The portion of the work which will be done by each such subcontractor under this Contract. The Contractor shall list only one subcontractor for each such portion as is defined by the Contractor in his bid.

3. The subcontractor DIR registration number.
(b) No contractor whose bid is accepted shall, without the consent of the City, either:

1. Substitute any person as a subcontractor in place of the subcontractor designated in the original bid.

2. Permit any subcontractor to be assigned or transferred or allow it to be performed by any other than the original subcontractor listed in the bid.

3. Sublet or subcontract any portion of the work in excess of one-half of one percent (.005%) of the Contractor's bid as to which his original bid did not designate a subcontractor.
(c) Subletting or subcontracting any portion of the work as to which no subcontractor was designated in the original bid shall be permitted only in case of public emergency or necessity, and then only after a finding reduced to writing as public record of the awarding authority setting forth the facts constituting such emergency or necessity. 1-67 PROHIBITING WORK BY CERTAIN CONTRACTORS
Pursuant to the provisions in Labor Code §§1777.1 and 1777.7, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a subcontractor on a public works project. This list of debarred contractors is available from the Department of Industrial Relations web site at: http://www.dir.ca.gov/DLSE/Debar.html.
1-68 CERTAIN CLAIMS – SUBJECT TO THE PROVISIONS OF PUBLIC CONTRACT CODE SECTION 9204, ATTACHED AND INCORPORATED

END OF GENERAL CONDITIONS

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SPECIFICATIONS

1.01 STANDARD SPECIFICATIONS Unless indicated otherwise, the work embraced herein shall be done in accordance with the appropriate provisions of construction details as shown in the specifications entitled “GREEN BOOK Standard Specifications for Public Works Construction,” the latest edition, insofar as the same may apply, which specifications are hereinafter referred to as the Standard Specifications and in accordance with the following provisions:

In case of conflict between the Standard Specifications and these General Conditions and Specifications, the General Conditions and Specifications shall take precedence over and be used in lieu of such conflicting portions.

1.02 SCOPE OF WORK:

This project involves installing new equipment, and software to provide traffic signal upgrades in order for six (6) existing signal lights located along Imperial Ave. at Ocotillo Dr., Pepper Dr, Ross Ave., Hamilton Ave, State St., and Main St.; and one (1) HAWK signal located at the intersection of Imperial Ave and Holt Ave. to have synchronization capabilities. The six (6) existing signal lights located along Imperial Ave. at Ocotillo Dr., Pepper Dr, Ross Ave., Hamilton Ave, State St., and Main St.; and one (1) HAWK signal located at the intersection of Imperial Ave and Holt Ave. shall all be interconnected with fiber optic. The Imperial Ave. & Main St. signalized intersection is equipped with a transmitter to communicate with the existing master computer at the City of El Centro Public Works Yard.

END OF SPECFICATIONS

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SPECIAL PROVISIONS

1.00 ORDER OF WORK
Prior to commencement of any work on the project, a preconstruction conference will be held at the City Engineer's Office for the purpose of review and discussion of progress schedule and construction procedures. At the discretion of the Engineer, periodic meetings involving project personnel (the Contractor, utility and others) will be held for the purpose of coordinating project activities.

The first order of work shall be to install the project signs and construction information signs ten (10) working days prior to the start of work.

The signal lights shall remain operating during the construction period. If construction requires the temporary placement of flashing red lights, the Contractor shall prepare a schedule and duration of the needed flashing red lights. The schedule and duration time shall be submitted to the City of El Centro, Maintenance Supervisor, Mark Limon.

If the signal lights require to be shut off, the Contractor shall provide traffic control flaggers during the period of shut-off, until the signal lights are operational or at a minimum on a flashing red status.

At least one (1) lane in each direction shall remain open at all times.

Attention is directed to "Traffic Control" of these Special Provisions.

Full compensation for conforming to these requirements will be considered included in the Contract lump sum (LS) price paid for the bid item TRAFFIC CONTROL.

1.02 STARTING AND COMPLETION OF WORK - The Contractor shall begin work within ten (10) working days after receiving "Notice to Proceed" from the City Council or City Attorney, and shall diligently prosecute the work to completion before the expiration of ninety (90) working days from the “date of beginning” as stated in the Notice to Proceed.

1.03 FAILURE TO COMPLETE ON TIME AND LIQUIDATED DAMAGES - (See General Conditions 1-22). It is agreed by the parties of the contract that in case of all work called for under the contract is not completed before or upon the expiration of the time limits set forth in these Special Provisions, damage will be sustained by the City and that it will be impracticable to determine the actual damage by which the City will sustain in the event of and by reason of such delay and it is therefore agreed that the Contractor will pay to the City the sum of one thousand two hundred fifty dollars ($1,250) per day for each and every day's delay beyond the time prescribed to complete the work.

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2.00 TRAFFIC CONTROL REQUIREMENTS
The Contractor shall provide a Traffic Control Plan to the City for approval no later than fourteen (14) days prior to the scheduled commencement of work.

Comments and corrections shall be returned to the Contractor within five (5) working days. The Traffic Control Plan shall be submitted on 610 mm x 914 mm (24” x 36”) blueprints, or minimum 11” x 17”, and conform to the following requirements listed in this section.

The Traffic Control Plans as approved by the City shall be the minimum requirements for traffic control. The Traffic Control Plans do not preclude the Contractor from providing additional traffic control.

If the Contractor elects to modify the Traffic Control Plans, the Contractor shall submit the revised Traffic Control Plans that are consistent with latest edition of the California MUTCD, signed and stamped by a California Registered Professional Traffic or Civil Engineer, to the City for approval no later than fourteen (14) calendar days prior to the scheduled commencement of work.

Comments and corrections will be returned to the Contractor within ten (10) working days.

The revised Traffic Control Plan shall indicate the traffic handling and control requirements for the different types of work to be performed, including advance construction signs. The Contractor shall be responsible for the preparation of Plans as necessary for specific items of work.

The revised Traffic Control Plans shall indicate the traffic control requirements for the different types of work to be performed. The Contractor shall be responsible for the preparation of the revised Traffic Control Plans, as necessary, for specific items of work. The revised Traffic Control Plans shall be approved by the Engineer.

2.01 POSTING REQUIREMENT
The Contractor shall post and remove temporary “No Parking” signs along all routes. Signs shall be in place for at least seventy-two (72) hours in advance of commencing work. Maximum space between signs shall be one hundred (100) feet. Signs may be attached to existing poles, parkway trees, or any available support that may exist in the public right-of-way or the Contractor may furnish sign supports as may be necessary.

3.00 CONSTRUCTION AREA SIGNS
The Contractor shall furnish, install, maintain, and remove all construction area signs in conformance with the plans and Sections 12-3.06 of the State of California Department of Transportation (Caltrans) Standard Specifications, latest edition.

4.00 DUST CONTROL
Dust control shall be performed in accordance with Subsection 7-8.1, "Clean up and Dust Control,"

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42 08/2025/cdz/A25-0169/BidDoc/ImpAveTrafficSignalSynProj of the Standard Specifications, Imperial County Air Pollution Control District Rules 800, 801, 802, 803, the general Provisions and the following Provision.

Dust resulting from the Contractor’s performance of the work, either inside or outside, the rightof-way shall be controlled by the Contractor. Dust control includes the action necessary to prevent, reduce or control dust within the work area as required to complete the work. The Contractor shall carry out proper and efficient measures to prevent his operations from producing dust in amounts damaging to property or causing a nuisance, or harm to persons living nearby or occupying buildings in the vicinity of the work. The Contractor shall control dust twenty-four (24) hours a day, seven (7) days a week. The methods to be used for controlling dust in the construction area and along haul roads shall be approved by the Engineer prior to starting any work.

Dust or dirt accumulations generated by the Contractor’s operations shall be cleaned and removed by the Contractor from all areas as designated by the Engineer. The cost for cleaning and removal of dust or dirt shall be at the Contractor’s expense and no additional compensation will be made therefore.

Water for use in dust control shall, at the option of the Contractor, be potable or non-potable. Nonpotable water shall consist of reclaimed waste water or non-potable water developed from other sources.

If the Contractor uses reclaimed waste water in the work, the sources and discharge of reclaimed waste water shall meet the California Department of Health Services Water Reclamation Criteria and the Regional Water Quality Control Board requirements. The Contractor shall obtain either a waste water discharge permit or a waiver from the Regional Water Quality Control Board. Copies of permits or waivers from the Regional Water Quality Control Board shall be delivered to the engineer before using reclaimed waste water in the work.

Water shall be applied in the amounts, at the locations, and for the purposes designated in the Special Provision and these Specifications, and as order by the Engineer.

Water for compacting embankment material, sub-base, base and surfacing material, and for laying dust, shall be applied by means of pressure-type distributors or pipe lines equipped with a spray system or hoses with nozzles that will ensure a uniform application of water.

All equipment used for the application of water shall be equipped with a positive means of shutoff.

Unless otherwise permitted by the Engineer or unless all the water is applied by means of pipe lines, at least one mobile unit with a minimum capacity of 3700 L (1,000 gallons) shall be available for applying water on the project at all times.

Chemical additives or binder may be used in water for compaction or dust palliative. If such additives are used, furnishing and applying the additives shall be at the Contractor’s expense.

The right is reserved by the Engineer to prohibit the use of a particular type of additive, to designate

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43 08/2025/cdz/A25-0169/BidDoc/ImpAveTrafficSignalSynProj the locations where a particular type of additive may not be used, or to limit the amount of a particular type of additive to be used at certain locations, all if the Engineer has reasonable ground for believing that such use will in any way be detrimental.

The additive or binder shall be either miscible in water or be some form of material that is directly applied to the surface without mixing with water.

Additives or binders that are miscible in water shall be either a resin emulsion, an SS1 type asphaltic emulsion, materials composed essentially of lignin sulfonate, or any other binder that is miscible in water in the proportions provided herein is non-corrosive, and is effective as a dust palliative.

Resin emulsion shall be composed of from 57 percent (57%) to 63 percent (63%) of semi-liquid petroleum resin and the remainder water to which a suitable emulsifying agent has been added.

The resin emulsion shall be readily miscible with water and when diluted with any hard water in the proportions of one part of emulsion to ten parts water shall show no signs of breakdown or separation of the petroleum resin base. Resin emulsion, which has been stored in closed containers at temperatures above freezing for a period up to three (3) months, shall show no signs of separation. Any resin emulsion which has been stored for more than three (3) months shall not be used until tested and approved.

SS1 type asphaltic emulsion shall conform to the provisions in Subsection 203-3, “Emulsified Asphalt.”
Additives or binders that are miscible in water shall be mixed with additional water at the rate of from four to nineteen parts of water to one part of binder, the exact rate to be determined by the Engineer. Mixing shall be accomplished by placing the binder and water in the spreading equipment simultaneously or by some other mixing method that will produce equivalent results.

The resulting mixture shall be applied with pressure type water distributor trucks equipped with a spray system or pressure type asphalt distributors at an approximate rate of from 0.9- to 3.6 L/m2. (O.2 to 0.8 gallon on per square yard)
Additives or binders that are directly applied to the surface without mixing with water shall be applied with equipment approved by the Engineer. The binder shall be applied at a rate of from

0.4- to 1.1L/m2. (0.10 to 0.25 gallons per square yard) The exact rate and number of applications of binders will be determined by the Engineer.

Dust control ordered by the Engineer to be applied on Saturdays, Sundays or holidays will be included in the Contract price for dust control and no additional compensation will be allowed therefore.

No adjustment of compensation will be made for any increase or decrease in the quantity of dust control required, regardless of the reason for such increase or decrease.

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44 08/2025/cdz/A25-0169/BidDoc/ImpAveTrafficSignalSynProj The full compensation for all direct and indirect costs incurred for work performed or materials used to control dust resulting from the Contractor’s performance of the work and caused by public traffic, either inside or outside the right-of-way shall be considered as included in the Contract prices paid for the various items of work involved and no additional compensation will be allowed therefore.

5.00 NOT USED

6.00 COOPERATION AND COLLATERAL WORK
Cooperation shall be in accordance with Subsection 5-6, “Cooperation,” and Subsection 7-7, “Cooperation and Collateral Work,” of the Standard Specifications and these Special Provisions.

The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others and coordinating with the work by others. The City, other contractors and utilities shall have the right to operate within or adjacent to the work site during the performance of such work.

Should construction be under way by other forces or by other contractors within or adjacent to the limits of the work specified or should work of any other nature be under way by other forces within or adjacent to those limits, the Contractor shall cooperate with all the other contractors or other forces to the end that any delay or hindrance to their work will be avoided. The right is reserved to perform other or additional work at or near the site (including material sources) at any time, by the use of other forces.

The Contractor and each subcontractor shall be responsible to the other for all damage to work, to persons or property caused to the other by their operations, and for loss caused the other due to unnecessary delays or failure to finish the work within the time specified for completion.

The Contractor shall include in its bid all costs involved as a result of coordinating its work with others. The Contractor will not be entitled to additional compensation from the City for damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall re-deploy its work force to other parts of the work.

It is anticipated that some or all of the existing utilities will be relocated during construction. The Contractor is to coordinate its work with the utility companies and with any other utility relocating their facilities, at no separate or additional cost.

Should the Contractor be delayed by the City, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. Should any agency or utility company’s work result in delays to the Contractor’s work schedule, the Contractor shall be entitled only to an equivalent extension of time for the completion of the contract, and shall not be entitled to damages due to downtime and idled equipment or additional payments over and above the agreed upon unit prices.

Compensation for compliance with all collateral work shall be considered as being included in the various Contract items in the bid schedule and no additional compensation will be allowed therefore.

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7.00 TRAFFIC CONTROL
Traffic controls, including but not limited to, vehicular and pedestrian traffic controls, maintenance of vehicular and pedestrian access, detours, and street closures shall be in accordance with the Special Provisions; Traffic Control Plans; Manual on Uniform Traffic Control Devices (MUTCD) for Streets and Highways, 2014 Edition, California Supplemental Part 6 Temporary Traffic Control; Subsection 7-10, of the current “Standard Specifications for Public Works Construction,” including all its subsequent amendments. Nothing in the Special Provisions shall be construed as relieving the Contractor from his or her responsibility to provide for the safety and convenience of traffic and the public during construction.

In the event of conflict, the order of precedence shall be as follows:

1. Special Provisions

2. Traffic Control Plans

3. MUTCD 2014, California Supplement Part 6, Temporary Traffic Control

4. MUTCD for Streets and Highways, 2012 Edition, Part 6 Temporary Traffic Control

5. Standard Specifications
Traffic Control shall be in accordance with the following Special Provisions:

1. All streets shall remain open to through traffic at all times except when street closure is approved by the Engineer. The Contractor shall make provisions to allow local traffic access to the closed streets. The local traffic consists of, but is not limited to, residences, church congregations, farmers, post offices, meter readers, trash pickup, school buses, and emergency vehicles. The Contractor shall provide a smooth travel way and either a flagger and/or signing to direct traffic.

2. The Contractor shall be responsible for the preparation of Traffic Control Plans as necessary for the work. The Traffic Control Plans shall be signed and stamped by a California Registered Traffic Engineer and transmitted to the City for approval no later than fourteen (14) calendar days prior to the scheduled commencement of work. Comments and corrections shall be returned to the Contractor within five (5) working days. The Traffic Control Plans shall conform to the requirements listed in these Technical Provisions; MUTCD 2014, California Supplement Part 6, Temporary Traffic Control; Manual on Uniform Traffic Control Devices for Streets and Highways, 2014 Edition, Part 6 Temporary Traffic Control; and the Standard Specifications.

3. All traffic controls and safety devices, equipment and materials, including but not limited to cones, channelizers, delineators, flashing warning lights, barricades, high level warning devices (telescoping flag trees), flags, signs, markers, portable barriers, temporary railing (Type-K), temporary fencing, flashing arrow signs, changeable message sign, markings, and flagging equipment shall be provided and maintained in “like new” condition.

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4. The Contractor shall furnish and properly install, construct, erect, use and continuously inspect and maintain, twenty-four (24) hours per day, seven (7) days per week, which includes holidays, all said devices, equipment and materials and all temporary and permanent pedestrian and driving surfaces as necessary to provide for the safety and convenience of, and to properly warn, guide, control, regulate, channelize and protect the vehicular traffic, pedestrian traffic, project workers, and the public throughout the entire limits of the work activity and beyond said limits as necessary to include areas affecting or affected by the work, from the date of Notice to Proceed to the completion and acceptance of the work.

5. High-level warning devices (telescoping flag trees) are required at all times for work being performed within the roadway unless otherwise specifically approved by the Engineer.

6. All barricades shall be equipped with flashing warning lights, and all traffic cones shall be no less than 711mm (28“) in height, except that shorter cones, 305 mm (12“) minimum height, may be permitted during striping maintenance operations where the only function of the cone is to protect the wet paint from the traffic.

The entire area of orange and white stripes for barricades shall be Type I, engineering grade, or Type II, super engineering grade, retro-reflective sheeting conforming to the requirements of ASTM Designation: D 4956-95.

7. Type III barricades, no less than 1.83 m (6’) in length and equipped with two (2) Type “N” markers each and two (2) portable flashing beacons each, shall be used to close streets, except as otherwise specifically approved by the Engineer for minor maintenance work of no more than one (1) working days duration, on weekdays, or on holidays only, and limited to the hours between 8:30 a.m. and 3:30 p.m. Said barricades shall be placed across the full roadway at each point of closure with the distance between barricades, or between barricades and curbs, not exceeding 914 mm (3’) except that one (1) 3.3 m (11’) wide gap between barricades shall be provided at the center of the street. Barricades to the right of the street’s center, facing the inbound vehicular traffic, shall also be equipped with one (1) Type C2 “Road Closed” sign, one (1) Type C3A, “Road Closed to Thru Traffic,” sign, and a Type P warning sign.

8. Channelizers shall be surface mounted type and shall be furnished, placed and maintained at the locations shown on the Plans or as approved by the Engineer, and shall conform to the provisions in Subsection 12-3.07, “Channelizers,” of the State of California Standard Specifications and these Special Provisions.

