Agreement – Crosstown Electrical & Data, Inc. — Manhattan Beach City Council, December 6, 2022

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NOTICE INVITING BIDS FOR ............................................................................ .................... NIB-1 INSTRUCTIONS TO BIDDERS ............................................................................. ...................... I-1 CHECKLIST FOR BIDDERS ............................................................................... ........................ I-6 BID ............................................... ................................................... ........................................... B-1 CONTRACT ............................................................................................. ................................... C-1 PAYMENT BOND (LABOR AND MATERIALS) ................................................................... ........ C-6 PERFORMANCE BOND .................................................................................... ........................ C-8 WARRANTY BOND ........................................................................................ .......................... C-10 PART 1 – GENERAL PROVISIONS ......................................................................... ................. 1-1 SECTION 0. GENERAL PROVISIONS DEFINED .......................................................... 1-1 SECTION 1. GENERAL, TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS ................................................................................. .......... 1-1 SECTION 2. SCOPE OF THE WORK ....................................................................... .... 1-5 SECTION 3. CONTROL OF THE WORK ..................................................................... 1-22 SECTION 4. CONTROL OF MATERIALS .................................................................... 1-28 SECTION 5. LEGAL RELATIONS AND RESPONSIBILITIES ....................................... 1-30 SECTION 6. PROSECUTION AND PROGRESS OF THE WORK ............................... 1-38 SECTION 7. MEASUREMENT AND PAYMENT ........................................................... 1-42 SECTION 8. FACILITIES FOR AGENCY PERSONNEL .............................................. 1-51 SECTION 9. CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT PLAN .... 1-52 SECTION 10. ADDITIONAL TERMS ........................................................................ .... 1-58 PART 2 - CONSTRUCTION MATERIALS ..................................................................... ............. 2-1 PART 3 - CONSTRUCTION METHODS ....................................................................... ............. 3-1 PART 4 - EXISTING IMPROVEMENT ........................................................................ ................. 4-1 PART 5 - PIPELINE SYSTEM REHABILITATION .............................................................. ......... 5-1 PART 6 - TEMPORARY TRAFFIC CONTROL ................................................................... ......... 6-1 PART 7 - STREET LIGHTING AND TRAFFIC SIGNAL SYSTEM ............................................... 7-1 DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F 12100-0001\2654178v1.doc
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PART 8 - LANDSCAPE AND IRRIGATION ................................................................... ............. 8-1 PART 9 - SPECIAL INSTRUCTIONS ....................................................................... .................. 9-1 PART 10 – STANDARD AND SPECIAL TECHNICAL PROVISIONS ....................................... 10-1

APPENDIX I PROGRESS PAYMENT REQUEST FORM ........................................ APPENDIX I-1 APPENDIX II DAILY REPORT ............................................................................ .... APPENDIX II-1 APPENDIX III APPLICABLE CITY STANDARD PLANS ........................................ APPENDIX III-1 APPENDIX IV DETECTION CAMERA SYSTEM SPECIFICATIONS ..................... APPENDIX IV-1

APPENDIX V COUNTY OF LOS ANGELES TRAFFIC CONTROLLER SPECIFICATIONS .................................................. ................................................... ........................... APPENDIX V-1

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City of MB Form

NOTICE INVITING BIDS
FOR

MARINE AVENUE AT CEDAR AVENUE TRAFFIC SIGNAL AND INTERSECTION

IMPROVEMENT PROJECT

Project number: E1269-22C Bid Number: T-263

NOTICE IS HEREBY GIVEN that the City of Manhattan Beach, California (“City”) invites Bids for the Project. The City will receive ELECTRONIC BIDS ONLY up to 11:00 a.m. on Thurday, October 6, 2022 , at which time the ELECTRONIC bids will be opened and posted on PlanetBids.

The deadline to submit questions related to the bid documents Monday, September 26, 2021, 11:00 a.m.

Bids shall be received electronically only on the PlanetBids Portal accessible through the City of Manhattan Beach Public Works Department Bid Opportu nities webpage at https://www.manhattanbeach.gov/departments/public-works/bid-opportunities . To submit your bid electronically and to review Bid tabulation res ults (“Bid Opening”), please visit the following link: https://pbsystem.planetbids.com/portal/48136/bo/bo-detail/96982.

Contract Documents in PDF format (including City Special Provisions and Project Plans, but not including Standard Plans, Standard Specifications, or Reference Specifications) shall be obtained from the link/website above.

Total Cost per set: $100.00

All fees listed above are non-refundable. The Contr act Documents must be purchased online; they cannot be purchased or mailed from City Hall. Bidders are solely responsible for on time submission of their electronic bid. The City will o nly consider bids that have been transmitted successfully and have been issued an ebid confirmat ion number with a time stamp from the bid management system indicating that the bid was submitted successfully. Transmission of bids by any other means will not be accepted. Bidders shall be solely responsible for informing themselves with respect to the proper utilization of the bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the bidders to success fully submit electronic bids shall be at the bidders’ sole risk and no relief will be given for late and/or improperly submitted bids. Bidders experiencing any technical difficulties with the bid submission process may contact PlanetBids at (818) 992-1771. Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of assistance, or assurance that any given problem will be resolved by the bid submission deadline.

Bids must remain valid and shall not be subject to withdrawal for 90 calendar days after the Bid opening date.

SCOPE OF WORK. The Project includes, without limitation, furnishin g all necessary labor, materials, equipment and other incidental and appur tenant Work necessary to satisfactorily complete the Project, as more specifically describe d in the Contract Documents. This Work will be performed in strict conformance with the Contrac t Documents, permits from regulatory agencies with jurisdiction, and applicable regulations. The quantity of Work to be performed and materials to be furnished are approximations only, being given as a basis for the comparison of BIDS . Actual quantities of Work to be performed may vary at the discretion of the City Engineer.

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Time for completion of the Work is120 total Working Days from the date specified in the Notice to Proceed to Fulfill Preconstruction Requirements and Order Materials, excluding the procurement time as appropriate determined by the City Engineer.

REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS. In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall 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, unless currently registered and qualified to perform public work pursuant to Se ction 1725.5 with limited exceptions for bid purposes only under Labor Code Section 1771.1(a).

PREVAILING WAGES. In accordance with Labor Code Section 1770 et seq ., the Project is a “public work.” The selected Bidder (Contractor) and any Subcontractors shall pay wages in accordance with the determination of the Director of the Department of Industrial Relations (“DIR”) regarding the prevailing rate of per diem wages. Copies of those rates are on file with the Director of Public Works and are available to any interested party upon request. The Contractor shall post a copy of the DIR’s determination of the prevailing rate of per diem wages at each job site. This Project is subject to compliance monitoring and enforcement by the DIR.

BONDS. Each Bid must be accompanied by a cash deposit, cas hier’s check, certified check or Bidder’s Bond issued by a Surety insurer, made paya ble to the City and in an amount not less than ten percent of the total Bid submitted. Person al or company checks are not acceptable.

Upon Contract award, the Contractor shall provide faithful performance and payment Bonds, each in a sum equal to the Contract Price, as well as a warranty or maintenance Bond that is valid for one year from Project acceptance in the amount of t en percent of the Contract Price. All Bonds must be issued by a California admitted Surety insu rer using the forms set forth in the Contract Documents, or in any other form approved by the City Attorney. Failure to enter into the Contract with the City, including the submission of all required Bonds and insurance coverages, within ten calendar days after the date of the mailing of written notice of contract award to the Bidder, shall subject the Bid security to forfeiture to the extent provided by law.

LICENSES. Each Bidder shall possess a valid Class A Contracto r’s license issued by the California State Contractors License Board at the t ime of the Bid submission, unless this Project has any federal funding, in which case the successful Bidder must possess such a license at the time of Contract award.

RETENTION SUBSTITUTION. Five percent of any progress payment will be withhe ld as retention. In accordance with Public Contract Code Section 22300 and at the request and expense of the Contractor, securities equivalent to the amount withheld may be deposited with the City or with a State or federally chartered ban k as escrow agent, which shall then pay such moneys to the Contractor. Upon satisfactory complet ion of the Project, the securities shall be returned to the Contractor. Alternatively, the Contractor may request that the City make payments of earned retentions directly to an escrow agent at the Contractor’s expense. No such substitutions shall be accepted until all related documents are approved by the City Attorney.

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BIDDING PROCESS. The City reserves the right to reject any Bid or all Bids, and to waive any irregularities or informalities in any Bid or in the bidding, as deemed to be in its best interest.

By:

Katherine Doherty, City Engineer Date
8/17/2022
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INSTRUCTIONS TO BIDDERS

FORM OF BID. Bids shall be made on the Bid forms found herein. Bidders shall include all forms and fill in all blank spaces, including inserting “N/A” (for not applicable) where necessary.

The Bid Schedule, Subcontractor Designation Form, a nd acknowledgement of receipt of Addenda, if any, shall be submitted using only the online electronic forms through the City of Manhattan Beach Public Works Department Bid Opportu nities webpage link to the PlanetBids portal at https://www.manhattanbeach.gov/department s/public-works/bid-opportunities. Paper copies will not be accepted. The unit prices for ea ch Bid Item shall be properly entered in the online electronic Bid Schedule.

In addition, each Bidder must scan and submit the following documents with its electronic bid on the City’s Bid Forms.

1. Completed and Signed Contractor’s Statement

2. Completed References Form

3. Completed, Signed and Notarized Bid Bond

4. Signed and Notarized Noncollusion Declaration F orm

5. Evidence satisfactory to the City indicating th e capacity of the person(s) signing the Bid to bind the Bidder
Any Bid not accompanied by a Contractor’s Statement completed with all information required and bearing the signature of the Bidder’s duly authorized representative under penalty of perjury may be deemed non-responsive and rejected. If the City determines that any information provided by a Bidder in the Contractor’s Statement is false or misleading, or is so incomplete as to be false or misleading, the City may reject the Bid submitted by such Bidder as being non-responsive.

DELIVERY OF BIDS. The Bid shall be delivered by the time and date and to the place specified in the Notice Inviting Bids. No oral, faxed, emaile d, or telephonic Bids or alternatives will be considered. Bidders are solely responsible for ensuring that their Bids are received in proper time, and Bidders assume all risks arising out of their chosen means of delivery. Any Bid received after the Bid submission deadline shall be returned unopened. Bidders are invited to be present for Bid opening. Accepted Bids shall become the property of the City.

AMENDED BIDS. Unauthorized conditions, limitations or provisos attached to a Bid may cause the Bid to be deemed incomplete and non-responsive.

WITHDRAWAL OF BID. A Bid may be withdrawn without prejudice upon written request by the Bidder filed with the City Clerk before the Bid sub mission deadline. Bids must remain valid and shall not be subject to withdrawal for 90 Days after the Bid opening date.

BIDDER’S SECURITY. Each Bid shall be accompanied by cash, a certified or cashier’s check payable to the City, or a satisfactory Bid Bond in favor of the City executed by the Bidder as principal and an admitted surety insurer as Surety, in an amount not less than ten percent of the amount set forth in the Bid. The cash, check or Bid Bond shall be given as a guarantee that, if selected, the Bidder will execute the Contract in conformity with the Contract Documents, and will provide the evidence of insurance and furnish the specified Bonds, within ten calendar days after the date of delivery of the Contract Documents to t he Bidder. In case of the Bidder’s refusal or DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F 12100-0001\2654178v1.doc
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failure to do so, the City may award the Contract t o the next lowest responsible bidder, and the cash, check, or Bond (as applicable) of the lowest Bidder shall be forfeited to the City to the extent permitted by law. No Bid Bond will be accepted unle ss it conforms substantially to the form provided in these Contract Documents.

QUANTITIES APPROXIMATE. Any quantities shown in the Bid form or elsewhere h erein shall be considered as approximations listed to serve as a general indication of the amount of Work or materials to be performed or furnished, and as basi s for the Bid comparison. The City does not guarantee that the actual amounts required will cor respond with those shown. As deemed necessary or convenient, the City may increase or decrease the amount of any item or portion of Work or material to be performed or furnished or om it any such item or portion, in accordance with the Contract Documents.

ADDENDA. The City Engineer may, from time to time, issue Addenda to the Contract Documents.

The City shall post all documents to the City’s website at https://www.manhattanbeach.gov . The Addenda may also be posted to PlanetBids at
https://www.manhattanbeach.gov/departments/public-works/bid-opportunities . Bidders are responsible for ensuring that they have received an y and all Addenda. It is the Bidder’s responsibility to actively check PlanetBids and/or the City’s website for Addenda or bulletin updates. Each Bidder is responsible for verifying that it has received all Addenda issued. Bidders must acknowledge receipt of all Addenda, if any, us ing the Addenda Acknowledgement Form included in these Bid Documents. Failure to acknowl edge receipt of all Addenda may cause a Bid to be deemed incomplete and non-responsive.

DISCREPANCIES IN BIDS. Each Bidder shall set forth as to each item of Work, in clearly legible words and figures, a unit or line item Bid amount f or the item in the respective spaces provided for this purpose.

In case of discrepancy between the unit price and the extended amount set forth for the item, the unit price shall prevail. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or if the unit price is the same amount as the entry in the “extended amount” column, then the amount set forth in the “extended amount” column for the item shall prevail in accordance with the following:

(1) As to lump sum items, the amount set forth in t he “extended amount” column shall be the unit price.

(2) As to unit price items, the amount set forth in the “extended amount” column shall be divided by the estimated quantity for the item set forth in the Bid documents, and the price thus obtained shall be the unit price.

In case of discrepancy between words and figures, the words shall prevail.

COMPETENCY OF BIDDERS. In evaluating Bidder responsibility, consideration will be given not only to the financial standing, but also to the gen eral competency of the Bidder for the performance of the Project. Each Bidder shall set f orth in the designated area of the Bid form a statement of its experience. No Contract will be ex ecuted with a Bidder that is not licensed and registered with the DIR in accordance with State la w, and with any applicable specific licensing requirements specified in these Contract Documents. These licensing and registration requirements for Contractors shall also apply to all Subcontractors.

BIDDER’S EXAMINATION OF SITE AND CONTRACT DOCUMENTS . The Bidder, at its sole cost and expense, is required to carefully examine the Contract Documents and the Project site DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F 12100-0001\2654178v1.doc
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to become fully acquainted with the conditions affe cting the Work. The failure of a Bidder to receive or examine any of the Contract Documents or to inspect the site shall not relieve such Bidder from any obligation relating to the Bid, the Contract, or the Work required under the Contract Documents. The City assumes no responsibil ity or liability to any Bidder for, nor shall the City be bound by, any understandings, oral repr esentations or oral agreements of the City’s agents, employees or officers concerning the Contra ct Documents or the Work made prior to execution of the Contract. By submitting a Bid, Bid der represents: (1) that Bidder has read and understands the Contract Documents; (2) the Bid is made in compliance with the Contract Documents and is based upon the labor, materials, e quipment, and systems required by the Contract Documents; (3) that Bidder understands tha t all labor, materials, equipment, and systems to be furnished for the Work shall be furni shed for the prices bid; (4) that it has visited the Project site, familiarized itself with the loca l conditions under which the Work is to be performed; (5) that it is fully experienced, qualif ied and competent to perform the Work set forth in the Contract Documents; (6) that it shall not damage or endanger and shall preserve and protect adjacent properties; (7) that it is properly equipped, organized, and financed to perform the Work; (8) that it is properly permitted and licensed by t he California Contractors State Licensing Board to perform the Work; (9) that it has familiarized i tself with all conditions bearing upon transportation, disposal, handling, and storage of materials; (10) that it has familiarized itself with the availability of labor, water, electric power, a nd roads; (11) that it has familiarized itself with uncertainties of weather, or similar physical condi tions at the Project site; (12) that it has familiarized itself with the character of equipment and facilities needed preliminary to and during performance of the Work; (13) that it has familiarized itself with the staging and material storage constraints of the Project site and surrounding bui ldings and will confine its staging and storage operations to approved areas; and (14) that it will coordinate its construction activities with the other contractors performing work on the Project si te, if any, including, but not limited to, any separate contractor retained by the City.

No information derived from an inspection of record s or investigation will in any way relieve the Contractor from its obligations under the Contract Documents nor entitle the Contractor to any additional compensation. The Contractor shall not m ake any claim against the City based upon ignorance or misunderstanding of any condition of the Project site or of the requirements set forth in the Contract Documents. No claim for additional compensation will be allowed which is based on a lack of knowledge of the above items. Bidders assume all risks in connection with performance of the Work in accordance with the Cont ract Documents, regardless of actual conditions encountered, and waive and release the C ity with respect to any and all claims and liabilities in connection therewith, to the extent permitted by law.

The omission of any portion or item of Work from th e Bid that is reasonably inferable from the Contract Documents is not a basis for adjustment of the Contract Price or the Contract Time.

DISQUALIFICATION OF BIDDERS. No Person shall be allowed to make, file or be interested in more than one Bid for the Project. A Person that has submitted a sub-bid to a Bidder, or that has quoted prices of materials to a Bidder, is not thereby disqualified from submitting a sub-proposal or quoting prices to other Bidders or from making a prime Bid. If there is a reason to believe that collusion exists among the Bidders, all affected Bids will be rejected.

RETURN OF BID SECURITY. The successful Bidder’s Bid security shall be held until the Contract is executed. Bid security shall be returne d to the unsuccessful Bidders within a reasonable time, which in any case shall not exceed 90 Days after the successful Bidder has signed the Contract.

AWARD OF CONTRACT. The City reserves the right to reject any or all Bids or any parts thereof or to waive any irregularities or informalities in any Bid or in the bidding. The Contract award, if DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F 12100-0001\2654178v1.doc
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made, will be to the lowest responsible, responsive Bidder and is anticipated to occur within 90 calendar Days after the Bid opening. The Contract a ward may be made after that period if the selected Bidder has not given the City written notice of the withdrawal of its Bid.

DETERMINATION OF LOWEST BIDDER IF ADDITIVE OR DEDUCTIVE ITEMS. In accordance with Public Contract Code Section 20103.8, the lowest Bid shall be determined by comparing the total Bid price of all Base Bid Items and Additive Alternate Bid Items, using the Engineer’s estimate of quantities for the Work as set forth in the Bidder’s Proposal. The amount of the contract award will be based on the available budget for the proje ct. It may be only for the Base Bid or if the budget allows, include Additive Bid Items. In the e vent that any or all of the Alternate Bid Items are not awarded as part of the Contract, the City reserves the right to add any or all of the Alternate Bid Items by Change Order or Construction Change Directive at the prices set forth in the Bid.

TRENCHING. If the Project involves the construction of a pipel ine, sewer, sewage disposal system, boring and jacking pits, or similar trenches or open excavations, which are five feet deep or more, then each Bidder must submit, as a Bid ite m, adequate sheeting, shoring, and bracing, or an equivalent method, for the protection of life or limb, which shall conform to applicable safety orders. This final submission must be accepted by t he City in advance of excavation and must include a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from caving ground durin g the excavation Work. If such plan varies from the shoring system standards, the plan shall b e prepared by a registered civil or structural engineer.

LISTING SUBCONTRACTORS. Each Bidder shall submit a list of the proposed Subcontractors on the Project, as required by the Subletting and S ubcontracting Fair Practices Act (Public Contract Code Section 4100, et seq .).

WORK OF SUBCONTRACTORS. All Bidders are encouraged to disseminate all of th e Specifications, Drawings, and other Contract Documents to all persons or entities submitting sub- bids to the Bidder.

INELIGIBLE SUBCONTRACTORS. The successful Bidder is prohibited from performing Work on the Project with any Subcontractor who is ineligible to perform work on a public works project pursuant to Sections 1777.1 or 1777.7 of the Califo rnia Labor Code. By submitting a Bid, each Bidder certifies that it has investigated the eligi bility of each and every listed Subcontractor and has determined that none is ineligible to perform Work pursuant to the Labor Code.

EXECUTION OF CONTRACT. The selected Bidder shall execute the Contract in t he form included in these Contract Documents within ten cal endar days from the date of delivery of the Contract Documents to the Bidder. Additionally, the selected Bidder shall also secure all insurance and Bonds as herein specified, and provide copies to the City, within ten calendar days from the date of delivery of the Contract Documents to the Bidder. Failure or refusal to execute the Contract or to conform to any of the stipulated requirements shall be just cause for the annulment of the award and forfeiture of the Bidder’s security. In such event, the City may declare the Bidder’s security forfeited to the extent permitted by law, and the City may award the Contract to the next lowest responsible Bidder or may reject all bids.

SIGNATURES. The Bidder shall execute all documents requiring signatures, and shall cause to be notarized all documents that indicate such a req uirement. The Bidder shall provide evidence satisfactory to the City, such as an authenticated resolution of its board of directors or a power of attorney, indicating the capacity of the person(s) signing the Bid to bind the Bidder to the Bid and any Contract arising therefrom.

INSURANCE AND BONDS. The Contractor shall not begin Work until it has gi ven the City DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F 12100-0001\2654178v1.doc
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evidence of all required insurance coverage (includ ing all additional insured endorsements), a Bond guaranteeing the Contractor’s faithful performance of the Contract, and a Bond securing the payment of claims for labor and materials. Where a Contractor has entered into an agreement with a Professional Employment Organization (PEO) to pro vide human resources, workers' compensation insurance, or other benefits to the Co ntractor's employees, the Contractor must also submit the agreement with the PEO for review by the City.

TELEPHONES. Bidders are hereby notified that the City will not provide telephones for their use at the time of Bid submission.

INTERPRETATION OF CONTRACT DOCUMENTS. Any Bidder that is in doubt as to the intended meaning of any part of the Contract Docume nts, or that finds discrepancies in or omissions from the Contract Documents, may submit to the City Engineer a written request for an interpretation or correction not later than the date specified in the Notice Inviting Bids. Requests for clarification received after this date will be disregarded. Please indicate the Project and identification number in the request for clarificat ion. Telephonic requests will not be taken. Any interpretation or correction of the Contract Documents will be made only by a written Addendum.

No oral interpretation of any provision in the Contract Documents shall be binding.

TRADE NAMES OR EQUALS. Requests to substitute an equivalent item for a bra nd or trade name item must be made by written request submitted no later than ten calendar days after the award of contract. Requests received after this tim e shall not be considered. Requests shall clearly describe the product for which approval is requested, including all data necessary to demonstrate acceptability.

TAXES. Except as may be otherwise specifically provided he rein, 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 shall be paid by the Contractor . The Bidder shall calculate payment for all sales, unemployment, pension and other taxes imposed by federal, State, and local law and shall include these payments in computing the Bid.

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CHECKLIST

CHECKLIST FOR BIDDERS

The following information is required of all Bidders at the time of Bid submission:

Completed and Signed Bid Schedule, including cover sheet (page B-1)

Completed and Signed Contractor’s Statement
Completed References Form
Completed Subcontractor Designation Form

Completed, Signed and Notarized Bid Bond or Other Security Form Signed Noncollusion Declaration Form
Signed copies of all Addenda (if any)

Evidence satisfactory to the City indicating the capacity of the person(s) signing the Bid to bind the Bidder

Failure of the Bidder to provide all required information in a complete and accurate manner may cause the Bid to be considered non-responsive.

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BID

CITY OF MANHATTAN BEACH

MARINE AVENUE AT CEDAR AVENUE TRAFFIC SIGNAL AND INTERSECTION

IMPROVEMENT PROJECT
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF MANHATTAN BEACH:

The undersigned, as Bidder, declares that: (1) this Bid is made without collusion with any other person and that the only persons or parties interes ted as principals are those named herein; (2) the undersigned has carefully examined the Contract Documents (including all Addenda) and the Project site; and (3) the undersigned has inves tigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of Work to be performed, and the materials to be furnished. Furthermore, the undersigned agree s that submission of this Bid shall be conclusive evidence that such examination and investigation have been made and agrees, in the event the Contract be awarded to it, to execute the Contract with the City of Manhattan Beach to perform the Project in accordance with the Contract Documents in the time and manner therein prescribed, and to furnish or provide all materials , labor, tools, equipment, apparatus and other means necessary so to do, except as may otherwise be furnished or provided under the terms of the Contract Documents, for the following stated un it prices or lump-sum price as submitted on the Bid herein.

This Bid is made with the full knowledge of the kin d, quantity, and quality of the materials and Work required and, if it is accepted by the City, the Bidder shall enter into a Contract and furnish the bonds, insurance, and other documents as requir ed by the Contract Documents within ten calendar days after award of the Contract. The Bidd er agrees that failure to execute and return the Contract or the required faithful performance b ond, labor and materials payment bond, warranty bond, and insurance certificates to the Ci ty within the ten calendar day period shall be sufficient cause for the rescission of the award and forfeiture of the Bid Security to the City to the extent permitted by law.

Accompanying this Bid is cash, a cashier’s check, a certified check or a Bid Bond in an amount equal to at least ten percent of the total aggregat e Bid price based on the quantities shown and the unit prices quoted. The undersigned further agr ees that, should it be awarded the Contract and thereafter fail or refuse to execute the Contra ct and provide the required evidence of insurance and Bonds within ten calendar days after delivery of the Contract to the undersigned, then the cash, check or Bid Bond shall be forfeited to the City to the extent permitted by law.

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CITY OF MANHATTAN BEACH

BID SCHEDULE FOR

MARINE AVENUE AT CEDAR AVENUE TRAFFIC SIGNAL AND INTERSECTION

IMPROVEMENT PROJECT

Bidder’s Name:

Bidder’s Address:

To the Honorable Mayor and Members of the City Council:

In compliance with the Notice Inviting Bids, the un dersigned hereby agrees to execute the Contract to furnish all labor, materials, equipment and supplies for the Project in accordance with the Contract Documents to the satisfaction and unde r the direction of the City Engineer, at the following prices:

Base Bid Items as Follows:

BASE BID SCHEDULE:

ITEM
NO.

CODE

DESCRIPTION

UNIT ESTIMATED

QUANTITY
UNIT
PRICES

EXTENDED
AMOUNT
1 Mobilization (5%
maximum of Total
Bid Price)

1 N/A

$
2 Traffic Control w/ 2
CMS on Marine Ave.
(8
% maximum of Total
Bid Price)

1 N/A $
3 Best Management
Practice (5%
maximum of Total Bid
Price)

1 N/A $
4 Remove Existing
Median Island Nose.

20 $ $
5 Install New Curb for
Median Island Nose. SF 7 $ $
6 Install New AC
Pavement for Median
Island Nose.

SF 20 $ $
7 Furnish and Install
New Type 2070 ATC
Traffic Signal

1 $ $
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Controller with D4
Firmware
8 Furnish and Install
2010 ECL Conflict
Monitor.

1 $ $
9 Furnish and Install
Battery Backup
System (BBS),
Salvage Existing BBS
for the City future use.

EA 1
$ $
10 Furnish and Install
New 332 Signal
Controller Cabinet
Foundation Complete.

LS 1
N/A $
11 Rewire Intersection LS 1 N/A $
12 Furnish and Install
New 3"C LF 370 $ $
13 Furnish and Install
New 4"C LF 180 $ $
14 Furnish and Install
New #6 Pull Box EA 2 $ $
15 Furnish and Install
Video Detection
System
LS 1 N/A $
16 Furnish and Install 3-
Section Signal Head
Indication
EA 1 $ $
17 Furnish and Install 4-
Section Signal Head
Indication
EA 4 $ $
16 Furnish and Install
Audible Touchless
Pedestrian Push
Button
EA 6
$ $
18 Furnish and Install
CCTV Camera
Complete
EA 1 $ $
19 Remove and Salvage
Existing Cabinet,
Battery Backup
System and
Foundation
LS 1
$ $
DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F 12100-0001\2654178v1.doc
City of MB Form
B-4
20 Remove and Salvage
Existing Pedestrian
Signal Heads and
Mounting
EA 2
$ $
21 Remove and Salvage
Existing Pedestrian
Push Button
EA 8 $ $
22 Remove and Salvage
Existing Vehicle Head
and Mounting
EA 4 $ $
23 Remove All
Conflicting Striping

LF 2200 N/A $
24 Install Pavement
Marking
EA 6 $ $
25 Install White
Continental Crosswalk

SF 1150 $ $
26 Install Lane Line
Extension
LF 100 $ $
27 Install 4” Yellow Edge
Line
LF 32 $ $
28 Install 12” White Stop
Bar
LF 130 $ $
29 Install 8” Channelizing
Line
LF 160 $ $
30 Install Double Yellow
Line
LF 100 $ $
31 Replace Existing Sign
on Mast Arm
EA 1 $ $
32 Replace Existing
IISNS EA 3 $ $
33 Remove Sign and
Post EA 1 $ $
34 Furnish and Install
Sign and Post EA 2 $ $
35 Furnish and Install
Sign Panel EA 10 $ $
DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F 12100-0001\2654178v1.doc
City of MB Form
B-5

TOTAL BASE
BID
SCHEDULE:
$

NOTES:

1) In the CODE column (S) denotes a specialty item, (% ) denotes progress payments for that lump sum item will be allowed based on the percentage of completion in each pay period, and (C) denotes payments will be made after the completion of the lump sum item. See Subsection 9-2.1 of the General Provisions for details.

2) In the UNIT column (LS) denotes a lump sum item. See Section 9 of the General Provisions for details.

3) Estimated quantities are for the purpose of Bid com parison only; payments will be made on the basis of actual measurement of Work completed, except for lump sum (LS) items. For lump sum items, see Note 1. The Bid Price shall include, but not limited to, sales tax and all other applicable taxes and fees.

4) Items may be adjusted or deleted. Therefore, regard less of total actual volume (percentage) compared to estimated quantities, the unit prices provided above by the Bidder shall be applied to the final quantity when payment is calculated for these items. No adjustment in the unit prices will be allowed. The City reserves the right to not use any of the estimated quantities; and if this right is exercised, the Contractor will not be entitled to any additional compensation. Cost of all export of material shall be included in the above unit costs; no additional compensation will be granted for such expenses.

TOTAL BID PRICE IN DIGITS: $

TOTAL BID PRICE IN WORDS:

The undersigned certifies to have a minimum of three consecutive years of current experience in the type of Work related to the Project and that th is experience is in actual operation of the firm with permanent employees performing a part of the Work as distinct from a firm operating entirely by subcontracting all phases of the Work. The under signed also certifies to be properly licensed by the State as a contractor to perform this type of Work. The undersigned possesses California Contractor’s License

Number , Class , which expires on .

Signature: Title: Date:

Signature:

Title:

Date:

DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F City of Manhattan Beach
Marine Ave at Cedar Ave Traffic Signal and Intersection Improvement Project (E1269-22C), bidding on 10/06/2022 11:00 AM (PDT)

Page 1 of 6 ends

Printed 10/11/2022
PlanetBids, Inc.

Page 2 of 6 ends

Printed 10/11/2022
PlanetBids, Inc.

Page 4 of 6 ends

Printed 10/11/2022
PlanetBids, Inc.

Page 5 of 6 ends

Printed 10/11/2022
PlanetBids, Inc.

Page 6 of 6 ends

Printed 10/11/2022
PlanetBids, Inc.

NIA
Project 3 Name/Number CITYWIDE TRAFFIC SIGNAL PROJECT
Project Description FURNISH AND INSTALL VIDEO DETECTION AND COMMUNICATION EQUIPMENT Approximate Construction Dates From: 2 /2020 To: 9 /2021 Agency Name: CITY OF BEVERLY HILLS
Contact Person: MANU DHALIWAL Telephone: ( 31 O) 285-2452 Address: 345 FOOTHILL ROAD., BEVERLY HILLS, CA 90210
Original Contract Amount: $ 1,312,797.00 Final Contract Amount: $ 1,409,504.00 If final amount is different from original amount, please explain (change orders, extra work, etc.).

CHANGE ORDERS
Did you or any Subco�tor, file any claims against the Agency? Circle one: Yes �
Did the Agency file any claims against you? Circle one: Yes @ If you answered yes to either of the above two questions, please explain and indicate outcome of claims.

NIA
Project 4 Name/Number INTELLIGENT TRANSPORTATION SYSTEM - PHASE VI & VII

FURNISH AND INSTALL FIBER SPLICE CLOSURES AND FDU'S, FURNISH/INSTALL ETHERNET Project Description SWITCHES, BOSCH CCTV CAMERAS AND VIDEO MANAGEMENT SYSTEM, PERFORM SYSTEM

TESTING AND INTEGRATION
Approximate Construction Dates From: 712020 To _6_/2_0_2_2 ____ _ 12100-0001 \2654178v1 .doc
City of MB Form
8-10
DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F 12100-0001\2654178v1.doc
City of MB Form
B-13

DESIGNATION OF SUBCONTRACTORS
[Public Contract Code Section 4104]

MARINE AVENUE AT CEDAR AVENUE TRAFFIC SIGNAL AND INTERSECTION IMPROVEMENT PROJECT List all Subcontractors who will perform Work or la bor 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 subcontract to the Contractor, specially 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 of the Contractor’s total Bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of one per cent of the Contractor’s total Bid or $10,000.00, w hichever is greater. If all Subcontractors do not fit on this page, attach another page listing all information for all other Subcontractors.

Name under which
Subcontractor is
Licensed
and Registered
CSLB License
Number(s) and
Class(es)
DIR
Contractor
Registration
Number

Address and Phone Number

Type of Work
(e.g., Electrical)

Percentage of Total
Bid (e.g., 10%) *

*The percentage of the total Bid shall represent the “portion of the work” for the purposes of Public Contract Code Section 4104(b).

4.85%

4.08%

SIGNING AND

STRIPING
17 COMMERCIAL AVE
RIVERSIDE, CA 92507
(951) 682-1494
1000011750
991122
CAT TRACKING, INC.

ROADWORK
489 FAIRLANE WAY
COVINA, CA 91723
(626) 339-7000
1000012689
945955

HER-CON

CONSTRUCTION
SERVICES, INC.

