HomeMy WebLinkAbout2025-07-15; City Council; 07; Adoption of Plans, Specifications and Contract Documents and Authorization to Advertise for Bids for Phase 2 of the Barrio Street Lighting ProjectCA Review TL
Meeting Date: July 15, 2025
To: Mayor and City Council
From: Geoff Patnoe, City Manager
Staff Contact: Brandon Miles, Associate Engineer
brandon.miles@carlsbadca.gov, 442-339-2745
Subject: Adoption of Plans, Specifications and Contract Documents and
Authorization to Advertise for Bids for Phase 2 of the Barrio Street
Lighting Project
District: 1
Recommended Action
Adopt a resolution adopting the plans, specifications and contract documents and authorizing
the City Clerk to advertise for bids for Phase 2 of the Barrio Street Lighting Project.
Executive Summary
The Barrio is the City of Carlsbad’s oldest neighborhood and home to the Senior Center,
Harding and Pine community centers, Chase Field, Pine Avenue Community Park, a community
garden, and ballfields used by residents from throughout the city.
The Barrio Street Lighting Project, Capital Improvement Program Project No. 4013, provides
enhanced safety and livability in this neighborhood consistent with the values emphasized in
the Village & Barrio Master Plan, which the City Council adopted on July 24, 2018, and amended
in 2019, 2021 and 2023. Phase 1 of the project, which was focused on streetlights instead of
pedestrian lights, has been completed.
Phase 2 of the project focuses on adding new pedestrian lights to enhance pedestrian visibility
and safety while creating a welcoming streetscape during evening hours.
The City Council’s adoption of these plans, specifications and contract documents is required
under Carlsbad Municipal Code Section 3.28.080(E) – Construction Projects, because the
project will cost more than $220,000 and is estimated to have a total construction cost of
$3,585,370.
Staff recommend that the City Council adopt the plans, specifications and contract documents
for the project, and authorize the City Clerk to advertise for construction bids.
July 15, 2025 Item #7 Page 1 of 11
Docusign Envelope ID: BE740251-6484-477D-B5D0-6E9187B580C5
Explanation & Analysis
Streetlights – Phase 1
Thirteen new streetlights were added to the Barrio in 2021-22 as part of Phase 1 of the Barrio
Street Lighting project. Locations were selected based on prior community input acquired
during development of the Village and Barrio Master Plan, technical analysis, city engineering
standards and lighting guidelines for areas with little to no existing streetlights.
Streetlights were mounted on higher, 24-foot new poles or existing utility poles to ensure street
crossings and intersections are well lit for drivers, bicyclists and pedestrians.
New pedestrian lights – Phase 2
Over 100 new pedestrian-scale lights are proposed throughout the Barrio to enhance sidewalk
illumination and improve safety for people walking after dark.
• The new lights are considered “pedestrian lights,” rather than streetlights.
• They are smaller than the existing streetlights, on shorter 17-foot poles and not as
bright.
• The lights are light-emitting diodes (LEDs) and will have a warmer color than the lights in
the Village and the Barrio’s existing streetlights while producing the same amount of
brightness.
• Based on community feedback, the city will use the same style of lights that are
currently used in the Village.
July 15, 2025 Item #7 Page 2 of 11
Docusign Envelope ID: BE740251-6484-477D-B5D0-6E9187B580C5
Community feedback
The project was developed as part of the Village & Barrio Master Plan, which included
significant input from the community. Since that time, staff have kept the community informed
about the project and invited feedback, as outlined below:
• On Sept. 17, 2019, staff provided an informational presentation to the City Council
describing the project status and an anticipated timeline for the project.
• In 2022, the city gathered additional community input to help understand where more
lighting was needed.
• Most recently, as part of the Phase 2 design, staff notified affected property owners,
business owners, residents and others who may be interested in the project of the
proposed locations through a direct mailer. The mailer, which was in English and
Spanish, was also left at the front door of properties where construction of the lighting
poles would require permission for right of entry. Staff also placed copies at all city
facilities in the Barrio. Community members were invited to contact the city’s project
manager with questions or concerns. Staff also notified those who signed up to receive
emails about project updates and posted on Nextdoor.
Ultimately, pedestrian light locations were chosen based on community input and technical
lighting studies evaluating darkness levels, while ensuring the preservation of the area's large
trees.
On Feb. 3, 2025, the Traffic Safety & Mobility Commission voted to support staff’s
recommendation to adopt the plans, specifications and contract documents for Phase 2 of the
project. Exhibit 4 is the minutes from this meeting.
Federal grant
The city collaborated with U.S. Rep. Mike Levin in 2021 to secure up to $5 million in federal
funding, of which $4 million has been set aside for construction of the Barrio Traffic Circles
project and $1 million for construction of the Barrio Street Lighting project. This funding will
help offset the cost of construction.
On June 20, 2025, the California Department of Transportation authorized the city to proceed
with advertising the project for construction bids.
July 15, 2025 Item #7 Page 3 of 11
Docusign Envelope ID: BE740251-6484-477D-B5D0-6E9187B580C5
Fiscal Analysis
The project’s budget includes $1 million of federal grant funding. Additional sufficient funding
has been previously appropriated to this project from gas tax, TransNet1 local and general
capital construction funds.
The available funds and estimated costs for the projects are shown in the following table:
Environmental Evaluation
In accordance with the California Environmental Quality Act, or CEQA, and the Environmental
Protection Act, the project was previously evaluated in the Final Initial Study/Mitigated
Negative Declaration State Clearinghouse (Final IS/MND SCH No. 2016021056), dated April
2018, as part of the City of Carlsbad Village & Barrio Master Plan. The Final IS/MND evaluated
the potential environmental effects of the project components described in the Carlsbad Village
& Barrio Master Plan. The project is within the scope of the Final IS/MND, and no further CEQA
documentation is required under CEQA guidelines Section 15162. All applicable mitigation
measures contained in the prior environmental document have either been satisfied previously,
or will be incorporated into the project, or are conditions of approval for the project.
The project is exempt from the National Environmental Policy Act, or NEPA, review as outlined
in NEPA Regulation 23, which applies to federally funded projects receiving less than $5 million
or with a total estimated cost of not more than $30 million. Caltrans’ determination of
exclusion is recorded in a categorical exclusion determination form dated May 5, 2023.
Additionally, the categorical exclusion determination was revalidated on May 21, 2025, to verify
the environmental documents and decisions remained valid.
1TransNet is a countywide sales tax collected to fund regional transportation projects.
Barrio Street Lighting Project
Capital Improvement Program Project No. 4013
Total appropriation to date $4,470,000
Total expenditures and encumbrances to date -$573,003
Total available balance $3,896,997
Barrio Street Lighting Project, Phase 2
Construction contract (engineer’s estimate) -$2,570,370
Construction contingency (estimated) -$515,000
Construction management, inspection, material testing and support
services (estimated) -$500,000
Total estimated construction costs -$3,585,370
Remaining balance $311,627
Additional appropriation needed $0
July 15, 2025 Item #7 Page 4 of 11
Docusign Envelope ID: BE740251-6484-477D-B5D0-6E9187B580C5
Next Steps
Upon the City Council’s adoption, the City Clerk will advertise a notice to contractors inviting
bids to construct the project. Staff will evaluate the bids received and identify the lowest
responsive and responsible bidder.
Staff will then return to the City Council with a recommendation to award a construction
contract to the identified bidder, which is expected to be in fall 2025. The construction contract
for the project provides 12 months to complete the project. Construction is expected to be
completed by fall 2026.
Exhibits
1.City Council resolution
2.Plans, specifications, and contract documents (on file in the Office of the City Clerk)
3.Location map
4.Minutes from Feb. 3, 2025, Traffic Safety & Mobility Commission meeting (on file in the
Office of the City Clerk)
July 15, 2025 Item #7 Page 5 of 11
Docusign Envelope ID: BE740251-6484-477D-B5D0-6E9187B580C5
Exhibit 1 RESOLUTION NO. 2025-164
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING THE PLANS, SPECIFICATIONS AND CONTRACT
DOCUMENTS AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR BIDS
FOR PHASE 2 OF THE BARRIO STREET LIGHTING PROJECT
WHEREAS, the City Council of the City of Carlsbad, California has determined it necessary,
desirable and in the public interest to construct Phase 2 of the Barrio Street Lighting Project, Capital
Improvement Program, Project No. 4013; and
WHEREAS, the project focuses on adding pedestrian lights to enhance pedestrian visibility and
safety while creating a welcoming streetscape during evening hours; and
WHEREAS, the plans, specifications and contract documents for the project have been
prepared, are on file at the City Clerk’s office, and are incorporated herein by reference; and
WHEREAS, staff reviewed the improvement plans, specifications, and cost estimates developed
by a consultant and determined that the proposed design meets the city’s engineering codes, standards
and policies and that the proposed construction work would improve the infrastructure and
neighborhood; and
WHEREAS, Carlsbad Municipal Code Section 3.28.080(E) requires the City Council to adopt
plans, specifications and contract documents for all construction projects that are to be formally bid
upon when the value exceeds $220,000; and
WHEREAS, the cost of the project is estimated to be $3,585,370, including construction
contingency, construction management, inspection and material testing services, and community
outreach costs; and
WHEREAS, sufficient funding from a federal grant program, gas tax, TransNet, and general
capital construction funds is available to complete the project; and
WHEREAS, the project appropriation includes $1 million of federal grant funding and was
authorized to proceed with construction and bids by the California Department of Transportation on
June 20, 2025.