When no longer required for the work as determined by the Engineer, channelizers (except channelizers to be left in place), and underlying adhesive used to cement the channelizers bases to the pavement, shall be removed. Removed channelizers and adhesive shall become the property of the Contractor and shall be removed from the site of work.

9. Reflectorized (both sides) temporary self-adhesive markers, 100mm (4in) wide, shall be

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47 08/2025/cdz/A25-0169/BidDoc/ImpAveTrafficSignalSynProj applied to unstriped pavement surface before opening the travel way to public traffic.

Reflectorized temporary yellow markers shall be used for to delineate the centerline to separate opposing traffic. Reflectorized temporary white markers shall be used to delineate lanes of travel and placed in 600mm (24in) intervals transverse to the road to delineate stop bars and limit lines.

The reflectorized temporary markers shall be removed the same day the first coat of striping has been placed on the pavement. The removal of the markers shall be done such a way that the pavement is not damaged.

10. Except as otherwise approved by the Engineer, two-way vehicular traffic shall be maintained at all times within two (2) 3.3m (11’) wide lanes on streets having an effective roadway width of 13.4 m (44’) or more with restricted parking. Other streets of lesser widths may be reduced to one (1) 3.6 (12’) wide lane with work activity being limited to one side at a time, and the one-way vehicular traffic being maintained at all times by properly trained and experienced flaggers. All lane closures shall have flashing arrow signs to provide additional, high level, advanced warning.

No reduction of the traveled way width shall be permitted on any City street before 8:30 a.m. or after 3:30 p.m., on weekends or holidays, or when active work is not being done, unless otherwise approved by the Engineer.

11. Properly-trained and experienced flaggers shall be provided to direct traffic when said traffic is to be interrupted, when two-way traffic is to be reduced to one-way traffic, and at other such times as is necessary to safely pass traffic through or around the work area and when so directed by the Engineer.

12. Vehicular access to occupied residential property may be restricted on weekdays, other than holidays, between the hours of 8:30 a.m. and 3:30 p.m. while essential work activity is taking place only upon approval by the Engineer and providing the Contractor gives the property owner or resident at least forty-eight (48) hour advance written and oral notice.

Convenient and safe pedestrian access to schools, churches, occupied residential and business property shall be maintained at all times. Access to mailboxes shall be maintained at all times such that the postal delivery service is not interrupted. Trash pick-up services shall not be interrupted. Access to vacant and unused property may be restricted when approved by the Engineer. Both vehicular and pedestrian access shall be maintained at all times to all other property except as otherwise specifically authorized in writing by the Engineer.

13. Vehicular access to business, school and church driveways shall be maintained at all times during construction.

14. Traffic control and safety devices and equipment being used that becomes damaged, destroyed, faded, graffitied, encrusted, soiled, misplaced, worn out, inoperative, lost, or stolen shall be promptly repaired, refurbished, or replaced. Traffic control and safety

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48 08/2025/cdz/A25-0169/BidDoc/ImpAveTrafficSignalSynProj devices and equipment being used, that is displaced or not in an upright position from any cause, shall be promptly returned or restored to their proper position.

15. An unobstructed view of all signs and warning devices including, but not limited to, stop signs, stop ahead signs, street name signs, and other regulatory, warning and construction signs, markers, and warning devices shall be maintained at all times. All speed limit signs shall be black on white with signs at either end of the project notifying the motoring public that fines are doubled in construction zones. No trucks or other equipment or materials shall be stopped, parked, or otherwise placed so as to obscure said signs, markers and devices from the view of the vehicular and pedestrian traffic to which it applies.

16. When entering or leaving roadways carrying public traffic, the Contractor’s equipment, whether empty or loaded, shall yield to said public traffic at all times, except where the traffic is being controlled by police officers, fire officers, properly-trained and experienced flaggers, or at traffic signalized intersections.

17. Stockpiling or storage of materials on any public right-of-way or parking area will not be allowed without the specific written permission of the Engineer. Materials spilled along or on said right-of-way or parking area shall be removed completely and promptly. All stockpile and storage areas shall be maintained in a safe, neat, clean, and orderly condition, and shall be restored to equal or better than original condition upon completion of the work.

18. On projects involving work on, closure of, or partial closure of existing streets, and where vehicular access to the abutting property must be restricted, the work shall be so selected, arranged and scheduled that the person(s) requiring access to said abutting property and residents along said streets affected will be able to park within a reasonable distance of not more than 150m (500’) from their homes or destination. In addition, no two adjoining streets shall be closed at the same time, except as otherwise approved by the Engineer.

Residents must be given written notice of such restrictions a minimum of forty-eight (48) hours in advance.

19. When work has been completed on a particular street or has been suspended or rescheduled, and said street is to be opened to vehicular traffic, all equipment, “NO PARKING” signs, other obstructions, and unnecessary traffic control devices and equipment shall be promptly removed from that street, except as otherwise approved by the Engineer.

20. Should the Contractor be neglectful, negligent, or refuse, fail, or otherwise be unavailable to promptly, satisfactorily, and fully comply with the provisions specified and referred to herein above, the City reserves the right to correct or mitigate any situation, that in the sole opinion of the Engineer, constitutes a serious deficiency or serious case of noncompliance, by any means at its disposal at the Contractor’s or permittee’s expense, and shall deduct the cost therefore from the Contractor’s progress or final payments. Such corrective action taken by the City shall not reduce or abrogate the Contractor’s legal obligations and liability for proper traffic control and safety measures and shall not serve to transfer said obligations and liabilities from the Contractor to the City or the City’s agents.

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21. Violations of any of the above Provisions or provisions of the referenced publications, unless promptly and completely corrected to the satisfaction of the Engineer, shall, at the sole discretion of the City, be grounds for termination of the Contract, or shut down or partial shutdown of the work, without compensation to the Contractor or permittee, or liability to the City, all as prescribed by contractual obligation or State law, whichever is applicable.

The Contract lump sum (LS) price paid for the bid item TRAFFIC CONTROL PLAN IMPLEMENTATION shall include full compensation for, but not limited to, furnishing all labor (including flagging costs), materials (including construction area signs), tools, equipment, traffic control Plans and revisions, and incidentals, and for doing all the work involved in placing, removing, storing, maintaining, moving to new locations, replacing and disposing of the components of the traffic control including lights, channelizers (surface mounted), temporary railing (Type K) markers, delineators, temporary striping and pavement marking, barricades, portable flashing beacons, flashing arrow signs, portable changeable message signs, as shown on the Plans, as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer.

Full compensation for removing and salvaging the traffic control equipment and materials that are to be reused or reset in the project shall be considered as included in the Contract lump sum price paid for traffic control system and no additional compensation will be allowed therefore.

Partial payment for traffic control shall be based on the percentage of total value of work completed on the other items listed under each schedule as of each progress pay estimate.

8.00 EXISTING IMPROVEMENTS
The Contractor shall make every effort to protect all existing improvements and facilities from damage during the progress of his work. No trees, planters, walks, shrubs, signs, fences or other such facilities shall be removed except as shown or called for on the plans or unless specifically authorized in writing by the Engineer. The contractor shall be held responsible for the care and preservation of the present premises and of adjacent premises and coterminous property. Any parts of them which are injured, damaged or disturbed because of his work shall be repaired, replaced or cleaned by him at his expense.

The Contractor shall apply either water and/or dust palliative for the alleviation or prevention of dust nuisance and damage originating from the Contractor's operation.

8.01 EXISTING UTILITIES
The Contractor will be required to work around public utilities and other improvements that are to remain in place within the construction area. The Contractor will be held liable for any damage to existing improvements or interference with service resulting from his operations. The exact location of underground facilities and improvements within the construction area shall be ascertained by the Contractor before using equipment that may damage such facilities.

9.00 MAINTENANCE CALL-OUTS

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50 08/2025/cdz/A25-0169/BidDoc/ImpAveTrafficSignalSynProj Any expense for maintenance call-outs by the City’s traffic signal maintenance personnel resulting from the Contractor’s operations and construction of this project shall be borne by the Contractor.

10.00 WARRANTIES, GUARANTEES AND INSTRUCTION SHEETS
Warranties, guarantees and instruction sheets shall conform to the provisions in Section 86-1.04, “Warranties, Guarantees and Instruction Sheets” of the State Standard Specifications and these Special Provisions.

Completed work shall be guaranteed to the City by the Contractor for a period of not less than twelve (12) months following the date of acceptance thereof. Where equipment and/or facilities installed by the Contractor are damaged prior to final acceptance by the City, the Contractor shall repair or replace such equipment and/or facilities at his own expense.

11.00 STORAGE OF MATERIAL
The site of work shall be maintained clean at all times. Excavated material shall be loaded directly and hauled away from job site for disposal at the Contractor’s expense. The Contractor shall not store material on job site. He shall store material at a site convenient to the job, off public ways, arranged and paid as a part of his contract work.

12.00 CLEANUP OF SITE
During the progress of the work, the Contractor shall keep the premises occupied by him in a neat, orderly and sanitary condition. He shall dispose of refuse as often as directed, or as may be necessary so that at no time shall there be any accumulation of rubbish, excavated material or equipment that will interfere with convenience or operation of materials so as to provide the minimum obstruction to traffic at all times.

13.00 S ANITARY ARRANGEMENTS
The Contractor shall make provisions for and maintain, in a sanitary manner at the worksite, all necessary and sanitary conveniences for the workers, in accordance with the rules and regulations of the State Board of Health.

14.00 ACCESS
The Contractor’s attention is directed to the existing pedestrian and vehicular access ways crossing the lines of work. These access ways shall not be closed unless an alternate access way is provided.

The Contractor shall assume full responsibility for providing alternate access. The compensation for the work in this time shall be considered as included in the cost of the various contract items of work and no additional compensation will be made therefore.

15.00 MAINTAINING EXISTING AND TEMPORARY ELECTRICAL SYSTEMS Traffic signal system shutdown, if required, shall be limited to periods between the hours of 9:00 a.m. and 3:30 p.m.

The Contractor shall place “STOP AHEAD” and “STOP” signs shall be furnished by the

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51 08/2025/cdz/A25-0169/BidDoc/ImpAveTrafficSignalSynProj Contractor and shall conform to the provisions in Section 12-3.06, “Construction Area Signs,” of the Standard Specifications, except that the base material for the signs shall not be plywood.

Two “STOP AHEAD” signs and two “STOP” signs shall be placed for each direction of traffic.

Location of the signs shall be as directed by the City Traffic Engineer.

Full compensation for furnishing, installing, maintaining, and removing temporary “STOP AHEAD” and “STOP” signs, and for covering signs not in use, shall be considered as included in the contract lump sum price paid for the signal item involved and not additional compensation will be allowed therefore.

All existing signal indications, pedestrian push buttons, detectors, and control equipment shall be maintained in operation at all times, except during shutdown hours as specified above.

Costs for overhead temporary wiring, which may be required to keep the signals in operation during intersection re-wiring, shall be considered as a part of the lump sum bid price for each intersection.

16.00 PROJECT SPECIFIC SPECIAL PROVISIONS
The Following Project Specific Special Provisions, by STC Traffic, Inc., are to be considered part of the Contract Documents.

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PROJECT SPECIFIC SPECIAL PROVISIONS

SPECIFICATIONS
The 2018 Edition of the Caltrans Standard Specifications, as amended, are incorporated herein by reference and are intended to govern all traffic signal, lighting, and signing and striping work, except as modified herein.

All work shall be done in accordance with the Caltrans Standard Specifications and Standard Plans, dated 2018 and all amendments thereto, and in accordance with these Special Provisions.

Definitions of Abbreviations. Whenever in the Caltrans Standard Specifications, Caltrans Standard Plans, or these Special Provisions the following abbreviations and terms are used, the meaning shall be interpreted as follows:

Abbreviation or Term Intent and Meaning
Engineer The City Engineer either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.

Department The Department of Public Works of the City of El Centro.

Director Director of Public Works of the City of El Centro acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.

State The City of El Centro, its properly authorized agents acting within the scope of the particular duties entrusted to them.

Contractor The Contractor providing the traffic signal communications and related work.

TOC The City Maintenance Yard Traffic Operations Center TMS Traffic Management System

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DESCRIPTION OF WORK
The work to be done consists of furnishing all labor, materials, tools, equipment, appurtenances, supervision, performing all operations, traffic control and all other necessary work including utility and transportation services required for the construction of new fiber optic system, ethernet capable traffic signal cabinet equipment, and hybrid vehicle detection systems. The work includes, but is not limited to, installing/modifying pull boxes, traffic controller assemblies, hybrid detection system, conduit, fiber optic cable, fiber optic splicing and termination, networking equipment, software and system integration in accordance with the Plans, Standard Drawings, Specifications, and other provisions of this Contract.

The current signal interconnect network consists of communications over twisted-pair copper interconnect cable and wireless radios. In order to provide Ethernet IP fiber optic communications, this project will require the following improvements:

1. Replacement of the existing copper signal interconnect cable with fiber optic cable inside existing/proposed conduit at locations shown on the plans

2. Detection system improvements at 5 signalized intersections System

3. Integration at the City Maintenance Yard Traffic Operations Center (TOC)

4. Set-up and configuration of a complete Ethernet IP traffic signal network to facilitate traffic signal, video detection, and traffic management-based networks

5. Replacement of existing traffic signal controllers and conflict monitors The proposed work shall be performed as shown on the project plans and as described in these Special Provisions. The Contractor shall provide the City with shop drawings/cut sheets of all new traffic signal/communication equipment for review and approval prior to ordering.

FIELD LOCATING EXISTING UNDERGROUND UTILITIES
At least two working days (48 hours) prior to any potholing or excavating, the Contractor shall contact Underground Service Alert of Southern California at 811 for a Dig Alert I.D. Number.

Section 4216/4217 of the Government Code requires a Dig Alert Identification number be issued before a "Permit to Excavate" will be valid.

The Contractor shall pothole all underground utilities which are shown on the Plans or marked in the field by utility owners as being within 5 feet horizontal distance from the edge of any planned fiber optic conduit alignment, and which are at or above the planned project facility.

The Contractor shall pothole all utility crossings on public streets. The Contractor shall verify depth of all service utility crossings under sidewalk at a minimum of one hundred (100) foot intervals along each utility.

The potholing shall be done ahead of the directional borings or trench excavation and conduit laying such that the information on horizontal location and depth shall be given to the Agency’s Authorized Representative at least 3 days ahead of construction but not greater than 21 days ahead of construction in that area. The Contractor shall refill these potholes immediately after establishing those locations. The refilling shall conform to the relative compaction requirements for trenches.

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54 08/2025/cdz/A25-0169/BidDoc/ImpAveTrafficSignalSynProj In the event obstructions not shown on the Plans are encountered during the progress of the Work which will require alterations to the Plans, or if potholing indicates utilities are located other than as shown on the Plans, the Agency’s Authorized Representative shall have the authority to change the Plans and order the necessary deviation from the project planned line and grade.

The Contractor shall not make any deviation from the specified line and grade without approval by the Agency’s Authorized Representative. Should any deviations in the line and grade be permitted by the Agency’s Authorized Representative at the written request of the Contractor, any additional costs for pavement restoration, or other additional costs shall be borne by the Contractor.

Full compensation for potholing and refilling shall be considered as included in the price bid for other items of work and no additional compensation will be allowed therefor.

MOBILIZATION
Mobilization shall conform to the provisions in Section 9-3.4, “Mobilization” of the Standard Specifications (Greenbook). Mobilization includes expenditures for all preparation of work in operations, including but not limited to, those costs necessary for the movement of personnel, equipment, supplies and incidentals 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, and costs incurred prior to the beginning of work on the various contract items on the project site including the related demobilization costs anticipated at completion of the project.

Payment
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, all project sites have been restored to the satisfaction of the Engineer, and the project cleanup is completed.

TRAFFIC CONTROL
The Contractor shall furnish, install, and maintain traffic control in accordance with the latest Caltrans Standard Plans and Specifications, CAMUTCD and the WATCH Manual. See “Traffic Control” section of the General Provisions and these Technical Specifications. The Contractor shall obtain and adhere to encroachment permit requirements per agency where the work will be conducted.

The Contractor shall provide traffic control plans and detour plans, signed by a licensed Civil Engineer or Traffic Engineer in the State of California, for approval and acceptance by the Engineer. Subsequently, comments and corrections shall be returned to the Contractor within twenty (20) working days or less.

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55 08/2025/cdz/A25-0169/BidDoc/ImpAveTrafficSignalSynProj Traffic controls, including but not limited to, vehicular, bicyclists and pedestrians traffic controls, maintenance of vehicular, bicyclists and pedestrian access, detours, and street closures shall be in accordance with latest editions of the Caltrans Standard Plans and Specifications, CAMUTCD and the WATCH Manual.

Traffic control and the traffic plans shall conform to the following:
a. The traffic control plans shall indicate the traffic control requirements for the different types of work to be performed. The Contractor shall be responsible for the preparation of plans as necessary for specific items of work. These plans shall be approved by the Engineer prior to the Contractor commencing any work.

b. All traffic controls and safety devices, equipment and materials, including but not limited to, cones, delineators, flashing warning lights, barricades, high level warning devices (flag trees), flags, signs, makers, portable barriers, flashing arrow signs, electronic changeable message signs and markings shall be provided and maintained in “like new” condition. c. The Contractor shall furnish and properly install, construct, erect, use, and continuously inspect and maintain, twenty-four (24) hours per day, seven (7) days a week, all said devices, equipment and materials and all temporary and permanent pedestrian and driving surfaces as necessary to provide for the safety and convenience of, and to properly warn, guide, control, regulate, channelize, and protect the vehicular traffic, pedestrian traffic, project workers, and the public throughout the entire limits of the work activity and beyond said limits as necessary to include area affecting or affected by the work, from the start of work to the completion of the work.
d. High-level warning devices (flag trees) are required at all times for any work being performed within the roadway unless otherwise specifically authorized by the Engineer. e. All barricades shall be equipped with flashing warning lights, and all traffic cones shall be no less than twenty-eight (28) inches in height, except that shorter cones, twelve (12) inches high or higher, may be used during striping maintenance operations where the only function of the cones is to protect the wet paint from the traffic. f. A minimum of one (1) Portable Changeable Message Signs (PCMS) is required in each direction in advance of each work area as identified by the City. They shall be placed two (2) weeks in advance of the start of work and maintained throughout the construction window. The PCMS shall be in clear areas and have clear line of sight for oncoming traffic. The PCMS shall not block and existing signs or project areas signs. g. Except as otherwise directed, as shown in the approved traffic control plans, and/or authorized by the Engineer, two-way vehicular traffic shall be maintained at all times within a minimum of two, 12-foot-wide lanes. At no time shall the Contractor be allowed to reduce the traveled way to one-way vehicular traffic.