CONTRACT

CITY OF MANHATTAN BEACH CONTRACT FOR

MARINE AVENUE AT CEDAR AVENUE TRAFFIC SIGNAL AND INTERSECTION

IMPROVEMENT PROJECT
THIS CONTRACT ("Contract") is made and entered this entered this 6 day of December 2022 ("Effective Date"), by and between the CITY OF MANHATTAN BEACH, a California municipal Corporation ("City") and CROSSTOWN ELECTRICAL & DATA, INC., a California corporation ("Contractor"). The Contractor's California State Contractor's license number is 756309.

In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:

1. Contract Documents. The Contract Documents consist of this Contract, the Notice Inviting Bids, Instructions to Bidders, Bid (including documentation accompanying the Bid and any post- Bid documentation submitted before the Notice of Award), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental Agreements. The Contract Documents are attached hereto and incorporated herein by reference.

2. Scope of Services. The Contractor shall perform and provide all materials, tools, equipment, labor, and services necessary to complete the Work in a good and workmanlike manner for the project identified as Marine Avenue at Cedar Avenue Traffic Signal and Intersection Improvement Project ("Project"), as described in the Contract Documents.

3. Compensation.

3.1 Contract Price and Basis for Payment . In consideration for the Contractor's full, complete, and timely performance of the Work required by the Contract Documents, the City shall pay the Contractor for the actual quantity of Work required under the Bid Items awarded by the City performed in accordance with the lump sum prices and unit prices for Bid Items, set forth in the Bidder's Proposal submitted with the Bid. The sum of the unit prices and lump sum prices for the Bid Items, awarded by the City is $311,963.00 ("Contract Price"). It is understood and agreed that the quantities set forth in the Bidder's Proposal for which unit prices are fixed are estimates only and that the City will pay and the Contractor will accept, as full payment for these items of work, the unit prices set forth in the Bidder's Proposal multiplied by the actual number of units performed, constructed, or completed as directed by the Engineer.

3.2 Payment Procedures . Based upon applications for payment submitted by the Contractor to the City, the City shall make payments to the Contractor in accordance with Section 7 of the Standard Specifications, as modified by Section 7 of the General Provisions.

4. Contract Time.

4.1 Initial Notice to Proceed . The City shall issue the "Notice to Proceed to Fulfill Preconstruction Requirements and Order Materials." The date specified in the Notice to Proceed to Fulfill Preconstruction Requirements and Order Materials constitutes the date of commencement of the Contract Time of 120 Working Days. The Contract Time includes the time necessary to fulfill preconstruction requirements, place the order for materials, and to complete construction of the Project (except as adjusted by subsequent Change Orders). 12100-0001\2654178v1.doc
City of MB Form
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DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F 12100-0001\2654178v1.doc
City of MB Form
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The Notice to Proceed to Fulfill Preconstruction Re quirements and Order Materials shall further specify that the Contractor must complete t he preconstruction requirements and order materials within 20 Working Days after the date of commencement of the Contract Time ; this duration is part of the Contract Time.

Preconstruction requirements include, but are not limited to, the following:

• Submitting and obtaining approval of Baseline Sche dule

• Submitting and obtaining approval of Traffic Contr ol Plans

• Submitting and obtaining approval of the Stormwate r Pollution Prevention Plan (SWPPP)/Water Pollution Control Plan (WPCP)

• Submitting and obtaining approval of critical requ ired submittals

• Installation of the approved Project Identificatio n Signs

• Obtaining approved Permits from all applicable age ncies

• Obtaining a Temporary Use Permit for a constructio n yard, if applicable

• Notifying all agencies, utilities, residents, etc. , as outlined in the Contract Documents

• Submitting and obtaining approval of a Project Sta ffing List with contact information and a Project Emergency Contact List.

4.2 Notice to Proceed with Construction. After all preconstruction requirements are met and materials have been ordered in accordance w ith the Notice to Proceed to Fulfill Preconstruction Requirements and Order Materials, t he City shall issue the “Notice to Proceed with Construction,” at which time the Contractor sh all diligently prosecute the Work, including corrective items of Work, day to day thereafter, within the remaining Contract Time.

5. Liquidated Damages for Delay and Control of Work .

5.1 Liquidated Damages. The Contractor and the City have agreed to liquidate damages pursuant to Section 6-9 of the General Provisions.

6. Early Completion.

6.1 City Not Liable for Contractor Failure to Achie ve Early Completion. While the Contractor may schedule completion of all of the Wo rk, or portions thereof, earlier than the Contract Time, the City is exempt from liability fo r and the Contractor will not be entitled to an adjustment of the Contract Sum or to any additional costs, damages, including, but not limited to, claims for extended general conditions costs, home office overhead, jobsite overhead, and management or administrative costs, or compensation whatsoever, for use of float time or for the Contractor’s inability to complete the Work earlier than the Contract Time for any reason whatsoever.

7. Work after Stop Work Notice. Any work completed by the Contractor after the issuance of a Stop Work Notice by the City shall be rejected and/or removed and replaced as specified in the applicable Section of the Special Provisions.

DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F 12100-0001\2654178v1.doc
City of MB Form
C-3

8. Antitrust Claims. In entering into this Contract , the Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec.§ 15) or under th e Cartwright Act (Business and Professions Code Section 16700 et seq .) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and bec ome effective at the time the City tenders final payment to the Contractor without further acknowledgment by the parties.

9. Prevailing Wages. The City and the Contractor ac knowledge that the Project is a public work to which prevailing wages apply.

10. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment o f compensation to its employees. In accordance with the provisions of Labor Code Sectio n 1861, by signing this Contract, the Contractor certifies as follows:

“I am aware of the provisions of Section 3700 of th e Labor Code which require every employer to be insured against liabil ity for workers’ compensation or to undertake self-insurance in acco rdance with the provisions of that Code, and I will comply with suc h provisions before commencing the performance of the Work of this Contract.”

11. Titles. The titles used in this Contract are fo r convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.

12. Authority. Any person executing this Contract o n behalf of the Contractor warrants and represents that he or she has the authority to exec ute this Contract on behalf of the Contractor and has the authority to bind the Contractor to the performance of its obligations hereunder.

13. Entire Agreement. This Contract, including the Contract Documents and any other documents incorporated herein by specific reference , represents the entire and integrated Contract between the City and the Contractor. This Contract supersedes all prior oral or written negotiations, representations or agreements. This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.

14. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.

IN WITNESS WHEREOF, the parties hereto have execute d this Contract the day and year first above written.

DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F CITY:

City of Manhattan Beach,
a California municipal corporation

By:

Name: Bruce Moe
Title: City Manager

ATTEST:

By:

Name: Liza Tamura
Title: City Clerk

APPROVED AS TO FORM:

By:

Name: Quinn M. Barrow
Title: City Attorney

APPROVED AS TO FISCAL IMPACT:

By:

Name: Steve S. Charelian
Title: Finance Director

APPROVED AS TO CONTENT:

By:

Name: Erick Lee
Title: Public Works Director
CONTRACTOR:

Crosstown Electrical & Data, Inc.,
a California corporation

By:

Name: David P. Heermance
Title: President

12100-0001\2654178v1.doc
City of MB Form
C-4
DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F 11/14/2022
11/14/2022
11/14/2022
11/21/2022

12100-0001\2654178v1.doc
City of MB Form
C-5
Bond No.

PAYMENT BOND
(LABOR AND MATERIALS)

KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Manhattan Beach (“City”), State of California, has awarded to

(“Principal”)
(Name and address of Contractor)

a contract (the “Contract”) for the Work described as follows:

MARINE AVENUE AT CEDAR AVENUE TRAFFIC SIGNAL AND INTERSECTION IMPROVEMENT PROJECT

WHEREAS, under the terms of the Contract, the Princ ipal is required before entering upon the performance of the Work, to file a good and suffici ent payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

NOW, THEREFORE, we, the undersigned Principal, and

(Name and address of Surety)

(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contrac tors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Divis ion 4 of the Civil Code in the penal sum of Dollars
($ ), for materials furnished or labor thereon of a ny kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to fi le claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.

Upon expiration of the time within which the Califo rnia Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Secti on 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal an d its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F 12100-0001\2654178v1.doc
City of MB Form
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The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.

IN WITNESS WHEREOF, two identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate pa rty being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:

“Principal” “Surety”

Signature: Signature:

Print Name:

Title:

Date:

Print Name:

Title:

Date:

Signature:

Print Name:

Title:

Date:

(Seal)

NOTE: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of t he authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.

DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F 12100-0001\2654178v1.doc
City of MB Form
C-7

PERFORMANCE BOND
Bond No.

KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Manhattan Beach (“City”), has awarded to

(“Principal”)
(Name and address of Contractor)

a contract (the “Contract”) for the Work described as follows:

MARINE AVENUE AT CEDAR AVENUE TRAFFIC SIGNAL AND INTERSECTION IMPROVEMENT PROJECT

WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the undersigned Principal, and

,
(Name and address of Surety)

(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ),
this amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and trul y to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if t he hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the c ovenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in a ddition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing su ch obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby wa ives any statute of limitations as it applies to an action on this Bond.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be p erformed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F 12100-0001\2654178v1.doc
City of MB Form
C-8
Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

Dated:

“Principal” “Surety”

Signature:

Print Name:

Title:

Date:

Signature:

Print Name:

Title:

Date:

Signature:

Print Name:

Title:

Date:

(Seal)

DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F 12100-0001\2654178v1.doc
City of MB Form
C-9
Bond No.

WARRANTY BOND

KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Manhattan Beach (“City”), State of California, has awarded to

(“Principal”)
(Name and address of Contractor)

a contract (the “Contract”) for the Work described as follows:

MARINE AVENUE AT CEDAR AVENUE TRAFFIC SIGNAL AND INTERSECTION IMPROVEMENT PROJECT

WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work to file a good and sufficient warranty Bond with the City.

NOW, THEREFORE, we, the undersigned Principal, and

(Name and address of Surety)

(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ )
this amount being not less than 10% of the total Contract Price, lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if t he hereby bounded Principal, his, her or its heirs, executors, administrators, succes sors or assigns, shall remedy, without cost to the City, any defects which may develop during a period of one year from the date of completion and acceptance of the work performed under the Cont ract, caused by defective or inferior materials or workmanship, and shall indemnify, defe nd and hold harmless the City, its officers, agents, and employees for any and all claims, deman ds, causes of action, damages, injuries, liabilities, losses, costs or expenses, including a ttorneys’ fees and costs of defense, which arise out of, pertain to, or relate to such defects or to the Principal’s actions or inactions in remedying such defects, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

In case suit is brought upon this bond, Surety further agrees to pay, in addition to the Penal Sum, all costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

FURTHER, Surety hereby waives the provisions of California Civil Code sections 2845 and 2849.

The City is the principal beneficiary of this bond and has all rights of a party hereto.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be p erformed thereunder or the specifications DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F 12100-0001\2654178v1.doc
City of MB Form
C-10
accompanying the same shall in anywise affect its o bligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications.

Dated:

“Principal” “Surety”

Signature:

Print Name:

Title:

Date:

Signature:

Print Name:

Title:

Date:

Signature:

Print Name:

Title:

Date:

(Seal)

NOTE: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached . DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.

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C-11

CHECKLIST FOR EXECUTION OF CONTRACT

TO BE SUBMITTED BY SUCCESSFUL BIDDER:

Two executed copies of the Contract

Completed, signed and notarized Payment Bond (original) in amount of the Contract

Completed, signed and notarized Performance Bond (original) in amount of the Contract

Completed, signed and notarized Warranty Bond (original) in the amount of 10% of the Contract

Workers’ Compensation Certificate with attached Certificate of Insurance General Liability insurance certificate naming the City as a co-insured Automobile insurance naming the City as a co-insured
Umbrella/Excess Liability (General aggregate) insurance certificate naming the City as a co-insured, if applicable

Additional insured endorsement – comprehensive general liability Additional insured endorsement – automobile liability
Additional insured endorsement – excess liability

Primary and Non-Contributory Endorsement- General Liability Policy Waiver of Subrogation - general liability
Waiver of Subrogation - Worker’s Compensation

ALL SUBMITTALS WILL BE RETAINED BY CITY, EXCEPT FOR ONE COPY OF THE

FULLY EXECUTED CONTRACT
DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F 12100-0001\2654178v1.doc
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1-1
PART 1 - GENERAL PROVISIONS
SECTION 0. GENERAL PROVISIONS DEFINED
0-1 STANDARD SPECIFICATIONS

The 2021 edition of “Standard Specifications for Public Works Construction”, as amended by the Contract Documents, is incorporated into the Contra ct Documents by this reference. The Work described herein shall be done in accordance with the provisions of the Standard Specifications, as amended by the Contract Documents.

0-2 NUMBERING OF SECTIONS

The number of sections and subsections in these Gen eral Provisions are compatible with the numbering in the Standard Specifications. Subsections of architectural and/or other work may be numbered according to the Construction Specifications Institute (CSI) format.

0-3 SUPPLEMENTATION OF STANDARD SPECIFICATIONS

The Sections that follow supplement, but do not replace, the corresponding provisions in Party 1 (General Provisions) of the Standard Specifications, except as otherwise indicated herein. In the event of any conflict between the Standard Specific ations and these General Provisions, these General Provisions shall control.

SECTION 1. GENERAL, TERMS, DEFINITIONS, ABBREVIATIO NS, UNITS OF MEASURE,

AND SYMBOLS

The provisions below shall supplement, but not repl ace, those provisions in Section 1 of the Standard Specifications.

1-2 TERMS AND DEFINITIONS

Whenever in the Standard Specifications or in the C ontract Documents the following terms are used, they shall be understood to mean the following:

Agency – The City of Manhattan Beach.

Applicable Law – All State, federal, and local laws, statutes, ordinances, codes, rules, and regulations governing the Work.

Bid Item – An item of Work listed on the Bid Schedule.

Board – The City Council of the City of Manhattan Beach.

City – The City of Manhattan Beach
City Council – The City Council of the City of Manhattan Beach Contract Documents – As defined in Section 1 of the Contract.

Contract Time – The number of Working Days stated in the Contract for the completion of the Work.

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County – County of Los Angeles, California

Detour – A temporary route for traffic (vehicular or pedestrian) around a closed portion of a road or travel way.

Engineer – The City Engineer, acting either directl y or through properly authorized agents. Such agents shall act within the scope of t he particular duties entrusted to them.

Estimated Quantities – The quantities of Work anticipated to be performed, as set forth in the Bid Schedule, designated as units or a lump sum.

Excavation – Any operation in which earth, rock, or other material in the ground is moved, removed, or otherwise displaced by means of tools, equipment, or explosives in any of the following ways: grading, trenching, d igging, ditching, drilling, augering, tunneling, scraping, cable or pipe plowing and driv ing, or any other way (Cal. Gov.

Code § 4216).

Final Acceptance- Acceptance of the Work by the City Council and direction to staff to cause recordation of the Notice of Completion, purs uant to Section 3-13.1 these General Provisions.

Inspector – An authorized representative of the Cit y, assigned by the City to make inspections of Work performed by or materials supplied by the Contractor.

Major Item of Work – A bid item amount that is at least 10% of the total contract award amount.

Minor Item of Work – A bid item amount that is less than 10% of the total contract award amount.

Notice of Completion – The notice authorized by Civil Code Section 9204.

Notice to Proceed or Notice to Proceed with Construction – A written notice issued by the City to the Contractor that authorizes the Contractor to perform the Work.

Notice to Proceed to Fulfill Preconstruction Requir ements and Order Materials – A written notice issued by the City to the Contractor that authorizes the Contractor to proceed with preconstruction requirements and the a cquisition or purchase of materials that are to be incorporated into the Work and establishes the date of commencement of the Contract Time.

Project – See Work.

Punch List – A list of items of Work to be completed or corrected by the Contractor in order to complete the Work as specified in the Contract Documents.

Shop Drawings – All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by the Contractor, a Subcon tractor, manufacturer, supplier, or distributor, which illustrate how specific porti ons of the Work shall be fabricated or installed.

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State – The State of California.

Submittal – Any drawing, calculation, specification , product data, samples, manuals, requests for substitutes, spare parts, photographs, survey data, traffic control plans, record drawings, bonds or similar items required to be submitted to the City under the terms of the Contract.

Traffic Engineer – The representative of the Engine er who is assigned traffic-related matters.

Work – The construction and services required by th e Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, services provided or to be provided by the Contract or to fulfill the Contractor’s obligations.

Working Day - Any calendar day except Saturdays, Su ndays, and the following holidays:

New Year’s Day ........................................... January 1

Martin Luther King, Jr. Day ........................... 3rd Monday in January

Presidents’ Day ............................................ 3rd Monday in February

Memorial Day ............................................... Last Monday in May

Independence Day ....................................... July 4

Labor Day .................................................... 1st Monday in September

Columbus Day .............................................. 2nd Monday in October

Veterans’ Day ............................................... November 11

Thanksgiving ................................................ 4th Thursday in November

Friday after Thanksgiving ............................. 4th Friday in November

Christmas Day .............................................. December 25

If a holiday falls upon a Sunday, the following Monday shall be the day the holiday is observed, and if a holiday falls upon a Saturday , the preceding Friday shall be the day the holiday is observed.

Work Directive – A unilateral written order issued by the City directing the Contractor to continue performance of the Work or a disputed item of Work pending resolution of a claim or dispute concerning the scope of Work.

1-3 ABBREVIATIONS
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1-3.3 Institutions

The institutions listed in Section 1-3.3 of the Sta ndard Specifications shall be supplemented by the list below:

Abbreviation Word or Words
AAN ............................................... ..................................... American Association of Nurserymen AGCA ........................................................................ Associated General Contractors of America APWA ................................................................................... American Public Works Association CRSI ..................................................................................... Concrete Reinforcing Steel Institute CSI ........................................................................................ Construction Specifications Institute NEC .................................................................................................. ......... National Electric Code NFPA .................................................................................... National Fire Protection Association SSS ............................................................................ State of California Standard Specifications, Latest edition, Department of Transportation
SSP ........................................................................................ State of California Standard Plans, Latest edition, Department of Transportation

1-7 AWARD AND EXECUTION OF THE CONTRACT

1-7.2. Contract Bonds. The following paragraphs shall be added following the seventh paragraph :

The Faithful Performance Bond shall remain in force until the date of recordation of the Notice of Completion. The Labor and Materials Bond shall remain in force until expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its Subcontractors, or both t he principal and its Subcontractors pursuant to Labor Code Section 1741, and until the expiration o f the time within which a joint labor management committee may commence an action against the principal, any of its Subcontractors, or both the principal and its Subco ntractors pursuant to Labor Code Section 1771.2.

The warranty or maintenance Bond shall be valid for one year from the date of recordation of Notice of Completion by the County Recorder, in the amount of ten percent of the Contract Price.

Other than the details listed herein, the warranty or maintenance Bond shall adhere to the requirements for Bonds in Section 1-7.2 of the Stan dard Specifications. Nothing herein shall abridge or amend Section3-13.3 of the Standard Specifications or the related provisions in these Contract Documents.

All Bonds must be submitted using the required forms, which are in the Contract Documents, or on any other form approved by the City Attorney.

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SECTION 2. SCOPE OF THE WORK

The provisions below shall supplement but not repla ce those provisions in Section 2 of the Standard Specifications, unless specifically noted below.

2-1 WORK TO BE DONE

The following paragraphs shall be added at the end of Subsection 2-1:

All work which is defective in its construction or deficient in any of the requirements of the Plans and Specifications shall be remedied or remov ed and replaced by the Contractor in an acceptable manner at his own expense. No compensati on will be allowed for any work done beyond the lines and grades shown on the Plans or established by the Engineer. Upon failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this article, the Engineer and the City may cause t he defective work to be remedied or removed and replaced at the expense of the Contractor.

Any unauthorized or defective work, defective mater ial or workmanship or any unfaithful or imperfect work that may be discovered before Final Acceptance of work by the Board shall be corrected immediately with no extra charge even though it may have been overlooked in previous inspections and estimates or may have been caused due to failure to inspect the work.

2-2 PERMITS

Before starting any construction work, the Contract or will be required to obtain all necessary permits from the City, which may include obtaining an encroachment permit for Work within the public right-of-way, as well as all other permits r equired from all other agencies. Should this Project require construction of trenches or excavat ions which are five feet or deeper and into which a person is required to descend, the Contractor shall obtain a Cal/OSHA permit and furnish the City with a copy before Work can commence on th is Project. The Contractor shall bear all cost for fees for all agencies except for the City’s permit fees.

The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. All City of Manhattan Beach permits required for the performanc e of the Contract shall be issued on a “no fee” basis.

2-4 COOPERATION AND COLLATERAL WORK

The Contractor shall be responsible for coordinatin g all Work with the City’s street sweeping, trash pick-up, and street maintenance con tractors, emergency services departments, utility companies’ crews, and others when necessary . Payment for conforming to these requirements shall be included in other items of Work, and no additional payment shall be made thereof.

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2-5 THE CONTRACTOR’S EQUIPMENT AND FACILITIES

The use of excessively loud equipment and warning s ignals shall be avoided, except in those cases required for the protection of personnel.

2-5.4 Haul Routes

Subsection 2-5.4 of the Standard Specifications shall be deleted and replaced as follows:

The Contractor must obtain the Engineer’s approval before using any haul routes.

Further detail requirements for haul traffic are delineated in the Special Provisions.

2-6 CHANGES REQUESTED BY THE CONTRACTOR

Add the following paragraph:
2-6.1 General

If the Contractor alleges that instructions issued after the date of the Contract will result in increases to the Contract Price or Contract Time, i f latent or unforeseen conditions require modification of the Contract Documents, or the Contractor otherwise becomes aware of the need for or desirability of a change in the Work, a Chan ge Order Proposal (“COP”) may be submitted to the City in writing, using the forms provided he rein in Subsection 2-7.1.1 of the General Provisions, and must specify the reasons for such change, including relevant circumstances and impacts on the construction schedule. The Contracto r may request additional compensation and/or time through a COP but not for instances that occurred more than ten calendar days prior to the COP. The Contractor’s failure to initiate a COP within such period shall be deemed a waiver of the right to adjustment of the Contract Price or the Contract Time for the alleged change, unless such waiver is prohibited under state law. Any COP that is approved by the City will be incorporated in a Change Order or Construction Change Directive. If the City determines that the Work in question is not a change, the City shall is sue a Work Directive, ordering the Contractor to proceed with the Work without delay. If the COP is denied but the Contractor believes that it does have merit, the Contractor may submit a claim to the City.

2-7 CHANGES INITIATED BY THE AGENCY

The City reserves the right, without notice to the Surety, to increase or decrease the quantity of any item or portion of the Work described in the Co ntract Documents or to alter or omit portions of the Work so described, as may be deemed necessary or expedient by the Engineer, without in any way making the Contract void. Such increases, a lterations or decreases of Work shall be considered and treated as though originally contrac ted for, and shall be subject to all the terms, conditions and provisions of the original Contract. The Contractor shall not claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease, alteration or omission of any kind of Work to be done.

2-7.1 General

Add the following paragraphs at the end of Subsection 2-7.1:

The City reserves the right to make changes in the Work, including the elimination of any Bid Item, after execution of the Contract and without invalidating the Contract by:

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A. Change Order approved by the City Council, City Manager, Public Works Director, or City Engineer (dollar value of approval authority for each as per City policy); or

B. Construction Change Directive approved by the Ci ty Council, City Manager, Public Works Director, or City Engineer (dollar value of approval authority for each as per City policy);

A change that causes the total value of all changes to exceed the Contract contingency amount established at the time of award of the Cont ract must be approved by the City Council.

No payments in excess of the original Contract Pric e will be made until a Change Order is approved in the normal course of business. The City may, at any time, without notice to the Contractor’s surety(ies), order changes in the Work within the general scope of the Contract. Such changes in the Work shall not relieve or release the surety(ies) of its (their) obligations under the Performance and Payment Bonds issued for the Project. Changes in the Work made pursuant to this Article 3 shall in no way release any guarantee or warranty provided by the Contractor.

The City may issue a Change Order Proposal Request (“COPR”), in writing, to the Contractor, describing a proposed change to the Work and requesting that the Contractor submit an itemized Change Order Proposal (“COP”) to the City. The Contractor shall submit the COP to the City Engineer, using the forms provided herein in Subsection 2-11.2 of these General Provisions, within ten calendar days after the City’s issuance of the COPR. If the Contractor fails to submit a COP within such period of time, it shall be presumed that the change described in the City’s COPR will not result in an increase to the Contract Price or Contract Time and the change shall be performed by the Contractor without such i ncreases. A COPR does not authorize the Contractor to commence performance of the changed work. The Contractor shall not perform any change until receipt of the City’s written approval. If the City approves the Contractor’s COP, the City shall issue a Change Order.

Whenever a change is pending, the Contractor shall notify the City if it is necessary to halt other Work in the area of the change that would be affected thereby, until such time as the change is authorized.

Any change to the Contract Price shall be in a sum mutually agreed to by the Contractor and the City. When the cost for Extra Work cannot b e agreed upon, the City will pay for Extra Work based on the accumulation of costs as provided for in Subsection 7-4, “Payment for Extra Work,” of the Standard Specifications and the General Provisions.

2-7.1.1 Change Order

A Change Order is a written instrument prepared by the City and signed by the City and the Contractor, stating their agreement upon all of the following:

A. The scope of the change in the Work;

B. The amount of the adjustment, if any, in the Con tract Price; and

C. The extent of the adjustment, if any, in the Con tract Time.

2-7.1.1.1 Accord and Satisfaction

The Contractor’s agreement on any Change Order shal l be a full compromise and settlement of all adjustments to the Contract Time and Contract Price, and compensation for any and all delay, extended or additional field and home office overhead, disruption, acceleration, inefficiencies, lost DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F 12100-0001\2654178v1.doc
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labor or equipment productivity, differing site con ditions, construction interferences, and other extraordinary or consequential damages (hereinafter called “Impacts”), including any ripple or cumulative effect of the Impacts on the overall Work under the Contract arising directly or indirectly from the performance of Work described in the Change Order. By execution of any Change Order, the Contractor agrees that the Change Order constitutes a complete accord and satisfaction with respect to all claims for schedule extension, Impacts, or any costs of whatsoever nature, character or kind arising out of or incidental to the Change Order. No action, conduct, omission, product failure, or course of dealing by the City shall act to waive, modify, change, or alter the requirement that Change Orders must be in writing, signed by th e City and the Contractor, and that such written Change Orders are the exclusive method for effectuating any change to the Contract Sum and/or Contract Time.

2-7.1.2 Construction Change Directive

A Construction Change Directive is a written order prepared and signed by the City, directing a change in the Work prior to the Contrac tor’s agreement on adjustment, if any, in the Contract Price or Contract Time, or both. The City may, by Construction Change Directive, without invalidating the Contract, order changes in the Wor k within the general scope of the Contract consisting of additions, deletions or other revisio ns, the Contract Price and Contract Time being adjusted accordingly. Upon receipt of a Constructio n Change Directive, the Contractor shall promptly proceed with the change in the Work involved. A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. The City’s form of Construction Change directive is provided in Subsection 2-11 of the General Provisions.

2-8 EXTRA WORK

Subsection 2-8 of the Standard Specifications shall be deleted and replaced as follows:

New and unforeseen work will be classified as Extra Work only when the Work is not covered and cannot be paid for under any of the various items or combination of items for which a Bid price appears on the Bid. The Contractor shal l not do any Extra Work except upon written order from the Engineer.

All Extra Work shall conform to the Plans and Specifications.

The Contractor shall furnish to the Engineer each Subcontractor’s signed and detailed estimate of the cost for labor, materials, and equipment, including the markup by such Subcontractor for overhead and profit for Work added or deducted to a Subcontractor’s scope of Work. The Contractor shall furnish to the Engineer the sub-Subcontractor’s signed detailed estimate of the cost for labor, materials, and equipment, including the markup by such sub- Subcontractor for overhead and profit for Work added or deducted to a sub-Subcontractor’s scope of Work. The Contractor shall furnish to the Engine er the vendor or supplier’s signed detailed estimate or quotation of the cost to the Contractor for Work added or deducted from a vendor or suppliers scope of Work.

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2-10 DISPUTED WORK

Delete Subsection 2-10 in its entirety and substitute the following:

In the event of disputed Work, the City shall have the right to unilaterally issue a written Work Directive; and the Contractor shall continue performance pending resolution of the dispute and shall maintain cost data described in Subsectio n 2-8 of the Standard Specifications and the General Provisions. The City’s form of Work Directi ve is provided in Subsection 2-11 of the General Provisions. Payment shall be made for such disputed Work as is later determined by negotiation between the parties or as is fixed by a court of law.

2-11 FORMS

Add Section 2-11 to incorporate the following forms, which appear in the succeeding pages. 2-11.1 Change Order Form
2-11.2 Change Order Proposal Forms

(a) Change Order Proposal Summary Report

(b) Labor Cost Report

(d) Material Cost Report

(e) Equipment Cost Report

(f) Special Forces/Services Cost Report
2-11.3 Construction Change Directive Form
2-11.4 Work Directive Form
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CITY OF MANHATTAN BEACH
Project No. xxx xxxx xx xx

CITY OF MANHATTAN BEACH

PUBLIC WORKS DEPARTMENT
Engineering Division
CONTRACT CHANGE ORDER NO. 1 (Final)
PROJECT NO.:

DESCRIPTION:

TO: Construction Company, Inc.

You are hereby instructed to comply with the follow ing changes from the Contract Plans and Specifications:

SUMMARY OF CHANGES
Description
(Detailed Explanation Attached)
Change in
Contract Price 1
Change in
Work Days

1. $0.00

2. Adjustment in Final Bid Quantities $0.00
Net Change in Contract Price and Work Days $0.00 1Deduction or decrease in Contract Price is denoted in parentheses.

The following change is hereby made a part of the C ontract Documents and shall be performed under the same terms and conditions as required by the original Contract Documents. Except as modified herein, the original Contract Documents an d all prior amendments shall remain in full force and effect and all of the terms of the Contra ct Documents are hereby incorporated in this Change Order.

SUMMARY OF ALL CHANGE ORDERS

ORIGINAL CONTRACT AMOUNT .............................. $000,000.00 CCO1 (FINAL) ........................................................................ $0.00 TOTAL ........................................................................ $000,000.00

SUMMARY OF WORKING DAYS

FIRST DAY OF WORK: ........................................................... Date CONTRACT WORKING DAYS ..................................................... X TIME EXTENSION: CCO 1 (Final) ..................... ......................... Y NEW TOTAL WORKING DAYS:............................................... X+Y LAST DAY OF WORK ..................................................... New Date DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F 12100-0001\2654178v1.doc
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CITY OF MANHATTAN BEACH
Project No. xxx xxxx xx xx

CHANGE ORDER DETAIL

Change Order No.: 1 (Final)
Project No.:

Description:

The changes or interpretations described and noted herein are hereby authorized. The signed original of this order is on file in the Department of Public Works. Shown as separate paragraphs:
(A) Reason for Change; (B) Description of Change; ( C) Change in Contract Costs; and (D) Change in Completion Date.

Item No. 1:

A. Reason for Change:

Due to conditions encountered during construction, modifications to the amount of Work were determined to be appropriate, and the changes were addressed by means of adjusting applicable contract quantities, as outlined below.

B. Description of Change:

ITEM DESCRIPTION UNIT UNIT
PRICE
BID OR

CURRENT

APPROVED
QTY
FINAL
QTY

CHANGE CHANGE
IN COST 1
New Item 0 0 0 0.00

1Deduction or decrease in Contract Price is denoted in parentheses.

C. Change in Contract Cost:

Add $0.00

D. Change in Completion Date:

Add Y Working Days

Item No. 2:

A. Reason for Change:

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B. Description of Change:

CITY OF MANHATTAN BEACH
Project No. xxx xxxx xx xx

ITEM DESCRIPTION UNIT UNIT
PRICE
BID OR

CURRENT

APPROVED
QTY
FINAL
QTY

CHANGE CHANGE
IN COST 1
New Item 0 0 0 0.00
1Deduction or decrease in Contract Price is denoted in parentheses.

C. Change in Contract Cost:

Add $0.00

D. Change in Completion Date:

No Change.

SIGNATURE PAGE TO FOLLOW:

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CITY OF MANHATTAN BEACH
Project No. xxx xxxx xx xx

The original Contract Price was ($0.00). Contract C hange Order No. 1 (Final) increased the Contract Price by ($0.00). The new Contract Price w ill be $00/100, resulting in an increase of approximately 0.00% to the original Contract.

The original Contract Time of X Working Days was ex tended by Y Working Days per Change Order No. 1 (Final). The last contract Working Day is new Date.

Ordered:

Public Works Director
Date:

Concurred by:

City Engineer

Date:

Concurred by:

Project Manager

Date:

Acceptance by the Contractor:

This Change Order is in full compromise and settlement of all adjustments to Contract Time and Contract Price, and compensation for any and all de lay, extended or additional field and home office overhead, disruption, acceleration, ineffici encies, lost labor or equipment productivity, differing site conditions, construction interferenc es and other extraordinary or consequential damages (hereinafter called “Impacts”), including any ripple or cumulative effect of these Impacts on the overall Work under the Contract arising directly or indirectly from the performance of Work described in this Change Order. By execution of thi s Change Order, the Contractor agrees that this Change Order constitutes a complete accord and satisfaction with respect to all claims for schedule extension, Impacts, or any costs of any na ture, character or kind arising out of or incidental to this Change Order.

