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cc 2023 AR 08/22 traffic signal and lighting maintenance

Vista City Council
August 22, 2023

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cc 2023 AR 08/22 traffic signal and lighting maintenance
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August 22, 2023
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ACTION:
____________________________
Clerk/Secretary
Department: Public Works Item No: C8
Prepared by: Leslie Webb-Blanco, Management Analyst Meeting Date: August 22, 2023 Approved by:

Kuna Muthusamy P.E., Director
John Conley, City Manager Agenda Location: Consent Calendar SUBJECT: TRAFFIC SIGNAL AND SAFETY LIGHTING MAINTENANCE SERVICES CONTRACT RECOMMENDATION: Adopt City Council Resolution No. 2023- , approving a contract with Yunex, LLC for Traffic Signal and Safety Lighting Maintenance Services.

CORRELATION TO CITY COUNCIL GOALS: (1) Public Safety, (2) Traffic: Continue to improve the flow of traffic for all forms of travel, reduce congestion, and improve roads & Sidewalks.

PRIOR ACTION: Adopt City Council Resolution No. 2018-151, approving a contract with Siemens Industry, Inc. for Traffic/Safety Lighting Maintenance Services (Vote: 5-0) Adopt City Council Resolution No. 2013-63, approving an agreement with Siemens Industry, Inc. for Traffic Signal/Safety Lighting Maintenance Services (Vote: 5-0).

For a comprehensive list of City Council prior actions, see Exhibit 3.

STATEMENT ON THE SUBJECT: The City contracts out for traffic signal and safety lighting maintenance services. These services include the maintenance of the City’s 109 traffic signals, battery backup testing and replacement, general repairs and after-hours emergency repairs related to accidents and signal failures and are utilized on an as-needed basis.

The current contract for traffic signal and safety lighting maintenance services expires on August 31, 2023.

Staff reached out to other jurisdictions to gauge pricing in the current market and vendor options. Yunex, LLC (Yunex) was awarded a contract in May 2023 with the City of Solana Beach for traffic signal/safety lighting maintenance services. Yunex, LLC (Formerly Siemens Mobility, Inc.) has provided these services for Vista since 2013 and staff has been satisfied with their performance.

Vista Municipal Code Section 3.08.060 (C) states that the City has the authority to join with other public agencies in a cooperative purchasing program for the purchase of services as long as the administering agency has made its purchase(s) in a competitive manner, and it is in the City’s best interest to participate.

Yunex, LLC has offered the City the same terms and pricing for traffic signal and safety lighting maintenance services that are being provided under the contract with Solana Beach that was competitively bid on March 16, 2023. Utilizing the cooperative purchasing provision to enter into a new contract with Yunex will allow the City to take advantage of favorable pricing and continued service without interruption.

AGENDA
REPORT

CITY COUNCIL

COMMUNITY DEVELOPMENT COMMISSION

SUCCESSOR AGENCY

BUENA SANITATION DISTRICT

JOINT POWERS FINANCING AUTHORITY
Approved above recommendation, adopted City Council Resolution No. 2023-155. Vote: 5-0.

MEETING DATE: AUGUST 22, 2023 PAGE 2
SUBJECT: TRAFFIC SIGNAL AND SAFETY LIGHTING MAINTENANCE SERVICES CONTRACT The initial term of the agreement is September 1, 2023 through May 9, 2024. Thereafter, in accordance with the terms of the cooperative agreement, the agreement may be renewed under the authority and discretion of the City Manager for four additional twelve-month periods, for a possible maximum term of five years from the effective date of the agreement, subject to an annual consumer price index increase.

FISCAL IMPACT: The cumulative ceiling of the contract with Yunex, LLC is $1,250,000. Funding of $200,000 is budgeted in FY2023/24 and $206,000 in 2024/25 Operating Budgets in the Lighting and Landscaping Maintenance District Service Contract account (No.1080440.521040.00092). This is non- General Fund account. Funding for subsequent years will be included in the annual budget preparation.

EXHIBITS:

1.City Council Resolution No. 2023- , approving a contract with Yunex, LLC. for Traffic Signal and Safety Lighting Maintenance Services

2.Agreement with Yunex, LLC

3.Prior Actions
08/22/2023 C8 Page 2 of 186

00029213 7
RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF

VISTA, CALIFORNIA, APPROVING A CONTRACT WITH YUNEX, LLC FOR

TRAFFIC SIGNAL AND SAFETY LIGHTING MAINTENANCE SERVICES The City Council of the City of Vista does resolve as follows:

1. Findings. The City Council hereby finds and declares the following:

A.The City of Vista (City) is authorized under Vista Municipal Code Section

3.08.060.C to award a contract for services under a cooperative purchasing agreement.

B.The City of Solana Beach has engaged in a competitive bidding process for traffic and safety lighting maintenance services.

C.Yunex, LLC, has agreed to provide services at the competitive prices awarded by the City of Solana Beach, as required by the cooperative purchasing process.

D.The City and Yunex, LLC, desire to enter into a cooperative procurement contract for traffic signal and safety lighting maintenance services.

2. Action.

A.The City Council approves the contract with Yunex, LLC, for traffic signal and safety lighting maintenance services.

B.The Mayor is authorized to sign the contract on behalf of the City.

C.The City Manager is authorized to execute all amendments extending the term of the Contract and increases to contract compensation in accordance with section 3.08.100.A of the Vista Municipal Code.
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EXHIBIT 1

RESOLUTION NO. 2022-

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 2
00029213 7EXH1 RESO-Traffic Signal and Safety Lighting Maintenance Services Co.docx

3.Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on August 22, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
By:

APPROVED
Amanda L. Guy
20230814102100
JOHN B. FRANKLIN, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
By:
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COOPERATIVE PROCUREMENT CONTRACT

TRAFFIC SIGNAL AND SAFETY LIGHTING MAINTENANCE SERVICES THIS “CONTRACT” is entered into by and between the “Parties” as of ___________________ (“Contract Date”).

1.0 THE “PARTIES”
The “City”:

CITY OF VISTA, a chartered municipal
corporation
200 Civic Center Drive
Vista, CA 92084
Working Contact: Keith Gardner
Billing Contact: Keith Gardner
The “Contractor”:

Yunex, LLC
9225 Bees Cave Road
Austin, TX 78733
Contact: Jeffery Pierce

2.0 BASIC TERMS

2.1 Contractor was awarded a contract for Traffic Signal and Safety Lighting under a competitive bid process from the City of Solana Beach (Originating Agency) on May 10, 2023 (“Originating Agency Agreement”), which is set forth in Exhibit F, and Contractor has offered to provide goods and/or services to the City on the same terms and conditions that were provided to Originating Agency, except as otherwise modified herein.

2.2 City is authorized under Vista Municipal Code Section 3.08.060.C, to participate in cooperative purchasing plans, programs, or services. The Originating Agency Agreement expressly allows other governmental member agencies, such as City, to utilize it as a cooperative procurement contract.

2.3 The “Required License” for the Work is: C-10 (Electrical) and A (General Engineering).

2.4 Contractor, a contractor holding the Required License, desires to enter into this “Contract” with the City for the Work.

2.5 Contractor has submitted to City a Proposal to perform certain “Services” dated March 6, 2023 (“Exhibit A”).

2.6 The “Project” for which the Services are required is described in Exhibit A.

2.7 Contractor desires to enter into this “Contract” with City for the Services.

2.8 The “Contract Ceiling Price” is in an amount not to exceed $1,250,000.

3.0 CONTRACT TERM

3.1 This Contract shall take effect as of the Contract Date.

3.2 This Contract shall be in effect through May 9, 2024 (“Term”). The Term may be extended at the City’s option for an additional 48 months, in increments of City’s choice, for a 08/22/2023 C8 Page 5 of 186EXHIBIT 2

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maximum Term of 60 months from the Contract Date, upon proof that the Originating Agency has duly extended the Originating Agency Agreement.

3.3 Time is of the essence in this Contract. “Liquidated Damages” for failure to complete the Contract within the Term are $150 per calendar day. The Liquidated Damages compensate for the loss to City resulting from Contractor’s failure to complete the Work within the Term and for the value of the operation of the Work following completion. It is expressly understood and agreed that this amount is a reasonable amount and is established in lieu of damages that are incapable of calculation at the inception hereof; and this amount is not to be considered in the nature of a penalty.

3.4 City may terminate this Contract upon 30-days’ written notice to Contractor. In such event, or upon request of City, Contractor shall assemble all City documents in the Contractor's possession, put them in order for proper filing and closing, and deliver the documents to City. In the event of termination, Contractor shall be paid for work performed to the termination date. City shall make the final determination as to the portion of tasks completed and the compensation to be paid.

4.0 EXECUTION OF ADDITIONAL DOCUMENTS
As a condition precedent to the effectiveness of this Contract, the Contractor shall execute and deliver to City the following checked document packages:

1. Contractor’s Forms

2. Labor Law Compliance Form, Exhibit D (This Contract requires the payment of prevailing wages.)

5.0 SCOPE
Contractor shall perform all Work including, but not limited to, the furnishing of all tools, equipment, materials, supplies and manufactured articles, and for furnishing all transportation, services, including fuel, power and water, essential communications, and the performance of all labor, work or other operations, as may be required from time to time upon the issuance of a Work Order for the fulfillment of each specific task to be performed under the Contract (“Project”), in strict accordance Exhibit A. The Work shall be complete, and all work, material and services not expressly called for in the Proposal which may be necessary for complete and proper construction to carry out the Contract in good faith, shall be performed, furnished and installed by the Contractor at no increase in cost to the City. In the event of a conflict between the provisions this Contract text and Exhibit A, this Contract text shall control.

6.0 COMPENSATION

6.1 City shall pay Contractor the Contract Price for the successful performance of the Work within the Contract Time, in accordance with the rates set forth in Exhibit A.

6.2 An invoice for payment shall be submitted in a form satisfactory to City. At a minimum, the invoice shall include: the purchase order number, the work order number, a description of the work performed, and a total amount.
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6.3 Changes in, additions to, or deductions from the Services, including increases or decreases in the quantity of any item or portion of the Services, shall be set forth in a written change order executed by City and by the Contractor which shall specify:

6.3.1 The changes, additions, and deductions to be made.

6.3.2 The increase or decrease in compensation due the Contractor, if any.

6.3.3 Adjustment in the time of completion, if any.

6.4 Adjustments in the compensation due the Contractor shall be determined by mutually agreeable lump-sum. If requested by the City's Representative, the Contractor shall furnish an itemized breakdown of the quantities and prices used in computing proposed lump- sum.

6.5 Payment of the undisputed final Contract amount is contingent upon the Contractor furnishing the City with a release of all claims against the City arising by virtue of the Contract related to that amount. Disputed Contract claims in stated amounts may be specifically excluded by the Contractor from the operation of the release.

6.6 In addition to the amount which the City may retain under the above article on progress payments, the City may withhold a sufficient amount or amounts from any payment otherwise due to the Contractor as in its judgment may be necessary to cover:

6.6.1 Payments which may be past due and payable for just claims against the Contractor or any subcontractors for labor or materials furnished in or about the performance of the Work under this Contract.

6.6.2 Estimated or actual costs for correcting defective work not remedied.

6.6.3 Amounts claimed by the City as forfeiture due to delay or other offsets.

6.6.4 Estimated or actual costs for emergency work by City forces, which is a result of the Contractor's neglect or actions.

6.7 The City may apply such withheld amounts or amounts to the payment of such claims at its discretion. In so doing, the City shall be deemed the agent of the Contractor, and any payments so made by the City shall be considered as a payment made under the Contract by the City to the Contractor, and the City shall not be liable to the Contractor for such payment made in good faith. Such payments may be made without prior judicial determination of the claim or claims. The City will render to the Contractor a proper account of such funds disbursed in behalf of the Contractor.

6.8 Contract Ceiling Price

6.8.1 In no event shall City be liable for paying more than the Contract Ceiling Price for Contractor's services rendered under this Contract.

6.8.2 If it becomes foreseeable that Contractor will need to perform services such that the cumulative total of costs to City will exceed the maximum permitted by this Contract, any such cost overrun will be handled 08/22/2023 C8 Page 7 of 186

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pursuant to the change order procedure in Chapter 3.08. City and Contractor recognize that City lacks authority to exceed the cost ceiling without the express authorization of the City Council. If the maximum cost to City for this Contract is exceeded unexpectedly, payment shall be made as mutually agreeable and disputes shall be handled pursuant to this Contract, but work shall cease as soon as is reasonably feasible once the cost ceiling plus allowable change orders, if any, is exceeded.

7.0 CONTRACT DOCUMENTS
The Contract includes the following documents including all additions, deletions, modifications and appendices and all addenda setting forth any modifications or interpretations of any these documents: Exhibits A–E, the Originating Agency Agreement (Exhibit F), the documents required under Section 4, and the Standard Specifications (defined below). In resolving conflicts resulting from any inconsistencies in any of the Contract Documents, the Parties will use the following order of precedence: (1) this Contract and any duly authorized amendments thereto; (2) the Standard Specifications; (3) the documents required under Section 4; (4) Exhibits A-E; and (5) the Originating Agency Agreement (Exhibit F).

8.0 STANDARD SPECIFICATIONS AND STANDARD PLANS

8.1 Except as otherwise provided, whenever reference is made to “Standard Specifications”, it shall mean:

Standard Specifications for Public Works Construction, most current edition and supplement, as last amended, with Regional Supplements, written and promulgated by Southern California Chapter, American Public Works Association, and Southern California District, Associated General Contractors of California, Joint Cooperative Committee (“Greenbook”) and the City of Vista Special Provisions to the Greenbook.

8.2 Except as otherwise provided, whenever reference is made to “Standard Plans”, it shall mean:

San Diego Area Regional Standard Drawings, and City of Vista Standard Drawings, latest edition, unless otherwise noted.

9.0 SUPPLEMENTARY DEFINITIONS
In addition to or in lieu of the terms and definitions specified in Section 1-2 of the Standard Specifications, wherever the following terms and definitions are used, the intent and meaning shall be as follows:

Board: The City Council of the City of Vista.

City: The City of Vista.

Drawings or Plans: All drawings, plans, maps, profiles and diagrams delineating the work on the Work.

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10.0 ADDITIONAL DRAWINGS
When appropriate, the Contractor will be furnished sufficient sets of drawings to properly complete the Work. There will be no charge for such drawings and specifications.

11.0 INTERPRETATION OF DRAWINGS AND SPECIFICATIONS

11.1 Figured dimensions on drawings shall govern, but work not dimensioned shall be as directed. Work not particularly shown or specified shall be the same as similar parts that are shown or specified. Large scale details shall take precedence over smaller scale drawings as to shape and details of construction. Specifications shall govern as to materials, workmanship and installation procedures. Drawings and specifications are intended to be fully cooperative and to agree. The specification calling for the higher quality material or workmanship shall prevail. In the event of any discrepancy between any drawings and the figures thereon, the figures shall be taken as correct. In the event of any doubt or question arising respecting the true meaning of the specifications, reference shall be made to the City Engineer whose decision thereon shall be final.

11.2 Representatives. Each Party shall appoint a representative who shall have the authority to represent and act for that Party (“Representative”). Any written or verbal directions or requests of the City's Representative delivered to the Contractor’s Representative shall have the same force and effect as if delivered to the Contractor. The Contractor's Representative shall have the authority to sign any change order, coordinate the work of all subcontractors and make other decisions pertaining to the Contract.

11.3 Superintendence. The Contractor shall designate in writing a competent supervisor for the Work who must be personally present on the premises where the work on the Work is performed. When work is not in progress and during periods when the work is suspended, arrangements acceptable to the City's Representative shall be made for any emergency work that may be required.

11.4 Advance Notification. It shall be the Contractor's responsibility to determine and notify those agencies requiring advance notification for inspection or other purposes before beginning construction in any area of concern to that agency. A minimum of 48 hours’ advance notice shall be given to the various agencies before beginning construction in the area unless specific advance times and requirements are stated in the Special Provisions or required by the agency. The names and telephone numbers for the respective agencies are listed on the drawings, in the Special Provisions, in the Work Order, or will be otherwise provided as applicable.

11.5 Inspection. The City's Representative shall at all times have access to the work during construction, and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship and character of materials and equipment used and employed in the work. Whenever the Contractor varies the period during which work is carried on each day, it shall give due notice to the City's Representative so that inspection may be provided. Any work done in the absence of the City's Representative will be subject to rejection. All installations which are to be backfilled or otherwise covered shall be inspected by the City's Representative prior to backfilling or covering, and the Contractor shall give due notice in advance of backfilling or covering to the City's Representative so that inspection may be provided. The inspection of the work shall not relieve the Contractor of any of its obligations to fulfill the Contract as prescribed. Defective work shall be made good, and unsuitable 08/22/2023 C8 Page 9 of 186

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materials and equipment may be rejected notwithstanding the fact that such defective work and unsuitable materials and equipment have been previously inspected by the City's Representative or that payment therefore has been included in an estimate for payment.

11.6 Preservation of Property. The Contractor shall exercise due care to avoid injury to existing improvements or facilities, utility facilities, and adjacent property. All buildings and structures and any other improvements or facilities within or adjacent to the work shall be protected from injury or damage, and the Contractor shall provide and install suitable safeguards to protect such objects from injury or damage. If such objects are injured or damaged by reason of the Contractor's operation, they shall be replaced or restored at the Contractor's expense to a condition as good as when the Contractor entered upon the work or as good as required by the drawings and specifications if any such objects are a part of the work being performed.

11.7 Emergency. In an emergency affecting the safety of life or property, including adjoining property, the Contractor, without special instructions or authorizations, is authorized to act at its discretion to prevent such threatened loss or injury, and it shall so act as though instructed to do so by the City.

12.0 EXISTING UTILITIES AND IMPROVEMENTS

12.1 If the Contractor while performing the Contract discovers utility facilities not identified by the City in the Contract drawings or specifications, it shall immediately notify the City in writing.

12.2 The fact that existing utilities and improvements, either above or below the ground surface, are not shown in any drawings shall not relieve the Contractor of liability for complete and careful protection of said improvements from damage as specified herein.

12.3 All repairs to damaged utilities and improvements shall be inspected and approved by an authorized representative of the City before being concealed by backfill or other work.

13.0 UTILITY SERVICE INTERRUPTION
In all cases of alteration or relocation of service connections, the Contractor shall notify the City a minimum of four hours prior to said alteration or relocation, and service connection shall be returned to service in an amount of time not to exceed four hours.

14.0 MAINTENANCE AND GUARANTY

14.1 The Contractor hereby guarantees that all work performed by it under the Contract will fully meet all requirements of the Contract as to quality of workmanship and materials furnished by it. The Contractor hereby agrees to make at its own expense any repairs or replacements made necessary by defects in materials or workmanship supplied by it that become evident within one year after the date of final payment, and to restore to full compliance, with the requirements of these specifications part of the Work which during the one- year period is found to be deficient with respect to any provisions of the specifications.

14.2 The Contractor shall make all repairs and replacements promptly upon the receipt of written order from the City. If the Contractor fails to make such repairs and 08/22/2023 C8 Page 10 of 186

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replacements promptly, the City may do the work and the Contractor and its surety shall be liable to the City for the cost thereof.

15.0 INDEMNIFICATION & WAIVER OF SUBROGATION

15.1 Contractor shall defend, indemnify and hold City and its officers, officials, employees, and volunteers (“Indemnitees”) harmless against any and all liability, loss, damage, fine, penalty, expense, claim or cost (including without limitation costs and fees of litigation) of every nature (collectively, “Liability”) arising out of or in connection with this Agreement or its performance except: (1) Liability caused by City's sole negligence or willful misconduct; or (2) for Liability caused by City's active negligence, in which case the indemnity received by City shall be reduced by the amount: (i) that City's active negligence contributed to the Liability on a comparative basis; or (ii) such other amount as may be required by law (“Duty of Indemnification”). This Duty of Indemnification is effective without reference to the existence or applicability of any insurance coverages which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees.

15.2 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, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees.

16.0 INSURANCE AND BONDS
Contractor shall comply with the insurance and bond provisions set forth in Exhibit C.

17.0 SAFETY

17.1 In accordance with generally accepted construction practices, the Contractor shall be solely and completely responsible for conditions of the jobsite, including safety of all persons and property during performance of the Work, and the Contractor shall fully comply with all OSHA, State and Federal laws, rules, regulations and orders relating to safety of the public and workers.

17.2 It is the Contractor's responsibility to acquaint itself with and abide by these regulations during all phases of construction. The City will not be responsible for ensuring the Contractor's compliance with these regulations. The Contractor’s duty of indemnification shall apply to any Liability caused by its failure to abide by these regulations.

17.3 The Contractor shall include any and all costs associated with compliance with these safety requirements in the appropriate bid items of Work to be performed.

18.0 PERMITS (CITY AND OTHER AGENCIES)

18.1 After execution of the Contract and prior to beginning work, the Contractor and all subcontractors shall execute a no fee construction permit at the City. A permit will be issued by the Engineering Inspector assigned to the Project for the Contractor and all subcontractors.

18.2 The permittees shall first submit the following documents to the City's Representative or its designee with proof that the policies/licenses are current:
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18.2.1 Contractor's License of appropriate classification.

18.2.2 City Business License. A fee will be charged for any new Business Licenses.

18.2.3 General Liability Insurance Certificate as required by Exhibit C.

18.2.4 Worker's Compensation Insurance Certificate as required by Exhibit C.

18.3 If any subcontractor does not have the amount of liability insurance required in these specifications, the Contractor must produce evidence satisfactory to the City’s Risk Manager that the subcontractor's work is covered by the Contractor's liability insurance policy.

18.4 Agency permits, other than those issued by the City, will generally not be required unless specifically noted. If for some unknown reason the Contractor is required to obtain a permit, the City will compensate the Contractor for its actual cost plus a 10% markup.

19.0 SERVICE OF NOTICE

19.1 Any notice, which either Party may desire to give to the other Party, must be in writing and may be given by personal delivery to the Party’s Representative or by overnight courier service to the Party’s address set forth in Section 1.0. Notice may also be given by mailing it by registered or certified mail, return receipt requested, to the other Party at the address set forth in Section 1.0. Any notice given by mail will be deemed given 48 hours after such notice is deposited in the United States mail, addressed as provided with postage fully prepaid.

19.2 A Party may change its address by giving notice as provided above, and the changed address shall thereafter be deemed to be the address set forth in Section 1.0.

20.0 PUBLIC WORKS CONTRACTS: ASSIGNMENT TO AWARDING BODY In accordance with Section 4551 of the Government Code, the Contractor and subcontractors shall conform to the following requirements. In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body 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 arising from purchases of goods, services or materials pursuant to the public works contract of the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the Parties.

21.0 RESOLUTION OF CONTRACT CLAIMS
The provisions of Article 1.5, Chapter 1, Part 3 of Division 2, of the Public Contract Code apply to this Contract. These provisions set forth a procedure for the resolution of disputed construction claims arising from this Contract. These provisions establish procedures for submitting claims and set minimum time limits for responding to such claims. Following a response, if a claim remains in dispute, a meet and confer conference between the claimant and 08/22/2023 C8 Page 12 of 186

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the local agency may be demanded by the claimant. If the dispute remains unresolved following the meet and confer conference, and the claimant proceeds to file a civil action seeking to obtain enforcement and judgment on the claim, the dispute may be submitted to non-binding mediation and, if it remains unresolved, to judicial arbitration.

22.0 SPECIAL PROVISIONS
This Contract is subject to, and Contractor shall comply with, the special provisions referenced in Exhibit E, if any.

23.0 EXHIBITS
All documents referenced as exhibits in this Contract, or referenced in an exhibit to this Contract, are incorporated herein.

24.0 APPLICABLE LAW, VENUE
This Contract shall be construed and enforced under the laws of the State of California.

If any action is commenced by any Party to this Agreement, such action shall be filed in a court of competent jurisdiction within the County of San Diego, California.

25.0 MODIFICATIONS
This Contract contains the entire agreement, between the Parties and supersedes all prior negotiations, discussions, obligations and rights of the Parties in respect of each other regarding the subject matter of this Contract. There is no other written or oral understanding between the Parties. No modification, amendment or alteration of this Contract shall be valid unless it is in writing and signed by all Parties.

[Text continued onto page 10.]

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26.0 EXECUTION
IN WITNESS WHEREOF; the Parties hereto have executed this Contract as of the Contract Date.

“City”

CITY OF VISTA, a chartered municipal
corporation

By:

JOHN B. FRANKLIN, MAYOR

ATTEST:

KATHY VALDEZ, CITY CLERK

By:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY

By:

RISK MANAGEMENT REVIEW:

DOLORES GASCON, RISK MANAGER

By:

APPROVED
Amanda L. Guy
20230814094644

“Contractor”

YUNEX, LLC

By:

NAME/TITLE

By:

NAME/TITLE

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{00111673 1} Exhibit A

EXHIBIT A
CONTRACTOR’S PROPOSAL

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3 CITY OF SOLANA BEACH, CALIFORNIA

CONTRACT DOCUMENTS

TRAFFIC SIGNAL AND SAFETY LIGHTING MAINTENANCE
Bid No.: 2023-06
March 6, 2023
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4 TRAFFIC SIGNAL AND SAFETY LIGHTING MAINTENANCE
I. INSTRUCTIONS TO BIDDERS

1. Examination of Site and Contract Documents. The Bidder is required to examine carefully the site of work, proposal forms, plans, specifications, and special provisions for the work contemplated. The submission of a proposal shall be considered conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and quantities of work to be performed and materials to be furnished, and as to the requirements of all the above documents.

2. Contract Documents. The Notice Inviting Bids, Instructions to Bidders, Bidder’s Proposal (Forms A-1 throughA-5), Plans, Standard Specifications, Special Provisions, Standard Drawings, Agreement, and any other documents referenced in the Agreement shall constitute the contract. Said documents are complementary and intended to yield a complete and finished project. Anything shown or required of the Bidder, in any one or more of said documents, shall be as binding as if contained in all of said documents. The Bidder will not be allowed to take advantage of any error, discrepancy or omission in any document, but shall promptly report to the City Engineer in writing any such matter discovered. The City Engineer will then decide what corrective action is needed and his decisions shall be final.

3. Addenda. Any addenda issued during the time of bidding, forming a part of the documents, shall be covered in the Bidder’s Proposal and shall be made a part of the contract.

4. Contractor's License. No bid will be accepted from a Bidder who has not been licensed in accordance with the provisions of Chapter 9, Division III, of Business and Professions Code of the State of California. In addition, Bidders must comply with California Labor Code Section 1771.1(a) written as follows:
“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.”

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5 5. Bid Proposal Forms and Submittal.
a. The Bidder’s Proposal shall be submitted on the attached Proposal Forms A-1 through A-5. All blanks on the Bidder’s Proposal forms must be filled in.
b. If the Bidder’s Proposal is made by an individual, it shall be signed and his full name and post office address shall be given. If made by a co- partnership it shall be signed with the co-partnership name by one of the partners, who shall sign his own name and, in addition, the name and addresses of each partner shall be given. If made by a corporation, it shall be signed by two officers, attested by the corporate seal; the name of the state under the laws of which the corporation was incorporated shall be given; and names, titles, and addresses of all officers of the corporation shall be given. c. The Bidder’s Proposal (A-2 – A-5) shall be completed and signed by an individual clearly authorized to bind the Bidder. All addenda issued shall be acknowledged on the Proposal Form.
d. The Proposal Form (A-2) shall give the unit and total price. In the event the unit price and total amount for any items are not in agreement, the unit price shall govern and the total corrected thereto. In accordance with Section 6707 of the California Labor Code, for construction of a pipeline, sewer, sewage disposal system, boring and jacking pits, or similar trenches or open excavations, which are five feet or deeper, the Bidder shall specify as specific bid items, adequate sheeting, shoring and bracing or equivalent method, for the protection of life or limb, which shall conform to applicable safety orders. e. The Subcontractor List (A-2) shall be prepared in accordance with Section 4104 of the California Public Contract Code describing the portion of work to be performed and providing the name, the location of the place of business, the California contractor license number, and public works contractor registration number issued pursuant to Section 1725.5 of the Labor Code of each subcontractor who will perform work or labor or render service to the prime 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 prime 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 1 percent of the prime 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 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater. The prime contractor shall list only one subcontractor for each portion as is defined by the prime contractor in his or her bid.

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6 f. The Certificate regarding Contractor’s License (A-4) shall be prepared in acknowledgment of Section 7028.15 of the Business and Professions Code. g. The Statement of Experience and Financial Condition (A-5) shall be completed with supporting documentation and signed by an individual clearly authorized to bind the Bidder.
h. The complete Bidder’s Proposal including Proposal guarantee and surety supporting documentation shall be enclosed in a sealed envelope, endorsed with the Bidder’s company name and address on the upper left corner. The name of the project, hour and date of bid opening (as shown in Notice Inviting Bids), and the words “Sealed Bid” shall be written on the sealed envelope.
i. Proposals not received and stamped "RECEIVED" prior to the hour and the date set forth in the Notice Inviting Bids shall be declared late and returned unopened to the Bidder. The Bidder shall have sole responsibility for timely delivery.

6. Proposal Guarantee. The Bidder’s Proposal shall be accompanied by cash, certified check, cashier’s check, or bidder’s bond duly executed by an approved surety by the State of California, made payable to the City of Solana Beach, for an amount equal to at least ten percent of the amount of said Proposal. Any surety must be authorized to transact surety business in California and have assets that exceed its liabilities in an amount equal to, or in excess of, the amount of the bond.

If a bidder’s bond is submitted with the Bidder’s Proposal, the bidder shall also be required to submit the following documentation from the surety:
a. The original, or a certified copy, of the unrevoked appointment, power of attorney, bylaws, or other instrument entitling or authorizing the person who executed the bond to do so.

Before the award of the Contract, the Contractor may also be required to submit the following documentation regarding the surety:
b. A copy of the certificate of authority of the insurer issued by the Insurance Commissioner. A certified copy may be requested before award of the contract.
c. A certificate from the county clerk of the county in which the court or officer is located attesting that the certificate of authority of the insurer has not been surrendered, revoked, canceled, annulled, or suspended or, in the event that it has, that the renewed authority has been granted.

d. A financial statement of the assets and liabilities of the insurer at the end of 08/22/2023 C8 Page 19 of 186

7 the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer’s certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may, instead of an officer’s certificate, be verified by the oath of the principal officer or manager residing within the United States. No Bidder’s Proposal shall be considered unless such guarantee and supporting documentation is enclosed therewith guaranteeing that the bidder will enter into the proposed contract if awarded.

7. Withdrawal of Proposals. Any proposal Bidder’s Proposal may be withdrawn prior to the hour and date set forth in the Notice Inviting Bids, provided that a request in writing, executed by the Bidder or his duly authorized representative, for the withdrawal of such Proposal, is filed with City Clerk. The withdrawal of a proposal before the published deadline shall not prejudice the right of a Bidder to file a new proposal.

8. Rejection of Proposals. The Bidder’s Proposal may be rejected if it shows any alterations of the forms, additions not called for, conditional or alternative bids uncalled for, incomplete Proposals, erasures, or irregularities of any kind; however, the Solana Beach City Council reserves the right to reject any and all Proposals and to waive any irregularities.

9. Bid Protest.

Any bid protest must be in writing and received by the City Clerk at 635 South Highway 101, Solana Beach, CA 92075 before 5:00 p.m. no later than two working days following bid opening (the “Bid Protest Deadline”) and must comply with the following requirements:

a. General. Only a bidder who has actually submitted a bid is eligible to submit a bid protest against another bidder. Subcontractors are not eligible to submit bid protests. A bidder may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest. If required by City, the protesting bidder must submit a non-refundable fee in the amount specified by City, based upon City’s reasonable costs to administer the bid protest. Any such fee must be submitted to the City no later than the Bid Protest Deadline, unless otherwise specified.

b. Protest Contents. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. Material submitted after the Bid Protest Deadline will not be considered. The protest must refer to the specific portion or portions of the bid documents upon which the protest is based. The protest must include the name, address, email address, and telephone number of the person representing the protesting bidder if different 08/22/2023 C8 Page 20 of 186

8 from the protesting bidder.

c. Copy to Protested Bidder . A copy of the protest and all supporting documents must be concurrently transmitted by fax or by email, by or before the Bid Protest Deadline, to the protested bidder and any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest.

d. Response to Protest. The protested bidder may submit a written response to the protest, provided the response is received by the City Clerk at 635 South Highway 101, Solana Beach, CA 92075 before 5:00 p.m., within two working days after the Bid Protest Deadline or after actual receipt of the bid protest, whichever is sooner (the “Response Deadline”). The response must include all supporting documentation. Material submitted after the Response Deadline will not be considered. The response must include the name, address, email address, and telephone number of the person representing the protested bidder if different from the protested bidder.

10. Disqualification of Bidder.
a. More than one Bidder’s Proposal from an individual, a firm or partnership, a corporation or an association under the same or different names will not be considered. Reasonable ground for believing that any bidder is interested in more than one Bidder’s Proposal for the work contemplated will cause the rejection of all Bidder’s Proposals in which such bidder is interested. b. If there is a reason for believing that collusion exists among the Bidders, none of the participants in such collusion will be considered in awarding of the contract.
c. Any Bidder’s Proposal with obviously unbalanced bids or prices may be rejected.
d. A Bidder’s Proposal may be rejected if the experience or financial background of the Bidder is inadequate or past performance has been unsatisfactory.