July 15, 2025 Item #7 Page 6 of 11
Docusign Envelope ID: BE740251-6484-477D-B5D0-6E9187B580C5
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.That the above recitations are true and correct.
2.That the City Council has determined that in accordance with the California
Environmental Quality Act, or CEQA, and the Environmental Protection Act, the project
was previously evaluated in the Final Initial Study/Mitigated Negative Declaration State
Clearinghouse (Final IS/MND SCH No. 2016021056), dated April 2018, as part of the City
of Carlsbad Village & Barrio Master Plan. The Final IS/MND evaluated the potential
environmental effects of the project components described in the Carlsbad Village &
Barrio Master Plan. The project is within the scope of the Final IS/MND, and no further
CEQA documentation is required per CEQA guidelines Section 15162. All applicable
mitigation measures contained in the prior environmental document have either been
satisfied previously, or will be incorporated into the project, or are conditions of
approval for the project. The Project is exempt from the National Environmental Policy
Act, or NEPA, review as outlined in NEPA Regulation 23, which applies to federally
funded projects receiving less than $5 million or with a total estimated cost of not more
than $30 million. The California Department of Transportation’s determination of
exclusion is recorded in a categorical exclusion determination form dated May 5, 2023.
Additionally, the categorical exclusion determination was revalidated on May 21, 2025,
to verify the environmental documents and decisions remained valid.
3.That the plans, specifications and contract documents for Phase 2 of the Barrio Street
Lighting Project, CIP Project No. 4013, are hereby adopted and on file in the Office of
the City Clerk.
4.That the City Clerk is authorized and directed to publish in accordance with state law, a
notice to contractors inviting bids for construction of Phase 2 of the Barrio Street
Lighting Project, CIP Project No. 4013, in accordance with the plans, specifications and
contract documents referred to herein.
July 15, 2025 Item #7 Page 7 of 11
Docusign Envelope ID: BE740251-6484-477D-B5D0-6E9187B580C5
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the 15th day of July, 2025, by the following vote, to wit:
AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
NAYS: None.
ABSTAIN: None.
ABSENT: None.
______________________________________
KEITH BLACKBURN, Mayor
______________________________________
SHERRY FREISINGER, City Clerk
(SEAL)
July 15, 2025 Item #7 Page 8 of 11
Docusign Envelope ID: BE740251-6484-477D-B5D0-6E9187B580C5
Exhibit 2
Plans, specifications and contract documents
(on file in the Office of the City Clerk)
July 15, 2025 Item #7 Page 9 of 11
Docusign Envelope ID: BE740251-6484-477D-B5D0-6E9187B580C5
CARLSBAD BARRIO PEDESTRIAN LIGHTING PHASE II
®
Know what's below. Call before you dig.
www.imegcorp.com
PH: 858.368.340013400 SABRE SPRINGS
PARKWAY
SUITE 225
SAN DIEGO, CA
92128
4013 525-7
CONSTRUCTION PLANS
FOR
CPFCDSL 5308(025)
FEDERAL FUNDED
BARRIO LIGHTING PHASE 2
PROJECT AREA
PROJECT NO. 4013
CITY OF CARLSBAD
CARLSBAD, CA
CITY COUNCIL
KEITH BLACKBURN - MAYOR
PRIYA BHAT-PATEL - MAYOR PRO TEM
MELANIE BURKHOLDER - COUNCIL MEMBER
TERESA ACOSTA - COUNCIL MEMBER
KEVIN SHIN - COUNCIL MEMBER
GEOFF PATNOE
CITY MANAGER
PAZ GOMEZ
DEPUTY CITY MANAGER
LOCATION MAP
N.T.S.
THE BARRIO NEIGHBORHOOD
SHEET INDEX
DRAWING NUMBER DESCRIPTION
VICINITY MAP
N.T.S.
SOURCE OF TOPOGRAPHY
AERIAL IMAGERY AND UTILITY LOCATIONS SHOWN ON THESE PLANS WAS GENERATED BY
GIS METHODS FROM INFORMATION GATHERED FROM THE CITY OF CARLSBAD AND SanGIS.
RIGHT-OF-WAY AND PROPERTY LINES ARE APPROXIMATE AND ARE NOT SURVEYED AS PART
OF THIS PROJECT.
CARLSBAD VILLAGE DR
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CARLSBAD BARRIO PEDESTRIAN LIGHTING PHASE II
®
Know what's below. Call before you dig.
www.imegcorp.com
PH: 858.368.340013400 SABRE SPRINGS
PARKWAY
SUITE 225
SAN DIEGO, CA
92128
4013 525-7
GENERAL NOTES
1.THIS PLAN SUPERSEDES ALL OTHER PLANS PREVIOUSLY APPROVED BY THE CITY
OF CARLSBAD REGARDING IMPROVEMENTS SHOWN ON THIS SET OF PLANS.
2.APPROVAL OF THIS PLAN DOES NOT LESSEN OR WAIVE ANY PORTION OF THE
CARLSBAD MUNICIPAL CODE, RESOLUTION OF CONDITIONAL APPROVAL, CITY
STANDARDS OR OTHER ADDITIONAL DOCUMENTS LISTED HEREON AS THEY MAY
PERTAIN TO THIS PROJECT. THE ENGINEER IN RESPONSIBLE CHARGE SHALL REVISE
THESE PLANS WHEN NON-CONFORMANCE IS DISCOVERED.
3.CITY APPROVAL OF PLANS DOES NOT RELIEVE THE ENGINEER-OF-WORK FROM
RESPONSIBILITY FOR THE CORRECTION OF ERRORS AND OMISSIONS DISCOVERED
DURING CONSTRUCTION. ALL PLAN REVISIONS SHALL BE PROMPTLY SUBMITTED TO
THE CITY ENGINEER FOR APPROVAL.
4.A RIGHT-OF-WAY PERMIT FROM THE CITY ENGINEER WILL BE REQUIRED FOR ANY
WORK IN THE PUBLIC RIGHT OF WAY. RIGHT-OF-WAY PERMIT FEE SHALL BE WAIVED
FOR THIS CIP PROJECT.
5.NO WORK SHALL BE COMMENCED UNTIL ALL PERMITS HAVE BEEN OBTAINED FROM
THE CITY AND OTHER APPROPRIATE AGENCIES.
6.ALL WORK ADJACENT TO TRANSFORMERS, EXISTING POLES, SERVICE POINTS MUST
BE COORDINATED WITH SDG&E FOR FIELD MEETINGS AND APPROVALS BY SDG&E.
SERVICE ORDERS ARE ATTACHED TO CONTRACT DOCUMENTS AS AN APPENDIX.
7.NO REVISIONS WILL BE MADE TO THESE PLANS WITHOUT THE WRITTEN APPROVAL OF
THE CITY ENGINEER, NOTED WITHIN THE REVISION BLOCK, ON THE APPROPRIATE
SHEET OF THE PLANS AND TITLE SHEET.
8.ORIGINAL DRAWINGS SHALL BECOME THE PROPERTY OF THE CITY UPON BEING
SIGNED BY THE CITY ENGINEER.
9.THE ORIGINAL DRAWING SHALL BE REVISED TO REFLECT AS-BUILT CONDITIONS BY
THE CONTRACTOR PRIOR TO FINAL ACCEPTANCE OF THE WORK BY THE CITY.
10.ACCESS FOR FIRE AND OTHER EMERGENCY VEHICLES SHALL BE MAINTAINED TO THE
PROJECT SITE AT ALL TIMES DURING CONSTRUCTION.
11.A PRE-CONSTRUCTION MEETING SHALL BE HELD PRIOR TO THE BEGINNING OF WORK
AND SHALL BE ATTENDED BY ALL REPRESENTATIVES RESPONSIBLE FOR
CONSTRUCTION, INSPECTION, SUPERVISION, TESTING AND ALL OTHER ASPECTS OF
THE WORK.
12.THE CONTRACTOR SHALL DESIGN, CONSTRUCT AND MAINTAIN ALL SAFETY DEVICES,
INCLUDING SHORING, AND SHALL BE SOLELY RESPONSIBLE FOR CONFORMING TO
ALL LOCAL STATE AND FEDERAL SAFETY AND HEALTH STANDARDS, LAWS AND
REGULATIONS.
13.ALL OPERATIONS CONDUCTED ON THE SITE OR ADJACENT THERETO, INCLUDING
WARMING UP, REPAIR, ARRIVAL, DEPARTURE OR OPERATION OF TRUCKS,
EARTHMOVING EQUIPMENT, CONSTRUCTION EQUIPMENT AND ANY OTHER
ASSOCIATED GRADING EQUIPMENT SHALL BE LIMITED TO THE PERIOD BETWEEN
8:00 A.M. AND 5:00 P.M. EACH DAY, MONDAY THRU FRIDAY AND NO WORK SHALL BE
CONDUCTED ON WEEKENDS OR HOLIDAYS. (A LIST OF CITY HOLIDAYS IS AVAILABLE
AT THE ENGINEERING DEPARTMENT COUNTER.)