Name: Date:

Title:

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CITY OF MANHATTAN BEACH
Project No. xxx xxxx xx xx

CHANGE ORDER PROPOSAL FORM

2-11.2(a) CONTRACT CHANGE ORDER PROPOSAL SUMMARY REPORT

General Contractor AMOUNT

1. Labor Cost ..................................... ................................................... .............. $

2. Material Cost .................................. ................................................... .............. $

3. Equipment Cost ................................. ................................................... .......... $

4. Special Forces/Services ........................ ................................................... ....... $

Subtotal Contractor Cost• ............................................................................ ............... $

5. Subcontractor/Sub-Subcontractor Name

Labor Cost ........................................ $

Material Cost ..................................... $

Equipment Cost ................................ $

Subtotal Subcontractor/Sub-Subcontractor Cost

6. Subcontractor/Sub-Subcontractor Name

Labor Cost ........................................ $

Material Cost ..................................... $

Equipment Cost ................................ $

Subtotal Subcontractor/Sub-Subcontractor Cost ........................................................ . $

TOTAL CONTRACT CHANGE ORDER COSTS ........................................................ $ Date
CCO Proposal No. Contractor
Item No. Location
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CITY OF MANHATTAN BEACH
Project No. xxx xxxx xx xx

CHANGE ORDER PROPOSAL FORM
2-11.2(b) LABOR COST REPORT Date

CLASSIFICATION AND NAME

HOURS
HOURLY
RATE

EXTENDED

AMOUNTS
Classification:

Name:

OT
REG
$
$
$
$
Classification:

Name:

OT
REG
$
$
$
$
Classification:

Name:

OT
REG
$
$
$
$
Classification:

Name:

OT
REG
$
$
$
$
Classification:

Name:

OT
REG
$
$
$
$
Classification:

Name:

OT
REG
$
$
$
$
TOTAL LABOR $

Overhead/profit 20%................................................................................... ............. $

Total labor/overhead/profit .......................................................................... ............. $

Subcontractor’s mark-up of total Sub-Subcontractor
labor/overhead/profit (if applicable) 5% ............................................................. ....... $

General contractor’s mark-up of total Subcontractor
or Sub-Subcontractor labor/overhead/profit (if applicable) 5% ................................. $

Total ................................................................................................ ........................ $ Date
CCO Proposal No. Contractor or Subcontractor
Item No. Location
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CITY OF MANHATTAN BEACH
Project No. xxx xxxx xx xx

CHANGE ORDER PROPOSAL FORM
2-11.2(c) LABOR RATES REPORT Date

CLASSIFICATION:

TAXABLE BASE: AMOUNT
Base Hourly Pay $
Vacation $
TOTAL TAXABLE BASE $

TAXES & INSURANCE PERCENT AMOUNT
Social Security Tax $
State Unemployment Tax $
Federal Unemployment Tax $
Workmen’s Compensation $
Liability & Umbrella Insurance $
TOTAL TAXES & INSURANCE $

FRINGE BENEFITS AMOUNT
Pension $
Health & Welfare $
Training $
Other Fringe Benefits $
TOTAL FRINGE BENEFITS $

AMOUNT $
Date
CCO Proposal No. Contractor or Subcontractor
Item No. Location
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CITY OF MANHATTAN BEACH
Project No. xxx xxxx xx xx

CHANGE ORDER PROPOSAL FORM
2-11.2(d) MATERIAL COST REPORT

INVOICE
NO.

DESCRIPTION

AMOUNT

1. Material $
Sales Tax (Prevailing Tax Rate) 9.50% $
Subtotal $

2. Material $
Sales Tax (Prevailing Tax Rate) 9.50% $
Subtotal $

3. Material $
Sales Tax (Prevailing Tax Rate) 9.50% $
Subtotal $

SUBTOTAL MATERIAL COST $

NOTE: An itemized list of materials, manufacturers, serial numbers, invoices, and other pertinent date shall be submitted along with the material cost report.

Overhead/profit 15%................................................................................... ............. $

Total material/overhead/profit ....................................................................... ........... $

Subcontractor’s mark-up of total Sub-Subcontractor
material/overhead/profit (if applicable) 5% .......................................................... ..... $

General contractor’s mark-up of total Subcontractor
or Sub-Subcontractor labor/overhead/profit (if applicable) 5% ................................. $

CITY OF MANHATTAN BEACH
Project No. xxx xxxx xx xx

CHANGE ORDER PROPOSAL FORM
2-11.2(e) EQUIPMENT COST REPORT

EQUIPMENT NO.
(Description, Type, Size)

HOURS

HOURLY RATE

EXTENDED

AMOUNTS

SUBTOTAL EQUIPMENT COST $

Overhead/profit 15%................................................................................... ............. $

Total equipment/overhead/profit ...................................................................... ........ $

Subcontractor’s mark-up of total Sub-Subcontractor
equipment/overhead/profit (if applicable) 5% ......................................................... .. $

General contractor’s mark-up of total Subcontractor
or Sub-Subcontractor equipment/overhead/profit (if applicable) 5% ......................... $

CITY OF MANHATTAN BEACH
Project No. xxx xxxx xx xx

CHANGE ORDER PROPOSAL FORM

2-11.2 (f) SPECIAL FORCES/SERVICES COST REPORT

INVOICE
NO.

DESCRIPTION

AMOUNT

1. $
$
Subtotal $

2. $
$
Subtotal $

3. $
$
Subtotal $

SUBTOTAL MATERIAL COST $

NOTE: An itemized list of materials, manufacturers, serial numbers, invoices, and other pertinent date shall be submitted along with the special forces/services cost report.

Overhead/profit 15%................................................................................... ............. $

Total Special Forces/Services/Overhead/Profit ................................................... $ Date
CCO Proposal No. Contractor or Subcontractor
Item No. Location
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2-11.3 CONSTRUCTION CHANGE DIRECTIVE

CITY OF MANHATTAN BEACH
Project No. xxx xxxx xx xx

Distribution to: CITY CONTRACTOR OTHER PROJECT MANAGER

PROJECT: DIRECTIVE NO.:

DATE:

CONTRACT DATE:

TO CONTRACTOR: CONTRACT FOR:

You are hereby directed to make the following change(s) to this Contract:

PROPOSED ADJUSTMENTS

1. The proposed basis of adjustment to the Contract Price is:
[ ] Lump Sum (increase) (decrease) of $
[ ] Unit Price of $ per
[ ] Daily time and materials records of actual costs plus a overhead and profit, as provided in Subsection 2-8, “Extra Work,” the Standard Speci fications and the General Provisions, [subject to a Not-To-Exceed Amount of $ ].\ [ ] as follows:

2. The Contract Time is proposed to (be adjusted) ( remain unchanged). The proposed adjustment, if any, is (an increase of days) (a d ecrease of days).

If the Contractor disagrees with the proposed adjustments, it must submit its own proposal within ten days of the date of this Construction Change Directive pursuant to Contract Documents or the proposed adjustment will become final and binding on the Contractor.

When signed by the City and received by the Contrac tor, this document becomes effective IMMEDIATELY as a Construction Change Directive (CCD), and the Contractor shall proceed with the change(s) described above.

Ordered:

Public Works Director
Date:

Concurred by:

City Engineer
Date:

Concurred by:

Project Manager
Date:

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2-11.4 WORK DIRECTIVE

CITY OF MANHATTAN BEACH
Project No. xxx xxxx xx xx

Distribution to: CITY CONTRACTOR FIELD OTHER PROJECT MANAGER

PROJECT: WORK DIRECTIVE NO.:

DATE:

CONTRACT DATE:

TO CONTRACTOR: CONTRACT FOR:

You are hereby directed to continue performance of the following Work, without delay, pending resolution of the dispute concerning such Work and maintain the cost data described in Subsection 2-8, “Extra Work,” of the Standard Specifications and the General Provisions to the Contract for the performance of such Work:

Neither the issuance of this Work Directive nor the requirement for the Contractor to maintain cost data constitutes approval by the City of a change i n the Work or modification of the Contract Documents.

Ordered:

Public Works Director
Date:

Concurred by:

City Engineer
Date:

Concurred by:

Project Manager
Date:

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SECTION 3. CONTROL OF THE WORK

3-1 ASSIGNMENT

Any purported assignment without written consent of the City shall be null, void, and of no effect, and the Contractor shall hold harmless, defend and indemnify the City and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from or relating to any unauthorized assignment.

If the City opts to consent to assignment, the City’s consent shall be contingent upon: (1) a letter from the Surety agreeing to the assignment and assigning all of the Bonds to the assignee without any reduction, or the assignee supplying all new Bo nds in the amounts originally required under the Contract Documents; and (2) the assignee supply ing all of the required insurance in the amounts required in the Contract Documents. Until t he Surety assigns all of the Bonds or the assignee supplies all of the new Bonds, and until t he assignee supplies all of the required insurance, an assignment otherwise consented to in writing by the City shall not be effective. Even if the City consents to assignment, no assignment shall relieve the Contractor of liability under the Contract.

3-3 SUBCONTRACTORS

3-3.1 Subcontractors. Add the following sections:

Subcontractors shall be listed by the Bidder in accordance with these specifications and must be properly licensed under the laws of the State of Ca lifornia for the type of work which they are to perform. Copies of all Subcontracts shall be made a vailable to the Engineer, upon request.

3-3.2 A Subcontractor whose prosecution of the work is not satisfactory shall be terminated immediately by the Contractor upon the receipt of a written notice by the Engineer. Subcontractors whose work was determined to be unsatisfactory shall not be allowed to perform any work on the job site.

3-5 INSPECTION

The Contractor shall arrange and pay for all off-si te inspection of the Work required by any ordinance or governing authorities. The Contractor shall also arrange and pay for other inspections, including tests in connection therewith, as may be assigned or required.

Add the following paragraphs:

3-5.1 Inspection

An inspector shall in no case act as foreman or per form other duties for the Contractor, nor interfere with the Contractor’s management of the Work. Any advice which an inspector may give the Contractor shall not be binding to the Eng ineer or to the City, or release the Contractor from fulfilling all the terms of the Contract.

No partial payment, inspection, taking possession o f, or other act made or done by the Engineer or the City with respect to the work prior to final completion and acceptance thereof shall affect or prejudice the right of the Engineer or the City to reject any defective work or material or to require the complete fulfillment of all the provisions of the Contract.

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If the Engineer deems it expedient and not in the b est interest of the City to correct work injured or done not in accordance with the Contract, the defective work may be accepted subject to an equitable deduction from the Contract Price w hich may be made therefor by the City upon certification from the Engineer.

Reexamination of any work may be ordered by the Engineer at any time prior to Final Acceptance and, if so ordered, the work must be uncovered by t he Contractor. If such work be found in accordance with the Contract, the City will pay the cost of reexamination and replacement. If such work be found defective or not in accordance with t he Contract, the Contractor shall pay such costs.

3-7 CONTRACT DOCUMENTS

3-7.1 General

All final locations determined in the field, and an y deviations from the Plans and Specifications, shall be marked in red on the control set to show the as-built conditions. This control set of Plans shall also be edited for all Addenda, Requests for Information, Change Orders, field changes not involving cost, and any other variation that occurr ed during construction. Upon completion of all Work, the Contractor shall return the control set to the Engineer. Final payment will not be made until this requirement is met.

Where a work feature is shown on the drawings or id entified in the Specifications but is not specifically indicated as an item in the Bid Schedu le, and there is no ambiguity regarding the requirement to construct, install, or construct and install that work feature, the Contractor is required to complete the work feature. All costs to the Contractor for constructing, installing, or both constructing and installing such a work feature shall be included in the Bid.

3-7.2 Precedence of the Contract Documents
The following shall replace Section 3-7.2:

With regard to Section 3-7.2 in the Standard Specif ications, the Special Provisions shall control over the General Provisions, and the Notice Inviting Bids and Instructions to Bidders (in that order) shall control over the Bid, such that the order of precedence shall be as follows:

1. Requirements of law.

2. Permits issued by regulatory agencies with juris diction.

3. Change Orders and Supplemental Agreements, which ever occurs last.

4. Contract.

5. Addenda.

6. Notice Inviting Bids.

7. Instructions to Bidders.

8. Bid/Proposal.

9. Special Provisions.

10. General Provisions.

11. Plans.

12. Standard Plans.

13. Standard Specifications.

14. Reference Specifications.

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3-8 SUBMITTALS.

3-8.1 General

The following paragraphs shall be added at the end of Subsection 3-8.1:

The Contractor shall, at its own expense, transmit to the Engineer for review and acceptance, working drawings, shop drawings, supporting informa tion, and/or other available instructive and descriptive information from the manufacturer, when and as required by the Plans or General Provisions or requested by the Engineer. Shop drawi ngs will not be required for standard items in common use for which adequate manufacturers’ lit erature is available unless otherwise required by the Engineer.

The Contractor shall consecutively number, thorough ly check, approve and sign each submittal and transmit the submittals to the Engineer for rev iew. In the event that certain submittals are submitted without the Contractor’s approval signature or are unacceptable to the City, they shall be rejected by the Engineer. The Contractor shall thereafter correct the submittals and resubmit.

In the event that in the process of development of the submittals it is discovered that there are defects and/or errors on the Plans that result in conflict between the Plans and the submittals, or if the submittals show variation from the Plans or other Contract Documents, the Contractor shall thoroughly describe and explain any defects and/or conflicts in its transmittal letter to the Engineer.

The Engineer’s review of the submittals will be for general design and arrangement only, and shall not relieve the Contractor from responsibility for errors of any sort in the submittals or of the responsibility for executing the work in accordance with the Contract Documents. The Contractor shall allow a minimum of 20 Working Days for review of submittals. The Contractor shall be solely responsible for the correctness of the submittals, for shop fits and field connections, and for the results obtained by use of such submittals. The Con tractor shall verify and be fully responsible for all dimensions and job-site conditions affecting the Work and shall be responsible for furnishing and installing the proper materials required by the Contract Documents.

The Contract Time will not be extended due to the failure of the Contractor to provide submittals as required by the Contract Documents in a timely manner.

3-9 SUBSURFACE DATA

The following paragraphs shall be added at the end of Subsection 3-9:

If the City or its consultants have made investigations of subsurface conditions in areas where the Work is to be performed, such investigations shall be deemed made only for the purpose of study and design. If a geotechnical or other report has b een prepared for the Project, the Contractor may inspect the records pertaining to such investig ations subject to and upon the conditions hereinafter set forth. The inspection of the record s shall be made in the office of the Engineer. It is the Contractor’s sole responsibility to determine whether such investigations exist, and the City makes no affirmative or negative representation concerning the existence of such investigations.

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The records of any such investigations are made ava ilable solely for the convenience of the Contractor. It is expressly understood and agreed t hat the City, the Engineer, their agents, consultants or employees assume no responsibility whatsoever with respect to the sufficiency or accuracy of any investigations, the records thereof , and the interpretations set forth therein. No warranty or guarantee is expressed or implied that the conditions indicated by any such investigations or records are representative of those existing in the Project area. The Contractor agrees to make such independent investigations and examination as necessary to be satisfied of the conditions to be encountered in the performance of the Work.

The Contractor represents that it has studied the P lans, Specifications and other Contract Documents, and all surveys and investigation reports of subsurface and latent physical conditions, has made such additional surveys and investigations as necessary for the performance of the Work at the Contract Price in accordance with the requirements of the Contract Documents, and that it has correlated the results of all such data with the requirements of the Contract Documents.

No claim of any kind shall be made or allowed for any error, omission or claimed error or omission, in whole or in part, of any geotechnical exploratio n or any other report or data furnished or not furnished by the City.

3-10 SURVEYING

The following paragraph shall be added before the first paragraph of Section 3-10.1:

The Contractor shall verify all dimensions on the d rawings and shall report to the City any discrepancies before proceeding with related Work. The Contractor shall perform all survey and layout Work per the benchmark information on the Pr oject Plans. All surveying Work must conform to the Professional Land Surveyors’ Act (Business and Professions Code Section 8700 et seq ). All Project surveying notes and “cut-sheets” are to be provided to the City after the completion of each surveying activity and all final surveying notes shall be provided before final payment to the Contractor.

The Contractor is responsible for hiring a Surveyor to set survey points to be used for re- establishments of disturbed monuments and submit Co rner Records to the County Surveyor.

Copy of the submitted Corner Records must be provided to the City prior to actual disturbance of the monuments. The Contractor shall also cause all disturbed survey monuments within the project work area to be re-established at the end o f the project. This also includes filing Corner Records and Record of Survey with the County Surveyor within 7 days of substantial completion of the construction work and submitting a copy to t he City of the filed paperwork receipt within 2 days of submission. The Contractor is required to p rovide a copy of the County Surveyor’s acceptance within 2 days of receipt from the County Surveyor.

Construction stakes shall be set and stationed by the Contractor at its expense. Unless otherwise indicated in the Special Provisions, surveying costs shall be included in the price of items bid. No separate payment will be made. Re-staking and repla cement of construction survey markers damaged as a result of the Work, vandalism, or accident shall be at the Contractor’s expense.

3-11 CONTRACT INFORMATION SIGNS

Section 3-11 of the Standard Specifications shall n ot be incorporated, and shall instead be replaced with the following:

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The names, addresses and specialties of the Contractor, Subcontractors, architects or engineers may not be displayed on any signage within the publ ic right-of-way. This signage prohibition includes advertising banners hung from truck beds or other equipment.

3-12 WORKSITE MAINTENANCE

The following paragraphs shall be added at the end of Section 3-12.1:

Clean-up shall be done as Work progresses at the end of each day and thoroughly before weekends. The Contractor shall not allow the Work s ite to become littered with trash and waste material, but shall maintain the same in a neat and orderly condition throughout the construction operation. Materials which need to be disposed shal l not be stored at the Project site, but shall be removed by the end of each Working Day. If the j ob site is not cleaned to the satisfaction of the Engineer, the cleaning will be done or contracted by the City and shall be back-charged to the Contractor and deducted from the Contract Price.

The Contractor shall make arrangements for storing its equipment and materials. The Contractor shall make its own arrangements for any necessary off-site storage or shop areas necessary for the proper execution of the Work. App roved areas within Work site may be used for temporary storage; however, the Contractor shall be responsible for obtaining any necessary permits from the City. In any case, the Contractor’ s equipment and personal vehicles of the Contractor’s employees shall not be parked on the traveled way or on any section where traffic is restricted at any time.

The Contractor shall deliver, handle, and store pro ducts in accordance with the manufacturer’s written recommendations and by metho ds and means that will prevent damage, deterioration, and loss including theft. Delivery s chedules shall be controlled to minimize long- term storage of products at the Project site and overcrowding of construction spaces. In particular, the Contractor shall provide delivery and installat ion coordination to ensure minimum holding or storage times for products recognized to be flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other sources of loss.

Storage shall be arranged to provide access for ins pection. The Contractor shall periodically inspect to ensure products are undamag ed and are maintained under required conditions.

The Contractor shall promptly remove from the vicinity of the completed Work, all rubbish, debris, unused materials, concrete forms, construction equipment, and temporary structures and facilities used during construction. Final Acceptan ce of the Work by the City will be withheld until the Contractor has satisfactorily complied with the foregoing requirements for final clean-up of the Project site.

All costs associated with the clean-up and storage required to complete the Project shall be the sole responsibility of the Contractor.

Pursuant to the provisions of Section 3-12 and Section 5-7 of the Standard Specifications and these General Provisions, the Contractor is responsible for Project site maintenance and for public convenience and safety. Payment for complian ce with these provisions is considered as included in the prices bid for other contract items.

The City, however, to maintain good public relation s, may deem it necessary to require special Project site maintenance, and public convenience and safety actions and work to be

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performed by the Contractor that are over and above those required by the provisions of Section 3-12 and Section 5-7 of the Standard Specifications and these General Provisions.

These actions and work shall be as directed by the Engineer in writing and payment for compliance therewith shall be on a cost plus basis for extra work per Section 7-4 of the Standard Specifications and applied against the not-to-excee d bid item for “Special Project Site Maintenance and Public Convenience and Safety.”

The first sentence of Section 3-12.4.2 shall not be incorporated, and shall instead be replaced with the following:

Construction materials and equipment shall not be s tored in streets, roads, or highways unless otherwise specified in the Special Provisions or approved by the Engineer.

3-13 COMPLETION, ACCEPTANCE AND WARRANTY

The Contractor shall complete all Work under the Co ntract within the stipulated Working Days from the Notice to Proceed, as stated in the Contra ct. The Contractor shall not be allowed to begin any construction activity at the site before the issuance of the Notice to Proceed. Between the period of the Notice of Award and Notice to Pro ceed, the Contractor shall process Shop Drawings and begin procuring equipment and materials.

3-13.2 Acceptance

The Project will not be considered complete and ready for City Council direction to staff regarding recordation of the Notice of Completion until all W ork required by the Contract Documents has been fully completed in compliance with the Contrac t Documents and all Applicable Laws including, but not limited to, correction or comple tion of all punch list items, the Work site is cleaned up in accordance with Section 3-12 of the S tandard Specifications, the General Provisions, and the Special Provisions, and all of the following items have been received by the Engineer:

1. A form of Notice of Completion, with all informa tion required by the California Civil Code;

2. All written guarantees, warranties, and special warranties if applicable;

3. All “as-builts” and record drawings;

4. Duly completed and executed forms of Conditional Waiver and Release On Final Payment from the Contractor, Subcontractors of any tier, su ppliers, and other person eligible to file stop notices in connection with the Work; and

5. Duplicate copies of all operating instructions a nd manufacturer’s operating catalogs and data, together with such field instructions as nece ssary to fully instruct City personnel in correct operation and maintenance procedures for all equipm ent installed listed under the electrical, air conditioning, heating, ventilating and other trades . This data and instructions shall be furnished for all equipment requiring periodic adjustments, maintenance or other operation procedures.

The Contractor shall allow at least seven Working D ays’ notice for final inspection. Such notice shall be submitted to the Engineer in writing.

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3-13.3 Warranty

For the purposes of the calculation of the start of the warranty period, the Work shall be deemed to be completed upon the date of recordation of the Notice of Completion. If that direction is contingent on the completion of any items remaining on a punchlist, the Work shall be deemed to be completed upon the date of the Engineer’s acceptance of the final item(s) on that punchlist.

The Contractor shall repair or replace defective materials and workmanship as required in Section 3-13.3 of the Standard Specification at its own exp ense. Additionally, the Contractor agrees to defend, indemnify and hold the City harmless from claims of any kind arising from damage, injury or death due to such defects.

The parties agree that no certificate given shall be conclusive evidence of the faithful performance of the Contract, either in whole or in part, and th at no payment shall be construed to be in acceptance of any defective Work or improper materials. Further, the certificate or final payment shall not terminate the Contractor’s obligations under the warranty herein. The Contractor agrees that payment of the amount due under the Contract a nd the adjustments and payments due for any Work done in accordance with any alterations of the same, shall release the City, the City Council and its officers and employees from any and all claims or liability on account of Work performed under the Contract or any alteration thereof.

SECTION 4. CONTROL OF MATERIALS

4-1 GENERAL

The provisions below shall supplement but not repla ce those provisions in Section 4-1 of the Standard Specifications.

The first paragraph of Section 4-1 is replaced with the following:

Wherever applicable, materials shall conform to the latest Standards of the American Society for Testing Materials. All workmanship in the fabrication, assembly and construction of materials and equipment shall be neat and workmanlike in every respect. All equipment offered shall be of the manufacturer’s latest design.

The Contractor and all Subcontractors, suppliers, and vendors shall guarantee that the Work will meet all requirements of this Contract as to the quality of materials, equipment, and workmanship.

4-1.1 Property Rights in Materials

Nothing in the Contract shall be construed as vesting in the Contractor any right, title, or interest in material used in the Work after it has been attached or affixed to the Work or the soil. All such material shall become the property of the City upon being so attached or affixed.

4-2 PROTECTION

Add the following at the end of Subsection 4-2:

Materials shall not be stored in the right-of-way u nless written permission is given by the Engineer.

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4-4 TESTING

Delete Subsection 4-4 in its entirety and substitute the following:

Unless otherwise called for in the Special or General Provisions, all testing of materials will be performed by the City in such number and at such locations as deemed necessary by the Engineer to ensure compliance with the Contract Documents. The cost of all testing that can be performed within 50 miles of the Project will be borne by the City. The cost of all testing that must be performed 50 miles or more from the Project will be borne by the Contractor. The cost of all re- testing will be borne by the Contractor, and the am ount due the City for the re-testing will be deducted from the Contract Price via Change Order.

The cost of rework material testing, overtime, travel and other related costs incurred by the City will be deducted from the Contract Price via Change Order.

4-6 TRADE NAMES

If the Contractor requests to substitute an equivalent item for a brand or trade name item, the burden of proof as to the comparative quality and suitability of alternative equipment or articles or materials shall be upon the Contractor, and the Contractor shall furnish, at its own expense, all information necessary or related thereto as required by the Engineer. All requests for substitution shall be submitted, together with all documentation necessary for the Engineer to determine equivalence, no later than ten calendar days after the award of the Contract, unless a different deadline is listed in the Special Provisions.

4-9 RECYCLING OF MATERIALS

Subsection 4-9 is hereby added to the Standard Specifications as follows:

4-9.1 Recycling of Asphalt Concrete, Portland Cement Concrete, Aggregate Base, and Green Waste are Required

The records of disposal, including scale tonnages, shall be furnished to the City on a monthly basis. Failure to comply with the requireme nts of this Section will result in delay of progress payment.

4-9.2 Contractor’s Obligation

The City is committed to a recycling program. If av ailable, it is the obligation of the Contractor, under the Contract, to recycle the waste material t hrough an approved recycling plant. Records and reports of waste recycle will be submitted to the City on a regular monthly basis.

The provisions below shall supplement but not replace the provisions in Section 5 of the Standard Specifications.

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SECTION 5 LEGAL RELATIONS AND RESPONSIBILITIES

5-3 LABOR

5-3.1.1 Public Work
The Contractor acknowledges that the Project is a “public work” as defined in Labor Code Section 1720 et seq . (“Chapter 1”), and that this Project is subject t o (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. The Contractor shall perform all Work on the Project as a public work. The Contractor sha ll comply with and be bound by all the terms, rules and regulations described in (a) and (b) as though set forth in full herein.

5-3.2.1 Copies of Wage Rates

Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Project are on file at City Hall and will be made available to any interested party on reques t. By initiating any Work on this Project, the Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and the Contractor shall post such rates at each job site covered by these Contract Documents.

5-3.2.2 Failure to Pay Prevailing Rates

The Contractor shall comply with and be bound by th e provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty paid to the City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in whic h the worker is employed for any public work done pursuant to these Contract Documents by the Contractor or by any Subcontractor.

5-3.2.3 Debarment or Suspension

The Contractor shall not perform Work with any Subc ontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or State law providing for the debarment of contractors from public works. The Contractor and Subcontractors shall not be debarred or suspended throughout the d uration of the Contract pursuant to Labor Code Section 1777.1 or any other federal or State law providing for the debarment of contractors from public works. If the Contractor or any Subcontractor becomes debarred or suspended during the duration of the Project, the Contractor shall immediately notify the City.

5-3.3 Payroll Records

The Contractor shall comply with and be bound by th e provisions of Labor Code Section 1776, which requires the Contractor and each Subcontracto r to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records. The Contractor has ten days in which to comply subsequent to receipt of a written notice requesting these records, or as a penalty to the City, the Contractor shall forfeit $100.00 for each Day, or portion ther eof, for each worker, until strict compliance is effectuated. Upon the request of the Division of La bor Standards Enforcement, these penalties shall be withheld from progress payments then due.

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5-3.4 Hours of Labor

The Contractor acknowledges that eight hours labor constitutes a legal day’s work. The Contractor shall comply with and be bound by Labor Code Section 1810. The Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty paid to the City, forfeit $25.00 for each worker employed in the performance of this Project by the Contractor or by any Subcontractor for each calendar day during which su ch worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of the Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

5-3.5 Apprentices

The following paragraph should be added at the end of Subsection 5-3.5:

The Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.6 and 1777.7 and California Code of Regulations Title 8, Section 200 et seq . concerning the employment of apprentices on public works projects. The Contractor shall be responsible for compliance with these Sections for all apprenticeable occupations. Before commencing Work on this Project, the Contractor shall provide the City with a copy of the information submitted to any applicable apprenticeship program. Within 60 Days a fter concluding Work, Contractor and each of its Subcontractors shall submit to the City a ve rified statement of the journeyman and apprentice hours performed under this Contract.

5-3.6 Registration with the DIR

Subsection 5-3.6 is hereby added to the Standard Specifications as follows:

In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or Subcontractor shall 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 performa nce of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5.

5-3.7 Compliance Monitoring and Posting Job Sites

Subsection 5-3.7 is hereby added to the Standard Specifications as follows:

This Project is subject to compliance monitoring an d enforcement by the DIR. The Contractor shall post job site notices, as prescribed by regulation.

5-3.8 Subcontractors

Subsection 5-3.8 is hereby added to the Standard Specifications as follows:

For every Subcontractor who will perform Work on the Project, the Contractor shall be responsible for such Subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F 12100-0001\2654178v1.doc
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and the Contractor shall include in the written Contract between it and each Subcontractor a copy of the provisions in this Section 5-3 of the Genera l Provisions and a requirement that each Subcontractor shall comply with those provisions. T he Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure Subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the Subcontractor and upon becoming aware of the failure of the Subcontractor to pay its workers the specified prevailing rate of wages. The Contractor shall diligently take corrective action to halt or rectify any failure.

5-3.9 Prevailing Wage Indemnity

Subsection 5-3.9 is hereby added to the Standard Specifications as follows:

To the maximum extent permitted by law, the Contrac tor shall indemnify, hold harmless and defend (at the Contractor’s expense with counsel reasonably acceptable to the City) the City, its officials, officers, employees, agents and independ ent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed in Section 5- 3 of the General Provisions by any Person (including the Contractor, its Subcontractors, and each of their officials, officers, employees and agents) in connection with any Work undertaken or in connection with the Contract Documents, including w ithout limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of the Contractor under this Section 5-3.9 shall survive expiration or termination of the Contract.

5-4 INSURANCE

The first paragraph of Section 5-4.1 of the Standard Specifications shall not be incorporated and shall instead be replaced with the following:

The Contractor shall provide and maintain insurance naming the City, its elected and appointed officials, officers, employees, attorneys , agents, designated volunteers, and independent contractors in the role of City officia ls as insureds or additional insureds regardless of any inconsistent statement in the pol icy or any subsequent endorsement whether liability is attributable to the Contractor or the City. The insurance provisions shall not be construed to limit the Contractor’s indemnity obligations contained in the Contract.

The City will not be liable for any accident, loss, or damage to the Work before completion, except as otherwise specified in Section 6-5.

The Contractor shall at all times during the term o f the Contract carry, maintain, and keep in full force and effect the insurance referenced in Sectio n 5-4 of the Standard Specifications, as modified below.

The following provisions are hereby added to Section 5-4.1 of the Standard Specifications:

5-4.1.1 Acceptability of Insurers.

The insurance policies required under this Section 5-4 shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self-insurance sh all not be considered to comply with the insurance requirements under this Section 5-4.

5-4.1.2 Additional Insured.

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The City, its elected and appointed officials, offi cers, employees, attorneys, agents, designated volunteers, and independent contractors in the role of City officials, shall be the insured or named as additional insureds covering the Work, regardless of any inconsistent statement in the policy or any subsequent endorsement, whether liability is attributable to the Contractor or the City. The commercial general and automobile liability policie s shall contain an endorsement naming City, its officers, employees, agents and volunteers as a dditional insureds. This provision shall also apply to any excess/umbrella liability policies.

5-4.1.3 Primary and Non-Contributing.

The insurance policies required under this Section 5-4 shall apply on a primary non-contributing basis in relation to any other insurance or self-in surance available to the City. Any insurance or self-insurance maintained by the City, its officers , employees, agents or volunteers, shall be in excess of the Contractor’s insurance and shall not contribute with it. This provision shall also apply to any excess/umbrella liability policies.

5-4.1.4 Contractor’s Waiver of Subrogation.

The insurance policies required under this Section 5-4 shall not prohibit the Contractor and the Contractor’s employees, agents or Subcontractors from waiving the right of subrogation prior to a loss. The Contractor hereby waives all rights of su brogation against the City.

5-4.1.5 Deductibles and Self-Insured Retentions.

Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, the Contractor shall either reduce o r eliminate the deductibles or self-insured retentions with respect to the City, or the Contractor shall procure a bond guaranteeing payment of losses and expenses.

5-4.1.6 Cancellations or Modifications to Coverage.

The Contractor shall not cancel, reduce or otherwis e modify the insurance policies required by this Section 5-4 during the term of the Contract. T he commercial general and automobile liability policies required under the Contract shall be endor sed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days’ prior written notice to the City. If any insurance policy required under this Section 5-4 is canceled or reduced in coverage or limits, the Contractor shall , within two business days of notice from the insurer, phone, fax or notify the City via certified mail, return receipt requested, of the cancellation of or changes to the policy

5-4.1.7 City Remedy for Noncompliance.

If the Contractor does not maintain the policies of insurance required under this Section 5-4 in full force and effect during the term of the Contract, or in the event any of the Contractor’s policies do not comply with the requirements under this Section 5-4, the City may either immediately terminate the Contract or, if insurance is available at a reasonable cost, the City may, but has no duty to, take out the necessary insurance and pay, at the Contractor’s expense, the premium thereon. The Contractor shall promptly reimburse the City for any premium paid by the City or the City may withhold amounts sufficient to pay the premiums from payments due to the Contractor. 5-4.1.8 Evidence of Insurance.

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At least two Working Days prior to the performance of Services under the Contract, the Contractor shall furnish the City’s Risk Manager with a certificate or certificates of insurance and all original endorsements (both of which must reference the same Policy number), evidencing and effecting the coverages required under Section 5-4 of the Sta ndard Specifications, as modified by this Section 5-4. The endorsements are subject to approv al by the City’s Risk Manager. The Contractor may provide complete, certified copies o f all required insurance policies to the City.

The Contractor shall provide proof to the City’s Ri sk Manager that insurance policies expiring during the term of the Contract have been renewed o r replaced with other policies providing at least the same coverage. The Contractor shall furni sh such proof at least two weeks prior to the expiration of the coverages.