11. Return of Proposal Guarantees. Within 10 days after the award of the Contract, the City Clerk will return all the Proposal guarantees accompanying the Bidder’s Proposals, which are not to be further considered in making the award. All other Proposal guarantees will be held until the contract has been finally executed, after which all Proposal guarantees, except those forfeited, will be returned to the respective Bidders.
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9 12. Acceptance or Rejection of the Bidder’s Proposal. The Solana Beach City Council reserves the right to accept or reject any or all Bidder’s Proposals, or to waive any irregularities or informalities in the Proposals or in the Proposal process; and to make an award on the base proposal or on the basis of any combination of Proposal schedules to alternates listed in the Proposal which, in its opinion, serves the best interest of the City of Solana Beach.

13. Basis of Award. The Solana Beach City Council intends to award the contract to lowest responsible bidder based on the following components as more specifically set forth in the Scope of Services below):
a. Exhibit B- Fee Proposal
The City reserves the right to make one or more awards based on splitting the above components, to include or exclude any of the components from the Scope of Services according to the line item bids, or to award one contract based on the overall lowest price for the services that the City selects.

14. Americans with Disabilities Act. The contractor acknowledges its obligations under the Americans with Disabilities Act (ADA) in all regulations and practices pertaining thereto, including, but not limited to discrimination against qualified individuals with disabilities in employment, transportation, public accommodation, telecommunications, and in all activities, programs, and services of the contractor.

15. Minority/Women/Disabled Veteran Businesses. The City of Solana Beach strongly encourages the use of Minority/Women/Disabled Veteran Business Enterprises. The percentages of participation shall be documented and submitted to the City.

16. Labor Code Compliance.
a. In accordance with the California Labor Code, Contractor must pay not less than prevailing wage rates as determined by the Director of Industrial Relations for all work done under this Contract pursuant to the all applicable laws and regulations and as noticed in Attachment B, which obligations include, but are not limited to, the following:
i. This project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (“DIR”). ii. Contractor and all subcontractors listed in the Bidder’s Proposal must be registered with the DIR pursuant to Labor Code Section 1725.5.
iii. Contractor must furnish electronic certified payroll records (online) to the Labor Commissioner.

17. Unfair Business Practice Claims. In entering into a public works contract or a 08/22/2023 C8 Page 22 of 186

10 subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body 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. Section 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties.

ATTACHMENTS Exhibit A- Scope of Work Exhibit B- Fee Proposal Exhibit C- Sample Agreement
II. PROJECT INFORMATION:

The City of Solana Beach seeks to retain a qualified, licensed contractor to perform Traffic Signal and Safety Lighting Maintenance Services as described in the Scope of Service below.

III. SCOPE OF SERVICES
A. Monthly Inspection and Maintenance Service.
1) Contractor shall provide all equipment, labor, materials and supervision required to provide monthly inspection and maintenance service to the following list: Exhibit B
2) Contractor must provide SERVICES according to manufacturers’ guidelines for the UNITS and in a manner that meets or exceeds industry standards.
3) The Contractor shall furnish all personnel, parts, materials, test equipment, tools and services in conformance with the terms and conditions as outlined below and in the Agreement.
4) Contractor shall carefully examine the sites of work. Submission of a Bid by the Contractor shall be considered evidence that the Contractor has investigated and is satisfied as to the conditions to be encountered, the character and quality of the work to be performed and materials to be furnished, and the requirements of all documents referred to in this RFB.

B. As-Needed Repairs and Component Replacement. Contractor shall 08/22/2023 C8 Page 23 of 186

11 provide as-needed repairs and install the components as necessary for the operation of the UNITS after receiving written authorization from the City to proceed with the repairs or installation. The City will pay the labor rates for the installation as provided in the Bidder’s Proposal. Material costs for components shall be as follows:
(1) Component parts listed in the Proposal shall be provided at the cost listed in the Proposal;
(2) Component parts not listed in the Proposal and valued under $2,000 require no informal bidding and shall be reimbursed based on actual cost;
(3) Component parts not listed in the Proposal and which have a value between $2,000 and $25,000 will require the Contractor to conduct an informal bid and the Contractor shall use the lowest bid after obtaining at least three bids or quotes for the component. (4) Component parts valued at over $25,000 must be included in the Proposal shall be paid at the prices listed in the Bidder’s Proposal. (5) Contractor may charge an administrative fee not exceeding X% for the provision of component parts for as-needed repair services.

C. UNIT Assessment. Contractor shall evaluate all the UNITS and provide the City with a report regarding the remaining service life of all UNITS within 30 days of notice to proceed and annually thereafter. The fee for this service shall be included in the price for monthly inspection and maintenance services.

D. Emergency Repair. Provide emergency service within sixty (60) minutes, seven (7) days per week, 365 days per year, twenty-four (24) hours per day. The Contractor will be required to demonstrate this ability when requested by City staff.

Contractor shall provide the City with an estimated time to perform any emergency repair and the City shall provide a written notice to proceed for any emergency work. Labor rates shall be rates provided in the Bidder’s Proposal. Material cost for any component part replacement shall be the same as for non-emergency as-needed repairs as provided above.

E. Documentation and Reports
1) Contractor will provide the City with an annual written report at the end of each fiscal year of work completed, the condition of the UNITS and systems including the anticipated remaining service life of each UNIT or system.
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12 2) Contractor shall provide the City with a report regarding the baseline evaluation of UNITS with anticipated remaining service life within 30 days after contract award.
3) Within 30 days of performing, Contractor shall provide detailed information as to services performed and condition of each individual component in a service report. The Contractor shall inform the City Representative of any required repairs of any component items in the service report 4) Upon completion of any services under the Agreement, including monthly inspection and maintenance, as-needed and emergency services, Contractor shall submit a written service report or service ticket to and to be signed by City Representative within 72 hours. Contractor shall provide detailed information as to the services performed and condition of each individual component in the service report. The Contractor shall inform the City Representative of any required repairs of any component items in the service report.
5) Cost for these reports are included in the overall contract price.

F. Replacement and Installation of Replacement Units
Contractor shall provide all the labor, equipment (including equipment rentals) and materials to replace and install the following units:

IV. PERFORMANCE SPECIFICATIONS - SCHEDULED SERVICE

A. These specifications are intended to cover all equipment, labor, materials, and supervision to be employed in the work called for in these specifications or reasonably implied by terms. Work or materials of a minor nature which may not be specifically mentioned, but which may be reasonably assumed as necessary for the completion of this work shall be performed by Contractor as if described in the specifications.

B. The preventive maintenance and inspection responsibility of the Contractor shall not be limited only to those major pieces of equipment as shown on the equipment list but shall also include all appurtenant devices and systems that are related to the UNITS.

C. This specification covers the UNITS as listed herein, and in the event that the system is replaced, altered, modified, changed or if any equipment or component is added, then that portion shall be deemed automatically added to this specification.
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13 CONTRACTOR SHALL
1) Within seven (7) days after the effective date of the contract, and annually thereafter, prepare and submit a one (1) year calendar to the City Representative, showing specific day/date/time and blocks for which service will be provided. The schedule is subject to pre-approval by the City Representative.
2) Notify the City Representative 48 hours prior to the scheduled day/date/time and blocks for which service cannot be provided to arrange an alternate date for performance.
3) Provide a monitored emergency telephone service and Contractor response program to insure all 24-hour emergency call-out situations are adequately addressed seven (7) days per week, 365 days per year. Contractor shall respond to all emergency requests within 60 minutes. 4) Contractor shall have on-call employees available with the technical abilities needed for all equipment serviced. Automatic telephone answering/recording machines, or home telephone numbers are not acceptable.
5) Failing to complete any material provision of the Agreement or multiple failures to provide service as scheduled shall be deemed a material breach of the Agreement and may be cause for terminating this contract as provided in the Agreement.
6) Failure of Contractor to complete any Service within the agreed upon time will result in damages being sustained by the City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. For each consecutive calendar day in excess of the time specified for completion of the Service, the Contractor shall pay to the City, or have withheld from monies due it, the sum of five hundred ($500) dollars.

V. NON-SCHEDULED/AS-NEEDED AND EMERGENCY WORK
A. At the City’s request for additional services, the Contractor shall evaluate the request and provide the City with an estimate at no cost that lists the expected hours, materials and total job cost. City reserves the right to accept or refuse Contractor’s offer. The hourly rates shall be at the rates listed in the Bidder’s Proposal.

B. Contractor shall proceed with work only after receipt of written authorization by the City Representative.
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14 C. Payment for all work outside the scope of monthly inspection and maintenance services begins when the technician reaches the facility and ends when the technician completes the required service work. No portal-to-portal pay or fuel surcharges will be invoiced as part of any work included in this contract or resulting repairs.

VI. GENERAL REQUIREMENTS
A. These general requirements are included in the contract at no additional charge to the City.

B. Contractor, as well as any Subcontractor associated with Contractor, shall possess and maintain a current City of Solana Beach business license.

C. The Contractor shall possess a current State of California Class A License or C-10 Contractor’s License, for “Electrical.” Subcontractor shall possess those current contractor’s licenses needed for the work performed under this contract.

D. The Contractor is required to have a minimum of ten (10) years in business performing inspection, maintenance and repair services of the nature and scope required by the Agreement, which shall be demonstrated in the Bidder’s Proposal.

E. If the Contractor has performed services for the City previously, those services must have been performed to the City’s satisfaction, in the City’s sole discretion and judgment, for the Bidder’s Proposal to be responsive to this RFB.

F. Contractor shall maintain all equipment in good working order at all times.

Contractor shall assure that all equipment is maintained in a satisfactory condition and capable of providing the designed capacity with required system performance and reliability.

G. Contractor performance shall present a professional image, a high standard of quality and technical competence at all times. Total responsibility for this is placed upon Contractor. If a conflict occurs between a “Best Management Practice” and the specification, the “Best Management Practice” shall prevail and the City shall be notified of any necessary changes to the specified operations/materials.

H. Contractor shall, during the course of the Agreement, advise and assist in the determination of improvements that could be made to any City mechanical system to conserve energy and minimize utility expenditures. These recommendations shall be included as applicable in Contractor’s report(s) to 08/22/2023 C8 Page 27 of 186

15 the City.

I. Contractor shall annually provide, at no additional cost, training to Contractor’s employees, City Facilities staff and Subcontractors in safe operation of equipment, software, chemicals and Best Management Practices (BMPs).

Contractor shall also provide to City, documentation of this training on an annual basis.

J. Contractor shall maintain compliance with the City of Solana Beach Municipal Code, Title 61, regarding storm water run-off system discharge regulations and requirements, California Regional Water Quality Control Board, San Diego Region Order No. R9-20013-0001 and National Pollutant Discharge Elimination System (NPDES) No. CAS0108758, as well as the Best Management Practices (BMPs) referred to in the City's Jurisdictional Urban Runoff Management Plan (JURMP), Section 7, Industrial and Commercial, subsection 7.3.3, Updated BMP Requirements. Examples of such BMPs are described in the flyer "Clean Coastlines, City of Solana Beach, a Pollution Prevention Guide for the Construction Community." Violations of any of these requirements may lead to a civil penalty up to $10,000 per day, per violation.

More information is available from the City's website at: https://www.ci.solana- beach.ca.us/index.asp?SEC=8AD90ACD-A88B-44F8-B89D-
BD976FC2444B&DE=813FB7B7-DEC3-46F5-9144-
666D25BB4D31&Type=B_BASIC
K. The Contractor is required to provide uniformed service personnel. The Contractor’s staff will be required to work in a semi-autonomous manner. The Contractor’s staff will be required to interact in a businesslike and professional manner with City staff and members of the public. The proper uniform includes, but is not limited to:
1) Safety Equipment: All employees shall have the proper safety devices in place.
2) Shoes: Safety leather boots or shoes in good condition. 3) Shirts: All workers shall wear shirts with long or shorts sleeves with the maintenance company name or identifying marks.

L. The City shall provide unimpeded access to all devices to be serviced by the Contractor. The Contractor shall not be held responsible for equipment malfunction or damage should access to equipment or the inability to start and stop primary equipment incidental to the operation of the mechanical system be denied or not provided.

M. The Contractor shall provide safe access and egress for City of Solana 08/22/2023 C8 Page 28 of 186

16 Beach employees or members of the general public. The Contractor agrees to be responsible for providing any equipment necessary to prevent unauthorized access to work areas including common public areas.

N. Contractor shall abide by all applicable laws.

O. Contractor shall report all employee injuries, or any other injuries, that occurred at the service address or other City offices/facilities listed in this contract to the City Representative in writing within 24 hours of incident.

P. When performing any exterior work, Contractor shall conform to the City of Solana Beach’s noise ordinance.

Q. Contractor shall supply the City Representative a comprehensive and thorough checklist of all items completed during the scheduled inspection or preventive maintenance task within 72 hours. Check list shall include items recommended for repair or replacement of non-contracted work with a Proposal for the repair cost.

SPECIAL PROVISIONS

The following revisions and additions supplement the Standard Specifications referenced in Subsection 2-5. The paragraphing follows that of the Standard Specifications.
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17 PART 1 – GENERAL PROVISIONS

SECTION 1 – TERMS, DEFINITIONS, ABBREVIATIONS UNITS OF MEASURE,

AND SYMBOLS

1-2 TERMS AND DEFINITIONS

Agency The City of Solana Beach

Board The City Council of the City of Solana Beach

Engineer The representative of the City Engineer who is assigned to inspect conformance of the work in
accordance with the plans and specifications.

SECTION 2 – SCOPE AND
CONTROL OF THE WORK 2-1 AWARD AND

EXECUTION OF CONTRACT
2-1.1 Award of Contract. The proposals will be compared on the basis of the total price of all preventive maintenance items. The award of the Contract, if it is awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed. Such award, if made, will be within sixty (60) days after the opening of the proposals. All proposals will be compared on the basis of the Engineer’s Estimate and historical cost data. Contractor shall submit to the City, when requested and prior to the award of the contract, a financial statement and resume of previous work of a similar nature.
2-1.2 Execution of Contract.

a. The Contract shall be signed by the successful bidder in triplicate counterpart and returned, together with the contract bonds and insurance, within ten (10) days from mailing the Contract to Contractor.

No contract shall be binding upon the City until same has been completely executed by Contractor and the City.
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18 b. Failure to execute a contract and file acceptable bonds and insurance as provided herein within the time limit above may be just cause for the annulment of the award and the forfeiture of the proposal guarantee.
2-2 ASSIGNMENT
2-2.1 Contractor Indebtedness. Indebtedness incurred for any cause in connection with this work must be paid by Contractor and the City is hereby relieved at all times from any indebtedness or claim other than payments under terms of the Contract and Contractor will indemnify and hold harmless the City and its officers and employees from any loss, demand, damages, claims or actions arising from or in connection with said indebtedness.
2-4 CONTRACT BONDS

Before execution of the Contract by the Agency, the Bidder shall file with the Agency surety bonds satisfactory to the Board in the amounts and for the purposes noted below. Bonds shall be duly executed by a responsible corporate Surety authorized to issue such bonds in the State of California, which has assets that exceed its liabilities in an amount equal to, or in excess of, the amount of the bond. The Bidder shall pay all bond premiums, costs, and incidentals.

Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized.

The Bidder shall provide and maintain two good and sufficient surety bonds. The Payment Bond (Material and Labor Bond) shall be for not less than one hundred percent (100%) of the Contract Price, to satisfy claims of material suppliers and of mechanics and laborers employed by it on the Work. The bond shall be maintained by Contractor in full force and effect until the Work is accepted by the Agency, and until all claims for materials and labor are paid and shall otherwise comply with the Civil Code.

The Performance Bond shall be for one hundred percent (100%) of the Contract Price to guarantee faithful performance of all Work, within the time prescribed, in a manner satisfactory to the Agency, and that all materials and workmanship will be free from original or developed defects.

Should any bond become insufficient, Contractor shall renew the bond within ten (10) days after receiving notice from the Agency.

The Bidder shall submit along with the two bonds the following documentation from the surety insurer:
a. The original, or a certified copy, of the unrevoked appointment, power of attorney, bylaws, or other instrument entitling or authorizing the person 08/22/2023 C8 Page 31 of 186

19 who executed the bond to do so.
b. A copy of the certificate of authority of the insurer issued by the Insurance Commissioner.
c. (If the Agency so requests) A financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to thirty (30) days next preceding the date of the execution of the bond. The financial statement shall be made by an officer’s certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer the financial statement may, instead of an officer’s certificate, be verified by the oath of the principal officer or manager residing within the United States.

Should any Surety at any time be unsatisfactory to the Board, notice will be given Contractor to that effect. No further payments shall be deemed due or will be made under the Contract until a new Surety shall qualify and be accepted by the Board.

Changes in the Work, or extension of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety.
2-5 PLANS AND SPECIFICATIONS
2-5.1 General. Except as otherwise noted or specified, the work shall be done in accordance with the following referenced specifications and drawings, which are on file in the Public Services & Engineering Department.

Document Date Adopted
Standard Specifications for Public Works May 21, 2019 Construction, 2018 Edition

San Diego Regional Standard (SDRSD)
Drawings, 2018 Edition May 21, 2019

City of Solana Beach-annotated SDRSD Drawings, May 21, 2019 2018 Edition
Copies of the City-annotated standard drawings are available from the Engineering and Public Works Department, 635 South Highway 101, Solana Beach, California 92075.

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20 2-5.3 Submittals.

2-5.3.1 General. When submittals are required by Plans or Specifications, or as directed by the Engineer, they may be shop drawings, product data, samples or documents to ensure that the work is in accordance with the Contract documents.

Contractor shall provide the submittals within fifteen (15) calendar days from the date requested in writing by the City. Contractor is responsible for coordinating, scheduling, sequencing and preparing submittals so that work will not be delayed.

Initial submittals requiring approval will be reviewed at no cost to the Contractor. The cost of reviewing resubmittals, for reason of failure to meet Contract requirements, shall be at the expense of Contractor.

Contractor shall furnish five (5) copies (unless otherwise specified herein) of the required submittals to the City Engineer or submit electronically as “pdf” files if authorized by the Engineer. Contractor shall ensure no work has begun until submittals for that item of work have been returned approved. 2-5.3.1.1 Submittals Required. The following submittals shall include, but not be limited to:

1. Construction Schedule
2-5.3.3 Shop Drawings. Contractor agrees that Shop Drawing Submittals processed by the Engineer are not Change Orders; that the purpose of Shop Drawing Submittals by the Contractor is to demonstrate to the Engineer that the Contractor understands the design concept, that he demonstrates his understanding by indicating which equipment and material he intends to furnish and install, and by detailing the fabrication and installation methods that he/she intends to use. Contractor further agrees that if deviations, discrepancies or conflicts between Shop Drawing Submittals and the contract documents in the form of design drawings and specifications are discovered either prior to or after Shop Drawing Submittals are processed by the Engineer, the design drawings and specifications shall control and shall be followed. Shop drawings shall include complete fabrication, assembly, and installation drawings for the complete assembly of the system with all components, equipment, and parts, each with an assigned number corresponding to the system manufacturer’s parts list. Shop drawings shall also show construction details for each component and piece of equipment. All samples and shop drawings are to be submitted to City within thirty (30) calendar days of the Notice to Proceed. Contractor shall submit shop drawings for the items indicated in the specifications. 2-5.4 Record Drawings. Accurate and legible records shall be kept on a set of contract drawings of all changes of work that occur during construction. Contractor shall record the exact location by dimension, and exact depth, by elevation, of all installed material, etc. All information necessary to maintain and/or service any concealed work shall be noted on these record drawings. Such records shall be kept 08/22/2023 C8 Page 33 of 186

21 up to date with all entries checked by the Engineer before the work is buried or covered up. Prior to field acceptance, Contractor shall deliver this information to the Engineer.
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22 SECTION 3 – CHANGES IN WORK

3-3 EXTRA WORK

3-3.2.3 MARKUP
(a) Work by Contractor. The following percentages shall be added to the Contractor’s cost and shall constitute the markup for all overhead and profits:

1. Labor ............................................. 20%

2. Materials ............................................. 15%

3. Equipment Rental ............................... 15%

4. Other Items and Expenditures . . . . . . 15%
To the costs and markups provided for in this subsection, one percent (1%) shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor’s actual cost of such work. A markup of 10 percent (10%) on the first $5,000 of the subcontracted portion of the extra work and a markup of five percent (5%) on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor.

SECTION 4 – CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.2.1 Property Rights in Material. Nothing in the contract shall be construed as vesting in Contractor any right of property in the materials used after they have been attached or affixed to the work or the soil. All such materials shall become the property of the City upon being so attached or affixed. 4-1.9 Storage of Materials. Area available within the City of Solana Beach for storage of materials is limited. Contractor should assume that all materials shall be stored off-site and delivered to the job site as required for construction. If an area within the City is allowed to be used as a storage area, the site shall be kept in a clean condition to the satisfaction of the City and shall conform with Best Management Practices to avoid run-off contamination.

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23 SECTION 5 – UTILITIES

5-2.1 Damage by Contractor. Damage to any existing utility by the Contractor that is discovered within one(1) year after acceptance of the work by the City shall be repaired by Contractor at Contractor’s expense.

SECTION 6 – PROSECUTION, PROGRESS AND ACCEPTANCE OF WORK

6-11 GUARANTEE
All work shall be guaranteed by Contractor for a period of one (1) year from the date of acceptance of the work against defective workmanship and materials furnished by Contractor. Contractor shall promptly replace or repair, in a manner satisfactory to the Engineer, any such defective work after notice to do so from the Engineer, and upon Contractor’s failure to make such replacement or repairs promptly, the City may perform this work and the Contractor and Contractor or Contractor’s surety shall be liable for the cost thereof.

SECTION 7 – RESPONSIBILITIES OF THE CONTRACTOR

7-2 LABOR
7-2.1 Laws. Pursuant to Sections 1720 et seq. and 1770 et seq. of the California Labor Code, Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate or per diem wages are on file in the City Engineer’s office, which copies shall be made available to any interested party on request at the posted reproduction charge. Contractor shall post a copy of such wage determinations at each job site.

Replace with the following:
7-2.2 Payroll Records. Contractor shall furnish the City certified payroll records for all persons employed by the Contractor and subcontractors in connection with work on the project. Failure to do so will delay payments to the Contractor until such certified payrolls are received by the City. Contractor shall furnish electronic certified payroll records (online) to the Labor Commissioner in addition to submitting records to the City, as applicable.
7-3 INSURANCE
7-3.2 General Liability Insurance. Contractor shall obtain and, during the term of the Agreement, shall maintain a commercial general liability (CGL) insurance policy for bodily injury, personal injury, and property damage in an amount of not less than two million dollars ($2,000,000) per occurrence and four million dollars ($4,000,000) aggregate which shall contain the following coverage:

1. Manufacturers’ and Contractor’s liability.
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24 2. Broad form property damage.

3. Owner’s and Contractor’s protective liability.

4. Broad form contractual liability.

5. Products and completed operations coverage.

6. Coverage for explosion, collapse, or underground property damage (X, C, U Hazards).

The CGL insurance policy shall be written on an ISO Occurrence Form CG 00 01 12 07, or a substitute form providing equivalent coverage.

Contractor shall likewise obtain and, during the term of the Agreement, shall maintain an automobile liability insurance policy for bodily injury, personal injury and property damage in an amount of not less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate. Said insurance shall cover liability arising out of any auto (including owned, hired, and non-owned autos). The automobile insurance policy shall be written on an ISO Form Number CA 0001, or a substitute form providing equivalent coverage.

The City of Solana Beach shall be listed as additionally insured on the required CGL and automobile general liability policies. The Additional Insured Endorsement shall be an ISO Form 20 10 11 85 or an ISO Form 20 10 10 01 and 20 37 10 01, or their equivalent, including coverage for the City with respect to liability arising out of the completed operations of the Contractor. Completed operations coverage shall be maintained in effect for the benefit of the City for a period of two (2) years following the completion of the work specified in the Agreement.

The City of Solana Beach shall accept no endorsement or modification to the CGL limiting the scope of coverage required in this Section.

The policy shall contain a provision stating that Contractor’s policy is primary insurance and that insurance (including self- retention) of the City or any named insured will not be called upon to contribute to any loss. The insurance policies must provide that they remain in force for not less than thirty (30) days after a notice is given to the City of the policy’s expiration or cancellation. Contractor’s insurance will not be accepted if these requirements are not met and evidenced in the submitted documents.

Contractor shall furnish certificates of said insurance and policy endorsements to the Contract Officer prior to commencement of work under the Agreement. Failure on the part of Contractor to procure or maintain in full force the required insurance shall constitute a material breach of contract under which the City may terminate the Agreement with the Contractor.
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25 Contractor shall cause each subcontractor employed by Contractor to purchase and maintain insurance of the type specified above. When requested by City, Contractor shall furnish copies of certificates of insurance and policy endorsements evidencing coverage for each subcontractor. Contractor shall maintain Workers’ Compensation insurance and employer’s liability insurance to protect City against all claims under applicable state and federal Workers’ Compensation laws. Insurance coverage shall not be less than the statutory minimum for Workers’ Compensation, and $1,000,000 for employer’s liability. The Contractor shall provide an endorsement that the insurer waives the right of subrogation against the City and its elected officials, officers, employees, agents, representatives and volunteers.
7-5 PERMITS
7-5.1 Licenses. The Contractor shall obtain and pay costs incurred for all licenses necessitated by his operations. Contractor shall obtain a City of Solana Beach Business License prior to commencing any work on this project.

7.8 WORK SITE MAINTENANCE

7-8.6 Water Pollution Control
7-8.6.1 General. The Contractor shall prepare and submit a Best Management Practices (BMP) plan for construction to the City for review and approval. The plan shall indicate what BMPs will be utilized by the Contractor and where they will be located in order to comply with minimum construction BMP requirements for the City of Solana Beach as well as all local, state and federal regulations including, but not limited to:
1) Water quality requirements as set out in the City of Solana Beach’s Municipal Code Title 61 “Storm Water and Urban Run-off Management and Discharge Control.”
2) California Regional Water Quality Control Board, San Diego Region, Order R9-2013-0001 and subsequent amendments regarding National Pollutant Discharge Elimination System (NPDES) Permit and Waste Discharge Requirements for Discharges from the Municipal Separate Storm Sewer Systems (MS4s) draining the watersheds within the San Diego Region. 3) The most current General Construction Activity Storm Water Permit (GCASP).

The BMP Construction Plan shall be submitted utilizing the City’s boilerplate format (available online or by staff) for minimum construction BMPs with all required project Submittals and must be approved prior to issuance of a Notice to Proceed unless otherwise approved by the Engineer. This project is considered exempt. Although the project is considered “exempt,” The Contractor shall implement, monitor, and revise the BMP Construction Plan as needed to suit changing Project site conditions and/or when properly installed systems are ineffective.
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26 The Contractor shall implement, monitor, and revise the BMP Construction Plan as needed to suit changing Project site conditions and/or when properly installed systems are ineffective. Review and approval of the BMP Construction Plan and field inspections completed by the Agency do not relieve Contractor from liabilities arising from non-compliance of storm water pollution regulations.

Compliance with State Water Resources Control Board (SWRCB) requirements is the sole responsibility of Contractor. All fines levied as a result of the Contractor’s failure to comply with the requirements of SWRCB, and/or the BMP Construction Plan, shall be the Contractor’s responsibility. If there is any fine against the Agency due to non- compliance by the Contractor, Agency shall recover all costs of the fine by deducting monies from payments due to the Contractor.

Time extensions will not be allowed for any suspension of work as a result of the Contractor’s non-compliance with the BMP Construction Plan. 7-8.6.3 Storm Water Quality Management Plan (SWQMP). The Contractor shall implement the SWQMP with these Special Provisions. The Notice of Intent will be filed by the City. The Contractor shall implement, monitor, and revise the SWQMP as needed to suit changing Project site conditions and/or when properly installed systems are ineffective.

Implementation of the SWQMP and field inspections completed by the Agency does not relieve Contractor from liabilities arising from non-compliance of storm water pollution regulations.

Compliance with State Water Resources Control Board (SWRCB) requirements is the sole responsibility of Contractor. All fines levied as a result of the Contractor’s failure to comply with the requirements of SWRCB and/or the SWQMP shall be the Contractor’s responsibility. If there are fines against the Agency due to non- compliance by Contractor, Agency shall recover all costs of the fine by deducting monies from payments due to the Contractor.

Time extensions will not be allowed for any suspension of work as a result of the Contractor’s non-compliance with the SWQMP.
7-8.6.5 Payment. Payment for the preparation and implementation of the BMP Construction Plan/SWQMP shall be included in the lump sum bid price for BMP Construction Plan/SWQMP Preparation & Implementation.
7-10 SAFETY
7-10.1.1 Work Area Hazards. Upon completion of each day’s work, the Contractor shall be responsible for leaving the work area free of hazards and shall provide all necessary temporary signs, warning devices, and barricades. 7-10.1.2 Removal of Mark-out Paint. Upon substantial completion of all construction work and prior to final completion, the Contractor shall remove all 08/22/2023 C8 Page 39 of 186

27 construction and DigAlert mark-out paints from streets, roadways and all other locations in the public right-of-way where markings have been placed during construction. Mark-out paint may be removed using power washing or any other removal method approved by the Engineer. The Contractor shall install temporary BMPs to prevent wash water from entering into the City’s storm drain system. 7-10.2.1 Storage of Equipment and Materials in Public Streets. Approval in writing must be obtained from the City Engineer to store equipment or materials within public rights-of-way.

7-10.2.2 Storage of Portable Restrooms. The Contractor shall be permitted to use the public right-of-way during public improvement projects for temporary storage of portable restrooms; however, the containment and location must be as follows:

1. Each portable restroom facility (port-a-potty) must be supplied with a spill tray or other type of secondary containment.

2. Each portable restroom staged on a public street must be relocated every five (5) days or placed within a secured, screened, fenced staging area approved by the Engineer.
7-10.4 Safety.

7-10.4.1.2 Work Site Safety Official. The Contractor shall develop and maintain for the duration of this Contract, a safety program that will effectively incorporate and implement all required safety provisions. The Contractor shall appoint an employee who is qualified and authorized to supervise and enforce compliance with the safety program.

The duty of the City and its consultants is to conduct construction review of the Contractor’s performance and shall not include a review or approval of adequacy of the Contractor’s safety supervisor, the safety program, or any safety measures taken in, on, or near the construction site.

If death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to the City’s inspector or other representative. In addition, the Contractor must promptly report in writing to the City all accidents whatsoever arising out of, or in connection with, the performance of the work whether on or adjacent to the site, giving full details and statements of witnesses.
7-10.4.1.3 Public Safety During Non-Working Hours. Notwithstanding the Contractor’s primary responsibility for safety on the job site when the Contractor is not present, the Engineer, at his option after attempting to contact the Contractor, may direct City forces to perform any functions he may deem necessary to ensure public 08/22/2023 C8 Page 40 of 186

28 safety at or in the vicinity of the job site. If such procedure is implemented, the Contractor will bear all expenses incurred by the City.

In all cases, the judgment of the Engineer shall be final in determining whether or not an unsafe situation exists.
7-10.4.2 Safety Orders.
7-10.4.2.1 General. The Contractor shall be solely and completely responsible for conditions on the job site, including safety of all persons (including employees) and property during performance of the work. This requirement shall apply continuously and is not limited to normal working hours. Safety provisions shall conform to U. S.

Department of Labor, the California Occupational Safety and Health Act (OSHA), and all other applicable federal, state, county, and city laws, ordinances, codes, the requirements set forth below, and any regulations that may be detailed in other parts of these documents. Where any of these are in conflict, the more stringent requirement shall be followed. The Contractor’s failure to thoroughly familiarize himself with the aforementioned safety provisions shall not relieve him from compliance with the obligations and penalties set forth herein.

The Contractor shall develop and maintain for the duration of this Contract, a safety program that will effectively incorporate and implement all required safety provisions.

SECTION 8 –RESERVED

SECTION 9 – MEASUREMENT AND PAYMENT

9-3 PAYMENT

9-3.2 Partial and Final Payment. From each progress estimate, five percent (5%) will be deducted and retained by the City and the remainder, less the amount of all previous payments, will be paid to the Contractor. The five percent (5%) retention shall apply to all work done regarding which there is no dispute.

9.3.3 Standard Pay Application.

SECTION 10 – DISPUTES

10-1 If a dispute should arise regarding the performance of this Contract, the following procedures shall be used to address any question of fact or interpretation not otherwise settled by agreement between the parties. Such questions, if they become identified as part of a dispute between persons operating under the provision of the Contract, shall be reduced to writing by the complaining party. A copy of such documented dispute shall be forwarded to the other party involved, along with recommended methods of resolution that would be of benefit to both parties. The 08/22/2023 C8 Page 41 of 186

29 party receiving the letter shall reply to the letter along with a recommended method of resolution within ten (10) days of receipt of the letter. 10-2 If the dispute is not resolved, the aggrieved party shall send a letter outlining the dispute to the City Engineer to be resolved. 10-3 If the dispute remains unresolved and the parties have exhausted the procedures of this section, the parties may then seek remedies available to them at law or in equity.
10-4 Pursuant to Public Contracts Code section 20104, a claim by the Contractor for a time extension; payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Contract which is not otherwise expressly provided for or the claimant is not otherwise entitled to; or an amount the payment of which is disputed by the City, shall be dealt with as follows:

A. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by the Contract for the filing of claims.

B. Claim of less than fifty thousand dollars ($50,000):

1. For claims of less than fifty thousand dollars ($50,000), the City shall respond in writing to any written claim within forty-five (45) days of receipt of the claim, or may request, in writing, within thirty (30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have against the claimant.

2. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the claimant.