No reduction of the traveled way width shall be permitted between the hours per the local agency requirements, unless otherwise shown in the approved traffic control plans, or prior authorization to do so is granted by the Engineer. No lane closures/roadway closures shall be permitted or allowed on any City street before per the local agency requirements, unless otherwise shown in the approved traffic control plans, or unless authorization to do so is granted by the Engineer. No reduction of traveled way width shall be permitted on any City street per the local agency requirements, on weekends or holidays, or when active

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56 08/2025/cdz/A25-0169/BidDoc/ImpAveTrafficSignalSynProj work is not being done, unless otherwise shown in the approved traffic control plans, or unless prior authorization to do so is granted by the Engineer. h. Access to vacant unused property may be restricted by the Engineer’s discretion. Both vehicular and pedestrian access shall be maintained at all times to all other property except as otherwise specifically authorized in writing by the Engineer. i. Any traffic control and safety devices and equipment being used which becomes damaged, destroyed, faded, soiled, misplaced, worn out, inoperative, lost, or stolen shall be promptly repaired, refurbished and/or replaced, and any traffic control and safety devices and equipment being used which are displaced or not in an upright position from any cause, shall be properly returned or restored to their proper position. j. Any obstructed view of all signs and warning devices including but not limited to stop signs, stop ahead signs, street name signs, and other regulatory, warning and construction signs, markers, and warning devices shall be maintained at all times. No trucks or other equipment or materials shall be stopped, parked, or otherwise placed so as to obscure said signs, markers and devices from the view of vehicular and/or pedestrian traffic to which it applies.
k. When entering or leaving roadways carrying public traffic, the Contractor’s equipment, whether empty or loaded, shall yield to said public traffic at all times, except where the traffic is being controlled by police officers, fire officers or traffic signalized intersections. l. Stockpiling and/or storage of materials on any public right-of-way or parking areas will not be allowed without specific permission by the Engineer. Materials spilled on or along said right-of-way or parking areas shall be kept in a safe, neat, clean, and orderly fashion, and shall be restored to equal or better than original condition upon completion of the work.
m. When work has been completed on a particular street or has been suspended or rescheduled, and said street is to be opened to vehicular traffic, all equipment, “NO PARKING” signs, other obstruction, and necessary traffic control devices and equipment shall be promptly removed from that street except as otherwise authorized or directed by the Engineer.
n. Should the Contractor be neglectful, negligent, or refuse, fail, or otherwise be unavailable to promptly, satisfactorily, and fully comply with the provisions specified and referred to herein above, the Engineer reserves the right to correct and/or mitigate any situation, which in the sole opinion by the Engineer constitutes a serious deficiency and/or serious case of noncompliance, by any means at its disposal at the Contractor’s and/or permittee’s expense, and will deduct the cost therefore from the Contractor’s progress and/or final payments. Such corrective action taken by the City shall not reduce or abrogate the Contractor’s legal obligations and liability for proper traffic control and safety measures and shall not serve to transfer said obligations and liabilities from the Contractor to the Engineer.
o. Violations of any of the above provisions and/or provisions of the referenced publications, unless promptly and completely corrected to the satisfaction by the Engineer, shall, at the sole discretion of by the Engineer, be grounds for termination of the Contract, or shutdown or partial shutdown of the work, without compensation to the Contractor and/or permittee, or liability to the Engineer, all as prescribed by contractual obligation or State law, whichever is applicable.

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57 08/2025/cdz/A25-0169/BidDoc/ImpAveTrafficSignalSynProj p. The Contract item “Traffic Control” shall include labor lights, barricades, signs, materials, fencing, and equipment necessary to ensure that the vehicular traffic conforms to requirements as set forth in this section and as require per the work shown on the project drawings.

Payment
Payment for Traffic Control shall be considered in the lump sum contract price including full compensation for furnishing all labor, material, equipment and incidentals necessary to perform the items of work and no additional compensation will be allowed therefor.

The cost associated with devising the required Traffic Control and Traffic Control Plans and the implementation of the traffic control/detour during the whole construction period is the subject for the pay item "Traffic Control".

The payment for this item will be set as follows:
35% at the first pay request processed after the installation of traffic control 35% at the second pay request thereafter
30% at the final pay request

PULL BOXES
Pull boxes and splice vaults shall conform to the provisions of Section 86-1.06C, "Pull Boxes", and Section 87-1.03C, “Installation of Pull Boxes”, of the State Standard Specifications and these Technical Specifications.

Pull boxes and covers shall be Oldcastle Precast, Inc. FIBRELYTE® Composite Boxes or Engineer approved equal, unless otherwise noted on the Plans or directed by the Engineer.

Pull box covers shall be marked TRAFFIC SIGNAL.

All pull boxes shall be number six (No. 06) with one or two extensions as noted on the Plans.

All pull boxes shall be located behind the curb, at the locations shown on the Plans, or as directed by the Engineer. No pull box shall be located within one foot (1') of any wheelchair ramp. Pull boxes shall be set parallel to the curb or roadway.

A 1' x 4" thick concrete pad shall be placed around pull boxes installed or existing in unimproved areas.

Pull boxes within unimproved areas shall have a Class 1 Flexible Post Delineator, per Caltrans Standard Plan A73-C installed adjacent to the pull box.

Pull boxes for traffic signal interconnect shall be spaced at 500' max, unless otherwise shown on the plans.

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58 08/2025/cdz/A25-0169/BidDoc/ImpAveTrafficSignalSynProj Splice Vault utility boxes shall be No. 6E pull boxes, including two 12” extension to accommodate fiber optic splice enclosures. Fiber optic splice vault lids shall be Fibrelyte, unless approved otherwise. All fiber optic splice vault lids shall include lid locking mechanisms, bolted type.

Conduit sweeps entering pull boxes/splice vaults with fiber optic cable shall be 45 degrees. The inside sweep radius shall be larger than the fiber optic cable manufacturer’s minimum recommended bend radius.

Payment
Payment for Furnish and Install #6 Pull Box with One Extension, for Furnish and Install #6 Pull Box with Two Extensions, and for “Intercept Existing Conduit. Furnish and Install #6 Pull Box with One Extension in Existing Conduit Run” shall be considered in the unit contract price paid for each bid item including full compensation for furnishing all labor, material, equipment and incidentals necessary to perform the items of work and no additional compensation will be allowed therefor.

MODIFY EXISTING CONTROLLER CABINET ASSEMBLIES
The Contractor shall modify all existing project Type 332 controller cabinets (Traffic Signal) as shown on the plans and these specifications at the following seven (7) locations:

1. Imperial Avenue / Ocotillo Drive

2. Imperial Avenue / Pepper Drive

3. Imperial Avenue / Ross Avenue

4. Imperial Avenue / Hamilton Avenue

5. Imperial Avenue / Holt Avenue

6. Imperial Avenue / State Street

7. Imperial Avenue / Main Street

CONTROLLER ASSEMBLY/ CONFLICT MONITOR UNIT
The Contractor shall furnish and install new Type 2070LX controllers and 1C CPU Module with Omni Software and Conflict Monitor Units (CMU) as identified on the plans and these specifications. The Contractor shall remove and salvage existing Type 170 or Type 2070E controllers and legacy CMU monitors to the City. Requirements (or approved equal):

2070LX Controller + 1-C module Omni software (SWARCO McCAIN, INC.) • Standard 19” rackmount unit
• Conforms to latest Caltrans TEES and NTCIP standards
• IP-Addressable CPU Module
• Omni software (latest edition)
• Optional Data Key (all locations)

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59 08/2025/cdz/A25-0169/BidDoc/ImpAveTrafficSignalSynProj 2010ECLip Signal Monitor (EBERLE DESIGN INC)
• 16 channel capacity with Ethernet port
• Fully compatible with the requirements of 170, 179 and 2070 controller units
• IP-Addressable module
• 2010ECL monitor maintains a 100 record nonvolatile event log • Detects potentially unsafe programming changes and Red Interface cable problems.

Payment
Payment for Furnish and Install Model 2070LX Controller Assembly and for Furnish and Install 2070ECLip Conflict Monitor Unit shall be considered in the unit contract price paid for each bid item including full compensation for furnishing all labor, material, equipment, and incidentals necessary to perform the items of work and no additional compensation will be allowed therefor.

REMOVING ELECTRICAL EQUIPMENT
Legacy traffic signal equipment and copper SIC cabling to be salvaged shall be delivered to the City of El Centro, Department of Public Works, and stockpiled:

El Centro Maintenance Yard
307 W. Brighton Ave
El Centro, CA 92243
The Contractor shall notify the Engineer a minimum of 48 hours prior to hauling salvaged equipment and/or material to be stockpiled. Equipment to be salvaged shall not be removed until their use is no longer required as determined by the Engineer.

Full compensation for Removing and Salvaging existing equipment including furnishing all labor, material, equipment and incidentals necessary to perform the items of work shall be included furnishing and installing various bid items and no additional compensation will be allowed therefor.

VEHICLE DETECTION SYSTEM
The Contractor shall furnish and install all labor and materials to install new Video/Radar Hybrid Video Detection System(s) to provide remote video streaming and control from all field elements to the City Yard TOC as shown on the plans and these Special Provisions. The proposed Video Detection System shall be managed by a separate Video Detection Management Software. The management software shall interface to the proposed communication boards and provide realtime collection of traffic data, events, alarms, and video images generated by the video detectors via graphical user interface (GUI). The project video locations are as shown on the plans.

Requirements (or approved equal):

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60 08/2025/cdz/A25-0169/BidDoc/ImpAveTrafficSignalSynProj Vantage Vector with SmartCycle Technology System (ITERIS Inc.) • Iteris Vantage VECTOR Camera Assembly - 110/120VAC, ¼” CCD image sensor, 24GHz radar unit (K-band)
• Iteris Universal Mount Camera Bracket (Standard Mount) • Vantage VECTOR Processor with SmartCycle technology - 12/24VDC • Vantage Next CCU Unit, 1U box, supports up to 4 NEXT-VPs. Includes NEXTCCU-SHIPKIT • Vantage Next Dual Video Processor (supports 2x NEXT-CAM). Includes NEXTDVP-SHIPKIT • 17in. Color LCD Monitor Drawer
• Power & Video Surge Protection Panel w/ mounting for up to 4 Suppressors (Din Rail Configuration)
General
This specification sets forth the minimum requirements for a system that detects vehicles on a roadway using only video images of vehicle traffic.

1.1 System Hardware
The video detection system (VDS) shall consist of up to four video cameras, a video detection processor (VDP) capable of processing from one to four video sources, output extension modules, video surge suppressors and an industry standard three button USB mouse.

1.2 System Software
The system shall include software that detects vehicles in multiple lanes using only the video image. Detection zones shall be defined using only an on-board video menu and a mouse to place the zones on a video image. Up to 24 detection zones per camera view shall be available. A separate computer shall not be required to program the detection zones.

Vantage Vector Hybrid Video/Radar Detection System
 Sensor is built around both a video detection camera for stop bar detection and a radar unit for advanced detection to detect approaching vehicles at over 500 feet from the sensor.
 Utilizing the advanced algorithms in the radar unit, the Vector tracks all approaching vehicles, providing extremely accurate range and speed data of each individual vehicle.
 As the vehicles pass through up to five user-configured areas-of-interest, or trip lines, the system provides enhanced precision throughout the radar unit’s detection area.

Vehicles then enter the detection area of the video camera as they reach the stop bar, thus the Vector provides total coverage for all vehicles approaching the intersection.  The Vector provides the user with the ability to configure five trip lines within the radar detection zone at a specific distance from the stop bar, a minimum and maximum speed threshold, and a defined trip line width.

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61 08/2025/cdz/A25-0169/BidDoc/ImpAveTrafficSignalSynProj Installation
The video detection camera shall be installed by factory-certified installers as recommended by the supplier and documented in installation materials provided by the supplier. Proof of factory certification shall be provided.

At locations that require a bracket extension, the Contractor shall furnish and install a pole mast extension so that the video detection camera unit is mounted above the roadway. The extension riser equipment shall be Pelco Astro-Brac Triton series clamp kit (or approved equal).

Mounting of the extension bracket shall be as shown on plans and per the manufacturer specifications. Existing camera mounts may be re-used only with the sole pre-approval of the Engineer.

All existing legacy Video Detection Systems hardware and equipment shall be protected during removal and salvaged to the City Yard for future use.

On-site Technical support shall be provided for installation and activation of the Video Detection System during traffic signal turn-on.

Payment
Payment for “Remove and Salvage Existing Video Detection Equipment and Cabling.

Furnish and Install New Iteris Vantage Hybrid Detection System Complete (4 Approaches)” (Additive Alternate A) shall be considered in each contract price including full compensation for furnishing all labor, material, equipment, and incidentals necessary to perform the items of work and no additional compensation will be allowed therefor.

VIDEO DETECTION SOFTWARE/GRAPHICAL USER INTERFACE (GUI) A Video Detection Software supplied by the Contractor shall be fully installed, configured, integrated, tested and commissioned to the manufacturer's specifications and these Special Provisions. The proposed video software system shall be manufactured by Iteris Inc. (or approved equal). Hardware to host the streaming video images shall be by dedicated server or other as defined by the manufacturer and these provisions. Requirements (or approved equal):

Vantage Next Software + Vantage Viewer software (EdgeConnect compatible) • MPEG4/H.264 video compression ability is scalable to fit the bandwidth available
• Ease of setup and remote access reduces time and cost of installation and maintenance of equipment
• Single quad view video stream or four independent single streams to remote site • Data rates can be set as low as 32 kbps or as high as 7 Mbps. Variable video frame rates between 5 and 30 frames per second also allow the user to optimize the streaming video to fit their specific application.

The client of Edge Viewer shall be a GUI-based application installed on the City TOC PC workstation. A web-browser installed on your PC that is connected to the network of the video

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62 08/2025/cdz/A25-0169/BidDoc/ImpAveTrafficSignalSynProj detection system to access the traffic management system. The application shall also be configured for remote video and zone configuration of all Video Detection Systems installed on this project. Testing shall be performed at the City Yard TOC to verify correct operation of the system.

Payment
Payment for Installing Video Detection Software shall be considered in the bid item “Remove and Salvage Existing Video Detection Equipment and Cabling. Furnish and Install New Iteris Vantage Hybrid Detection System Complete (4 Approaches)” at each contract price including full compensation for furnishing all labor, material, equipment, and incidentals necessary to perform the items of work and no additional compensation will be allowed therefor.

MAINTAINING EXISTING AND TEMPORARY ELECTRICAL SYSTEMS
Traffic signal system shutdowns shall be limited to periods between the hours of 8:30 a.m. and 3:30 p.m.

The Contractor shall furnish and place “Stop Ahead” and “Stop” signs to direct vehicle and pedestrian traffic through the intersection during traffic signal system shutdown. Temporary “Stop Ahead” and “Stop” signs shall be removed when the system is turned on.

A minimum of two “Stop Ahead” and “Stop” signs shall be placed for each direction of traffic.

If directed by the Engineer, the Contractor shall furnish and place additional “Stop” signs.

Full compensation for furnishing, installing, maintaining and removing temporary “Stop Ahead” and “Stop” signs, including any additional “Stop” signs shall be considered as included in the contract lump sum price paid for the traffic signal and no additional compensation will be allowed therefore.

If the existing pole foundation requires removal prior to installing the new pole foundation the Contractor shall install a temporary signal pole and signal indications.

Full compensation for furnishing, installing, maintaining and removing temporary signal poles and signal indications shall be considered as included in the various bid items of work and no additional compensation will be allowed therefore.

COPPER INTERCONNECT SYSTEM
Signal Interconnect Cable (SIC) shall conform to the provisions in Section 87-1.03F(2)(c)(iv), "Signal Interconnect Cable", of the State Standard Specifications and these Special Provisions.

The Contractor shall be responsible for modification and removal of the existing copper interconnect system as required by the project plans and per these specifications. Existing traffic signal communications must remain established during all peak traffic periods, without exception until system cut-over is to occur. All existing SIC cable removed shall be salvaged and delivered to the City Yard or as directed by the Engineer, as defined in these Special Provisions.

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63 08/2025/cdz/A25-0169/BidDoc/ImpAveTrafficSignalSynProj The existing interconnect shall not be out of service for more than 5 working days. The Contractor shall notify the City 48 hours prior to needing the interconnect cable disconnected.

Payment
Payment for Remove and Salvage Existing Copper SIC cable shall be considered in the unit contract price per length foot including full compensation for furnishing all labor, material, equipment and incidentals necessary to perform the items of work and no additional compensation will be allowed therefor.

FIBER OPTIC COMMUNICATIONS
Fiber Optic Cable shall consist of single mode fiber optic cable as defined herein. Fiber optic cable and materials shall be approved by the Engineer before ordering.