The endorsements are to be signed by a person autho rized by that insurer to bind coverage on its behalf. The endorsements must specifically name the City of Manhattan Beach and its elected and appointed officials, officers, employees, attor neys, agents, designated volunteers, and independent contractors in the role of City officia ls as insureds or additional insureds. The Contractor shall maintain current insurance certifi cates and endorsements on file with the City’s Risk Manager at all times during the term of this C ontract. The City reserves the right to require complete, certified copies of all required insurance policies at any time.

Where the Contractor has entered into an agreement with a Professional Employment Organization (PEO) to provide human resources, work ers' compensation insurance, or other benefits to the Contractor's employees, the Contrac tor must also submit the agreement with the PEO. If the evidence of insurance submitted by the Contractor pursuant to this Section 5-4 evidences that the insurance is provided by the PEO, all such PEO-provided insurance coverages and indemnities must comply with the requirements o f these Contract Documents.

5-4.1.9 Indemnity Requirements not Limiting.

Procurement of insurance by the Contractor shall not be construed as a limitation of Contractor’s liability or as full performance of the Contractor’s duty to indemnify the City under Section 5-8 of the Contract.

5-4.1.10 Subcontractor Insurance Requirements.

The Contractor shall require each of its Subcontractors that perform Services under the Contract to maintain insurance coverage that meets all of the requirements of this Section -5-4.

5-4.1.11 Replacement Insurance

The Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage.

The Contractor agrees that if it does not keep the required insurance in full force and effect, and such insurance is available at a reasonable cost, the City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of the Contractor and the cost of such insurance may be deducted, at the option of the City, from payments due the Contractor. This shall be in addit ion to all other legal options available to the City to enforce the insurance requirements.

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5-4.1.12 Subcontractors

The Contractor shall ensure all Subcontractors and their employees are listed as additional insureds on all of the Contractor’s insurance.

The provisions below shall supplement but not replace those provisions in Sections 5-4.2, 5-4.3, and 5-4.4 of the Standard Specifications.

5-4.2 General Liability Insurance

Instead of the minimum limits listed in Section 5-4.2 of the Standard Specifications, the Contractor shall procure and at all times during the term of the Contract carry, maintain, and keep in full force and effect Commercial General Liability Insurance w ith a minimum limit of $2,000,000.00 per occurrence for bodily injury, personal injury and p roperty damage and a general aggregate limit of $2,000,000.00 per project or location. If the Co ntractor is a limited liability company, the commercial general liability coverage shall be amended so that the Contractor and its managers, affiliates, employees, agents and other persons nec essary or incidental to its operation are insureds.

5-4.3 Workers’ Compensation Insurance

Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If the Contractor has no employees while performing the Wo rk under the Contract, a Workers’ Compensation policy is not required, but the Contractor shall execute a declaration that it has no employees.

5-4.4 Automobile Insurance

Instead of the minimum limits listed in Section 5-4.4 of the Standard Specifications, the Contractor shall procure and at all times during the term of the Contract carry, maintain, and keep in full force and effect Automobile Liability Insurance for any o wned, non-owned or hired vehicle used in connection with the performance of the Contract wit h a combined single limit of $2,000,000.00 per accident for bodily injury and property damage. If the Contractor does not use any owned, non-owned or hired vehicles in the performance of t he Work under this Contract, the Contractor shall obtain a non-owned auto endorsement to the Co mmercial General Liability policy required by Subsection 5-4.2.

5-4.5 Insurance Requirements not Limiting

Subsection 5-4.5 is hereby added to the Standard Specifications as follows:

If the Contractor maintains broader coverage and/or higher limits than the minimums required above, the City requires and shall be entitled to t he broader coverage and/or the higher limits maintained by the Contractor. Any available insuran ce proceeds in excess of the specified minimum limits of insurance and coverage shall be a vailable to the City. No representation is made that the minimum insurance requirements of thi s Contract are sufficient to cover the obligations of the Contractor under this Contract.

5-7 SAFETY

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The provisions below shall supplement but not replace those provisions in Subsection 5-7 of the Standard Specifications.

5-7.8 Steel Plate Covers
5-7.8.1 General
The Contractor shall cover all openings, trenches and excavations at the end of each Work Day with steel plate covers.

5-8 INDEMNIFICATION

The following indemnity provisions shall supersede the indemnity in Section 5-4.1 of the Standard Specifications.

5-8.1 Contractor’s Duty.

To the fullest extent permitted by law, the Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify the City and its electe d officials, officers, attorneys, agents, employees, designated volunteers, successors, assig ns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of the Contractor, its off icers, agents, servants, employees, Subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that the Contractor shall bear the legal liability thereof) in the performance of the Contract, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of t he Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. The Contractor shall defend the Indemnitees in any action or actions filed in conne ction with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and ex penses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. The Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.

5-8.1.1 Taxes and Workers’ Compensation

The Contractor shall pay all required taxes on amounts paid to the Contractor under the Contract, and indemnify and hold the City harmless from any a nd all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by the Contract. The Contractor shall fully comply wit h the Workers’ Compensation law regarding the Contractor and the Contractor’s employees. The Contractor shall indemnify and hold the City harmless from any failure of the Contractor to comp ly with applicable Workers’ Compensation laws. The City may offset against the amount of any fees due to the Contractor under the Contract any amount due to the City from the Contractor as a result of the Contractor’s failure to promptly pay to the City any reimbursement or indemnification arising under this Subsection 5-8.1.1.

5-8.1.2 Subcontractor Indemnity Agreements

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The Contractor shall obtain executed indemnity agre ements with provisions identical to those in this Section 5-8 from each and every Subcontractor or any other person or entity involved by, for, with or on behalf of the Contractor in the performa nce of the Contract. If the Contractor fails to obtain such indemnity obligations, the Contractor s hall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of the Contractor’s Subcontractor, its officers, agents, servants, employees, Subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that the Con tractor’s Subcontractor shall bear the legal liability thereof) in the performance of the Contra ct, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.

5-8.2 Workers’ Compensation Acts not Limiting.

The Contractor’s indemnifications and obligations u nder this Section 5-8, or any other provision of the Contract, shall not be limited by the provisions of any Workers’ Compensation act or similar act. The Contractor expressly waives its statutory immunity under such statutes or laws as to the City, its officers, agents, employees and volunteers.

5-8.3 Insurance Requirements not Limiting.

The City does not, and shall not, waive any rights that it may possess against the Contractor because of the acceptance by the City, or the depos it with the City, of any insurance policy or certificate required pursuant to the Contract. The indemnities in this Section 5-8 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against the City.

5-8.4 Survival of Terms.

The Contractor’s indemnifications and obligations u nder this Section 5-8 shall survive the expiration or termination of the Contract.

5-8.5 Civil Code Exception.

Nothing in this Section 5-8 shall be construed to e ncompass Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code Section 2782(a) or the City’s active negligence to the limi ted extent that the underlying Contract Documents are subject to Civil Code Section 2782(b) , provided such sole negligence, willful misconduct or active negligence is determined by ag reement between the parties or by the findings of a court of competent jurisdiction.

5-8.6 Nonwaiver of Rights.

Indemnitees do not and shall not waive any rights t hat they may possess against the Contractor because the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to these Contract Doc uments. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. 5-8.7 Waiver of Right of Subrogation.

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The Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all Claims arising out of or incident to the activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent or subsequent active or passive negligence by Indemnitees.

SECTION 6. PROSECUTION AND PROGRESS OF THE WORK

The provisions below shall supplement but not repla ce those provisions in Section 6 of the Standard Specifications.

6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE W ORK

6-1.1 Construction Schedule

In addition to the construction schedule required p ursuant to Section 6-1.1 of the Standard Specifications after notification of the Contract award and before any start of the Project, as well as the revised construction schedule in advance of beginning revised operations, the Contractor shall submit an updated construction schedule with its mo nthly invoice every month. Progress payments shall be contingent upon the receipt of monthly updated construction schedules.

One week before the scheduled pre-construction meet ing, the Contractor must submit a construction schedule to the Engineer for review an d approval. The Contractor shall make revisions as required by the Engineer. The schedule must account for all subcontract work, as well as the work of the Contractor, submittals, coordination with the other contractors performing concurrent work and the Traffic Control Plan. The C ontractor shall update this Construction Schedule when directed by the Engineer, or when:

a. A Change Order significantly affects the Contrac t completion date or the sequence of construction approach or activities; or

b. The actual sequence of the Work, or the planned sequence of the Work, is changed and does not conform to the Contractor’s current accepted Project construction schedule.

6-1.1.1 Pre-Construction Conference

Subsection 6-1.1.1 is hereby added to the Standard Specifications as follows:

Approximately five Days before the commencement of Work at the site, a pre-construction conference will be held at the City and shall be attended by the Contractor’s Project manager, its on-site field superintendent, and any Subcontractor s that the Contractor deems appropriate.

Attendance by the Contractor and any Subcontractors designated is mandatory.

Contractor shall submit its 24-hour emergency telep hone numbers to the Engineer for approval a minimum of two Working Days before the p re-construction conference. Unless previously submitted to the Engineer, the Contractor shall bring to the pre-construction conference copies of each of the following:

1) Construction Schedule.
2) Procurement schedule of major equipment and mate rials and items requiring long lead time.
3) Shop drawing/sample submittal schedule.

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4) Preliminary schedule of values (lump sum price b reakdown) for progress payment purposes.
5) Written designation of the on-site field superin tendent and the Project manager. Both daytime and emergency telephone numbers shall be included in the written designation.

The purpose of the conference is to designate respo nsible personnel and establish a working relationship. The parties will discuss matt ers requiring coordination and establish procedures for handling such matters. The complete agenda will be furnished to the Contractor before the meeting date. The Contractor shall be prepared to discuss all of the items listed below. 1) The Contractor’s construction schedule.
2) Notification of local residents before starting any Work and keeping them informed throughout the Project.
3) Procedures for transmittal, review, and distribu tion of the Contractor’s submittals. 4) Processing applications for payment.
5) Maintaining record documents.
6) Critical Work sequencing.
7) Maintaining sewage service during construction, including proposed by-passes. 8) NPDES requirements, if any.
9) Field decisions and Change Orders.
10) Use of Project site, office and storage areas, security, housekeeping, and the City’s needs.
11) Major equipment deliveries and priorities.
12) Traffic control.
13) Any other item that the City representative sta tes is relevant to the meeting.

6-1.1.2 Weekly Progress Meetings

Subsection 6-1.1.2 is hereby added to the Standard Specifications as follows:

Progress meetings will be held each week during the course of the Project. The meeting location, day of the week and time of day will be mutually agreed to by the City and the Contractor.

The Contractor shall provide a two-week “look ahead ” schedule for each meeting. The construction manager will preside at these meetings and will prepare the meeting agenda, meeting minutes and will distribute minutes to all persons in attendance. As the Work progresses, if it is determined by agreement of the attendees, that weekly meetings are not necessary, the weekly progress meetings may be changed to bi-weekly progress meetings.

6-2 PROSECUTION OF THE WORK

Add the following as Section 6-2.1:

6-2.1 Excess Cost of City Personnel and Inspection Personnel

For any overtime or emergency work beyond a regular eight-hour day and for any work performed on Saturday, Sunday, or holidays, the cha rges for City personnel and City consultants/independent contractors, including insp ection, required on the job site shall be the responsibility of the Contractor and all costs ther efor shall be deducted from the payments due the Contractor. The cost of City personnel and City consultants/independent contractors shall be computed pursuant to the actual costs incurred by City, including but not limited to, overtime costs, fringe benefits, and overhead costs.

6-3 TIME OF COMPLETION
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6-3.2 Contract Time Accounting

Add the following at the end of Subsection 6-3.2:

The Contract Time for completion of the Work, including corrective items of Work, shall be in accordance with Section 4 of the Contract. Contr act Time extensions, when granted by the Engineer, will be in Working Days and in accordance with the Contract Documents, and will be set forth in writing via Change Order.

Add the following as Section 6-3.2.1:

6-3.2.1 Hours of Work

The Contractor shall not conduct any operations or perform any Work pertaining to the Project outside the working days and hours as defined in Section 10-8 Working Days and Hours.

In the event that the Contractor abuses the hours of work requirement, a written warning will follow.

After each additional warning, a $200.00 penalty will be deducted from the Contract amount.

6-4 DELAYS AND EXTENSIONS OF TIME

Add the following at the end of Subsection 6-4:

Unless otherwise agreed in writing, an adjustment t o the Contract time by reason of a Change Order shall be agreed to at the time the Cha nge Order is issued and accepted by the Contractor. If the Change Order does not reserve th e right of the parties, or either of them, to seek an adjustment to the Contract time, then the parties forever relinquish and waive such right and there shall be no further adjustments to the Contract time.

6-4.2 Extensions of Time

Add the following at the end of Subsection 6-4.2:

In the event it is deemed appropriate by the City t o extend the time for completion of the Work, any such extension shall not release any guarantee for the Work required by the Contract Documents, nor shall any such extension of time rel ieve or release the Sureties on the Bonds executed. In executing such Bonds, the Sureties sha ll be deemed to have expressly agreed to any such extensions of time. The amount of time allowed by an extension of time shall be limited to the period of the delay giving rise to the same as determined by the City. Notwithstanding any dispute which may arise in connection with a claim for adjustment of the Contract time, the Contractor shall promptly proceed with the Work.

6-4.3 Payment for Delays

Add the following at the end of Subsection 6-4.3:

Notwithstanding any other terms and conditions of the Contract Documents, the City shall have no obligation whatsoever to increase the Contract Price or extend the time for delays.

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that no payment of compensation of any kind shall b e made to the Contractor for damages or increased overhead costs caused by any delays in th e progress of the Contract, whether such delays are avoidable or unavoidable or caused by an y act or omission of the City or its agents.

Any accepted delay claim shall be fully compensated for by an extension of time to complete the performance of the Work.

This Section shall not apply to compensable delays caused solely by the City. If a compensable delay is caused solely by the City, the Contractor shall be entitled to a Change Order that: (1) extends the time for completion of the Contract by the amount of delay caused by the City; and (2) provides equitable adjustment, as determined by the City, to the Contractor.

6-6 SUSPENSION OF THE WORK

6-6.1 General

Add the following paragraph following paragraph at the end of Subsection 6-6.1:

In the event a suspension of work is ordered because of failure on the part of the Contractor to carry out orders given or to perform any provisions of the Work, such suspension of work shall not relieve the Contractor of its responsibility to complete the work within the time limit set forth herein and shall not be considered cause for extens ion of the time for completion, and further, such suspension of work shall not entitle the Contractor to any additional compensation.

6-8 TERMINATION OF THE CONTRACT FOR CONVENIENCE

In addition to the reasons for termination listed i n Section 6-8 of the Standard Specifications, which allow termination upon any written notice, the City may cancel the Contract for any other reason or for no reason upon 30 Days’ written notice. The rest of the procedure outlined in Section 6-8 shall apply to such situation, including the Contractor’s required immediate notification of Subcontractors and suppliers and the payment. In no event (including termination for impossibility or impracticability, due to conditions or events beyond the control of the City, for any other reason or for no reason) shall the total amount of money to Contractor exceed the amount which would have been paid to the Contractor for the full performance of the services described in the Contract.

Furthermore, some of the City’s projects are funded in whole or in part by funds other than the City’s General Fund. If this Project is funded by such external funds in whole or in part, or if those external funds are terminated or reduced at a ny time and for any reason or for no reason at all, and the City determines at its discretion t hat no other funding is available for continuation of this Project, the City will not be obligated to continue funding for the services contained in these Contract Documents and may terminate the Project im mediately. The City shall reimburse the Contractor for its work satisfactorily completed un til the termination date. In no event shall the total amount of money to the Contractor exceed the amount which the City has received in funding from its external source. The Special Provisions ma y include further details in this regard.

6-9 LIQUIDATED DAMAGES

For the purposes of the calculation of the start of the liquidated damages, the Work shall be deemed to be completed when the same has been co mpleted in accordance with the Plans and Specifications therefor and to the satisfaction of the Engineer, and the Engineer has certified such completion in accordance with Section 3-13.1 of the Standard Specifications. The liquidated DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F 12100-0001\2654178v1.doc
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damages value is hereby amended to be $1,000 per day.

SECTION 7. MEASUREMENT AND PAYMENT

The provisions below shall supplement but not replace those provisions in Section 7 of the Standard Specifications.

7-1 MEASUREMENT OF QUANTITIES OF UNIT PRICE WORK

7-1.1 General

Add the following at the end of Subsection 7-1.1:

All items of Work which are not designated on the Bid Schedule by the letters “F” or “LS” or words “Final” or “Lump Sum” shall have final pay quantities measured and paid for in accordance with the Standard Specifications and these General Provisions. 7-1.2 Methods of Measurement

Add the following at the end of Subsection 7-1.2:

The Contract Price shall constitute full compensati on for all labor, equipment, materials, tools and incidentals required to complete the Proj ect as outlined in these Contract Documents and as directed by the Engineer.

7-2 LUMP SUM WORK

Delete the first sentence of Subsection 7-2 and substitute the following:

Items of Work which are designated by the letters “ LS” or the words “Lump Sum” in the Estimated Quantities column of the Bid Schedule shall be paid for at the price indicated in the Bid, unless the dimensions of the Work, as shown on the Plans, are revised by the Engineer. If such dimensions are revised and such revisions result in an increase or decrease in the quantity of such Work, the final payment for the lump sum item will be revised in proportion to the change in dimensions authorized by Change Order.

Add the following at the end of Subsection 7-2:

The Contractor shall submit a Work item breakdown o f the Bid, described in the second paragraph of Subsection 7-2, “Lump Sum Work,” of th e Standard Specifications, within ten Working Days after award of the Contract and/or at any other time as required by the Engineer.

No guarantee is made regarding the amount of Work required to complete a lump sum item of Work.

7-2.1 Progress Payments for Lump Sum Items of Work

The word “Complete” in the Estimated Quantities col umn of the Bid Schedule for a lump sum item of Work shall mean that payment for that i tem will only be made after all Work for that item has been completed. The “%” symbol in the Estimated Quantities column of the Bid Schedule for a lump sum item of Work shall mean that progress payments for that item will be allowed based on the percentage of completion as determined by the Engineer in each pay period, typically every DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F 12100-0001\2654178v1.doc
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30 days. (See Subsection 7-3.2 of the Standard Specifications and these General Provisions.)

7-3 PAYMENT

7-3.1 General

Add the following at the end of Subsection 7-3.1:

In accordance with Public Contract Code Section 7107, if no claims have been filed and are still pending, the amount deducted from the final estimate and retained by the City will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be withheld for any other lawful purposes.

Whenever the Contractor is required to perform work or furnish equipment, labor, tools, and materials of any class for which no price is fixed in the proposal, it shall be understood that such work, equipment, labor, tools, and materials shall be provided without extra charge, allowance, or direct payment of any kind. The cost of performing such work or furnishing such equipment, labor, tools, and materials shall be included in the unit bid prices in the proposal most closely related to the work and no additional compensation will be made thereof.

If any portion of the work done or materials furnished under the Contract shall prove defective or not in accordance with the Specifications and Contr act drawings, and if the imperfection in the same is not of sufficient magnitude or importance to make the work dangerous or undesirable, the Engineer shall have the right and authority to retain the work instead of requiring it to be removed and reconstructed, but he shall make such deductions therefor in the payment due the Contractor as may be just and reasonable.

Delete the tenth paragraph of Subsection 7-3.1 and substitute the following:

Not later than 60 days from the date of Final Accep tance, the five percent deducted and retained from each progress estimate (see Subsectio n 7-3.2 of the Standard Specifications and these General Provisions) by the City will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained.

7-3.2 Partial and Final Payment

7-3.2.1 Monthly Closure Date and Invoice Date

Subsection 7-3.2.1 is hereby added to the Standard Specifications as follows:

The Contractor shall prepare and submit the form attached herewith (see Appendix I), or its own form in an identical format, to the Engineer for al l requests for progress payments for the work performed in accordance with the provisions of the Contract during the preceding month. The progress payment request shall be submitted monthly, and a maximum of one progress payment request may be submitted each month. The Contractor shall submit a Conditional Waiver and Release Form (Civil Code Section 8132) with the app licable monthly progress payment request.

Progress payment requests associated with work comp leted prior to June 30th (the end of the City’s fiscal year), must be submitted no later than July 30th.

7-3.2.2 Payments

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Subsection 7-3.2.2 is hereby added to the Standard Specifications as follows:

The City shall make payments within 30 Working Days after receipt of the Contractor’s undisputed and properly submitted payment request, including an updated construction schedule pursuant to Section 6-1.1 of the General Provisions. The City s hall return to the Contractor any payment request determined not to be a proper payment request as soon as practicable, but not later than seven Working Days after receipt, and shall explain in writing the reasons why the payment request is not proper. Acceptance by the Contractor of the payment made in accordance with the final estimate shall be a release to the City, its officers, agents, and employees excepting only claims against the City for any amount withheld by it at the time of such payment.

7-3.2.3 Retention

Subsection 7-3.2.3 is hereby added to the Standard Specifications as follows:

The City shall withhold not less than five percent from each progress payment. The City shall withhold not less than five percent of the Contract Price from the Final Payment Amount (defined in Section 7-3.2.4) until at least 35 days after re cordation of the Notice of Completion, or recordation of a notice of cessation, but not longe r then the period permitted by Public Contract Code Section 7107.

In addition to retained percentage and liquidated d amages, the City may withhold payments to the Contractor including for defective work not rem edied and other valid claims against the Contractor.

7-3.2.4 Final Invoice and Payment

Subsection 7-3.2.4 is hereby added to the Standard Specifications as follows:

Whenever the Contractor shall have completely perfo rmed the Contract in the opinion of the Engineer, the Contractor shall submit to the Engineer a written statement of the final quantities of Contract items in the form of the final invoice, which must have an identical format to the progress payment request form attached herewith (see Appendi x I). Upon receipt of the final payment request, the Engineer shall check the quantities in cluded therein and shall authorize a payment amount, which in the Engineer’s opinion shall be ju st and fair, covering the value of the total amount of Work done by the Contractor, less all previous payments and all amounts to be retained under the provisions of the Contract Documents (“Final Payment Amount”). The Contractor shall submit a Conditional Waiver and Release form (Civil Code Section 8136) with the Final Payment request. The Engineer shall then request that the City accept the Work and that the City Clerk be authorized to file, on behalf of the City in the office of the County Recorder, a Notice of Completion of the Work herein agreed to be done by the Contractor. In addition, the final payment will not be released until the Contractor returns the control s et of Plans and Specifications showing the redlined as-built conditions.

Final payment requests associated with work completed prior to June 30th (the end of the City’s fiscal year), must be submitted no later than July 30th.

7-3.2.5 Substitute Security

Subsection 7-3.2.5 is hereby added to the Standard Specifications as follows:

In accordance with Public Contract Code Section 223 00, the Contractor may request that it be DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F 12100-0001\2654178v1.doc
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permitted to substitute securities in lieu of havin g retention withheld by the City from progress payments when such payments become due or, in the alternative, the Contractor may request that the City make payments of earned retentions directly to an agreed upon designated escrow agent at the Contractor’s expense. If the Contractor selects either one of these alternatives, the following shall control.

7-3.2.5.1 Substitution of Securities for Performance Retention

Subsection 7-3.2.5.1 is hereby added to the Standard Specifications as follows:

At some reasonable time before any progress payment would otherwise be due and payable to the Contractor in the performance of Work under these Contract Documents, the Contractor may submit a request to the City in writing to permit t he substitution of retentions with securities equivalent to the amount estimated by the City (“es timated amount of retention”) to be withheld.

The Contractor shall deposit such securities with the City or may, in the alternative, deposit such securities in escrow with a State or federally chartered bank in California, as the escrow agent, at the Contractor’s expense. Such securities will be t he equivalent or greater in value of the estimated amount of retention. If the Contract is m odified by written Modifications or Change Orders or the Contractor otherwise becomes entitled to receive an amount more than the Contract Price at the time the securities are deposited, the Contractor shall, at the request of the City, deposit with the City or escrow agent, whichever is applicable, additional securities within a reasonable time so that the amount of securities on deposit with the City or escrow agent is equivalent or greater in value than the amount of retention the City would otherwise be entitled to withhold from progress payments due or to become due to the Contractor as the Work progresses.

The City shall withhold any retention amount that exceeds the security amount until the additional securities are deposited and, if the deposit is with an escrow agent, the City has confirmation from that escrow agent of the new total value of securities. Upon satisfactory completion of the Contract, which shall mean, among other things, that the City is not otherwise entitled to retain proceeds from progress payments as elsewhere provided in the Contract or under applicable law, the securities shall be returned to the Contractor. The City shall, within its sole discretion, determine whether the amount of the securities on deposit with the City or escrow agent is equal to or greater than the amount of estimated retention of progress payments that could otherwise be held by the City if the Contractor had not elected to substitute same with securities.

7-3.2.5.2 Deposit of Retention Proceeds with an Escrow Agent Subsection 7-3.2.5.2 is hereby added to the Standard Specifications as follows:

As an alternative to the substitution of securities, as provided above, or the City otherwise retaining and holding retention proceeds from progress paymen ts, the Contractor may request the City to make payments of retentions earned directly to an escrow agent with the same qualifications as required in Section 7-3.2.5.1 above and at the expe nse of the Contractor. At its sole expense, the Contractor may direct the investment of such retention payments into only such securities as mentioned in Section 7-3.2.5.3 below and shall be entitled to interest earned on such investments on the same terms provided for securities deposited by the Contractor. Upon satisfactory completion of the Contract, which shall mean when t he City would not otherwise be entitled to withhold retention proceeds from progress payments had the Contractor not elected to have such proceeds deposited into escrow, the Contractor shall be allowed to receive from the escrow agent all securities, interest and payments deposited into escrow pursuant to the terms of this Section.

The Contractor shall pay to each Subcontractor, not later than ten Days of receipt of payment, the respective amount of interest earned, net of costs attributed to retention withheld from each Subcontractor, on the amount withheld to ensure performance of the Contractor.

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7-3.2.5.3 Subcontractor Entitlement to Interest

Subsection 7-3.2.5.3 is hereby added to the Standard Specifications as follows:

If the Contractor elects to receive interest on any moneys withheld in retention by the City, then the Subcontractor shall receive the identical rate of i nterest received by the Contractor on any retention moneys withheld from the Subcontractor by the Contractor, less any actual pro rata costs associated with administering and calculating that interest. In the event that the interest rate is a fluctuating rate, the rate for the Subcon tractor shall be determined by calculating the interest rate paid during the time that retentions were withheld from the Subcontractor. If the Contractor elects to substitute securities in lieu of retention, then, by mutual consent of the Contractor and the Subcontractor, the Subcontractor may substitute securities in exchange for the release of moneys held in retention by the Cont ractor. The Contractor shall pay each Subcontractor, not later than ten Days after receipt of escrow moneys, the amount owed to each Subcontractor from the moneys plus the respective a mount of interest earned, net of costs attributed to the retention held from each Subcontr actor, on the amount of retention withheld to ensure performance of the Subcontractor.

7-3.2.5.4 Securities Eligible for Investment

Subsection 7-3.2.5.4 is hereby added to the Standard Specifications as follows:

Securities eligible for investment shall include th ose listed in Government Code Section 16430, bank or savings and loan certificates of deposit, i nterest-bearing demand deposit accounts, standby letters of credit, or any other security mu tually agreed upon between the Contractor and the City. The Contractor shall be the beneficial owner of any securities substituted for any monies withheld and shall receive any interest thereon.

7-3.2.5.5 Escrow Agreement for Security Deposits in Lieu of Retention

Subsection 7-3.2.5.5 is hereby added to the Standard Specifications as follows:

The escrow agreement that shall be used for the dep osit of securities in lieu of retention shall substantially conform to the form prescribed in Public Contract Code Section 22300(f).

7-3.2.5.6 Inconsistencies with Prevailing Statutory Requirements Subsection 7-3.2.5.6 is hereby added to the Standard Specifications as follows:

If there is any inconsistency between or differences in Public Contract Code Section 22300 and the terms of this provision, or any future amendments thereto, Section 22300 shall control.

7-3.5.2. Increases of More than 25 Percent

Delete Subsection 7-3.5.2 in its entirety and substitute the following:

Should the actual quantity of a Major Item of Work covered by a Contract Unit Price and constructed in conformance with the Plans and Speci fications exceed the Bid quantity by more than 25%, a Change Order will be issued and payment for the quantity in excess of 25% of the Bid quantity will be made on the basis of an adjustment to the Contract Unit price mutually agreed to by the City and the Contractor or pursuant to Subsection 7-3.7 “Agreed Prices.” DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F 12100-0001\2654178v1.doc
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For Minor Items of Work, the Contractor will be pai d using the Contract Unit Price, regardless of whether the actual quantity of the Mi nor Item of Work covered by a Contract Unit Price exceeds the bid quantity by more than 25%.

7-3.5.3 Decreases of More than 25 Percent

Delete Subsection 7-3.5.3 in its entirety and substitute the following:

Should the actual quantity of a Major Item of Work covered by a Contract Unit Price and constructed in conformance with the Plans and Speci fications be less than 75% of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, a Change Order shall be issued and payment shall be made on the basis of an adjustment to the Contract Unit Price mutually agreed to by the City and the Contractor, or pursuant to Subsection 7-3.7 “Agreed Prices”; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price.

For Minor Items of Work, the Contractor will be pai d using the Contract Unit Price, regardless of whether the actual quantity of the Minor Item of Work covered by a Contract Unit Price is less than 75% of the Bid quantity.

7-3.5.4 Changes for Items Not Covered by Unit Prices

Subsection 7-3.5.4 is hereby added to the Standard Specifications as follows:

Payment for any change for an Item of Work not covered by a Contract Unit Price shall be made pursuant to Subsection 7-4 “Payment for Extra Work. ”

7-4 PAYMENT FOR EXTRA WORK

7-4.1 General

Add the following at the end of Subsection 7-4.1

Any change in the Work for an Item of Work not cove red by a Contract Unit Price that involves both added and deleted Work shall be paid on the basis of the net total cost. The cost of deleted Work not covered by a Contract Unit Price shall be determined by the Engineer based on the schedule of lump sum prices submitted by the Contractor in accordance with Subsection 7-2, “Lump Sum Work,” of the Standard Specifications and the General Provisions.

7-4.2.1 Labor

Delete Subsection 7-4.2.1 in its entirety and substitute the following:

The cost of labor will be the actual cost for wages prevailing locally for each craft or type of worker (including foreman when authorized by the Engineer) performing the Extra Work at the time the Extra Work is done, plus liability insuran ce, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, as well as assessments or benefits required by lawful collective bargaining agreements.

To the actual wages, as defined above, will be adde d a labor surcharge set forth in the California Department of Transportation publication entitled “Labor Surcharge and Equipment DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F 12100-0001\2654178v1.doc
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Rental Rates” that is in effect on the date upon wh ich the Extra Work is performed. The labor surcharge shall constitute full compensation for al l payments imposed by State and federal laws and for all other payments made to, or on behalf of , the workers, other than actual wages, subsistence and travel paid to the workers. The lab or surcharge includes Workers’ Compensation, Social Security, Medicare, Federal Un employment, State Unemployment, and State Training taxes.

Except when direct supervision is provided by working foremen whose time is included in accordance with Subsection 7-4.2.2, the cost of direct supervision of Extra Work, when such direct supervision is provided exclusively for the Extra W ork and not in conjunction with or at the same time as supervision for other Work, and when approv ed in advance in writing by the Engineer, may be charged to the Extra Work. Such cost include s only the actual cost of supervision labor, plus payroll taxes, insurance, and pension costs. T he cost of transportation, use of vehicle, and other costs incurred by supervision will not be allowed.

7-4.2.2 Materials

Add the following to the end of Subsection 7-4.2.2:

If the Contractor does not furnish satisfactory evidence of the cost of the materials from the actual supplier thereof within 10 days following delivery of materials to the Work site, the Engineer reserves the right to establish the cost of the mat erials at the lowest current wholesale prices at which the materials were available, in the quantiti es concerned, delivered to the location of the Work site, less any discounts.

7-4.2.3 Tool and Equipment Rental

Delete Subsection 7-4.2.3 in its entirety and substitute the following:

No payment will be made for individual pieces of eq uipment or tools not listed in the California Department of Transportation publication entitled “Labor Surcharge and Equipment Rental Rates” that is in effect on the date upon which the Extra Work is performed and that have a replacement value of $200.00 or less, whether or not consumed by use. Such equipment or tools shall be considered to be small tools.

The Contractor will be paid for the use of equipmen t at the rental rates listed for such equipment in the Labor Surcharge and Equipment Rental Rates publication that is in effect on the date upon which the Extra Work is performed.

Move in and out, or minimum charges other than the hourly rate, shall not apply to equipment available from the force already on the Project site.

For equipment that is rented from a local equipment agency, the Contractor will be paid at the hourly rate shown on the rental agency invoice or agreement for the time the equipment is used on Extra Work. If a minimum equipment rental amount is required by the local equipment rental agency, the actual amount charged will be paid to the Contractor.

If it is deemed necessary by the Engineer to use eq uipment not listed in the Labor Surcharge and Equipment Rental Rates publication, a suitable rental rate for that equipment will be established by the Engineer. The Contractor may furnish any cost data that might assist the Engineer in the establishment of the rental rate. I f the rental rate established by the Engineer is $10.00 per hour or less, the provisions above conce rning rental of equipment from a local DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F 12100-0001\2654178v1.doc
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equipment agency shall apply.

Rental time will not be allowed while equipment is inoperative due to breakdowns.

When owner operated equipment is used to perform Ex tra Work to be paid on a force account basis, the Contractor will be paid for the equipment and operator as follows:

1. Payment for the equipment will be made at the re ntal rates listed for such equipment in the Labor Surcharge and Equipment Rental Rates publication that is in effect on the date upon which the Extra Work is performed.

2. Payment for the cost of labor will be made in co nformance with the provisions in Subsection 7-4.2.1 “Labor” of the General Provisions.