3. The City’s written response to the claim, as further documented, shall be submitted to the claimant within fifteen (15) days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater.

C. Claim of fifty thousand dollars ($50,000) or more:

1. For claims of fifty thousand dollars ($50,000) or more, the City shall respond in sixty (60) days of receipt of the claim, or may request, in writing, within thirty (30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have against the claimant.
08/22/2023 C8 Page 42 of 186

30 2. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant.

3. The City’s written response to the claim, as further documented, shall be submitted to the claimant within thirty (30) days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater.

D. If the claimant disputes the City’s written response, or the City fails to respond within the time prescribed, the claimant may so notify the City, in writing, either within fifteen (15) days of receipt of the local agency’s response or within fifteen (15) days of the City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the City shall schedule a meet and confer conference within thirty (30) days for settlement of the dispute.

E. If following the meet and confer conference the claim or any portion remains in dispute, the claimant may file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code.

For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to Subsection A until the time the claim is denied, including any period of time utilized by the meet and confer conference.

F. A civil action filed to resolve a claim subject to Section 10-4 of this Contract shall be subject to the provisions of PCC Sections 20104.4 and 20104.6.

END OF PART
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Agreement Revised 1/11/2017 Attorney approved template January 2017

LABOR AND MATERIALS BOND
WHEREAS, the City Council of the City of Solana Beach, State of California, by Resolution No. ___________________, adopted _______________________________________, has awarded to ________________________________________________________________________________ (hereinafter designated as the "Principal"), a Contract for:

Traffic Signal and Safety Lighting Maintenance
Bid No.: 2023-06
in the City of Solana Beach, in strict conformity with the drawings and specifications, and other Con- tract Documents now on file in the Office of the City Clerk of the City of Solana Beach and all of which are incorporated herein by this reference.

WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the perfor- mance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth.

NOW, THEREFORE, WE, ________________________________________________________, as Principal, (hereinafter designated as the "CONTRACTOR"), and ______________________________
__________________________________ as Surety, are held firmly bound unto the City of Solana Beach (hereinafter designated as the "City") in the sum of _____________________________________________________________________ _______________________________________________________ Dollars ($_______________), said sum being an amount equal to: One-hundred percent (100%) of the total amount payable under the terms of the contract by the City of Solana Beach, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and sever- ally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if the CONTRACTOR or his/her subcontrac- tors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 3181, or for amounts due under the Unemployment In- surance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the CONTRACTOR and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 3248.

This bond shall inure to the benefit of any of the persons named in California Civil Code section 3181, so as to give a right of action to those persons or their assigns in any suit brought upon the bond.

Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications.

In the event that CONTRACTOR is an individual, it is agreed that the death of any such CONTRACTOR shall not exonerate the Surety from its obligations under this bond. 08/22/2023 C8 Page 71 of 186

Agreement Revised 1/11/2017 Attorney approved template January 2017 Executed by CONTRACTOR this _________
day of ________________________, 20____.

CONTRACTOR:
_____________________________________
(name of CONTRACTOR)
By:__________________________________
(sign here)
_____________________________________
(print name here)
_____________________________________
(title and organization of signatory)
By:__________________________________
(sign here)
_____________________________________
(print name here)
_____________________________________
(title and organization of signatory)
Executed by SURETY this ____________ day
of ___________________________, 20____.

SURETY:
_____________________________________
(name of Surety)
_____________________________________
(address of Surety)
_____________________________________
(telephone number of Surety)
By:
_____________________________________
(signature of Attorney-in-Fact)
_____________________________________
(printed name of Attorney-in-Fact)
(attach corporate resolution showing current
power of attorney)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant sec- retary under corporate seal empowering that officer to bind the corporation.) 08/22/2023 C8 Page 72 of 186

Agreement Revised 1/11/2017 Attorney approved template January 2017

FAITHFUL PERFORMANCE/WARRANTY BOND
WHEREAS, the City Council of the City of Solana Beach, State of California, by Resolution No.______________, adopted ________________________________________, has awarded to _____________________________________________________________________, (hereinafter designated as the "Principal"), a Contract for:

Traffic Signal and Safety Lighting Maintenance
Bid No.: 2023-06
in the City of Solana Beach, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Solana Beach, all of which are incorporated herein by this reference.

WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, _______________________________________________, as Principal, (hereinafter designated as the "CONTRACTOR"), and
________________________________________
_____________________________, as Surety, are held and firmly bound unto the City of Solana Beach (hereinafter designated as the "CONTRACTOR"), in the sum of ______________________________________________________________ Dollars ($________________), said sum being equal to one-hundred percent (100%) of the estimated amount of the Contract, to be paid to City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, suc- cessors or assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden CONTRACTOR, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their 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, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, in- curred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. In the event that CONTRACTOR is an individual, it is agreed that the death of any such CONTRACTOR shall not exonerate the Surety from its obligations under this bond. 08/22/2023 C8 Page 73 of 186

Agreement Revised 1/11/2017 Attorney approved template January 2017 Executed by CONTRACTOR this _________
day of ________________________, 20____.

CONTRACTOR:
_____________________________________
(name of CONTRACTOR)
By:__________________________________
(sign here)
_____________________________________
(print name here)
_____________________________________
(title and organization of signatory)
By:__________________________________
(sign here)
_____________________________________
(print name here)
_____________________________________
(title and organization of signatory)
Executed by SURETY this ____________ day
of ___________________________, 20____.

SURETY:
_____________________________________
(name of Surety)
_____________________________________
(address of Surety)
_____________________________________
(telephone number of Surety)
By:__________________________________
(signature of Attorney-in-Fact)
_____________________________________
(printed name of Attorney-in-Fact)
(attach corporate resolution showing current
power of attorney)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. A corpo- ration must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering one officer to bind the corporation.)
08/22/2023 C8 Page 74 of 186

Agreement modified 5/17/2023 Page 1 of 14 ACA approved template April 2022 D City of Solana Beach

SERVICES AGREEMENT

FOR TRAFFIC SIGNAL AND SAFETY LIGHTING MAINTENANCE
This Services Agreement (“AGREEMENT”) is made and entered into this 10th day of May, 2023 by and between the CITY OF SOLANA BEACH, a municipal corporation (“CITY”), and, Yunex, LLC a Limited Liability Company, (“CONTRACTOR”) (collectively “PARTIES”).

WHEREAS, the CITY desires to employ a contractor to furnish TRAFFIC SIGNAL AND SAFETY LIGHTING MAINTENANCE SERVICES (“SERVICES”) for TRAFFIC SIGNAL AND SAFETY LIGHTING MAINTENANCE PROJECT (“PROJECT”); and
WHEREAS, on March 16, 2023, the CITY issued a Notice Inviting Bids (“NIB”) for the PROJECT; and
WHEREAS, on April 18, 2023, CONTRACTOR submitted a proposal in response to the NIB (“PROPOSAL”); and
WHEREAS, the CITY determined that CONTRACTOR was the lowest responsible bidder and is qualified by experience and ability to perform the services desired by CITY, and CONTRACTOR is willing to perform such services; and
WHEREAS, CONTRACTOR will conduct all the work as described and detailed in this AGREEMENT, the NIB and the PROPOSAL to be provided to the CITY; and WHEREAS, on May 10, 2023, the City Council for the CITY awarded this AGREEMENT to CONTRACTOR and authorized the City Manager to execute this AGREEMENT.

NOW, THEREFORE, the PARTIES hereto mutually covenant and agree with each other as follows:

1. SERVICES.

1.1. Scope of Services. The CONTRACTOR shall perform the SERVICES as set forth in the written Scope of Services and Fee, attached as Exhibit “A” Scope of Services, at the direction of the CITY. CITY shall provide CONTRACTOR access to appropriate staff and resources for the coordination and completion of the projects under this AGREEMENT. For all work to be performed on site in the City, the CITY and CONTRACTOR agree that the Scope of Services begins when the CONTRACTOR arrives on site and terminates when the CONTRACTOR leaves the site. Travel time to and from project site shall not be considered time on the job or compensated by the CITY.

1.2. Project Coordinator. The Public Works Manager is hereby designated as the Project Coordinator for CITY and will monitor the progress and execution of this AGREEMENT.

CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this AGREEMENT for CONTRACTOR. Service Operations Supervisor is hereby designated as the Project Director for CONTRACTOR. 08/22/2023 C8 Page 75 of 186

Agreement modified 5/17/2023 Page 2 of 14 ACA approved template April 2022 D

1.3. City Modification of Scope of Services. CITY may order changes to the Scope of Services within the general scope of this AGREEMENT consisting of additions, deletions, or other revisions. If such changes cause a change in the CONTRACTOR’s cost of, or time required for, completion of the Scope of Services, an equitable adjustment to CONTRACTOR’s compensation and/or contract time shall be made, subject to the CITY’S approval. All such changes shall be authorized in writing, executed by CONTRACTOR and CITY.

2. DURATION OF AGREEMENT.

2.1. Term. The term of this AGREEMENT shall be for a period of one (1) year beginning from the date of execution of the AGREEMENT. Time is of the essence in the performance of work under this AGREEMENT, unless otherwise specified.

2.2. Extensions. If marked, the CITY shall have the option to extend the AGREEMENT for four (4) additional one (1) year periods or parts thereof for an amount not to exceed thirty-two thousand six hundred sixty-nine dollars and seventy-two cents and ($32,669.72) per AGREEMENT year. Extensions shall be in the sole discretion of the City Manager and shall be based upon CONTRACTOR’s satisfactory past performance, CITY needs, and appropriation of funds by the City Council. The CITY shall give written notice to CONTRACTOR prior to exercising the option.

2.3. Delay. Any delay occasioned by causes beyond the control of CONTRACTOR may merit an extension of time for the completion of the Scope of Services. When such delay occurs, CONTRACTOR shall immediately notify the Project Coordinator in writing of the cause and the extent of the delay, whereupon the Project Coordinator shall ascertain the facts and the extent of the delay and grant an extension of time for the completion of the SERVICES when justified by the circumstances.

2.4. City’s Right to Terminate for Default. Should CONTRACTOR be in default of any covenant or condition hereof, CITY may immediately terminate this AGREEMENT for cause if CONTRACTOR fails to cure the default within ten (10) calendar days of receiving written notice of the default.

2.5. City’s Right to Terminate without Cause. Without limiting its rights in the event of CONTRACTOR’s default, CITY may terminate this AGREEMENT, without cause, by giving written notice to CONTRACTOR. Such termination shall be effective upon receipt of the written notice. CONTRACTOR shall be compensated for all effort and material expended on behalf of CITY under the terms of this AGREEMENT, up to the effective date of termination. All personal property remaining in CITY facilities or on CITY property thirty (30) days after the expiration or termination of this AGREEMENT shall be, at CITY’s election, considered the property of CITY.

3. COMPENSATION.

3.1. Total Amount. The total cost for all work described in the Scope of Services and Fee (Exhibit “A”) shall not exceed one hundred forty-six thousand nine hundred twenty-four dollars and seventy-two cents ($146,924.72) without prior written authorization from CITY. CONTRACTOR shall bill the CITY for work provided and shall present a written request for such payment monthly.

3.2. Additional Services. CITY may, as the need arises or in the event of an emergency, request additional services of CONSULTANT. Should such additional services be required, CITY and CONSULTANT shall agree to the cost prior to commencement of these services.

3.3. Costs. Any costs billed to the CITY shall be approved in writing in advance and in accordance with any terms negotiated and incorporated herein as part of Exhibit “A” Scope of Services and Fee.
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4. INDEPENDENT CONTRACTOR.

4.1. CONTRACTOR is, for all purposes arising out of this AGREEMENT, an independent contractor.

The CONTRACTOR has and shall retain the right to exercise full control and supervision of all persons assisting the CONTRACTOR in the performance of said services hereunder, the CITY only being concerned with the finished results of the work being performed. Neither CONTRACTOR nor CONTRACTOR’s employees shall in any event be entitled to any benefits to which CITY employees are entitled, including, but not limited to, overtime, retirement benefits, workers’ compensation benefits, injury leave or other leave benefits. CONTRACTOR is solely responsible for all such matters, as well as compliance with social security and income tax withholding and all other regulations and laws governing such matters.

4.2 PERS Eligibility Indemnification. In the event that CONTRACTOR’s employee providing services under this AGREEMENT claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, CONTRACTOR’s employees providing service under this AGREEMENT shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation and benefit including but not limited to eligibility to enroll in PERS as an employee of CITY and entitlement to any contributions to be paid by CITY for employer contributions and/or employee contributions for PERS benefits.

4.3 Indemnification for Employee Payments. CONTRACTOR agrees to defend and indemnify the CITY for any obligation, claim, suit or demand for tax, retirement contribution including any contribution to the PERS, social security, salary or wages, overtime payment, or workers’ compensation payment which the CITY may be required to make for work done under this AGREEMENT.

4.4 The provisions of this section 4 are continuing obligations that shall survive expiration or termination of this AGREEMENT.

5. STANDARD OF PERFORMANCE.

While performing the SERVICES, CONTRACTOR shall exercise the reasonable care and skill customarily exercised by reputable members of CONTRACTOR’s profession practicing in the metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its skill and expertise.

6. WARRANTY OF CONTRACTOR’S LICENSE.

CONTRACTOR warrants that CONTRACTOR is properly licensed with the applicable government agency(ies) for any SERVICES that require a license. If the CONTRACTOR lacks such license, this AGREEMENT is void and of no effect.

7. AUDIT OF RECORDS.

7.1. At any time during normal business hours and as often as may be deemed necessary the CONTRACTOR shall make available to a representative of CITY for examination all of its records with respect to all matters covered by this AGREEMENT and shall permit CITY to audit, examine and/or reproduce such records. CONTRACTOR shall retain such financial and program service records for at least four (4) years after termination or final payment under this AGREEMENT.

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8. CONFIDENTIALITY AND SECURITY.

8.1. Confidential Work Product. All SERVICES performed by CONTRACTOR, including but not limited to all drafts, data, correspondence, proposals, reports, research and estimates compiled or composed by CONTRACTOR, pursuant to this AGREEMENT, are for the sole use of the CITY, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the CITY. This provision does not apply to information that (a) was publicly known, or otherwise known to CONTRACTOR, at the time that it was disclosed to CONTRACTOR by the CITY, (b) subsequently becomes publicly known through no act or omission of CONTRACTOR or (c) otherwise becomes known to CONTRACTOR other than through disclosure by the CITY. Except for any subcontractors that may be allowed upon prior agreement, neither the documents nor their contents shall be released to any third party without the prior written consent of the CITY. The sole purpose of this section is to prevent disclosure of CITY’s confidential and proprietary information by CONTRACTOR or subcontractors.

8.2. Confidentiality. Both parties recognize that their respective employees and agents, in the course of performance of this AGREEMENT, may be exposed to confidential information and that disclosure of such information could violate the rights of private individuals and entities, including the parties and third parties. Confidential information is nonpublic information that a reasonable person would believe to be confidential and includes, without limitation, personal identifying information (e.g., social security numbers) and trade secrets, each as defined by applicable state law, and all other information protected by applicable law (“Confidential Information”). The party receiving Confidential Information (“Receiving Party”) of the other (“Disclosing Party”) shall not, and shall cause its employees and agents who are authorized to receive Confidential Information, not to, use Confidential Information for any purpose except as necessary to implement, perform or enforce this AGREEMENT or comply with its legal obligations. Receiving Party will use the same reasonable efforts to protect the Confidential Information of Disclosing Party as it uses to protect its own proprietary information and data. The Receiving Party will not disclose or release Confidential Information to any third person without the prior written consent of the Disclosing Party, except for where required by law or for authorized employees or agents of the Receiving Party. Prior to disclosing the Confidential Information to its authorized employees or agents, Receiving Party shall inform them of the confidential nature of the Confidential Information and require them to abide by the terms of this AGREEMENT. Receiving Party will promptly notify Disclosing Party if Receiving Party discovers any improper use or disclosure of Confidential Information and will promptly commence all reasonable efforts to investigate and correct the causes of such improper use or disclosure. If Receiving Party believes the Confidential Information must be disclosed under applicable law, Receiving Party may do so provided that, to the extent permitted by law, the other party is given a reasonable notice and opportunity to contest such disclosure or obtain a protective order.

Confidential Information does not include information that: (i) is or becomes known to the public without fault or breach of the Receiving Party; (ii) the Disclosing Party regularly discloses to third parties without restriction on disclosure; or (iii) the Receiving Party obtains from a third party without restriction on disclosure and without breach of a non-disclosure obligation. Confidential Information does not include any information that is required to be provided to the public pursuant to the laws of the United States and/or California such as the California Public Records Act, due to the nature of CITY being a local governmental agency. The non-disclosure and non-use obligations of this AGREEMENT will remain in full force with respect to each item of Confidential Information for a period of ten (10) years after the Receiving Party’s receipt of that item.

8.3. Enforcement. Each party acknowledges that any breach of any of the provisions of Section 8 of this AGREEMENT may result in irreparable injury to the other for which money damages would not adequately compensate. If there is a breach, then the injured party shall be entitled, in addition to all other rights and remedies which it may have, to have a decree of specific performance or an injunction issued by any competent court, requiring the breach to be cured or enjoining all persons involved from continuing the breach. 08/22/2023 C8 Page 78 of 186

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9. CONFLICTS OF INTEREST.

9.1. CONTRACTOR shall at all times comply with all federal, state and local conflict of interest laws, regulations, and policies applicable to public contracts and procurement practices, including but not limited to California Government Code Section 81000 et seq. (Political Reform Act) and Section 1090 et seq. CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103.

CONTRACTOR represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the CITY.

9.2. If, in performing the SERVICES set forth in this AGREEMENT, the CONTRACTOR makes, or participates in, a “governmental decision” as described in Title 2, Section 18700.3(a) of the California Code of Regulations, or performs the same or substantially all the same duties for the CITY that would otherwise be performed by a CITY employee holding a position specified in the department's conflict of interest code, the CONTRACTOR shall be subject to a conflict of interest code requiring the completion of one or more statements of economic interests disclosing the CONTRACTOR’s relevant financial interests.

9.3. If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act. Specifically, the CONTRACTOR shall file a Fair Political Practices Commission Form 700 (Assuming Office Statement) within thirty (30) calendar days of the CITY’s determination that the CONTRACTOR is subject to a conflict of interest code. The CONTRACTOR shall also file a Form 700 (Annual Statement) on or before April 1 of each year of the AGREEMENT, disclosing any financial interests held during the previous calendar year for which the CONTRACTOR was subject to a conflict of interest code.

9.4. CITY represents that pursuant to California Government Code Section 1090 et seq., none of its elected officials, officers, or employees has an interest in this AGREEMENT.

10. DISPOSITION AND OWNERSHIP OF DOCUMENTS.

10.1. All documents, data, studies, drawings, maps, models, photographs and reports prepared by CONTRACTOR under this AGREEMENT, whether paper or electronic, shall become the property of CITY for use with respect to this PROJECT, and shall be turned over to the CITY upon completion of the PROJECT or any phase thereof, as contemplated by this AGREEMENT.

10.2. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this AGREEMENT, except upon the CITY’s prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer.

11. INSURANCE

11.1. CONTRACTOR shall procure and maintain for the duration of the AGREEMENT insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, their agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A.M. Best’s rating of no less than “A” and “VII” unless otherwise approved in writing by the CITY’s Risk Manager. 08/22/2023 C8 Page 79 of 186

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11.2. CONTRACTOR’s liabilities, including but not limited to CONTRACTOR’s indemnity obligations, under this AGREEMENT, shall not be deemed limited in any way to the insurance coverage required herein. All policies of insurance required hereunder must provide that the CITY is entitled to thirty (30) days prior written notice of cancellation or non-renewal of the policy or policies, or ten (10) days prior written notice for cancellation due to non-payment of premium.

Maintenance of specified insurance coverage is a material element of this AGREEMENT.

11.3. Types and Amounts Required. CONTRACTOR shall maintain, at minimum, the following insurance coverage for the duration of this AGREEMENT:

11.3.1. Commercial General Liability (CGL). If checked the CONTRACTOR shall maintain CGL Insurance written on an ISO Occurrence form or equivalent providing coverage at least as broad as CG 00 01 which shall cover liability arising from any and all personal injury or property damage, including ongoing and completed operations, in the amount no less than $2,000,000.00 per occurrence and subject to an annual aggregate of $4,000,000.00. If limits apply separately to this project (CG 25 03 or 25 04) the general aggregate limit shall not apply. There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability. All defense costs shall be outside the limits of the policy. If the CONTRACTOR or subcontractor maintains higher limits than the limits shown above, the CITY shall be entitled to coverage for the higher limits maintained by the CONTRACTOR and their subcontractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. Any excess or umbrella policies being used to meet the required limits of insurance will be evaluated separately and must meet the same qualifications as the CONTRACTOR’s primary policy.

11.3.2. Commercial Automobile Liability. If checked the CONTRACTOR shall maintain Commercial Automobile Liability Insurance for all of the CONTRACTOR's automobiles including owned, hired and non-owned automobiles, automobile insurance written on an ISO form CA 00 01 12 90 or a later version of this form or an equivalent form providing coverage at least as broad for bodily injury and property damage for a combined single limit no less than $1,000,000.00 per occurrence.

Insurance certificate shall reflect coverage for any automobile (any auto).

11.3.3. Workers' Compensation. If checked the CONTRACTOR shall maintain Worker’s Compensation insurance for all of the CONTRACTOR's employees who are subject to this AGREEMENT and to the extent required by applicable state or federal law, a Workers' Compensation policy providing at minimum $1,000,000.00 employers' liability coverage. The CONTRACTOR shall provide an endorsement that the insurer waives the right of subrogation against the CITY and its respective elected officials, officers, employees, agents and representatives.

11.4. Self-Insured Retentions. Any self-insured retentions are the responsibility of the CONTRACTOR and must be declared to and approved by the CITY. At the option of the CITY, either (1) the insurer shall reduce or eliminate such self-insured retentions as respects the CITY, its officers, officials, employees and volunteers, or (2) the CONTRACTOR shall provide a financial guarantee satisfactory to the CITY guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

11.5. Additional Required Provisions. The commercial general liability, including any excess or umbrella policies being used to meet the required limits of insurance, and automobile liability policies shall contain, or be endorsed to contain, the following provisions:
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11.5.1. The CITY, its officers, officials, employees, and representatives shall be named as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the CONTRACTOR including materials, parts, or equipment furnished in connection with such work or operations. The CITY's additional insured status must be reflected on additional insured endorsement form (20 10 1185 or 20 10 1001 and 20 37 1001) which shall be submitted to the CITY.

11.5.2. The policies are primary and non-contributory to any insurance that may be carried by the CITY, as reflected in an endorsement at least as broad as CG 20 01 04 13 which shall be submitted to the CITY. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, or representatives shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.

11.6. Verification of Coverage. CONTRACTOR shall furnish the CITY with original certificates and amendatory endorsements effecting coverage required by this Section 11, as well as a complete, certified copy of any general liability policy being used to meet the required limits of insurance, which shall include the declaration pages, a schedule of forms listing all policy endorsements, and all policy forms. The endorsements should be on forms approved by the CITY or on other than the CITY’s forms provided those endorsements conform to CITY requirements. All certificates and endorsements are to be received and approved by the CITY before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

11.7. Special Risks or Circumstances. CITY reserves the right to modify these requirements, including limits, based on the nature of risk, prior experience, insurer, coverage, or other special circumstances.

12. PREVAILING WAGE

12.1. Prevailing Wage. As required by Sections 1770 et seq. of the California Labor Code, CONTRACTOR and its subcontractors shall not pay less than the prevailing rates of per diem wages as determined by the Director of the California Department of Industrial Relations.

CONTRACTOR is required to comply with California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815, which are incorporated fully herein by reference, and the CONTRACTOR agrees to comply with all of the above-referenced provisions and any other applicable statutes or regulations now existing or hereafter enacted or ameded related to CONTRACTOR’s performance of its obligations under this AGREEMENT. Specifically, the CONTRACTOR agrees to:

12.1.1. Pay all workers not less than the general prevailing rate of per diem wages for work of similar character in the locality in which the public work is performed.

12.1.2. Pay all workers not less than the general prevailing rate of per diem wages for holiday and for overtime work that exceeds 8 hours in one day and 40 hours in one week.

12.1.3. Adhere to the compliance measures outlined in Labor Code 1775(b) for any subcontractor that the CONTRACTOR chooses to use on the PROJECT.

12.1.4. Maintain payroll records as required.

12.1.5. Comply with all apprenticeship requirements pursuant to Labor Code 1777.5.

Copies of such prevailing rate of per diem wages are on file at the office of the City Clerk, which copies shall be made available to any interested party on request. Copies of the prevailing rate of per diem wages may also be found at https://www.dir.ca.gov/oprl/DPreWage Determination.htm. CONTRACTOR shall post a copy of such determination of each job site.

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Agreement modified 5/17/2023 Page 8 of 14 ACA approved template April 2022 D with state's wage and hour laws will be enforced. CONTRACTOR shall, as a penalty, forfeit to CITY $50.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates for such work or craft in which such worker is employed for any public work done under the AGREEMENT by it or by any subcontractor under it.

12.2. Payroll Records. As required by sections 1771.4(a)(3) and 1776 of the California Labor Code, each CONTRACTOR and subcontractor shall keep an accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by CONTRACTOR in connection with the public work.

The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of CONTRACTOR on the following basis:

12.2.1. CONTRACTOR and each subcontractor shall keep, certify and make available accurate payroll record in accordance with Labor Code Sections 1771.4(a)(3) and 1776.

12.2.2. The record shall contain the names, addresses, social security numbers, work classifications, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by CONTRACTOR and/or subcontractor in connection with the work.

12.2.3. Payroll records shall be certified and shall be on forms provided by the Division of Labor Standards Enforcement, or shall contain the same information as those forms.

Upon written request by the CITY, CONTRACTOR’s and subcontractor's certified payroll records shall be furnished within ten (10) days. CONTRACTOR’s and subcontractor's certified payroll records shall be available for inspection at the principal office of the CONTRACTOR. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request.

12.2.4. A certified copy of all payroll records shall be made available for inspection or furnished upon request to a representative of the CITY, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations.

12.2.5. A certified copy of all payroll records shall be made available upon request by the public for inspection or for copies thereof, but the public shall not be given access to the records at the principal office of the CONTRACTOR. A request by the public shall be made through either the CITY, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (b) above, the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the CONTRACTOR, subcontractors, and the entity through which the request was made.

12.2.6. Each CONTRACTOR and subcontractor shall file a certified copy of the records with the entity that requested the records within ten (10) days after receipt of a written request.
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12.2.7. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the forwarding body, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the CONTRACTOR shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual's name and social security number.

12.2.8. CONTRACTOR shall inform the CITY of the location of the payroll records including the street, address, CITY and county, and shall, within five (5) working days provide a notice of change of location and address if necessary.

12.2.9. In the event of non-compliance with the requirements of this provision, CONTRACTOR shall have ten (10) days in which to comply subsequent to receipt of written notice specifying in what respects CONTRACTOR must comply with this provision. Should non-compliance still be evident after the ten (10) day period, CONTRACTOR shall, as a penalty to CITY, forfeit $100.00 for each calendar day, or portion thereof, for each worker until strict compliance is effected. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments currently due. Responsibility for compliance with these provisions lies with the CONTRACTOR.

12.3. Apprentices. CONTRACTOR shall be responsible for complying with all the requirements of Labor Code section 1777.5, including the following:

12.3.1. Every apprentice employed on the public work under this contract shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he is registered and shall be employed only at the work of the craft or trade to which he is registered.

12.3.2. Only apprentices, as defined in Labor Code Section 3077, who are in training under apprenticeship standards approved by the Chief of the Division of Apprenticeship Standards and who are parties to written apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 of the Labor Code are eligible to be employed at the apprentice rate on public works.

12.3.3. When CONTRACTOR, in performing any of the work under the contract, employs workers in any apprenticeable craft or trade, CONTRACTOR shall employ apprentices in at least the ratio set forth in Labor Code Section 1777.5.

12.3.4. Prior to commencing work on the AGREEMENT, CONTRACTOR shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work. The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the CITY if requested. Within 60 days after concluding work on the AGREEMENT, each CONTRACTOR and subcontractor shall submit to the CITY, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information provided shall be public. 08/22/2023 C8 Page 83 of 186

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12.4. Working hours. CONTRACTOR shall comply with all applicable provisions of Section 1810 to 1815, inclusive, of the California Labor Code relating to working hours. Eight hours labor shall constitute a legal day’s work in all cases where the same is performed under the authority of any law of this State, or under the direction, or control or by the authority of the CITY, or of any officer thereof. Work performed by employees of CONTRACTOR in excess of eight (8) hours during any one (1) calendar day, and forty (40) hours during any one (1) calendar week, shall be permitted on this project only upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1-1/2 times the basic rate of pay. CONTRACTOR shall, as a penalty to the CITY, forfeit $25.00 for each worker employed in the execution of the Contract by the CONTRACTOR or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Labor Code section 1810 et seq.

13. INDEMNIFICATION.

CONTRACTOR agrees to indemnify, defend (with counsel acceptable to CITY), and hold harmless the CITY, and its officers, officials, agents and employees from any and all claims, demands, costs or liabilities that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of CONTRACTOR, its employees, agents, and subcontractors in the performance of or failure to perform services or obligations under this AGREEMENT. CONTRACTOR’s duty to indemnify under this section shall not include liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense arising from the sole negligence or willful misconduct by the CITY or its elected officials, officers, agents, and employees. CONTRACTOR's indemnification obligations shall not be limited by the insurance provisions of this AGREEMENT. The PARTIES expressly agree that any payment, attorney's fees, costs or expense CITY incurs or makes to or on behalf of an injured employee under the CITY's self-administered workers' compensation is included as a loss, expense, or cost for the purposes of this section, and that this section will survive the expiration or early termination of this AGREEMENT.

14. SUBCONTRACTORS.

14.1. The CONTRACTOR’s hiring or retaining of third parties (i.e. subcontractors) to perform services related to the PROJECT is subject to prior written approval by the CITY.

14.2. All contracts entered into between the CONTRACTOR and its subcontractor shall also provide that each subcontractor shall obtain insurance policies which shall be kept in full force and effect during any and all work on this PROJECT and for the duration of this AGREEMENT. The CONTRACTOR shall require the subcontractor to obtain, all policies described in Section 11 in the amounts required by the CITY, which shall not be greater than the amounts required of the CONTRACTOR.

14.3. In any dispute between the CONTRACTOR and its subcontractor, the CITY shall not be made a party to any judicial or administrative proceeding to resolve the dispute. The CONTRACTOR agrees to defend and indemnify the CITY as described in Section 12 of this AGREEMENT should the CITY be made a party to any judicial or administrative proceeding to resolve any such dispute.

15. PRECENDENCE OF DOCUMENTS.

In the event of any ambiguity, inconsistency or conflict amongst the Contract Documents (as that term is defined in the NIB), the following the Contract Documents shall govern in the following order:

15.1. Any Amendment to this AGREEMENT

15.2. This AGREEMENT

15.3. Exhibits to this AGREEMENT

15.4. Scope of Services in the NIB
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15.5. Special Provisions in the NIB

15.6. Other Provisions in the NIB

15.7. Solana Beach Annotations to the San Diego Regional Standards

15.8. San Diego Regional Standard Drawings for Public Works, 2018 Edition

15.9. Standard Specifications for Public Works Construction (Green Book)

15.10. Bidder’s Proposal

16. NON-DISCRIMINATION.

CONTRACTOR shall not discriminate against any employee or applicant for employment because of sex, race, color, age, religion, ancestry, national origin, military or veteran status, disability, medical condition, genetic information, gender expression, marital status, or sexual orientation. CONTRACTOR shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their sex, race, color, age, religion, ancestry, national origin, military or veteran status, disability, medical condition, genetic information, gender expression, marital status, or sexual orientation and shall make reasonable accommodation to qualified individuals with disabilities or medical conditions. Such action shall include, but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by CITY setting forth the provisions of this non-discrimination clause.

17. NOTICES.

All communications to either party by the other party shall be delivered to the persons listed below. Any such written communications by mail shall be conclusively deemed to have been received by the addressee five (5) calendar days after the deposit thereof in the United States mail, postage prepaid and properly addressed as noted below.

MOHAMMAD SAMMAK, DIRECTOR OF

ENGINEERING AND PUBLIC WORKS
City of Solana Beach
635 S. Highway 101
Solana Beach, CA 92075

MICHAEL HUTCHENS, OPERATIONS

MANAGER
Yunex, LLC.
1820 John Towers Ave, Suite A
El Cajon, CA 92020

18. ASSIGNABILITY.

This AGREEMENT and any portion thereof shall not be assigned or transferred, nor shall any of the CONTRACTOR’s duties be delegated or sub-contracted, without the express written consent of the CITY.

19. RESPONSIBILITY FOR EQUIPMENT.

CITY shall not be responsible nor held liable for any damage to persons or property consequent upon the use, misuse, or failure of any equipment used by CONTRACTOR or any of CONTRACTOR’s employees or subcontractors, even if such equipment has been furnished, rented, or loaned to CONTRACTOR by CITY.

The acceptance or use of any such equipment by CONTRACTOR, CONTRACTOR’s employees, or subcontractors shall be construed to mean that CONTRACTOR accepts full responsibility for and agrees to exonerate, defend, indemnify and hold harmless CITY from and against any and all claims for any damage whatsoever resulting from the use, misuse, or failure of such equipment. 08/22/2023 C8 Page 85 of 186

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20. CALIFORNIA LAW; VENUE.