Optical fiber shall be manufactured by Corning, single mode SMF-28 Ultra optical fiber, Altos type, and meet the following minimum performance specifications:

Part Number: 012ZU4-T4F22D20 ALTOS Loose tube, Gel-Free, All-Dielectric, Non-Armored cable with Binderless FastAccess technology, 12 F, SMF-28 Ultra fiber, Single-mode (OS2)
Part Number: 072ZU4-T4F22D20 ALTOS Loose tube, Gel-Free, All-Dielectric, Non-Armored cable with Binderless FastAccess technology, 72 F, SMF-28 Ultra fiber, Single-mode (OS2)
Singlemode Optic Fiber Backbone Cabling
i. Application: Use for outdoor underground installation through conduit, pull boxes, splice vaults, cabinets.
ii. Fiber backbone cabling must be approved and covered by the connectivity manufacturer’s warranty
iii. Characteristics: Outdoor Fiber Optic Cable
A. General Specifications

1. The cable shall meet all requirements stated in this specification.

2. The cable shall be an accepted product of the United States Department of Agriculture Rural Utilities Service (RUS) 7 CFR 1755.900 (PE-90) and meet the requirements of ANSI/ICEA Standard for Fiber Optic Outside Plant Communications Cable, ANSI/ICEA S-87-640-2006 and GR-20-CORE.

B. Design Specifications
For outside plant installations, or those meeting the NEC requirements, Outdoor cable shall be used:

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1. ALTOS (all-dielectric) with Binderless FastAccess technology C. Outside Plant Cable

1. Cable Construction
a. Optical fibers shall be placed inside a loose buffer tube. The nominal outer diameter of the buffer tube shall be 2.5 mm. The buffer tube shall be polypropylene. b. Each buffer tube shall contain 24 fibers.
c. The fibers shall not adhere to the inside of the buffer tube. d. The buffer tubes shall be resistant to external forces and shall meet the buffer tube cold bend and shrinkback requirements of 7 CFR 1755.900.
e. Fillers may be included in the cable core to lend symmetry to the cable cross-section where needed. Fillers shall be placed so that they do not interrupt the consecutive positioning of the buffer tubes. In dual layer cables, any fillers shall be placed in the inner layer. Fillers shall be nominally 2.5 mm in outer diameter. f. The central member shall consist of a dielectric, glass reinforced plastic (GRP) rod (optional steel central member). The purpose of the central member is to provide tensile strength and prevent buckling of the cable. The GRP rod shall be overcoated with a thermoplastic, when required to achieve dimensional sizing to accommodate buffer tubes/fillers.
g. Each buffer tube shall contain water blocking material embedded in the inside wall of the buffer tube for water-blocking protection. The water blocking material shall be nonnutritive to fungus, electrically non-conductive, and homogeneous. It shall also be free from dirt or foreign matter. This element will preclude the need for other waterblocking material such as gels, yarns, foams, or tapes; the buffer tubes shall be gel-free. h. The optical fibers shall not require cleaning before placement into a splice tray or fanout kit. i. Buffer tubes shall be stranded around the dielectric central member using the reverse oscillation, or "S-Z", stranding process.
j. Water swellable yarn(s) shall be applied longitudinally along the central member during stranding. Water blocking elements shall be applied uniformly throughout the buffer tube.
k. For single layer cables, a water swellable tape shall be applied longitudinally around the outside of the stranded tubes/fillers. The water swellable tape shall be non-nutritive to fungus, electrically non-conductive, and homogenous. It shall also be free from dirt and foreign matter.
l. For dual layer cables, a second (outer) layer of buffer tubes shall be stranded over the original core to form a two layer core. A water swellable tape shall be applied longitudinally over both the inner and outer layer. The water swellable tape shall be non-nutritive to fungus, electrically non-conductive, and homogenous. It shall also be free from dirt and foreign matter.
m. All tensile strength shall be provided by the central member. n. Non-armored cables shall be sheathed with medium density polyethylene (MDPE). The minimum nominal jacket thickness shall be 1.3 mm. Jacketing material shall be applied directly over cable core and water swellable tape. The polyethylene shall contain carbon black to provide ultraviolet light protection and shall not promote the growth of fungus.

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65 08/2025/cdz/A25-0169/BidDoc/ImpAveTrafficSignalSynProj o. Armored cables without an inner jacket shall have an armor layer applied directly over the cable core and water swellable tape. The armor shall be a corrugated steel tape, plastic-coated on both sides for corrosion resistance, and shall be applied around cable core and water swellable tape with an overlapping seam with the corrugations in register. The outer jacket shall be applied over the corrugated steel tape armor. The outer jacket shall be a MDPE with a minimum nominal jacket thickness of 1.3 mm.

The polyethylene shall contain carbon black to provide ultraviolet light protection and shall not promote the growth of fungus.
p. The MDPE jacket material shall be as defined by ASTM D1248, Type II, Class C, Category 4 and Grades J4, E7 and E8.
q. The jacket or sheath shall be free of holes, splits, and blisters.

2. Identification
a. Each fiber shall be distinguishable by means of color coding in accordance with TIA/EIA-598-B, "Optical Fiber Cable Color Coding." The fibers shall be colored with ultraviolet (UV) curable inks.
b. Buffer tubes containing fibers shall be color coded with distinct and recognizable colors in accordance with TIA/EIA-598-B, "Optical Fiber Cable Color Coding." c. Buffer tube colored stripes shall be inlaid in the tube by means of co-extrusion when required. The nominal stripe width shall be 1 mm.
d. For cables containing more than 12 buffer tubes, standard colors are used for tubes 1 through 12 and stripes are used to denote tubes 13 through 24. The color sequence applies to tubes containing fibers only, and shall begin with the first tube. If fillers are required, they shall be placed in the inner layer of the cable. The tube color sequence shall start from the inside layer and progress outward. e. Cable jackets shall be marked with the manufacturer’s name, month and year of manufacture, sequential meter or foot markings, a telecommunication handset symbol as required by Section 350G of the National Electrical Safety Code®(NESC®), fiber count, and fiber type.

3. Mechanical properties
a. Maximum short term pulling tension of 600 lbs. and long term pulling tension of 200 lbs.
b. Minimum Bend Radius during installation shall be 15x OD and during operation 10x OD.
a. Singlemode Optical Fiber
A. General Specifications

1. All fiber shall be manufactured using the Outside Vapor Deposition (OVD) process to ensure bandwidth consistency.

B. Design Specification
The fiber type utilized in the cabling infrastructure shall be of those listed below. Specific requirements for use OS2 shall be defined in project scope.

1. Corning SMF-28® ULTRA OS2
C. Single-mode fiber shall meet the specifications listed in Table 1 (below) D. Single-mode fiber shall meet ITU G.652 (Table D), ITU G.657 (Table A1), IEC Specification 60793-2-50 Type B1.3
E. Manufacturer: Corning

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66 08/2025/cdz/A25-0169/BidDoc/ImpAveTrafficSignalSynProj Table 1: Single-mode OS2 Fiber Geometry and Optical Performance Fiber Optic Cable Installation
All Fiber Optic Cable installations shall include fiber optic cables and detectable pull tape to remain for future to all conduits as defined on the plans and per these technical specifications.

Pull Tape shall be included in all conduit runs where existing cable is to be modified or where new cable is to be installed. New pull tape shall be 5/8” tape with 1,800lb tensile pulling strength.

Singlemode Fiber Optic Cable (SMFO) shall be continuous and unspliced between cabinets, with splicing permitted only at designated splice locations as shown on the plans.

During cable installation, the bend radius shall be maintained at a minimum of twenty times the outside diameter. In no case, shall the cable exceed the minimum bending radius of the cable for installation. At each intermediate pull box, provide 25’ of slack of the fiber optic cable neatly coiled and secured. This slack could be used in the future for emergency cable repairs.

Fiber optic cable shall be installed using a cable pulling lubricant recommended by the fiber optic cable and/or the innerduct manufacturer.

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67 08/2025/cdz/A25-0169/BidDoc/ImpAveTrafficSignalSynProj Pull conductors into conduit by hand, using pull tape as specified herein. Do not use winches or other power actuated pulling equipment. If adding new conductors or removing existing conductors; the Contractor shall remove all conductors, clean the conduit under Caltrans Section 86-2.05C, and pull all conductors in the conduit as 1 unit.

Any damaged or broken optical fiber cable shall be replaced at the Contractor’s expense and at no additional compensation. Damaged SMFO shall not be repaired, reused or spliced on this project.

Fiber optic cable shall be installed without splices except where specifically allowed on the drawings and identified herein. Splices shall be permitted only as authorized in writing by the Engineer. Any midspan access splice or FDU termination shall involve only those fibers being spliced as shown on the drawings. Cable splices shall be located in splice closures within identified vaults.

A minimum of 50 feet of slack shall be provided for each fiber optic cable at each splice vault.

Slack shall be divided equally on each side of the fiber optic splice closure.

The project limit SMFO cable shall be tested end to end via OTDR, Power Meter and Light Source, in accordance with EIA Optical Test Procedure 171, and wavelengths specified for the OTDR tests. The differential in test results shall not exceed 0.5 dB. Should the link loss exceed the calculated link loss, the SMFO shall be removed and replaced only between the two stipulated splice points at contractor’s expense. Removal of small sections of cable and or additional splices shall not be permitted.

Payment
Payment for Furnish and Install 72-strand SMFOC with Pull Rope and Bond Wire and for Furnish and for Install 12-Strand SMFOC with Pull Rope and Bond Wire shall be considered in the unit contract price paid per length foot including full compensation for furnishing all labor, material, equipment and incidentals necessary to perform the items of work including pull tape and No. 10 green bond wire and no additional compensation will be allowed therefor.

Fiber Termination Hardware
a. Fiber Optic Pigtails and Jumpers
A. General: To maintain channel integrity, optical fiber patch cords and pigtails shall be fabricated to meet the performance parameters corresponding to the optical fiber cable approved product type specified below. Patch cord and pigtail plug connectors shall be equipped with boots, and shall have same colors as related optical fiber backbone cables, unless specified or indicated otherwise. Optical fiber patch cords and pigtails shall be available with the following options as specified or indicated:

1. Termination types: LC/SC (unless otherwise specified)

2. Connector/cable configuration: Simplex and Duplex

3. Simplex patch cord outside diameters: 2.0 millimeters (0.079 inches)

4. Pigtails: Tight-buffered optical fiber, 0.9 millimeters (0.035 inches) outside diameter

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5. Connectors for both pigtails and jumpers shall be factory polished and meet the following parameters:

Singlemode Connectors
Connector
Type
Typical
Insertion
loss (dB)
Maximum
Insertion
loss (dB)
Typical
Reflectance
(dB) Ferrule Housing
SC UPC 0.15 0.4 < -55 Ceramic Composite

6. Standard Jumpers shall comply with the following:
 The jumper shall be a 2-fiber cable assembly terminated with LC duplex connectors on both ends. Jumpers shall also be available with LC duplex at one end and SC Duplex at the other end.
 Jumper shall be available in riser and plenum. Plenum or riser requirements shall be defined in scope of work.
 The jumper shall be constructed with a single 2 mm zip cord cable  Jacket color shall be yellow for single-mode assemblies and aqua for multimode 50 um OM3/OM4 assemblies.
 Manufacturer: Corning
Full compensation for Fiber Optic Pigtails and Jumpers including furnishing all labor, material, equipment and incidentals necessary to perform the items of work shall be included in the various bid items of fiber termination hardware and no additional compensation will be allowed therefor.
b. Fiber Optic Adapter Panels
A. General Specifications

1. Rack and wall mountable connector housings shall accept an interchangeable connector panel.

An adapter panel is defined as a modular removable plate containing optical fiber connector adapters.

2. Fiber optic adapter panels shall meet all requirements in this specification B. Design Specifications: Corning LANscape CCH Adapter Panels and Pigtailed Panels C. Physical Specifications

1. The adapter panel shall utilize a single mounting footprint and shall be interchangeable between the rack and wall mountable hardware used.

2. The panel shall be attached with two push-pull latches to allow quick installation and removal.

3. The adapter panel shall be available with industry standard single fiber and small form factor multi-fiber adapters, including the SC duplex, ST compatible, LC duplex and MTP.

4. The adapter panel shall house OS2 optical fiber.

5. Panels shall be manufactured from injection molded polycarbonate for structural integrity.

6. Panels shall be finished with a wrinkled black texture.

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7. Pigtailed panel shall consist of an adapter panel as described above, factory-loaded with factory-terminated pigtails, 3 m in length. The pigtails shall be available in a variety of cable options, a MIC® Cable subunit or ribbon fiber.

8. Blank adapter panels shall be available to fill unused space within housings. The blank panels shall be manufactured from injection molded polycarbonate and shall be finished with a wrinkled black texture to match the housing. Housings shall be supplied with blank adapter panels for all available positions unless the housing is ordered with optical fiber adapters panels pre-installed. The blank panel shall be attached with at least two spring clips to allow quick installation and removal.

9. Manufacturer: Corning
c. Fiber Optic Splice Cassettes
A. General Specifications

1. Rack mountable housings shall accept an interchangeable splice cassette. A splice cassette is defined as a removable module that is capable of holding a connector panel and splice organizer for pigtail and through splicing applications.

2. Fiber optic splice cassettes shall meet all requirements in this specification B. Design Specifications: Corning LANscape CCH Splice Cassettes C. Physical Specifications

1. The splice cassette shall consist of a base constructed from injection-molded black plastic and a removable hinged lid or cover constructed from injection-molded tinted translucent plastic.

2. The splice cassette shall be available with pre-installed connector pigtails and panels.

3. The splice cassette shall allow one connector panel (as described in 2.3) to be installed into the base.

4. The splice cassette shall be able to hold and contain at least one meter of pigtail fiber slack on the interior floor of the base.

5. The splice cassette shall be able to hold and contain up to one meter of 2.0-3.0 mm buffer tube slack or jacketed pigtail slack (up to 24 fiber) on the exterior bottom of the base.

6. The splice cassette shall contain a pivoting (and removable) splice tray above the base in a horizontal position that rotates up into a vertical position at least 90 degrees relative to the base allowing access to the base.
a. The splice tray shall contain one interchangeable splice organizer capable of holding up to (24) splice heat-shrinks, routing tabs and provisions for holding a total of two meters of 250 or 900 micron fiber slack, or 12-fiber ribbon slack (includes both incoming and outgoing fiber slack) and contain slots and provisions for installing cable ties ("ty-wraps") for securing incoming and outgoing buffer tubes and/or jacketed optical fibers.

7. The splice cassette shall contain relief slots for holding up to two buffer tube transition kits on either side of the base.

8. The splice cassette shall contain two fiber retention tabs behind the connector panel location to maintain fiber below the connections and adapters in an installed connector panel.

10. The splice cassette shall contain two flexible curved tabs for grasping the cassette during installation and removal from the main connector housings.

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11. The splice cassette shall contain integral slots on both sides of the cassette to hold and guide the cassette along tracks in the main connector housings.

12. The splice cassette lid/cover shall contain two retention tabs that snap onto the base and also provide slots for securing in a closed position with cable ties ("ty-wraps").

13. The splice cassette shall have a permanent U.L. label affixed that contains the following information: U.L. Listing number 41s4 (Communication Circuit Accessory), Country of Origin (for assembly) and Date and Lot number for manufacturing traceability.

14. The splice cassette shall have a permanent Part Number label affixed that contains the following information: Product description, Product part number (manufacturer's catalog number), Product serial number, Country of manufacturer, and U.S. Patent number.

15. Manufacturer: Corning
d. Fiber Optic Housings
A. General Specifications

1. Fiber Optic housings shall provide a means for securing, strain-relieving, protecting, and labeling of fiber optic cable terminations. Housings shall be available in both rack-mount and wall-mount configurations, and accept one standard adapter panel footprint for all housings.

2. Fiber optic housings shall meet all requirements in this specification B. Design Specifications

1. Corning Closet Connector Housing (CCH), rack-mount
C. Rack-Mount Housing Specifications

1. Housings shall be designed for rack-mounted or frame-mounted applications that support conventional cross-connection and interconnection schemes as well as splicing applications.

2. Housings shall be available in 1U and 4U. One industry standard (EIA compliant) rack unit or panel height (denoted as 1U) is defined as being 44.45 mm (1.75“) in height in compliance with EIA-310-D (“Cabinets, Racks, Panels, and Associated Equipment”).

3. The housings shall have capacity specifications as listed below in Table 2 Table 2: Rack Mount Housing Fiber Capacity

4. The housings shall meet the design requirements of ANSI/TIA/EIA-598 and the plastics flammability requirements of UL 94 V-0.

5. The connector housings shall have a labeling scheme that complies with ANSI/TIA/EIA606.

6. The housings shall be mountable in an EIA-310 compatible 465 or 592 mm rack. a. The housings shall be mounted with a 12 cm frontal projection with the option to flush mount.

Unit
Size
Panel
Capacity
Housing Fiber Capacity, using:
6f / panel 12f / panel 24f / panel
1U 2 12 24 48

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71 08/2025/cdz/A25-0169/BidDoc/ImpAveTrafficSignalSynProj b. The mounting brackets shall incorporate tear-drop shaped slots that allow pre-installation of the mounting screws prior to attachment of the mounting brackets to the rack or frame, by symmetric and of the same design for either side of the housing, attach to the side of the housing via screws or fasteners for the 1U, 2U, and 3U, slide into the side of the housing and attach in a “snap-on” manner via flexible retention tabs or buttons for the 4U. c. The 4U housing rear assembly shall be removable from the mounting brackets through depressing internal buttons on both sides of the housing and sliding the housing off of the mounting brackets.

7. The housings shall support cross-connection, inter-connection and/or splicing applications and routing schemes in the same housing.
a. The housings shall accommodate direct connectorization via connector panels as specified in 2.3.
b. The housings shall accommodate pigtail splicing and through splicing via interchangeable splice cassettes, as specified in 2.3.