14.ALL OFF-SITE HAUL ROUTES SHALL BE SUBMITTED BY THE CONTRACTOR TO THE CITY
ENGINEER FOR APPROVAL TWO FULL WEEKS PRIOR TO BEGINNING OF WORK. THE
CONTRACTOR SHALL BE RESPONSIBLE FOR ANY DEBRIS OR DAMAGE OCCURRING
ALONG THE HAUL ROUTE OR ADJACENT STREETS AS A RESULT OF THE WORK.
15.THE EXISTENCE AND LOCATION OF UTILITY STRUCTURES AND FACILITIES SHOWN
ON THE CONSTRUCTION PLANS WERE OBTAINED BY A SEARCH OF THE AVAILABLE
RECORDS. ATTENTION IS CALLED TO THE POSSIBLE EXISTENCE OF OTHER UTILITY
FACILITIES OR STRUCTURES NOT SHOWN OR IN A LOCATION DIFFERENT FROM THAT
SHOWN ON THE PLANS. THE CONTRACTOR IS REQUIRED TO TAKE DUE
PRECAUTIONARY MEASURES TO PROTECT THE UTILITIES SHOWN ON THE PLANS
AND ANY OTHER EXISTING FACILITIES OR STRUCTURES NOT SHOWN.
16.THE CONTRACTOR SHALL VERIFY THE LOCATION OF ALL EXISTING FACILITIES (
ABOVEGROUND AND UNDERGROUND ) WITHIN THE PROJECT SITE SUFFICIENTLY
AHEAD OF THE CONSTRUCTION TO PERMIT THE REVISIONS OF THE CONSTRUCTION
PLANS IF IT IS FOUND THAT THE ACTUAL LOCATIONS ARE IN CONFLICT WITH THE
PROPOSED WORK.
17.THE CONTRACTOR SHALL NOTIFY AFFECTED UTILITY COMPANIES (SEE BELOW) AT
LEAST TWO FULL WORKING DAYS PRIOR TO STARTING CONSTRUCTION NEAR THEIR
FACILITIES AND SHALL COORDINATE WORK WITH A COMPANY REPRESENTATIVE.
UNDERGROUND SERVICE ALERT (DIG ALERT) 811
SDG&E (800)411-7343
AT&T (619)237-2787
SPECTRUM CABLE (800)227-2600
COX COMMUNICATIONS (619)262-1122
CITY OF CARLSBAD(STREETS AND STORM DRAIN) (760)434-2980
* CITY OF CARLSBAD(SEWER,WATER & RECLAIMED WATER) (760)438-2722
* AS APPROPRIATE
18.TRAFFIC CONTROL PLANS MUST BE SUBMITTED TO THE INSPECTOR AS PART OF THE
PRE-CONSTRUCTION SUBMITTAL PROCESS.
19.THE CONTRACTOR IS ENCOURAGED TO PROTECT EXISTING CONCRETE AS MUCH AS
AS POSSIBLE. BORING SHALL OCCUR ONLY WHERE FEASIBLE.
20.CONTRACTOR SHALL BE RESPONSIBLE FOR ALL UTILITY MARKOUTS AND POTHOLING
IF NECESSARY PRIOR TO CONSTRUCTION TO ENSURE THERE ARE NO SUBSURFACE
CONFLICTS PRIOR TO INSTALLATION.
21.CONTRACTOR SHALL PROTECT IN PLACE ALL EXISTING CURB AND GUTTER. ALL
CONDUIT CROSSING THE CURB AND GUTTER SHALL BE HAND DUG OR BORED
UNDERNEATH.
N
O
R
T
H
0
GRAPHIC SCALE IN FEET
0100200 400
APPLICABLE CODES
CONTRACTOR SHALL COMPLY WITH APPLICABLE CODES AND LOCAL AMENDMENTS.
BUILDING CODE: 2022 CALIFORNIA BUILDING CODE
FIRE CODE: 2022 CALIFORNIA FIRE CODE
PLUMBING CODE: 2022 CALIFORNIA PLUMBING CODE
MECHANICAL CODE: 2022 CALIFORNIA MECHANICAL CODE
ELECTRICAL CODE: NFPA 70 (NEC) 2020 EDITION
LIFE SAFETY CODE: NFPA 101 2021 EDITION
ENERGY CONSERVATION CODE: 2022 CALIFORNIA ENERGY CODE
HEALTH DEPARTMENT CODE: CURRENT EDITION
LOCAL BUILDING CODE: CURRENT EDITION
ABBREVIATIONS
AMPERE FRAME RATING OF CIRCUIT BREAKERSAF
ABOVE FINISHED FLOORAFF
AMPERE FUSE RATINGAFU
AMPS INTERUPTING CAPACITY RATING (RMSAIC
SYMMETRICAL)
AMPERESAMP, A
AMPERE SWITCH RATINGAS
AMPERE TRIP RATING OF BREAKERAT
AMERICAN WIRE GAUGEAWG
BREAKERBKR
CONDUITC.
CABINETCAB
CATEGORYCAT.
CLOSED CIRCUIT TELEVISIONCCTV
CONDUIT ONLYC.O.
DRAWINGDWG
EMERGENCYEMERG, EM
EQUIPMENTEQPT,EQ.
FLUORESCENTFLUOR
FIBER OPTICF.O.
FUTUREFUT
GROUNDGND
HERTZHZ
INTERMEDIATE DISTRIBUTION FRAMEIDF
JUNCTION BOXJ.B.
THOUSAND (KILO)K
KILOVOLTSKV
KILOWATTSKW
KILOVOLT AMPERESKVA
LIGHT, LIGHTSLT, LTS
LIGHTINGLTG
MAIN DISTRIBUTION FRAMEMDF
MAXIMUMMAX
MULTIMODEMM
MOUNT, MOUNTED, MOUNTINGMT, MTD, MTG
NUMBER, NUMBERSNO, NOS
NOT TO SCALENTS
ON CENTEROC
PANELPNL
POWERPWR
REQUIREDREQD
SHEETSHT
TELEPHONE TERMINAL BACKBOARDTTB
TYPICALTYP
UNLESS NOTED OTHERWISEU.N.O.
VOLTV
WATTSW
WEATHERPROOFWP
TRANSFORMERXFMR
TO BE DETERMINEDTBD
VARIABLE FREQUENCY DRIVEVFD
NATIONAL ELECTRICAL CODENEC
LIGHTING CONTROL PANELLCP
NEW(N)
EXISTING(E)
UNDER GROUNDU.G.
GROUND FAULT INTERRUPTINGGFI
ELECTRICAL SYMBOL LIST
LED PEDESTRIAN LIGHT
STREET LIGHT
PULL BOX / HAND HOLE
PROPOSED UNDERGROUND CONDUIT
C1a, 120V
CIRCUIT TAG LEGEND
CIRCUIT VOLTAGE
CIRCUIT DESIGNATION
CIRCUIT NUMBER
CIRCUIT #
H
GAS MAIN/SERVICE
WATER PIPE
SEWER PIPE
RIGHT OF WAY (R/W)
WW
SS
GG
SIDEWALK PANEL (SDRSD G-7).