7-4.3 Markup

Delete Subsection 7-4.3 in its entirety and substitute the following:

The markup for overhead and profit on Extra Work shall be in accordance with the following schedule.

7-4.3.1 Work by Contractor.

The following percentages shall be added to the Con tractor’s costs and shall constitute the markup for all overhead and profit:
1) Labor .......................................... ............................................. 20% 2) Materials ...................................... ............................................ 15% 3) Equipment Rental ............................... ..................................... 15% 4) Other Items and Expenditures ................... ............................... 15% To the sum of the costs and markups provided for in this subsection, one percent shall be added as compensation for bonding.

7-4.3.2 Work by Subcontractor.

For Extra Work performed by a Subcontractor, the ma rkup established in Subsection 7-

4.3.1 of the General Provisions shall be applied to the Subcontractor’s costs. An additional five percent shall be added to the Subcontractor’s final cost, which shall reimburse the Contractor for administrative costs, including overhead and profit.
7-4.3.3 Work by Sub-Subcontractor.

Subsection 7-4.3.3 is hereby added to the Standard Specifications as follows:

For Extra Work performed by a sub-Subcontractor, the markup established in Subsection 7-4.3.1 of the General Provisions shall be applied to the sub-Subcontractor’s costs. An additional ten percent shall be added to the sub-Subcontractor ’s final cost, five percent of which shall reimburse the Contractor for administrative costs, including overhead and profit, and five percent of which shall reimburse the Subcontractor for administrative costs, including overhead and profit.

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7-4.3.4 Work by Specialist.

Subsection 7-4.3.4 is hereby added to the Standard Specifications as follows:

If the Engineer and the Contractor agree that a service or an item of Extra Work cannot be performed by the forces of the Contractor or those of any of its Subcontractors or sub- Subcontractors, such service or Extra Work item may be performed by a specialist. Invoices for such services or items of Extra Work calculated on the basis of current market prices may be accepted without complete itemization of labor, mat erial, and equipment rental costs when it is impracticable and not in accordance with the established practice of the special service industry to provide such complete itemization.

If the Contractor is required to perform Extra Work that requires a fabrication or matching process in a fabrication or machine shop facilities away from the Project site, the charges for that portion of the Extra Work performed in such facilit y may, by agreement between the Contractor and Engineer, be accepted as a specialist billing.

For Extra Work performed by a specialist, 15% shall be added to the specialist’s invoice price less a credit to the City for any cash or trade discount offered or available, whether or not such discount may have been taken; such percentage shall reimburse the Contractor for administrative costs, including overhead and profit.

7-4.3.5 Work not Covered by Unit Prices.

Subsection 7-4.3.5 is hereby added to the Standard Specifications as follows:

Markup for overhead and profit on any change in the Work for an Item of Work not covered by a Contract Unit Price that involves both added and deleted Work shall be paid, in accordance with this Subsection 7-4.3 of the General Provision s, only if the net cost increases the Contract Price (i.e., if the cost for added Work exceeds the cost for deleted Work).

7-4.4 Daily Reports by Contractor

Delete the first sentence of Subsection 7-4.4 and substitute the following:

The Contractor shall submit daily reports for Extra Work showing all labor, material, and equipment costs incurred.

Add the following at the end of Subsection 7-4.4:

The daily reports shall describe in detail the Extr a Work that was performed and the location (station, etc.). Separate daily reports shall be submitted for Extra Work that is performed for more than one location and for different tasks that are performed on the same day. Material charges shall be substantiated by valid copies of v endor’s invoices. Such invoices shall be submitted with the daily reports, or if not available, they shall be submitted with subsequent daily reports. The Contractor shall maintain the Contractor’s records in such a manner as to provide a clear accounting of the costs.

Upon completion of the Extra Work, the Contractor s hall submit a summary of costs, including markup for overhead and profit. All costs shall be in accordance with this Section 7-4 “Payment for Work.” The signature of the City’s Ins pector on a daily report shall indicate DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F 12100-0001\2654178v1.doc
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agreement with the information reflected therein, not that the Contractor is entitled to payment of the costs in the report. The Engineer shall review the daily reports. The Engineer shall compare the Inspector’s records with the completed daily reports furnished by the Contractor and make any necessary adjustments. When the daily reports are a greed upon and signed by both parties, these reports shall become the basis of payment for the Extra Work performed.

7-4.5 Extension of Time

Add the following as Subsection 7-4.5:

If the Contractor is delayed in completing the Extra Work due to a change ordered by the City, the time for completion of Work will be exten ded in accordance with Section 6-4 of these General Provisions.

7-6 AUDIT

The City or its representative shall have the option of inspecting and/or auditing all records and other written materials used by the Contractor in preparing its billings to the City as a condition precedent to any payment to the Contractor or in re sponse to a construction claim or a Public Records Act (Government Code Section 6250 et seq. ) request. The Contractor will promptly furnish documents requested by the City at no cost. Additionally, the Contractor shall be subject to State Auditor examination and audit at the request of the City or as part of any audit of the City, for a period of three and one-half years after Final Acceptance under the Contract. The Contractor shall include a copy of this Section 7-6 in all contracts with its Subcontractors, and the Contractor shall be responsible for immediately obtaining thos e records or other written material from its Subcontractors upon a request by the State Auditor or the City. If the Project includes other auditing requirements, those additional requirements will be listed in the Special Provisions.

SECTION 8. FACILITIES FOR AGENCY PERSONNEL

8-1 GENERAL

The following paragraph shall be added following the first paragraph of Section 8-1:

No field offices for City personnel shall be required; however, City personnel shall have the right to enter upon the Project at all times and shall be admitted to the offices of the Contractor to use the telephone, desk and sanitary facilities provided by the Contractor for its own personnel.

Sections 9 and 10 are hereby added to Part 1 of the Standard Specifications, as follows:

SECTION 9. CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT PLAN

9.1 GENERAL

To ensure that solid waste generated in the City is reduced, reused or recycled, the Contractor shall submit a “Waste Management Plan” (WMP) to the Engineer for review and approval, using the form found at the end of this Section 9. After the WMP has been reviewed by the Engineer, it will be returned to the Contractor in one of the following four status conditions:

• “Approved”

• “Further Explanation Required”: The Engineer will return the WMP to the Contractor with DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F 12100-0001\2654178v1.doc
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questions about the WMP. The Contractor shall resubmit plan with each of the City’s questions answered thoroughly.

• “Denied”: The Engineer will indicate the reasons f or denial. The Contractor shall then re- submit a new WMP that complies with the requirements of this Section or request an Infeasibility Exemption.

• “Infeasibility Exemption Approved”

The Contractor shall follow the WMP and document re sults during demolition and construction. Final documentation shall be submitted at the end of the project to the Engineer for review of compliance with the original WMP. The amo unt deducted from the final estimate and retained by the City in accordance with Section

7.3.1 and 7.3.2 shall be withheld until final WMP is submitted to the City and approved by the City.

9-2 DEFINITIONS

a) “Construction” means the building of any facilit y or structure or any portion thereof including any tenant improvements to an existing facility or structure.

b) “Construction and Demolition Debris” means used or discarded materials removed from premises during construction of the Project.

c) “Conversion Rate” means the rate set forth in th e standardized Conversion Rate Table approved by the City Council pursuant to this Section for use in estimating the volume or weight of materials identified in a Construction and Demolition Waste Reduction and Recycling Plan.

d) “Divert” means to use material for any purpose o ther than disposal in a landfill. Diversion credit is given for source reduction (waste reduction), recycling, and composting.

e) “Diversion Requirement” means the diversion of a t least 65% of the total Construction and Demolition Debris generated by a Project via reduct ion (source reduction), reuse or recycling, unless the Contractor has been granted an Infeasibi lity Exemption, in which case the Diversion Requirement shall be the maximum feasible diversion rate established by the Engineer.

f) “Recycling” means the process of collecting, sor ting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. g) “Renovation” means any change, addition, or mod ification in an existing structure. h) “Reuse” means further or repeated use of Constr uction or Demolition Debris. An example is the reuse of crushed concrete as road base or as aggregate on the construction site.

i) “Salvage” means the controlled removal of Constr uction or Demolition Debris from project for the purpose of recycling, reuse, or storage for later recycling or reuse.

j) “Construction and Demolition Waste Management Pl an” means a completed form, approved by the Engineer for the purpose of complia nce with this Section, submitted by the Contractor/Contractor for any Covered or Noncovered Project that indicates the estimated diversion that the Contractor/Contractor anticipates in diverting from disposal.

k) “Construction and Demolition Waste Management Re port” means a completed form, DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F 12100-0001\2654178v1.doc
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approved by the Engineer for the purpose of complia nce with this Section, submitted by the Contractor for any Project that documents the disposal and diversion tonnages and destinations.

9-3 INFEASIBILITY EXEMPTION

a) Application. If the Contractor experiences uniqu e circumstances that the Contractor believes make it infeasible to comply with the Dive rsion Requirement, the Contractor shall apply for an exemption at the time that it submits the WMP. The Contractor shall indicate on the WMP the maximum rate of diversion the Contractor believ es is feasible for each material and the specific circumstances that the Contractor believes make it infeasible to comply with the Diversion Requirement.

b) The Engineer shall review the information suppli ed by the Contractor and may meet with the Contractor to discuss possible ways of meeting the Diversion Requirement. Based on the information supplied by the Contractor, the Engineer shall determine whether it is possible for the Contractor to meet the Diversion Requirement.

c) If the Engineer determines that it is infeasible for the Contractor to meet the Diversion Requirement due to unique circumstances, the Engine er shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the WMP submitted by the Contractor. The Engineer shall return a copy of the WMP to the Contractor marked “Infeasibility Exemption Approved.”

d) Denial of Exemption. If the Engineer determines that it is possible for the Contractor to meet the Diversion Requirement, the Engineer shall so inform the Contractor in writing. The Contractor will have 15 days to resubmit a new WMP. If the Contractor fails to resubmit a new WMP, or if the resubmitted WMP does not comply with the requirements of the plan, the Engineer shall deny the WMP.

9-4 DIVERSION PROGRAM

The methodology used to calculate diversion is base d on the Title 14, California Code of Regulations, Article 6.1 Solid Waste Generation Study, Section 18722 et seq, and is consistent with CalRecycle measurement protocols. The following equ ation defines the “Generation-Based Diversion Quantification Methodology”:

9-5 ADDITIONAL INFORMATION

Other materials to assist the Contractor in complet ing the WMP can be found on the City’s website at www.manhattanbeach.gov .

• Construction and Demolition Debris Recycling Guide

• Construction and Demolition Recycling Brochure
Generation = Disposal + Diversion
Diversion Rate (%) = Diversion Tons

Generation Tons
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CITY OF MANHATTAN BEACH
Construction & Demolition Waste Management Plan
Manhattan Beach Municipal Code 5.26 requires construction projects to reuse or recycle 65% of all construction site waste (all demolition and roof tear-off projects, and all construction with a total value of $100,000).

REQUIRED GOAL: REUSE OR RECYCLE A MINIMUM OF 65% OF ALL PROJECT WASTE

Instructions:

1. Complete entire WMP & submit to the Project Manager as a project submittal.

2. Reuse and/or recycle at least 65% of all construction site waste and keep good records of all facility waste tickets.

3. Submit a copy of this WMP and ALL recycling and landfill facility weight tickets before Final Inspe ction to the Project Manager as a new project submittal. A COPY OF THIS WMP AND RECEIPTS OF ALL RECYCLING AND DISPOSAL SHALL BE SUBMITTED BEFORE FINAL PAYMEN T WILL BE MADE BY THE CITY.

Fines for Non-Compliance (MBMC 5.26.020): Demo projects up to $5,000 and Construction projects up to $10,000

Project Name:

Project Address:

Type of Project: [ ] Street Improvement [ ] Water Main [ ] Sewer Mai n [ ] Storm Drain [ ] Other
Total Bid Price: $
Requesting Infeasibility Exemption: [ ] Yes [ ] No
Contractor Name:

Address:

Recycler:

Contact Name:

Contact Phone:

Recycler Contact:

Recycler Address: Recycler Contact Phone:

CITY USE ONLY

Approved
Application (Date) Final (Date)
Further explanation needed (see attached)
Denied
Infeasibility Exemption Approved
Reviewed By

Submit this form and the attached Waste Management Plan Table to: Project Manager by email or Engineering Division, City of Manhattan Beach 3621 Bell Avenue, Manhattan Beach, CA 90266 DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F 12100-0001\2654178v1.doc
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CITY OF MANHATTAN BEACH
Construction & Demolition Waste Management Plan Ta ble
Project Name:

Total Estimated Waste Generated by Project: _ ( IN TONS ). (Ask your hauler, recycler or site cleanup vendor to assist you. Use receipts from your previous jobs for estimates.) Complete and return with Building Permit Application Complete and return with receipts prior to final building approval
Material Type Estimated
Reused/
Recycled
Estimated
Disposed/
Landfilled
Vendor or Facility
to be Used
(Destination)
Actual
Reused/
Recycled
Actual
Disposed/
Landfilled
Vendor or Facility
Used (Destination)
Asphalt & Concrete
Bricks/Masonry/Tiles
Building Materials (doors,
windows, fixtures, etc.)

Cardboard
Concrete Pavement and
Grindings

Drywall (new, unpainted)
Asphalt Pavement
Grindings

Landscape Debris (Plant &
Tree Trimmings)

Scrap Metal
Unpainted Wood & Pallets
Other (painted wood &
drywall, roofing, etc.)

Mixed C&D*
Trash/Garbage
TOTAL
*Mixed C&D is defined as a mixture of three or more materials (e.g., wood, drywall, roofing, etc.) from construction or demolition sites that will be taken to a “qualified” facility for recycling. (See C&D Debris Recycling G uide.)

If you are requesting an infeasibility exemption and the estimated amount reused/recycled is less than 65%, please explain why (attach additional sheets if necessary):

If the actual amount reused/recycled is less than 65%, please explain why:

Prepared by (please print): Date:

Contractor Signature: Phone Number:

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Conversion Rates

The following conversion rates are estimates. The r anges vary widely, depending on how the materials a re handled (compacted, loose, chipped, etc.). Use the conversion factors and receipts from any previous projects to help you estimate the potential amount of materials and diversion. Take into consideration the type and load of vehicles that will be used to haul the materials . Ask your hauler or recycler to assist you in esti mating these numbers.

Material Lbs/cy Tons/cy
Asphalt 1,400 lbs/cy 0.7 tons/cy
Brick 2,430 lbs/cy 1.21 tons/cy
Cardboard 100 lbs/cy 0.05 tons/cy
Concrete 2,600 lbs/cy
(Sources range from1,000 to 4,000) 1.3 tons/cy
Dirt/Soils 2,660 lbs/cy 1.33 tons/cy
Drywall 700 lbs/cy 0.35 tons/cy
Wood (chipped) 300 – 650 lbs/cy 0.15 – 0.3 tons/cy
Mixed C&D Debris 900 lbs/cy 0.45 tons/cy
Mixed Waste/Trash 100 – 350 lbs/cy 0.5 – 0.175 tons /cy DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F 12100-0001\2654178v1.doc
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SECTION 10. ADDITIONAL TERMS

10-1 NONDISCRIMINATORY EMPLOYMENT

The Contractor shall not unlawfully discriminate ag ainst any individual based on race, religious creed, color, national origin, ancestry, physical d isability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation or military and veteran status. The Contractor understands and agrees that it is bound by and will comply with the nondiscrimination manda tes of all statutes and local ordinances and regulations.

10-2 NOTICE TO PROCEED

Upon award of the Contract and signing the Contract Documents, the City shall issue the Contractor a Notice to Proceed. The City will not a uthorize any Work to be done under these Contract Documents before the Contract has been fully executed. Any Work that is done by the Contractor in advance of such time shall be conside red as being done at the Contractor’s own risk and responsibility, and as a consequence will be subject to rejection.

10-3 CONTRACTOR’S RESPONSIBILITY FOR WORK

Until the final acceptance of the Work by the City as defined in Section 3-13.2 of the General Provisions, by written action of the Engineer, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part of the Work by the action of the elements, criminal acts, or any other cause. The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the Work occasioned by any cause before its completion and acceptance and shall bear the expens e thereof, except for such injuries or damages arising from the sole negligence or willful misconduct of the City, its officers, agents or employees. In the case of suspension of Work from any cause whatever, the Contractor shall be responsible for all materials and the protection of Work already completed, shall properly store and protect them if necessary, and shall provide suitable drainage and erect temporary structures where necessary.

10-4 PROCEDURE IN CASE OF DAMAGE TO PUBLIC PROPERTY

Any portions of curb, gutter, sidewalk or any other City improvement damaged by the Contractor during the course of construction shall be replaced by the Contractor at its own cost. The cost of additional replacement of curb, gutter or sidewalk in excess of the estimated quantities shown in the Bid form and Specifications, and found necessary during the process of construction (but not due to damage resulting from carelessness on the pa rt of the Contractor during its operation), shall be paid to the Contractor at the unit prices submitted in its Bid.

10-5 REMOVAL OF INTERFERING OBSTRUCTIONS

The Contractor shall remove and dispose of all debr is, abandoned structures, tree roots and obstructions of any character encountered during the process of excavation. It is understood that the cost of any such removals are made a part of th e unit price bid by the Contractor under the item for excavation or removal of existing Work.

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10-6 SOILS ENGINEERING AND TESTING

An independent certified materials testing firm mus t be retained by the Contractor to perform materials tests and applicable special inspections during the Contractor’s entire operation to ascertain compliance with the Contract requirements. If the initial tests do not meet the Contract requirements, the Contractor shall bear the cost of all subsequent tests.

The Contractor shall provide a copy of the testing and inspection reports to the Engineer within 24 hours upon receipt.

If the City requires other tests or more specific r equirements for testing regarding this Project, those details will be included in the Special Provisions.

10-7 ACCESS TO PRIVATE PROPERTY

Unless otherwise stated in the Special Provisions, the Contractor shall be responsible for all fees and costs associated with securing permission to ac cess private property for any portion of the Project.

10-8 WORKING DAYS AND HOURS

The Contractor shall do all Work between the hours of 7:30 a.m. to 4:30 p.m., Monday through Friday. No Work will be allowed on Saturday, Sunday or City holidays listed on the City’s website unless specifically mentioned in the Contract Documents or authorized by the City Engineer.

In addition, no Work will be allowed on any election or special election day that may be declared within a 300-foot radius of any voting location or in any location that will disturb access to any voting location, as determined and directed by the City Engineer. If the Work is within the 300-foot radius or disturbs access to any voting location, a s determined by the City Engineer, a time extension of one Working Day will be granted for each such Day that Work cannot be performed.

A permit may have other hours or Days for the Contr actor to do the Work, and those hours and Days shall supersede any hours and Days written in this Section.

Whenever the Contractor is permitted or directed to perform night Work or to vary the period during which Work is performed during the Working Day, the Contractor shall give 24 hours’ notice to the Engineer so that inspection may be provided. Charges to the Contractor for inspection will be incurred as stated in Section 6-2.1.

10-9 CLAIM DISPUTE RESOLUTION

In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Wor k, but shall proceed with the performance of the Work in dispute. The Contractor shall retain an y and all rights provided that pertain to the resolution of disputes and protests between the par ties. The Disputed Work will be categorized as an “unresolved dispute” and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accura te, detailed records of all Disputed Work, claims and other disputed matters.

All claims arising out of or related to the Contract Documents or the Project, and the consideration and payment of such claims, are subject to the Gove rnment Claims Act (Government Code DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F 12100-0001\2654178v1.doc
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Section 810 et seq .) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq . (Article 1.5), where applicable. The Contract hereby incorporates those provisions as though fully set forth herein.

Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a constructi on claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere t o Article 1.5 and Section 9204, as applicable, pursuant to the definition of “claim” as individually defined therein.

10-10 THIRD PARTY CLAIMS

The City shall have full authority to compromise or otherwise settle any claim relating to the Project at any time. The City shall timely notify the Contr actor of the receipt of any third-party claim relating to the Project. The City shall be entitled to recover its reasonable costs incurred in providing this notice.

10-11 COMPLIANCE WITH LAWS

The Contractor shall comply with all applicable fed eral, State and local laws, ordinances, codes and regulations in force at the time the Contractor performs pursuant to the Contract Documents.

10-12 CONTRACTOR’S REPRESENTATIONS

By signing the Contract, the Contractor represents, covenants, agrees, and declares under penalty of perjury under the laws of the State of C alifornia that: (a) the Contractor is licensed, qualified, and capable of furnishing the labor, mat erials, and expertise necessary to perform the services in accordance with the terms and condition s set forth in the Contract Documents; (b) there are no obligations, commitments, or impediments of any kind that will limit or prevent its full performance under the Contract Documents; (c) there is no litigation pending against the Contractor that could adversely affect its performa nce of the Contract, and the Contractor is not the subject of any criminal investigation or procee ding; and (d) to the Contractor’s actual knowledge, neither the Contractor nor its personnel have been convicted of a felony.

10-13 CONFLICTS OF INTEREST

The Contractor agrees not to accept any employment or representation during the term of the Contract or within 12 months after acceptance as de fined in Section 3-13.2 of the General Provisions that is or may likely make the Contracto r “financially interested,” as provided in Government Code Sections 1090 and 87100, in any decisions made by the City on any matter in connection with which the Contractor has been retained pursuant to the Contract Documents.

10-14 APPLICABLE LAW

The validity, interpretation, and performance of these Contract Documents shall be controlled by and construed under the laws of the State of California, excluding California’s choice of law rules.

Venue for any such action relating to the Contract shall be in the Los Angeles County Superior Court.

10-15 TIME

Time is of the essence in these Contract Documents.

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10-16 INDEPENDENT CONTRACTOR

The Contractor and Subcontractors shall at all time s remain, as to the City, wholly independent contractors. Neither the City nor any of its offici als, officers, employees or agents shall have control over the conduct of the Contractor, Subcontractors, or any of their officers, employees, or agents, except as herein set forth, and the Contrac tor and Subcontractors are free to dispose of all portions of their time and activities that they are not obligated to devote to the City in such a manner and to such Persons that the Contractor or S ubcontractors wish except as expressly provided in these Contract Documents. The Contracto r and Subcontractors shall have no power to incur any debt, obligation, or liability on beha lf of the City, bind the City in any manner, or otherwise act on behalf of the City as agents. The Contractor and Subcontractors shall not, at any time or in any manner, represent that they or any of their agents, servants or employees, are in any manner agents, servants or employees of the City. The Contractor and Subcontractors agree to pay all required taxes on amounts paid to them under the Contract, and to indemnify and hold the City harmless from any and all taxes, asse ssments, penalties, and interest asserted against the City by reason of the independent contr actor relationship created by the Contract Documents. The Contractor shall include this provision in all contracts with all Subcontractors.

10-17 CONSTRUCTION

In the event of any asserted ambiguity in, or dispu te regarding the interpretation of any matter herein, the interpretation of these Contract Docume nts shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Contract Documents or who drafted that portion of the Contract Documents.

10-18 NON-WAIVER OF TERMS, RIGHTS AND REMEDIES

Waiver by either party of any one or more of the conditions of performance under these Contract Documents shall not be a waiver of any other condit ion of performance under these Contract Documents. In no event shall the making by the City of any payment to the Contractor constitute or be construed as a waiver by the City of any brea ch of covenant, or any default that may then exist on the part of the Contractor, and the making of any such payment by the City shall in no way impair or prejudice any right or remedy availab le to the City with regard to such breach or default.

10-19 TERM

The Contract is effective as of the Effective Date listed, and shall remain in full force and effect until the Contractor has fully rendered the service s required by the Contract Documents or the Contract has been otherwise terminated by the City. However, some provisions may survive the term listed within this Section, as stated in those provisions.

10-20 NOTICE

Except as otherwise required by law, any notice or other communication authorized or required by these Contract Documents shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during the City’s regular business hours or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses listed on the Contractor’s Bid and City Hall, or at such other address as one party may notify the other.

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10-21 SEVERABILITY

If any term or portion of these Contract Documents is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of these Contract Documents shall continue in full force and effect.

10-22 REQUIREMENT TO MITIGATE THE SPREAD OF COVID-19

The Contractor and all Subcontractors for the Work shall comply with all applicable Federal, State, Los Angeles County, and City statutes, regulations, orders, and ordinances regarding COVID-19 Infection Prevention. This requirement specifically includes, without limitation, compliance with the “Safety and Health Guidance COVID-19 Infection Prevention in Construction” issued by the California Department of Industrial Relations, Divi sion of Occupational Safety and Health and Safety on October 27, 2020 and as may be amended from time to time by the Department.

Prior to the pre-construction meeting, the Contract or shall submit to the City a “COVID-19 Mitigation Program” implementing these requirements and shall post the COVID-19 Mitigation Program on the project site in a manner designated by the City’s Project Manager. The failure of employees or workers of the Contractor and all subcontractors on the Work to comply with these requirements shall be a default per Section 6-7.1, and may also result in a suspension of the Work pursuant to Section 6-6. Contractor acknowledges th at, in the event that the Engineer suspends the Work as a result of such failure by Contractor or one of its subcontractors to comply with these requirements, City is not responsible for the delay , and that pursuant to Section 6-6.1 the Contractor is not entitled to compensation. The Contractor shall also pay to the City the costs and expenses incurred by the City resulting from the fa ilure of employees of the Contractor and all subcontractors on the Work to comply with these req uirements including, but not limited to, the salaries and benefits for City employees who are un able to work due to exposure to COVID-19 as a result of such failure, and workers compensation benefits and expenses. Delays in the Work resulting from Contractor’s or its subcontractor’s failure to comply with these regulations shall not be considered an unforeseen event entitling Contrac tor to an extension of time or payment for delay pursuant to Section 6-4 of the Standard Specifications.

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PART 2 - CONSTRUCTION MATERIALS

Incorporated by Reference
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PART 3 - CONSTRUCTION METHODS
The corresponding provisions in Part 3 (Construction Methods) of the Standard Specifications, except as otherwise indicated herein. In the event of any conflict between the Standard Specifications and these Special Provisions, these Special Provisions shall control.

SECTION 306 - OPEN TRENCH CONDUIT CONSTRUCTION

306-3.1 GENERAL

Pursuant to Public Contract Code Section 7104, if the project involves trenching more than four (4) feet deep, Contractor shall promptly and before the following conditions are disturbed notify the City in writing of any:

a. Material that Contractor believes may be materia l that is hazardous waste, as defined in California Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; and/or

b. Subsurface or latent physical conditions at the site differing from those indicated; and/or

c. Unknown physical conditions at the site of any u nusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.

d. As required by Labor Code Section 6705 and in ad dition thereto, whenever work under the Contract that involves an estimated expenditure in excess of twenty-five thousand dollars ($25,000) for the excavation of any trench or trenches five (5) feet or more in depth, Contractor shall submit for acceptance by City 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 Contractor, and all costs therefor shall be included in the price of the Contract. Nothing in this provision shall be deemed to allow the use of a sho ring, sloping, or other protective system less effective than that required by the Construction Safety Orders. Nothing in this provision shall be construed to impose tort liability on the City or o n any City officer, agent, consultant, representative, or employee. All plans, processing and shoring costs are Contractor’s responsibility and must be included in Contractor’s bid.

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PART 4 - EXISTING IMPROVEMENT

The corresponding provisions in Part 4 (Existing Im provement) of the Standard Specifications, except as otherwise indicated herein. In the event of any conflict between the Standard Specifications and these Special Provisions, these Special Provisions shall control.

SECTION 400 - PROTECTION AND RESTORATION

400-1 GENERAL

All costs to the Contractor for protecting, removin g, restoring, relocating, repairing, replacing, or reestablishing existing improvements shall be included in the Bid.

SECTION 402 - UTILITIES

402-1 LOCATION

The location and existence of any underground Utility or substructure has not been obtained. The methods used and costs involved to locate existing elements, points of connection and all construction methods are the Contractor’s sole responsibility. Accuracy of information furnished, as to existing conditions, is not guaranteed by the City. The Contractor, at its sole expense, must make all investigations necessary to determine locations of existing elements, which may include contacting Underground Service Alert and other priv ate underground locating firm(s), utilizing specialized locating equipment, hand trenching, or both. For every Dig Alert Identification Number issued by Underground Service Alert during the course of the Project, the Contractor must submit to the City the following form. The Contractor shal l be responsible for preserving the integrity of the existing underground utilities at the site.

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UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER FORM

No excavation will be permitted until this form is completed and returned to the City.

Government Code Section 4216 et seq . requires a Dig Alert Identification Number to be issued before a permit to excavate will be valid.

To obtain a Dig Alert Identification Number, call Underground Service Alert at 811 a minimum of three (3) Working Days before scheduled excavation. For best response, provide as much notice as possible up to ten (10) Working Days.

Dig Alert Identification Number:

Dated:
(“CONTRACTOR”)

By:

Printed Name:

Title:

By:

Printed Name:

Title:

Note: This form is required for every Dig Alert Ide ntification Number issued by Underground Service during the course of the Work. Additional f orms may be obtained from the City upon request.

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402-1.3 Entry by Utility Owners

The right is reserved to the owners of public Utilities or franchises to enter the Project site for the purpose of making repairs or changes in their prope rty that may be necessary as a result of the Work as well as any other reason authorized by the City. When the Contract Documents provide for the Utility owners to alter, relocate or recons truct a Utility, or when the Contract Documents are silent in this regard and it is determined by the City Engineer that the Utility owners must alter, relocate or reconstruct a Utility, the Contractor shall schedule and allow adequate time for those alterations, relocations or reconstructions by the respective Utility owners. City employees and agents shall likewise have the right to enter upon the Project site at any time and for any reason or no reason at all.

402-2 PROTECTION

If Contractor damages or breaks the Utilities, it will be the Contractor’s responsibility to repair the Utility at no cost to the Utility or the City.

402-3 REMOVAL

Facilities encountered during the prosecution of th e Work that are determined to be abandoned shall be removed by the Contractor as required for the Work, unless directed otherwise by the City Engineer. The remaining portion of the existing Utility which is left in place shall be accurately recorded, in elevation and plan, on the control set of Contract Drawings.

402-4 RELOCATION

The Contractor shall cooperate fully with all Utili ty forces of the City or forces of other public or private agencies engaged in the relocation, altering, or otherwise rearranging of any facilities that interfere with the progress of the Work. The Contractor shall schedule the Work so as to minimize interference with the relocation, altering, or other rearranging of facilities.

402-6 COOPERATION

The Contractor’s attention is directed to the fact that Work may be conducted at or adjacent to the site by other contractors during the performance of the Work under this Contract. The Contractor shall conduct its operations so as to cause a minimum of interference with the work of such other contractors, and shall cooperate fully with such co ntractors to provide continued safe access to their respective portions of the site, as required to perform work under their respective contracts.

Compensation for compliance shall be included in the various items of the Work, and no additional compensation shall be allowed therefor.

402-7 NOTIFICATION

The Contractor shall notify the City Engineer and the owners of all Utilities and substructures not less than forty-eight (48) hours before starting construction.

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PART 5 - PIPELINE SYSTEM REHABILITATION

Incorporated by Reference
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PART 6 - TEMPORARY TRAFFIC CONTROL

Incorporated by reference.

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PART 7 - STREET LIGHTING AND TRAFFIC SIGNAL SYSTEM

SECTION 701 - CONSTRUCTION

701-1 GENERAL

Except as otherwise specified in the General Provisions or on the Plans, all Work relating to traffic signals and incidental illuminated street name sign s and safety lighting, including all equipment, materials, components, and the installation thereof , shall be in accordance with the City’s Technical Provisions for traffic signals, latest ed ition of the State Standard Plans (SSP) in effect and published at the Bid Deadline and Section 86 “S ignals, Lighting and Electrical Systems” of the latest edition of the State Standard Specificat ions (SSS) in effect and published at the Bid Deadline, unless otherwise indicated in the Technic al Provisions. With respect to traffic signal Work, the order of precedence, from highest to lowe st, shall be: City Technical Provisions, City Standard Plans, Section 86 of the State Standard Sp ecifications, State Standard Plans, County Standard Plans, and County Standard Specifications.

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PART 8 - LANDSCAPE AND IRRIGATION

Incorporated by reference.

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PART 9 - SPECIAL INSTRUCTIONS

1. The Contractor shall conduct any operations and perform all Work pertaining to the Project, between the hours of 7:30 a.m. and 4:30 p.m., and shall not per form any Work pertaining to the Project on Saturday , Sunday, or holidays at any time except as approved by the Engineer.

No work shall be performed on the following City observed holidays:

New Year’s Day Sunday January 1, 2023
Martin Luther King Jr.’s Birthday Monday January 16 , 2023 Presidents Day Monday February 20, 2023
Memorial Day Monday May 29, 2023
Independence Day (observed) Tuesday July 4, 2023
Labor Day Monday September 4, 2023
Columbus Day Monday October 9, 2023
Veterans Day Saturday November 11, 2023
Thanksgiving Day Thursday November 23, 2023
The Day After Thanksgiving Day Friday November 24, 2023 Christmas Day (observed) Monday December 25, 2023

2. The Contractor shall obtain a City Permit for wo rk performed in the City right-of-way.

3. As part of the traffic control, Changeable Messa ge Boards (CMS) are required along Marine Avenue fo r the westbound and eastbound traffic for the duration of project.

4. FLASHING ARROW BOARD(S) ARE MANDATORY FOR LANE C LOSURES ON MAJOR STREETS. They shall operate until traffic control is removed.

5. The Contractor shall maintain the construction s ite during non-working hours in a clean and safe condition.

The Contractor shall protect the new concrete for sufficient time to avoid vandalism or traffic damage to the surface. The Contractor shall use steel plates to p rotect fresh concrete if left overnight along with appropriate and safe traffic control devices. The C ontractor will replace any newly laid concrete that is damaged or scarred. All open trenches shall be cove red with non-skid steel plates or temporary asphalt pavement before and after work hours.