8. 1U/4U Housing
a. The housings shall have removable top covers, front and rear doors, and a slide-out drawer or tray, and be fully accessible from the top, rear and front sides. b. The housing’s slide-out tray shall provide jumper routing guides in the front to protect and manage jumpers.
1) The slide-out tray shall incorporate and allow interchangeable attachment of three (3) jumper routing guides. They shall attach to either panel clip retention blocks or stackable rails. The routing guide shall incorporate an indentation on the top surface for grasping to manually assist with pulling out the sliding tray.
c. The front of the housing and interior slide-out tray shall be accessible via a tinted translucent door. It shall also contain jumper egress openings on both sides. 1) The door shall be removable from metal hinges by removing a single screw on each side of the door.
d. The rear of the housings and interior slide-out tray shall be accessible via a metal door.

The rear door shall incorporate pre-stamped punch-out openings that will allow fiber optic cable to enter the housing perpendicular to the rear of the housing. 1) The rear door shall be removable from metal hinges by removing a single screw on each side of the door
e. The top of the housings shall be accessible via two slide-out top covers that converge and interface in the center of the housings via two alternating support tabs. 1) The top covers shall be made from tinted translucent injection-molded plastic and incorporate pockets or slots for containing two labels cards. f. The housing shall provide means for strain-relieving fiber optic cables. g. External strain-relief shall be achieved through attachment of an external strain-relief bracket that attaches onto either side of the housing via two fasteners. 1) The external strain-relief bracket shall be of a two-piece design that allows disassembly and reassembly such that it can be used in a universal fashion on either side of the housing and with either top or bottom cable entry into the housing. h. Internal strain-relief shall be achieved through attachment of an internal strain relief bracket that mounts on the floor of the rear of the housing via retention studs and a springloaded plunger.

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72 08/2025/cdz/A25-0169/BidDoc/ImpAveTrafficSignalSynProj 1) The internal strain-relief bracket be installable on either side of the rear of the housing and of a singular design for either side and be removable and its support plate shall not interfere with removal or sliding action of the interior tray.
i. The housing's interior tray shall contain provisions for routing and maintaining fiber optic cable components, including cable sub-units and buffer tuber, 900 um optical fiber, and buffer tube transition kits.
1) The sliding tray of the housing shall provide holes or slots for the installation (and removal) of fiber retention or slack management clips.
2) The sliding tray of the housing shall provide holes or slots for the installation (and removal) of transitional strain-relief clips
3) The sliding tray shall contain an embossed pattern that conveys the routing path that optical fiber and cable sub-units should follow in routing from cable entry to the fiber optic panels contain within the housing.
j. Manufacturer: Corning
Payment
Payment for Furnish and Install 1U Fiber Distribution Unit, Splice Cassette, and Jumper Cables, including all connectors, patch cords, housing, mountings, and splicing complete shall be considered in the unit contract price paid for each bid item including full compensation for furnishing all labor, material, equipment and incidentals necessary to perform the items of work and no additional compensation will be allowed therefor.

Payment for Furnish and Install 72-Strand Splice Closure, including all connectors, patch cords, housing, splice trays, and splicing complete shall be considered in the unit contract price paid for each bid item including full compensation for furnishing all labor, material, equipment and incidentals necessary to perform the items of work and no additional compensation will be allowed therefor.

Test Process
A. The City reserves the right to be present during any or all of testing. The engineer shall be notified a minimum of 48 hours prior to testing.

B. Testing shall be of the optical link. An optical fiber link is defined as the passive cabling network between two optical cross-connects (patch panels or outlets). This includes cable, connectors and splices but does not include active components. The link test contains the representative connector loss at the patch panel associated with the mating of patch cables but does not include the performance of the connector at the equipment interface.

C. All cabling not tested strictly in accordance with these procedures shall be retested at no additional cost to the City.

D. 100% of the installed cabling must be tested. All tests must pass acceptance criteria defined in this test specification.

E. Either the test equipment shall be fully charged prior to each day’s testing or a fresh set of batteries shall be brought to the job site.
a. General
Testing shall include the tests on elements of the passive fiber optic components:

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73 08/2025/cdz/A25-0169/BidDoc/ImpAveTrafficSignalSynProj (1) At the factory,
(2) After delivery to the project site but prior to installation and, (3) After installation.
(4) Other:

A. Testing the existing fiber optic communication system The Contractor shall provide all personnel, equipment, instrumentation and materials necessary to perform all testing. The Engineer or his/her assigned representative shall be notified two working days prior to all field tests. The notification shall include the exact location or portion of the system to be tested.

A minimum of 15 working days prior to arrival of the cable at the site, the Contractor shall provide detailed test procedures for all field-testing for the Engineer or his/her assigned representative’s review and approval. The procedures shall identify the tests to be performed and how the tests are to be conducted. Included in the test procedures shall be the model, manufacturer, configuration, calibration and alignment procedures for all proposed test equipment.

Documentation of all test results shall be provided to the Engineer or his/her assigned representative within 5 working days after the test is completed. b. Factory Testing
Documentation of compliance with the fiber specifications as listed in the fiber characteristics table shall be supplied by the original fiber manufacturer. Before shipment, but while on the shipping reel, 100 percent of all fibers shall be tested for attenuation.

Copies of the results shall be attached to the cable reel in a waterproof pouch and submitted to the Contractor and to the Engineer or his/her assigned representative. c. Arrival On-Site
The cable and reel shall be physically inspected on delivery and the attenuation shall be measured for 100 percent of the fibers. The failure of any single fiber in the cable to comply with these Technical Specifications provisions is cause for rejection of the entire reel. Test results shall be recorded, dated, compared and filed with the copy accompanying the shipping reel in a weather proof envelope. Attenuation deviations from the shipping records of greater than 5 percent shall be brought to the attention of the Engineer or his/her assigned representative. The cable shall not be installed until completion of this test sequence and the Engineer or his/her assigned representative provides written approval. Copies of traces and test results shall be submitted to the Engineer or his/her assigned representative. If the test results are unsatisfactory, the reel of fiber optic cable shall be considered unacceptable and all records corresponding to that reel of cable shall be marked accordingly. The unsatisfactory reels of cable shall be replaced with new reels of cable at the Contractor’s expense. The new reels of cable shall then be tested to demonstrate acceptability. Copies of the test results shall be submitted to the Engineer or his/her assigned representative. d. After Cable Installation
After the fiber optic cable has been pulled but before breakout and termination, 100 percent of all the fibers shall be tested with an OTDR for attenuation. Test results shall be recorded,

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74 08/2025/cdz/A25-0169/BidDoc/ImpAveTrafficSignalSynProj dated, compared and filed with the previous copies of these tests. Copies of traces and test results shall be submitted to the Engineer or his/her assigned representative. If the OTDR test results are unsatisfactory, the F/O cable segment will be unacceptable. The unsatisfactory segment of cable shall be replaced with a new segment, without additional splices, at the Contractor’s expense. The new segment of cable shall then be tested to demonstrate acceptability. Copies of the test results shall be submitted to the Engineer or his/her assigned representative.

Singlemode fibers shall be tested at 1310 nm and 1550 nm. Attenuation readings for each direction shall be recorded on the cable data sheet.
e. Outdoor Splices
At the conclusion of all outdoor splices at one location, and before they are enclosed and sealed, all splices shall be tested with the OTDR, in both directions. Splices in segments shall be tested at 1310 nm and at 1550 nm. Individual fusion splice losses shall not exceed

0.10 dB. Measurement results shall be recorded, dated, validated by the OTDR trace printout and filed with the records of the respective cable runs. Copies of traces and test results shall be submitted to the Engineer or his/her assigned representative. If the OTDR test results are unsatisfactory, the splice shall be unacceptable. The unsatisfactory splice shall be replaced at the Contractor’s expense. The new splice shall then be tested to demonstrate acceptability.

Copies of the test results shall be submitted to the Engineer or his/her assigned representative.
f. Distribution Interconnect Package Testing and Documentation All the components of the passive interconnect package (FDUs, pigtails, jumpers, couplers and splice trays) as shown on the plans and in these Technical Specifications shall comprise a unit from a manufacturer who is regularly engaged in the production of the fiber optic components.

In developing the distribution interconnect package, each SC or LC termination (pigtail or jumper) shall be tested for insertion attenuation loss with the use of an optical power meter and light source. In addition, all single mode terminations shall be tested for return reflection loss. These values shall meet the loss requirements specified earlier and shall be recorded on a tag attached to the pigtail or jumper.

Once assembly is complete, the manufacturer shall visually verify that all tagging, including loss values, is complete. Then as a final quality control measure, the manufacturer shall do an “end to end” optical power meter/light source test from pigtail end to jumper lead end to assure continuity and overall attenuation loss values.

The final test results shall be recorded, along with previous individual component values, on a special form assigned to each FDU. The completed form shall be dated and signed by the Manufacturer’s Quality control supervisor. One copy of this form will be attached in a plastic envelope to the assembled FDU unit. Copies will be provided separately to the Contractor and to the Engineer or his/her assigned representative, and shall also be maintained on file by the manufacturer or supplier.
g. System Verification at Completion

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75 08/2025/cdz/A25-0169/BidDoc/ImpAveTrafficSignalSynProj OTDR Testing. Once the passive cabling system has been installed and is ready for activation, 100 percent of the fiber links shall be tested with the OTDR for attenuation. Print out shall include at least link number, fiber color, buffer color and cable number. Test results shall be recorded, dated, compared and filed with previous copies. A hard copy printout and an electronic copy of the traces and test results along with a licensed copy of the associated software on a CD format disk shall be submitted to the Engineer or his/her assigned representative. If the OTDR test results are unsatisfactory the link shall be replaced at the Contractor’s expense. The new link shall then be tested to demonstrate acceptability. Copies of the test results shall be submitted to the Engineer or his/her assigned representative.

Power Meter and Light Source. At the conclusion of the final OTDR testing, 100 percent of all fiber links shall be tested end to end with a power meter and light source, in accordance with EIA Optical Test Procedure 171 and in the same wavelengths specified for the OTDR tests. These tests shall be conducted in both directions. Test results shall be recorded, compared and proven to be within the design link loss budgets, and filed with the other recordings of the same links. Test results shall be submitted to the Engineer or his/her assigned representative.

Cable Verification Worksheet. The Contractor shall provide Cable Verification Worksheets for 100 percent of all links in the fiber optic system, using the data gathered during cable verification. The completed worksheets shall be included as part of the system documentation.

Test Failures. If the link loss measured from the power meter and light source exceeds the calculated link loss, or the actual location of the fiber ends does not agree with the expected location of the fiber ends (as would occur with a broken fiber), the fiber optic link will not be accepted. The unsatisfactory segments of cable, or splices shall be replaced with a new segment of cable or splice at the Contractor’s expense. The OTDR Testing, power meter and light source testing and Cable Verification Worksheet shall be completed for the repaired link to determine acceptability. Copies of the test results shall be submitted to the Engineer or his/her assigned representative. The removal and replacement of a segment of cable shall be interpreted as the removal and replacement of a single contiguous length of cable connecting two splices, two connectors or one splice and one connector. The removal of only the small section containing the failure and therefore introducing new unplanned splices will not be allowed.
h. Standards Compliance and Test Requirements

1. Unless otherwise specified, multimode and single mode fiber cable must meet the transmission performance parameters as specified in ANSI/TIA-568.3-D.

2. Testing of installed Singlemode fiber cable
a. Link attenuation shall be tested in accordance with ANSI/TIA-568.3-D. Reference measurements shall be made in accordance with one jumper reference method or equivalent.

Optical Loss shall be measured on each fiber at 1310 nm. b. Link length shall be optically measured or calculated using cable sheath length markings. c. Cabling shall meet the following loss and length criteria. Single-mode fiber is typically used in backbone cabling between telecommunications rooms, entrance facilities, and equipment

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76 08/2025/cdz/A25-0169/BidDoc/ImpAveTrafficSignalSynProj rooms within or between buildings. It includes the cross connect connectors and splices (if any).
d. Singlemode Link criteria:
1) Attenuation 1310 nm: fiber length (km) x .34 dB/km
+ number connector pairs x 0.5 dB
+ number of splices x 0.10 dB
2) Length: less than 5000 m (16,400 ft)
3) Attenuation 1550 nm: fiber length (km) x .22 dB/km
+ number connector pairs x 0.5 dB
+ number of splices x 0.10 dB
4) Length: less than 5000 m (16,400 ft)
i. Documentation

1. Test reports shall be submitted in electronic format.

2. Electronic reports are to be submitted in PDF and one hard copy (bound or binder format).

PDF and hard copy shall contain the software required to view test results. Electronic reports must be accompanied by a Certificate signed by an authorized representative of the Cabling Contractor warranting the truth and accuracy of the electronic report. Certificate must reference traceable circuit numbers that match the electronic record.

3. Test reports shall include the following information for each cabling element tested:
a. Actual measured and maximum allowable attenuation (loss) at the specified wavelengths per section above, and the margin. An individual test that fails the link criteria shall be marked as FAIL.
b. Reference method.
c. Number of mated connectors and number of splices (if any). d. Actual length and maximum allowable length per Section above. Any individual test that fails the link length criteria shall be marked as FAIL.
e. Group refractive index (GRI) for the type of fiber tested, if length was optically measured. f. Tester manufacturer, model, serial number and software version. g. Circuit ID number and project/job name. The patch panel / cable label identifier shall be used to designate the circuit I.D.
h. Link criteria (Autotest) used.
i. Overall pass/fail indication.
j. Date and time of test.

4. Test reports shall be submitted within 5 business days of completion of testing. j. Test Equipment

1. Test equipment used under this contract shall be from manufacturers that have a minimum of 5 years of experience in producing field test equipment. Manufacturers must be ISO 9001 certified.

2. All test tools of a given type shall be from the same manufacturer, and have compatible electronic results output.

3. Test equipment shall be capable of measuring relative or absolute optical power in accordance with TIA-568-C.0.

4. Test equipment shall not include the loss or length of the test jumpers in the cable plant measurements.

5. Multimode test equipment shall incorporate both 850 nm and 1300 nm sources in same unit.

Singlemode test equipment shall incorporate both 1310 nm and 1550 nm sources in same unit.

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6. Sources and meters shall automatically synchronize wavelengths to prevent calibration-related errors.

7. Test equipment shall store at least 100 tests in internal memory.

8. Test equipment shall employ a serial port to facilitate uploading of saved information from tester to PC.

9. The time-of-flight methodology (“Characterized to a certain degree with one single scan along its length with two probes.”) shall be employed when optically measuring fiber length.

10. Test equipment capable of measuring a Tx/Rx fiber pair simultaneously is recommended to enhance productivity.
k. Acceptance

1. Once all work has been completed, test documentation has been submitted, and the Owner is satisfied that all work is in accordance with contract documents, the Owner shall notify Cabling Contractor in writing of formal acceptance of the system. l. I. Acceptance Requirements

1. The Cabling Contractor must warrant in writing that 100% of the installation meets the requirements as specified in this test specification.

2. The Owner reserves the right to conduct, using Cabling Contractor equipment and labor, a random retest of up to five (5) percent of the cable plant to confirm documented results. Any failing cabling shall be retested and restored to a passing condition. In the event more than two (2) percent of the retested cable plant fails during retest, the entire cable plant shall be retested and restored to a passing condition at no additional cost to the Owner.

3. Acceptance shall be subject to completion of all work, successful post installation testing which yields 100% PASS rating, and receipt of full documentation as specified in this test specification.
m. Warranty

1. The Cabling Contractor shall warrant Installation against all product defects, and that all approved cabling components meet or exceed the requirements of this document.

Full compensation for fiber splicing and testing including furnishing all labor, material, equipment and incidentals necessary to perform the items of work shall be included in the bid item of Fiber Splicing and Testing and no additional compensation will be allowed therefor.

CONDUIT
Conduit shall conform to the provisions in Section 86-1.02B, "Conduit and Accessories", and Section 87-1.03B, "Conduit Installation", of the State Standard Specifications, and these Technical Specifications.

Material
Rigid non-metallic conduits conforming to the requirements in UL Publication 651 for Rigid Nonmetallic Conduit (PVC Schedule 80) shall be used, except where High Density Polyethylene (HDPE) conduit is required per plan. HDPE shall be the smooth wall type packaged in continuous

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78 08/2025/cdz/A25-0169/BidDoc/ImpAveTrafficSignalSynProj lengths for fast installation with minimal joints. HDPE conduit shall conform to ASTM D1248, D3035 and NEMA standards publication TC- 2, TC-7.

Galvanized rigid steel conduit shall be used for bridge crossings, and conduit entering foundations only, as shown on project plans. Galvanized rigid steel conduit shall be the rigid metallic type with zinc coating meeting the testing requirements established by ASTM Designation: A239.

Kevlar High Strength Conduit Measuring Tape, 3/4” tape 2,500lb tensile strength (or approved equivalent), shall be included within all HDPE, PVC and Galvanized Rigid conduits at the time of installation. Contractor’s personnel shall be stationed at each controller cabinet, splice vault and pull box through which the cable is to be pulled to lubricate and prevent kinking or other damage.

One pull tape shall be provided end to end per conduit run.

A new bare #10 ground wire shall be included in all underground conduit segments. A new bare #10 ground wire shall be spliced together and connected to the “equipment ground bus” bar inside the controller cabinet for all new HDPE/PVC conduit segments. Compensation for furnishing and installing a new bare #10 wire shall be considered as included in the unit price per length foot for the installation of new conduit or the installation fiber optic cable as shown on plans, and no additional compensation will be made therefor.

When existing conduit runs are to be modified, or extended, the material and size of the new conduit shall be the same as the existing conduit. Existing underground conduit being incorporated into a new system shall be cleaned with a mandrel or cylindrical wire brush and blown out with compressed air.

Except as otherwise noted, all conduits shall have their ends sealed with commercial preformed plugs which prevent the passage of gas, dust, and water into these conduits. Sealing plugs shall be installed within each splice vault, pull box, cabinet, or building. a. Installation
All new conduit shall be installed via Horizontal Directional Drilling unless otherwise approved by the Engineer.

Conduit runs are shown schematically in the desired locations. Field conditions at the time of construction may dictate minor changes to facilitate the Contractor’s work. Such minor changes will not constitute extra work. Actual installation shall be done in the most direct manner or as directed by the Engineer.