This AGREEMENT shall be construed and interpreted according to the laws of the State of California. Any action brought to enforce or interpret any portion of this AGREEMENT shall be brought in the county of San Diego, California. CONTRACTOR hereby waives any and all rights it might have pursuant to California Code of Civil Procedure Section 394.

21. COMPLIANCE WITH LAWS.

The CONTRACTOR shall comply with all laws, ordinances, regulations, and policies of the federal, state, and local governments applicable to this AGREEMENT whether now in force or subsequently enacted. This includes maintaining a City of Solana Beach Business Certificate.

22. ENTIRE AGREEMENT.

This AGREEMENT and the other Contract Documents set forth the entire understanding of the PARTIES with respect to the subject matters herein. There are no other understandings, terms or other agreements expressed or implied, oral or written, except as set forth herein. No change, alteration, or modification of the terms or conditions of this AGREEMENT or the other Contract Documents, and no verbal understanding of the PARTIES, their officers, agents, or employees shall be valid unless agreed to in writing by both PARTIES.

23. NO WAIVER.

No failure of either the City or the CONTRACTOR to insist upon the strict performance by the other of any covenant, term or condition of this AGREEMENT, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this AGREEMENT shall constitute a waiver of any such breach of such covenant, term or condition.

24. SEVERABILITY.

The unenforceability, invalidity, or illegality of any provision of this AGREEMENT shall not render any other provision unenforceable, invalid, or illegal.

25. DRAFTING AMBIGUITIES.

The PARTIES agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this AGREEMENT, and the decision of whether or not to seek advice of counsel with respect to this AGREEMENT is a decision which is the sole responsibility of each Party. This AGREEMENT shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the AGREEMENT.

26. CONFLICTS BETWEEN TERMS.

If an apparent conflict or inconsistency exists between the main body of this AGREEMENT and the Exhibits, the main body of this AGREEMENT shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this AGREEMENT, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this AGREEMENT, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this AGREEMENT.

27. EXHIBITS INCORPORATED.

All Exhibits referenced in this AGREEMENT are incorporated into the AGREEMENT by this reference. 08/22/2023 C8 Page 86 of 186

Agreement modified 5/17/2023 Page 13 of 14 ACA approved template April 2022 D

28. SIGNING AUTHORITY.

28.1. The representative for each Party signing on behalf of a corporation, partnership, joint venture, association, or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, association, or entity and agrees to hold the other Party or PARTIES hereto harmless if it is later determined that such authority does not exist.

28.2. If checked, a proper notary acknowledgement of execution by CONTRACTOR must be attached.

IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT the day and year first hereinabove written.

CITY OF SOLANA BEACH, a municipal
corporation
Yunex LLC, a Limited Liability Company

By:

By:

City Manager, Gregory Wade Signature

Print Name and Title
ATTEST:

City Clerk. Angela Ivey, CMC

APPROVED AS TO CONTENT:

Mohammad Sammak, Engineering and Public
Works

APPROVED AS TO FORM:

City Attorney, Johanna N. Canlas

08/22/2023 C8 Page 87 of 186

Agreement modified 5/17/2023 Page 14 of 14 ACA approved template April 2022 D EXHIBIT “A”

SCOPE OF SERVICES AND FEE
Scope of Services and Fees Defined

08/22/2023 C8 Page 88 of 186

Agreement modified 3/7/2023 Page 14 of 14 ACA approved template April 2022 D EXHIBIT “A”

SCOPE OF SERVICES AND FEE
Scope of Services and Fees Defined

08/22/2023 C8 Page 89 of 186

CITY OF SOLANA BEACH

TRAFFIC SIGNAL ASSESSMENT REPORT
Prepared By:

STC Traffic, Inc.
5865 Avenida Encinas, #142-B
Carlsbad, California, 92008
Prepared For:

OCTOBER 2021
City of Solana Beach
635 South Highway 101
Solana Beach, California, 92075
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DOCUMENT REVISION HISTORY
Revision Date Status/Description
1 10/27/21 First Draft

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TABLE OF CONTENTS
1 Introduction .......................................................................................................................................... 6

1.1 Background & Purpose ................................................................................................................. 6

1.2 City Initiatives ................................................................................................................................ 7

1.3 Document Organization ................................................................................................................ 7 2 Roadway & Traffic Signal Network ....................................................................................................... 9

2.1 Roadway Network ......................................................................................................................... 9

2.2 Traffic Signal System ................................................................................................................... 12 3 Roadway & Traffic Signal Network Improvements ............................................................................. 14

3.1 Coast Highway 101 Corridor Improvement Project .................................................................... 14

3.2 Lomas Santa Fe Drive Corridor Improvement Project ................................................................ 14 4 Existing Conditions .............................................................................................................................. 15

4.1 Conduit & Pull Boxes ................................................................................................................... 15

4.2 Cables & Wire .............................................................................................................................. 16

4.3 Traffic Signal Poles ...................................................................................................................... 17

4.4 Traffic Signal Attachments .......................................................................................................... 17

4.4.1 Vehicle & Pedestrian Signal Heads ..................................................................................... 17

4.4.2 Safety Lighting ..................................................................................................................... 18

4.4.3 Signs .................................................................................................................................... 19

4.5 Detection ..................................................................................................................................... 19

4.5.1 Vehicle ................................................................................................................................. 19

4.5.2 Bicycle ................................................................................................................................. 20

4.5.3 Pedestrian ........................................................................................................................... 21

4.5.4 Emergency Vehicle .............................................................................................................. 21

4.6 Controller Cabinet ....................................................................................................................... 22

4.6.1 Controllers ........................................................................................................................... 23

4.6.2 Conflict Monitor Unit .......................................................................................................... 23

4.6.3 Power Distribution Assembly .............................................................................................. 23

4.6.4 Battery Backup Systems ...................................................................................................... 23

4.7 Service Pedestals ......................................................................................................................... 24

4.8 Communications ......................................................................................................................... 25 5 Recommendations .............................................................................................................................. 26 08/22/2023 C8 Page 92 of 186

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5.1 Traffic Signal System Infrastructure ............................................................................................ 26

5.1.1 Conduit & Pull Boxes ........................................................................................................... 26

5.1.2 Traffic Signal Cable .............................................................................................................. 26

5.1.3 Traffic Signal Poles .............................................................................................................. 26

5.1.4 Traffic Signal Attachments .................................................................................................. 26

5.1.5 Detection ............................................................................................................................. 27

5.1.6 Controller Cabinet & Equipment ......................................................................................... 27

5.1.7 Service Pedestals ................................................................................................................. 29

5.2 Intelligent Transportation Systems ............................................................................................. 29

5.2.1 Communications ................................................................................................................. 29 6 Implementation .................................................................................................................................. 32

6.1 Phase 1 Immediate Improvements ............................................................................................. 32

6.2 Phase 2 Near Term Improvements ............................................................................................. 34

6.3 Phase 3 Ultimate Improvements ................................................................................................ 36

LIST OF FIGURES
Figure 2-1 Solana Beach Street Typology Classification ............................................................................. 11 Figure 2-2 Existing Traffic Signals and Communications Infrastructure Map ............................................ 13 Figure 5-1: Proposed Traffic Signal System ................................................................................................ 31

LIST OF TABLES
Table 2-1: Solana Beach Street Typology Classification .............................................................................. 10 Table 4-1: Conduit & Pull Boxes .................................................................................................................. 16 Table 4-2: Traffic Signal Poles ..................................................................................................................... 17 Table 4-3: Vehicle Signal Heads .................................................................................................................. 17 Table 4-4: Pedestrian Signal Heads ............................................................................................................. 18 Table 4-5: Signs ........................................................................................................................................... 19 Table 4-6: Vehicle Detection ....................................................................................................................... 20 Table 4-7: Pedestrian Detection ................................................................................................................. 21 Table 4-8: Emergency Vehicle Detection .................................................................................................... 22 Table 4-9: Controller Cabinet ...................................................................................................................... 23 Table 4-10: Battery Back-Up Systems ......................................................................................................... 24 Table 6-1: Phase 1 Budgetary Costs ............................................................................................................ 33 Table 6-2: Phase 2 Budgetary Costs ............................................................................................................ 35 Table 6-3: Phase 3 Budgetary Costs ............................................................................................................ 36 08/22/2023 C8 Page 93 of 186

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LIST OF ACRONYMS
ADA ......................................................................................................................... American Disabilities Act AM ........................................................................................................................................... Ante Meridiem APS ................................................................................................................... Accessible Pedestrian System ATC ........................................................................................................................ Advance Traffic Controller ATSPMs ............................................................................. Automated Traffic Signal Performance Measures BBS ............................................................................................................................. Battery Backup System Caltrans .......................................................................................... California Department of Transportation CAMUTCD................................................................... California Manual on Uniform Traffic Control Devices CAP ................................................................................................................................... Climate Action Plan CCTV ......................................................................................................................... Closed-Circuit Television CMT ............................................................................................................ Charge Management Technology CMU .............................................................................................................................. Conflict Monitor Unit DLC ................................................................................................................................. Detector Loop Cable EVPE ............................................................................................................. Emergency Vehicle Preemption FDU .............................................................................................................................. Fiber Distribution Unit FHWA .......................................................................................................... Federal Highway Administration FO .................................................................................................................................................. Fiber Optic GHG ...................................................................................................................................... Greenhouse Gas GPS ........................................................................................................................ Global Positioning System Hi-Res ..................................................................................................................................... High Resolution IP ......................................................................................................................................... Internet Protocol IR ........................................................................................................................................................ Infrared ITS .............................................................................................................. Intelligent Transportation System LED ................................................................................................................................. Light Emitting Diode PDA ................................................................................................................... Power Distribution Assembly PM ........................................................................................................................................... Post Meridiem PPB ............................................................................................................................ Pedestrian Push Button 08/22/2023 C8 Page 94 of 186

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PTZ ............................................................................................................................................ Pan-Tilt-Zoom PVC ..................................................................................................................................... Polyvinyl Chloride RMC ................................................................................................................................. Rigid Metal Conduit RRFB ........................................................................................................ Rectangular Rapid Flashing Beacon SDG&E ...................................................................................................................... San Diego Gas & Electric SIC .......................................................................................................................... Signal Interconnect Cable SMFOC ............................................................................................................ Single Mode Fiber Optic Cable SNS ...................................................................................................................................... Street Name Sign SPM ................................................................................................................. Signal Performance Measures SR ................................................................................................................................................. State Route TMC .................................................................................................................... Traffic Management Center TMS .................................................................................................................... Traffic Management System TOD .............................................................................................................................................. Time of Day

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1 INTRODUCTION
Traffic Signal Systems, when properly managed and maintained, provide for the safe, orderly flow of vehicles, pedestrians, bicycles, and transit through intersections and along transportation corridors. The City of Solana Beach owns and maintains 16 traffic signals, three mid-block pedestrian actuated crossing systems, and signal interconnect cable for communications. This Traffic Signal Assessment report documents and evaluates the existing traffic signal system for potential deficiencies, provides recommendations for maintenance, replacement or upgrades to field infrastructure including Intelligent Transportation Systems technologies, and presents a phasing plan with budgetary cost estimates for implementation. This report will assist the Public Works Director/City Engineer, City Manager and City Council in prioritizing improvements and budgets to provide a modernized, state of the art traffic signal system for the benefit of all roadway users.

1.1 Background & Purpose
The City of Solana Beach, with a population of
just over 13,000, is uniquely situated along the
Pacific Ocean approximately 25 miles up the
coast from Downtown San Diego. The City’s
transportation network provides key regional
connections along Coast Highway 101 to
neighboring cities of Encinitas to the north and
Del Mar to the south. Lomas Santa Fe Drive
provides direct east-west connections to the
Interstate 5 freeway and unincorporated areas
of San Diego County to the east. The majority of
the City’s traffic signals are located along these
two primary corridors, which service local and
regional traffic, pedestrians, bicycles, and
transit. The City of Solana Beach has prioritized
investments in traffic signal systems infrastructure and technology to improve traffic operations and management along these two corridors and Stevens Avenue, which runs north-south connecting the neighborhoods just west of Interstate 5 to Lomas Santa Fe Drive.

The City has long recognized that a multi-modal, well-connected, and aesthetically pleasing transportation network enhances the quality of life for those to live, work, and visit Solana Beach. Through ongoing implementation of the Circulation Element and the Highway 101 Corridor Specific Plan, the City has been making significant progress in enhancing pedestrian and bicycle facilities, supporting the use of transit, and improving connections for all modes of travel. Proper management and routine maintenance of the City’s traffic signal system is critical to ensuring safe and efficient travel. Costs for preventative maintenance, repairs, replacement, and upgrades of traffic signal system infrastructure are reviewed and determined on an annual basis during the City’s capital budget cycle.

The objective of the Traffic Signal Assessment is to evaluate the existing traffic signal system and establish the planning framework for implementing infrastructure and systems improvements that will meet the 08/22/2023 C8 Page 96 of 186

CITY OF SOLANA BEACH
TRAFFIC SIGNAL ASSESSMENT 7
City’s immediate and long-term traffic system needs. The evaluation and findings of the Traffic Signal Assessment are described in greater detail throughout the report.

1.2 City Initiatives
This document is consistent with the following documents and initiatives:

Circulation Element (November 2014): The Circulation Element, which is an integral component of the City General Plan, establishes the framework for the City’s approach to complete streets, regional access, and the increased use of active transportation to reduce air pollution and greenhouse gas (GHG) emissions. The document acknowledges the City’s plan to implement ITS technology to increase vehicle throughput and reduce congestion. This Traffic Signal Assessment report is consistent with the following policies outlined in the Circulation Element:
• Goal C-3.0: Adequate measures to ensure traffic safety. a. Policy C-3.2 Continue to improve roadways and provide ongoing maintenance to ensure the safety of all users of the roadway system.
• GOAL 10.0: A universally accessible, safe, and convenient system of sidewalks or pathways throughout the city that encourages walking and is harmonious with the surrounding neighborhood.
a. Policy C-10.3 Provide connectivity of wide, well-lit walking environments with safety buffers between pedestrians and vehicular traffic, when feasible. b. Policy C-10.7 Improve pedestrian safety at intersections and mid-block crossings. c. Policy C-10.8 Reduce architectural barriers that restrict full movement and access by less mobile segments of the population consistent with the Americans with Disabilities Act. • Policy C-5.2: Encourage improvements that minimize land acquisition and major construction, such as, but not limited to, lane restriping, enhanced road markings, synchronized traffic signals, Intelligent Transportation System (ITS) network management, and left turn lane restrictions.

Climate Action Plan (July 2017): The Climate Action Plan (CAP) includes the 2010 Greenhouse Gas (GHG) baseline inventory, forecasted emissions for 2020, 2035, and 2050, and measurable strategies and actions the City will strive to implement to achieve emission reductions. This Traffic Signal Assessment report provides recommendations that will help reduce vehicle emissions along primary transportation corridors throughout the City.

1.3 Document Organization
This Traffic Signal Assessment report is organized into the following sections:

Introduction – Presents the purpose of the traffic signal assessment and a summary of the report’s consistency with appliable City initiatives.

Roadway and Traffic Signal Network – Presents City of Solana Beach’s complete street network and existing traffic signals.

Street & Traffic Signal Improvements – Summarizes major capital improvement projects involving roadway and multi-modal improvements, traffic signal and communications upgrades, and/or deployment of ITS technologies that have been completed or are currently in progress 08/22/2023 C8 Page 97 of 186

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TRAFFIC SIGNAL ASSESSMENT 8
Existing Conditions – Presents each component of the City’s existing traffic signal system and its existing condition documented from detailed engineering field reviews.

Recommendations – Summarizes recommendations for traffic signal infrastructure improvements to allow the City to efficiently and effectively operate, manage, and maintain the traffic signal system.

Implementation Plan – Presents a consolidated summary of the recommended improvements, implementation phasing plan, and budgetary cost estimates. 08/22/2023 C8 Page 98 of 186

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2 ROADWAY & TRAFFIC SIGNAL NETWORK
The City of Solana Beach owns and operates 16 traffic signals including eight signalized intersections along Lomas Santa Fe Drive from Las Banderas Drive to Highway 101; four signalized intersections along Stevens Avenue Lomas Santa Fe Drive to Valley Avenue; and four signalized intersections on Highway 101 from Solana Vista Drive to Dahlia Drive. The Highway 101, Lomas Santa Fe Drive and Stevens Avenue corridors are the most traveled roadways in the City, providing access to Interstate 5 and community activity centers including local beaches, recreation, retail, school, and City Hall. The City also owns and operates three pedestrian crossings including two mid-block crossings along Highway 101 and one crossing along Stevens Avenue.

2.1 Roadway Network
The City’s Street network includes multi-modal corridors that provide regional connections to the Interstate 5 freeway, neighboring cities of Encinitas to the north and Del Mar to the south, and unincorporated areas of San Diego County to the east. The City’s Circulation Element utilizes a complete streets approach that is consistent with state and federal requirements. Complete streets meet the needs of all transportation mode users including pedestrians, bicyclists, public transit, motorists, seniors, persons with disabilities, movers of commercial goods, and emergency vehicles. The Circulation Element identifies a Street Typology system that categorizes streets based on street character, adjacent land uses, functionality, and intended users. The Street Typology System reflects the City’s commitment to providing complete streets. In addition, Street Overlays are included to acknowledge portions of the City’s Street network may serve a special use and require additional design considerations. The City also utilizes a Street Classification system and remains as a separate measure to evaluate vehicular operations. Table 2-1 lists the City’s Street Typologies and Figures 2-1 illustrates the City’s Street Typology 1.

A description of the City’s roadways that include signalized intersections is provided below and on subsequent pages of this section.

Highway 101 is a four-lane major arterial roadway with a posted speed limit of 35 mph. It provides the primary north-south access to numerous beaches and parks along the coast as well as connections to the communities of Encinitas, Carlsbad, and Oceanside to the north and Del Mar and La Jolla to the south.

Highway 101 is also a popular route for bicyclists and consists of a mix between dedicated bike lanes and shared bike lanes. Sidewalks are provided along both sides of Highway 101 and access to the Solana Beach Amtrack station is provided off Highway 101 just north of the intersection with Lomas Santa Fe Drive.

1 Solana Beach Municipal Code (SBMC), General Plan, and Specific Plans. Solana Beach Municipal Code. (n.d.,) Circulation Element.

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Table 2-1: Solana Beach Street Typology Classification

TYPE CLASSIFICATION DESCRIPTION & ATTRIBUTES
Street
Typologies
Multimodal Boulevard
• Multi-modal boulevards are four-lane or two-lane divided roadways that provide access to major community
amenities, commercial uses, and services within Solana
Beach.
• Serve as regional connections to cities to the north, south, and east of Solana Beach.
• These facilities should be balanced in their provision of mobility and accessibility by foot, bike, transit, and car and include separated bicycle facilities.

Community Connector
• Community connectors are two-lane divided or undivided roadways that provide for a balanced mix of pedestrian, bicycle, and automobile access between residential
neighborhoods, the city’s multi-modal boulevards, and
points outside the city.
• The facilities should have enhanced bicycle and
pedestrian treatments to ensure safe travel between
residential neighborhoods and multi-modal boulevards or locations outside the city.

Bicycle Boulevard
• Bicycle boulevards are two-lane roadways that provide pedestrian, bicycle, and automobile access, although non- motorized modes are distinctly prioritized through traffic calming, traffic diversion, and various bicycle treatments, such as vertical and horizontal signage, priority phasing for cyclists at signalized intersections, and wayfinding. • The bicycle boulevard network allows for convenient and safe bicycle travel between residential neighborhoods
and schools, commercial, transit, and recreation.

Pedestrian Corridor
• Pedestrian corridors are two-lane roadways that provide pedestrian, bicycle, and automobile access, although
pedestrian travel is distinctly prioritized through traffic calming and pedestrian treatments, such as raised
crosswalks, high visibility crosswalks, bulb-outs, and
pedestrian priority phasing at signalized crossings.

Class I Multi-Use Path
• Class I multi-use paths provide a travel option for bicycle and pedestrian commuters and recreational users that is fully separated from automobile traffic.

Local Streets
• Local streets, not considered Circulation Element roads, are two-lane undivided roadways that provide access to
adjacent residential land uses.
• These roadways should include traffic calming techniques to control vehicular speed and discourage cut-through
traffic.

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Figure 2-1 Solana Beach Street Typology Classification
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Lomas Santa Fe Drive runs east-west and is a four-lane divided roadway with limited on-street parking. It provides coastal and inland access for Solana Beach and access to and from I-5. Posted speeds are 35 mph.

Striped bike lanes and sidewalks are provided on both sides of the roadway. The existing functional classification of Lomas Santa Fe is a four-lane major roadway.

Stevens Avenue is a north-south commercial roadway, extending from Lomas Santa Fe south to Valley Avenue. It provides access to business and residential areas along both sides of the roadway, as well as a middle school, public library, and a private school. Posted speeds range from 25 mph to 35 mph depending on the presence of school zones. Its existing cross-section varies from two lanes undivided to four lanes undivided. There are designated bicycle facilities along both sides of Stevens Avenue from San Rodolfo Drive to Valley Avenue. Sidewalks are also present along both sides of the roadway. The existing functional classification of Stevens Avenue is a four-lane commercial collector roadway.

2.2 Traffic Signal System
The City owns and operates the following 16 signalized intersections and three mid-block pedestrian actuated crossing systems:

1. Lomas Santa Fe Drive & Las Banderas Drive

2. Lomas Santa Fe Drive & Shopping Plaza Dwy

3. Lomas Santa Fe Drive & Solana Hills Drive

4. Lomas Santa Fe Drive & Stevens Avenue

5. Lomas Santa Fe Drive & Nardo Avenue

6. Lomas Santa Fe Drive & Rios Avenue

7. Lomas Santa Fe Drive & Cedros Avenue

8. Lomas Santa Fe Drive / Highway 101

9. Stevens Avenue & San Rodolfo Drive

10. Stevens Avenue & Academy Drive

11. Stevens Avenue & Nardo Avenue

12. Stevens Avenue & Valley Avenue

13. Highway 101 & Solana Vista Drive

14. Highway 101 Cliff Street

15. Highway 101 & Estrella Street

16. Highway 101 Dahlia Drive

17. Highway 101 Pedestrian Crossing (North)

18. Highway 101 Pedestrian Crossing (South)

19. Stevens Avenue Pedestrian Crossing
The City owns and operates signal interconnect cable (SIC) along three major corridors including:

1. Lomas Santa Fe Drive from Las Banderas Drive to Highway 101

2. Stevens Avenue from Lomas Santa Fe Drive to Valley Avenue (however, there is a gap between Academy Avenue and Nardo Avenue)

3. Highway 101 from Solana Vista Drive to Dahlia Drive
Additionally, 14 of the 16 traffic signals have SIC terminating in the controller cabinets. Stevens Avenue at Nardo Avenue and Stevens Avenue at Valley Avenue are the only two intersections that currently do not have SIC connected to the controller cabinet. Figure 2-2 illustrates the City’s existing traffic signals and communications infrastructure.

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Figure 2-2 Existing Traffic Signals and Communications Infrastructure Map 08/22/2023 C8 Page 103 of 186

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3 ROADWAY & TRAFFIC SIGNAL NETWORK IMPROVEMENTS
This section highlights a few notable roadway improvement projects that directly support buildout of the City’s complete streets network.

3.1 Coast Highway 101 Corridor Improvement Project
In 2013, the Highway 101 West Side Improvement Project
created an aesthetically pleasing, bicycle and pedestrian friendly corridor along Highway 101 in Solana Beach.

Elements of design included striped bike lanes and bike sharrows highlighted in green boxes, traffic calming
measures, increased parking and wider sidewalks for local businesses, installation of two new traffic signals and two new mid-block crosswalks enhanced with refuge islands
and pedestrian actuated Rectangular Rapid Flashing
Beacons (RRFBs), other hardscape and landscape
improvements, and drainage improvements. Completion
of this project directly supported the Highway 101 Corridor Specific Plan by enhancing the links between the businesses and residential neighborhoods on the west side of Highway 101 and the Coastal Rail Trail and Cedros Design District on the east side.

3.2 Lomas Santa Fe Drive Corridor Improvement Project
The project study area for the Lomas Santa Fe Drive Corridor Improvements extends from Sierra Avenue on the west side of Highway 101 (where the roadway is called Plaza Street) to Highland Drive at the City’s eastern boundary. The City’s goal for the project is to identify physical improvements that could be constructed to improve the character, safety, walkability, bikeability and circulation along this key east- west arterial. The project includes six traffic signal modifications along Lomas Santa Fe Drive.

Improvements at these signal locations consist of new and upgraded traffic signal equipment including controller cabinets, controllers and software, traffic signal poles, APS push button systems and equipment, countdown pedestrian heads, vehicle detection cards and loops, and dedicated bicycle detection equipment.

The modified signal locations include:
• Lomas Santa Fe / Cedros Avenue
• Lomas Santa Fe / Rios Avenue
• Lomas Santa Fe / Nardo Avenue
• Lomas Santa Fe / Stevens Avenue-Glen Crest Drive
• Lomas Santa Fe / Plaza Shopping Center
• Lomas Santa Fe / Las Banderas Drive
The project is currently in Phase 3 of 4 which includes environmental review, design of the proposed improvements, permitting, and funding acquisition. The final design plans are expected to be completed sometime in 2022 with construction to begin after final designs are completed.

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4 EXISTING CONDITIONS
Detailed engineering field reviews of the traffic signal system were conducted to inventory and determine condition of existing field infrastructure including conduit, pull boxes, conductors and cable, traffic signal poles, traffic signal pole attachments, detection, controller cabinet equipment, and service pedestals. The following subsections provides a summary of existing conditions and tables listing evident deficiencies noted during field reviews.

4.1 Conduit & Pull Boxes
Conduit provides pathways for cables and conductors to connect traffic signal equipment and provides protection from exterior elements. Existing conduit runs at signalized intersections range between 1-inch to 3-inches. Existing conduit runs for interconnect range between 2-inch to 3-inches. Rigid metal conduit (RMC) and Polyvinyl Chloride (PVC) are the two conduit types present throughout the City. It should be noted that no conduit runs were found along Stevens Avenue between Academy Drive and Nardo Avenue. SIC was identified to be tight and not moving freely at:
• Lomas Santa Fe Drive from Solana Hills Drive to 250’ west of Solan Hills Dr
• Lomas Santa Fe Dr between Highway 101 and Cedros
Avenue
This could indicate potential damages to conduit underground and should be investigated to determine usability of existing conduit.

Pull boxes provide access to the traffic signal conduit, cables, and conductors for new installations and maintenance activity. Pull boxes are positioned to facilitate efficient pulling of cable and wire around the intersection and for interconnect runs. Most pull boxes in the City are made of concrete with rebar. A few older pull boxes do not have rebar. Existing pull boxes are generally located in the sidewalk and range in size between #3, #5, and #6. Table 4-1 lists deficient pull box and conduits by intersection. 08/22/2023 C8 Page 105 of 186

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Table 4-1: Conduit & Pull Boxes
ID Location Deficiency
1 Lomas Santa Fe Drive & Las
Banderas Drive
One #5E pull box one west side of intersection in front of service, is filled with dirt.
2 Lomas Santa Fe Drive & Solana
Hills Drive Broken #5E pull box on northwest corner.
4 Lomas Santa Fe Drive &
Stevens Avenue Broken #3 pull box on southwest corner next to 1A pole. 5 Lomas Santa Fe Drive & Nardo
Avenue Homerun pull box is filled with dirt
7 Lomas Santa Fe Drive &
Cedros Avenue #3 pull box on southeast corner is cemented shut 14 Highway 101 Cliff Street Pull box located under bushes on northeast corner 15 Highway 101 & Estrella Street Buried #6 pull box on southeast corner 16 Highway 101 Dahlia Drive Homerun pull box filled with dirt 17 Highway 101 Pedestrian
Crossing 1 (North) Broken pull box

4.2 Cables & Wire
Cable and wire carry electrical current from the traffic signal controller cabinet to the traffic signal heads and other attached field equipment. Cable and wire run underground in conduit and pull boxes around the intersection to the traffic signal poles. Traffic signal cable consists of groupings of 3 and 12 conductors (14-gauge wire) in a single cable jacket. Traffic signal phase wire consists of individual 14-guage conductors with no cable jacket. The schematic drawing to the left depicts a typical traffic signal cable and corresponds with the following notes:

1. Conductor (stranded 14-guage wire)

2. Polyethylene (PE) for insulation

3. High strength rip cord for jacket removal

4. Polyester tape separating cable jacket

5. Black Polyethylene (PE) jacket
There is a combination of traffic signal cable and traffic signal wire throughout the City. Cables and wires were examined and documented for substandard conditions. Traffic signal phase wiring was found at the intersections of Lomas Santa Fe Drive / Rios Avenue and Lomas Santa Fe Drive / Nardo Avenue. The only deficiency documented for cable and wire consists of detector loop cable (DLC) wires for the EB advance loops that were cut and not operational located at Lomas Santa Fe Drive / Las Banderas Drive. 08/22/2023 C8 Page 106 of 186

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4.3 Traffic Signal Poles
Traffic signal poles provide the structure to attach
and display the traffic control devices and provide
the conduit for the electrical connections. Traffic
signal poles are galvanized steel and are bolted to
an underground reinforced concrete foundation
that anchors the pole in place. Traffic signal poles
vary in size based on location and number of
attachments. Wider roads have larger poles with
mast arms and traffic signal vehicle heads and signs
over the traffic lanes. Traffic signal poles typically
include a luminaire arm for intersection safety lighting. The following traffic signal pole types are present within the City:
• 1-A Pole – 10-foot height pole with no mast arm or safety lighting. • 15TS Pole – 30-foot heigh pole with safety lighting.
• Pole with Mast Arm – 30-foot height pole with mast arm and safety lighting. Mast arms vary in length based on intersection and number of attachments.

Table 4-2: Traffic Signal Poles
ID Location Pole Location Deficiency
13 Highway 101 & Solana
Vista Drive NE & SE Corners Poles are buried with gravel/dirt, Poles are rusting.

4.4 Traffic Signal Attachments
Traffic signal attachments include traffic signal heads, safety lights, and signs that are mounted to the traffic signal poles and mast arms.

4.4.1 Vehicle & Pedestrian Signal Heads
Vehicle and pedestrian signal heads are comprised of three main parts:
(1) framework, (2) housing, and (3) indications. The signal framework consists mounting brackets or “pipework” that holds the signal housing to the traffic signal pole or mast arm. The vehicle type signal housing includes terminal blocks, backplate, and visors. The pedestrian signal head has a “clamshell” type housing. Signal indications in the City are incandescent or Light Emitting Diode (LED). Overall condition of vehicle and pedestrian signal heads were observed during field reviews.

Vehicle signal heads were examined for compliance with 12-inch signal indication standards.

Table 4-3 lists deficient vehicle signal heads, associated traffic signal pole, and signal indication by movement.

Table 4-3: Vehicle Signal Heads
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ID Location Pole Location Movement Deficiency
3 Lomas Santa Fe Drive
& Solana Hills Drive
NW Corner WB Signal heads are fading/rusting.

SE Corner EB Signal heads are fading/rusting.
4 Lomas Santa Fe Drive
& Stevens Avenue
NW Corner WB Signal heads are fading/rusting.

SE Corner EB Signal heads are fading/rusting.

Pedestrian signal heads were examined and documented for type (countdown or non-countdown) and alignment. Table 4-4 lists non-countdown pedestrian heads.

Table 4-4: Pedestrian Signal Heads
ID Location Deficiency
1 Lomas Santa Fe Drive & Las
Banderas Drive Six pedestrian heads are non-countdown.
3 Lomas Santa Fe Drive &
Solana Hills Drive One pedestrian head is non-countdown. 5 Lomas Santa Fe Drive &
Nardo Avenue Four pedestrian heads are non-countdown.
6 Lomas Santa Fe Drive &
Rios Avenue Four pedestrian heads are non-countdown.
7 Lomas Santa Fe Drive &
Cedros Avenue Five pedestrian heads are non-countdown.
8 Lomas Santa Fe Drive /
Plaza Street & Highway 101 Three pedestrian heads are non-countdown. 10 Stevens Avenue & Academy
Drive Two pedestrian heads are non-countdown.
11 Stevens Avenue & Nardo
Avenue Two pedestrian heads are non-countdown.
12 Stevens Avenue & Valley
Avenue One pedestrian head are non-countdown.

4.4.2 Safety Lighting
Safety lighting is mounted on the end of a luminaire arm at the top of a traffic signal pole. The lights are located on each corner around the intersection to light up the curb return and crosswalk for pedestrian and motorist visibility. Safety lights and streetlights differ in that safety lights are located at intersections on traffic signal poles and streetlights are located on streetlight poles between intersection or at non-signalized intersections.

Safety lighting throughout the City consisted of 101W LED fixtures. Only one significant deficiency was documented at Lomas Santa Fe Drive & Shopping Plaza Driveway – safety lighting fixture on north-west corner pole is constantly on for 24-hours of the day.
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4.4.3 Signs
Traffic signal signs are mounted on traffic signal poles and mast arms to inform drivers of traffic regulations at the intersection. Street name signs (SNS) are also mounted on poles and mast arms. Table 4-5 contains sign deficiencies documented during field reviews.