6. The Contractor shall take all necessary measures to obtain a normal flow of traffic to prevent accidents and to protect the work throughout the construction sta ges until completion of the work. All signs, deline ators, barricades, etc., shall conform to the State of Cal ifornia Standards Specifications latest edition, th e California Department of Transportation “Manual on Uniform Traffic Control Devices: Latest edition, an d the “WATCH” latest edition. All traffic control shall be kept on their proper position at all times, and shall be repaired replaced or cleaned as necessary to preser ve their appearance and continuity. Any device not part of the required traffic control or detours sha ll be removed from the view of the traveling public immediately. If at night, all barricades shall be equipped with flashing/steady burn warning lamps. All cones, delineators, barricades, and “k” rail shall be reflectorized.

7. All travel lanes shall be open between 5:00 a.m. and 8:30 a.m. and between 3:30 p.m. and 9:00 p.m. One travel lane in each direction shall be open at all times between 8:30 a.m. and 3:30 p.m. unless otherw ise indicated on plan. The traffic control must maintai n dedicated left-turn movement. When appropriate, flagman shall be stationed at appropriate location to direct and maintain the traffic flow.

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8. In addition to the foregoing traffic control and safety measures, the Contractor shall undertake immediately to implement any measures requested by the City Eng ineer, as deemed necessary to ensure the proper flow of traffic and the protection of the public and the safety of the workers. The Contractor shall maintain at all times the ability to respond to calls from the Manhattan Beach Police Department during non-working hours to replace or provide additional traffic cont rol or safety devices as shall be required by the P olice Department.

9. The Contractor shall notify the MTA Bus Stops an d Zones Dispatcher and any other affected transit services at least two working days prior to construction. Evidence of such notification shall be submitted to the City at least two working days prior to construction and any impacts.

10. Temporary traffic control and/or the queuing of construction vehicles (including delivery trucks) will be prohibited on residential streets during construction hours.

11. Where necessary, properly post “TEMPORARY NO PA RKING ANYTIME” signs at least 72 hours before the start of work. The Contractor shall notify the Police Department immediately upon posting signs.

12. Vehicular and pedestrian access to adjacent pro perties shall be provided at all times. The Contrac tor is required to provide a pedestrian management plan to show how pedestrians are detoured around each construction area. Closed sidewalks shall be posted with “SIDEWALK CLOSED” signs at each approach to the closure and an approved alternate route shall be provided.

13. The Contractor shall protect, relocate, repair, replace or re-establish all existing improvements within the project limits which are not designated for removal (i.e. utility infrastructure, signs, markings, cur b paint, striping, posts, curb, gutter, sidewalk, ADA detect able warning devices, asphalt, plants, irrigation infrastructure, fences, walls, structures, survey c ontrol monumentation, etc.) which are damaged or removed as a result of its operations or as require d by the Plans and Specifications. Relocations, repairs, replacements or re-establishments shall be at least equal to the existing improvements and shall match such improvements in finish and dimensions at contractor’s expense to the satisfaction of the Engineer.

14. Protect traffic signal detectors in place or re place or install temporary cameras that functions i n the same manner in the interim. All detectors damaged by the work shall be replaced to the standards of the Cit y Public Works Department or Caltrans requirements.

15. Notify Public Works Inspector (310) 802-5306, a t least 48 hours prior to any construction in the r ight-of- way. Notify Fire and Police Dispatch at (310) 802-5 203 and (310) 802-5326, respectively, prior to starting work or closing lanes/streets every day.

16. The Contractor shall coordinate construction ac tivities with the City’s refuse company and street sweeping company. Refuse pick-up is performed by Waste Mana gement (310-830-7100) and street sweeping is performed by Athens Services (888-336-6100).

17. The Contractor shall coordinate all work in the vicinity of schools with the adjacent school admin istrators and principal 48 hours prior to any work and minimize construction impacts during normal school days, on special dismissal and school event days. The Contra ctor will be responsible for delivering City prepar ed construction notification letters to all residents or business owners affected by any of the contract work.

The expected time between the delivery of the notif ication and the start of work is seven to ten calen dar days. Special consideration should be paid to residents or business owners whose access will be affected by the work such that these people know exactly whi ch day operations will start and end. It is impera tive that the Contractor follow through on construction schedules that have been shared with city staff, residents and business owners. Changes to previously publish ed information will necessitate the distribution of additional notices and could result in a delay in the work at no cost to the City.

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18. The Contractor shall be responsible to identify all survey markers prior to start construction and submit to Resident Engineer. Any damage to survey marker during construction must be restored by License Land Surveyor and record of survey filed with the County and evidence provided to the City.

19. Spoils from excavation shall be immediately rem oved from the project site. Overnight storage of materials removed or equipment shall not be permitted on the traveled roadway surface. Full compensation for compliance with these requirements shall be considered as included in the appropriate bid items.

20. Access to all commercial/residential driveways must remain open at all times unless the contractor makes specific arrangements with the property owner, the property manager, and all tenants. The nearby City streets (Marine Avenue, Cedar Avenue, and Sepulveda Boulevard) must remain open at all times.

21. The Contractor shall be responsible for securin g a construction staging area for this project. The cost of securing a staging area shall be considered as included in the Contract prices paid for the various items of work involved and no additional compensation will be allowed therefor.

22. Note Section 11-6 of the General Provisions. Th e Contractor is responsible for ensuring that the encountered soil meets the design parameters.

23. Work Schedule Requirement – The Contractor must :
a. Fulfill preconstruction requirements and order m aterial according to the Contract Section 4. b. Submit a revised construction schedule thirty (3 0) calendar days prior to the scheduled delivery of material. The City will issue the “Notice to Procee d with Construction” after receiving the 30-day notification and approving the construction schedule.
c. Do not store material or equipment at the job si te(s). Maintain all job sites in neat and orderly condition at all times, with allowance for pedestrian access compliant with Americans with Disabilities Act.

ADDITIONAL SPECIAL INSTRUCTIONS:

• Marine Avenue & Cedar Avenue Traffic Signal: The traffic signal is to remain functional at all times during construction. The transition from the existing signal to the proposed signal is to be coordinated with the City and County Engineer. The Contractor shall be responsible to coordinate with the City and County Engineer to ensure the fully functional signal during the construction.

• Trim Existing Median Island Nose on the West Leg: The Contractor shall sawcut and remove existing asphalt concrete or existing concrete median island . Any damage caused by the Contractor shall be replaced at no cost to the City.

The Concrete used for median island shall be rapid-setting concrete, high strength, accelerating admixtures. Minimum fast-setting concrete property requirements for compressive strength, flexural strength, bond strength, water absorption, abrasion resistance, drying shrinkage, water soluble sulfates and chlorides, and thermal stability shall confirm to Caltrans standard specifications. A relative compressive strength of 3000 psi after 3 hours is required.

Once work is started, the Contractor shall expedite and complete the work to the satisfaction of the City.

Payment for Remove Existing and Construct median island nose shall be paid for at the contract unit price per Each (EA) and shall be considered full compensation for providing all labor, materials, equipment, and other related work as required. No additional compensation shall be allowed therefor.

• Submittal by Contractor of Daily Report to City : The Contractor is required to submit a completed “Contractor daily report to City” form to the City every working day by 5:30 p.m. See the Appendix II for the form to be submitted by the Contractor.

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PART 10 - STANDARD AND SPECIAL TECHNICAL PROVISIONS

A. EQUIPMENT LIST AND DRAWINGS

Equipment list and drawings of electrical equipment and material shall conform to the provisions in Section 86-

1.03, "Equipment List and Drawings," of the Caltrans Standard Specifications and these special provisions.

The controller cabinet schematic wiring diagram and intersection sketch shall be combined into one drawing so that when the cabinet door is fully open, the drawing is oriented with the intersection.

The Contractor shall furnish 3 copies of the maintenance manual for all controller units, auxiliary equipment and vehicle detector sensor units, control units and amplifiers. The maintenance manual and operation manual may be combined into one manual. The maintenance manual or combined maintenance and operation manual shall be submitted at the time the controllers are delivered for testing or, if ordered by the Engineer, previous to purchase. The maintenance manual shall include, but need not be limited to, the following items:

1. Specifications

2. Design Characteristics

3. General Operation Theory

4. Function of all Controls

5. Trouble Shooting Procedure (Diagnostic Routine)

6. Block Circuit Diagram

7. Geographical Layout of Components

8. Schematic Diagrams

9. List of Replaceable Component Parts with Stock Numbers

B. MOBILIZATION

Mobilization shall consist of preparatory work and operations including, but not limited to, those necessary for the movement of personnel, equipment, materials and incidentals to the project site necessary for work on the project and for all other work and operations which must be performed or costs incurred including bonds, insurance, and financing prior to beginning work on the various contract items on the project site. Mobilization is deemed to include all aspects of demobilization work occurring at project completion.

Mobilization shall also include the time and labor to move the necessary construction equipment to and from the job site, supervisory time on the job by the Contractor's personnel to keep the construction site in a safe condition and all other related work as required for all non-working days during the course of construction. Contractor is responsible for securing an adequate storage site for equipment and materials outside the City right of way.

The Contractor shall have on the work site at all times, as its agent, a competent English speaking superintendent capable of reading and thoroughly understanding the plans, specifications, other related documents, and directions from the Engineer.

C. TRAFFIC CONTROL

The Contractor shall provide and maintain all construction area traffic controls in accordance with Section 7-10 of the Standard Specifications and the latest edition of the California Manual of Uniform Traffic Control Devices (CA MUTCD), and all current supplements, and as noted herein.

It shall be the Contractor's responsibility to furnish a detailed detour signing and barricade plan for Agency approval.

The Contractor shall submit detailed drawings of any proposed detour(s) to the Engineer for approval prior to the commencement of work. All traffic control devices, flaggers, labor and materials shall be included.

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The Contractor shall be responsible for providing temporary access to all driveways at the end of each workday.

The Contractor shall provide and maintain all other signs, barricades, pedestals, flashers, delineator s and other necessary facilities for the protection of the public within the limits of the construction area. The Contractor shall also post proper signs to notify the public regarding detours and the condition of the roadway, all in accordance with the provisions of the Vehicle Code and the Manual on Uniform Traffic Control Devices.

Special emphasis shall be placed on use of "CONSTRUCTION ZONE AHEAD" (C18R) signs at the beginning, end, and any access and/or intersection streets with roads under construction.

NOTICES
Contractor shall notify the following entities at least forty-eight (48) hours in advance of any street closure or restriction to access.

Fire Department
Police Department
Schools and School Bus Organizations
Disposal Company
Post Office

The Contractor shall provide sufficient written notice to all affected property owners of the proposed construction schedule a minimum of 48 hours, but not more than 72 hours, in advance of any limitation or closure of access to their property. The Contractor shall submit a sample notification letter, which shall contain the date and time of the closure, to the Engineer for review and approval pr ior to distribution. Damages to any such properties or utilities caused by Contractor’s operations shall be corrected by the Contractor at no cost to the City. In the event of delay, whether beyond the control of the Contractor or not, the Contractor shall notify all affected property owners as to the extent of the delay and his revised schedule. In the event of delay over 72 hours, the Contractor shall re-notify the property owners as described above. Payment for not ification and coordination as per Section 7-10 as m odified herein shall be included in the compensation paid for the various items of work, and no additional compensation will be allowed therefore. The "Notices" will be furnished by the Contractor.

CHANGEABLE MESSAGE SIGNS
The Contractor shall provide a minimum of two (2) portable Electronic Changeable Message Signs (CMS) and shall place the CMS at least 7 days in advance of any construction at locations on Marine Avenue, where traffic enters the project limits. The CMS shall be at least six feet by nine feet (6’ X 9’) and each character shall consist of at least 35 disks in a 7 by 5 matrix. Each pixel shall contain at least 2 LED’s for low light conditions. Each character shall be at least 18” high. Photocell control brightness of the LED’s and automatic type dimming from 10 to 100 percent. CMS shall be legible from 1,200 feet. CMS manufactured by ADDCO, DH1000 DOT, or approved equal shall be used.

These CMS units and the actual working of messages must be approved by the Engineer prior to placement.

FLASHING ARROW SIGNS
Each flashing arrow sign shall be mounted on a truc k or on a trailer and shall be capable of operating while the vehicle is moving or as directed by the Engineer.

Signs mounted on the cab of a truck shall be mounted to provide a minimum of 7 feet between the bottom of the sign and the roadway. Signs mounted on a trailer, or on anything other than the cab of a truck, shall be mounted to provide a minimum of 8 feet between the bottom of the sign and the roadway.

The total weight of trailer mounted flashing arrow sign including the trailer, sign, power source and other components shall not exceed 1,500 pounds and the height of the level trailer bed shall be no higher than 21 inches above the roadway. The trailer shall be equipped with a minimum of 3 leveling jacks.

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Electrical energy, to operate the sign, shall be obtained from the vehicle on which the sign is mounted. The supply of electrical energy shall be capable of operating the sign in the manner specified. The electronic ci rcuitry shall provide between 30 and 45 complete operating cycles of the sign per minute in each of the modes specified.

Alternative types of lamps may be used in flashing arrow signs if visibility is equal to the specified lamps. Each type AX flashing arrow sign shall be a minimum of 2 feet high and 4 feet wide, and shall be finished with flat black enamel.

A minimum of 13 No.4414AX 12 volt, yellow or amber lamps shall be installed in the panel. The lamp configuration shall be for 3 arrowheads or an arrow shaft with 2 arrowheads, one pointing in each direction on the face of the sign with a minimum of 5 lamps forming each arrowhead. Each lamp shall be provided with a visor.

The lamp shall be activated by a switch on a control panel and shall be controlled by electronic circuitry to provide a minimum of 4 selectable modes of operation as follows:

a) Pass Left Mode, - Sequencing of lighted arrowheads or sequencing the lamps forming the arrow shaft and arrowhead to the left or a flashing left arrow with the lamps in the arrow shaft and arrowhead flashing on and off simultaneously.
b) Pass Right Mode, - Sequencing of lighted arrowheads or sequencing the lamps forming the arrow shaft and arrowhead to the right or a flashing right arrow with the lamps in the arrow shaft and arrowhead flashing on and off simultaneously.
c) Simultaneous Mode, - Either the outside arrowhea ds pointing in opposite directions are continuously illuminated, except for the center lamp forming each arrowhead, while the arrow shaft lamps flash on and off simultaneously or the outside arrowhead pointing in opposite directions and the arrow shaft lamps all flash simultaneously to indicate passing on either side. d) Travel Mode, - Travel or caution mode shall flash in a manner not resembling any other mode.

DELINEATORS
Portable delineators which conform to current CA MU TCD standards shall be spaced as necessary for prop er delineation of the travel way. The spacing between delineators shall not exceed 50 feet on tangents or twenty-five feet (25') on curves except when used for lane closure.

When used for lane closures, the fluorescent traffic cones or portable delineators shall be placed at intervals not to exceed the following:

Tapers 25 feet
Edge of closed lanes:

Tangents 100 feet
Curves 50 feet

If the traffic cones or portable delineators are damaged, displaced or not in an upright position, from any cause, said cones or portable delineators shall immediately be replaced or restored to their original location, in an upright position, by the Contractor.

Lane transitions shall not be sharper than a 30 to 1 taper.

If the portable delineators are damaged, displaced or are not in an upright position, from any cause, said portable delineators shall immediately be replaced or restor ed to their original location, in an upright positi on, by the Contractor.

Where construction detours and signing conflict with existing signing, the Contractor shall cover existing signs in a manner approved by the Engineer. The Contractor shall also provide temporary traffic restriping at the conclusion of each working day, if not sooner as directed by the Engineer, for any centerline, painted median or lane line which is obliterated by construction.

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The Contractor shall provide temporary delineation as directed/approved. Temporary delineation shall i nclude sandblasting of conflicting markings; installation and removal of temporary centerlines or lane lines, detour signing, barricading; and replacement of traffic lines and markings in their proper locations upon termination of the detour.

Conflicting existing and temporary striping, as required for traffic control during construction, shall be removed by the Contractor by using wet nozzle sandblasting methods with immediate cleanup of residues. Blacking out t he pavement will not be allowed. Temporary reflective striping tape may be used, except that it shall not be applied to final asphalt surfaces. Said tape shall be removed from temporary surfaces prior to placement of additional asphalt.

LANE REQUIREMENTS
The Contractor shall conduct work and provide the necessary traffic control to provide the following:

A minimum of one 10' wide travel lane in each direction shall be maintained on Marine Avenue at all times during construction to provide local and through traffic access through the construction area. There shall be a minimum of 5’ clearance from open excavations and two feet from other obstructions (curbs, k-rail, etc.).

The Contractor shall be required to use flashing arrow signs to direct travel and appropriate detour signing to control traffic through and/or around the construction area.

MAINTENANCE
All existing stop signs, street name signs and regu latory signs shall be maintained in visible locatio ns during construction and permanently relocated or removed a s directed by the Engineer. Signs, which need not b e maintained during construction or permanently removed, shall be salvaged to the Agency.

The Contractor shall maintain a 24-hour emergency s ervice to remove, install, relocate, and maintain w arning devices and shall furnish to the Engineer, names, a nd telephone numbers of three persons responsible f or this emergency service. In the event these persons do not promptly respond when notified, or it becomes necessary to call other forces to accomplish emergency service, the Contractor will be responsible for any cost incurred.

Prior to the start of each work day, the Contractor shall perform all necessary work incidental to and commensurate with the proper signing, detouring, barricading, et c., heretofore and hereinafter specified that is re quired for that particular day’s schedule of operations. No constru ction shall be permitted until such signing and det ouring operations have been completed.

Personal vehicles of the Contractor's employees sha ll only be parked in an allowed area as delineated by the Engineer, and shall not be parked on the traveled way at any time, including any section closed to public traffic.

FLAGMEN
The Contractor shall furnish such competent flagmen as are necessary to give adequate warning to traffic or to the public of any dangerous conditions to be encountered. Flagmen, while on duty and assigned to give warning to the public that the highway is under construction and of any dangerous conditions to be encountered as a result thereof, shall perform their duties and shall be provided wi th the necessary equipment in accordance with the W ATCH manual. The equipment shall be furnished and kept clean and in good repair by the Contractor, at its expense.

Should the Contractor appear to be neglectful or negligent in furnishing warning and protective measures as above provided, the Engineer may direct attention to the existence of a hazard, and the necessary warning and protective measures shall be furnished and installed by the Contractor, at his/her expense. Should the Engineer point out the inadequacy of warning and protective measures, such action on the part of the Engineer shall not relie ve the Contractor from responsibility for public safety or abrogate its obligation to furnish and pay for these devices.

D. BEST MANAGEMENT PRACTICE

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Per the Federal Clean Water Act, the Contractor is required to eliminate pollution to waters of the United States in regards to this project. This project will require the Contractor to implement Best Management Practices (BMP’s).

The Contractor shall submit a Water Pollution Control Plan (WPCP) with outlines specific BMP’s to be used during construction to ensure that sediment from storm runoff and construction activities does not enter storm drains. Some of the primary water pollution control measures anticipated for this project include, but are not limited to, covering all storm drain inlets in the project vicinity with water permeable fabric and gravel bags prior to performing any removal or paving operations; properly fueling and cleaning all equipment/vehicles; maintaining an ample suppl y of gravel/sand bags on-hand when excavating new PCC access ramp/curb/gutter improvements in the event of rain; properly containing chemicals required to install the detectable warning mats; properly covering all incoming material trucks and all out going debris hauling vehicles; providing restroom facilities for workers; and regular street sweeping of the Work Area and Haul Routes to the satisfaction of the Engineer.

The requirements of all of the following agencies shall be met and maintained and where there is a conflict between requirements, the most stringent requirement shall govern.

1.14.1 Los Angeles Regional Water Quality Control B oard County

The Contractor shall confirm that all of the BMP’s have been adequately detailed to addresses his anti cipated construction operations. The proposed WPCP, shall be submitted to the City within five (5) calendar days after the Notice to Proceed. No work will be allowed to begin without a City approved WPCP.

CLEARING AND GRUBBING:

In addition to the work outlined in Subsection 300-1 and 300-2 of the Standard Specifications, the following items of work are included under Clear and Grub unless otherwise covered by a specific bid item.

1. Removals including but not limited to removal of existing: Turf and Irrigation Systems; Trees; Tree Roots; Scrubs; PCC Curb and Gutter; PCC Mow Strip; PCC Sid ewalks (which are not part of access ramp construction); Asphalt Concrete Pavement and Aggregate Base;

2. Maintain dust control at all times by watering; including developing a water supply and furnishing and placing all water required for work done in the contract, i ncluding water used for extra work and water used f or irrigation purposes.

3. Protection of utilities, trees, fences, signs, c urb and gutter, walls and other facilities within the construction zone, except those specifically directed by the Engineer to be removed or relocated.

4. Clearing and removal of debris from site of work.

5. Delay in work necessary to accommodate utility relocations by others.

6. Removal of existing pavement markings and raised pavement markers

7. Other items of work as directed in these specifications.

8. Daily cleaning of the work area.

Sawcutting of PCC concrete shall be accomplished by the use of a power driven saw. The depth of cut shall be deep enough to produce a clean, straight break without loosening, cracking, or damaging adjoining asphalt or concrete.

Waste material from sawcut operations shall be broom cleaned or vacuumed, and disposed of in accordance local regulation. Cleaning of sawcut area by washing and directing waste to public storm drains shall not be permitted.

Existing concrete and miscellaneous removals shall be immediately removed from the project site and disposed of by the Contractor at his own expense at a legal dump and/or recycling site.

Removal areas shall be adequately barricaded to the satisfaction of the Engineer. Removal areas of 4 L.F. or less shall have one lighted flashing barricade, and areas greater than 4 L.F. shall have a flashing barricade at each end.

The Contractor shall take particular care when removing existing sidewalk, and curb & gutter to prevent damage to DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F 12100-0001\2654178v1.doc
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existing lawns, landscaping and sprinkler systems and above or below ground structures/utilities. Any damage to existing lawns and landscaping or existing sprinkler systems shall be repaired within 48 hours at the Contractor’s expense.

CONSTRUCTION SURVEY
Work includes preservation of existing survey monum ents and field surveys for control of construction. All such surveys, including any construction staking, shall be performed under the supervision of a California licensed surveyor or civil engineer allowed by law to practice land surveying.

Monument perpetuation shall be in accordance with S ection 8771 of the Business and Professional Code a nd Section 309 “Monuments”, of the Standard Specifications.

Construction and survey staking shall conform to the quality and practice of Section 2-9 “Surveying” and Section 309 “Monuments”, of the Standard Specifications.

The Contractor shall be wholly responsible for the lines and grades and for the stakes and marks for the construction of all the improvements shown on the plans. The Contractor shall supply a copy of cut-sheets to the Engineer, 48 hours prior to construction.

The Contractor shall maintain and reference all hor izontal control points and all other points as dire cted by the Engineer that may be destroyed by construction and as shown on the Plans.

The horizontal control points shown on the Plans shall be temporarily relocated as necessary during construction operations and upon completion of construction, the Contractor shall set permanent survey control points. Contractor shall re-establish the centerline ties per County of Los Angeles requirements.

The Engineer must approve monumented control established or re-established by Contractor. Control monument locations may be verified by an independent surveyor as directed by the Engineer. Contractor shall re-establish the centerline ties per County of Los Angeles requirements.

All computations necessary to establish the exact p osition of the work from control points shall be ma de by the Contractor. All computations, survey notes, and oth er records necessary to accomplish the work shall b e neat, legible, and accurate. Such computations, notes, and other records shall be made available to the engineer upon request, and shall become the property of the City and be delivered to the City before acceptance of the contract.

Monumentation damaged or disturbed by the Contractor’s negligence during the construction shall be referenced and reset by a licensed Land Surveyor or registered Civil Engineer authorized to practice land surveyi ng and possessing a valid registration number. Monumentation shall include tagged durable monumentation that defines the location of a street centerline or property corner, or controls the location of a property line. They shall include, but not be limited to tagged pipes, spikes, tags, washers, bars or pins.

The Contractor and his sureties shall be liable for, at his expense, any re-survey required due to the Contractor’s negligence in protecting existing ties, monuments, bench marks or any such horizontal and vertical control.

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E. ASPHALT CONCRETE

Asphalt Concrete shall meet the requirements of Sec tion 203 of the Standard Specifications and these T echnical Provisions:

The asphalt concrete design mix shall be submitted for approval a minimum of two weeks prior to start of construction.

Section 203-1 of the Standard Specifications are hereby deleted/amended as follows:

203-1.2 Testing Requirements.

Paving asphalt shall be specified by performance grade. Performance Grade (Dense Grade) shall conform to the requirements in Table 203-1.2(A). As used in Table 203-1.2(A) the term "binder" shall mean paving asphalt.

Table 203-1.2(A)
Grade AASHTO
Test
PG 64-
10 PG 64-
16 PG 64-
28 PG 70-
10 Flash Point, ᵒC, min. T48 230 230 230 230
Solubility, %, min. T44 99.0 99.0 99.0 99.0
Viscosity, 135ᵒ C, Pa-s,
maximum
a T316 3.0 3.0 3.0 3.0
Dynamic Shear Test
Temperature, ᵒC T315 64 64 64 70
Dynamic Shear, 10 rad/s,
G*/Sinä, kPa, minimum T315 1.00 1.00 1.00 1.00
RTFO Aged Binder (T240)
Mass Loss, % max. T240 1.00 1.00 1.00 1.00
Dynamic Shear Test
Temperature, ᵒC T315 64 64 64 70
Dynamic Shear, 10 rad/s,
G*/Sinä, kPa, minimum T315 2.20 2.20 2.20 2.20
Ductility, 25ᵒC, 5cm/min,
cm, Minimum T51 75 75 75 75
RTFO and PAV Aged Binder (R28)
PAV Aging Temperature,
ᵒC R28 100 100 100 100
Dynamic Shear Test
Temperature, ᵒC T315 31
b 28 b 22 b 34 b
Dynamic Shear, 10 rad/s,
G*/Sinä, kPa, minimum T315 5000 5000 5000 5000
Bending Beam Test
Temperature, ᵒC T313 0 -6 -18 0
Creep Stiffness, Mpa,
Maximum T313 300 300 300 300
m-value, minimum T313 0.300 0.300 0.300 0.300
a This requirement may be waived by the Engineer if the supplier warrants that the DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F 12100-0001\2654178v1.doc
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asphalt binder can be adequately pumped at temperatures that meet all applicable safety standards. b If the PAV aged binder exceeds 5000 kPa at the designated test temperature, it will be deemed acceptable if it is less than 5000kPa when tested at a 3ᵒC higher test temperature.

203-1.3 Test Reports and Certification

The Contractor shall furnish asphalt in conformance with Caltrans "Certification Program for Suppliers of Asphalt." Caltrans maintains the program requirements, procedures, and a list of approved suppliers at:

http://www.dot.ca.gov/hq/esc/Translab/fpmcoc . htm

The contractor shall prevent the formation of carbonized particles caused by overheating Asphalt during manufacturing or construction.

203-1.4 Temperatures

Each-grade of paving asphalt shall be applied within the temperature range specified in Table 203-1.4A

Table 203-1.4(A)

GRADE PLANT MIXING TEMPERATURE
ᵒC (ᵒF )

DISTRIBUTION APPLICATION
TEMPERATURE ᵒC (ᵒF)
Minimum Maximum Minimum Maximum
PG 70-10 150 (300) 175 (350) 140 (285) 175 (350)
PG 64-28 135 (275) 160 (325) 140 (285) 175 (350)
PG 64-16 135 (275) 160 (325) 140 (285) 175 (350)
PG 64-10 135 (275) 160 (325) 140 (285) 175 (350)

203-1.5 Distributing Equipment.

Distributing equipment shall conform to 203-2.5.

203-1.6 Measurement and Payment
Replace Table 203-1.6A with the following.

Table 203-1.6A
Grade
Liters Per Tonne at 15ᵒC
(Gallons Per Ton At
60ᵒF)
Grams Per Liter at 15ᵒC
(Lbs. Per Gallon at 60ᵒF)
PG 70-10 981 (235) 1020 (8.51)
PG 64-28 981 (235) 1020 (8.51)
PG 64-16 981 (235) 1020 (8.51)
PG 64-10 981 (235) 1020 (8.51)

203-5.2.1 Aggregate
Aggregate shall be Type II conforming to 203-5.2.1.

203-6 ASPHALT CONCRETE . Delete Subsections and substitute the following:

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203-6.1 General. Materials incorporated in the work shall be manu factured, handled and used in compliance with Sections 203 of the Standard Specifications fo r Public Works Construction.

The Contractor shall furnish the Engineer, at least two (2) weeks prior to the start of work, wlth a list of material sources together with Certificates of Compliance, indicating that materials to be incorporated in the work fulfill the requirements of these specifications. The Certificates of Compliance shall be signed by the material supplier or representative. The Engineer may permit the use of paving materials, aggregate, cement line, anti-strip agents, asphalt, or any combination thereof prior to sampling and testing when accompanied by a Certificate of Compliance.

203-6.2 Materials.

203-6.2.1 Asphalt Concrete . The asphalt concrete will be place in three lifts. The asphalt lifts will be as follows:
base paving (bottom course)shall be 2.5” of Type lll Class B2 PG 70-10, second lift shall be 2.0” of Type lll Class B2 PG 70-10, and cap paving (top course) shall be 1.5” of Type lll C2 PG 70-10, conforming to Section 203-6 of the Standard Specifications for Public Works Construction and placed conforming to section 302-5 of the Standard Specifications for Public Works Construction. Tack Coat shall be applied to base course prior to final cap (Top Course) per Section 302-5.4 of the Standard Specifications for Public Works Construction.

203 -6.2.3 Asphalt Binder. The amount of liquid asphalt, by weight, to be added to the aggregate shall be as specified and determined by the City Engineer. The amount specified by the City Engineer shall be within the general range of percentages of the total mixed materials. The actual amount, however, will be determined through a complete asphalt concrete mix design performed on materials intended for use on the project.

The allowable tolerance in percentage of asphalt content from that percentage specified by the engineer shall be + 0.3 percent.
206-6.3 Asphalt Concrete Mixtures. The Contractor shall furnish the Engineer with a Job Mix Formula (JMF) for the asphalt concrete no later than two (2) weeks prior to actual placement of the material. The JMF shall indicate the percentage passing each specified sieve size and percent asphalt to be used for each asphalt concrete mixture to be incorporated in the work. The job mix formula (gradation), with allowable tolerance for a single test, shall be used for job control. Single test variation tolerance is shown below. ln no event shall there be less than two (2) percent passing the No. 200 sieve.

JOB MIX FORMULA GRADING TOLERANCE
(FOR SINGLE TEST)

SIEVE SIZE PERCENT
No. 4 ± 6
No. 30 ± 5
No. 200 ± 2
Asphalt, percent by weight of mix ± 0.3

The Engineer shall have the right to obtain samples for all nraterials to be used in the work and to test such samples for the purpose of determining specification compliance.

The Engineer reserves the right to obtain said samples at the point of delivery and/or at the point of manufacture.

The Engineer shall also have the right to inspect sources of materials to be used in the work to determine acceptability of procedures used by the material supplier.

Coarse aggregate shall consist of material of which at least seventy-five percent (75%) by weight shall be crushed DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F 12100-0001\2654178v1.doc
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particles in lieu of the requirements of Subseciion 203-6.2.3, "Coarse Aggregate."

The individual test result requirements shall be as specified in Subsection 203-6.4.3, "Combined Aggregates":

Add to Subsection 302-5.1, "General":

The combined aggregate grading for asphalt concrete placed on miscellaneous areas shall conform to the gradation for the asphalt concrete placed on the traveled way, unless otherwise directed by the Engineer.

The amount of asphalt binder used in the asphalt concrete placed in dikes, gutters, gutter flares, oversize drains and aprons at the ends of drainage structures, unless otherwise directed by the Engineer, shall be increased one percent (1 %) by weight of the aggregate over the amount of asphalt binder used in the asphalt concrete placed on the traveled way.

Replace the second paragraph of Subsection 302-5.4, "Tack Coat":

A similar tack coat shall be applied to all surfaces that are to be overlaid unless otherwise directed by the Engineer.

Add to Subsection 302-5.5, 'Distribution and Spreading ":

Tarpaulins shall be used to cover all loads when directed by the Engineer.

All screed extensions for paving machines shall be provided with a tamper, roller, or other suitable compacting devices.

Automatic grade and slope control shall be used for overlays. All joints shall be sealed after rolling.

Grade and slope references shall be furnished, installed, and maintained by the Contractor. The Contractor shall use a ski device, the minimum length of the ski device shall be 10 m (30 ft.).

The ski device shall be a rigid one-piece unit and the entire length shall be utilized in activating the sensor. The Contractor may use a laser to control the screed.

When placing the initial mat of asphalt concrete on existing pavement, the end of the screed nearest the center line shall be controlled by a sensor activated by a ski device not less than 10 m (30 ft.) long. The end of the screed farthest from center line shall be controlled by an automatic transverse slope device set to reproduce the cross slope approved by the Engineer or as indicated on the plans or as controled by the lip of gutter.

When paving is contiguous with previously placed mats, the end of the screed adjacent to the previously placed mat shall be controlled by a sensor that responds to the grade of the previously placed mat and will reproduce the grade in the new mat within a 3 mm (0.01 ft.) tolerance. The end of the screed farthest from the previously placed mat shall be controlled in the same manner as when placing the initial mat.

Should the automatic screed controls fail to operate properly during any day's work, the Contractor may use manual control of the spreading equipment for the remainder of that day; however, the equipment shall be corrected or replaced with alternative automatically controlled equipment conforming to the requirements in this section before starting the next day's work.

Should the methods and equipment furnished by the Contractor fail to produce a layer of asphalt concrete conforming to the requirements, including straightedge tolerance, of Subsection 302-5.6.2, "Density and Smoothness," of the Standard Specifications, the paving operation shall be discontinued and the Contractor shall modify his equipment or furnish substitute equipment.