For directional bore method, North American Society of Trenchless Technology (NASTT) HDD Good Practices Guidelines shall be used in all HDD operations. While performing Directional Drilling and Trenching Operations for the avoidance of existing utilities and below ground structures Common Ground Alliance (CGA) Best Practices shall be followed. The Contractor shall also conform to Section 87-1.03B(5), “Conduit Installation by the Jack and Drill Method”, of the State Standard Specifications. Not all utilities or structures have been shown on the plans but those readily available through agency request have been identified to the best of our ability. Specific locations and field conditions are anticipated to change as these utilities are physically identified. It is the Contractors responsibility to use best practices when drilling for drilling fluid containment, clean up and disposal in accordance with all local and

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79 08/2025/cdz/A25-0169/BidDoc/ImpAveTrafficSignalSynProj state laws and environmental practices. Daily clean-up of fluids and mud is expected during the project. All bore pits, trench dimension and backfill shall comply with the trench compaction requirements per the City standard “Trench Detail” requirements.

Any disturbance to the existing surface including, but not limited to roadway, landscape, and sidewalk shall be restored and/or replaced in kind per the City requirements. Restoration shall include, but not be limited to, the replacement of any damaged sidewalk, landscape planting, landscape irrigation systems, and pavement or pavement striping which is disturbed by the Contractor’s operations in the course of work.

All existing surfaces, whether asphaltic or concrete, Portland Cement concrete, stamped concrete, decorative pavement, pavers, permanent fencing and barriers, landscape material such as turf, trees, shrubs, gravel, etc., or other, shall, after construction, be restored to a condition at least equal to that which existed prior to construction. b. Open Trench
All open trench and excavation operation shall conform to the City’s “Trench Detail” requirement, including the trench details shown on plans and per the City standard plans or drawings, and these Special Provisions.

All conduit runs shall be installed by approved boring, jacking or drilling methods.

Trenching shall only be allowed as authorized by the Engineer. After two failed attempts to directional bore conduit, due to rock or other unavoidable obstructions, as verified by the Inspector; the Contractor may use Section 87-1.03B(6), “Conduit Installation by the Trenching-In-Pavement Method”, of the State Standard Specifications or the City standard “Trench Detail” requirements.

PVC conduit shall be installed in open trenches and in pavement trenches whose edges have been sawcut, except in the vicinity of pull boxes or splice vaults where it may be bored in predrilled, augured or air-blown holes. Generally, trenches should be a minimum four inches wide.

Where trenching occurs within Portland Cement Concrete, a 24-inch wide section of roadbed whose edges have been sawcut shall be removed.

Any disturbance to the existing surface including, but not limited to roadway, landscape, and sidewalk shall be restored and/or replaced in kind per the City requirements. Restoration shall include, but not be limited to, the replacement of any damaged sidewalk, landscape planting, landscape irrigation systems, and pavement or pavement striping which is disturbed by the Contractor’s operations in the course of work.

All existing surfaces, whether asphaltic or concrete, Portland Cement concrete, stamped concrete, decorative pavement, pavers, permanent fencing and barriers, landscape material such as turf, trees, shrubs, gravel, etc., or other, shall, after construction, be restored to a condition at least equal to that which existed prior to construction.

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80 08/2025/cdz/A25-0169/BidDoc/ImpAveTrafficSignalSynProj c. Installation in Roadways
Communications conduit, and traffic signal conduits shall be installed at a consistent depth throughout a block with minimum cover of 36 inches, unless otherwise specified on the Plans and per specified per agency requirement.

Where there is no gutter, the trench shall be at 36 inches from the existing or future curb face (which will accommodate the construction of a 24-inch wide gutter in the future), or as shown otherwise on the project plans. Removal and replacement of all pavement between the trench and the edge of the existing pavement shall be done at the discretion of the Engineer.

Asphalt concrete pavement resurfacing shall conform to the City standard “Trench Detail” requirement or applicable sections of the Greenbook Standard Specifications/Plans or the State Standard Specifications/Plans.

It is desirable to maintain a straight alignment. Routing of a conduit at a bus pad or at any other protrusions beyond the gutter edge must be approved by the Engineer. It should be noted that some installations might require locations in back of the curb. Locations where conduits are within one foot vertically and two feet horizontally from, or otherwise in conflict with, existing utilities will not be permitted.

All existing surfaces, whether asphaltic or concrete, Portland Cement concrete, stamped concrete, decorative pavement, pavers, pavement striping or other, shall, after construction, be restored to a condition at least equal to that which existed prior to construction per the City requirements.
d. Installation in Parkways/Sidewalks
All conduit installations in parkways either open trench or directional bore, shall have a minimum depth of 24-inch.

All existing improvements in parkways, including landscaping and sprinklers, shall be protected from damage or restored to pre-construction condition. Full compensation for this work shall be considered as included in the price bid for other items of work and no additional compensation will be allowed therefor.

e. Backfill
Backfill in pipe zone and bore pits shall be clean sand or pea gravel. The remaining backfill may be a one-sack sand-Portland Cement slurry mix or 3/4" crushed miscellaneous base (CMB) at the discretion of the Engineer.

All backfill shall comply per the City standard “Trench Detail” requirements and the Greenbook Standard Specifications for Public Works Construction. f. Measurement
The measurement for conduit shall be in length feet on horizontal plane only, between two structures (such as foundations, pull boxes, splice vaults, etc.), and shall take into account of the bending radii and all additional length required within each structure. No additional payment is allowed for conduit bends (bending radii).

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81 08/2025/cdz/A25-0169/BidDoc/ImpAveTrafficSignalSynProj Payment
Payment for Furnish and Install 3” PVC Conduit shall be at the contract bid item price paid per linear foot including full compensation for furnishing all labor, material, equipment and incidentals necessary to perform the items of work, and no additional compensation will be allowed therefor.

IP NETWORKING EQUIPMENT
The Ethernet IP communications network system shall include hardened managed Ethernet Edge switches, SFP modules, network video encoders, CAT6 cable, patch cords, chassis, power supplies, connector module housings, couplers, drop cables, all necessary wiring, cables, and connectors.

The proposed IP networking hardware (e.g. managed Ethernet switches) supplied by the Contractor shall be fully installed, configured, integrated, tested and commissioned to the manufacturer's specifications, these Special Provisions.

The Contractor shall coordinate with City Public Works for existing traffic signal/wireless IP schema.

The networking equipment shall be configured to support simultaneous transmission of traffic signal data and video streaming (via traffic signal controllers/video detection cameras) from all roadside devices to the TOC location. Contractor and equipment manufacturer shall instruct those involved in City operation and maintenance on how to set data rates, make configuration changes or provide for operations and maintenance. In-field electrical or optical adjustments shall not be required for these units. Managed, hardened networking equipment shall include the following (or approved equal):
a. Industrial Ethernet Edge Switch – MOXA (8) 10/100/1000TX + (4) 100/1000FX Managed Ethernet Switch (Installed inside traffic signal cabinets) Model # EDS-G512E-4GSFP-T (Edge)
› 8 10/100BASE-T(X) Ports and 4 100/1000 SFP ports
› Designed to meet full compliance with the environmental requirements (ambient operating temperature, mechanical shock, vibration, humidity with condensation, high-line/lowline voltage conditions and transient voltage protection) of NEMA TS-1/ TS-2 Specification for Traffic Signal Control Equipment.
› Operating Temperature: -40˚ C to +75˚ C.
› SNMP v1/v2c/v3, RMON & IEEE 802.1Q VLAN for secure network › HTTPS/SSH protocol for enhanced network security
› Turbo Ring and Turbo Chain (recovery time < 50 ms @ 250 switches), RSTP/STP, and MSTP for network redundancy
› Supports MXstudio for easy, visualized industrial network management › Rigid aluminum housing design provides for DIN-Rail or wall mounting › 5-year Warranty

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82 08/2025/cdz/A25-0169/BidDoc/ImpAveTrafficSignalSynProj All networking hardware shall be supplied with appropriate rated power supply for use within a hardened environment.

Industry standard SFP’s (Small Form-Factor Pluggable) shall be included in all switches to the extent that the required data communication can occur. All SFP's shall be supplied by the same manufacturer of the switch. All fiber network switch SFPs shall all be rated for single mode 1310nm/1550nm duplex operation with 10km operational distance rating (minimum), hardened type. MOXA model # SFP-1GLXLC-T (or approved equal).

Payment
Payment for Furnish and Install Moxa EDS-G512E Field Ethernet Switch, including all power supplies and patch cords complete shall be considered in the unit contract price paid for each bid item including full compensation for furnishing all labor, material, equipment and incidentals necessary to perform the items of work and no additional compensation will be allowed therefor.

Payment for Furnish and Install Dual SFP Module, shall be considered in the unit contract price paid for each bid item including full compensation for furnishing all labor, material, equipment and incidentals necessary to perform the items of work and no additional compensation will be allowed therefor.

AS-BUILT PLANS
The Contractor shall maintain on the job site, a set of full-size black-line prints only, to which the Engineer shall have access at all times.

The Plans, Specifications, and other Contract Documents will govern the project. The Contract Documents are intended to be complementary and cooperative and to describe and provide for a complete project. Anything in the Specifications and not on the Plans, or on the Plans and not in the Specifications, shall be as though shown or mentioned in both.

While it is believed that much of the project will be shown on the Plans or indicated in the Specifications, this does not warrant the completeness or accuracy of such information. The Contractor is required to submit to the Engineer "as-built" prints, prior to the City’s accepting the installations. The prints shall indicate in red all deviations from the contract plans such as location number of fiber optic cable, pull boxes and runs, depths of conduit, number of conductors and other appurtenant work for future references.

The Contractor shall ascertain the existence of any conditions affecting the cost of the project which would have been disclosed by a reasonable examination of the site.

On these plans, the Contractor shall mark all as-built conditions, locations, configurations, and other details which may vary from the details represented on the original drawings. This master

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83 08/2025/cdz/A25-0169/BidDoc/ImpAveTrafficSignalSynProj record of as-built conditions, including all revisions made necessary by Addenda, Change Orders, and the like, shall be maintained up to date during the progress of the work.

In the case of those drawings which are superseded by final shop drawings, the as-built drawings shall be updated by indicating how those portions are superseded.

Upon completion of the work and prior to final acceptance, legible, as-built drawings shall be turned over to the Engineer in electronic format.

Payment
The contract lump sum price or prices paid for As-Built Plans shall include full compensation for all labor, materials, equipment and incidentals to provide a complete set of As-Built Plans as required in the Contract Specifications, and as directed by the Engineer, and no additional compensation will be made therefor.

MyCity TMS SERVER
The Contractor shall furnish and install new Windows 11 CPU within City Hall as directed by the City Engineer and shall purchase and install SWARCO McCain MyCity TMS software with a 1- year license.

The Contractor shall be responsible for transferring all existing devices currently communicating over the City’s QuickNet server to the new MyCity TMS server.

Payment
The contract lump sum price paid for “Furnish and Install MyCity TMS Server” (Additive Alternate B) shall include full compensation for all labor, materials, equipment and incidentals to provide a fully functional central TMS server to the satisfaction of the Engineer and no additional compensation will be made therefor.

END OF SPECIAL PROVISIONS

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84 08/2025/cdz/A25-0169/BidDoc/ImpAveTrafficSignalSynProj

TECHNICAL SPECIFICATIONS

CONSTRUCTION MATERIALS
All construction materials for this contract shall conform to Part 2 – Construction Materials of The “Green Book” Standard Specifications for Public Works Construction (2015 edition), with the following changes and/or additions, unless indicated otherwise:

SECTION 201 – CONCRETE, MORTAR, AND RELATED MATERIALS
201-1.1.1 General
ADD THE FOLLOWING PARAGRAPH:

The Contractor shall furnish the Engineer in the field with a copy of the mix design to be used, and with a legible certified weighmasters certificate for each load of PCC delivered to the project. PCC delivered to the project site having a water content and/or slump greater than that specified in the mix design shall be rejected and removed from the project site.
201-1.1.2 Table 201-1.1.2(A)
DELETE THE ENTIRE TABLE AND SUBSTITUTE THE FOLLOWING:

Except as otherwise specified, all PCC used on this project shall be Class 385-CW-28 (650-CW-4000) with a maximum slump of 100mm (4 in) for all PCC and with the exact mix proportions being determined by the Contractor except for trench backfill slurry, air-placed Concrete-Method B, and as specified by the Engineer.

TECHNICAL SPECIFICIATIONS

CONSTRUCTION METHODS
All construction methods for this contract shall conform to Part 3 – Construction Methods of The “Green Book” Standard Specifications for Public Works Construction (2015 edition), with the following changes and/or additions, unless indicated otherwise:

END OF TECHNICAL SPECIFICATIONS

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85 BID DOCUMENTS

PROPOSAL BID FORM
TO THE DIRECTOR OF PUBLIC WORKS OF THE CITY OF EL CENTRO:

The undersigned hereby declares that he has carefully examined the location of the proposed work that he has examined the plans and specifications and read the accompanying instructions to bidders and hereby proposes to furnish all material except owner furnished materials, and do all work required to complete the said work in accordance with said plans and specifications and special provisions for the unit prices set forth in the following schedule. The bidder shall furnish prices for all items shown in the proposal.

PROJECT BID SCHEDULE

BID ITEMS

BASE BID
Item
No. Description Quantity Unit Unit Cost Total Cost
1 Mobilization and Demobilization 1 LS $________ $___________ 2 Traffic Control and Public Safety 1 LS $________ $___________ 3 Fiber Splicing and Testing 1 LS $_________ $____________ 4 Furnish and Install Model 2070LX
Controller Assembly
5 EA $________ $___________
5 Furnish and Install 2010EClip Conflict
Monitor Unit
4 EA $________ $___________
6 Furnish and Install Moxa EDS-G512E
Field Ethernet Switch
7 EA $________ $___________
7 Furnish and Install Dual SFP Module 16 EA $________ $___________ 8 Furnish and Install 1U Fiber Distribution
Unit, Splice Cassette, and Jumper Cables
7 EA $________ $___________
9 Furnish and Install #6 Pull box with One
Extension
6 EA $________ $___________
10 Furnish and Install #6 Pull box with Two
Extensions
6 EA $________ $___________

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86 Item
No. Description Quantity Unit Unit Cost Total Cost
11 Intercept existing conduit. Furnish and
Install #6 Pull Box with Two Extensions in
Existing Conduit Run
1 EA $________ $___________
12 Furnish and Install 3” PVC Conduit 3,300 LF $________ $___________ 13 Furnish and Install 72-strand SMFOC with
Pull Rope and Bond Wire
9,150 LF $________ $___________
14 Furnish and Install 12-strand SMFOC with
Pull Rope and Bond Wire
660 LF $________ $___________
15 Furnish and Install 72-strand Splice
Enclosure
7 LF $________ $___________
16 Furnish and Install 3” RMC Conduit, 3”
RMC Conduit Riser at Cabinet, and 3”
Type LB Conduit Body into Cabinet
2 EA $________ $___________

Total Base Bid is: $_________________

ADDITIVE BID A
Item
No. Description Quantity Unit Unit Cost Total Cost
17 Remove and Salvage Existing Video
Detection Equipment and Cabling.

Furnish and Install New Iteris
Vantage Hybrid Detection System
Complete (4 approaches)
5 EA $________ $___________
Total Additive Bid A is: $_________________

ADDITIVE BID B
Item
No. Description Quantity Unit Unit Cost Total Cost
18 Furnish and Install new Transparity
Server
1 LS $________ $___________
Total Additive Bid B is: $_________________

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87 Total Base Bid (consisting of the sum of items 1 through 16) is:
$
(Amount of Total Bid written numerically as Dollars and Cents, in US Dollars) $
(Amount of Total Bid written in words as Dollars and Cents, in US Dollars) TOTAL BID (consisting of the sum of Total Base Bid, Total Additive Bid A, and Total Additive Bid B) is:
$
(Amount of Total Bid written numerically as Dollars and Cents, in US Dollars) $
(Amount of Total Bid written in words as Dollars and Cents, in US Dollars) NOTE: TOTAL BID WILL BE USED TO DETERMINE LOW BIDDER

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88 The above bid, submitted above by a qualified prospective bidder, both in numerical form and written in words, shall constitute the Total Bid for this proposed project. The prospective bidder is responsible to place the amount bid for each and every one of the above items 1 through 69. Following receipt of sealed bids, the City of El Centro shall numerically add the amounts bid for all items 1 through 69. The amount of the Total Bid written in words shall be interpreted as a confirmation of the intent of the prospective bidder in preparing the Total Bid.

The numerical sum of all bid items 1 through 69 as derived by the City shall be considered the correct Total Bid, in case an addition error has been made by the prospective bidder. The above Total Base Bid (including Alternatives, if selected) shall be the basis on which the Lowest Responsible Bid shall be selected by the City of El Centro for the proposed project.

1.00 – The undersigned hereby acknowledges the receipt of the following addendum (a):

None ; No. 1 __; No. 2 ; No. 3 ; No. 4 ; No. 5

2.00 – The undersign hereby certifies that this proposal/bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation.

3.00 – The undersigned hereby accepts on the behalf of his firm all provisions and requirements of the contract documents, including but not limited to those related to time of completion and liquidated damages.

4.00 – The undersigned hereby certifies that they are authorized representative of the firm on whose behalf this proposal/bid is submitted and that they are acting at the direction and with the required approval of said firm, which is identified as follows:

Name of firm:

Address of firm:

Telephone Number: ( ) Fax Number: ( )
Contractor’s License Type:

Number:

Signed: Date:

END OF PROPOSAL BID FORM

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89 Local Assistance Procedures Manual Exhibit 12-B
Bidder’s List of Subcontractors
Exhibit 12-B: Bidder’s List of Subcontractor - Part 1
As of March 1, 2015 Contractors (and sub-contractors) wishing to bid on public works contracts must be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts. Please register at https://www.dir.ca.gov/Public-Works/ContractorRegistration.html. The local agency will verify registration of all contractors and subcontractors on public works projects at bid and thereafter annually to assure that yearly registration is maintained throughout the life of the project.