Table 4-5: Signs
ID Location Deficiency
1 Lomas Santa Fe Drive & Las
Banderas Drive Faded R34 sign on NE Pole
2 Lomas Santa Fe Drive &
Shopping Plaza Driveway
Bent sign R61-MOD sign on NE Pole
Faded R3-18 sign on SE Pole
3 Lomas Santa Fe Drive &
Solana Hills Drive Street name signs are old and in need of replacement 4 Lomas Santa Fe Drive &
Stevens Avenue
Faded street name sign on NW corner of Glencrest Dr
Faded street name sign on SW corner across from Glencrest Dr Warn down R73-3 Sign on northern pole
5 Lomas Santa Fe Drive &
Nardo Avenue
Old street name signs in need of replacement
Missing regulatory signs on NW & SE Poles
Old, warped sign on 1A pole SW corner
7 Lomas Santa Fe Drive &
Cedros Avenue Broken street name sign on NB and SB approach poles 13 Highway 101 & Solana Vista
Drive No U-Turn sign is fading
Motorists can have a hard time reading faded regulatory signs during the nighttime. Caltrans standard signs are constructed of aluminum panels and retroreflective sheeting with a protective overlay film which help motorist see these signs at night.

4.5 Detection
Traffic signal detection provides inputs from the roadway or sidewalk to the controller to identify and determine a roadway user’s need to traverse the intersection. Intersection detection types include vehicle, bicycle, pedestrian, and emergency vehicle detection.

4.5.1 Vehicle
Vehicle detection provides the traffic signal controller the presence and location of vehicles at the intersection and is the foundation of the City’s traffic signal system. Without detection the traffic signal system would have to operate in a pre-timed basis which is not feasible in today’s traffic environment.

There are two types of vehicle detection technologies currently deployed in the City:
• Inductive Loops – Set in the pavement to detect changes in the earth’s magnetic field when a vehicle is present. Bicycle inductive loops are also set in the pavement within bike lanes and detect when a bicyclist is present. Detection information is conveyed to the traffic signal cabinet detector cards via a detector loop cable (DLC) connection.
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• Video – Camera mounted on the traffic signal poles and/ or mast arms that detects changes in its field of view when a vehicle is present. Cameras are connected to processors located in the traffic signal cabinet that digitize and interpret the video imagery.

Highway 101 at Cliff Street, Estrella Street, Lomas Santa Fe Drive, and Dahlia Drive all utilize video detection for each approach including advanced detection. Lomas Santa Fe Drive at Plaza Entrance and Lomas Santa Fe at Solana Hills Drive are the only signalized intersection that utilizes video detection for at least one approach of an intersection for stop bar detection, while inductive loop detection is utilized for advanced detection on all approaches. Inductive loops for stop bar and advanced vehicle detection is used at all other signalized intersections. It should be noted that detection functionality was not specifically investigated as part of this report and a separate assessment of the loop detection should be performed to determine functionality and health of all loop detectors.

Table 4-6: Vehicle Detection
ID Location Deficiency
1 Lomas Santa Fe Drive & Las
Banderas Drive
Phase 5 detector card unplugged in cabinet due to defective loop detectors.
8 Lomas Santa Fe Drive /
Plaza Street & Highway 101 Software for video detection needs to be updated. 11 Stevens Avenue & Nardo
Avenue Limit line loops are in front of limit line striping. 12 Stevens Avenue & Valley
Avenue NB Advance loops not working.

4.5.2 Bicycle
Bicycle detection indicates to the traffic signal controller the presence and location of bicyclists at an intersection. Bicycle detection may be achieved through inductive loops and/or video detection cameras.

Bicycle inductive loops may be present at an intersection via the limit line loops (Type E) of an approach or it may be set separately in the pavement within bike lanes. Type E limit line loop detectors present on a vehicle approach lane are designed to better detect bicycles as there is a greater area for which detection is possible. Although bicycle lanes are currently present along both sides of Lomas Santa Fe Drive and Stevens Avenue, bicycle loop detectors are not utilized within the bicycle lanes. Only Stevens Avenue utilizes Type E limit line loop detectors. Video detection is utilized for bicycles along the Highway 101 corridor.
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4.5.3 Pedestrian
Pedestrian detection consists of a pedestrian push button (PPB) mounted on a traffic signal pole close to the crosswalk that puts a call for service to the traffic signal controller when pushed. There are two types of pedestrian push buttons (PPB) throughout the City: (1) Accessible Pedestrian Systems (APS) and (2) traditional PPB’s. APS assemblies provide audible and vibrating cues to pedestrians of when it is safe to cross. Traditional PPB’s typically have a 2-inch push button and meet ADA compliance. There are a few traditional PPBs throughout the City that have a half-inch push button which are no longer ADA- compliant and are obsolete. Table 4-7 provides deficient PPB’s and locations that do not have APS and/ or 2-inch ADA-complaint PPB’s.

In addition to PPB at signalized intersections, the City of Solana beach also owns and operates three mid-block pedestrian crossing systems. Two of the midblock crossings installed along Highway 101 (north and south of Lomas Santa Fe Drive) as part of the Coast Highway 101 Improvement Project are rectangular rapid flashing beacons (RRFBs). These RRFBs increase visibility and improve driver yield rates at crosswalks with high-intensity LED light bars. These RRFBs were found to be in good working condition. The third pedestrian mid-block crossing located along Stevens Avenue just south of Genevieve Street is a solar flashing pedestrian beacon system. This type of pedestrian crossing encompasses solar illuminating pedestrian signs when a push button is activated. The solar flashing pedestrian beacon was found to be in good working condition.

Table 4-7: Pedestrian Detection
ID Location Deficiency
3 Lomas Santa Fe Drive &
Solana Hills Drive Non-ADA compliant pedestrian push button 5 Lomas Santa Fe Drive &
Nardo Avenue Non-ADA compliant pedestrian push button
6 Lomas Santa Fe Drive &
Rios Avenue Non-ADA compliant pedestrian push button
7 Lomas Santa Fe Drive &
Cedros Avenue Non-ADA compliant pedestrian push button

4.5.4 Emergency Vehicle
Emergency vehicle detection consists of an emitter on the vehicle, either an ambulance or firetruck, that sends a signal to a receiver mounted on the traffic signal pole, that it is on approach and requests service. The receiver puts a call into the traffic signal controller which preempts the traffic signal to prioritize service for the approaching emergency vehicle. 08/22/2023 C8 Page 111 of 186

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Table 4-8: Emergency Vehicle Detection
ID Location Deficiency
1 Lomas Santa Fe Drive & Las
Banderas Drive EVPE on NW Pole is pointing in wrong direction 2 Lomas Santa Fe Drive &
Shopping Plaza Driveway EVPE facing wrong direction on NE Pole 3 Lomas Santa Fe Drive &
Solana Hills Drive
EVPE on NW Pole is facing the wrong direction
EVPE on SW Pole has snapped off
6 Lomas Santa Fe Drive &
Rios Avenue
EVPE detection not working at intersection for all approaches. Fails to detect infrared signal from emergency vehicles.

Broken EVPE detector on South Pole

4.6 Controller Cabinet
Traffic signal cabinet houses the traffic signal controller and provides the input and output terminal assemblies and power supply for the traffic signal heads and various equipment. The traffic signal cabinet is fabricated with anodized aluminum and mounted on a concrete foundation. Traffic signal cabinets within the City are the legacy 332 standard cabinet and contains a 19” rack for mounting assemblies and plug. Standard cabinet equipment in Solana Beach includes:
• Controllers – processor that operates the traffic signal. • Conflict Monitor – monitors the cabinet and traffic signals for fault conditions.
• Detection Cards – input file plug-ins that processes signals from field detection systems.
• Battery Backup System (BBS) – uninterrupted power to the traffic signal system.

Controller cabinets were found to be in fair to good condition and organized with the exception of Lomas Santa Fe Drive & Solana Hills Drive, Lomas Santa Fe Drive & Stevens Avenue, and Lomas Santa Fe Drive & Nardo Avenue where the cabinets were found to be significantly unorganized and congested. Table 4-9 lists deficient controller cabinet locations.
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Table 4-9: Controller Cabinet
ID Location Deficiency
1 Lomas Santa Fe Drive & Las
Banderas Drive
Phase 5 detector card unplugged in cabinet due to defective loop detectors.
3 Lomas Santa Fe Drive & Solana
Hills Drive Congested cabinet (unorganized).
4 Lomas Santa Fe Drive &
Stevens Avenue Congested cabinet.
6 Lomas Santa Fe Drive & Rios
Avenue Congested cabinet (unorganized).
12 Stevens Avenue & Valley
Avenue SIC is not connected in cabinet

4.6.1 Controllers
Controllers are the processing unit that operate the traffic signal. At the time field reviews were conducted, only McCain 170E controllers were in place in cabinets. Though outdated, all controllers were noted to be in good condition during field reviews. Traffic signals along Lomas Santa Fe Drive were running mostly 233 RV signal control software and traffic signals along Stevens Avenue and Highway 101 were running mostly 200SA signal control software.

4.6.2 Conflict Monitor Unit
Conflict monitor units monitors the cabinet and traffic signals for fault conditions. Signalized intersections along Lomas Santa Fe Drive, Stevens Avenue, and Highway 101 have EDI model 210 and 2010 CMUs. CMUs were noted to be in good condition during field reviews.

4.6.3 Power Distribution Assembly
Power distribution assemblies (PDA) provide the power supply for the controller, plug-ins, and cabinet equipment. PDA type 1 and type 2 are the two PDA’s present throughout the City. PDA type 1 are outdated and take up additional rack space that becomes important when installing ITS and communications system elements. Lomas Santa Fe Drive / Rios Avenue is the only signalized intersections with Traconex PDA type 1 at controller cabinets. All other signalized intersections along Lomas Santa Fe Drive, Stevens Avenue, and Highway 101 have a combination of McCain type 2 and type 2L PDA systems.

4.6.4 Battery Backup Systems
Battery backup systems (BBS) provide uninterrupted power to the traffic signal system. BBS systems consist of an inverter and batteries. Table 4-10 provides an inventory of existing BBS invertors and installation location. Two externally side mounted BBS cabinets were inaccessible at the time field reviews were conducted and are therefore noted as ‘Unknown’ BBS invertor in the table above. Externally side mounted cabinets for BBS systems provide additional space for traffic signal equipment inside controller cabinets.

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Table 4-10: Battery Back-Up Systems

ID LOCATION BBS INVERTOR BBS SYSTEM

INSTALLATION
Deficiency
1 Lomas Santa Fe Drive & Las
Banderas Drive
Alpha FXM
1100
Externally Side Mounted
Cabinet None
2 Lomas Santa Fe Drive & Plaza
Entrance
Alpha FXM
1100
Externally Side Mounted
Cabinet None
3 Lomas Santa Fe Drive &
Solana Hills Drive Dimensions In Traffic Signal Cabinet Batteries in cabinet are bulging
4 Lomas Santa Fe Drive &
Stevens Avenue Dimensions In Traffic Signal Cabinet None 5 Lomas Santa Fe Drive &
Nardo Avenue
Alpha FXM
1100
Externally Side Mounted
Cabinet
BBS Invertor turned
off
6 Lomas Santa Fe Drive & Rios
Avenue Dimensions In Traffic Signal Cabinet Batteries in cabinet are bulging
7 Lomas Santa Fe Drive &
Cedros Avenue Dimensions Externally Side Mounted
Cabinet None
8 Lomas Santa Fe Drive &
Highway 101 Dimensions Externally Side Mounted
Cabinet None
9 Stevens Avenue & San
Rodolfo Drive None N/A None
10 Stevens Avenue & Academy
Drive Clary In Traffic Signal Cabinet No batteries
present
11 Stevens Avenue & Nardo
Avenue
Alpha FXM
1100
Externally Side Mounted
Cabinet
BBS Invertor turned
off
12 Stevens Avenue & Valley
Avenue None N/A None
13 Highway 101 & Solana Vista
Drive
Alpha FXM
1100
Externally Side Mounted
Cabinet None
14 Highway 101 Cliff Street Unknown Externally Side Mounted Cabinet None
15 Highway 101 & Estrella Street Unknown Externally Side Mounted Cabinet None
16 Highway 101 & Dahlia Drive Alpha FXM
1100 In Traffic Signal Cabinet None

4.7 Service Pedestals
Service pedestals consist of a metered underground service distribution and control pedestal that utilize utility power to provide power to the traffic signal. Service pedestal cabinet at Lomas Santa Fe Drive / Nardo Avenue was noted to have a rusted and deteriorating foundation. The remaining City service pedestals were noted to be in good and fair condition during field reviews.

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4.8 Communications
Communication systems provides the medium for information exchange between traffic system field devices and the traffic management center (TMC). The City’s current communication system is comprised of twisted pair copper signal interconnect (SIC). SIC is present at all signalized intersections along Highway 101 and Lomas Santa Fe Drive. SIC is also present along Stevens Avenue but is not connected to the signal cabinets at the intersections of Stevens Avenue / Valley Avenue and Stevens Avenue / Nardo Avenue. By today’s standards, SIC interconnect technology is outdated and is no longer able to service the demand of modern traffic management systems.
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5 RECOMMENDATIONS
This section discusses recommendations related to current industry standards and ITS technology. The recommendations identified in this section will enable the functionality necessary to efficiently and effectively operate, manage, and maintain the traffic signal system.

5.1 Traffic Signal System Infrastructure
Broken, faulty, and/ or obsolete equipment has a detrimental impact on traffic operations. The following subsections discus replacement recommendations for deficient infrastructure and additional considerations.

5.1.1 Conduit & Pull Boxes
Existing investments in underground systems and infrastructure will continue to be utilized. Conduit runs located at Lomas Santa Fe Drive from Solana Hills Drive to 250’ west of Solan Hills Dr and Lomas Santa Fe Dr between Highway 101 and Cedros Avenue were noted to have SIC cable which was tight and not moving freely. This could indicate potential damages to the underground conduit. It is recommended that these locations be investigated using a conduit rodder and compressed air to determine if the condition of the conduit is in need of repair. Broken pull box lids should be replaced with new traffic signal pull box lids and can be completed during routine maintenance operations. New pull box shall be concrete with rebar. All traffic signal related pull boxes should have “Traffic Signal” pull box lids. Smaller pull boxes (#3 and #5) were previously constructed in the City; however, these have limited capacity for new conduit installations. #6 pull boxes are the recommended standard size pull box for new construction in the City.

5.1.2 Traffic Signal Cable
Traffic signal cable at traffic signals should be inspected annually for any potential damages to the cable jackets. Wire exposure may cause a short at the intersection causing the traffic signal to go on flash mode when touched or moved. Traffic signal cable within the controller cabinet should be kept neat and organized to protect the integrity of the cables and allowing for easy navigation within the cabinet. Traffic control cabinets that were found to be significantly unorganized and congested at Lomas Santa Fe Drive & Solana Hills Drive, Lomas Santa Fe Drive & Stevens Avenue, and Lomas Santa Fe Drive & Nardo Avenue should be re-organized. This is assumed to be a part of routine maintenance to be performed by City maintenance contractor.

5.1.3 Traffic Signal Poles
Traffic signal poles that show signs of rust or corrosion should be inspected for signs of failure and replaced as needed. New poles shall be per Caltrans Standard Plans and Specifications, which is the standard practice for municipalities throughout California. The Caltrans specification calls for galvanized steel which has a high resistance to corrosion. Anchor bolts and base plates should be kept clear of debris to minimize moisture and rusting. Traffic signal poles should be inspected regularly (on an annual basis) for signs of stress or failure and replaced if necessary.

5.1.4 Traffic Signal Attachments
In order to provide motorists and non-motorists with better visibility of signal indications incandescent and non-countdown pedestrian signal heads should be replaced with upgraded pedestrian modules to improve mobility and safety for pedestrians and bicyclists. 08/22/2023 C8 Page 116 of 186

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Regulatory and street name signs on poles and mast arms that are faded, damaged, or do not meet reflective standards need to be replaced per Caltrans and CAMUTCD standards. The Caltrans sign specification calls for microprismatic sheeting and high-performance luminance. The CAMUTCD provides reflectivity standards, and the Federal Highway Administration (FHWA) recommends conducting retroreflective tests at the end of the signs warranty period and yearly thereafter. Sign replacement should occur before the reflectivity falls below the standard.

Traffic signal attachments including vehicle and pedestrian head housing and indications, safety lighting, and signs should be inspected annually for overall condition and deficiencies.

5.1.5 Detection
Inductive loops should continue to be utilized for vehicle and bicycle detection and is the recommended detection technology. Inductive loops are the most accurate and reliable detection systems, have longer life spans, and require less maintenance than video detection systems. Where bike lanes are present, separate inductive loops in the lanes are recommended to be placed specifically for bicycles. Both stop bar and advanced detection are recommended to be placed on separate input channels per lane. Existing inductive loop detectors may remain in place and are recommended to be placed on separate input channels by splicing new DLC and installing new detector cards as necessary. It is recommended that the limit line loop detection for Lomas Santa Fe/ Las Banderas eastbound approach be repaired as soon as possible. Furthermore, it is recommended that a loop detection inventory be performed to determine functionality and health of all loop detectors as this was not completed as part of this report.

Non-ADA-compliant and 2-inch traditional PPBs are recommended to be replaced with APS PPBs. APS systems are ADA-compliant and benefit every pedestrian including those with sight impairments.

Openings on traffic signal poles where pedestrian push buttons have been removed or relocated need to be fully covered. Misaligned or loose PPBs need to be adjusted and properly secured. Additionally, it is recommended that the batteries for the RRFBs and solar flashing pedestrian beacon be regularly monitored by maintenance staff and should be replaced every four to six years.

It is recommended that the existing EVPE detection units that were found to be facing the wrong direction should be adjusted into the correct position and EVPE detector units that are damaged should be replaced as a short-term solution. However, the existing EVPE system technology is obsolete and complete system replacements are recommended as a long-term solution. New IR and Global Positioning System (GPS) dual mode EVPE systems are recommended to be installed at every traffic signal. The dual mode EVPE system for each traffic signal consists of new IR receivers for each approach, a single GPS antenna mounted on a traffic signal pole, a GPS on-board unit for emergency vehicles, and new Opticom 764 Multimode Phase Selector Cards at traffic signal cabinets. The proposed EVPE cards are capable of Ethernet communications and are compatible with IR and GPS technology systems. The IR mode works with line of sight and the GPS mode works with no line of sight. It is recommended that the intersection of Lomas Santa Fe Dr / Rios Avenue be upgraded to the new IR and GPS dual mode EVPE system soon as the existing EVPE system currently is defective at the intersection at each approach.

5.1.6 Controller Cabinet & Equipment
The existing legacy 332 cabinets were found to be in fair condition. However, by today’s standards, the legacy 332 cabinets are outdated and have limited capacity to support new industry standards. It is 08/22/2023 C8 Page 117 of 186

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recommended to replace the existing 332 cabinets with 352i Advanced Traffic Control (ATC) cabinets to meet new industry standards and provide added functionality for current and future operations. New 352i ATC cabinets are recommended to be installed on existing controller cabinet foundations to retain existing conduit infrastructure. New 352i ATC cabinets include the following components: 19” rack for mounting assemblies and plug-ins, front and rear internal LED light, front and rear door switches, rack mount power strip, and pull-out document drawer.

Existing Type 1 PDAs are outdated and take up additional rack space within the controller cabinet. It is recommended to upgrade the existing Type 1 PDA at the intersection of Lomas Santa Fe Drive / Rios Avenue to a Type 2 PDA system.

Existing EDI 210 and Signal Control 210 CMUs are at the end of life and are no longer supported by the manufacturer. Existing CMUs are recommended to be replaced with new CMUs that provide better access and logging capabilities and support Ethernet communications. In the near future, 2010 ECLIP conflict monitor units are recommended to be installed at all locations which don't have ethernet capable conflict monitor units. It should be noted that ATC cabinets come integrated with the recommended CMUs and a CMU auxiliary display unit. There would be no additional CMU upgrade cost with controller cabinet upgrades.

It is recommended to install or upgrade existing BBS invertors to the new Alpha FXM 1100. The new BBS invertors support Ethernet communications and will provide the City with a uniform BBS application for remote management and monitoring purposes. New Alpha FXM 1100 BBS inverters are recommended to be installed at:
• Lomas Santa Fe Drive & Solana Hills Drive
• Lomas Santa Fe Drive & Stevens Avenue
• Lomas Santa Fe Drive & Rios Avenue
• Lomas Santa Fe Drive & Cedros Avenue
• Lomas Santa Fe Drive & Highway 101
• Stevens Avenue & San Rodolfo Drive
• Stevens Avenue & Academy Drive
• Stevens Avenue & Valley Avenue
Externally side mounted cabinets are recommended to be installed at:
• Lomas Santa Fe Drive & Solana Hills Drive
• Lomas Santa Fe Drive & Stevens Avenue
• Lomas Santa Fe Drive & Rios Avenue
• Stevens Avenue & San Rodolfo Drive
• Stevens Avenue & Academy Drive
• Stevens Avenue & Valley Avenue
• Highway 101 & Dahlia Drive
BBS systems are recommended to be supplied with Alphaguard Charge Management Technology (CMT).

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properly charged. This optimizes the life and runtime of each batter and allows the opportunity to replace batteries as they fail rather than replacing all batteries on a scheduled maintenance.

5.1.7 Service Pedestals
Service pedestal with rusted and deteriorating foundation at Lomas Santa Fe Drive / Nardo Avenue is recommended to be replaced. Service pedestals should be inspected on an annual basis for signs of failure and replaced if necessary.

5.2 Intelligent Transportation Systems
Intelligent Transportation Systems (ITS) involves the use of technology in the form of electronics, computers, and communication equipment to improve transportation safety and mobility, and reduce impacts on the environment. The City’s current vision is to leverage the use of technology to monitor and measure the performance and health of the traffic signal system.

This section identifies ITS technology and applications that would work with the City’s existing systems and the recommended systems identified in Section 5.1. These ITS solutions are consistent with the City’s initiatives and objectives to improve overall safety, mobility, and sustainability of the traffic signal system for all modes of travel.

5.2.1 Communications
In order to service the demand of modern traffic management systems, it is recommended that the City of Solana Beach install 144-strand single mode fiber optic cable (SMFOC) along its three major corridors where SIC currently exists. Splice closures should be installed in vaults to facilitate the 12-strand SMFOC breakout cable for the City’s traffic signals, City Hall building. 12-strand SMFOC breakout cables will be tagged as “City of Solana Beach”. 12-strand SMFOC breakout cables with 10-foot coil fiber cable slack will be pulled in at every traffic signal controller cabinet. 12-strand SMFOC breakout cables with sufficient coil fiber slack will be terminated at vaults near the City Hall. The City will be responsible for installing the necessary equipment at City Hall and in each traffic signal cabinet to utilize the new fiber for communications.
1U Fiber Distribution Units (FDU) will need to be installed in each traffic signal cabinet to terminate the 12-strand SMFOC breakout cable. Field hardened layer 2 Ethernet switches should be installed to provide local connectivity to devices in the cabinet. The following Ethernet devices should be connected to the Layer 2 switches:
• ATC Controllers
• Conflict Monitor Units (CMU)
• EVPE Multimode Phase Selector Cards
• Battery Back-up Systems (BBS)
• Field devices including closed-circuit television (CCTV) cameras and traffic measurement devices. 12-strand SMFOC will need to be routed into the City Hall server room and terminated where suitable. A traffic layer three router is recommended to be installed in the City server room which can serve the traffic signal communication system. Figure 5-1 on the next page depicts the proposed fiber interconnect system and field devices with connections to existing traffic signals, pedestrian crossing systems and City Hall. 08/22/2023 C8 Page 119 of 186

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Additionally, the City of Solana Beach does not currently have a central management system for viewing or operating traffic signals. McCain traffic signal controllers are standard on Highway 101, Lomas Santa Fe Drive, and Stevens Avenue and the McCain Transparity advanced traffic management system (ATMS) is recommended to be deployed at City Hall for interoperability. The Transparity ATMS would allow City staff to:
• Monitor System-Wide Traffic & Devices
o Remotely monitor system-wide device status in real-time o Log detailed intersection operations
o Receive instant notifications of device or traffic performance issues • Measure performance for individual intersections and coordinated systems o Generate reports in current or historic trends, and performance measures o Analyze vehicular, pedestrian, bicycle, and emergency vehicle preemption o Integrate with FHWA event reports using high-resolution controller data • Command controller operations
o Remotely verify and validate timing parameters
o Modify phase sequence and pattern in response to specific traffic conditions o Reduce congestion and increase efficiency
o Implement advanced signal control strategies such as adaptive and transit signal priority • Manage Assets, Tasks & Users
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Figure 5-1: Proposed Traffic Signal System
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6 IMPLEMENTATION
The implementation of a modernized traffic signal system that meets the City’s existing and future transportation needs requires a phased approach. Implementation of recommendations is divided into three phases and is meant to serve as a guide for identifying project and budgeting prioritization:

Phase 1 Immediate traffic signal infrastructure improvements Phase 2
Near term traffic signal infrastructure improvements.
• Communication equipment, fiber termination, and connection to equipment at traffic signal cabinets.
• Installation of dual IR/GPS EVPE system.
• Installation of new Polara APS system.
• Fiber termination at City Hall.

Phase 3
Ultimate traffic signal infrastructure improvements.
• New ATC cabinet installation for ITS capable applications. • New BBS systems with externally side mounted cabinets (where applicable). • Bicycle detection upgrades to allow for separate input channels per lane. • Installation of CCTV cameras and traffic measurement devices.

The following sections discuss each phase in further detail and contain budgetary cost estimates for traffic signal infrastructure and ITS system construction line items of work. It should be noted that new and upgraded traffic signal equipment including controller cabinets, controllers and software, APS push button systems and equipment, vehicle detection cards and loops, and dedicated bicycle detection equipment may be installed in the near future with the Lomas Santa Fe Corridor Improvement Project. However, since the final design plans for this project have not yet been detailed at the time of this report, the exact improvements and locations could not be determined. Thus, the cost estimates below may incorporate similar improvements that the Lomas Santa Fe Corridor Improvement Project may carry out.

6.1 Phase 1 Immediate Improvements
Obsolete and/or damaged legacy equipment should be upgraded or decommissioned and replaced with new modern technology. The following list summarizes budgetary cost inclusions and exclusions:
• Damaged pull box lids are recommended to be replaced as soon as possible. Buried traffic signal poles are recommended to be dug out to expose anchor bolts and base plate. This is assumed to be a part of routine maintenance to be performed by City maintenance contractor. • Traffic control cabinets that were found to be significantly unorganized and congested should be re-organized (i.e., cable management). This is assumed to be a part of routine maintenance to be performed by City maintenance contractor and is not included in the cost estimates. • Damaged/ faded regulatory signs and street name signs need to be replaced to current standards. • Santa Fe Drive / Rios Avenue has an existing PDA Type 1 which takes up necessary cabinet space for communication equipment. It is recommended to upgrade this system to a PDA Type 2. • Existing EVPE detection units that were found to be facing the wrong direction should be adjusted into the correct position and the EVPE detector unit that are damaged at Lomas Santa Fe Drive and Solana Hills Drive should be replaced.
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• Upgrade existing EVPE system at Lomas Santa Fe Dr and Rios Avenue the new IR and GPS dual mode EVPE system.
• Damaged service pedestals are recommended to be replaced with new Type III pedestals. • LED countdown pedestrian module upgrades to improve safety for pedestrians at intersection crosswalks.
• Investigate conduit run locations where cables were pulled tight within pull boxes. Investigation should be done using a conduit rodder and compressor to pinpoint locations underground where conduit is in need of repair.

Table 6-1: Phase 1 Budgetary Costs
ITEM
# ITEM DESCRIPTION QTY UNIT UNIT PRICE AMOUNT
1 Furnish & Install #3 Pull Box Lid 2 EA $200 $400
2 Furnish & Install #5 Pull Box Lid 4 EA $250 $1,000
3 Furnish & Install #6 Pull Box Lid 3 EA $300 $900
4 Clear Debris Around Traffic Signal Pole
Anchor Bolts. 2 EA $500 $1,000
5 Furnish & Install New Regulatory Sign 8 EA $500 $4,000 6 Furnish & Install New Street Name Sign 12 EA $800 $9,600 7 Furnish & Install PDA Type 2 in Existing
Controller Cabinet 1 EA $1,000 $1,000
8 Furnish & Install EVPE Detector Unit 1 EA $1,000 $1,000 9 Adjust existing EVPE Detector Unit 3 EA $350 $1,050
10 Furnish & Install Dual IR/GPS EVPE System 1 EA $12,000 $12,000 11 Furnish & Install New Type III Service
Pedestal on Existing Foundation 1 EA $4,000 $4,000
12 Furnish & Install New LED Countdown
Pedestrian Module 28 EA $800 $22,400
13 Repair Limit Line Loop Detection for Lomas
Santa Fe/ Las Banderas Eastbound Approach 1 LS $4,000 $4,000 14 Repair Advanced Loop Detection for Stevens
Avenue & Valley Avenue Northbound
Approach.
1 LS $4,000 $4,000
15 Conduit Investigation Using Conduit Rodder
and Compressor per Location. 2 EA $2,000 $4,000
Sub Total: $70,350
Construction Contingency (15%): $10,553
Grand Total $80,903

08/22/2023 C8 Page 123 of 186

CITY OF SOLANA BEACH
TRAFFIC SIGNAL ASSESSMENT 34

6.2 Phase 2 Near Term Improvements
Near term improvements include traffic signal infrastructure upgrades, communication equipment and fiber termination at controller cabinets. These improvements will improve safety for all modes of travel at signalized intersections and will provide the City with a state-of-the-art communication system. The following list summarizes budgetary costs inclusions:
• Existing McCain 170E controllers are outdated and should be replaced with ATC 2070 controllers. • 2010 ECLIP conflict monitor units are recommended to be installed at all locations which don't have ethernet capable conflict monitor units.
• Install PVC conduit along with intermittent #5 pull boxes to route fiber along Stevens Avenue between Academy Drive and Nardo Avenue.
• Existing IR EVPE systems are obsolete and are recommended to be upgraded to the dual IR/GPS EVPE system.
• New fiber optic cable and #6 pull boxes with extension for splice closures for traffic signals along Lomas Santa Fe Drive, Stevens Avenue, and Highway 101.Fiber should be routed to City Hall and terminated where applicable.
• Install FDUs and field hardened Ethernet switches at all locations for fiber termination and IP device connectivity.
• Install Iteris “Edge Connect” video decoder at locations where existing video detection is present to allow for video viewing at City Hall and remotely.
• Install Polara APS system at remaining intersections to improve safety for pedestrians at intersection crosswalks.
• A traffic layer three router is recommended to be installed in the City Hall server room which can serve the traffic signal communication system.
• Transparity advanced traffic management system (ATMS) is recommended to be deployed at City Hall for interoperability.

08/22/2023 C8 Page 124 of 186

CITY OF SOLANA BEACH
TRAFFIC SIGNAL ASSESSMENT 35
Table 6-2: Phase 2 Budgetary Costs
ITEM
# ITEM DESCRIPTION QTY UNIT UNIT

PRICE AMOUNT
1 Furnish and Install 2070 ATC Controller 16 EA $4,500 $72,000 2 Furnish and Install 2010 ECLIP Conflict Monitor
Units 16 EA $1,500 $24,000
3 Furnish and Install 3" PVC Conduit 2,200 LF $50 $110,000 4 Furnish and Install #6 Pull Box with Extension 16 EA $2,000 $32,000 5 Furnish and Install #5 Pull Box 4 EA $1,800 $7,200
6 Furnish & Install Dual IR/GPS EVPE System 15 EA $12,000 $180,000 6 Furnish & Install 72-strand SMFOC 21,500 LF $3 $64,500 7 Furnish & Install 12-strand SMFOC 3,000 LF $2 $6,000 8 Furnish & Install Splice Closure 16 EA $2,000 $32,000 9 Furnish & Install 1U FDU, Splice Cassette, &
Cabinet Termination 16 EA $2,000 $32,000
10 Furnish & Install Field Hardened Ethernet
Switch 16 EA $3,000 $48,000
11 Furnish & Install New Polara APS System 10 LS $10,000 $120,000 13 Route and Terminate Fiber in City Hall 1 EA $10,000 $10,000 14 Furnish & Install Layer 3 Router in City Hall 1 EA $8,000 $8,000 15 Fiber Testing & Acceptance 1 LS $15,000 $15,000
16 Furnish and Install Iteris "Edge Connect" Video
Decoder. 6 EA $4,000 $24,000
17 McCain Transparity ATMS with License for 16
Traffic Signals 1 LS $16,800 $16,800
Sub Total: $801,500
Construction Contingency (15%): $120,225
Grand Total $921,725

08/22/2023 C8 Page 125 of 186

CITY OF SOLANA BEACH
TRAFFIC SIGNAL ASSESSMENT 36

6.3 Phase 3 Ultimate Improvements
Ultimate improvements include remaining ATC cabinet upgrades and ITS elements that monitor the performance of the traffic signal system. These improvements will provide the City with a state-of-the-art ITS platform. In addition, these upgrades will provide the foundation for future Smart City applications.

The following list summarizes budgetary costs inclusions:
• Upgrading remaining traffic signal cabinets to ATC cabinets are beneficial to the City for ITS applications and strategies.
• New BBS systems with side mounted cabinets are recommended for locations with no BBS systems. BBS systems that are outdated should be upgraded to the new Alpha FXM 1100 system. • Upgrade existing detection to allow for separate input channels per lane and installing bicycle loop detection.
• Installation CCTV cameras at the remaining traffic signals will provide the City with real-time monitoring at every City owned traffic signal.
• Installation of traffic measurement devices along Lomas Santa Fe Drive, Stevens Avenue, and Highway 101 traffic signals will provide City staff with real-time travel times, speeds, and average stops along the corridor.