The Contractor shall schedule his paving operations such that each layer of asphalt concrete is placed on all contiguous lanes of a traveled way each work shift. At the end of each work shift, the distance between the ends of the layers of asphalt concrete on adjacent lanes shall not be greater than 3 m (10 ft.) nor less than '1.52 m (5 DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F 12100-0001\2654178v1.doc
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ft.). Additional asphalt concrete shail be placed along the transverse edge at the end of each lane and along the exposed longitudinal edges between adjacent lanes, hand raked, and compacted to form-temporary conforms.

Kraft paper, or other approved bond breaker, may be placed under the conform tapers to facilitate the removal of the taper when paving operations resume.

Add to Subsection 302-5.6.1, "General (Rolling),” the following:

The Contractor shall furnish a sufficient number of rollers to obtain the specified compaction and surface finish required by the Standard Specifications and these Special Provisions.

Pneumatic rollers shall be required.

lnitial breakdown compaction shall consist of a minimum of three (3) coverages of a layer of asphalt mixture. A pass shall be a movement of rolling in both directions over the same path. A coverage shall consist of as many passes as are necessary to cover the entire width being paved. Overlap between passes during coverage, made to ensure compaction without displacement of material in accordance with good rolling practice, shall be considered to be part of the coverage being made and not part of a subsequent coverage.

Each coverage shall be completed before subsequent coverages are started.

Add to the first paragraph of Subsection 302-5.6.2, "Density and Smoothness," of the Standard Specifications, the following:

The completed surfacing shall be thoroughly compacted, smooth and free from ruts, humps, depressions or irregularities, Any ridges, indentations or other obiectionable marks left in the surface of the asphalt concrete shall be eliminated by rolling or other means. The use of any equipment that leaves humps, ridges,
irregularilies, indentations or other objectionable marks in the asphalt concrete shall be discontinued, and acceptable equipment shall be furnished by the Contractor.

The transverse slope of the finished surface shall be uniform to a degree such that no depressions greater than 3 mm (0.01 ft.) are present when tested with a straightedge 3 m (10')long, laid in a direction transverse to the center line.

lf the test results for any lot of asphalt concrete indicate that the relative compaction is below 95.0 percent (95%), the Contractor will be advised that he is not attaining the required relative compaction and that his materials, procedures, or both, need adjustment. Asphalt concrete spreading operations shall not continue until the Contractor has notified the Engineer of the adjustment that will be made in order to meet the required compaction.

Before placing the top layer adjacent to cold transverse construction joints, the joints shall be trimmed to a vertical face and to a neat line. Longitudinal joints shall be trimmed to a vertical face and to a neat line if the edges of the previously laid surfacing are, in the opinion of the Engineer, in such condition that the quality of the completed joint will be affected. Longitudinal and transverse joints shall be tested with a 3 m (10') straightedge and shall be cut back as required to conform to the provisions in Subsection 302-5.6.2, "Density and Smoothness," for surface smoothness. Connections to existing surfacing shall be feathered to conform to the provisions for smoothness.

Longitudinal joints in the top layer shall correspond with the edges of proposed traffic lanes (striping).

Longitudinal joints in all other layers shall be offset not less than 0.5 foot alternately each side of the edges of traffic lanes. All feathered joints shall be sealed after rolling.

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F. CONCRETE (PCC) CONSTRUCTION

All PCC construction work shall conform to Sections 201 and 303-5 of the "Standard Specifications for Public Works Construction".

Items including concrete curb and gutter, curb, cross gutter, curb ramp, sidewalk, driveway, building access ramp, electrical concrete pad, and gutter depression shall be constructed in accordance with the standards and details as shown on the plans and in conformance with Section 201 and 303-5 of the Standard Specifications and the following Technical Specifications.

All PCC sidewalk and access ramps shall be constructed on top of a 2" layer of dry, washed sand, on top of a 10- mil thick waterproof membrane. When required to overlap membrane sections, the overlap shall be a minimum of two (2) feet. All PCC curb, curb & gutter, cross gutter, driveways shall be constructed on top of a 6" thick layer of clean class 2 Aggregate Base compacted to 95% compaction relative to maximum.

The same brand, type and source of cement and aggre gate shall be used for all Portland Cement Concrete . All concrete used on the project shall be 560-C-3250. Type V cement shall be used.

This excavation shall be repaired to grade with asp halt concrete, full-depth in two lifts minimum. Eac h lift shall be compacted to 95% relative compaction. Payment for t his excavation and repair shall be considered as pa rt of the PCC construction, and no additional compensation shall be allowed. An option for PCC work adjoining asphalt shall be for contractor to neatly sawcut and pin concrete forms directly to asphalt. Asphalt shall be neatly sawcut and removed without spalls or tagged edges, concrete islands shall be straight and true grades elevations and form.

Sub-grade materials shall be compacted to a minimum relative compaction of 95 percent.

The depressed PCC curb and gutter construction and new PCC curb construction required as a part of the access ramp construction shall not be poured monolithic with the PCC ramp and shall be paid for at the same contract unit price bid as for the PCC curb and/or curb & gutter bid item.

Sidewalk shall be opened to pedestrian access on th e day following concrete placement in the access ra mp. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patch back shall be placed within 72 hours following concrete placement at eac h of the access ramps and curb & gutter reconstruct ion locations. PCC improvements subject to vehicle loads shall not be opened to vehicle traffic until concrete has cured to a minimum strength of 3,250 PSI.

PCC curb & gutter construction shall conform to Sta ndard Specifications Section 303-5 “Curb”.

When PCC work adjoins asphalt concrete pavement, the contractor shall neatly sawcut and excavate the asphalt a minimum of 1(one) foot from the existing and future PCC and a minimum of 6 (six) inches deep in order to set forms. This excavation shall be repaired to grade with asphalt concrete, full-depth in two lifts minimum. Each lift shall be compacted to 95% relative compaction. Payment for this excavation and repair shall be considered as part of the PCC construction, and no additional compensation will be allowed.

All curb, curb and gutter, cross gutters, and spandrels shall be replaced within three (3) calendar days. The Asphalt Concrete patch (Full-Depth AC Repair) shall be placed within two (2) working days after the curb and gutter, cross gutters, and spandrels are replaced. Removal of all sidewalks shall be replaced within three (3)calendar days.

Water meter boxes that are significantly cracked or damaged, as determined by the City, shall be repla ced with DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F 12100-0001\2654178v1.doc
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City-provided boxes. The contractor shall coordinate with the City.

G. FOUNDATIONS

Foundations shall conform to the provisions in Section 51, "Concrete Structures”, and Section 86-2.03, "Foundations", of the Caltrans Standard Specifications and these Special Provisions.

Portland cement concrete shall conform to Section 90-2, "Minor Concrete", of the Caltrans Standard Specifications and shall be Class 3 except pole foundations shall be Class 2.

Construct Type 332 controller cabinet foundation per Standard Plans ES-3C.

Vibrate all foundation concrete to eliminate air pockets.

H. CONDUIT

Conduit shall conform to the provisions in Section 86-2.05, "Conduit," of the Caltrans Standard Specifications and these special provisions.

Schedule 80 P.V.C. conduit shall be used. Conduit size shall be 2” minimum inside diameter unless otherwise specified on the project plans.

Conduit shall be installed by directional boring where possible.

After conductors have been installed, the ends of conduits terminating in pull boxes and controller cabinets shall be sealed with an approved type of sealing compound.

I. PULL BOXES

Pull boxes shall conform to the provisions in Section 86-2.06, “Pull Boxes”, of the Caltrans Standard Specifications and these Special Provisions.

Pull boxes shall be No. 5, No. 6, or No. 6E with fiberlite or equivalent cover and bolt down design unless otherwise indicated on plans.

a. “TRAFFIC SIGNAL”: Where pull box contains traffi c signal conductors with or without street lighting conductors or twisted pair copper communication conductors. b. “STREET LIGHTING”: Where pull box contains street lighting conductors only. “High VOLTAGE” shall be added where street lighting voltage is above 600 volts. c. “COMMUNICATION”: Where pull box contains twisted pair copper communication conductors only.

J. CONDUCTORS AND WIRING

Conductors and wiring shall conform to the provisions in Sections 86-2.08, "Conductors” and 86-2.09, "Wiring," of the Caltrans Standard Specifications and these special provisions.

The Contractor shall be responsible to install the number of conductors and/or cable(s) needed to operate the electrical system(s). Omissions in the conductor schedule or un-numbered conduit runs shall not constitute “Extra Work.” This also pertains to conductors for future phases indicated on the plan(s) for installation.

Where new conductors are to be installed in existing conduit as indicated on the Plans, conductors shall be installed in the manner specified in Section 86-2.09 of the Caltrans Standard Plans.

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Where existing conductors in new conduit is specified in the Plans, Contractor shall re-use the conductors in adjacent conduit specified to be abandoned on the Plans. New conductors may be spliced to existing conductors where new signal poles are to be installed in a relocated spot, with the splice occurring in the pull box nearest to the pole.

Conductors shall be spliced by the use of "C" shaped compression connectors. Splices in low voltage circuits (600 volts maximum) shall be insulated by Caltrans Method B.

Aluminum conductors shall not be substituted for copper.

K. BONDING AND GROUNDING

Bonding and grounding shall conform to the provisions in Section 86-2. 10, "Bonding and Grounding," of the Caltrans Standard Specifications and these special provisions.

Grounding jumper shall be attached by a 3/16 inch or larger brass bolt in the signal standard or pedestal and shall be run to the conduit, ground rod or bonding wire in adjacent pull box. Grounding jumper shall be visible after cap has been poured on foundations.

Equipment grounding conductors will be required in all conduits.

L. SERVICE

Service shall conform to the provisions in Section 86-2.11, "Service," of the Caltrans Standard Specifications and these special provisions.

The Contractor shall notify the Engineer in writing at least 15 calendar days in advance of the date in which he desires any service connections or disconnects to be made. The Contractor shall be entitled to no extension of time or other compensation for any delay to his operation resulting from his failure to give the prescribed notifications.

The fourth paragraph of Section 86-2.11 is amended as follows: It will be the Contractor’s responsibility to verify the location of the necessary connection for the traffic signal and lighting system. The Contractor shall be responsible for all costs involved in the installation of hand holes, conduit, risers, and vault entry as required by the utility company.

M. TRAFFIC SIGNAL FIELD TESTS

Field Tests shall conform to the provisions in Section 86-2.14, "Testing," of the Caltrans Standard Specifications and these special provisions.

In lieu of testing, the testing of traffic signal equipment, including controller units, fully wired cabinets and auxiliary equipment as specified in Section 86-3, "Controller Assemblies", of the Caltrans Standard Specifications will be performed by a laboratory selected by the Contractor and approved by the City. Approximately 21 days will be required for testing and notification of the final results. The Contractor shall be responsible for the cost of all testing. The Contractor shall be responsible for the cost of transportation of equipment to and from the designated laboratory.

The Engineer shall be informed not less than 48 hours prior to the intended turn-on and beginning of the functional test. The ten day functional test shall not start on a Friday, Saturday, Sunday, holiday or any day preceding a holiday.

The Contractor shall arrange to have a signal technician, qualified to work on the controller and employed by the DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F 12100-0001\2654178v1.doc
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controller manufacturer or his representative, present at the time the equipment is turned on, during the first day of the functional test and upon completion of field installation.

Prior to turn-on, all equipment as shown on the plans shall be installed and operable. All louvers, hoods and signal heads shall be directed to provide proper visibility. All signs, striping and pavement markings as required on the plans shall be in place prior to turn-on.

Turn-on shall take place only during the hours betw een 9:00 a.m. and 2:00 p.m. Tuesday through Thursda y and shall only occur in the presence of the Engineer and after his approval to proceed.

N. TRAFFIC CONTROLLER CABINET

The Contractor shall furnish and install Type 332 traffic signal controller cabinet and foundation at the locations as shown on the Plans. The Type 332 traffic signal controller cabinet and auxiliary equipment shall conform to the Los Angeles County Department of Public Works Specifications, see Appendix V.

The cabinet shall include the following items:

1. Cabinet wired Model 332 to include LED light, 2 flasher units, power supply – Model 206L, EDI approved conflict monitor, all relays required for 8 phase operation and using single pole 15A breakers with incorporated auxiliary.

2. Switch Load – Model 200

3. 204 flashers

4. Conflict monitor unit – EDI Model 210E LACO v0153

5. Sensor Loop – Model 222

6. Isolator DC – Model 242L

7. File Assembly output for Model 332 Cabinet Wired for red monitoring

8. Auxiliary output file – Model 420

9. Power Strip-12 outlets (Hard-wired to 15 Amp ‘Equipment’ circuit breaker) with 15-FT cord length

10. Pull-out drawer / tray assembly

11. Power supply assembly – Model 206L

12. Power distribution assembly #2 (PDA #2) with power supply – Model 206L

13. EDCO Product Number: SHA-1230FS or equivalent, transient voltage surge suppressor

O. ADVANCED TRAFFIC SIGNAL CONTROLLER

Traffic signal controller shall be a 2070 advanced traffic controller (ATC) with D4 firmware including SPaT and TSCBM message generation and export and ATC APL support as indicated on the Plans. Installation shall include a new 2010 ECL Conflict Monitor. Existing Type 332 cabinet shall be installed on a new foundation and wired as required for the operation as shown on the plans.

Flashing operation shall provide flashing red lights on all approaches.

Controller and cabinet assemblies shall be delivered complete for testing to a laboratory selected by the Contractor and approved by the City. The Contractor shall schedule the work to allow twenty-one (21) days for testing. The twenty-one day testing period shall be included within the time allowed for completion as stated in the Time of Completion and Liquidated Damages section of these specifications. The Contractor shall be responsible for all testing.

The Engineer shall be informed not less than 48 hours prior to the intended turn-on and beginning of the functional test. The ten-day functional test shall not start on a Friday, Saturday, Sunday, holiday or any day preceding a holiday.

Prior to turn-on, all equipment as shown on the plans shall be installed and operable. All signal heads shall be directed to provide proper visibility. All signs, striping and pavement markings as required on the plans shall be in place prior to turn-on.

P. BATTERY BACK-UP SYSTEM (BBS)

General. The Battery Back-up System (herein referr ed to as BBS) shall be designed for outdoor applica tions, in accordance with the Caltrans Transportation Electrical Equipment Specifications (TEES), latest edition, Chapter 1, Section 8 requirements. The BBS shall conform to C altrans Specification for Battery Back-up System fo r Traffic Signals utilizing Light Emitting Diodes (LED) Traffic signal Modules.

The battery back-up system shall include, but not be limited to the following: inverter/charger, power transfer relay, batteries, a separate manually operated non-electro nic bypass switch, side-mounted cabinet, and all ne cessary hardware and interconnect wiring. The BBS shall provide reliable emergency power to a traffic signal in the event of a power failure or interruption.

The BBS shall be compatible with State of Californi a, Department of Transportation Specification Model 332 Cabinets, Model 2070 Controllers, and cabinet components, for full-time operation.

The BBS shall be capable of providing power for full run-time operation for a full-LED signal intersection.

The BBS system shall be model SP1250LX-R as manufac tured by Clary Corporation or City approved equal. The BBS shall include bypass switch with GFI duplex, 5015R receptacle, cables, SNMP adapter, Ethernet ports, set of six (6) 41 AMP hr batteries.

BBS batteries and inverter shall be installed in the side-mounted cabinet. BBS side-mount Cabinet shall be model CBS-127 with exhaust fan as manufactured by Clary Corporation or City approved equal.

The Contractor shall supply and install the BBS and shall be complete and operational to provide the r equired service. The City shall require technical support by the equipment manufacturer / representative at “Turn On”.

Q. SIGNAL FACES, SIGNAL HEADS, AND PEDESTRIAN SIGNA LS

Signal faces, signal heads and auxiliary equipment, as shown on the plans, and the installation thereof, shall conform to the provisions in Sections 86-4.01, "Vehicle Signal Faces," 86-4.02, "Directional Louvers," 86-4.03, "Backplates," and 86-4.06, "Signal Mounting Assemblies," of the Caltrans Standard Specifications and these special provisions.

Signal section housing, back plates, visors, etc. shall be metal; plastic parts are not acceptable.

Light Emitting Diodes (LED) Traffic Signal Modules shall conform to the applicable requirements of Section 307, “Street Lighting and Traffic Signals” of the Standard Specifications for Public Works, Section 86, and “Signals, Lighting and Electrical Systems” of the Caltrans Standard Specifications, particularly Sections 86-4.02, and 86-

4.07, and the Caltrans LED signal module/combination pedestrian signal Purchase Specifications, and as shown on these Specifications.

All LED signal modules shall be 12” (300 mm).

All materials furnished and used shall be new.

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All systems shall be in satisfactory operation at the time of completion of work.

R. TOUCHLESS ACCESSIBLE PEDESTRIAN PUSH BUTTONS

APS must be on the Authorized Material List for Accessible Pedestrian Signals or Touchless Accessible Pedestrian Signals.

An APS must comply with the California MUTCD , chapter 4E, and must:

1. Have an audible speech message that plays when t he push button is actuated. The accessible pedestrian signal must have at least 5 audible message options.

2. Have a push button locator tone that clicks or b eeps.

3. Allow the pushbutton to activate the pedestrian phase during any failure of the APS features.

4. Have a controllable and programmable volume leve l and messaging.

5. Be weatherproof and shockproof.

6. Weigh 7 lb maximum.

7. Measure 16 by 6 by 5 inches, maximum.

8. Have a switch for a push button.

9. Have a vibrotactile device on the push button or on the arrow.

10. Have an internal weatherproof speaker.

11. Have a microphone that senses the ambient sound level.

12. Include touch-free technology.

Theft-proof bolts used for mounting the enclosure to the standard must be stainless steel with a content of 17 percent chromium and 8 percent nickel. The enclosure must be shaped to fit the pole's curvature.

The color of a metallic housing must match color no. 33538 of AMS-STD-595.

The color of a plastic housing must match color no. 17038, 27038, or 37038 of AMS-STD-595.

The separation between adjacent holes used for conductors and mounting must be at least twice the diameter of the larger hole.

The speaker grills must be located on the surface of the enclosure. The speakers must not interfere with the enclosure or its mounting hardware.

The signal interface cable between the APS and the pedestrian signal head must be rated for outdoor use and have a:

1. Four no. 18 stranded tinned copper conductors wi th a minimum insulation thickness of 15 mils

2. Cable jacket with a minimum thickness of 20 mils and rated for a minimum:

2.1. 300 V(ac)

2.2. 176 degrees F

3. Nominal outside diameter less than 350 mils

4. Conductor color code of black, white, red, and g reen

Touch-free technology must:

1. Activate a pedestrian phase when a pedestrian ha nd motion is detected during a set time interval

2. Have user adjustable detection area and time int erval parameters

3. Detect the pedestrian hand motion up to a 6-inch range from the face of the sensor within a minimum ± 45- degree cone zone from the center of the sensor.

S. LED INTERNALLY ILLUMINATED-STREET-NAME SIGNS
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Subsection 87-4.02C, "Internally Illuminated Street Name Signs", of the Caltrans Standard Specifications shall be deemed modified to include the following:

Internally illuminated street name signs shall be LED SlimLine models with Type IV photoelectric controls as manufactured by Western Pacific Signal, 15890 Foothill Blvd, San Leandro, CA 94578 or City approved equal.

Comply with the City of Manhattan Beach Standard Plan Numbers MBSI-184A-0, as included in Appendix III.

Minimum copy size for the legend shall be Series C with Series D or E being used whenever message length permits. Details of color, style, borders and spacing shall conform to the standard established by Caltrans.

Full-size layouts for each legend shall be submitted to the Engineer for approval prior to fabrication.

T. SIGNING AND STRIPING

All signing and striping shall conform to the California Manual on Uniform Traffic Control Devices (CA-MUTCD) 2014, Revision 6 edition.

Existing striping shall be removed by wet sandblasting or grinding prior to restriping.

All striping and pavement marking removals shall be tested for "lead content" per Cal/OSHA Construction Safety and Health Inspection Project (CSHIP). All c onflicting striping and pavement marking shall be removed per Cal/OSHA Standards Rules.

Crosswalk striping shall comply with the City of Ma nhattan Beach Standard Plan Number MBSI-174A-1 (ST-27) as included in Appendix III.

Painted traffic stripes (lane lines and speed limit markings) and applying thermoplastic pavement markings (word and symbol markings, limit lines, crosswalk, etc.) shall conform to the provisions in Section 84 , "Traffic Stripes and Pavement Markings," of the 2015 State Standard Specifications and these Standard and Special Technical Provisions.

The subparagraphs of the first paragraph in Section 84-2.02, "Materials," of the State of California Standard Specifications are amended to read:

State Specification No.

Rapid Dry Water Base, Traffic Line. —White, Yellow and Black PTWB -01

The second and third paragraphs in Section 84-2.02, "Materials," of the State of California Standard Specifications are amended to read:

State Specifications for traffic paint and glass be ads may be obtained from the Transportation Laboratory, 5900 Folsom Boulevard, S acramento, CA 95819-4612, telephone number 916.227.7289.

Glass beads shall conform to 1-ACOT type beads or equal.

The Contractor shall layout and “cat-track” the ali gnment of the proposed striping at 15 ft. intervals and “spot” the proposed pavement markings as called for on the Plans. Striping shall vary no more than 2 i n. in 50 ft. from the specified alignment. The Engineer may waive minor variations.

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markings until the Engineer has checked and approved the cat-tracking and spotting, and has authorized the Contractor to proceed.

Traffic striping shall be applied with airless equi pment. All traffic striping shall be performed with a road liner type striping machine. Where the configuration or location of a traffic stripe is such that the use of a road liner type striping machine is unsuitable, tra ffic paint and glass beads may be applied by other methods and equipment approved by the Engineer. The Engineer shall determine if the road liner type striping machine is unsuitable for a particular use.

Temporary tape or reflective markers utilized for the purposes of interim delineation of centerline, lane lines, limit lines, and crosswalk lines shall be applied u pon completion of surfacing and shall be placed to the side of the final striping pattern in such a way so that it will not interfere with the first coat of paint. The first coat of paint shall not be until seven (7) calendar days after the first coat. The second coat of pain t shall not be applied until seven (7) calendar days after the first coat. Each coat of paint shall be applied at the wet film thickness of 10-12 mils for white and yell ow paint and 7 mils for black paint. All paint shal l be applied at a relative humidity below seventy-five percent (75%) and an ambient temperature above 13° C (55° F), unless otherwise approved by the Engineer. Thermoplastic pavement markings shall be installed no earlier than (7) calendar days following the installation of final ARHM surface course.

Except for black paint, No. 1 reflective glass bead s shall be uniformly incorporated in all coats of p aint concurrently with the application of the paint. The glass beads shall be embedded in the coat of traff ic paint being applied to a depth of at least one-half their diameters. The reflective glass beads shall be applied to the first coat of paint at the rate of 1.5 lb. of beads per 0.26 Gal of paint, and to the second coat of paint at the rate of 2 lb. of beads per 0.26 Gal of paint.

Except as otherwise noted on the Plans or as directed by the Engineer, all angle points, as shown on the striping Plans shall be painted as a smooth, tangen t curve with a radius and length as approved in the field.

All temporary tape and reflective markers applied for the purpose of interim delineation shall be removed by the Contractor at no additional cost to the City upon completion of the first coat of striping and prior to the final striping.

Stencils used for pavement markings must conform to the latest Caltrans approved Metric Stenciling Standards.

Add to Subsection 84-1.04, “Protection from Damage, ” of the State of California Standard Specification s the following:

Newly painted or existing striping or applied thermoplastic pavement markings which are damaged as a result of the construction, including wheel markings by public traffic and the construction equipment, shall be repainted or thermoplastic replaced, and any associated removals shall be performed as outlined in these Special Provisions at the sole expense of the Contractor and no separate compensation will be allowed therefore.

Existing traffic striping and pavement markings that do not conform to the approved Plans shall be removed by wet sandblasting. Other methods may be requested by the Contractor, but shall be submitted in writing to the Engineer for approval. Blackout of existing traffic striping or pavement markings, which do not conform to the approved Plan, shall not be allowed.

Painting traffic stripes and applying of thermoplastic pavement markings shall not be separately measured.

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U. DETECTION CAMERA

Install video detection system complete by GRIDSMART or equal for detection at the Sepulveda Boulevard and Marine Avenue as per manufacturer’s specifications

Product Product Code
Tenon Bracket (1.9” to 4.5”) GS-3-TEN
Fiber Optic Cable 1000' GS-3-FIB
Field Support GS-3-FST
GRIDSMART GS2 Processor GS-3-GS2
GS2 Processor Rack Mount Brackets GS2-RMB
GS2 Processor TS2 Module GS2-TS2-OPT
Performance Plus Module GS-3-PFM+
SMARTMOUNT 2025 Bell Camera GS-3-SMK-F
TS2 Interface Cable GS-3-TS2

See Appendix IV for DETECTION CAMERA specifications.

V. CLOSED CIRCUIT TELEVISION (CCTV) SYSTEM

A traffic surveillance video camera with pan-tilt-zoom capabilities will be installed on a street ligh t pole at the west of the intersections of Marine Avenue and Cedar Avenue. The CCTV system shall be purchased, installed, and configured by the contractor and shall adhere to the City of Manhattan Beach standards and specifications. The pan-tilt-zoom cameras shall be the Autodome VG5-ITS1080P-30X4 by Bosch PTZ system, or approved equivalent in all aspects and f eatures. Contractor shall be responsible for all th e programming of the CCTV camera equipment including all network interfaces and connections. The Contractor shall furnish and install all additional materials to provide a complete operating CCTV sys tem for the intended operation. All CCTV system written materials, including specifications and warranty shall be delivered to the City of Manhattan Beach.

Materials

The dome camera shall be based around a solid-state microprocessor, operating on a non-Windows based platform and include a built-in web server pr oviding the user with full remote control of the cameras pan, tilt and zoom functionality.

The dome camera shall utilize a high quality 1/4" S ony EXview HAD progressive scan CCD with backlight compensation, electronic shutter and a removable IR-Cut filter providing automatic day/night functionality with images down to 0.01 lux@ F1.4 (30 IRE) in B/W mode and 0.5 lux at 30IRE in color mode. It shall also include a built-in motorized zo om lens of at least 29x optical zoom and 12x digita l zoom. The dome camera shall provide continues 360° pan support and provide user with at least 100 presets.

The dome camera shall deliver full frame rate 30fps NTSC high quality video in all resolutions up to 720x480 (NTSC) pixels over IP networks by using H.2 64 and MJPEG codecs and support multiple concurrent streams, using different codecs. The dome camera shall provide password protection, and support both IP address filtering and HTTPS to secure video and configuration data. It shall not require any dedicated software to operate, besides a W3Cstandards compliant web browser environment.

The dome camera shall be equipped with at least 4 a larm inputs and 4 outputs, and shall be capable of receiving triggers from third party devices to initiate alarms and/or image transmission, and offer e- mail (SMTP) capabilities as well as file upload (FT P) functionality in response to these triggers. The dome camera shall connect to the network via a RJ-45 with built in auto sensing and switching 10/100 Mbps Ethernet interface.

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City of MB Form
10-1

The dome camera shall be equipped with a heater/blower for the camera.

Functionality

The operator shall be able to remotely control the built-in variable speed pan/tilt functionality as w ell as the zoom lens and provide images of up to 53.1° horizontal angle of view.

Supported video resolutions shall include:

1080p HD 1920 x 1080
720p HD 1280 x 720

The dome camera shall allow the transmission of images at up to 30 frames per second, using H.264 format with no modification or alteration of the images.

The dome camera shall contain a built-in web server to make video and configuration available in a standard browser environment, with no need for additional software. When accessed from a browser, the built-in web server shall provide users with online, context sensitive help.

The dome camera shall support both fixed IP address es and dynamically assigned IP addresses (provided by a DHCP server). It shall also allow au tomatic detection of the camera based on UPnP, when using a PC with an operating system that supports this feature.

The dome camera shall provide the ability to control network traffic by limiting the maximum bandwidth to a selected value. Furthermore, it shall be possi ble to limit the frame rate per viewer to a selecte d value, as well as the duration of each viewing session.

The dome camera shall provide the ability to send o perational and technical information using a standard SMTP mail server.

The dome camera shall provide embedded on-screen text in the video, with support for date and time, and a customer-specific text, camera name, of at least 32 ASCII characters. It shall also allow for the overlay of a graphical image, such as a logotype, into the video.

The dome camera shall provide local time and date, including support for daylight saving time. To ensure accuracy, the camera shall accept external time synchronization from an NTP (Network Time Protocol) server.

The dome camera shall support simultaneous viewing by up to 20 clients. To avoid improper use and configuration, the camera shall provide support for defining users and passwords, for a minimum of three different types of users.

To avoid conflicts, the dome camera shall provide q ueue functionality for operators requesting pan/tilt/zoom-related control, which shall include duration of control as well as the number of operators in queue. The dome camera shall support the use of HTTPS and the ability to upload signed certificates to provide an encrypted and secure communication of both administration and video streams. It shall also allow restriction of users to pre-defined IP addresses only, so called IP filtering.

To improve functionality, the dome camera shall allow the user to write scripts, controlling events and other user functions.

LEDs shall indicate the dome camera's operational s tatus and provide information about power, communication with receiver, the network status, and the camera status.

DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F 12100-0001\2654178v1.doc
City of MB Form
10-1

Customer-specific settings, including the IP addres s, the local time and date, event functionality and video configuration, shall be stored in a non-volat ile memory and shall not be lost during power cuts or soft resets.

The dome camera shall support SNMP v1/v2c/v3 (MIB-11) for continuous monitoring of camera status.

Hardware

The dome camera shall have a minimum of 128MB Flash memory and 256MB RAM memory shall be installed. This memory shall provide ability to, depending on settings, define up to 9MB for pre- & post alarm recordings. The dome camera shall have a data throughput of at least 20 Mbps on the network port.

The dome camera shall incorporate an optical zoom l ens, Automatic Gain Control (AGC), Automatic and Manual White Balance, Backlight compensation and an electronic shutter operating between 1/60 (NTSC) and 1/10.000. The dome shall be equipped wit h a removable IR-cut filter providing so-called day/night functionality. It shall operate at light levels down to 0.5 lux @ F1.4 (30 IRE) in color mod e and down to 0.01 lux @ F1.4 (30 IRE) in B/W mode.

The dome camera shall be equipped with a minimum of 4 control (alarm) inputs and 4 outputs, accessible via screw terminal. Mating connector sha ll be supplied with the camera. Inputs shall be configurable to respond to normally open (NO) or normally closed (NC) dry contacts, or to either active low or active high TTL/CMOS compatible electronic o utputs. This functionality, including the default state, shall be programmable through the web interface.

The dome camera shall be connected to a network usi ng 10 BaseT Ethernet or 100baseTX Fast Ethernet via a standard RJ-45 socket and shall support autosensing of speed.

The dome camera shall be manufactured in a solid NE MA 4X-rated all-metal casing (aluminum) and be equipped with suitable installation material including gooseneck outdoor pole mounting brackets in metal.

The dome camera shall be able to provide continuous 360° operation in pan-mode, and shall operate with a speed of up to 360°/sec. Power shall be provided through screw terminals and the dome camera shall operate with 120 VAC with a heater and blower.

Software

The dome camera software shall incorporate IPv4/v6, HTTP, HTTPS, SSL/TLS, QoS Layer 3 DiffServ, FTP, CIFS/SMB, SMTP, Bonjour, UPnP, SNMPv1/v2c/v3 (MIB- 11), DNS, DynDNS, NTP, RTSP, RTP, TCP, UDP, IGMP, RTCP, ICMP, DCHP, ARP, SOCKS protocol support.

The dome camera shall be monitored by a watchdog fu nctionality, which shall automatically reinitiate processes or restart the dome camera if any miss functional behavior is detected.

Software (firmware) updates shall be possible through the network, using FTP or HTTP.

The dome camera shall incorporate support for Shell scripting to allow customer specific functions to be created. A fully open and published API (Application Programmers Interface) shall support the dome camera, providing all necessary information needed to integrate functionality into third party applications.

Environmental

DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F 12100-0001\2654178v1.doc
City of MB Form
10-1
The dome camera shall operate successfully in a temperature range from -20 to 50 degrees C, and in a humidity range of 10-100% RH (condensing). The do me camera shall conform to NEMA TS2 requirements for power as well as IP66 environmental standards.

Approvals and standards

The unit shall carry the following approvals: EMC:

CE Compliant according to: EN55024:1998 + A1 +A2, E N55022:1998 + A1 Class B, EN61000-3 2:2000, EN61000-3-3:1995 + A1
FCC Part 15 subpart B Class B, by compliance with EN55022:1998 Class B VCCl:2003 Class BITE
C-tick AS/NZS 3548
Canadian ICES-003 B, by compliance with EN55022:1998 Class B

Safety:

EN60950

Power over Ethernet:

High Power of Ethernet (High PoE) IEEE 802.3at, max. 60W NPD-60001A High PoE Midspan 1-port

Camera Mounts (Dome Cameras)

The outdoor mount assembly shall include a Gooseneck Outdoor Pole mount assembly. The housing assembly and mounting hardware shall be provided with mounting bolts, banding straps and clips and a banding tool for the installation of the pole mount. Smoked dome cover shall be provided as well.

W. AS-BUILT PRINTS

The Contractor is required to submit to the Engineer "As-Built" prints prior to the City accepting the work. The prints shall indicate, in red, all deviations from the plans such as, but not limited to: locations of poles, pull boxes, detectors and conduit runs, depths of conduit, number of conductors and other appurtenant work.

X. WORK ZONE AND SITE MAINTENANCE

The Contractor shall keep the size of the work zone to a minimum at all times to minimize impacts to business entities adjacent to the work zone. Work shall be phased in a manner such that the size of the impact of the work is as small as possible. No lane closures to occur between 7:30am to 9:00am and 3:30pm to 5:00pm.