In accordance with Title 49, Section 26.11 of the Code of Federal Regulations, and Section 4104 of the Public Contract Code of the State of California, as amended, the following information is required for each sub-contractor who will perform work amounting to more than one half of one percent (0.5%) of the Total Base Bid or $10,000 (whichever is greater).

Subcontractor Name & Location Line Item & Description Subcontract Amount
Percentage of
Bid Item
Subcontracted
Contractor License Number
)
Annual Gross Receipts
DIR Reg Number
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
Age of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
Age of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
Age of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
Age of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
Age of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
Age of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
Age of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
Age of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
Age of Firm in
years
Distribution – Original: Local Agency File; Copy: DLAE w/Award Package FEDERAL PROJECT NUMBER:

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90 Local Assistance Procedures Manual Exhibit 12-B
Bidder’s List of Subcontractors
Exhibit 12-B: Bidder’s List of Subcontractor - Part 2
In accordance with Title 49, Section 26 of the Code of Federal Regulations, the Bidder shall list all subcontractors who provided a quote or bid but were not selected to participate as a subcontractor on this project.

Subcontractor Name & Location Line Item & Description Subcontract Amount
Percentage of
Bid Item
Subcontracted
Contractor License Number Annual Gross Receipts
DIR Reg Number
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
Age of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
Age of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
Age of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
Age of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
Age of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
Age of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
Age of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
Age of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
Age of Firm in
years
Distribution – Original: Local Agency File; Copy: DLAE w/Award Package

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91 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder ,
proposed subcontractor , hereby certifies that
he has , has not_ , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.

Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.

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92 PUBLIC CONTRACT CODE
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
In conformance with Public Contract Code §10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has has not been convicted within the preceding three (3) years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code §1101, with any public entity, as defined in Public Contract Code §1100, including the Regents of the University of California or the Trustees of the California State University. The term “bidder” is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in §10285.1.

Note: The bidder must place a check mark after “has” or “has not” in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

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93 PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In conformance with Public Contract Code §10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:

Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?
Yes No
If the answer is yes, explain the circumstances in the following space.

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94 PUBLIC CONTRACT CODE 10232 STATEMENT
In conformance with Public Contract Code §10232, the Contractor hereby states under penalty of perjury that no more than one (1) final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two (2) year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.

Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

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95 NONCOLLUSION AFFIDAVIT

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California )
County of Imperial ) ss
In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106, , being first duly sworn, deposes and says that he or she is of the party making the foregoing
bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation, that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; and that all statements contained in the bid are true; and further, that the bidder has not directly, or indirectly, submitted his/her/its bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Date:

Contractor’s Name
Contractor’s Signature
Title

END OF NONCOLLUSION AFFIDAVIT

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96 NONCOLLUSION DECLARATION TO BE EXECUTED
BY

BIDDER AND SUBMITTED WITH BID
The undersigned declares:

I am the _ of , the party making the
foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding.

The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on [date], at [city], _ [state].

Name
Signature
Title

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97 DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he or any other person associated therewith in the capacity of owner, partner, director, officer, manager: • is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; • has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past three (3) years; • does not have a proposed debarment pending; and • has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

If there are any exceptions to this certification, insert the exceptions in the following space.

Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.

Notes: Providing false information may result in criminal prosecution or administrative sanctions.

The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification.

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98 NONLOBBYING CERTIFICATION

FOR FEDERAL-AID CONTRACTS
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(l) No Federally-appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federally-appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure of Lobbying Activities,” in conformance with its instructions.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

The prospective participant also agrees by submitting his bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed one hundred thousand dollars ($100,000) and that all such subrecipients shall certify and disclose accordingly.

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99 DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352

1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract a. bid/offer/application a. initial
b. grant c. cooperative agreement
d. loan
b. initial award c. post-award
b. material change
For Material Change Only: e. loan guarantee
f. loan insurance
year quarter
date of last report

4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:

Prime Subawardee
Tier , if known
Congressional District, if known Congressional District, if known

6. Federal Department/Agency: 7. Federal Program Name/Description:

CFDA Number, if applicable

8. Federal Action Number, if known: 9. Award Amount, if known:

10. a. Name and Address of Lobby Entity b. Individuals Performing Services (including (If individual, last name, first name, MI) address if different from No. 10a) (last name, first name, MI)
(attach Continuation Sheet(s) if necessary)

11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) $ actual planned a. retainer
b. one-time fee

12. Form of Payment (check all that apply): c. commission a. cash d. contingent fee b. in-kind; specify: nature e deferred
value f. other, specify

14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11:
(attach Continuation Sheet(s) if necessary)

15. Continuation Sheet(s) attached: Yes No

16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance Signature:
was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. Print Name: 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject Title:
to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars Telephone No.: Date:
($100,000) for each such failure.

Authorized for Local Reproduction
Federal Use Only: Standard Form – LLL Rev. 09-12-97

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100

INSTRUCTIONS FOR COMPLETION OF SF-LLL,

DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether sub awardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action.

Attach a continuation sheet for additional information if the space on the form is inadequate.

Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.

1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action.

2. Identify the status of the covered Federal action.

3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action.

4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or sub award recipient. Identify the tier of the sub awardee, e.g., the first sub awardee of the prime is the first tier. Sub awards include but are not limited to subcontracts, sub grants and contract awards under grants.

5. If the organization filing the report in Item 4 checks "Sub awardee" then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known.

6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.

8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."

9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5.

10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services and include full address if

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101
different from 10 (a). Enter Last Name, First Name and Middle Initial (Ml).

11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made.

12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment.

13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature.

14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials.

Identify the Federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted.

15. Check whether or not a continuation sheet(s) is attached.

16. The certifying official shall sign and date the form; print his name title and telephone number.

Public reporting burden for this collection of information is estimated to average thirty (30) minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503.

SF-LLL-Instructions Rev. 06-04-90«ENDIF»

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BID AGREEMENT
The undersigned agrees that this bid may not be withdrawn within a period of ninety (90) days from the opening thereof, and further agrees that in case of default in executing the required contract with necessary bonds with the ten (10) days, not including Sunday, after having received notice that the contract is ready for signature, the proceeds of the check or bond accompanying his bid shall become the property of the City of El Centro, California.

The certified or cashier's check, cash deposit or bid bond accompanying this proposal is in the amount of ten percent (10%) or more of the aggregate amount of this bid.

The names of all persons interested in the foregoing proposal as principals are as follows:

IMPORTANT NOTICE
If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a co-partnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last names in full.

The undersigned is licensed in accordance with the Laws of the State of California, License No. Classification(s)
ADDENDA This Proposal is submitted with respect to the changes to the contract included in addenda Number(s) (Fill in addenda numbers if addenda have been received and insert, in this Proposal, any Engineer's Estimate sheets that were received as part of the addenda.)
By my signature on this proposal I certify, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code §§10162, 10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of §8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code). By my signature on this proposal I further certify, under penalty of perjury under the laws of the State of California and the United States of America, that the Noncollusion Affidavit required by Title 23 United States Code, Section 112 and Public Contract Code Section 7106; and the Title 49 Code of Federal Regulations, Part 29 Debarment and Suspension Certification are true and correct.

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Date:

Sign
Here
Signature and Title of Bidder
Company Name
Business Address
Place of Business
Telephone Number
Fax Number

END OF BID AGREEMENT

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CITY OF EL CENTRO

DEPARTMENT OF PUBLIC WORKS
BIDDER’S BOND
We,
as Principal, and
as Surety are bound unto the City of El Centro, State of California, hereafter referred to as "Obligee," in the penal sum of ten percent (10%) of the total amount of the bid of the Principal submitted to the Obligee for the work described below, for the payment of which sum we bind ourselves, jointly and severally,
THE CONDITION OF THIS OBLIGATION IS SUCH, THAT:

WHEREAS, the Principal is submitted to the Obligee, for (Copy here the exact description of work, including location as it appears on the proposal) for which bids are to be opened at on
(Insert place where bids will be opened) (Insert date of bid opening) NOW, THEREFORE, if the Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form, in conformance with the bid, and files two bonds with the Obligee, one to guarantee faithful performance of the contract and the other to guarantee payment for labor and materials as provided by law, then this obligation shall be null and void; otherwise, it shall remain in full force.

In the event suit is brought upon this bond by the Obligee and judgment is recovered, the Surety shall pay all costs incurred by the Obligee in such suit, including actual costs and reasonable attorneys’ fee to be fixed by the court.

Dated: , 20 .

Principal
Surety
By
Attorney-in-fact

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CERTIFICATE OF ACKNOWLEDGEMENT
State of California
City/County of ss
On this _______________________________________________ year 20__ before me
day of ____in the
, personally appeared _ ,
Attorney-in-fact
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the attorney-in-fact of , and acknowledged to me that he (she) subscribed the name of the said company thereto as surety, and his (her) own name as attorney-in-fact.
(SEAL)
Notary Public
END OF BIDDER’S BOND

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CONSTRUCTION AGREEMENT

CITY OF CENTRO, CALIFORNIA
THIS AGREEMENT, is dated as of the day of , in the year 20 , by and between the City of El Centro, (“OWNER”), and
(“CONTRACTOR”)
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1. WORK.

CONTRACTOR shall complete the WORK indicated in OWNER’s Contract Documents entitled “IMPERIAL AVENUE TRAFFIC SIGNAL SYNCHRONIZATION PROJECT” The WORK is generally described as follows:

This project involves installing new equipment, and software to provide traffic signal upgrades in order for six (6) existing signal lights located along Imperial Ave. at Ocotillo Dr., Pepper Dr, Ross Ave., Hamilton Ave, State St., and Main St.; and one (1) HAWK signal located at the intersection of Imperial Ave and Holt Ave. to have synchronization capabilities. The six (6) existing signal lights located along Imperial Ave. at Ocotillo Dr., Pepper Dr, Ross Ave., Hamilton Ave, State St., and Main St.; and one (1) HAWK signal located at the intersection of Imperial Ave and Holt Ave. shall all be interconnected with fiber optic. The Imperial Ave. & Main St. signalized intersection is equipped with a transmitter to communicate with the existing master computer at the City of El Centro Public Works Yard.

ARTICLE 2. CONTRACT TIME.

The WORK will be completed within ninety (90) working days after the commencement of date stated in the Notice to Proceed.

ARTICLE 3. LIQUIDATED DAMAGES.

OWNER and CONTRACTOR recognize time is of the essence of this Agreement and OWNER will suffer financial loss if the WORK is not completed within the time specified in Article 2 herein, plus any extensions thereof allowed in accordance with Section 1-22 of the General Conditions. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the OWNER and CONRACTOR agree that as liquidated damages for delay (but not as a penalty) the CONTRACTOR shall pay OWNER one thousand dollars ($1,250) for each day, or portion thereof, that expires after the time specified in Article 2 herein.

ARTICLE 4. CONTRACT PRICE.

OWNER shall pay CONTRACTOR for completion of the WORK in accordance with the Contract Documents in current funds the amount set forth in the Bid Schedule(s) and subject to the provisions for progress payments.

ARTICLE 5. PAYMENT PROCEDURES.

CONTRACTOR shall submit Applications for Payment in accordance with Section 1-29 of the General Conditions.

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ARTICLE 6. CONTRACT DOCUMENTS.

The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the WORK consist of this Agreement and the following attachments to : this Agreement.

6.1 Invitation for Bids/ Advertisement.

6.2 Bid Requirements.

6.3 General Conditions

6.4 Supplemental General Conditions (State)

6.5 Specifications

6.6 Special Provisions

6.7 Job Quantities

6.8 Bid Form

6.9 Bid Bond

6.10 Equal Employment Opportunity Certification

6.11 Public Contract Code Section 10285.1 Statement

6.12 Public Contract Code Section 10162 Questionnaire

6.13 Public Contract Code Section 10232 Statement

6.14 Debarment and Suspension Certification

6.15 Non-lobbying Certification

6.16 Disclosure of Lobbying Activities

6.17 This Section Intentionally Left Blank

6.18 This Section Intentionally Left Blank

6.19 This Section Intentionally Left Blank

6.20 This Section Intentionally Left Blank

6.21 Bid Agreement

6.22 Agreement

6.23 Faithful Performance Bond

6.24 Labor and Material Bond

6.25 Workers’ Compensation Insurance Certification

6.26 Subcontractor’s Listing

6.27 Noncollusion Affidavit

6.28 Drug and Alcohol Testing Requirements

6.29 Corporate Certification or Partnership Information

6.30 Contractor’s Certification of Qualification for License Classification

6.31 Federal-aid Project Special Provisions

6.32 State Prevailing Wages

6.33 Federal Prevailing Wages

6.34 Plan Sheets titled “IMPERIAL AVENUE TRAFFIC SIGNAL SYNCHRONIZATION PROJECT"
There are no Contract Documents other than those listed in this Article 6. The Contract Documents may only be amended by Change Order as provided in Section 1-23 of the General Conditions. To the extent this Agreement conflict with the provisions of other documents, the provisions of this Agreement shall apply.

ARTICLE 7. ASSIGNMENT.

No assignment by a party hereto of any rights or obligations under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought

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to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent the effect of this restriction may be limited by law). Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

ARTICLE 8. PROGRESS PAYMENTS
Based upon Applications for Payment submitted to the Architect by the CONTRACTOR and Certificates for Payment issued by the Architect, the CITY shall make progress payments on account of the Contract Sum to the CONTRACTOR as provided in the General Conditions.

This Agreement is subject to the provisions of Article 1.7 (commencing at Section 20104.50) of Division 2, Part 3 of the Public Contract Code regarding prompt payment of contractors by local governments. Article 1.7 mandates certain procedures for the payment of undisputed and properly submitted payment requests within 30 days after receipt, for the review of payment requests, for notice to Contractor of improper payment requests, and provides for the payment of interest on progress payment requests that are not timely made in accordance with that Article. This AGREEMENT hereby incorporates the provisions of Article 1.7 as though fully set forth herein.] ARTICLE 9. RETENTION OF SECURITIES
Public Contract Code Section 22300 permits the substitution of securities for any monies withheld by a public agency to ensure performance under a contract, at the request and expense of the CONTRACTOR. See a copy of Section 22300, attached.

ARTICLE 10. INDEMNITY, DEFENSE AND HOLD HARMLESS AGREEMENT In addition to the provisions of any other indemnification, CONTRACTOR shall indemnify, defend with legal counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the CITY. Should conflict of interest principles preclude a single legal counsel from representing both CITY and CONTRACTOR, or should CITY otherwise find CONTRACTOR’s legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the CONTRACTOR’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

CONTRACTOR’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without

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affecting the rights of CITY under any provision of this agreement, CONTRACTOR shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY active negligence accounts for only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the active negligence of CITY.

ARTICLE 11. P REVAILING WAGES
A. Wage rates for this Project shall be in accordance with the “General Wage Determination Made By the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1", for Imperial County. Wage rates shall conform with those posted at and the Project site.

B. The following Labor Code sections are hereby referenced and made a part of this Agreement:

1. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.

2. Section 1777.4 - Apprenticeship Requirements.

3. Section 1777.5 - Apprenticeship Requirements.

4. Section 1813 - Penalty for Failure to Pay Overtime.

5. Sections 1810 and 1811 - Working Hour Restrictions.

6. Section 1775 - Payroll Records.

7. Section 1773.8 - Travel and Subsistence Pay.

ARTICLE 12. R ECORD AUDIT
In accordance with Government Code, Section 8546.7, records of both the CITY and the CONTRACTOR shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.

ARTICLE 13. F INAL PAYMENT
Final payment, constituting the entire unpaid balance of the Agreement Sum, shall be paid by the CITY to the CONTRACTOR no sooner than thirty-five (35) days after a Notice of Completion has been recorded, unless otherwise stipulated in the Notice of Completion, provided the work has then been completed, the Agreement fully performed, and a final Certificate for Payment has been issued by the Architect.

ARTICLE 14. C ONTRACTOR'S FAILURE TO PROCURE COMPLETION OF PROJECT In the event CONTRACTOR fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this Agreement in a diligent and workmanlike manner, and if the CONTRACTOR for a period of three (3) calendar days after receipt of written demand from CITY or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, and to prosecute its work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within said three (3) calendar days, fails to continue to do so; then the CITY may exclude the CONTRACTOR from

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the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this Agreement or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by the CITY to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by the CITY, shall be a charge against the CONTRACTOR, and may be deducted from any money due or becoming due to CONTRACTOR from the CITY, or the CONTRACTOR shall pay the CITY the amount of said charge, or the portion thereof unsatisfied. The sureties provided for under this Agreement shall become liable for payment should CONTRACTOR fail to pay in full any said cost incurred by the CITY.

ARTICLE 15. INSURANCE
Prior to the beginning of and throughout the duration of the Work, CONTRACTOR and its subcontractors shall maintain insurance in conformance with the requirements set forth below.

CONTRACTOR will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.

CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to CONTRACTOR or its subcontractors in excess of the limits and coverage identified in this Agreement and which is applicable to a given loss, claim or demand, will be equally available to CITY.

A. CONTRACTOR shall provide the following types and amounts of insurance:

Without limiting CONTRACTOR’s indemnification of CITY, and prior to commencement of Work, 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.

General liability 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 $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile liability 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 Work 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.

Umbrella or excess liability insurance. CONTRACTOR shall obtain and maintain an umbrella or excess liability insurance that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:

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 A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason;  Pay on behalf of wording as opposed to reimbursement;  Concurrency of effective dates with primary policies;  Policies shall “follow form” to the underlying primary policies; and  Insureds under primary policies shall also be insureds under the umbrella or excess policies.

Workers’ compensation insurance. CONTRACTOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for CONTRACTOR’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, CONTRACTOR shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.

CONTRACTOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.

Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on a CONTRACTOR’s Pollution Liability form or other form acceptable to CITY providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.

Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The CITY, its officials, officers, agents, and employees, shall be included as insureds under the policy.