Table 6-3: Phase 3 Budgetary Costs
ITEM
# ITEM DESCRIPTION QTY UNIT UNIT PRICE AMOUNT
1 Furnish & Install 352i ATC Cabinet 16 EA $35,000 $560,000 2 Furnish & Install PTZ CCTV Camera 10 EA $8,500 $85,000 3 Furnish & Install Traffic Measurement Device 16 EA $7,000 $112,000 4 Intersection Detection Upgrades 16 LS $20,000 $320,000 5 Furnish & Install BBS System w/ External Side Mounted Cabinet 6 LS $8,000 $48,000
6 Furnish & Install BBS System in Existing External Side Mounted Cabinet 2 LS $4,500 $8,000
Sub Total: $1,133,000
Construction Contingency (15%): $169,950
Grand Total $1,302,950

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{00111673 1} Exhibit B

EXHIBIT B

NOT APPLICABLE TO THIS CONTRACT

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{00111673 1} Exhibit C, Page 1 of 3

EXHIBIT C

INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. Nothing in these provisions shall limit Contractor’s Duty of Indemnification.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (“CGL”): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products, completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

Contractor shall also provide the additional coverages checked below and at least as broad as:

4. Professional Liability, with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

If the Contractor maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the Contractor shall cause the insurer to reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of with respect 08/22/2023 C8 Page 128 of 186

{00111673 1} Exhibit C, Page 2 of 3
to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used), unless otherwise approved in advance by City.

2. For any claims related to this Project, the Contractor’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, and volunteers.

Any insurance or self-insurance maintained by City, its officers, officials, employees, and volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to City.

Claims Made Policies
If any coverage required is written on a claims-made coverage form:

1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

4. A copy of the claims reporting requirements must be submitted to City for review.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to City.

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by the Contractor, its employees, agents and subcontractors.

Verification of Coverage
Contractor shall furnish City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. City reserves the right to require 08/22/2023 C8 Page 129 of 186

{00111673 1} Exhibit C, Page 3 of 3
complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.

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{00111673 1} Exhibit D

AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code §§ 1720, 1771.1, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the following provisions of California law:

1. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor of any tier may be awarded a contract for public work on a public works project without proof of registration with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

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

2. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“Agency”) and agrees to be bound by all the provisions thereof as though set forth in full herein.

3. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law.

4. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor.

5. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors.

6. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.

7. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 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 California Labor Code.

8. Registrations under Section 1725.5 expire annually at the end of June, and Contractor is responsible for verifying the renewal status of each subcontractor, of any tier, working on this Contract, and providing City with an updated list of all subcontractors and their registration status. Subcontractors who do not timely renew their registration must be removed from the job site until they are registered. The removal of a subcontractor for failure to be registered shall not be cause for any extension of time or additional compensation of any nature under the Contract.

9. Contractor shall provide to City, as a condition precedent to the payment of Contractor’s final retention, a complete list of all subcontractors who have worked on the Project, including their registration numbers. This list must be provided at least 30days prior to the payment of the final retention and shall be submitted under penalty of perjury.

10. To the fullest extent permitted by law and without limitation by the other provisions of this Contract relating to indemnification and insurance, Contractor shall also indemnify, defend and hold harmless City, and its directors, officers, employees and agents from and against all liability, excluding penalties assessed 08/22/2023 C8 Page 131 of 186

{00111673 1} Exhibit D
against City under Labor Code Section 1773.3, but including, without limitation, associated investigation and administrative expenses, defense costs, reasonable attorneys' fees, expert witness fees, court costs, and costs of alternative dispute resolution, resulting from Contractor’s failure to comply with the provisions of this section and of Article 2, Chapter 1, Part 7, Division 2 of the California Labor Code with respect to Contractor, all subcontractors of any tier, and their respective employees working under this Contract. 11 . California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Signature Date
Name/Title Company:

08/22/2023 C8 Page 132 of 186

{00111673 1} Exhibit E

EXHIBIT E

SPECIAL PROVISIONS
This Contract is subject to the following provisions, if checked:

1. State of California grant conditions, as attached.

2. Federal grant conditions, as attached.

3. Other conditions, as attached.

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{00111673 1} Exhibit F

EXHIBIT F

ORIGINATING AGENCY AGREEMENT

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City of Solana Beach

SERVICES AGREEMENT

FOR TRAFFIC SIGNAL AND SAFETY LIGHTING MAINTENANCE
This Services Agreement ("AGREEMENT") is made and entered into this 10th day of May, 2023 by and between the CITY OF SOLANA BEACH, a municipal corporation ("CITY"), and, Yunex, LLC a Limited Liability Company, ("CONTRACTOR") (collectively "PARTIES").

WHEREAS,the CITY desires to employ a contractor to furnish TRAFFIC SIGNAL AND SAFETY LIGHTING MAINTENANCE SERVICES ("SERVICES")for TRAFFIC SIGNAL AND SAFETY LIGHTING MAINTENANCE PROJECT ("PROJECT"); and
WHEREAS, on March 16, 2023, the CITY issued a Notice Inviting Bids ("NIB")for the PROJECT; and
WHEREAS, on April 18, 2023, CONTRACTOR submitted a proposal in response to the NIB PROPOSAL"); and
WHEREAS, the CITY determined that CONTRACTOR was the lowest responsible bidder and is qualified by experience and ability to perform the services desired by CITY, and CONTRACTOR is willing to perform such services; and
WHEREAS. CONTRACTOR will conduct all the work as described and detailed in this AGREEMENT, the NIB and the PROPOSAL to be provided to the CITY; and WHEREAS, on May 10, 2023, the City Council for the CITY awarded this AGREEMENT to CONTRACTOR and authorized the City Manager to execute this AGREEMENT.

NOW, THEREFORE, the PARTIES hereto mutually covenant and agree with each other as follows:

1. SERVICES.

1.1. Scope of Services. The CONTRACTOR shall perform the SERVICES as set forth in the written Scope of Services and Fee, attached as Exhibit "A" Scope of Services, at the direction of the CITY. CITY shall provide CONTRACTOR access to appropriate staff and resources for the coordination and completion of the projects under this AGREEMENT. For all work to be performed on site in the City, the CITY and CONTRACTOR agree that the Scope of Services begins when the CONTRACTOR arrives on site and terminates when the CONTRACTOR leaves the site. Travel time to and from project site shall not be considered time on the job or compensated by the CITY.

1.2. Project Coordinator. The Public Works Manager is hereby designated as the Project Coordinator for CITY and will monitor the progress and execution of this AGREEMENT.

CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this AGREEMENT for CONTRACTOR. Service Operations Supervisor is hereby designated as the Project Director for CONTRACTOR.

Agreement modified 5/17/2023 Page 1 of 14 ACA approved template April 2022 D 08/22/2023 C8 Page 135 of 186

1.3. City Modification of Scope of Services. CITY may order changes to the Scope of Services within the general scope of this AGREEMENT consisting of additions, deletions, or other revisions. If such changes cause a change in the CONTRACTOR's cost of, or time required for, completion of the Scope of Services, an equitable adjustment to CONTRACTOR's compensation and/or contract time shall be made, subject to the CITY'S approval. All such changes shall be authorized in writing, executed by CONTRACTOR and CITY.

2. DURATION OF AGREEMENT.

2.1. Term. The term of this AGREEMENT shall be for a period of one (1) year beginning from the date of execution of the AGREEMENT. Time is of the essence in the performance of work under this AGREEMENT, unless otherwise specified.

2. 2. Extensions. ® If marked, the CITY shall have the option to extend the AGREEMENT for four 4) additional one (1) year periods or parts thereof for an amount not to exceed thirty-two thousand six hundred sixty-nine dollars and seventy-two cents and ($32,669.72) per AGREEMENT year. Extensions shall be in the sole discretion of the City Manager and shall be based upon CONTRACTOR's satisfactory past performance, CITY needs, and appropriation of funds by the City Council.The CITY shall give written notice to CONTRACTOR prior to exercising the option.

2.3. Delay. Any delay occasioned by causes beyond the control of CONTRACTOR may merit an extension of time for the completion of the Scope of Services. When such delay occurs, CONTRACTOR shall immediately notify the Project Coordinator in writing of the cause and the extent of the delay, whereupon the Project Coordinator shall ascertain the facts and the extent of the delay and grant an extension of time for the completion of the SERVICES when justified by the circumstances.

2.4. City's Right to Terminate for Default. Should CONTRACTOR be in default of any covenant or condition hereof, CITY may immediately terminate this AGREEMENT for cause if CONTRACTOR fails to cure the default within ten (10) calendar days of receiving written notice of the default.

2. 5. City's Right to Terminate without Cause. Without limiting its rights in the event of CONTRACTOR's default, CITY may terminate this AGREEMENT, without cause, by giving written notice to CONTRACTOR. Such termination shall be effective upon receipt of the written notice. CONTRACTOR shall be compensated for all effort and material expended on behalf of CITY under the terms of this AGREEMENT, up to the effective date of termination. All personal property remaining in CITY facilities or on CITY property thirty (30) days after the expiration or termination of this AGREEMENT shall be, at CITY's election, considered the property of CITY.

3. COMPENSATION.

3.1. Total Amount. The total cost for all work described in the Scope of Services and Fee (Exhibit A") shall not exceed one hundred forty-six thousand nine hundred twenty-four dollars and seventy-two cents ($146,924.72) without prior written authorization from CITY. CONTRACTOR shall bill the CITY for work provided and shall present a written request for such payment monthly.

3. 2. Additional Services. CITY may, as the need arises or in the event of an emergency, request additional services of CONSULTANT. Should such additional services be required, CITY and CONSULTANT shall agree to the cost prior to commencement of these services.

3. 3. Costs. Any costs billed to the CITY shall be approved in writing in advance and in accordance with any terms negotiated and incorporated herein as part of Exhibit "A" Scope of Services and Fee.

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4. INDEPENDENT CONTRACTOR.

4.1. CONTRACTOR is, for all purposes arising out of this AGREEMENT, an independent contractor.

The CONTRACTOR has and shall retain the right to exercise full control and supervision of all persons assisting the CONTRACTOR in the performance of said services hereunder, the CITY only being concerned with the finished results of the work being performed. Neither CONTRACTOR nor CONTRACTOR's employees shall in any event be entitled to any benefits to which CITY employees are entitled, including, but not limited to, overtime, retirement benefits, workers' compensation benefits, injury leave or other leave benefits. CONTRACTOR is solely responsible for all such matters, as well as compliance with social security and income tax withholding and all other regulations and laws governing such matters.

4. 2 PERS Eligibility Indemnification. In the event that CONTRACTOR's employee providing services under this AGREEMENT claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS)to be eligible for enrollment in PERS of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, CONTRACTOR's employees providing service under this AGREEMENT shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation and benefit including but not limited to eligibility to enroll in PERS as an employee of CITY and entitlement to any contributions to be paid by CITY for employer contributions and/or employee contributions for PERS benefits.

4.3 Indemnification for Employee Payments. CONTRACTOR agrees to defend and indemnify the CITY for any obligation, claim, suit or demand for tax, retirement contribution including any contribution to the PERS, social security, salary or wages, overtime payment, or workers' compensation payment which the CITY may be required to make for work done under this AGREEMENT.

4.4 The provisions of this section 4 are continuing obligations that shall survive expiration or termination of this AGREEMENT.

5. STANDARD OF PERFORMANCE.

While performing the SERVICES, CONTRACTOR shall exercise the reasonable care and skill customarily exercised by reputable members of CONTRACTOR's profession practicing in the metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its skill and expertise.

6. WARRANTY OF CONTRACTOR'S LICENSE.

CONTRACTOR warrants that CONTRACTOR is properly licensed with the applicable government agency(ies) for any SERVICES that require a license. If the CONTRACTOR lacks such license, this AGREEMENT is void and of no effect.

7. AUDIT OF RECORDS.

7.1. At any time during normal business hours and as often as may be deemed necessary the CONTRACTOR shall make available to a representative of CITY for examination all of its records with respect to all matters covered by this AGREEMENT and shall permit CITY to audit, examine and/or reproduce such records. CONTRACTOR shall retain such financial and program service records for at least four(4) years after termination or final payment under this AGREEMENT.

7.2. The CONTRACTOR shall include the CITY's right under this section in any and all of their subcontracts, and shall ensure that these sections are binding upon all subcontractors.

Agreement modified 5/17/2023 Page 3 of 14 ACA approved template April 2022 D 08/22/2023 C8 Page 137 of 186

8. CONFIDENTIALITY AND SECURITY.

8.1. Confidential Work Product. All SERVICES performed by CONTRACTOR, including but not limited to all drafts, data, correspondence, proposals, reports, research and estimates compiled or composed by CONTRACTOR, pursuant to this AGREEMENT, are for the sole use of the CITY, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the CITY. This provision does not apply to information that (a) was publicly known, or otherwise known to CONTRACTOR, at the time that it was disclosed to CONTRACTOR by the CITY, (b) subsequently becomes publicly known through no act or omission of CONTRACTOR or (c) otherwise becomes known to CONTRACTOR other than through disclosure by the CITY. Except for any subcontractors that may be allowed upon prior agreement, neither the documents nor their contents shall be released to any third party without the prior written consent of the CITY. The sole purpose of this section is to prevent disclosure of CITY's confidential and proprietary information by CONTRACTOR or subcontractors.

8.2. Confidentiality. Both parties recognize that their respective employees and agents, in the course of performance of this AGREEMENT, may be exposed to confidential information and that disclosure of such information could violate the rights of private individuals and entities, including the parties and third parties. Confidential information is nonpublic information that a reasonable person would believe to be confidential and includes, without limitation, personal identifying information (e.g., social security numbers) and trade secrets, each as defined by applicable state law, and all other information protected by applicable law ("Confidential Information"). The party receiving Confidential Information ("Receiving Party") of the other Disclosing Party") shall not, and shall cause its employees and agents who are authorized to receive Confidential Information, not to, use Confidential Information for any purpose except as necessary to implement, perform or enforce this AGREEMENT or comply with its legal obligations. Receiving Party will use the same reasonable efforts to protect the Confidential Information of Disclosing Party as it uses to protect its own proprietary information and data. The Receiving Party will not disclose or release Confidential Information to any third person without the prior written consent of the Disclosing Party, except for where required by law or for authorized employees or agents of the Receiving Party. Prior to disclosing the Confidential Information to its authorized employees or agents, Receiving Party shall inform them of the confidential nature of the Confidential Information and require them to abide by the terms of this AGREEMENT. Receiving Party will promptly notify Disclosing Party if Receiving Party discovers any improper use or disclosure of Confidential Information and will promptly commence all reasonable efforts to investigate and correct the causes of such improper use or disclosure. If Receiving Party believes the Confidential Information must be disclosed under applicable law, Receiving Party may do so provided that, to the extent permitted by law, the other party is given a reasonable notice and opportunity to contest such disclosure or obtain a protective order.

Confidential Information does not include information that: (i) is or becomes known to the public without fault or breach of the Receiving Party; (ii)the Disclosing Party regularly discloses to third parties without restriction on disclosure; or (iii) the Receiving Party obtains from a third party without restriction on disclosure and without breach of a non-disclosure obligation. Confidential Information does not include any information that is required to be provided to the public pursuant to the laws of the United States and/or California such as the California Public Records Act, due to the nature of CITY being a local governmental agency. The non-disclosure and non-use obligations of this AGREEMENT will remain in full force with respect to each item of Confidential Information for a period of ten (10) years after the Receiving Party's receipt of that item.

8. 3. Enforcement. Each party acknowledges that any breach of any of the provisions of Section 8 of this AGREEMENT may result in irreparable injury to the other for which money damages would not adequately compensate. If there is a breach, then the injured party shall be entitled, in addition to all other rights and remedies which it may have, to have a decree of specific performance or an injunction issued by any competent court, requiring the breach to be cured or enjoining all persons involved from continuing the breach.

Agreement modified 5/17/2023 Page 4 of 14 ACA approved template April 2022 D 08/22/2023 C8 Page 138 of 186

9. CONFLICTS OF INTEREST.

9.1. CONTRACTOR shall at all times comply with all federal, state and local conflict of interest laws, regulations, and policies applicable to public contracts and procurement practices, including but not limited to California Government Code Section 81000 et seq. (Political Reform Act) and Section 1090 et seq. CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103.

CONTRACTOR represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the CITY.

9.2. If, in performing the SERVICES set forth in this AGREEMENT, the CONTRACTOR makes, or participates in, a "governmental decision" as described in Title 2, Section 18700.3(a) of the California Code of Regulations, or performs the same or substantially all the same duties for the CITY that would otherwise be performed by a CITY employee holding a position specified in the department's conflict of interest code,the CONTRACTOR shall be subject to a conflict of interest code requiring the completion of one or more statements of economic interests disclosing the CONTRACTOR's relevant financial interests.

9.3. If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act. Specifically, the CONTRACTOR shall file a Fair Political Practices Commission Form 700(Assuming Office Statement)within thirty(30)calendar days of the CITY's determination that the CONTRACTOR is subject to a conflict of interest code. The CONTRACTOR shall also file a Form 700 (Annual Statement) on or before April 1 of each year of the AGREEMENT, disclosing any financial interests held during the previous calendar year for which the CONTRACTOR was subject to a conflict of interest code.

9.4. CITY represents that pursuant to California Government Code Section 1090 et seq., none of its elected officials, officers, or employees has an interest in this AGREEMENT.

10. DISPOSITION AND OWNERSHIP OF DOCUMENTS.

10.1. All documents, data, studies, drawings, maps, models, photographs and reports prepared by CONTRACTOR under this AGREEMENT, whether paper or electronic, shall become the property of CITY for use with respect to this PROJECT, and shall be turned over to the CITY upon completion of the PROJECT or any phase thereof, as contemplated by this AGREEMENT.

10.2. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this AGREEMENT, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer.

11. INSURANCE

11.1. CONTRACTOR shall procure and maintain for the duration of the AGREEMENT insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, their agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A.M. Best's rating of no less than "A" and "VII" unless otherwise approved in writing by the CITY's Risk Manager.

Agreement modified 5/17/2023 Page 5 of 14 ACA approved template April 2022 D 08/22/2023 C8 Page 139 of 186

11.2. CONTRACTOR's liabilities, including but not limited to CONTRACTOR's indemnity obligations, under this AGREEMENT, shall not be deemed limited in any way to the insurance coverage required herein. All policies of insurance required hereunder must provide that the CITY is entitled to thirty (30) days prior written notice of cancellation or non-renewal of the policy or policies, or ten (10) days prior written notice for cancellation due to non-payment of premium.

Maintenance of specified insurance coverage is a material element of this AGREEMENT.

11.3. Types and Amounts Required. CONTRACTOR shall maintain, at minimum, the following insurance coverage for the duration of this AGREEMENT:

11.3.1. ®Commercial General Liability (CGL). If checked the CONTRACTOR shall maintain CGL Insurance written on an ISO Occurrence form or equivalent providing coverage at least as broad as CG 00 01 which shall cover liability arising from any and all personal injury or property damage, including ongoing and completed operations, in the amount no less than $2,000,000.00 per occurrence and subject to an annual aggregate of$4,000,000.00. If limits apply separately to this project (CG 25 03 or 25 04) the general aggregate limit shall not apply. There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability. All defense costs shall be outside the limits of the policy. If the CONTRACTOR or subcontractor maintains higher limits than the limits shown above, the CITY shall be entitled to coverage for the higher limits maintained by the CONTRACTOR and their subcontractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. Any excess or umbrella policies being used to meet the required limits of insurance will be evaluated separately and must meet the same qualifications as the CONTRACTOR's primary policy.

11.3.2. ®Commercial Automobile Liability. If checked the CONTRACTOR shall maintain Commercial Automobile Liability Insurance for all of the CONTRACTOR's automobiles including owned, hired and non-owned automobiles, automobile insurance written on an ISO form CA 00 01 12 90 or a later version of this form or an equivalent form providing coverage at least as broad for bodily injury and property damage for a combined single limit no less than $1,000,000.00 per occurrence.

Insurance certificate shall reflect coverage for any automobile (any auto).

11.3.3. ®Workers'Compensation. If checked the CONTRACTOR shall maintain Worker's Compensation insurance for all of the CONTRACTOR's employees who are subject to this AGREEMENT and to the extent required by applicable state or federal law, a Workers' Compensation policy providing at minimum $1,000,000.00 employers' liability coverage. The CONTRACTOR shall provide an endorsement that the insurer waives the right of subrogation against the CITY and its respective elected officials, officers, employees, agents and representatives.

11.4. Self-Insured Retentions. Any self-insured retentions are the responsibility of the CONTRACTOR and must be declared to and approved by the CITY. At the option of the CITY, either(1)the insurer shall reduce or eliminate such self-insured retentions as respects the CITY, its officers, officials, employees and volunteers, or (2) the CONTRACTOR shall provide a financial guarantee satisfactory to the CITY guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

11.5. Additional Required Provisions. The commercial general liability, including any excess or umbrella policies being used to meet the required limits of insurance, and automobile liability policies shall contain, or be endorsed to contain, the following provisions:

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11.5.1. The CITY, its officers, officials, employees, and representatives shall be named as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the CONTRACTOR including materials, parts, or equipment furnished in connection with such work or operations. The CITY's additional insured status must be reflected on additional insured endorsement form (20 10 1185 or 20 10 1001 and 20 37 1001) which shall be submitted to the CITY.

11.5.2. The policies are primary and non-contributory to any insurance that may be carried by the CITY, as reflected in an endorsement at least as broad as CG 20 01 04 13 which shall be submitted to the CITY. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, or representatives shall be excess of the CONTRACTOR's insurance and shall not contribute with it.

11.6. Verification of Coverage. CONTRACTOR shall furnish the CITY with original certificates and amendatory endorsements effecting coverage required by this Section 11, as well as a complete, certified copy of any general liability policy being used to meet the required limits of insurance, which shall include the declaration pages, a schedule of forms listing all policy endorsements, and all policy forms. The endorsements should be on forms approved by the CITY or on other than the CITY's forms provided those endorsements conform to CITY requirements. All certificates and endorsements are to be received and approved by the CITY before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

11.7. Special Risks or Circumstances. CITY reserves the right to modify these requirements, including limits, based on the nature of risk, prior experience, insurer, coverage, or other special circumstances.

12. PREVAILING WAGE

12.1. Prevailing Wage. As required by Sections 1770 et seq. of the California Labor Code, CONTRACTOR and its subcontractors shall not pay less than the prevailing rates of per diem wages as determined by the Director of the California Department of Industrial Relations.

CONTRACTOR is required to comply with California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815, which are incorporated fully herein by reference, and the CONTRACTOR agrees to comply with all of the above-referenced provisions and any other applicable statutes or regulations now existing or hereafter enacted or ameded related to CONTRACTOR's performance of its obligations under this AGREEMENT. Specifically, the CONTRACTOR agrees to:

12.1.1. Pay all workers not less than the general prevailing rate of per diem wages for work of similar character in the locality in which the public work is performed.

12.1.2. Pay all workers not less than the general prevailing rate of per diem wages for holiday and for overtime work that exceeds 8 hours in one day and 40 hours in one week.

12.1.3. Adhere to the compliance measures outlined in Labor Code 1775(b) for any subcontractor that the CONTRACTOR chooses to use on the PROJECT.

12.1.4. Maintain payroll records as required.

12.1.5. Comply with all apprenticeship requirements pursuant to Labor Code 1777.5.

Copies of such prevailing rate of per diem wages are on file at the office of the City Clerk, which copies shall be made available to any interested party on request. Copies of the prevailing rate of per diem wages may also be found at https://www.dir.ca.gov/oprl/DPreWaqe Determination.htm. CONTRACTOR shall post a copy of such determination of each job site.

The statutory provisions for penalties for failure to pay prevailing wages and for failure to comply Agreement modified 5/17/2023 Page 7 of 14 ACA approved template April 2022 D 08/22/2023 C8 Page 141 of 186

with state's wage and hour laws will be enforced. CONTRACTOR shall, as a penalty, forfeit to CITY $50.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates for such work or craft in which such worker is employed for any public work done under the AGREEMENT by it or by any subcontractor under it.

12.2. Payroll Records. As required by sections 1771.4(a)(3) and 1776 of the California Labor Code, each CONTRACTOR and subcontractor shall keep an accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by CONTRACTOR in connection with the public work.

The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of CONTRACTOR on the following basis:

12.2.1. CONTRACTOR and each subcontractor shall keep, certify and make available accurate payroll record in accordance with Labor Code Sections 1771.4(a)( 3) and 1776.

12.2.2. The record shall contain the names, addresses, social security numbers, work classifications, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by CONTRACTOR and/or subcontractor in connection with the work.

12.2. 3. Payroll records shall be certified and shall be on forms provided by the Division of Labor Standards Enforcement, or shall contain the same information as those forms.

Upon written request by the CITY, CONTRACTOR's and subcontractor's certified payroll records shall be furnished within ten (10) days. CONTRACTOR's and subcontractor's certified payroll records shall be available for inspection at the principal office of the CONTRACTOR. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request.

12.2.4. A certified copy of all payroll records shall be made available for inspection or furnished upon request to a representative of the CITY, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations.

12.2.5. A certified copy of all payroll records shall be made available upon request by the public for inspection or for copies thereof, but the public shall not be given access to the records at the principal office of the CONTRACTOR.A request by the public shall be made through either the CITY, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (b) above, the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the CONTRACTOR, subcontractors, and the entity through which the request was made.

12.2.6. Each CONTRACTOR and subcontractor shall file a certified copy of the records with the entity that requested the records within ten (10) days after receipt of a written request.

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12.2.7. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the forwarding body, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the CONTRACTOR shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual's name and social security number.

12.2.8. CONTRACTOR shall inform the CITY of the location of the payroll records including the street, address, CITY and county, and shall, within five (5) working days provide a notice of change of location and address if necessary.

12.2.9. In the event of non-compliance with the requirements of this provision, CONTRACTOR shall have ten (10) days in which to comply subsequent to receipt of written notice specifying in what respects CONTRACTOR must comply with this provision. Should non-compliance still be evident after the ten (10) day period, CONTRACTOR shall, as a penalty to CITY, forfeit$100.00 for each calendar day, or portion thereof, for each worker until strict compliance is effected. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments currently due. Responsibility for compliance with these provisions lies with the CONTRACTOR.

12.3. Apprentices. CONTRACTOR shall be responsible for complying with all the requirements of Labor Code section 1777.5, including the following:

12.3.1. Every apprentice employed on the public work under this contract shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he is registered and shall be employed only at the work of the craft or trade to which he is registered.

12.3.2. Only apprentices, as defined in Labor Code Section 3077, who are in training under apprenticeship standards approved by the Chief of the Division of Apprenticeship Standards and who are parties to written apprentice agreements under Chapter 4 commencing with Section 3070) of Division 3 of the Labor Code are eligible to be employed at the apprentice rate on public works.

12.3.3. When CONTRACTOR, in performing any of the work under the contract, employs workers in any apprenticeable craft or trade, CONTRACTOR shall employ apprentices in at least the ratio set forth in Labor Code Section 1777.5.

12.3.4. Prior to commencing work on the AGREEMENT, CONTRACTOR shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work. The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the CITY if requested. Within 60 days after concluding work on the AGREEMENT, each CONTRACTOR and subcontractor shall submit to the CITY, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information provided shall be public.

Agreement modified 5/17/2023 Page 9 of 14 ACA approved template April 2022 D 08/22/2023 C8 Page 143 of 186

12.4. Working hours. CONTRACTOR shall comply with all applicable provisions of Section 1810 to 1815, inclusive, of the California Labor Code relating to working hours. Eight hours labor shall constitute a legal day's work in all cases where the same is performed under the authority of any law of this State, or under the direction, or control or by the authority of the CITY, or of any officer thereof. Work performed by employees of CONTRACTOR in excess of eight (8) hours during any one (1) calendar day, and forty (40) hours during any one (1) calendar week, shall be permitted on this project only upon compensation for all hours worked in excess of eight(8) hours per day at not less than 1- 1/2 times the basic rate of pay. CONTRACTOR shall, as a penalty to the CITY, forfeit $25.00 for each worker employed in the execution of the Contract by the CONTRACTOR or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty 40) hours in any one(1) calendar week in violation of the provisions of Labor Code section 1810 et seq.

13. INDEMNIFICATION.

CONTRACTOR agrees to indemnify, defend (with counsel acceptable to CITY), and hold harmless the CITY, and its officers, officials, agents and employees from any and all claims, demands, costs or liabilities that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of CONTRACTOR, its employees, agents, and subcontractors in the performance of or failure to perform services or obligations under this AGREEMENT. CONTRACTOR's duty to indemnify under this section shall not include liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense arising from the sole negligence or willful misconduct by the CITY or its elected officials, officers, agents, and employees. CONTRACTOR's indemnification obligations shall not be limited by the insurance provisions of this AGREEMENT.The PARTIES expressly agree that any payment, attorney's fees, costs or expense CITY incurs or makes to or on behalf of an injured employee under the CITY's self-administered workers' compensation is included as a loss, expense, or cost for the purposes of this section, and that this section will survive the expiration or early termination of this AGREEMENT.

14. SUBCONTRACTORS.

14.1. The CONTRACTOR's hiring or retaining of third parties (i.e. subcontractors) to perform services related to the PROJECT is subject to prior written approval by the CITY.

14.2. All contracts entered into between the CONTRACTOR and its subcontractor shall also provide that each subcontractor shall obtain insurance policies which shall be kept in full force and effect during any and all work on this PROJECT and for the duration of this AGREEMENT. The CONTRACTOR shall require the subcontractor to obtain, all policies described in Section 11 in the amounts required by the CITY, which shall not be greater than the amounts required of the CONTRACTOR.

14.3. In any dispute between the CONTRACTOR and its subcontractor, the CITY shall not be made a party to any judicial or administrative proceeding to resolve the dispute. The CONTRACTOR agrees to defend and indemnify the CITY as described in Section 12 of this AGREEMENT should the CITY be made a party to any judicial or administrative proceeding to resolve any such dispute.

15. PRECENDENCE OF DOCUMENTS.

In the event of any ambiguity, inconsistency or conflict amongst the Contract Documents (as that term is defined in the NIB), the following the Contract Documents shall govern in the following order:

15.1. Any Amendment to this AGREEMENT

15.2. This AGREEMENT

15.3. Exhibits to this AGREEMENT

15.4. Scope of Services in the NIB
Agreement modified 5/17/2023 Page 10 of 14 ACA approved template April 2022 D 08/22/2023 C8 Page 144 of 186

15.5. Special Provisions in the NIB

15.6. Other Provisions in the NIB

15.7. Solana Beach Annotations to the San Diego Regional Standards

15.8. San Diego Regional Standard Drawings for Public Works, 2018 Edition

15.9. Standard Specifications for Public Works Construction (Green Book)

15. 10. Bidder's Proposal

16. NON-DISCRIMINATION.

CONTRACTOR shall not discriminate against any employee or applicant for employment because of sex, race, color, age, religion, ancestry, national origin, military or veteran status, disability, medical condition, genetic information, gender expression, marital status, or sexual orientation. CONTRACTOR shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their sex, race, color, age, religion, ancestry, national origin, military or veteran status, disability, medical condition, genetic information, gender expression, marital status, or sexual orientation and shall make reasonable accommodation to qualified individuals with disabilities or medical conditions. Such action shall include, but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by CITY setting forth the provisions of this non-discrimination clause.

17. NOTICES.

All communications to either party by the other party shall be delivered to the persons listed below. Any such written communications by mail shall be conclusively deemed to have been received by the addressee five 5)calendar days after the deposit thereof in the United States mail, postage prepaid and properly addressed as noted below.

MOHAMMAD SAMMAK, DIRECTOR OF MICHAEL HUTCHENS, OPERATIONS

ENGINEERING AND PUBLIC WORKS MANAGER
City of Solana Beach Yunex, LLC.
635 S. Highway 101 1820 John Towers Ave, Suite A
Solana Beach, CA 92075 El Cajon, CA 92020

18. ASSIGNABILITY.

This AGREEMENT and any portion thereof shall not be assigned or transferred, nor shall any of the CONTRACTOR's duties be delegated or sub-contracted, without the express written consent of the CITY.

19. RESPONSIBILITY FOR EQUIPMENT.

CITY shall not be responsible nor held liable for any damage to persons or property consequent upon the use, misuse, or failure of any equipment used by CONTRACTOR or any of CONTRACTOR's employees or subcontractors, even if such equipment has been furnished, rented, or loaned to CONTRACTOR by CITY.

The acceptance or use of any such equipment by CONTRACTOR, CONTRACTOR's employees, or subcontractors shall be construed to mean that CONTRACTOR accepts full responsibility for and agrees to exonerate, defend, indemnify and hold harmless CITY from and against any and all claims for any damage whatsoever resulting from the use, misuse, or failure of such equipment.

Agreement modified 5/17/2023 Page 11 of 14 ACA approved template April 2022 D 08/22/2023 C8 Page 145 of 186

20. CALIFORNIA LAW; VENUE.

This AGREEMENT shall be construed and interpreted according to the laws of the State of California. Any action brought to enforce or interpret any portion of this AGREEMENT shall be brought in the county of San Diego, California. CONTRACTOR hereby waives any and all rights it might have pursuant to California Code of Civil Procedure Section 394.

21. COMPLIANCE WITH LAWS.

The CONTRACTOR shall comply with all laws, ordinances, regulations, and policies of the federal, state, and local governments applicable to this AGREEMENT whether now in force or subsequently enacted. This includes maintaining a City of Solana Beach Business Certificate.