At the conclusion of work each day, traffic control not necessary to provide for public safety shall be removed from the site. All potholes, trenches, and other holes shall be patched at the conclusion of work to provide for the safety and free movement of vehicles and pedestrians, and access shall be restored to all driveways. All equipment and vehicles owned by the contractor shall be removed from the site at the conclusion of work each day.

Y. PAYMENT

The contract Lump Sum price bid for Traffic Signals, as shown on the bid schedule shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for installing the traffic signal related work involving placing, removing, storing, maintaining, replacing and disposing of the components of the traffic signal as specified in the Standard Specifications, plans and these specifications, and as directed by the Engineer. Payment shall be lump sum of total contract work performed and no additional compensation will be allowed therefor.

DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F 12100-0001\2654178v1.doc
City of MB Form
Appendix I-1

APPENDIX I

PROGRESS PAYMENT REQUEST FORM

TO: CITY OF MANHATTAN BEACH
Engineering Division, 1400 Highland Avenue, Manhattan Beach, CA 90266 PROJECT TITLE _____________________________________________________________________________________________ PROJECT NO. _________________________________________________________________________ FROM: CONTRACTOR _ _ _ Date ________________________
Address ____________________________________________________________________________________________________ Telephone _
Submitted by _
Progress Estimate # _
Contract Award Amount $ _

No. Description Contract
Quantity
Previous
Quantity
Quantity This
Estimate
Unit
Price
Amount
This
Estimate
Total Quantity
to Date
Total Amount
to Date

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.

13. 14.

Total
Less Retention
Less Previous Billing(s)
Total Amount Due

City Approval: _ _ Date: _

NOTE: An updated Project Schedule must be provided with each monthly progress payment in accordance with Section 6-1 of the General Provisions in addition to a Conditional Waiver and Release form per Section 9 -3.2.1

DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F 12100-0001\2654178v1.doc
City of MB Form
Appendix II-1

APPENDIX II
CONTRACTOR’S DAILY REPORT TO THE CITY
(Only the Contractor’s Foreman and Superintendent is authorized to complete this form.)

Project Name : _ _ Project Location:

Date: Report No.: _ Start Time: _ End Time:

Contractor’s Company Name : _ _

Contractor’s Foreman/Superintendent: _ _
Name Signature
Work Accomplished

Equipment on Site Hours

Workers on Site Classification Hours Company

Note: It is the responsibility of the Contractor to provide this completed form to the City every work ing day by 5:30 PM, without fail. Failure to do so may result in the corresponding monthly progress payment to be delayed DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F 12100-0001\2654178v1.doc
City of MB Form
Appendix III-1

APPENDIX III

APPLICABLE CITY STANDARD PLANS

DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F

MEDIAN ISLAND(AS APPLICABLE)
GENERAL NOTES:1.CROSSWALKS SHALL BE ALIGNED WITH THE CURB RAMP TO PROVIDE A PEDESTRIAN PATH WIDTH OF 4 FEET MINIMUM.2.AT LOCATIONS WHERE THE REQUIRED LANDING AT THE BASE OF A CURB RAMP DOES NOT FALL WITHIN THE PROJECTION OF THE OUTER LIMITSOF CROSSWALKS, ADD DIAGONAL MARKING AS SHOWN.3.LIMIT LINES ARE REQUIRED AT ALL STOP AND SIGNALIZED APPROACHES. LIMIT LINES SHALL NOT BE USED AT UNCONTROLLED APPROACHES.4.THERMOPLASTIC MATERIAL SHALL BE PTH-02ALKYD PER CALTRANS STANDARD SPECIFICATIONS.5.GLASS BEADS SHALL BE 8010-004 (TYPE II) PER CALTRANS STANDARD SPECIFICATIONS.6.CONTINENTAL CROSSWALK MARKINGS SHALL BE PARALLEL TO TRAFFIC AND SPACED TO AVOID WHEEL PATH.7.CROSSWALK WIDTH MAY BE ADJUSTED BY ENGINEER TO ACCOUNT FOR PEDESTRIAN TRAFFIC VOLUME, RAMP LOCATION(S), AND/OR PEDESTRIANPUSH BUTTON LOCATION(S). CROSSWALK WIDTHS TO BE IDENTIFIED ON PROJECT DRAWINGS.8.WHERE SIGNAL DETECTION LOOPS ARE REQUIRED, FRONT LOOPS SHALL CONFORM TO TYPE D PER CALTRANS STANDARD PLAN RSP ES-5B.ADVANCE LOOPS SHALL CONFORM TO TYPE E PER CALTRANS STANDARD PLAN RSP ES-5B. DETECTION LOOPS TO BE INSTALLED PRIOR TOAPPLICATION OF NEW ROADWAY MARKINGS AND STRIPING.9.ALL WORK SHALL BE PERFORMED IN ACCORDANCE WITH THE CALTRANS STANDARD PLANS AND SPECIFICATIONS, LATEST EDITION, ANDSUPPLEMENTS THERETO, AND TO THE SATISFACTION OF THE ENGINEER.10.CONTRACTOR SHALL CATTRACK ALL STRIPING FOR CITY APPROVAL PRIOR TO FINAL STRIPING.CITY OF MANHATTAN BEACHDEPARTMENT OF PUBLIC WORKSCONTINENTAL CROSSWALK MARKINGSMBSI-174A-1 (ST-27)STANDARD PLAN NUMBERSHEET 1 OF 1

NOT TO SCALE
APPROVED BYPREM KUMAR, P.E., CITY ENGINEERDATE
DATE REVISED05/15/2019
10' TYP.,SEE NOTE 7.2' TYP.

LIMIT LINE, TYP.SEE NOTE 3.
12" TYP.3' SPACING TYP.
5' TYP.
4'TYP.

LANE LINES(AS APPLICABLE)CENTER LINE, TYP.CURB FACE (TYP) OR EDGE OFTRAVEL LANE, IF NONE.

CROSSWALK COVERAGE MUSTEXTEND TO AT LEAST THEMIDDLE OF THE CURB RAMP. 12"TYP.10' TYP.TYPE D LOOP.SEE NOTE 8.

TYPE E LOOP.SEE NOTE 8.
4'TYP.
3'TYP.

ALL CONTINENTAL BARS TOREMAIN RECTANGULAR IN SHAPE.MAINTAIN ALIGNMENT WITHVEHICULAR PATH OF TRAVEL. 07/28/2021
SEENOTE 2.
4'MIN.

SEE NOTE 1.

STREET R/W LINE, TYP.
07/29/2021
DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F

CITY OF MANHATTAN BEACHDEPARTMENT OF PUBLIC WORKSAPPROVED BYPREM KUMAR, CITY ENGINEERDATESTANDARD PLAN NUMBER

DATE REVISED
MBSI-184A-0
03/10/2021 NOT TO SCALE
INTERNALLY ILLUMINATED STREET NAME SIGNSHEET 1 OF 2
NEW PANEL:BACKGROUND:WHITE BACKGROUND WITH DARK GRAY (PANTONE: 179-14C) EXTERIOR GRADE PAINT LEGEND.CITY LOGO:MUST BE IN COLOR, 11" DIAMETER, AND HAVE SAME CENTERLINE AS STREET NAME UPPER CASE LETTER CENTERLINE.LEGEND LETTER STYLE:SPARTAN MB SEMIBOLDLETTER SIZE:STREET NAME: 10" UPPER CASE AND 6" LOWER CASESTREET NAME SUFFIX:5" UPPER CASE AND 3" LOWER CASENOTE:1.ALL SPECIFICATIONS SHALL BE PER CALTRANS STANDARD PLANS ES-7P "TYPE A" SIGN EXCEPT UNLESS NOTED OTHERWISE ORAPPROVED BY CITY ENGINEER.2.SEE SHEET 2 FOR INTERNALLY ILLUMINATED STREET NAME SIGN (IISNS) SPECIFICATIONS.3.THE INTERNALLY ILLUMINATED SIGN BOX SHALL INCLUDE 2 IDENTICAL PANELS. (ONE PANEL ON EACH FACE OF THE SIGN BOX)4.THE SHOP DRAWING FOR ANY IISNS SIGN SHALL BE REVIEWED AND APPROVED BY THE CITY'S MAINTENANCE AND/OR ENGINEERINGDIVISION PRIOR TO FABRICATION. 2 1/2"MIN.STANDARD INTERNALLY ILLUMINATED STREET NAME SIGN PANELNOT TO SCALE 11"
10"
18"
5"
72" MIN.

MANHATTAN BEACH COLORED CITY LOGO WITH7/32" DARK GRAY STROKE AROUND PERIMETER OFLOGO. DARK GRAY TO BE PANTONE: 179-14C.DARK GRAY LETTERS TO BEPANTONE:179-14C.FONT: SPARTAN MB SEMIBOLD ℄
WHITEBACKGROUND3"MIN. 2 1/2"MIN.
3"4" 3"MIN.
3 1/2"
4 1/2"
3/15/2021
DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F

CITY OF MANHATTAN BEACHDEPARTMENT OF PUBLIC WORKSAPPROVED BYPREM KUMAR, CITY ENGINEERDATESTANDARD PLAN NUMBER

DATE REVISED
MBSI-184A-0
03/10/2021 NOT TO SCALE
INTERNALLY ILLUMINATED STREET NAME SIGN SPECIFICATIONSSHEET 2 OF 2 INTERNALLY ILLUMINATED STREET NAME SIGNTHE 0.125" THICK SIGN PANELS, SIZED AS REQUIRED, MUST BE ULTRAVIOLET PROTECTED CLEAR POLYCARBONATE (LEXAN) WITHTRANSLUCENT HIGH PERFORMANCE WIDE ANGLE PRISMATIC LENS REFLECTIVE SHEETING (3M TRANSLUCENT DIAMOND GRADE 4000 ORAPPROVED EQUIVALENT).THE CLEAR LEXAN SIGN PANEL MUST BE COVERED ON ONE SIDE WITH REFLECTIVE SHEETING AND MUST BE SCREEN PRINTED WHITE ON THESHEETING SIDE USING SHEETING MANUFACTURERS MATCH COMPONENT INK SO THAT THE LEGENDS ARE DARK GRAY PANTONE: 179-14CAND THE LOGO IS IN COLOR WITH A PANTONE: 179-14C DARK GRAY 7/32" STROKE AROUND THE PERIMETER OF THE LOGO. THE WHITEMUST MATCH THE STANDARD CALTRANS WHITE HIGHWAY GUIDE SIGNS.LEGENDS (LETTERS) AND SPECIFIED NUMBERS ARE TO BE THE FOLLOWING SIZES:THE CITY LOGO MUST BE IN COLOR AND 11" DIAMETER.STREET NAME LETTERS ARE PANTONE: 179-14C DARK GRAY 10" HIGH UPPERCASE AND 6" HIGH LOWERCASE.STREET SUFFIX MUST BE DARK GRAY PANTONE: 179-14C 5" HIGH UPPERCASE AND 3" HIGH LOWERCASE.REFER TO SHEET 1 FOR PANEL LAYOUT DIMENSIONS.USE METRIC EQUIVALENTS AS NECESSARY. LOWERCASE LETTERS MAY BE IN PROPORTION TO UPPERCASE LETTERS.ALL LETTER SIZING AND SPACING MUST MEET FHWA SPACING GUIDELINE UNLESS MINOR VARIATIONS ARE APPROVED BY THE CITYENGINEER.THE INTERNALLY ILLUMINATED SIGN BOX SHALL INCLUDE 2 IDENTICAL PANELS. (ONE PANEL ON EACH FACE OF THE SIGN BOX)THE FINISHED SIGN PANELS MUST INCLUDE AND BE INSERTED IN A FRAME AND TOGETHER FIT INTO AN EXISTING "TYPE A" INTERNALLYILLUMINATED STREET NAME SIGN. SEE CALTRANS STANDARD PLAN ES-7P FOR HOUSING AND MOUNTING.ALL SPECIFICATIONS MUST MEET CALTRANS STANDARD PLAN ES-7P "TYPE A" 18" HIGH x 72" LONG (MINIMUM LENGTH) SIGN EXCEPT ASNOTED. IT IS THE SIGN FABRICATOR'S RESPONSIBILITY TO VERIFY THE DIMENSIONS OR SIZE OF THE EXISTING SIGN PANELS AND SIGNPANEL FRAME BEING REPLACED. SLIGHT VARIATIONS ARE ALLOWED AND MUST BE APPROVED BY THE CITY ENGINEER.THE LIGHT SOURCE SHALL BE IN ACCORDANCE WITH CITY ENGINEER.

FRAMEINTERNALLYILLUMINATED SIGN BOX
WHITE REFLECTIVE SHEETINGBACKGROUND WITH DARK GRAYPANTONE: 179-14C LEGEND(LETTERS) 3/15/2021
DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F CITY OF MANHATTAN BEACHDEPARTMENT OF PUBLIC WORKSCONCRETE PAVEMENT REPLACEMENTMBSI-133A-1APPROVED BYPREM KUMAR, CITY ENGINEERDATESTANDARD PLAN NUMBERSHEET 1 OF 1

DATE REVISED
03/12/2019
SAWCUTEX. PCC PAVEMENTEX. PCC PAVEMENT

EXISTINGLONGITUDINAL JOINTEXISTINGTRANSVERSE JOINTEXCAVATIONEXCAVATIONEXCAVATION 3'MIN3'MINSAWCUTSAWCUT
SAWCUT

SAWCUTSPERPENDICULARTO EXISTING JOINTSSAWCUTSAWCUT
LESSTHAN 3'
3' ORMORE3'MIN3'MINLESSTHAN 3'3' MIN

SECTION

PLANNOT TO SCALE
NOT TO SCALE3'MIN
NOTES1.ALL WORK SHALL BE PERFORMED IN ACCORDANCE WITH THE "STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION", MOST RECENTEDITION, AND ALL SUPPLEMENTS THERETO TO THE SATISFACTION OF THE ENGINEER OR AS MODIFIED HEREIN.2.FOR CONCRETE PAVEMENT RESTORATION, APPLY BONDING AGENT TO ALL EXISTING EXPOSED CONCRETE SURFACES PRIOR TO POURING FRESHCONCRETE. BONDING AGENT SHALL BE SIKA-ARMATEC-110EPOCEM ADHESIVE OR APPROVED EQUAL. SURFACES TO RECEIVE BONDING SHALL BECLEAN AND FREE OF DIRT OR LOOSE MATERIAL.3.NEW PCC PAVEMENT SHALL BE 560-C-3260 OR HIGHER PLUS 1" THICKER THAN THE EXISTING CONCRETE, 6" MIN.4.THE EXTENT OF REPAIRS FOR CONCRETE CUTS NOT SHOWN ON THIS STANDARD OR CUTS MADE WITHIN 3' OF EXISTING PATCHES, CRACKS, ORDETERIORATED SLABS SHALL BE DETERMINED BY THE CITY ENGINEER. IF THE TRENCH EXCAVATIONS ARE LESS THAN 3' APART OR LESS THAN 3'FROM A CONCRETE CURB, GUTTER, OR EXPANSION JOINT, THE RESTORATION SHALL BE CONTINUOUS BETWEEN EXCAVATION AND/OR THE EDGEOF GUTTER.5.SAWCUTTING IS REQUIRED AROUND THE PERIMETER OF THE FINAL EDGE OF ALL EXCAVATION TO PROVIDE CLEAN, VERTICAL SIDES.6.ALL TRAFFIC STRIPING AND/OR MARKINGS REMOVED BY RESTORATION WORK SHALL BE REPLACED.7.CONCRETE RESTORATION MUST BE DOWELED TO EXISTING CONCRETE PAVEMENT WITH #4 EPOXY COATED DOWELS PER ASTM A775 AT 16" O.C.WITH APPROVED EPOXY FILL MIN EMBEDMENT= 4"8.EXPANSION JOINT FILLER AND JOIN SEALANTS SHALL BE INSTALL BY SECTION 201-3 OF THE STANDARD SPECIFICATION. THE JOINT SEALANTSHALL BE A TWO-COMPONENT, NON-SAG TRAFFIC-GRADED MATERIAL. IT SHALL BE APPLICABLE IN HORIZONTAL, VERTICAL, AND OVERHEADJOINTS. THE SEALANT SHALL BE PRINCIPALLY A CHEMICAL CURE TO FORM AN ELASTOMERIC SUBSTANCE.

SEE NOTE #7SEE NOTE #7SEE NOTE #3EXISTING BASE
06/01/2020
6/3/2020
DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F 12100-0001\2654178v1.doc
City of MB Form
Appendix IV-1

APPENDIX IV

DETECTION CAMERA SYSTEM

DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F Part Number: GS-3-SMK-F
GRIDSMART Technologies, Inc. | 10545 Hardin Valley Road, Knoxville, TN 37932 USA | [email protected] | +1 865.482.2112 SMARTMOUNT2025

SPECIFICATIONS
PoE FIBER MEDIA CONVERTERS
Connectivity: M12 (to Camera)
RJ-45 CAT5e (to Processor)
Dimensions: 5.1" x 8.0" x 1.9" (12.95 x 20.32 x 4.82 cm) Weight: 0.7 lbs (0.32 kg)
Material: Polycarbonate/ASA blend
UV Stabilized
Environmental: -29° F to 165° F (-34° C to 74° C) Rated: IP66

MOUNTING KIT
Weight: 2.75 lbs (1.25 kg)
(2 lbs camera mounting hardware and
screws, 0.75 lbs cable)
Wind Tunnel Tested: >150 mph

BELL CAMERA
Connectivity: M12
Dimensions: 9.4" x 7.95" (23.88 x 20.19 cm)
Weight: 5.6 lbs (2.54 kg)
Cable Length: 13.55’ (4.13 m) for SMARTMOUNT Pole only

POLE
Dimensions: 7’ extension (2.1 m)
3’ elbow (0.91 m)
Weight: 13.3 lbs (6.03 kg)
(13 lbs pipe, 0.3 lbs aluminum pipe connector)
Material: 1.5” (3.81 cm) schedule 40 aluminum pipe -
6063-T52
SMARTMOUNT2025 delivers the industry’s first fiber optic solution, upgrading traditional SMARTMOUNT with a fiber optic connection between the Bell Camera and GS2 Processor. SMARTMOUNT2025 allows for a greater range than traditional Power over Ethernet (PoE) methods, offering more than 2,000 feet of cable without the need for a repeater. Fiber optic lines are virtually impervious to electromagnetic interference (EMI) and deliver flawless communication performance.

SMARTMOUNT2025 includes the iconic Bell Camera, GRIDSMART custom modular pole assembly, SMARTMOUNT Bracket, and two (2) PoE Fiber Media Converters. The pole assembly has been independently tested for wind speeds up to 150 mph. All SMARTMOUNT2025 installations require both a GRIDSMART FAE onsite to assist and must be done with the GRIDSMART FASTConnect Universal Toolkit or your GRIDSMART Warranty will be voided. The FASTConnect Universal Toolkit provides industry leading tools for simple and proper fiber termination.

DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F Part Number: GS-3-SMK-F
SMARTMOUNT2025 OVERVIEW
GRIDSMART Technologies, Inc. | 10545 Hardin Valley Road, Knoxville, TN 37932 USA | [email protected] | +1 865.482.2112 DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F

SPECIFICATIONS

DESCRIPTION
GRIDSMART’s custom Fiber Optic/Power Hybrid cable conducts both power and high-speed data. This cable features a rugged, outdoor hybrid design with four (4) tight buffered/breakout fibers and two (2) copper conductors with an overall flame-retardant jacket. Water swellable aramid yarns are pulled in with tight buffered fibers under a sub-unit jacket.

GRIDSMART's custom Fiber Optic cable also features a ripcord under the overall sheath for easier jacket removal.

GRIDSMART Technologies, Inc. | 10545 Hardin Valley Road, Knoxville, TN 37932 USA | [email protected] | +1 865.482.2112 Part Number: GS-3-FIB

FIBER OPTIC CABLE
Insulated Stranded
Conductor
Central Strength
Member
Outer Jacket
Tight Buffered
Breakout Sub-Unit
Ripcord
Water Swellable
Aramid Yarns
Fiber:

Conductor:

Jacket:

Sub-Jacket:

Central Strength
Member:

Environmental:

Regulatory:

Standards:

Weight:

OM3 Multimode 50/125 BIF , 10GIG
Stranded Bare Copper (Size - 16 AWG)
UV-resistant black flame-retardant Polyvinyl Chloride (PVC), Outer Diameter of 0.40 – 0.42 in. (10.2 – 10.7mm)
Thermoplastic Elastomeric Material, Outer Diameter of 0.095 in. (2.4mm) Epoxy Glass Rod
-40°F to 158°F (-40°C to 70°C)
RoHS Compliant
Complies with or exceeds IEC 60793-2-10, TIA-492AAAD Optical Fiber Specification 85 lbs / 1000 ft (Includes weight of reel)
DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F

SPECIFICATIONS
The GS2 Processor and iconic Bell Camera are the hardware components of the GRIDSMART System. The GRIDSMART
System tracks objects to deliver accurate actuation and data collection solutions.

The forever-lasting LED front panel personifies GRIDSMART transparency, providing immediate feedback on system
performance by displaying real-time detection calls and light states.

The GS2 Processor can be installed horizontally, vertically, or rack mounted for your convenience. GS2 is housed in a rugged, powder coated aluminum housing with a latch release allowing access to internal components without tools.

Part Number: GS-3-GS2
Detector I/O: TS1, TS2, 170/2070, or ITS interface
Connectivity: Wide Area Network (WAN)
Dimensions: 8.5” x 11.5” x 1.75"
(20.6 x 29 x 4.5 cm)
Weight: 5.2 lbs
(2.4 kg)
Environmental: -29°F to 165°F (-34°C to 74°C)
NEMA TS2
0-95% non-condensing

Power: 120/240 VAC 50/60 Hz
Consumption: 35W nominal
85W with active camera heaters
Regulatory: FCC Class A
Video Output: MJPEG Color
GS2 PROCESSOR
GRIDSMART Technologies, Inc. | 10545 Hardin Valley Road, Knoxville, TN 37932 USA | [email protected] | +1 865.482.2112 DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F

GRIDSMART BRACKETS
GRIDSMART Technologies, Inc. | 10545 Hardin Valley Road, Knoxville, TN 37932 USA | [email protected] | +1 865.482.2112 Part Number: GS-3-RMB

RACK MOUNT BRACKET
The Rack Mount Bracket (RMB) is used to mount the GS2 Processor in an EIA standard 1U rack mount.

CABLE BRACKET
The Stellar ASTRO-BRAC Cable Mount Kit is used for connecting a 1.5 inch (3.81 cm) diameter camera mount pole to a larger pole or arm. The 84 inch (213.36 cm) cable is compatible with poles 4.0 to 11.6 inches (10.16 to

29.46 cm) in diameter. Additional sizes are available for larger poles.

Part Number: GS-3-CBL

TENON BRACKET
The Stellar Tenon Mount Clamp Kit is used for connecting a 1.5 inch (3.81 cm) pole to a Luminaire Arm. It is compatible with poles 1.9 to 4.5 inches (4.83 to 11.43 cm) in diameter.

Part Number: GS-3-TEN
DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F

GRIDSMART CONNECTORS
Part Number: GS2-TS2-OPT
TS2 MODULE
The TS2 Module is the I/O Controller for the GS2 Processor. The module communicates to the traffic controller via the shared bus using the SDLC protocol. It can be configured for one (1) or up to as many as four (4) BIUs.

The TS2 Module is installed in the open bay on the front of the GS2 Processor.

The TS2 Cable is used to connect the GS2 Processor TS2 Module with a TS2 Controller. The shielded cable is six (6) feet (1.83 m) long and features 24 AWG datagrade wire, pre-terminated from one DB15 male and Y-splitting to one female DB15 and one male DB15, enclosed in an aluminum cage for added interference protection.

TS2 CABLE
Part Number: GS-3-TS2
GRIDSMART Technologies, Inc. | 10545 Hardin Valley Road, Knoxville, TN 37932 USA | [email protected] | +1 865.482.2112 Part Number: GS2-TS1-OPT
TS1 MODULE
The TS1 Module is the I/O Controller for the GS2 Processor. The module contains 24 optically isolated inputs and outputs rated for 24 VDC. The inputs are used to detect the phase state while the outputs are used as detector outputs. The TS1 Module is installed in the open bay on the front of GS2.

TS1 CABLE
The TS1 Cable set is used to connect the GS2 Processor TS1 Module with a TS1 Controller, or used to connect the GS2 to the Controller Breakout Panel when used with a type 170 or 2070 controller. The cable is 9 feet (2.74 m) long and provides TS1 cabinets with 24 active, low inputs and outputs.

Part Number: GS-3-TS1
DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F GRIDSMART Technologies, Inc. | 10545 Hardin Valley Road, Knoxville, TN 37932 USA | [email protected] | +1 865.482.2112 Part Number: GS-3-ITS

ITS CABLE
The ITS Cable is used to directly connect the GS2 ITS Module with an ITS Controller. Double-shielded LSZH cable design is five (5) feet (1.52 m) long and features 24 AWG datagrade wire, pre-terminated to DB25 male and female D-Sub connectors enclosed in an aluminum cage for added interference protection.

Part Number: GS2-ITS-OPT

ITS MODULE
The ITS Module is the I/O Controller for the GS2 Processor. The module will communicate to the traffic controller via the shared bus utilizing the SDLC protocol. It can be configured for one (1) or up to as many as five (5) SIUs.

The ITS Module is installed in the open bay on the front of GS2.

C12 CABLE
The C12 Cable is required for the GS2 Processor to interface with a type 2070 controller. The cable is five (5) feet (1.52 m) long with a male DB25 connector on one end and a male DB15 connector on the other. The controller is able to send phase information and receive calls using an SDLC protocol.

Part Number: GS-3-C12
C1-Y CABLE
The C1-Y Cable is used to connect the GS2 Processor TS2 Module to a TS1 Module and a 170/2070 traffic controller C1 port. This Y-cable has two six (6) feet (1.82 m) lengths with 104pos M/F connectors at the Y and a DB25M and DB25F on opposite ends. It replaces both the Controller Breakout Panel (GS-3-CBP) and TS1 Cable (GS-3-TS1).

Part Number: GS-3-C1Y

CONTROLLER BREAKOUT PANEL
The Controller Breakout Panel requires a TS1 Cable (GS-3-TS1) and connects to a type 170 or 2070 Controller. It includes a three (3) feet (0.92 m) long cable with connectors that can connect into the C1 cable harness.

Part Number: GS-3-CBP
DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F GRIDSMART Technologies, Inc. | 10545 Hardin Valley Road, Knoxville, TN 37932 USA | [email protected] | +1 865.482.2112

SOFTWARE MODULES
Automated Reports
Receive your frequently used reports via email automation. Requires an external antenna or Wide Area Network (WAN) connectivity for operation.

GRIDSMART Cloud Reports
Avoid unnecesary trips to the traffic cabinet by backing up your data on GRIDSMART Cloud. Requires an external antenna or WAN connectivity for operation.

Alerts
Email alerts are delivered upon each of the below occurrences. All Alerts require an external antenna or WAN connectivity for operation.
• All System Events sends alerts on system events such as Publish, Startup, IP address change, Camera Offline/Online.

Note: Camera Offline/Online and Engine Restart events will send email alerts and back up on GRIDSMART Cloud once daily.
• Loss of Visibility sends alerts when camera visibility is lost for any zone. • Volume Exceeded sends alerts when the site or zone volume exceeds a set amount. • Flash sends alerts when the intersection is suspected to be in flash. • Zone Activated sends alerts when a zone is activated. Note: This feature is also used for wrong-way detection.

Counting Reports
Volume
Turning Movement Count
Incident
Raw Export
Seven-Day Volume
Green Occupancy
Red Occupancy
Percent Arrivals on Green
Percent Arrivals on Red
Speed
Vehicle Length Classification
Bicycle Classification

PERFORMANCE MODULE
Part Number: GS-3-PFM

STREAMS
Part Number: GS-3-STR
Frame Rate†: SMARTMOUNT Bell Camera and SMARTMOUNT Advanced Camera - 10fps Image Resolution†: SMARTMOUNT Bell - 1280 x 960px
SMARTMOUNT Advanced - 640 x 480px
Bandwidth
Requirements†: SMARTMOUNT Bell - 10Mbps
SMARTMOUNT Advanced - 2.5Mbps

PERFORMANCE PLUS MODULE
Part Number: GS-3-PFM+
The Performance Plus Module combines all features included in the Performance Module and Streams.

Bicycle Discrimination in the box and Pedestrian Zones are now included in the base GRIDSMART System at no additional cost. †SMARTMOUNT Advanced and the legacy TCA product have the same specifications for Streams.

DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F 12100-0001\2654178v1.doc
City of MB Form
Appendix IV-1

APPENDIX V

COUNTY OF LOS ANGELES TRAFFIC CONTROLLER SPECIFICATIONS

DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F Sepulveda
Marine
23rdAve.
22nd
Magnolia
Chestnut
Oak
21st20th Cedar
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LOCATION MAP
Know what'sbelow.
before you dig.Call
R
Culver City, California 90230
300 Corporate Pointe, Suite 470
PH (310) 473 6508 F (310) 444 9771
www.koacorp.com

PROJECT SITE

VICINITY MAP
PROFESSIONAL ENGINEER'S NOTE:

PROJECT UTILITY CONTACTS
CITY OF MANHATTAN BEACH (PUBLIC WORKS DEPARTMENT)…ERICK LEE........................…(310) 802-5303 CITY OF MANHATTAN BEACH (POLICE DEPARTMENT)…DERRICK ABELL…………………………….(310) 802-5103 CITY OF MANHATTAN BEACH (FIRE DEPARTMENT)…………………………….………………………..……(310) 802-5203 COUNTY SANITATION DISTRICT (COMPTON)…ENGINEERING
COUNTER………………………………………………………………………………………..... (562) 908-4288 (Ext. 1204 or 1205) AT&T DISTRIBUTION…SUBSTRUCTURE RECORDS REQUEST CONSTRUCTION & ENGINEERING ………………………………………………..…………………..……………….(510) 645-2929
WEST BASIN MUNICIPAL WATER DISTRICT...FRANK FUCHS..................................................(310) 660-6255

WEST BASIN MUNICIPAL WATER DISTRICT - INFRAMARK, LLC (RECYCLED WATER PIPELINE MAINTENANCE)……………………………..……….............................................................................(310) 217-2417 LA COUNTY PUBLIC WORKS - FLOOD MAINTENANCE…EDUARDO IVASAN or AHMET TATLILIOVLO…………………………………………………………………………………………………………….……….(562) 861-0316 NEXTGLAVEN NETWORK…DAVID ANTOL………….…………………………………………………………….. (724) 416-2180 SHELL OIL…CLARINDA MALDONADO………………………….……………………………………………………..(310) 816-2063 ZENITH ENERGY...STEVEN FRANKS.........................................................................................(800) 708-5071 SOUTHERN CALIFORNIA GAS COMPANY…GUILLERMO TEJEDA………………………………………….(310) 687-2014 SOUTHERN CALIFORNIA EDISON…KRIS WALSH………………………………………………………………….(949) 533-6137 SPECTRUM (TIME WARNER CABLE)…ANTHONY XANPHIS……………………..………………………..…(310) 750-9185 T-MOBILE…SHAWN HENDERSON……………….……………………………………………………………………..(805) 279-3513 FRONTIER COMMUNICATION (PREVIOUSLY VERIZON)…DAN HAYES……………………………….…(310) 793-4159 VERIZON (XO COMMUNICATIONS)……………………………………………………………………………………(949) 417-7841 Helen Shi P.E.
8/11/22
8/16/22
08/16/2022
DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F Know what'sbelow.before you dig.Call
RCulver City, California 90230300 Corporate Pointe, Suite 470PH (310) 473 6508 F (310) 444 9771 www.koacorp.com GENERAL NOTES: (MUST USE ALL NOTES ON THIS SHEET FOR ALL PLANS) UTILITY NOTES:
”””
”
GENERAL NOTE FOR SIGNAL AND LIGHTING:

Helen Shi, P.E.
8/11/22
8/16/22
DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F 1 1
CAT5 POEEXISTING STREETLIGHT POLEEXISTING HAND HOLENEW NO. 6 PULL BOXNEW CONDUITNEW CONDUIT AND POETO CABINETVIDEO DETECTION INSTALLATION DETAILNTSDETAIL "C" VIDEO DETECTION CAMERA TO BEINSTALLED ON LUMINAIRE ARM PERMANUFACTURER'S INSTRUCTIONS.CCTV CAMERA TO BE INSTALLED ONSTREET LIGHT POLE PER MANUFACTURER'SINSTRUCTIONS.

POLEADAPTERARM2-0.75" STRAPSCAMERA ASSEMBLYCAT6E CABLENOTE: ALL EQUIPMENT AND CABLES TO BE FURNISHED AND INSTALLED BY THE CONTRACTOR.CCTV CAMERA INSTALLATION DETAILNTSDETAIL "D" DRILL HOLE AND TAP 1/2" NPT FOR CCTVPOWER. INSTALL WATERTIGHT STRAINRELIEF CONNECTOR WITH OPENINGDIAMETER .250"-.375"DRILL HOLE AND TAP 1/2" NPT FOR CCTVCOAX AND CONTROL WIRING. INSTALLWATERTIGHT STRAIN RELIEF CONNECTORWITH .250"-.580" OPENING Know what'sbelow.before you dig.Call
RCulver City, California 90230300 Corporate Pointe, Suite 470PH (310) 473 6508 F (310) 444 9771 www.koacorp.com

ONLYONLYONLYONLYONLYONLY
“”

WAVEFOR CROSSWALKUSECROSSWALKUSEWAYONE
Helen Shi, P.E.
8/11/22
8/16/22
DocuSign Envelope ID: A2909213-54D7-4F18-AE4E-47E71BB6700F

Manhattan Beach City CouncilDecember 6, 2022

Manhattan Beach City Council
December 6, 2022