Builder’s risk insurance. Upon commencement of construction and with approval of CITY, CONTRACTOR shall obtain and maintain builder’s risk insurance for the entire duration of the Project until only the CITY has an insurable interest. The Builder’s Risk coverage shall include the coverages as specified below.

The named insureds shall be CONTRACTOR and CITY, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design Work) of any tier and suppliers

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shall be included as additional insureds as their interests may appear. CONTRACTOR shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to CITY.

The policy shall contain a provision that all proceeds from the builder’s risk policy shall be made payable to the CITY. The CITY will act as a fiduciary for all other interests in the Project.

The Policy shall be provided for replacement value on an "all risk" basis for the completed value of the project.

There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include:
(1) coverage for any ensuing loss from faulty workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) Ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) Ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site or any staging area. Such insurance shall be on a form acceptable to CITY to ensure adequacy of terms and sub limits and shall be submitted to the CITY prior to commencement of construction.

Other provisions or requirements
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 of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. CONTRACTOR shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONTRACTOR, his agents, representatives, employees or subcontractors. CONTRACTOR must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. CITY and its officers, officials, employees, and agents shall continue as additional insureds under such policies.

Primary/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.

City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems

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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.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or 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 VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the CITY’s risk manager.

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 sub consultants.

Enforcement of contract provisions (non estoppel). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform CONTRACTOR of noncompliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.

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 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.

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.

Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

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.

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 who 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.

Pass through clause. CONTRACTOR agrees to ensure that its sub-consultants, subcontractors, and any other party involved with the project that 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

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responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. CONTRACTOR agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to CITY for review.

City’s right to revise requirements. 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 a ninety (90) day 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.

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.

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.

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.

A. CONTRACTOR'S LICENSE
CONTRACTOR must possess at the time of commencing work and throughout the Project duration, a Class A Contractor's License, issued by the State of California, which is current and in good standing. CONTRACTOR shall ensure that any subcontractor working on the Project possesses at the time of commencing work and throughout the Project duration, a Contractor's License, issued by the State of California, which is current and in good standing.

ARTICLE 16 R EGISTRATION REQUIREMENTS
Pursuant to Section 1771.1(a) of the Labor Code:
“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.”
CONTRACTOR must be registered with the Department of Industrial Relations (DIR) of the State of California in order to be eligible to work on public works projects. CONTRACTOR must ensure registration with the DIR that is active and in good standing.

No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only

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under Labor Code section 1771.1(a)].

No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

The CONTRACTOR is not subject to public works requirements (including registration with the DIR) if the public works project is under $1,000, unless the CITY knows that the same CONTRACTOR will be awarded total project costs in excess of $1,000 for a given year.

ARTICLE 17. C ORPORATION IN GOOD STANDING
If CONTRACTOR is a corporation, the undersigned hereby represents and warrants that the corporation is duly incorporated and in good standing in the State of California, and that , whose title is , is authorized to act for and bind the corporation.

ARTICLE 18. P ROVISIONS REQUIRED BY LAW
Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either party the Agreement shall forthwith be physically amended to make such insertion or correction.

ARTICLE 19. S UBSURFACE HAZARDOUS MATERIALS
A. In the event trenches or other excavations extend deeper than four (4) feet below the surface, the CONTRACTOR shall promptly, and before the following conditions are disturbed, notify the CITY in writing of any:

1. Material that the CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II or Class III disposal site in accordance with the provisions of existing law.

2. Subsurface or latent physical conditions at the site differing from those indicated.

3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the Work or the character provided for in the CONTRACT.

B. Upon receipt of said notification the CITY will investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the CONTRACTOR's cost of or the time required for performance of any part of the work, the CITY will issue a change order under the procedures described in the General Conditions.

C. In the event that a dispute arises between the CITY and the CONTRACTOR whether the conditions materially differ, or involve hazardous waste or cause a decrease or increase in

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the CONTRACTOR's cost of or time required for performance of any part of the work, the CONTRACTOR shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement. The CONTRACTOR shall retain any and all rights provided either by Agreement or by law which pertain to the resolution of disputes and protests between the contracting parties.

ARTICLE 20. L IQUIDATED DAMAGES
Pursuant to Government Code Section 53069.85, if work is not completed within the contract time or in strict accordance with the Project Schedule, it is understood, acknowledged and agreed that the CITY will suffer damage. It is therefore agreed that the CONTRACTOR shall pay to the CITY the sum of One Thousand Two Hundred Fifty dollars ($1,250) for each and every calendar day of delay beyond the Contract Time, or beyond any completion schedule, construction schedule or Project milestones established in or pursuant to the Project Schedule, or beyond the time indicated in the Project Schedule for any individual Contract activity.

CONTRACTOR expressly understands, acknowledges and agrees that such liquidated damages can and shall be imposed if the CONTRACTOR does not meet each and every aspect of any activity schedule, completion schedule, construction schedule or Project milestones established in or pursuant to the Project Schedule. If the CITY accepts work or makes any payment under this Agreement after a default by reason of delays, the acceptance of such work and/or payment(s) shall in no respect constitute a waiver or modification of any provisions regarding Contract Time, a completion schedule, the Project Schedule or the accrual of liquidated damages. In the event the same is not paid, the CONTRACTOR further agrees that the CITY may deduct the amount thereof from any money due or that may become due the CONTRACTOR under the Agreement. This Article does not exclude recovery of damages under provisions of the Contract Documents, and is expressly in addition to the CITY’s ability to seek other damages.

CONTRACTOR is to refer to Section Project Construction Schedule for duration of individual activities. Liquidated damages may be assessed if any individual activity duration exceeds the time indicated for that activity on the Project Construction Schedule.

ARTICLE 21. E NTIRE CONTRACT
This Agreement constitutes the entire contract between the parties. No other agreements or contracts, whether oral or written, pertaining to the work to be performed, exist between the parties.

This Agreement can be modified only by an amendment in writing, signed by both parties. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.

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IN WITNESS WHEREOF, OWNER and CONTRACTOR have caused this Agreement to be executed the day and year first above written.

OWNER: CITY OF EL CENTRO

CITY MANAGER, CITY OF EL CENTRO
ATTEST:

CITY CLERK, CITY OF EL CENTRO
APPROVED AS TO FORM AND LEGALITY:

CITY ATTORNEY
DATED: 201
CONTRACTOR: COMPANY NAME
LICENSE NO.

BUSINESS ADDRESS_ STATE/ZIP
TELEPHONE NO. FAX NO.

SIGNATURE: TITLE
SIGNATURE: TITLE
If the contractor is a corporation two officers of the corporation shall sign the agreement.

END OF AGREEMENT

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FHWA 1273 CERTIFICATION
The bidder, under penalty of perjury, certifies that, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager, shall comply with the provisions of the Form FHWA 1273 included in the Special Provisions. The provisions apply to all work performed on the contract including work performed by the subcontract. The unmodified Form 1273 is required to be physically incorporated into each contract, subcontract and subsequent lower-tier subcontracts. The provisions may not be incorporated by reference.

The prime contractor is responsible for compliance with the requirements by all subcontractors and lower tier subcontractors. Failure of the prime contractor to comply with this requirement is grounds for local agency termination of the contract with the contractor and debarment of the contractor by the FHWA.

Name of Contractor
Address
Signature:

Date:

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FHWA-1273 – Revised October 23, 2023

REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General
II. Nondiscrimination
III. Non-segregated Facilities
IV. Davis-Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act
Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
XI. Certification Regarding Use of Contract Funds
for Lobbying
XII. Use of United States-Flag Vessels:

ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only) I. GENERAL

1. Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding
emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR
633.102(e).

The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 CFR 633.102(e).

Form FHWA-1273 must be included in all Federal-aid designbuild contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or
services) in accordance with 23 CFR 633.102. The designbuilder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.

Contracting agencies may reference Form FHWA-1273 in
solicitation-for-bids or request-for-proposals documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a
construction contract). 23 CFR 633.102(b).

2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d).

3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final
payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA.

4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b).

The term Federal-aid highway does not include roadways
functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a).

II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part
230, Subpart A, Appendix A; EO 11246)
The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction
subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.

In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504
of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, and 27; and 23 CFR Parts 200, 230, and 633.

The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-

1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.

Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the
FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, and 27; and 23 CFR Parts 200, 230, and 633.

The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA
requirements.

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1. Equal Employment Opportunity: Equal Employment
Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) &(5). b. The contractor will accept as its operating policy the following statement:
"It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, preapprenticeship, and/or on-the-job training."

2. EEO Officer: The contractor will designate and make
known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be
reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with thecontractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women.
d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or
other appropriate means.

4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration.
b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the
contractor’s compliance with EEO contract provisions. Where implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for
employment. Information and procedures with regard to
referring such applicants will be discussed with employees.

5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability.

The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel.
b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any
evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action

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within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.

6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are
applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each.
d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to
apply for such training and promotion.

7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the
requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency.

8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable
accommodation in all employment activities unless to do so would cause an undue hardship.

9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The
contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO
obligations under this contract.
b. The contractor will use good faith efforts to
ensure subcontractor compliance with their EEO
obligations.

10. Assurances Required:
discriminate on the basis of race, color, national origin, or sex in the performance of this contract.
c. The Title VI and nondiscrimination provisions of U.S.

DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21.

11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following:
a. This section intentionally left blank.
b. The contractor, subrecipient or subcontractor shall not

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(1) The number and work hours of minority and nonminority group members and women employed in each work classification on the project;
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women. b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and nonminority group employees currently engaged in each work classification required by the contract work. This information is to be reported on F form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July.

III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5.

As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes.

IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113.

This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101.

Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167.

The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements.

1. Minimum wages (29 CFR 5.5) a. Wage rates and fringe benefits. All laborers and mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid
unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (2 9 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in paragraphs (d) and (e) of 29 CFR 5.5, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (4 0 U .S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.e. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph 4. of this section. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph 1.c. of this section) and the Davis-Bacon poster (WH–1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. Frequently recurring classifications. (1) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 2 9 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly
submitted pursuant to paragraph 1.c. of this section, provided that:
(i) The work performed by the classification is not
performed by a classification in the wage determination for which a prevailing wage rate has been determined;

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(ii) The classification is used in the area by the
construction industry; and
(iii) The wage rate for the classification bears a
reasonable relationship to the prevailing wage rates
contained in the wage determination.
(2) The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c.(1)(iii) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification. c. Conformance. (1) The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be classified in conformance with the wage determination. Conformance of an additional
classification and wage rate and fringe benefits is appropriate only when the following criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage determination; and
(ii) The classification is used in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(2) The conformance process may not be used to split,
subdivide, or otherwise avoid application of classifications listed in the wage determination.
(3) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to D [email protected]. The Administrator, or an
authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
(4) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed
classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to D [email protected], refer the
questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
(5) The contracting officer must promptly notify the
contractor of the action taken by the Wage and Hour Division under paragraphs 1.c.(3) and (4) of this section. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 1.c.(3) or (4) of this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
d. Fringe benefits not expressed as an hourly rate.

Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof. e. Unfunded plans. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in § 5.28, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the
contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
f. Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages.

2. Withholding (29 CFR 5.5) a. Withholding requirements. The contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered
necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in this section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a
contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in paragraph 3.d. of this section, the contracting agency may on its own initiative and after written notice to the contractor, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with
paragraph

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2.a. of this section or Section V, paragraph 3.a., or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its procurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 3 1
U .S.C. 3901–3907.

3. Records and certified payrolls (29 CFR 5.5) a. Basic record requirements (1) Length of record retention.

All regular payrolls and other basic records must be
maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and
mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed.
(2) Information required. Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each
worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 4 0 U.S.C. 3 141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid.
(3) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph 1.e. of this section that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 4 0 U.S.C. 3 141(2)(B) of the Davis-Bacon Act, the contractor must maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.
(4) Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must
maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs.
b. Certified payroll requirements (1) Frequency and method of submission. The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Actscovered work is performed, certified payrolls to the contracting agency. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system.
(2) Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2) of this section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker ( e.g., the last four digits of the worker's Social Security number). The required weekly
certified payroll information may be submitted using Optional Form WH–347 or in any other format desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division website at h ttps://www.dol.gov/sites/dolgov/files/WHD/ legacy/files/wh347/.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the contracting agency. (3) Statement of Compliance. Each certified payroll
submitted must be accompanied by a “Statement of
Compliance,” signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following:
(i) That the certified payroll for the payroll period contains the information required to be provided under paragraph 3.b. of this section, the appropriate information and basic records are being maintained under paragraph 3.a. of this section, and such information and records are correct and complete; (ii) That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set
forth in 2 9 CFR part 3; and
(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually
performed, as specified in the applicable wage determination incorporated into the contract.
(4) Use of Optional Form WH–347. The weekly submission
of a properly executed certification set forth on the reverse side of Optional Form WH–347 will satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(3) of this section.

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(5) Signature. The signature by the contractor,
subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature.
(6) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 3 1 U .S.C. 3729. (7) Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed. c. Contracts, subcontracts, and related documents. The contractor or subcontractor must maintain this contract or subcontract and related documents including, without
limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
d. Required disclosures and access (1) Required record
disclosures and access to workers. The contractor or
subcontractor must make the records required under
paragraphs 3.a. through 3.c. of this section, and any other documents that the contracting agency, the State DOT, the FHWA, or the Department of Labor deems necessary to
determine compliance with the labor standards provisions of any of the applicable statutes referenced by § 5.1, available for inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and must permit such
representatives to interview workers during working hours on the job.
(2) Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to § 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be
precluded from introducing as evidence in an administrative proceeding under 2 9 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the
contractor or person for an extension of the time for
submission of records. WHD will determine the
reasonableness of the request and may consider, among other things, the location of the records and the volume of
production.
(3) Required information disclosures. Contractors and
subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to the contracting agency, the State DOT, the FHWA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action.

4. Apprentices and equal employment opportunity (29 CFR

5.5) a. Apprentices (1) Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the
predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship
Agency recognized by the OA withdraws approval of an
apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(2) Fringe benefits. Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that
determination.
(3) Apprenticeship ratio. The allowable ratio of apprentices to journey workers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to paragraph

4.a.(4) of this section. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph 4.a.(1) of this section, must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.

In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage
determination for the work actually performed.
(4) Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journey worker’s hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed.
b. Equal employment opportunity. The use of apprentices and journey workers under this part must be in conformity with

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the equal employment opportunity requirements of Executive Order 11246, as amended, and 2 9 CFR part 30. c. Apprentices and Trainees (programs of the U.S. DOT).

Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for
apprentices and trainees under such programs will be
established by the particular programs. The ratio of apprentices and trainees to journey workers shall not be greater than permitted by the terms of the particular program.

5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5.

6. Subcontracts. The contractor or subcontractor must insert FHWA-1273 in any subcontracts, along with the applicable wage determination(s) and such other clauses or contract modifications as the contracting agency may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate. 29 CFR 5.5.

7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.

8. Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the DavisBacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR 5.5.

9. Disputes concerning labor standards. As provided in 29 CFR 5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their
representatives.

10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 4 0 U .S.C. 3144(b) or § 5.12(a).
b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 4 0 U.S.C. 3144(b) or § 5.12(a). c. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 1 8 U .S.C. 1001. 11. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 2 9 CFR part 1 or 3;
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 2 9 CFR part 1 or 3 ; c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, this part, or 2 9 CFR part 1 or 3 ; or
d. Informing any other person about their rights under
the DBA, Related Acts, this part, or 2 9 CFR part 1 or 3. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchpersons and guards.

1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR

5.5. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1. of this section the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment.

In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or

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mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph 1. of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1. of this section.
* $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may be adjusted annually by the Department of Labor, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990.

3. Withholding for unpaid wages and liquidated damages a. Withholding process. The FHWA or the contracting agency may, upon its own action, or must, upon written
request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be
considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages;
monetary relief, including interest; and liquidated damages required by the clauses set forth in this section on this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that isheld by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the
contractor liability for which the funds were withheld. b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with Section IV paragraph 2.a. or paragraph 3.a. of this section, or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its procurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 3 1
U .S.C. 3901–3907.

4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs 1. through 5. of this section and a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1. through 5. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower- tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate.

5. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its
implementing regulations in this part;
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part; c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or
d. Informing any other person about their rights under
CWHSSA or this part.

VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction contracts on the National Highway System pursuant to 23 CFR 635.116.

1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such
specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or
rented by the prime contractor, with or without operators.

Such term does not include employees or equipment of a
subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be
included in this term if the prime contractor meets all of the following conditions: (based on longstanding interpretation) (1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality of the work of the leased employees;

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(3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102.

2. Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the
contractor under the contract provisions.

3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract.

4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the
contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on longstanding interpretation of 23 CFR 635.116).

5. The 30-percent self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. 23 CFR 635.116(d).

VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635).

The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108.

2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR Part 1926) promulgated by the
Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 29 CFR 1926.10.

3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704).

VIII. FALSE STATEMENTS CONCERNING HIGHWAY

PROJECTS
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal- aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway
project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of
construction on any highway or related project submitted for approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 11, 1916, (39 Stat. 355), as amended and supplemented;
Shall be fined under this title or imprisoned not more than 5 years or both."

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IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2
CFR 200.88; EO 11738)
This provision is applicable to all Federal-aid construction contracts in excess of $150,000 and to all related
subcontracts. 48 CFR 2.101; 2 CFR 200.327.

By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200,
Appendix II.

The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.327.

X. CERTIFICATION REGARDING DEBARMENT,

SUSPENSION, INELIGIBILITY AND VOLUNTARY

EXCLUSION
This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and
1200.220.

1. Instructions for Certification – First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. 2 CFR 180.325.
d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances. 2 CFR 180.345 and 180.350.
e. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as
subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330.
g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 180.300.
h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for
ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (h ttps://www.sam.gov/). 2 CFR 180.300, 180.320, and 180.325.
i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause.

The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325.
* * * * *

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