22. ENTIRE AGREEMENT.

This AGREEMENT and the other Contract Documents set forth the entire understanding of the PARTIES with respect to the subject matters herein. There are no other understandings, terms or other agreements expressed or implied, oral or written, except as set forth herein. No change, alteration, or modification of the terms or conditions of this AGREEMENT or the other Contract Documents, and no verbal understanding of the PARTIES,their officers, agents, or employees shall be valid unless agreed to in writing by both PARTIES.

23. NO WAIVER.

No failure of either the City or the CONTRACTOR to insist upon the strict performance by the other of any covenant, term or condition of this AGREEMENT, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this AGREEMENT shall constitute a waiver of any such breach of such covenant, term or condition.

24. SEVERABILITY.

The unenforceability, invalidity, or illegality of any provision of this AGREEMENT shall not render any other provision unenforceable, invalid, or illegal.

25. DRAFTING AMBIGUITIES.

The PARTIES agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this AGREEMENT, and the decision of whether or not to seek advice of counsel with respect to this AGREEMENT is a decision which is the sole responsibility of each Party. This AGREEMENT shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the AGREEMENT.

26. CONFLICTS BETWEEN TERMS.

If an apparent conflict or inconsistency exists between the main body of this AGREEMENT and the Exhibits, the main body of this AGREEMENT shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this AGREEMENT, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this AGREEMENT. the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts. and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this AGREEMENT.

27. EXHIBITS INCORPORATED.

All Exhibits referenced in this AGREEMENT are incorporated into the AGREEMENT by this reference.

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28. SIGNING AUTHORITY.

28.1. The representative for each Party signing on behalf of a corporation, partnership,joint venture, association, or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership,joint venture, association, or entity and agrees to hold the other Party or PARTIES hereto harmless if it is later determined that such authority does not exist.

28.2. If checked, a proper notary acknowledgement of execution by CONTRACTOR must be attached.

IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT the day and year first hereinabove written.

CITY OF SOLANA BEACH, a municipal Yunex LLC, a Limited Liability Company corporation
By: By:

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Michael J. Hutchens/
Western Operations Manager
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APPROV TO CO ENT:

Mohammad Sammak, Engineering and Public
Works
APPROVED AS TO FORM:
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City Attorney, Johanna N. Canlas
Agreement modified 5/17/2023 Page 13 of 14 ACA approved template April 2022 D08/22/2023 C8 Page 147 of 186

EXHIBIT "A"

SCOPE OF SERVICES AND FEE
Scope of Services and Fees Defined
Agreement modified 3/ 7/2023 Page 14 of 14 ACA approved template April 2022 D 08/22/2023 C8 Page 148 of 186

CITY OF SOLANA BEACH

TRAFFIC SIGNAL ASSESSMENT REPORT
OCTOBER 2021
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08/22/2023 C8 Page 149 of 186

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CITY OF SOLANA BEACH

DOCUMENT REVISION HISTORY
Revision Date Status/Description
1 10/ 27/ 21 First Draft
TRAFFIC SIGNAL ASSESSMENT i
08/22/2023 C8 Page 150 of 186

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CITY OF SOLANA BEACH

TABLE OF CONTENTS
1 Introduction 6

1.1 Background & Purpose 6

1.2 City Initiatives 7

1.3 Document Organization 7
2 Roadway&Traffic Signal Network 9

2.1 Roadway Network 9

2. 2 Traffic Signal System 12
3 Roadway&Traffic Signal Network Improvements 14

3.1 Coast Highway 101 Corridor Improvement Project 14

3.2 Lomas Santa Fe Drive Corridor Improvement Project 14 4 Existing Conditions 15

4.1 Conduit& Pull Boxes 15

4.2 Cables &Wire 16

4.3 Traffic Signal Poles 17

4.4 Traffic Signal Attachments 17

4.4.1 Vehicle & Pedestrian Signal Heads 17

4.4.2 Safety Lighting 18

4.4.3 Signs 19

4.5 Detection 19

4.5.1 Vehicle 19

4.5.2 Bicycle 20

4.5.3 Pedestrian 21

4.5.4 Emergency Vehicle 21

4.6 Controller Cabinet 22

4.6.1 Controllers 23

4.6.2 Conflict Monitor Unit 23

4.6.3 Power Distribution Assembly 23

4.6.4 Battery Backup Systems 23

4.7 Service Pedestals 24

4.8 Communications 25
5 Recommendations 26
TRAFFIC SIGNAL ASSESSMENT ii
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CITY OF SOLANA BEACH

5.1 Traffic Signal System Infrastructure 26

5.1.1 Conduit & Pull Boxes 26

5.1. 2 Traffic Signal Cable 26

5.1. 3 Traffic Signal Poles 26

5.1.4 Traffic Signal Attachments 26

5.1.5 Detection 27

5.1.6 Controller Cabinet & Equipment 27

5.1.7 Service Pedestals 29

5.2 Intelligent Transportation Systems 29

5.2.1 Communications 29
6 Implementation 32

6.1 Phase 1 Immediate Improvements 32

6.2 Phase 2 Near Term Improvements 34

6.3 Phase 3 Ultimate Improvements 36

LIST OF FIGURES
Figure 2-1 Solana Beach Street Typology Classification 11 Figure 2-2 Existing Traffic Signals and Communications Infrastructure Map 13 Figure 5-1: Proposed Traffic Signal System 31

LIST OF TABLES
Table 2-1: Solana Beach Street Typology Classification 10 Table 4-1: Conduit& Pull Boxes 16
Table 4-2:Traffic Signal Poles 17
Table 4-3: Vehicle Signal Heads 17
Table 4-4: Pedestrian Signal Heads 18
Table 4-5: Signs 19
Table 4-6: Vehicle Detection 20
Table 4-7: Pedestrian Detection 21
Table 4-8: Emergency Vehicle Detection 22
Table 4-9: Controller Cabinet 23
Table 4-10: Battery Back-Up Systems 24
Table 6-1: Phase 1 Budgetary Costs 33
Table 6-2: Phase 2 Budgetary Costs 35
Table 6-3: Phase 3 Budgetary Costs 36
TRAFFIC SIGNAL ASSESSMENT iii
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LIST OF ACRONYMS
ADA American Disabilities Act
AM Ante Meridiem
APS Accessible Pedestrian System
ATC Advance Traffic Controller
ATSPMs Automated Traffic Signal Performance Measures
BBS Battery Backup System
Caltrans California Department of Transportation
CAMUTCD California Manual on Uniform Traffic Control Devices CAP Climate Action Plan
CCTV Closed-Circuit Television
CMT Charge Management Technology
CMU Conflict Monitor Unit
DLC Detector Loop Cable
EVPE Emergency Vehicle Preemption
FDU Fiber Distribution Unit
FHWA Federal Highway Administration
FO Fiber Optic
GHG Greenhouse Gas
GPS Global Positioning System
Hi-Res High Resolution
IP Internet Protocol
IR Infrared
ITS Intelligent Transportation System
LED Light Emitting Diode
PDA Power Distribution Assembly
PM Post Meridiem
PPB Pedestrian Push Button
TRAFFIC SIGNAL ASSESSMENT iv
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Cooao•;
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CITY OF SOLANA BEACH
PTZ Pan-Tilt-Zoom
PVC Polyvinyl Chloride
RMC Rigid Metal Conduit
RRFB Rectangular Rapid Flashing Beacon
SDG&E San Diego Gas & Electric
SIC Signal Interconnect Cable
SMFOC Single Mode Fiber Optic Cable
SNS Street Name Sign
SPM Signal Performance Measures
SR State Route
TMC Traffic Management Center
TMS Traffic Management System
TOD Time of Day
TRAFFIC SIGNAL ASSESSMENT v
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CITY OF SOLANA BEACH
1 INTRODUCTION
Traffic Signal Systems, when properly managed and maintained, provide for the safe, orderly flow of vehicles, pedestrians, bicycles, and transit through intersections and along transportation corridors. The City of Solana Beach owns and maintains 16 traffic signals, three mid-block pedestrian actuated crossing systems, and signal interconnect cable for communications. This Traffic Signal Assessment report documents and evaluates the existing traffic signal system for potential deficiencies, provides recommendations for maintenance, replacement or upgrades to field infrastructure including Intelligent Transportation Systems technologies, and presents a phasing plan with budgetary cost estimates for implementation. This report will assist the Public Works Director/City Engineer, City Manager and City Council in prioritizing improvements and budgets to provide a modernized, state of the art traffic signal system for the benefit of all roadway users.

1. 1 Background & Purpose
The City of Solana Beach, with a population of
just over 13,000, is uniquely situated along the
Pacific Ocean approximately 25 miles up the S.„El,„
coast from Downtown San Diego. The City's
transportation network provides key regional to
connections along Coast Highway 101 to
neighboring cities of Encinitas to the north and 1 i San New Del Mar to the south. Lomas Santa Fe Drive 1
fm...."
provides direct east-west connections to the
Interstate 5 freeway and unincorporated areas t
of San Diego County to the east.The majority of I. i
the City's traffic signals are located along these 1
two primary corridors, which service local and Del Mar
regional traffic, pedestrians, bicycles, and
transit. The City of Solana Beach has prioritized
investments in traffic signal systems infrastructure and technology to improve traffic operations and management along these two corridors and Stevens Avenue, which runs north-south connecting the neighborhoods just west of Interstate 5 to Lomas Santa Fe Drive.

The City has long recognized that a multi-modal,well-connected,and aesthetically pleasing transportation network enhances the quality of life for those to live, work, and visit Solana Beach. Through ongoing implementation of the Circulation Element and the Highway 101 Corridor Specific Plan, the City has been making significant progress in enhancing pedestrian and bicycle facilities, supporting the use of transit, and improving connections for all modes of travel. Proper management and routine maintenance of the City's traffic signal system is critical to ensuring safe and efficient travel. Costs for preventative maintenance, repairs, replacement, and upgrades of traffic signal system infrastructure are reviewed and determined on an annual basis during the City's capital budget cycle.

The objective of the Traffic Signal Assessment is to evaluate the existing traffic signal system and establish the planning framework for implementing infrastructure and systems improvements that will meet the TRAFFIC SIGNAL ASSESSMENT 6
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City's immediate and long-term traffic system needs. The evaluation and findings of the Traffic Signal Assessment are described in greater detail throughout the report.

1.2 City Initiatives
This document is consistent with the following documents and initiatives:

Circulation Element (November 2014): The Circulation Element, which is an integral component of the City General Plan,establishes the framework for the City's approach to complete streets, regional access, and the increased use of active transportation to reduce air pollution and greenhouse gas (GHG) emissions. The document acknowledges the City's plan to implement ITS technology to increase vehicle throughput and reduce congestion.This Traffic Signal Assessment report is consistent with the following policies outlined in the Circulation Element:

Goal C-3.0: Adequate measures to ensure traffic safety. a. Policy C-3. 2 Continue to improve roadways and provide ongoing maintenance to ensure the safety of all users of the roadway system.

GOAL 10.0: A universally accessible, safe, and convenient system of sidewalks or pathways throughout the city that encourages walking and is harmonious with the surrounding neighborhood.
a. Policy C-10.3 Provide connectivity of wide, well-lit walking environments with safety buffers between pedestrians and vehicular traffic, when feasible. b. Policy C-10.7 Improve pedestrian safety at intersections and mid-block crossings. c. Policy C-10.8 Reduce architectural barriers that restrict full movement and access by less mobile segments of the population consistent with the Americans with Disabilities Act.

Policy C-5.2: Encourage improvements that minimize land acquisition and major construction, such as, but not limited to, lane restriping, enhanced road markings, synchronized traffic signals, Intelligent Transportation System (ITS) network management, and left turn lane restrictions.

Climate Action Plan (July 2017): The Climate Action Plan (CAP) includes the 2010 Greenhouse Gas (GHG) baseline inventory,forecasted emissions for 2020, 2035,and 2050, and measurable strategies and actions the City will strive to implement to achieve emission reductions. This Traffic Signal Assessment report provides recommendations that will help reduce vehicle emissions along primary transportation corridors throughout the City.

1.3 Document Organization
This Traffic Signal Assessment report is organized into the following sections:

Introduction — Presents the purpose of the traffic signal assessment and a summary of the report's consistency with appliable City initiatives.

Roadway and Traffic Signal Network — Presents City of Solana Beach's complete street network and existing traffic signals.

Street & Traffic Signal Improvements — Summarizes major capital improvement projects involving roadway and multi-modal improvements, traffic signal and communications upgrades, and/or deployment of ITS technologies that have been completed or are currently in progress TRAFFIC SIGNAL ASSESSMENT 7
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Existing Conditions—Presents each component of the City's existing traffic signal system and its existing condition documented from detailed engineering field reviews.

Recommendations — Summarizes recommendations for traffic signal infrastructure improvements to allow the City to efficiently and effectively operate, manage, and maintain the traffic signal system.

Implementation Plan—Presents a consolidated summary of the recommended improvements, implementation phasing plan, and budgetary cost estimates.

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2 ROADWAY & TRAFFIC SIGNAL NETWORK
The City of Solana Beach owns and operates 16 traffic signals including eight signalized intersections along Lomas Santa Fe Drive from Las Banderas Drive to Highway 101;four signalized intersections along Stevens Avenue Lomas Santa Fe Drive to Valley Avenue; and four signalized intersections on Highway 101 from Solana Vista Drive to Dahlia Drive.The Highway 101, Lomas Santa Fe Drive and Stevens Avenue corridors are the most traveled roadways in the City, providing access to Interstate 5 and community activity centers including local beaches, recreation, retail, school, and City Hall. The City also owns and operates three pedestrian crossings including two mid-block crossings along Highway 101 and one crossing along Stevens Avenue.

2.1 Roadway Network
The City's Street network includes multi-modal corridors that provide regional connections to the Interstate 5 freeway, neighboring cities of Encinitas to the north and Del Mar to the south, and unincorporated areas of San Diego County to the east.The City's Circulation Element utilizes a complete streets approach that is consistent with state and federal requirements.Complete streets meet the needs of all transportation mode users including pedestrians, bicyclists, public transit, motorists, seniors, persons with disabilities, movers of commercial goods, and emergency vehicles. The Circulation Element identifies a Street Typology system that categorizes streets based on street character, adjacent land uses, functionality,and intended users.The Street Typology System reflects the City's commitment to providing complete streets. In addition, Street Overlays are included to acknowledge portions of the City's Street network may serve a special use and require additional design considerations. The City also utilizes a Street Classification system and remains as a separate measure to evaluate vehicular operations. Table 2- 1 lists the City's Street Typologies and Figures 2-1 illustrates the City's Street Typology'.

A description of the City's roadways that include signalized intersections is provided below and on subsequent pages of this section.

Highway 101 is a four-lane major arterial roadway with a posted speed limit of 35 mph. It provides the primary north-south access to numerous beaches and parks along the coast as well as connections to the communities of Encinitas, Carlsbad, and Oceanside to the north and Del Mar and La Jolla to the south.

Highway 101 is also a popular route for bicyclists and consists of a mix between dedicated bike lanes and shared bike lanes.Sidewalks are provided along both sides of Highway 101 and access to the Solana Beach Amtrack station is provided off Highway 101 just north of the intersection with Lomas Santa Fe Drive. 1 Solana Beach Municipal Code(SBMC),General Plan,and Specific Plans.Solana Beach Municipal Code.(n.d.,)Circulation Element.

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Table 2-1: Solana Beach Street Typology Classification

TYPE CLASSIFICATION DESCRIPTION &ATTRIBUTES
Multi-modal boulevards are four-lane or two-lane divided roadways that provide access to major community
amenities, commercial uses, and services within Solana
Beach.

Multimodal Boulevard • Serve as regional connections to cities to the north, south, and east of Solana Beach.

These facilities should be balanced in their provision of mobility and accessibility by foot, bike, transit, and car and include separated bicycle facilities.

Community connectors are two-lane divided or undivided
roadways that provide for a balanced mix of pedestrian, bicycle, and automobile access between residential
neighborhoods, the city's multi-modal boulevards, and
Community Connector points outside the city.

The facilities should have enhanced bicycle and
pedestrian treatments to ensure safe travel between
residential neighborhoods and multi-modal boulevards or locations outside the city.

Bicycle boulevards are two-lane roadways that provide
pedestrian, bicycle, and automobile access, although non- Street motorized modes are distinctly prioritized through traffic Typologies calming, traffic diversion, and various bicycle treatments, Bicycle Boulevard such as vertical and horizontal signage, priority phasing for cyclists at signalized intersections, and wayfinding.

The bicycle boulevard network allows for convenient and safe bicycle travel between residential neighborhoods
and schools, commercial, transit, and recreation.

Pedestrian corridors are two-lane roadways that provide pedestrian, bicycle, and automobile access, although
Pedestrian Corridor
pedestrian travel is distinctly prioritized through traffic calming and pedestrian treatments, such as raised
crosswalks, high visibility crosswalks, bulb-outs, and
pedestrian priority phasing at signalized crossings.

Class I multi-use paths provide a travel option for bicycle Class I Multi-Use Path and pedestrian commuters and recreational users that is fully separated from automobile traffic.

Local streets, not considered Circulation Element roads, are two-lane undivided roadways that provide access to
Local Streets
adjacent residential land uses.

These roadways should include traffic calming techniques to control vehicular speed and discourage cut-through
traffic.

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Figure 2-1 Solana Beach Street Typology Classification
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Community Connector Local Road r.
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Commercial Bicycle Boulevard i•-_i City Boundary
Bicycle Boulevard Outside of City t
Residential Bicycle Boulevard

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Lomas Santa Fe Drive runs east-west and is a four-lane divided roadway with limited on-street parking. It provides coastal and inland access for Solana Beach and access to and from 1-5. Posted speeds are 35 mph.

Striped bike lanes and sidewalks are provided on both sides of the roadway. The existing functional classification of Lomas Santa Fe is a four-lane major roadway.

Stevens Avenue is a north-south commercial roadway, extending from Lomas Santa Fe south to Valley Avenue. It provides access to business and residential areas along both sides of the roadway, as well as a middle school,public library,and a private school. Posted speeds range from 25 mph to 35 mph depending on the presence of school zones. Its existing cross-section varies from two lanes undivided to four lanes undivided. There are designated bicycle facilities along both sides of Stevens Avenue from San Rodolfo Drive to Valley Avenue.Sidewalks are also present along both sides of the roadway.The existing functional classification of Stevens Avenue is a four-lane commercial collector roadway.

2.2 Traffic Signal System
The City owns and operates the following 16 signalized intersections and three mid-block pedestrian actuated crossing systems:

1. Lomas Santa Fe Drive & Las Banderas Drive 11. Stevens Avenue & Nardo Avenue

2. Lomas Santa Fe Drive &Shopping Plaza Dwy 12. Stevens Avenue &Valley Avenue

3. Lomas Santa Fe Drive &Solana Hills Drive 13. Highway 101 &Solana Vista Drive

4. Lomas Santa Fe Drive &Stevens Avenue 14. Highway 101 Cliff Street

5. Lomas Santa Fe Drive & Nardo Avenue 15. Highway 101 & Estrella Street

6. Lomas Santa Fe Drive & Rios Avenue 16. Highway 101 Dahlia Drive

7. Lomas Santa Fe Drive &Cedros Avenue 17. Highway 101 Pedestrian Crossing (North)

8. Lomas Santa Fe Drive/ Highway 101 18. Highway 101 Pedestrian Crossing (South)

9. Stevens Avenue &San Rodolfo Drive 19. Stevens Avenue Pedestrian Crossing

10. Stevens Avenue &Academy Drive
The City owns and operates signal interconnect cable (SIC) along three major corridors including:

1. Lomas Santa Fe Drive from Las Banderas Drive to Highway 101

2. Stevens Avenue from Lomas Santa Fe Drive to Valley Avenue (however, there is a gap between Academy Avenue and Nardo Avenue)

3. Highway 101 from Solana Vista Drive to Dahlia Drive Additionally, 14 of the 16 traffic signals have SIC terminating in the controller cabinets.Stevens Avenue at Nardo Avenue and Stevens Avenue at Valley Avenue are the only two intersections that currently do not have SIC connected to the controller cabinet. Figure 2-2 illustrates the City's existing traffic signals and communications infrastructure.

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Figure 2- 2 Existing Traffic Signals and Communications Infrastructure Map Encinitas
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I. RRFB Pedestnan Crossing
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3 ROADWAY & TRAFFIC SIGNAL NETWORK IMPROVEMENTS
This section highlights a few notable roadway improvement projects that directly support buildout of the City's complete streets network.

3.1 Coast Highway 101 Corridor Improvement Project
In 2013,the Highway 101 West Side Improvement Project is created an aesthetically pleasing, bicycle and pedestrian .•w 171friendlycorridoralongHighway101inSolanaBeach. ghway 101 45 Elements of design included striped bike lanes and bike i 1.. sharrows highlighted in green boxes, traffic calming .; measures, increased parking and wider sidewalks for local businesses, installation of two new traffic signals and two new mid-block crosswalks enhanced with refuge islands
and pedestrian actuated Rectangular Rapid Flashing
Beacons (RRFBs), other hardscape and landscape
improvements, and drainage improvements. Completion
of this project directly supported the Highway 101 Corridor Specific Plan by enhancing the links between the businesses and residential neighborhoods on the west side of Highway 101 and the Coastal Rail Trail and Cedros Design District on the east side.

3.2 Lomas Santa Fe Drive Corridor Improvement Project
The project study area for the Lomas Santa Fe Drive Corridor Improvements extends from Sierra Avenue on the west side of Highway 101 (where the roadway is called Plaza Street)to Highland Drive at the City's eastern boundary. The City's goal for the project is to identify physical improvements that could be constructed to improve the character, safety, walkability, bikeability and circulation along this key east- west arterial. The project includes six traffic signal modifications along Lomas Santa Fe Drive.

Improvements at these signal locations consist of new and upgraded traffic signal equipment including controller cabinets, controllers and software, traffic signal poles, APS push button systems and equipment, countdown pedestrian heads, vehicle detection cards and loops, and dedicated bicycle detection equipment.

The modified signal locations include:

Lomas Santa Fe/Cedros Avenue
Lomas Santa Fe/ Rios Avenue
Lomas Santa Fe/Nardo Avenue
Lomas Santa Fe/Stevens Avenue-Glen Crest Drive
Lomas Santa Fe/ Plaza Shopping Center
Lomas Santa Fe/Las Banderas Drive
The project is currently in Phase 3 of 4 which includes environmental review, design of the proposed improvements, permitting, and funding acquisition.The final design plans are expected to be completed sometime in 2022 with construction to begin after final designs are completed.

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4 EXISTING CONDITIONS
Detailed engineering field reviews of the traffic signal system were conducted to inventory and determine condition of existing field infrastructure including conduit, pull boxes, conductors and cable, traffic signal poles,traffic signal pole attachments, detection, controller cabinet equipment, and service pedestals.The following subsections provides a summary of existing conditions and tables listing evident deficiencies noted during field reviews.

4.1 Conduit & Pull Boxes
Conduit provides pathways for cables and conductors to connect traffic signal equipment and provides protection from exterior elements. Existing conduit runs at signalized intersections range between 1-inch to 3-inches. Existing conduit runs for interconnect range between 2-inch to 3-inches. Rigid metal conduit (RMC) and i - ` '.' Polyvinyl Chloride (PVC) are the two conduit types present p . throughout the City. It should be noted that no conduit runs were found along Stevens Avenue between Academy Drive and Nardo Avenue. SIC was identified to be tight and not moving freely at:

Lomas Santa Fe Drive from Solana Hills Drive to 250'west of Solan Hills Dr 9'
Lomas Santa Fe Dr between Highway 101 and Cedros
Avenue
This could indicate potential damages to conduit underground and • should be investigated to determine usability of existing conduit.

Pull boxes provide access to the traffic signal conduit, cables, and conductors for new installations and maintenance activity. Pull boxes are positioned to facilitate efficient pulling of cable and wire around the intersection and for interconnect runs. Most pull boxes in the City are made of concrete with rebar.A few older pull boxes do not have rebar. Existing pull boxes are generally located in the sidewalk and range in size between#3,#5, and#6.Table 4-1 lists deficient pull box and conduits by intersection.

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Table 4-1: Conduit& Pull Boxes
ID Location Deficiency
1 Lomas Santa Fe Drive& Las One#5E pull box one west side of intersection in front of service, is filled Banderas Drive with dirt.

Lomas Santa Fe Drive&Solana
2 Broken#5E pull box on northwest corner.Hills Drive
4 Lomas Santa Fe Drive&
Broken#3 pull box on southwest corner next to 1A pole.Stevens Avenue Lomas Santa Fe Drive&Nardo
5 Avenue Homerun pull box is filled with dirt
7 Lomas Santa Fe Drive& #
3 pull box on southeast corner is cemented shutCedrosAvenue 14 Highway 101 Cliff Street Pull box located under bushes on northeast corner 15 Highway 101& Estrella Street Buried#6 pull box on southeast corner 16 Highway 101 Dahlia Drive Homerun pull box filled with dirt 17 Highway 101 Pedestrian
Broken pull boxCrossing1(North)

4.2 Cables & Wire
Cable and wire carry electrical current from the traffic signal controller cabinet to the traffic signal heads and other attached field equipment. Cable and wire run underground in conduit and pull boxes around the intersection to the traffic signal poles.Traffic signal cable consists of groupings of 3 and 12 conductors 14-gauge wire) in a single cable jacket. Traffic signal phase wire consists of individual 14-guage conductors with no cable jacket.The schematic drawing to the left depicts a typical traffic signal cable and s 4 3 2 I corresponds with the following notes:

1. Conductor(stranded 14-guage wire)

2. Polyethylene (PE)for insulation

3. High strength rip cord for jacket removal

4. Polyester tape separating cable jacket

5. Black Polyethylene (PE)jacket
There is a combination of traffic signal cable and traffic signal wire throughout the City. Cables and wires were examined and documented for substandard conditions.Traffic signal phase wiring was found at the intersections of Lomas Santa Fe Drive/ Rios Avenue and Lomas Santa Fe Drive/ Nardo Avenue. The only deficiency documented for cable and wire consists of detector loop cable (DLC) wires for the EB advance loops that were cut and not operational located at Lomas Santa Fe Drive/ Las Banderas Drive.

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4.3 Traffic Signal Poles
Traffic signal poles provide the structure to attach
and display the traffic control devices and provide
r
the conduit for the electrical connections. Traffic ii
signal poles are galvanized steel and are bolted to 111 0 7r
an underground reinforced concrete foundation Pi`.
that anchors the pole in place. Traffic signal poles I
vary in size based on location and number of
attachments. Wider roads have larger poles with
mast arms and traffic signal vehicle heads and signs
over the traffic lanes. Traffic signal poles typically
include a luminaire arm for intersection safety lighting.The following traffic signal pole types are present within the City:
1-A Pole—10-foot height pole with no mast arm or safety lighting. 15TS Pole—30-foot heigh pole with safety lighting.

Pole with Mast Arm —30-foot height pole with mast arm and safety lighting. Mast arms vary in length based on intersection and number of attachments.

Table 4-2:Traffic Signal Poles
ID Location Pole Location Deficiency
13 Highway 101&Solana
NE&SE Corners
Poles are buried with gravel/dirt, Poles are
Vista Drive rusting.

4.4 Traffic Signal Attachments
Traffic signal attachments include traffic signal heads, safety lights, and signs that are mounted to the traffic signal poles and mast arms.

4.4.1 Vehicle & Pedestrian Signal Heads
Vehicle and pedestrian signal heads are comprised of three main parts:
1) framework, (2) housing, and (3) indications. The signal framework Y
consists mounting brackets or"pipework" that holds the signal housing to the traffic signal pole or mast arm. The vehicle type signal housing includes terminal blocks, backplate, and visors. The pedestrian signalglii head has a "clamshell" type housing. Signal indications in the City are incandescent or Light Emitting Diode (LED). Overall condition of vehicle s.2andpedestriansignalheadswereobservedduringfieldreviews.

Vehicle signal heads were examined for compliance with 12-inch signal LY ' indication standards.

Table lists deficient vehicle signal heads, associated traffic signal - f nei Na pole, and signal indication by movement. W
Table 4-3: Vehicle Signal Heads
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ID Location Pole Location Movement Deficiency
Lomas Santa Fe Drive NW Corner WB Signal heads are fading/rusting. 3 &
Solana Hills Drive SE Corner EB Signal heads are fading/rusting. 4 Lomas Santa Fe Drive NW Corner WB Signal heads are fading/rusting.

Stevens Avenue SE Corner EB Signal heads are fading/rusting.

Pedestrian signal heads were examined and documented for type (countdown or non-countdown) and alignment.Table 4-4 lists non-countdown pedestrian heads.

Table 4-4: Pedestrian Signal Heads
ID Location Deficiency
1 Lomas Santa Fe Drive & Las
Six pedestrian heads are non-countdown.

Banderas Drive
Lomas Santa Fe Drive &
3 Solana Hills Drive
One pedestrian head is non-countdown.

Lomas Santa Fe Drive &
5 Four pedestrian heads are non-countdown.

Nardo Avenue
Lomas Santa Fe Drive &
6 Four pedestrian heads are non-countdown.

Rios Avenue
7 Lomas Santa Fe Drive &
Five pedestrian heads are non-countdown.

Cedros Avenue
Lomas Santa Fe Drive/
8 Plaza Street & Highway 101
Three pedestrian heads are non-countdown.

Stevens Avenue &Academy
10 Two pedestrian heads are non-countdown.

Drive
11 Stevens Avenue & Nardo
Two pedestrian heads are non-countdown.

Avenue
12 Stevens Avenue &Valley One pedestrian head are non-countdown.

Avenue

4.4.2 Safety Lighting
Safety lighting is mounted on the end of a luminaire arm at the top of a traffic signal pole. The lights are located on each corner around the intersection to light up the curb return and crosswalk for pedestrian and , motorist visibility.Safety lights and streetlights differ in that safety lights are located at intersections on traffic signal poles and streetlights are located on streetlight poles between intersection or at non-signalized intersections.

Safety lighting throughout the City consisted of 101W LED fixtures.Only one significant deficiency was documented at Lomas Santa Fe Drive &Shopping ' J '" ,
Plaza Driveway — safety lighting fixture on north-west corner pole is . constantly on for 24-hours of the day.

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4.4.3 Signs
Traffic signal signs are mounted on traffic signal poles and mast arms to inform drivers of traffic regulations at the intersection. Street name signs (SNS) are also mounted on poles and mast arms. Table 4-5 contains sign deficiencies documented during field reviews.

Table 4-5: Signs
ID Location Deficiency
1 Lomas Santa Fe Drive& Las
Faded R34 sign on NE Pole
Banderas Drive
2 Lomas Santa Fe Drive & Bent sign R61-MOD sign on NE Pole Shopping Plaza Driveway Faded R3-18 sign on SE Pole
Lomas Santa Fe Drive &
3 Solana Hills Drive
Street name signs are old and in need of replacement
Faded street name sign on NW corner of Glencrest Dr
Lomas Santa Fe Drive &
4 Stevens Avenue
Faded street name sign on SW corner across from Glencrest Dr Warn down R73-3 Sign on northern pole
Lomas Santa Fe Drive &
Old street name signs in need of replacement
5 Nardo Avenue
Missing regulatory signs on NW & SE Poles
Old, warped sign on 1A pole SW corner
Lomas Santa Fe Drive &
7 Broken street name sign on NB and SB approach poles
Cedros Avenue
13 Highway 101 &Solana Vista
No U-Turn sign is fading
Drive
Motorists can have a hard time reading faded regulatory signs during the nighttime. Caltrans standard signs are constructed of aluminum panels and retroreflective sheeting with a protective overlay film which help motorist see these signs at night.

4.5 Detection
Traffic signal detection provides inputs from the roadway or sidewalk to the controller to identify and determine a roadway user's need to traverse the intersection. Intersection detection types include vehicle, bicycle, pedestrian, and emergency vehicle detection.

4.5.1 Vehicle
Vehicle detection provides the traffic signal controller the presence and location of vehicles at the intersection and is the foundation of the City's traffic signal system. Without detection the traffic signal system would have to operate in a pre-timed basis which is not feasible in today's traffic environment.

There are two types of vehicle detection technologies currently deployed in the City:

Inductive Loops — Set in the pavement to detect changes in the earth's magnetic field when a vehicle is present. Bicycle inductive loops are also set in the pavement within bike lanes and detect when a bicyclist is present. Detection information is conveyed to the traffic signal cabinet detector cards via a detector loop cable (DLC) connection.

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Video —Camera mounted on the traffic signal poles and/ or mast arms that detects changes in its field of view when a vehicle is present. Cameras are connected to processors located in the traffic signal cabinet that digitize and interpret the video imagery.

Highway 101 at Cliff Street, Estrella Street, Lomas Santa Fe Drive, and Dahlia Drive all utilize video detection for each approach including advanced detection. Lomas Santa Fe Drive at Plaza Entrance and Lomas Santa Fe at Solana Hills Drive are the only signalized intersection that utilizes video detection for at least one approach of an intersection for stop bar detection, while inductive loop detection is utilized for advanced detection on all approaches. Inductive loops for stop bar and advanced vehicle detection is used at all other signalized intersections. It should be noted that detection functionality was not specifically investigated as part of this report and a separate assessment of the loop detection should be performed to determine functionality and health of all loop detectors.

Table 4-6: Vehicle Detection
ID Location Deficiency
1 Lomas Santa Fe Drive & Las Phase 5 detector card unplugged in cabinet due to defective loop Banderas Drive detectors.
8 Lomas Santa Fe Drive/
Software for video detection needs to be updated.