NO SAWCUT ALLOWED,
JOINT TO JOINT REMOVAL AND REPLACEMENT
C1a C1a C1a
C1b C1b C1b
C1a
C1a
C1b
C2 C2 C2
C6 C6
C6
C3b C3b C3b C3b
C5C5C5C5C5C4aC4a
C7b C7b C7b C10 C10
C2 C2 C6 C3b C3b C3b
C5C4aC4aC4a
C7b C7b C7b C7b C10 C10
C10
C4a
C8
C8
C8
C8
C8
C1
2
C12
C12
C12
C12
C11
C7a
C4b
C4b
C6
C6
C6
C9
C9
C9
C9
C10
C10
C14
C14
C4a
C4b
C4
b
C7a
C11
C11
C11
C5
C5
C5
C13
C13
C13
C3
a
C3a
C3
a
C6
C6
C9
C9
C9
C9
C9
C10
C10
C10
C10
C10
C14
C14
C15
C15
C15
C11
C11
C12
C15
C15
(E)
(E)
(E)
(E)
(E
)
(E)
(E)
(E)
(E)
(E)
(E)
(E)
(E)
(E)
(E)
(E)
(E)
(SDRSD G-7)(SDRSD G-7)
(SD
R
S
D
G
-
7
)
(SD
R
S
D
G
-
7
)
(SD
R
S
D
G
-
7
)
(SD
R
S
D
G
-
7
)
(SD
R
S
D
G
-
7
)
(SD
R
S
D
G
-
7
)
(SD
R
S
D
G
-
7
)
(SD
R
S
D
G
-
7
)
(SD
R
S
D
G
-
7
)
(SDR
S
D
G
-
7
)
(SD
R
S
D
G
-
7
)
(SD
R
S
D
G
-
7
)
(SDR
S
D
G
-
7
)
(SDR
S
D
G
-
7
)
(SDR
S
D
G
-
7
)
(SDR
S
D
G
-
7
)
(SDRSD G-7)(SDRSD G-7)(SDRSD G-7)(SDRSD G-7)(SDRSD G-7)
(SDRSD G-7)(SDRSD G-7)
(SDRSD G-7)
(SDRSD G-7)(SDRSD G-7)
(SDRSD G-7)(SDRSD G-7)
(SDRSD G-7)
(SDRSD G-7)
(SDRSD G-7)(SDRSD G-7)(SDRSD G-7)
(SDRSD G-7)(SDRSD G-7)
(SDRS
D
G
-
7
)
(SDRS
D
G
-
7
)
(SDRS
D
G
-
7
)
(SDRS
D
G
-
7
)
(SDRS
D
G
-
7
)
(SDRSD G-7)
(SDRSD G-7)
(SD
R
S
D
G
-
7
)
(SD
R
S
D
G
-
7
)
C14
C14
C14
(SD
R
S
D
G
-
7
)
(SD
R
S
D
G
-
7
)
(SDR
S
D
G
-
7
)
E4
E5
E6
E7
E8
E3
E2
E1
A12
A1
1
A10
A9
A8
A6
A3
A2
A7
A4
A5
B1
B3
B4
B5
B6
B9
B10
B1
1
B12
B1
3
B15
B16
B1
7
B1
8
C1
C2
C3
C4
C5
C6
D10
D12
D1
4
D16
D1
7
D18
D1
9
D21
D22
D24
D26
D29
D30
D3
4
D3
5
D3
6
D8
D9
D13
D15
D20
D23
D2
5
D2
7
D31
D32
D3
3
H1 H2 H4 H8 H10 H15 H17 H21 H23
H3 H5 H6 H7 H9 H11
H13 H14
H16
H18 H19 H20 H22
G2 G5 G8 G10
G4 G9 G14 G15G11G12G13
F1 F5 F7 F12 F13 F16
F2 F4 F6 F10 F14 F15
D6
D4
D7
D2
D5
D11
(E
)
(SD
R
S
D
G
-
7
)
C14
C14
(SD
R
S
D
G
-
7
)
(E)
(E)
(E)
PALM AVE
MAGNOLIAAVE
PINE AVE
CHESTNUT
AVE
PALM AVE
OAK AVE
CARLSBAD
VILLAGE DR
TY
L
E
R
S
T
RO
O
S
E
V
E
L
T
S
T
MA
D
I
S
O
N
S
T
HA
R
D
I
N
G
S
T
M
A
G
N
O
L
I
A
A
V
E
I-
5
N
B
WALNUT
AVE
JE
F
F
E
R
S
O
N
S
T
CAROL PL
I-
5
S
B
AVOCADO LN
PALM AVE
JE
F
F
E
R
S
O
N
S
T
JE
F
F
E
R
S
O
N
S
T
CAMELLIA PL
VIL
L
A
G
E
C
I
R
VIL
L
A
G
E
D
R
VILLAGE DR
ST
A
T
E
S
T
CIRCUIT
"C1a, 120V"
CI
R
C
U
I
T
"C
1
4
,
1
2
0
V
"
CIRCUIT
"C15, 120V"
CI
R
C
U
I
T
"C
7
a
,
1
2
0
V
"
CI
R
C
U
I
T
"C
1
2
,
1
2
0
V
"
CI
R
C
U
I
T
"C
1
1
,
1
2
0
V
"
CI
R
C
U
I
T
"C
1
3
,
1
2
0
V
"
CIRCUIT
"C1b, 120V"
CI
R
C
U
I
T
"C
6
,
1
2
0
V
"
CI
R
C
U
I
T
"C
1
0
,
1
2
0
V
"
CIRCUIT
"C2, 120V"
CIRCUIT
"C3b, 120V"
CIRCUIT
"C4a, 120V"
CIRCUIT
"C5, 120V"
CIRCUIT
"C7b, 120V"
CI
R
C
U
I
T
"C
9
,
1
2
0
V
"
CI
R
C
U
I
T
"C
8
,
1
2
0
V
"
SDG&E
SERVICE
POINT #14
SDG&E
SERVICE
POINT #10
SDG&E
SERVICE
POINT #12
SDG&E
SERVICE
POINT #9
SDG&E
SERVICE
POINT #3
SDG&E
SERVICE
POINT #4
SDG&E
SERVICE
POINT #7
SDG&E
SERVICE
POINT #7
(E) SDG&E XFMR
D241756
303-1477
(E) SDG&E
LIGHT HANDHOLE
(E) CARLSBAD
CITY LIGHT
HANDHOLE
(E) CARLSBAD
CITY PULL BOX
(E) CARLSBAD
CITY PULL BOX
(E) CARLSBAD
CITY PULL BOX
(E) CARLSBAD
CITY LIGHT
HANDHOLE
(E) CARLSBAD
CITY LIGHT
HANDHOLE
SDG&E
SECONDARY
PULL BOX
(E) CARLSBAD
CITY PULL BOX
(E) SDG&E XFMR
ON UTILITY POLE
(E) CARLSBAD
CITY PULL BOX
CI
R
C
U
I
T
"C
4
b
,
1
2
0
V
"
LENGTH=457FT
LIGHTS=5
V.D.=1.7%
LENGTH=274FT
LIGHTS=5
V.D.=1.0%
LENGTH=335FT
LIGHTS=4
V.D.=1.0%
LENGTH=419FT
LIGHTS=11
V.D.=2.2%
LENGTH=890FT
LIGHTS=7
V.D.=4.6%
LE
N
G
T
H
=
3
8
7
F
T
LI
G
H
T
S
=
4
V.
D
.
=
1
.
1
%
LE
N
G
T
H
=
7
9
F
T
LI
G
H
T
S
=
2
V.
D
.
=
0
.
1
%
LE
N
G
T
H
=
6
7
8
F
T
LI
G
H
T
S
=
6
V.
D
.
=
3
.
0
%
LE
N
G
T
H
=
5
5
5
F
T
LI
G
H
T
S
=
6
V.
D
.
=
2
.
5
%
(
1
2
0
V
)
LENGTH=466FT
LIGHTS=7
V.D.=2.4%
LE
N
G
T
H
=
5
6
1
F
T
LI
G
H
T
S
=
5
V.
D
.
=
2
.
1
%
LE
N
G
T
H
=
3
3
8
F
T
LI
G
H
T
S
=
3
V.
D
.
=
0
.
7
%
LENGTH=660FT
LIGHTS=9
V.D.=4.4%
LE
N
G
T
H
=
7
2
7
F
T
LI
G
H
T
S
=
1
0
V.
D
.
=
3
.
8
%
LE
N
G
T
H
=
3
1
4
F
T
LI
G
H
T
S
=
9
V.
D
.
=
2
.
1
%
LE
N
G
T
H
=
5
3
1
F
T
LI
G
H
T
S
=
1
2
V.
D
.
=
4
.
7
%
LE
N
G
T
H
=
5
5
6
F
T
LIG
H
T
S
=
9
V.
D
.
=
3
.
7
%
LE
N
G
T
H
=
6
1
8
F
T
LI
G
H
T
S
=
5
V.
D
.
=
2
.
3
%
CI
R
C
U
I
T
"C
3
a
,
1
2
0
V
"
LE
N
G
T
H
=
4
4
1
F
T
LI
G
H
T
S
=
5
V.
D
.
=
1
.
6
%
CARLSBAD BARRIO PEDESTRIAN LIGHTING PHASE II
®
Know what's below. Call before you dig.
www.imegcorp.com
PH: 858.368.340013400 SABRE SPRINGS
PARKWAY
SUITE 225
SAN DIEGO, CA
92128
4013 525-7
N
O
R
T
H
0
GRAPHIC SCALE IN FEET
0100200 400
GE
N
E
R
A
L
N
O
T
E
S
A.DRAWINGS ARE DIAGRAMMATIC ONLY. THE CONTRACTOR SHALL FIELD VERIFY ALL
EXISTING UTILITIES PRIOR TO THE START OF WORK AND HAND DIG WHERE
NECESSARY TO PREVENT DAMAGE TO EXISTING UTILITY LINES.
B.CONTRACTOR SHALL REPAIR TRENCH PER NARROW TRENCH BACKFILL AND
PAVEMENT RESURFACING STANDARD DRAWING, GS-24, OF THE CITY OF CARLSBAD
ENGINEERING STANDARDS.
C.PEDESTRIAN LIGHTS SHALL BE INSTALLED AS SHOWN ON THESE PLANS,
UNDERGROUND CONDUIT RUNS, SERVICE POINTS AND HAND-HOLES SHALL BE
SHOWN ON THE ALL LUMINAIRES SHALL BE "CUT OFF" TYPE.
D.ALL UNDERGROUND UTILITIES AND LATERALS SHALL BE INSTALLED PRIOR TO
CONSTRUCTION OF CURBS, CROSS GUTTERS OR SURFACING OF STREETS.
E.ALL SURVEY MONUMENTS AND POINTS THAT ARE DISTURBED BY THIS WORK SHALL BE
REESTABLISHED, PERPETUATED, AND DOCUMENTED PER THE PROFESSIONAL LAND
SURVEYORS ACT.
F.ALL POLES, CONDUIT, AND PULL BOX LOCATIONS SHOWN ARE APPROXIMATE. ACTUAL
LOCATIONS SHALL BE DETERMINED BY FIELD CONDITIONS AT THE TIME OF
CONSTRUCTION AND AS DIRECTED BY THE CITY ENGINEER. POLE SHALL BE PLACED
SUCH THAT AN ADA COMPLIANT 4' MINIMUM PATH IS PROVIDED. PULL BOXES SHALL
NOT BE PLACED WITHIN THE PEDESTRIAN CURB RAMP AND DRIVEWAYS UNLESS
APPROVED BY THE CITY ENGINEER.
G.LOCATION OF ALL UNDERGROUND UTILITIES ARE APPROXIMATE. THE CONTRACTOR
SHALL DETERMINE THE EXACT LOCATIONS AND VERIFY ALL CONDITIONS ON THE JOB
SITE PRIOR TO INSTALLING EQUIPMENT.
H.CONTRACTOR SHALL POTHOLE EACH PEDESTRIAN LIGHT LOCATION PRIOR TO
INSTALLATION.
I.IT IS THE SOLE RESPONSIBILITY OF THE CONTRACTOR TO REPAIR ANY DAMAGES
THAT OCCUR DURING INSTALLATION OF ELECTRICAL EQUIPMENT. ALL COSTS FOR
ANY REPAIRS SHALL BE AT THE CONTRACTORS EXPENSE.
J.PULL BOXES SHALL BE NO. 3 1/2 AND CONDUIT 2" UNLESS OTHERWISE NOTED. PULL
BOXES SHALL BE INSTALLED PER CITY OF CARLSBAD SUPPLEMENTAL STANDARD NO.
GS-21.
K.ALL NEW PEDESTRIAN LIGHTS SHALL HAVE A PULLBOX ADJACENT TO THE POLE.
L.NATIONAL ELECTRICAL CODE (NEC) WIRE COLOR CODING SHALL BE USED FOR ALL
ELECTRICAL WORK.
M.ALL SHRUBS SHALL BE TRIMMED OR REMOVED AND TREES SHALL BE TRIMMED (NOT
REMOVED) AS REQUIRED AND DETERMINED BY THE CITY ENGINEER.
N.PROVIDE 6" VERTICAL AND 12" HORIZONTAL MINIMUM SEPARATION BETWEEN GAS
LINE AND NEW LIGHTING UNDERGROUND CONDUIT.
O.NO UNDERGROUND RUNS LONGER THAN 200’ BETWEEN PULL BOXES.
P.INSTALL DUCT PUTTY IN CONDUIT OPENINGS AT EACH PULL BOX.
Q.CONTRACTOR TO COORDINATE WITH SDG&E FOR CONDUIT INSTALLATION AND
CLEARANCES ADJACENT TO SDG&E FACILITIES PRIOR TO EXCAVATION.
R.THE CONTRACTOR SHALL MAINTAIN EXISTING ELECTRICAL CIRCUITS FOR EQUIPMENT
NOT REMOVED DURING DEMOLITION.
S.OVERHEAD ELECTRICAL, CABLE AND TELEPHONE LINES ARE NOT SHOWN ON THE
PLANS. CONTRACTOR SHALL NOT IMPACT THESE OVERHEAD UTILITY LINES AT
ANYTIME DURING CONSTRUCTION. THE CONTRACTOR IS RESPONSIBLE FOR FIELD
LOCATING THE OVERHEAD UTILITY LINES PRIOR T0 MOBILIZATION AND
CONSTRUCTION.
T.VERIFY THE EXISTENCE AND HORIZONTAL/VERTICAL LOCATION OF ALL UTILITIES
WITHIN THE PROJECT AREA THAT MAY CONFLICT WITH THE PROPOSED
CONSTRUCTION. VERIFY THAT ANY UTILITIES SHOWN TO BE RELOCATED BY OTHERS
HAVE BEEN RELOCATED AND ARE NO LONGER IN CONFLICT.
U.LOCATIONS SHOWN ON ELECTRICAL DRAWINGS ARE DIAGRAMMATIC AND ARE
SUBJECT TO CHANGE. COORDINATE FINAL LOCATIONS OF ALL EQUIPMENT WITH THE
ENGINEER PRIOR TO INSTALLING ASSOCIATED ELECTRICAL WORK.
V.EXACT ROUTING OF ALL FEEDERS, CONDUITS, ETC. SHALL BE FIELD VERIFIED AND
APPROVED BY THE ENGINEER PRIOR TO EXCAVATION. COORDINATE THE
INSTALLATION WITH EXISTING CONDITIONS AND OTHER TRADES.
W.ELECTRICAL WORK SHALL CONFORM TO NATIONAL ELECTRICAL CODES, CALIFORNIA
ELECTRICAL CODE, APPLICABLE STATE AND LOCAL CODES, AND SHALL BE DONE IN
ACCORDANCE WITH EQUIPMENT MANUFACTURER'S RECOMMENDATIONS. NOTHING
INDICATED ON THE PLANS OR CONTAINED HEREIN SHALL BE INTERPRETED AS
ALLOWING WORK TO BE LESS THAN THAT REQUIRED BY THE APPLICABLE STANDARDS.
X.CONTRACTOR INSTALLING THE LIGHT POLES SHALL FIELD STAKE POLE LOCATIONS
AND OBTAIN APPROVAL PRIOR TO START OF FOUNDATION EXCAVATION.
Y.ONCE INSTALLED, ALL LIGHTS SHALL BE ENERGIZED FOR 100 HOURS BEFORE FINAL
INSPECTION. THE CONTRACTOR SHALL NOTIFY THE ENGINEER, A MAXIMUM OF TWO
(2) WEEKS PRIOR TO FINAL ELECTRICAL INSPECTION.
Z.LOCATIONS OF CONDUIT ARE DIAGRAMMATIC. THE CONTRACTOR SHALL SUBMIT A
CONDUIT LAYOUT PLAN FOR APPROVAL PRIOR TO STARTING WORK.
AA.CONTRACTOR SHALL COORDINATE WITH SDG&E. AND INSTALL SERVICE
CONDUCTORS, CONDUIT, AND METER PER SDG&E SERVICE ORDER. CONTRACTOR
SHALL COORDINATE THE ELECTRICAL SERVICE PLACEMENT WITH SDG&E,
COORDINATE AND SCHEDULE POWER OUTAGES WITH SDG&E. AND INSTALL SERVICE
CONDUIT IN ACCORDANCE WITH SDG&E'S REQUIREMENTS.
AB.TOP OF PULL BOXES SHALL BE FLUSH WITH FINISH GRADE.
AC.CONTRACTOR SHALL TRIM TREES AS NEEDED AROUND THE AREAS WHERE NEW
LIGHT POLES ARE BEING INSTALLED. COORDINATE WITH CARLSBAD CITY RECREATION
PRIOR TO START OF WORK.
2' MIN
13'-1"
CURB AND GUTTEREXISTING SIDEWALK
EXISTING LANDSCAPING
SCALE: NONE1TYPICAL PEDESTRIAN LIGHTING PLACEMENT DETAIL (SIDE VIEW)
PRESTRESSED CONCRETE POLE
PER PLANS AND SPECIFICATIONS,
REFER TO SHEET E302.
POST TOP LUMINAIRE, PER PLANS
AND SPECIFICATIONS, REFER TO
SHEET E301.
3'-8"
OA
K
A
V
E
CA
R
L
S
B
A
D
V
I
L
L
A
G
E
D
R
ROOSEVELT ST ROOSEVELT ST
C1
a
(S
D
R
S
D
G
-
7
)
(S
D
R
S
D
G
-
7
)
H2
(E
)
C
A
R
L
S
B
A
D
C
I
T
Y
P
U
L
L
B
O
X
30
9
6
R
O
O
S
E
V
E
L
T
S
T
.
(N
/
E
C
O
R
N
E
R
O
F
R
O
O
S
E
V
E
L
T
A
N
D
O
A
K
S/
L
P
U
L
L
B
O
X
)
12
0
V
10
'
-
0
"
17
'
-
0
"
9
TY
P
.
ROOSEVELT ST
PI
N
E
A
V
E
CI
R
C
L
E
K
DR
I
V
E
W
A
Y
31
6
0
DR
I
V
E
W
A
Y
31
7
0
DR
I
V
E
W
A
Y
ROOSEVELT ST
9'-7"
C4a
(S
D
R
S
D
G
-
7
)
A2
SDG&E SERVICE POINT #4
120V
8
TY
P
.
7
4
TY
P
.
3
2
1
87
TYP.43
TYP.21
5 TYP.6
9
TY
P
.
10
4'-0"
11 12
CARLSBAD BARRIO PEDESTRIAN LIGHTING PHASE II
®
Know what's below. Call before you dig.
www.imegcorp.com
PH: 858.368.340013400 SABRE SPRINGS
PARKWAY
SUITE 225
SAN DIEGO, CA
92128
4013 525-7
ELECTRICAL AND LIGHTING NOTES
NO
R
T
H
NO
R
T
H
MA
T
C
H
L
I
N
E
S
E
E
A
B
O
V
E
R
I
G
H
T
MA
T
C
H
L
I
N
E
S
E
E
B
E
L
O
W
L
E
F
T
MA
T
C
H
L
I
N
E
S
E
E
S
H
E
E
T
E
2
0
1
0
GRAPHIC SCALE IN FEET
201020 40
2
3
4
5
6
1
GENERAL NOTES
A.DRAWINGS ARE DIAGRAMMATIC ONLY.