Plaza Street& Highway 101
Stevens Avenue & Nardo
11 Limit line loops are in front of limit line striping.

Avenue
12 Stevens Avenue &Valley
NB Advance loops not working.

Avenue

4.5.2 Bicycle
Bicycle detection indicates to the traffic signal controller the presence and location of bicyclists at an intersection. Bicycle detection may be achieved through inductive loops and/or video detection cameras.

Bicycle inductive loops may be present at an intersection via the limit line loops (Type E) of an approach or it may be set separately in the pavement within bike lanes.Type E limit line loop detectors present on a vehicle approach lane are designed to better detect bicycles as there is a greater area for which detection is possible. Although bicycle lanes are currently present along both sides of Lomas Santa Fe Drive and Stevens Avenue, bicycle loop detectors are not utilized within the bicycle lanes. Only Stevens Avenue utilizes Type E limit line loop detectors. Video detection is utilized for bicycles along the Highway 101 corridor.

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4.5.3 Pedestrian
Pedestrian detection consists of a pedestrian push button (PPB) mounted on a traffic signal pole close to the crosswalk that puts a call for service to the traffic y, signal controller when pushed. There are two types of pedestrian push buttons ' PUSH' BUTTON
PPB) throughout the City: (1) Accessible Pedestrian Systems (APS) and (2) FOR traditional PPB's. APS assemblies provide audible and vibrating cues to pedestrians of when it is safe to cross. Traditional PPB's typically have a 2-inch push button and meet ADA compliance. There are a few traditional PPBs throughout the City that have a half-inch push button which are no longer ADA- compliant and are obsolete.Table 4-7 provides deficient PPB's and locations that do not have APS and/or 2-inch ADA-complaint PPB's.

In addition to PPB at signalized intersections, the City of Solana beach also owns and operates three mid-block pedestrian crossing systems.Two of the midblock crossings installed along Highway 101 north and south of Lomas Santa Fe Drive) as part of the Coast J
Highway 101 Improvement Project are rectangular rapid flashing beacons (RRFBs).These RRFBs increase visibility and improve driver r
it
yield rates at crosswalks with high-intensity LED light bars. These RRFBs were found to be in good working condition. The third pedestrian mid-block crossing located along Stevens Avenue just south of Genevieve Street is a solar flashing pedestrian beacon s system. This type of pedestrian crossing encompasses solar G' ' `- illuminating pedestrian signs when a push button is activated. The solar flashing pedestrian beacon was found to be in good working condition.

Table 4-7: Pedestrian Detection
ID Location Deficiency
3 Lomas Santa Fe Drive &
Non-ADA compliant pedestrian push button
Solana Hills Drive
Lomas Santa Fe Drive &
5 Nardo Avenue
Non-ADA compliant pedestrian push button
6 Lomas Santa Fe Drive &
Non-ADA compliant pedestrian push button
Rios Avenue
7 Lomas Santa Fe Drive &
Non-ADA compliant pedestrian push button
Cedros Avenue

4.5.4 Emergency Vehicle
Emergency vehicle detection consists of an emitter on the vehicle, either an ambulance or firetruck, that sends a signal to a receiver mounted on the traffic signal pole, that it is on approach and requests service. The receiver puts a call into the traffic signal controller which preempts the traffic signal to I prioritize service for the approaching emergency vehicle.

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Table 4-8: Emergency Vehicle Detection
ID Location Deficiency
Lomas Santa Fe Drive & Las
1 EVPE on NW Pole is pointing in wrong directionBanderasDrive Lomas Santa Fe Drive &
2 EVPE facing wrong direction on NE Pole
Shopping Plaza Driveway
3 Lomas Santa Fe Drive & EVPE on NW Pole is facing the wrong direction Solana Hills Drive EVPE on SW Pole has snapped off
EVPE detection not working at intersection for all approaches. Fails 6 Lomas Santa Fe Drive &
to detect infrared signal from emergency vehicles.

Rios Avenue
Broken EVPE detector on South Pole

4.6 Controller Cabinet
Traffic signal cabinet houses the traffic signal controller and provides the input and output terminal assemblies and power supply for the traffic signal heads and various equipment.The traffic signal cabinet is fabricated with anodized aluminum and mounted on a concrete foundation. Traffic signal cabinets within the City are the legacy 332 standard cabinet and contains a 19" rack for mounting assemblies and plug. Standard cabinet equipment in Solana Beach includes:

Controllers—processor that operates the traffic signal.raw

CONTROLLER
Conflict Monitor—monitors the cabinet and traffic signals for r-
fault conditions.

Detection Cards — input file plug-ins that processes signals I •, from field detection systems. i ';
Battery Backup System (BBS) — uninterrupted power to the BBS CABINET-, DETECTION _ !

INVERTER&
traffic signal system. CARDS I

BATTERIES
Controller cabinets were found to be in fair to good condition and CONFLICT I organized with the exception of Lomas Santa Fe Drive & Solana Hills o ITOR ,
Drive, Lomas Santa Fe Drive & Stevens Avenue, and Lomas Santa Fe +•+ ' E i
Drive & Nardo Avenue where the cabinets were found to be I
significantly unorganized and congested. Table 4-9 lists deficient ' controller cabinet locations.

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Table 4-9: Controller Cabinet
ID Location Deficiency
1 Lomas Santa Fe Drive& Las Phase 5 detector card unplugged in cabinet due to defective loop Banderas Drive detectors.

Lomas Santa Fe Drive&Solana
3 Hills Drive
Congested cabinet(unorganized).
4 Lomas Santa Fe Drive&
Congested cabinet.

Stevens Avenue
Lomas Santa Fe Drive&Rios
6 Avenue
Congested cabinet(unorganized).
12 Stevens Avenue&Valley
SIC is not connected in cabinet
Avenue

4.6.1 Controllers
Controllers are the processing unit that operate the traffic i signal.At the time field reviews were conducted,only McCain 170E controllers were in place in cabinets.Though outdated, all controllers were noted to be in good condition during field I1, I -
reviews. Traffic signals along Lomas Santa Fe Drive were mop
running mostly 233 RV signal control software and traffic McCain signals along Stevens Avenue and Highway 101 were running mostly 200SA signal control software.

4.6.2 Conflict Monitor Unit
Conflict monitor units monitors the cabinet and traffic signals for fault conditions.Signalized intersections along Lomas Santa Fe Drive,Stevens Avenue,and Highway 101 have EDI model 210 and 2010 CMUs. CMUs were noted to be in good condition during field reviews.

4.6.3 Power Distribution Assembly
Power distribution assemblies (PDA) provide the power supply for the controller, plug-ins, and cabinet equipment. PDA type 1 and type 2 are the two PDA's present throughout the City. PDA type 1 are outdated and take up additional rack space that becomes important when installing ITS and communications system elements. Lomas Santa Fe Drive/Rios Avenue is the only signalized intersections with Traconex PDA type 1 at controller cabinets. All other signalized intersections along Lomas Santa Fe Drive, Stevens Avenue, and Highway 101 have a combination of McCain type 2 and type 2L PDA systems.

4.6.4 Battery Backup Systems
Battery backup systems (BBS) provide uninterrupted power to the traffic signal system. BBS systems consist of an inverter and batteries. Table 4-10 provides an inventory of existing BBS invertors and installation location.Two externally side mounted BBS cabinets were inaccessible at the time field reviews were conducted and are therefore noted as 'Unknown' BBS invertor in the table above. Externally side mounted cabinets for BBS systems provide additional space for traffic signal equipment inside controller cabinets.

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Table 4-10: Battery Back-Up Systems

ID LOCATION BBS INVERTOR
BBS SYSTEM Deficiency

INSTALLATION
Lomas Santa Fe Drive& Las Alpha FXM Externally Side Mounted 1 None
Banderas Drive 1100 Cabinet
Lomas Santa Fe Drive&Plaza Alpha FXM Externally Side Mounted 2 None
Entrance 1100 Cabinet
Lomas Santa Fe Drive& Batteries in cabinet
Dimensions In Traffic Signal Cabinet3
Solana Hills Drive are bulging
4 Lomas Santa Fe Drive&
Dimensions In Traffic Signal Cabinet None
Stevens Avenue
5 Lomas Santa Fe Drive& Alpha FXM Externally Side Mounted BBS Invertor turned Nardo Avenue 1100 Cabinet off
6 Lomas Santa Fe Drive& Rios Batteries in cabinet
Dimensions In Traffic Signal Cabinet
Avenue are bulging
Lomas Santa Fe Drive&
Dimensions
Externally Side Mounted
None
Cedros Avenue Cabinet
Lomas Santa Fe Drive& Externally Side Mounted
8 None
Highway 101
Dimensions
Cabinet
9 Stevens Avenue&San
None N/A None
Rodolfo Drive
10 Stevens Avenue&Academy No batteries
Clary In Traffic Signal Cabinet
Drive present
11 Stevens Avenue&Nardo Alpha FXM Externally Side Mounted BBS Invertor turned Avenue 1100 Cabinet off
12 Stevens Avenue&Valley None N/A None
Avenue
Highway 101&Solana Vista Alpha FXM Externally Side Mounted 13 None
Drive 1100 Cabinet
14 Highway 101 Cliff Street Unknown
Externally Side Mounted
None
Cabinet
15 Highway 101& Estrella Street Unknown Externally Side Mounted None
Cabinet
Alpha FXM
16 Highway 101& Dahlia Drive
1100
In Traffic Signal Cabinet None

4.7 Service Pedestals
Service pedestals consist of a metered underground service distribution and control pedestal 1 , that utilize utility power to provide power to the traffic signal. Service pedestal cabinet at Lomas Santa Fe Drive / Nardo Avenue was noted to have a rusted and deteriorating foundation.The remaining City service pedestals were noted to be in good and fair condition t during field reviews.

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4.8 Communications
Communication systems provides the medium for information exchange between traffic system field devices and the traffic management center(TMC). The City's current communication system is comprised of twisted pair copper signal interconnect(SIC).SIC is present at all signalized intersections along Highway 101 and Lomas Santa Fe Drive. SIC is also present along Stevens Avenue but is not connected to the signal cabinets at the intersections of Stevens Avenue/Valley Avenue and Stevens Avenue/Nardo Avenue. By today's standards, SIC interconnect technology is outdated and is no longer able to service the demand of modern traffic management systems.

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5 RECOMMENDATIONS
This section discusses recommendations related to current industry standards and ITS technology. The recommendations identified in this section will enable the functionality necessary to efficiently and effectively operate, manage, and maintain the traffic signal system.

5.1 Traffic Signal System Infrastructure
Broken,faulty, and/or obsolete equipment has a detrimental impact on traffic operations. The following subsections discus replacement recommendations for deficient infrastructure and additional considerations.

5.1.1 Conduit & Pull Boxes
Existing investments in underground systems and infrastructure will continue to be utilized. Conduit runs located at Lomas Santa Fe Drive from Solana Hills Drive to 250' west of Solan Hills Dr and Lomas Santa Fe Dr between Highway 101 and Cedros Avenue were noted to have SIC cable which was tight and not moving freely.This could indicate potential damages to the underground conduit. It is recommended that these locations be investigated using a conduit rodder and compressed air to determine if the condition of the conduit is in need of repair. Broken pull box lids should be replaced with new traffic signal pull box lids and can be completed during routine maintenance operations. New pull box shall be concrete with rebar. All traffic signal related pull boxes should have "Traffic Signal" pull box lids. Smaller pull boxes (#3 and #5) were previously constructed in the City; however, these have limited capacity for new conduit installations.#6 pull boxes are the recommended standard size pull box for new construction in the City.

5.1.2 Traffic Signal Cable
Traffic signal cable at traffic signals should be inspected annually for any potential damages to the cable jackets.Wire exposure may cause a short at the intersection causing the traffic signal to go on flash mode when touched or moved. Traffic signal cable within the controller cabinet should be kept neat and organized to protect the integrity of the cables and allowing for easy navigation within the cabinet.Traffic control cabinets that were found to be significantly unorganized and congested at Lomas Santa Fe Drive Solana Hills Drive, Lomas Santa Fe Drive &Stevens Avenue, and Lomas Santa Fe Drive & Nardo Avenue should be re-organized. This is assumed to be a part of routine maintenance to be performed by City maintenance contractor.

5.1.3 Traffic Signal Poles
Traffic signal poles that show signs of rust or corrosion should be inspected for signs of failure and replaced as needed. New poles shall be per Caltrans Standard Plans and Specifications, which is the standard practice for municipalities throughout California.The Caltrans specification calls for galvanized steel which has a high resistance to corrosion.Anchor bolts and base plates should be kept clear of debris to minimize moisture and rusting. Traffic signal poles should be inspected regularly (on an annual basis) for signs of stress or failure and replaced if necessary.

5.1.4 Traffic Signal Attachments
In order to provide motorists and non-motorists with better visibility of signal indications incandescent and non-countdown pedestrian signal heads should be replaced with upgraded pedestrian modules to improve mobility and safety for pedestrians and bicyclists.

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Regulatory and street name signs on poles and mast arms that are faded, damaged, or do not meet reflective standards need to be replaced per Caltrans and CAMUTCD standards. The Caltrans sign specification calls for microprismatic sheeting and high-performance luminance.The CAMUTCD provides reflectivity standards, and the Federal Highway Administration (FHWA) recommends conducting retroreflective tests at the end of the signs warranty period and yearly thereafter. Sign replacement should occur before the reflectivity falls below the standard.

Traffic signal attachments including vehicle and pedestrian head housing and indications, safety lighting, and signs should be inspected annually for overall condition and deficiencies.

5.1.5 Detection
Inductive loops should continue to be utilized for vehicle and bicycle detection and is the recommended detection technology. Inductive loops are the most accurate and reliable detection systems, have longer life spans, and require less maintenance than video detection systems. Where bike lanes are present, separate inductive loops in the lanes are recommended to be placed specifically for bicycles. Both stop bar and advanced detection are recommended to be placed on separate input channels per lane. Existing inductive loop detectors may remain in place and are recommended to be placed on separate input channels by splicing new DLC and installing new detector cards as necessary. It is recommended that the limit line loop detection for Lomas Santa Fe/ Las Banderas eastbound approach be repaired as soon as possible. Furthermore, it is recommended that a loop detection inventory be performed to determine functionality and health of all loop detectors as this was not completed as part of this report.

Non-ADA-compliant and 2-inch traditional PPBs are recommended to be replaced with APS PPBs. APS systems are ADA-compliant and benefit every pedestrian including those with sight impairments.

Openings on traffic signal poles where pedestrian push buttons have been removed or relocated need to be fully covered. Misaligned or loose PPBs need to be adjusted and properly secured. Additionally, it is recommended that the batteries for the RRFBs and solar flashing pedestrian beacon be regularly monitored by maintenance staff and should be replaced every four to six years.

It is recommended that the existing EVPE detection units that were found to be facing the wrong direction should be adjusted into the correct position and EVPE detector units that are damaged should be replaced as a short-term solution. However,the existing EVPE system technology is obsolete and complete system replacements are recommended as a long-term solution. New IR and Global Positioning System (GPS)dual mode EVPE systems are recommended to be installed at every traffic signal.The dual mode EVPE system for each traffic signal consists of new IR receivers for each approach, a single GPS antenna mounted on a traffic signal pole, a GPS on-board unit for emergency vehicles, and new Opticom 764 Multimode Phase Selector Cards at traffic signal cabinets.The proposed EVPE cards are capable of Ethernet communications and are compatible with IR and GPS technology systems.The IR mode works with line of sight and the GPS mode works with no line of sight. It is recommended that the intersection of Lomas Santa Fe Dr / Rios Avenue be upgraded to the new IR and GPS dual mode EVPE system soon as the existing EVPE system currently is defective at the intersection at each approach.

5.1.6 Controller Cabinet & Equipment
The existing legacy 332 cabinets were found to be in fair condition. However, by today's standards, the legacy 332 cabinets are outdated and have limited capacity to support new industry standards. It is TRAFFIC SIGNAL ASSESSMENT 27
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recommended to replace the existing 332 cabinets with 352i Advanced Traffic Control (ATC) cabinets to meet new industry standards and provide added functionality for current and future operations. New 352i ATC cabinets are recommended to be installed on existing controller cabinet foundations to retain existing conduit infrastructure. New 352i ATC cabinets include the following components: 19" rack for mounting assemblies and plug-ins,front and rear internal LED light,front and rear door switches, rack mount power strip, and pull-out document drawer.

Existing Type 1 PDAs are outdated and take up additional rack space within the controller cabinet. It is recommended to upgrade the existing Type 1 PDA at the intersection of Lomas Santa Fe Drive / Rios Avenue to a Type 2 PDA system.

Existing EDI 210 and Signal Control 210 CMUs are at the end of life and are no longer supported by the manufacturer. Existing CMUs are recommended to be replaced with new CMUs that provide better access and logging capabilities and support Ethernet communications. In the near future, 2010 ECLIP conflict monitor units are recommended to be installed at all locations which don't have ethernet capable conflict monitor units. It should be noted that ATC cabinets come integrated with the recommended CMUs and a CMU auxiliary display unit. There would be no additional CMU upgrade cost with controller cabinet upgrades.

It is recommended to install or upgrade existing BBS invertors to the new Alpha FXM 1100.The new BBS invertors support Ethernet communications and will provide the City with a uniform BBS application for remote management and monitoring purposes. New Alpha FXM 1100 BBS inverters are recommended to be installed at:

Lomas Santa Fe Drive &Solana Hills Drive
Lomas Santa Fe Drive &Stevens Avenue
Lomas Santa Fe Drive & Rios Avenue
Lomas Santa Fe Drive & Cedros Avenue
Lomas Santa Fe Drive & Highway 101
Stevens Avenue & San Rodolfo Drive
Stevens Avenue & Academy Drive
Stevens Avenue &Valley Avenue
Externally side mounted cabinets are recommended to be installed at:

Lomas Santa Fe Drive &Solana Hills Drive
Lomas Santa Fe Drive &Stevens Avenue
Lomas Santa Fe Drive & Rios Avenue
Stevens Avenue & San Rodolfo Drive
Stevens Avenue &Academy Drive
Stevens Avenue &Valley Avenue
Highway 101 & Dahlia Drive
BBS systems are recommended to be supplied with Alphaguard Charge Management Technology (CMT).

Alphaguard CMT monitors the charge voltage equally across all batteries, ensuring every battery is TRAFFIC SIGNAL ASSESSMENT 28
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properly charged.This optimizes the life and runtime of each batter and allows the opportunity to replace batteries as they fail rather than replacing all batteries on a scheduled maintenance.

5.1.7 Service Pedestals
Service pedestal with rusted and deteriorating foundation at Lomas Santa Fe Drive / Nardo Avenue is recommended to be replaced.Service pedestals should be inspected on an annual basis for signs of failure and replaced if necessary.

5. 2 Intelligent Transportation Systems
Intelligent Transportation Systems (ITS) involves the use of technology in the form of electronics, computers, and communication equipment to improve transportation safety and mobility, and reduce impacts on the environment.The City's current vision is to leverage the use of technology to monitor and measure the performance and health of the traffic signal system.

This section identifies ITS technology and applications that would work with the City's existing systems and the recommended systems identified in Section 5.1.These ITS solutions are consistent with the City's initiatives and objectives to improve overall safety, mobility, and sustainability of the traffic signal system for all modes of travel.

5. 2.1 Communications
In order to service the demand of modern traffic management systems, it is recommended that the City of Solana Beach install 144-strand single mode fiber optic cable (SMFOC) along its three major corridors where SIC currently exists. Splice closures should be installed in vaults to facilitate the 12-strand SMFOC breakout cable for the City's traffic signals, City Hall building. 12-strand SMFOC breakout cables will be tagged as "City of Solana Beach". 12-strand SMFOC breakout cables with 10-foot coil fiber cable slack will be pulled in at every traffic signal controller cabinet. 12-strand SMFOC breakout cables with sufficient coil fiber slack will be terminated at vaults near the City Hall. The City will be responsible for installing the necessary equipment at City Hall and in each traffic signal cabinet to utilize the new fiber for communications.
1U Fiber Distribution Units (FDU) will need to be installed in each traffic signal cabinet to terminate the 12-strand SMFOC breakout cable. Field hardened layer 2 Ethernet switches should be installed to provide local connectivity to devices in the cabinet. The following Ethernet devices should be connected to the Layer 2 switches:

ATC Controllers
Conflict Monitor Units (CMU)
EVPE Multimode Phase Selector Cards
Battery Back-up Systems (BBS)
Field devices including closed-circuit television (CCTV) cameras and traffic measurement devices. 12-strand SMFOC will need to be routed into the City Hall server room and terminated where suitable. A traffic layer three router is recommended to be installed in the City server room which can serve the traffic signal communication system. Figure 5-1 on the next page depicts the proposed fiber interconnect system and field devices with connections to existing traffic signals, pedestrian crossing systems and City Hall.

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Additionally, the City of Solana Beach does not currently have a central management system for viewing or operating traffic signals. McCain traffic signal controllers are standard on Highway 101, Lomas Santa Fe Drive, and Stevens Avenue and the McCain Transparity advanced traffic management system (ATMS) is recommended to be deployed at City Hall for interoperability.The Transparity ATMS would allow City staff to:

Monitor System-Wide Traffic & Devices
o Remotely monitor system-wide device status in real-time o Log detailed intersection operations
o Receive instant notifications of device or traffic performance issues Measure performance for individual intersections and coordinated systems o Generate reports in current or historic trends, and performance measures o Analyze vehicular, pedestrian, bicycle, and emergency vehicle preemption o Integrate with FHWA event reports using high-resolution controller data Command controller operations
o Remotely verify and validate timing parameters
o Modify phase sequence and pattern in response to specific traffic conditions o Reduce congestion and increase efficiency
o Implement advanced signal control strategies such as adaptive and transit signal priority Manage Assets, Tasks& Users
o Schedule controller operations, device log retrieval, and event notification o Consolidate system-wide information in central database o Enforce system security through unique user permissions TRAFFIC SIGNAL ASSESSMENT 30
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Figure 5-1: Proposed Traffic Signal System
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l Ill City Hall Proposed Fiber
City Signal
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III RRFB Pedestrian Crossing
Local Road
In Solar Pedestrian Flashing Beacor I„1 City Boundary
El New CCTV Camera New Traffic Measurment Device
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6 IMPLEMENTATION
The implementation of a modernized traffic signal system that meets the City's existing and future transportation needs requires a phased approach. Implementation of recommendations is divided into three phases and is meant to serve as a guide for identifying project and budgeting prioritization:

Phase 1 Immediate traffic signal infrastructure improvements Near term traffic signal infrastructure improvements.

Communication equipment, fiber termination, and connection to equipment at traffic signal cabinets.

Phase 2
Installation of dual IR/GPS EVPE system.

Installation of new Polara APS system.

Fiber termination at City Hall.

Ultimate traffic signal infrastructure improvements.

New ATC cabinet installation for ITS capable applications.

Phase 3 New BBS systems with externally side mounted cabinets (where applicable).

Bicycle detection upgrades to allow for separate input channels per lane.

Installation of CCTV cameras and traffic measurement devices.

The following sections discuss each phase in further detail and contain budgetary cost estimates for traffic signal infrastructure and ITS system construction line items of work. It should be noted that new and upgraded traffic signal equipment including controller cabinets,controllers and software,APS push button systems and equipment, vehicle detection cards and loops, and dedicated bicycle detection equipment may be installed in the near future with the Lomas Santa Fe Corridor Improvement Project. However, since the final design plans for this project have not yet been detailed at the time of this report,the exact improvements and locations could not be determined. Thus, the cost estimates below may incorporate similar improvements that the Lomas Santa Fe Corridor Improvement Project may carry out.

6.1 Phase 1 Immediate Improvements
Obsolete and/or damaged legacy equipment should be upgraded or decommissioned and replaced with new modern technology.The following list summarizes budgetary cost inclusions and exclusions:

Damaged pull box lids are recommended to be replaced as soon as possible. Buried traffic signal poles are recommended to be dug out to expose anchor bolts and base plate. This is assumed to be a part of routine maintenance to be performed by City maintenance contractor.

Traffic control cabinets that were found to be significantly unorganized and congested should be re-organized (i.e., cable management).This is assumed to be a part of routine maintenance to be performed by City maintenance contractor and is not included in the cost estimates.

Damaged/faded regulatory signs and street name signs need to be replaced to current standards.

Santa Fe Drive / Rios Avenue has an existing PDA Type 1 which takes up necessary cabinet space for communication equipment. It is recommended to upgrade this system to a PDA Type 2.

Existing EVPE detection units that were found to be facing the wrong direction should be adjusted into the correct position and the EVPE detector unit that are damaged at Lomas Santa Fe Drive and Solana Hills Drive should be replaced.

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Upgrade existing EVPE system at Lomas Santa Fe Dr and Rios Avenue the new IR and GPS dual mode EVPE system.

Damaged service pedestals are recommended to be replaced with new Type III pedestals.

LED countdown pedestrian module upgrades to improve safety for pedestrians at intersection crosswalks.

Investigate conduit run locations where cables were pulled tight within pull boxes. Investigation should be done using a conduit rodder and compressor to pinpoint locations underground where conduit is in need of repair.

Table 6-1: Phase 1 Budgetary Costs
ITEM
ITEM DESCRIPTION QTY UNIT UNIT PRICE AMOUNT.
1 Furnish & Install#3 Pull Box Lid 2 EA 200 400
2 Furnish & Install#5 Pull Box Lid 4 EA 250 1,000
3 Furnish & Install#6 Pull Box Lid 3 EA 300 900
4 Clear Debris Around Traffic Signal Pole
2 EA 500 1,000
Anchor Bolts.
5 Furnish & Install New Regulatory Sign 8 EA 500 4,000
6 Furnish & Install New Street Name Sign 12 EA 800 9,600 Furnish & Install PDA Type 2 in Existing
1 EA 1,000 1,000
Controller Cabinet
8 Furnish & Install EVPE Detector Unit 1 EA 1,000 1,000 9 Adjust existing EVPE Detector Unit 3 EA 350 1,050
10 Furnish & Install Dual IR/GPS EVPE System 1 EA 12,000 12,000 11 Furnish & Install New Type III Service
1 EA 4,000 4,000
Pedestal on Existing Foundation
12 Furnish & Install New LED Countdown
28 EA 800 22,400
Pedestrian Module
13 Repair Limit Line Loop Detection for Lomas
1 LS 4,000 4,000
Santa Fe/Las Banderas Eastbound Approach
Repair Advanced Loop Detection for Stevens
14 Avenue &Valley Avenue Northbound 1 LS 4,000 4,000
Approach.
15 Conduit Investigation Using Conduit Rodder
2 EA 2,000 4,000
and Compressor per Location.

Sub Total: 70,350
Construction Contingency(15%): 10,553
Grand Total 80,903
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6.2 Phase 2 Near Term Improvements
Near term improvements include traffic signal infrastructure upgrades, communication equipment and fiber termination at controller cabinets. These improvements will improve safety for all modes of travel at signalized intersections and will provide the City with a state-of-the-art communication system. The following list summarizes budgetary costs inclusions:

Existing McCain 170E controllers are outdated and should be replaced with ATC 2070 controllers. 2010 ECLIP conflict monitor units are recommended to be installed at all locations which don't have ethernet capable conflict monitor units.

Install PVC conduit along with intermittent #5 pull boxes to route fiber along Stevens Avenue between Academy Drive and Nardo Avenue.

Existing IR EVPE systems are obsolete and are recommended to be upgraded to the dual IR/GPS EVPE system.

New fiber optic cable and #6 pull boxes with extension for splice closures for traffic signals along Lomas Santa Fe Drive, Stevens Avenue, and Highway 101.Fiber should be routed to City Hall and terminated where applicable.

Install FDUs and field hardened Ethernet switches at all locations for fiber termination and IP device connectivity.

Install Iteris "Edge Connect"video decoder at locations where existing video detection is present to allow for video viewing at City Hall and remotely.

Install Polara APS system at remaining intersections to improve safety for pedestrians at intersection crosswalks.

A traffic layer three router is recommended to be installed in the City Hall server room which can serve the traffic signal communication system.

Transparity advanced traffic management system (ATMS) is recommended to be deployed at City Hall for interoperability.

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Table 6-2: Phase 2 Budgetary Costs

ITEM UNIT

ITEM DESCRIPTION QTY MNITAOUN
PRICE
1 Furnish and Install 2070 ATC Controller 16 EA $4,500 $72,000 Furnish and Install 2010 ECLIP Conflict Monitor
2 16 EA $1,500 $24,000
Units
3 Furnish and Install 3" PVC Conduit 2,200 LF 50 $110,000 4 Furnish and Install#6 Pull Box with Extension 16 EA $2,000 $32,000 5 Furnish and Install#5 Pull Box 4 EA $1,800 $7,200 6 Furnish & Install Dual IR/GPS EVPE System 15 EA $12,000 $180,000 6 Furnish & Install 72-strand SMFOC 21,500 LF 3 $64,500 7 Furnish & Install 12-strand SMFOC 3,000 LF 2 $6,000 8 Furnish & Install Splice Closure 16 EA $2,000 $32,000 9 Furnish & Install 1U FDU, Splice Cassette, &
16 EA
Cabinet Termination
2,000 $32,000
10 Furnish & Install Field Hardened Ethernet
16 EA $3,000 $48,000
Switch
11 Furnish & Install New Polara APS System 10 LS $10,000 $120,000 13 Route and Terminate Fiber in City Hall 1 EA $10,000 $10,000 14 Furnish & Install Layer 3 Router in City Hall 1 EA $8,000 $8,000 15 Fiber Testing &Acceptance 1 LS $15,000 $15,000 16 Furnish and Install Iteris "Edge Connect" Video
6 EA $4,000 $24,000
Decoder.
17 McCain Transparity ATMS with License for 16
1 LS $16,800 $16,800
Traffic Signals
Sub Total: $801, 500
Construction Contingency(15%): $120,225
Grand Total $921,725

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6.3 Phase 3 Ultimate Improvements
Ultimate improvements include remaining ATC cabinet upgrades and ITS elements that monitor the performance of the traffic signal system.These improvements will provide the City with a state-of-the-art ITS platform. In addition, these upgrades will provide the foundation for future Smart City applications.

The following list summarizes budgetary costs inclusions:

Upgrading remaining traffic signal cabinets to ATC cabinets are beneficial to the City for ITS applications and strategies.

New BBS systems with side mounted cabinets are recommended for locations with no BBS systems. BBS systems that are outdated should be upgraded to the new Alpha FXM 1100 system.

Upgrade existing detection to allow for separate input channels per lane and installing bicycle loop detection.

Installation CCTV cameras at the remaining traffic signals will provide the City with real-time monitoring at every City owned traffic signal.

Installation of traffic measurement devices along Lomas Santa Fe Drive, Stevens Avenue, and Highway 101 traffic signals will provide City staff with real-time travel times, speeds, and average stops along the corridor.

Table 6-3: Phase 3 Budgetary Costs
ITEM

ITEM DESCRIPTION QTY UNIT UNIT PRICE AMOUNT
1 Furnish & Install 352i ATC Cabinet 16 EA 35,000 $560,000 2 Furnish & Install PTZ CCTV Camera 10 EA 8,500 85,000
3 Furnish & Install Traffic Measurement Device 16 EA 7,000 $112,000 4 Intersection Detection Upgrades 16 LS 20,000 $320,000 5 Furnish & Install BBS System w/ External Side Mounted 6 LS 8,000 48,000
Cabinet
6 Furnish & Install BBS System in Existing External Side 2 LS 4,500 8,000
Mounted Cabinet
Sub Total: $1,133,000
Construction Contingency(15%): $169,950
Grand Total $1,302, 950
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PRIOR ACTION

TRAFFIC SIGNAL AND SAFETY LIGHTING MAINTENANCE SERVICES CONTRACT On August 25, 2009, adopted City Council Resolution No. 2009-151, approving an agreement with Republic ITS for Traffic Signal/Safety Lighting Maintenance Services (Vote: 5-0).

On April 14, 2009, adopted City Council Resolution No. 2009-71, approving an amendment to the agreement with Republic ITS for Traffic Signal/Safety Lighting Maintenance Services (Vote: 5-0).

On May 23, 2006, adopted City Council Resolution No. 2006-113, approving the agreement with Republic ITS for the 2006-2009 Traffic Signal Maintenance Services Program for the Public Works Department (Vote: 4-0, Vance absent).

On April 11, 2006, adopted City Council Resolution No. 2006-80, approving the Fourth Amendment to the Traffic Signal/Safety Lighting Maintenance Services Agreement (Vote: 5-0).

On June 14, 2005, adopted City Council Resolution No. 2005-141, approving the Third Amendment to the Traffic Signal/Safety Lighting Maintenance Services Agreement (Vote: 5-0).

On April 26, 2005, adopted City Council Resolution No. 2005-87, approving the Second Amendment to the Traffic Signal/Safety Lighting Maintenance Services Agreement (Vote 5-0).

On April 26, 2005, adopted City Council Resolution No. 2005-86, approving the First Amendment to the Traffic Signal/Safety Lighting Maintenance Services Agreement (Vote: 5-0).

On October 26, 2004, adopted City Council Resolution No. 2004-215, approving the Assignment of the Agreement for Traffic Signal/Safety Lighting Maintenance Services to Republic Electric (Vote: 4-0, Vance absent).

On April 27, 2004, adopted City Council Resolution No. 2004-81, approving an agreement for the 2004-2007 Traffic Signal/Safety Lighting Maintenance Services contract (Vote: 5-0).
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EXHIBIT 3

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