B.REFER TO SHEET E101 FOR GENERAL NOTES.
FURNISH AND INSTALL CONCRETE PEDESTRIAN SCALE LIGHT
STANDARD AND FOUNDATION PER PLAN AND PROJECT
SPECIFICATIONS. POLE HEIGHT SHALL BE 13'-1" ABOVE GRADE.
LUMINAIRE SHALL BE ACORN STYLE POST-TOP LED WITH 5,100
LUMENS MAXIMUM, COLOR TEMPERATURE OF 3000K MAXIMUM,
AND TYPE III DIFFUSED LENS DISTRIBUTION WITH PHOTOCELL
CONTROL TO TURN ON AND OFF.
CONTRACTOR SHALL TRIM TREE(S) IN CONFLICT WITH STREET
LIGHT.
PROVIDE STREET LIGHT UNDERGROUND #3-1/2 PULL BOX. REFER
TO DETAIL GS-21 ON SHEET E303 FOR DETAILS. CONTRACTOR TO
REPLACE SIDEWALK PANEL(S) AFFECTED BY INSTALLATION OF
PULL BOX.
FURNISH AND INSTALL INLINE FUSE HOLDER AND 10A FUSE IN
PULL BOX FOR PERMANENT POWER TO LUMINAIRE SYSTEM PER
SDG&E REQUIREMENTS.
FURNISH AND INSTALL 1-1/4" CONDUIT. INSTALL 2#6
CONDUCTORS AND 1#6 GROUND IN CONDUIT.
CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATING
WITH SDG&E FOR JOINT MEETING IN FIELD FOR FINAL CONDUIT
SWEEPS AND PERMANENT POWER CONNECTION.
THE PRECISE LOCATION OF THE LIGHT POLE AND ITS FOOTING
MUST BE APPROVED IN ADVANCE BY THE CITY ENGINEER’S
REPRESENTATIVE. THIS APPROVAL IS REQUIRED BEFORE
INSTALLATION BEGINS.
IN CASES WHERE THE LIGHT POLE LOCATION CONFLICTS WITH
THE EXISTING FENCE, THE CONTRACTOR SHALL REMOVE AND
REINSTALL THE FENCE AS REQUIRED TO ENSURE PROPER
ALIGNMENT WITH THE DESIGNATED RIGHT-OF-WAY.
REPLACE THE SIDEWALK PANEL. REFER TO DETAIL G-07 ON
SHEET E303.
CONNECT TO SDG&E SERVICE POINT #4. COORDINATE WITH
SGD&E FOR EXACT REQUIREMENT PRIOR TO START WORK.
HANDHOLE 3309 (SDGE) TO BE INSTALLED BY THE ELECTRICAL
CONTRACTOR. CONTRACTOR SHALL COORDINATE WITH UTILITY
FOR ALL INSTALLATION REQUIREMENTS PRIOR TO START OF
WORK.
CONTRACTOR SHALL MAKE FINAL LIGHTING CONNECTIONS WITH
UTILTITY SERVICE POINT. COORDINATE ALL WORK WITH
ULTILITY.
7
8
9
10
MATCHLINE SEE SHEET E210
MATCHLINE SEE SHEET E210
MATCHLINE SEE SHEET E212
11
12
ROOSEVELT ST
WA
L
N
U
T
A
V
E
8 5 TYP.67TYP.21
32
2
2
DR
I
V
E
W
A
Y
32
7
4
DR
I
V
E
W
A
Y
32
5
5
DR
I
V
E
W
A
Y
1211
32
9
3
DR
I
V
E
W
A
Y
33
2
9
DR
I
V
E
W
A
Y
14'-0"16'-3"
13'-9"52'-3"106'-8"
C7a
C4b
C4b
C4b C4b
A6A3
A7
A4
A5
SDG&E SERVICE POINT #7
120V
10
4'-0"
ROOSEVELT ST
CH
E
S
N
U
T
A
V
E
87
43TYP.
9
TYP.21
33
5
9
DR
I
V
E
W
A
Y
33
6
9
DR
I
V
E
W
A
Y
33
6
6
DR
I
V
E
W
A
Y
34
2
0
DR
I
V
E
W
A
Y
ROOSEVELT ST
22'-0"12'-0"
C7a C11
(E
)
(E
)
(E)
(E)
A9A8
SD
G
&
E
S
E
R
V
I
C
E
P
O
I
N
T
#
7
(E) CARLSBAD CITY
LIGHT HANDHOLE
41
'
-
0
"
65TYP.
CARLSBAD BARRIO PEDESTRIAN LIGHTING PHASE II
®
Know what's below. Call before you dig.
www.imegcorp.com
PH: 858.368.340013400 SABRE SPRINGS
PARKWAY
SUITE 225
SAN DIEGO, CA
92128
4013 525-7
NO
R
T
H
NO
R
T
H
MA
T
C
H
L
I
N
E
S
E
E
A
B
O
V
E
R
I
G
H
T
MA
T
C
H
L
I
N
E
S
E
E
B
E
L
O
W
L
E
F
T
MA
T
C
H
L
I
N
E
S
E
E
S
H
E
E
T
E
2
0
2
0
GRAPHIC SCALE IN FEET
201020 40
MA
T
C
H
L
I
N
E
S
E
E
S
H
E
E
T
E
2
0
0
ELECTRICAL AND LIGHTING NOTES
2
3
1
GENERAL NOTES
A.DRAWINGS ARE DIAGRAMMATIC ONLY.
B.REFER TO SHEET E101 FOR GENERAL NOTES.
FURNISH AND INSTALL CONCRETE PEDESTRIAN SCALE LIGHT
STANDARD AND FOUNDATION PER PLAN AND PROJECT
SPECIFICATIONS. POLE HEIGHT SHALL BE 13'-1" ABOVE GRADE.
LUMINAIRE SHALL BE ACORN STYLE POST-TOP LED WITH 5,100
LUMENS MAXIMUM, COLOR TEMPERATURE OF 3000K MAXIMUM,
AND TYPE III DIFFUSED LENS DISTRIBUTION WITH PHOTOCELL
CONTROL TO TURN ON AND OFF.
CONTRACTOR SHALL TRIM TREE(S) IN CONFLICT WITH STREET
LIGHT.
PROVIDE STREET LIGHT UNDERGROUND #3-1/2 PULL BOX. REFER
TO DETAIL GS-21 ON SHEET E303 FOR DETAILS. CONTRACTOR TO
REPLACE SIDEWALK PANEL(S) AFFECTED BY INSTALLATION OF
PULL BOX.
FURNISH AND INSTALL INLINE FUSE HOLDER AND 10A FUSE IN
PULL BOX FOR PERMANENT POWER TO LUMINAIRE SYSTEM PER
SDG&E REQUIREMENTS.
FURNISH AND INSTALL 1-1/4" CONDUIT. INSTALL 2#6
CONDUCTORS AND 1#6 GROUND IN CONDUIT.
CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATING
WITH SDG&E FOR JOINT MEETING IN FIELD FOR FINAL CONDUIT
SWEEPS AND PERMANENT POWER CONNECTION.
THE PRECISE LOCATION OF THE LIGHT POLE AND ITS FOOTING
MUST BE APPROVED IN ADVANCE BY THE CITY ENGINEER’S
REPRESENTATIVE. THIS APPROVAL IS REQUIRED BEFORE
INSTALLATION BEGINS.
IN CASES WHERE THE LIGHT POLE LOCATION CONFLICTS WITH
THE EXISTING FENCE, THE CONTRACTOR SHALL REMOVE AND
REINSTALL THE FENCE AS REQUIRED TO ENSURE PROPER
ALIGNMENT WITH THE DESIGNATED RIGHT-OF-WAY.
CONNECT THE NEW PEDESTRIAN LIGHT POLE CIRCUIT TO THE
EXISTING CARLSBAD CITY LIGHT POLE HANDHOLE. ENSURE
COORDINATION WITH CARLSBAD CITY MAINTENANCE BEFORE
BEGINNING THE WORK.
CONNECT TO SDG&E SERVICE POINT #7. COORDINATE WITH
SGD&E FOR EXACT REQUIREMENT PRIOR TO START WORK.
HANDHOLE 3309 (SDGE) TO BE INSTALLED BY THE ELECTRICAL
CONTRACTOR. CONTRACTOR SHALL COORDINATE WITH UTILITY
FOR ALL INSTALLATION REQUIREMENTS PRIOR TO START OF
WORK.
CONTRACTOR SHALL MAKE FINAL LIGHTING CONNECTIONS WITH
UTILTITY SERVICE POINT. COORDINATE ALL WORK WITH
ULTILITY.
4
5
6
7
8
9
10
MATCHLINE SEE SHEET E213
MATCHLINE SEE SHEET E213
11
12
MAG
N
O
L
I
A
AVE
ROOSEVELT ST
38
9
TYP.47TYP.21
34
7
5
DR
I
V
E
W
A
Y
34
8
4
DR
I
V
E
W
A
Y
35
9
4
DR
I
V
E
W
A
Y
64'-10"
7'-2"
C11
C11 C11
(SD
R
S
D
G
-
7
)
A12A11
A10
(E) CARLSBAD CITY
LIGHT HANDHOLE
(E)
25'-8"
5 TYP.6
CARLSBAD BARRIO PEDESTRIAN LIGHTING PHASE II
®
Know what's below. Call before you dig.
www.imegcorp.com
PH: 858.368.340013400 SABRE SPRINGS
PARKWAY
SUITE 225
SAN DIEGO, CA
92128
4013 525-7
NO
R
T
H
MA
T
C
H
L
I
N
E
S
E
E
S
H
E
E
T
E
2
0
1
0
GRAPHIC SCALE IN FEET
201020 40
ELECTRICAL AND LIGHTING NOTES
2
3
1
GENERAL NOTES
A.DRAWINGS ARE DIAGRAMMATIC ONLY.
B.REFER TO SHEET E101 FOR GENERAL NOTES.
FURNISH AND INSTALL CONCRETE PEDESTRIAN SCALE LIGHT
STANDARD AND FOUNDATION PER PLAN AND PROJECT
SPECIFICATIONS. POLE HEIGHT SHALL BE 13'-1" ABOVE GRADE.
LUMINAIRE SHALL BE ACORN STYLE POST-TOP LED WITH 5,100
LUMENS MAXIMUM, COLOR TEMPERATURE OF 3000K MAXIMUM,
AND TYPE III DIFFUSED LENS DISTRIBUTION WITH PHOTOCELL
CONTROL TO TURN ON AND OFF.
CONTRACTOR SHALL TRIM TREE(S) IN CONFLICT WITH STREET
LIGHT.
PROVIDE STREET LIGHT UNDERGROUND #3-1/2 PULL BOX. REFER
TO DETAIL GS-21 ON SHEET E303 FOR DETAILS. CONTRACTOR TO
REPLACE SIDEWALK PANEL(S) AFFECTED BY INSTALLATION OF
PULL BOX.
FURNISH AND INSTALL INLINE FUSE HOLDER AND 10A FUSE IN
PULL BOX FOR PERMANENT POWER TO LUMINAIRE SYSTEM PER
SDG&E REQUIREMENTS.
FURNISH AND INSTALL 1-1/4" CONDUIT. INSTALL 2#6
CONDUCTORS AND 1#6 GROUND IN CONDUIT.
CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATING
WITH SDG&E FOR JOINT MEETING IN FIELD FOR FINAL CONDUIT
SWEEPS AND PERMANENT POWER CONNECTION.
THE PRECISE LOCATION OF THE LIGHT POLE AND ITS FOOTING
MUST BE APPROVED IN ADVANCE BY THE CITY ENGINEER’S
REPRESENTATIVE. THIS APPROVAL IS REQUIRED BEFORE
INSTALLATION BEGINS.
IN CASES WHERE THE LIGHT POLE LOCATION CONFLICTS WITH
THE EXISTING FENCE, THE CONTRACTOR SHALL REMOVE AND
REINSTALL THE FENCE AS REQUIRED TO ENSURE PROPER
ALIGNMENT WITH THE DESIGNATED RIGHT-OF-WAY.
CONNECT THE NEW PEDESTRIAN LIGHT POLE CIRCUIT TO THE
EXISTING CARLSBAD CITY LIGHT POLE HANDHOLE. ENSURE
COORDINATION WITH CARLSBAD CITY MAINTENANCE BEFORE
BEGINNING THE WORK.
4
5
6
7
8
9
MA
T
C
H
L
I
N
E
S
E
E
S
H
E
E
T
E
2
1
5
OA
K
A
V
E
CA
R
L
S
B
A
D
V
I
L
L
A
G
E
D
R
MADISON ST
43TYP.
87TYP.21
5 TYP.6
30
8
1
DR
I
V
E
W
A
Y
MADISON ST
C1a C1a
C2
(S
D
R
S
D
G
-
7
)
B17B18
H7
(E
)
C
A
R
L
S
B
A
D
C
I
T
Y
P
U
L
L
B
O
X
N/
E
C
O
R
N
E
R
O
F
M
A
D
I
S
O
N
S
T
.
A
N
D
O
A
K
A
V
E
(P
U
L
L
B
O
X
B
E
H
I
N
D
U
T
I
L
I
T
Y
P
O
L
E
)
11'-5"78'-8"
10
MADISON ST
PI
N
E
A
V
E
5 TYP.6
31
4
3
DR
I
V
E
W
A
Y
3 TYP.4
1 2 7 8 TYP.
31
8
3
DR
I
V
E
W
A
Y
MADISON ST
C1b
C4a
(E
)
(E)
(E)
(SDRSD G-7)(SDRSD G-7)
B15B16
3'-0"14'-0"
9 TYP.
CARLSBAD BARRIO PEDESTRIAN LIGHTING PHASE II
®
Know what's below. Call before you dig.
www.imegcorp.com
PH: 858.368.340013400 SABRE SPRINGS
PARKWAY
SUITE 225
SAN DIEGO, CA
92128
4013 525-7
NO
R
T
H
NO
R
T
H
MA
T
C
H
L
I
N
E
S
E
E
A
B
O
V
E
R
I
G
H
T
MA
T
C
H
L
I
N
E
S
E
E
B
E
L
O
W
L
E
F
T
MA
T
C
H
L
I
N
E
S
E
E
S
H
E
E
T
E
2
0
4
0
GRAPHIC SCALE IN FEET
201020 40
ELECTRICAL AND LIGHTING NOTES
2
3
1
GENERAL NOTES
A.DRAWINGS ARE DIAGRAMMATIC ONLY.
B.REFER TO SHEET E101 FOR GENERAL NOTES.
FURNISH AND INSTALL CONCRETE PEDESTRIAN SCALE LIGHT
STANDARD AND FOUNDATION PER PLAN AND PROJECT
SPECIFICATIONS. POLE HEIGHT SHALL BE 13'-1" ABOVE GRADE.
LUMINAIRE SHALL BE ACORN STYLE POST-TOP LED WITH 5,100
LUMENS MAXIMUM, COLOR TEMPERATURE OF 3000K MAXIMUM,
AND TYPE III DIFFUSED LENS DISTRIBUTION WITH PHOTOCELL
CONTROL TO TURN ON AND OFF.
CONTRACTOR SHALL TRIM TREE(S) IN CONFLICT WITH STREET
LIGHT.
PROVIDE STREET LIGHT UNDERGROUND #3-1/2 PULL BOX. REFER
TO DETAIL GS-21 ON SHEET E303 FOR DETAILS. CONTRACTOR TO
REPLACE SIDEWALK PANEL(S) AFFECTED BY INSTALLATION OF
PULL BOX.
FURNISH AND INSTALL INLINE FUSE HOLDER AND 10A FUSE IN
PULL BOX FOR PERMANENT POWER TO LUMINAIRE SYSTEM PER
SDG&E REQUIREMENTS.
FURNISH AND INSTALL 1-1/4" CONDUIT. INSTALL 2#6
CONDUCTORS AND 1#6 GROUND IN CONDUIT.
CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATING
WITH SDG&E FOR JOINT MEETING IN FIELD FOR FINAL CONDUIT
SWEEPS AND PERMANENT POWER CONNECTION.
THE PRECISE LOCATION OF THE LIGHT POLE AND ITS FOOTING
MUST BE APPROVED IN ADVANCE BY THE CITY ENGINEER’S
REPRESENTATIVE. THIS APPROVAL IS REQUIRED BEFORE
INSTALLATION BEGINS.
IN CASES WHERE THE LIGHT POLE LOCATION CONFLICTS WITH
THE EXISTING FENCE, THE CONTRACTOR SHALL REMOVE AND
REINSTALL THE FENCE AS REQUIRED TO ENSURE PROPER
ALIGNMENT WITH THE DESIGNATED RIGHT-OF-WAY.
REPLACE THE SIDEWALK PANEL. REFER TO DETAIL G-07 ON
SHEET E303.
4
5
6
7
8
9
MATCHLINE SEE SHEET E210
MATCHLINE SEE SHEET E210
MATCHLINE SEE SHEET E212
MATCHLINE SEE SHEET E212
WA
L
N
U
T
AV
E
MADISON ST
4 5 TYP.63
TYP.21
32
5
5
DR
I
V
E
W
A
Y
TYP.
87
32
9
1
DR
I
V
E
W
A
Y
C8 C8 C8
(SDRSD G-7)(SDRSD G-7)(SDRSD G-7)
B11B12B13
(E) SDG&E XFMR
ON UTILITY POLE
1'-6"27'-6"68'-6"
9TYP.
10 11
4'-0"
MADISON ST
CH
E
S
N
U
T
A
V
E
43TYP.65TYP.
87TYP.21
33
2
3
DR
I
V
E
W
A
Y
33
6
7
DR
I
V
E
W
A
Y
34
2
1
DR
I
V
E
W
A
Y
MADISON ST
C8 C8 C12
(E)
(E)
(E
)
(E
)
(SDRSD G-7)(SDRSD G-7)(SDRSD G-7)
B6B9B10
12'-0"14'-8"4'-9"
9TYP.
CARLSBAD BARRIO PEDESTRIAN LIGHTING PHASE II
®
Know what's below. Call before you dig.
www.imegcorp.com
PH: 858.368.340013400 SABRE SPRINGS
PARKWAY
SUITE 225
SAN DIEGO, CA
92128
4013 525-7
NO
R
T
H
NO
R
T
H
MA
T
C
H
L
I
N
E
S
E
E
A
B
O
V
E
R
I
G
H
T
MA
T
C
H
L
I
N
E
S
E
E
B
E
L
O
W
L
E
F
T
MA
T
C
H
L
I
N
E
S
E
E
S
H
E
E
T
E
2
0
5
0
GRAPHIC SCALE IN FEET
201020 40
MA
T
C
H
L
I
N
E
S
E
E
S
H
E
E
T
E
2
0
3
ELECTRICAL AND LIGHTING NOTES
2
3
1
GENERAL NOTES
A.DRAWINGS ARE DIAGRAMMATIC ONLY.
B.REFER TO SHEET E101 FOR GENERAL NOTES.
FURNISH AND INSTALL CONCRETE PEDESTRIAN SCALE LIGHT
STANDARD AND FOUNDATION PER PLAN AND PROJECT
SPECIFICATIONS. POLE HEIGHT SHALL BE 13'-1" ABOVE GRADE.
LUMINAIRE SHALL BE ACORN STYLE POST-TOP LED WITH 5,100
LUMENS MAXIMUM, COLOR TEMPERATURE OF 3000K MAXIMUM,
AND TYPE III DIFFUSED LENS DISTRIBUTION WITH PHOTOCELL
CONTROL TO TURN ON AND OFF.
CONTRACTOR SHALL TRIM TREE(S) IN CONFLICT WITH STREET
LIGHT.
PROVIDE STREET LIGHT UNDERGROUND #3-1/2 PULL BOX. REFER
TO DETAIL GS-21 ON SHEET E303 FOR DETAILS. CONTRACTOR TO
REPLACE SIDEWALK PANEL(S) AFFECTED BY INSTALLATION OF
PULL BOX.
FURNISH AND INSTALL INLINE FUSE HOLDER AND 10A FUSE IN
PULL BOX FOR PERMANENT POWER TO LUMINAIRE SYSTEM PER
SDG&E REQUIREMENTS.
FURNISH AND INSTALL 1-1/4" CONDUIT. INSTALL 2#6
CONDUCTORS AND 1#6 GROUND IN CONDUIT.
CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATING
WITH SDG&E FOR JOINT MEETING IN FIELD FOR FINAL CONDUIT
SWEEPS AND PERMANENT POWER CONNECTION.
THE PRECISE LOCATION OF THE LIGHT POLE AND ITS FOOTING
MUST BE APPROVED IN ADVANCE BY THE CITY ENGINEER’S
REPRESENTATIVE. THIS APPROVAL IS REQUIRED BEFORE
INSTALLATION BEGINS.
IN CASES WHERE THE LIGHT POLE LOCATION CONFLICTS WITH
THE EXISTING FENCE, THE CONTRACTOR SHALL REMOVE AND
REINSTALL THE FENCE AS REQUIRED TO ENSURE PROPER
ALIGNMENT WITH THE DESIGNATED RIGHT-OF-WAY.
REPLACE THE SIDEWALK PANEL. REFER TO DETAIL G-07 ON
SHEET E303.
HANDHOLE 3309 (SDGE) TO BE INSTALLED BY THE ELECTRICAL
CONTRACTOR. CONTRACTOR SHALL COORDINATE WITH UTILITY
FOR ALL INSTALLATION REQUIREMENTS PRIOR TO START OF
WORK.
CONTRACTOR SHALL MAKE FINAL LIGHTING CONNECTIONS WITH
UTILTITY SERVICE POINT. COORDINATE ALL WORK WITH
ULTILITY.
4
5
6
7
8
9
MATCHLINE SEE SHEET E213
MATCHLINE SEE SHEET E213
10
11
PA
L
M
A
V
E
MADISON ST
43TYP.
65TYP.
87TYP.21
34
6
1
DR
I
V
E
W
A
Y
34
9
5
DR
I
V
E
W
A
Y
35
3
5
DR
I
V
E
W
A
Y
35
5
7
DR
I
V
E
W
A
Y
C12 C12 C12
(SDRSD G-7)(SDRSD G-7)(SDRSD G-7)
B3B4B5
SDG&E SERVICE POINT #12
120V
10'-0"16'-0"11'-6"
10
9TYP.
1211 4'-0"
MADISON ST
MA
G
N
O
L
I
A
AV
E
58 TYP.67
43TYP.
TYP.21
FIRE
HYDRANT
72
0
D
R
I
V
E
W
A
Y
C12 C12
(SDRSD G-7)(SDRSD G-7)
E3B1
111'-4"
9TYP.
CARLSBAD BARRIO PEDESTRIAN LIGHTING PHASE II
®
Know what's below. Call before you dig.
www.imegcorp.com
PH: 858.368.340013400 SABRE SPRINGS
PARKWAY
SUITE 225
SAN DIEGO, CA
92128
4013 525-7
NO
R
T
H
MA
T
C
H
L
I
N
E
S
E
E
S
H
E
E
T
E
2
0
4
0
GRAPHIC SCALE IN FEET
201020 40
MA
T
C
H
L
I
N
E
S
E
E
A
B
O
V
E
R
I
G
H
T
MA
T
C
H
L
I
N
E
S
E
E
B
E
L
O
W
L
E
F
T
NO
R
T
H
ELECTRICAL AND LIGHTING NOTES
2
3
1
GENERAL NOTES
A.DRAWINGS ARE DIAGRAMMATIC ONLY.
B.REFER TO SHEET E101 FOR GENERAL NOTES.
FURNISH AND INSTALL CONCRETE PEDESTRIAN SCALE LIGHT
STANDARD AND FOUNDATION PER PLAN AND PROJECT
SPECIFICATIONS. POLE HEIGHT SHALL BE 13'-1" ABOVE GRADE.
LUMINAIRE SHALL BE ACORN STYLE POST-TOP LED WITH 5,100
LUMENS MAXIMUM, COLOR TEMPERATURE OF 3000K MAXIMUM,
AND TYPE III DIFFUSED LENS DISTRIBUTION WITH PHOTOCELL
CONTROL TO TURN ON AND OFF.
CONTRACTOR SHALL TRIM TREE(S) IN CONFLICT WITH STREET
LIGHT.
PROVIDE STREET LIGHT UNDERGROUND #3-1/2 PULL BOX. REFER
TO DETAIL GS-21 ON SHEET E303 FOR DETAILS. CONTRACTOR TO
REPLACE SIDEWALK PANEL(S) AFFECTED BY INSTALLATION OF
PULL BOX.
FURNISH AND INSTALL INLINE FUSE HOLDER AND 10A FUSE IN
PULL BOX FOR PERMANENT POWER TO LUMINAIRE SYSTEM PER
SDG&E REQUIREMENTS.
FURNISH AND INSTALL 1-1/4" CONDUIT. INSTALL 2#6
CONDUCTORS AND 1#6 GROUND IN CONDUIT.
CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATING
WITH SDG&E FOR JOINT MEETING IN FIELD FOR FINAL CONDUIT
SWEEPS AND PERMANENT POWER CONNECTION.
THE PRECISE LOCATION OF THE LIGHT POLE AND ITS FOOTING
MUST BE APPROVED IN ADVANCE BY THE CITY ENGINEER’S
REPRESENTATIVE. THIS APPROVAL IS REQUIRED BEFORE
INSTALLATION BEGINS.
IN CASES WHERE THE LIGHT POLE LOCATION CONFLICTS WITH
THE EXISTING FENCE, THE CONTRACTOR SHALL REMOVE AND
REINSTALL THE FENCE AS REQUIRED TO ENSURE PROPER
ALIGNMENT WITH THE DESIGNATED RIGHT-OF-WAY.
REPLACE THE SIDEWALK PANEL. REFER TO DETAIL G-07 ON
SHEET E303.
CONNECT TO SDG&E SERVICE POINT #12. COORDINATE WITH
SGD&E FOR EXACT REQUIREMENT PRIOR TO START WORK.
HANDHOLE 3309 (SDGE) TO BE INSTALLED BY THE ELECTRICAL
CONTRACTOR. CONTRACTOR SHALL COORDINATE WITH UTILITY
FOR ALL INSTALLATION REQUIREMENTS PRIOR TO START OF
WORK.
CONTRACTOR SHALL MAKE FINAL LIGHTING CONNECTIONS WITH
UTILTITY SERVICE POINT. COORDINATE ALL WORK WITH
ULTILITY.
4
5
6
7
8
9
10
11
12
JEFFERSON ST
5 TYP.6
43TYP.
87TYP.21
OA
K
A
V
E
PI
N
E
A
V
E
PED
CROSSING
C5
C5
C5
C5 C5
(E)
(SDRSD G-7)(SDRSD G-7)
C4C5C6
G1
2
G1
3
148'-2"94'-10"76'-0"
19
'
-
2
"
65
'
-
1
0
"
10TYP.
JEFFERSON ST
5 TYP.6
3
TYP.
4
1
TYP.
2 7 8
CH
E
S
N
U
T
A
V
E
PA
L
M
A
V
E
JEFFERSON ST
C13 C13 C13
(SDRSD G-7)(SDRSD G-7)(SDRSD G-7)
C1C2C3(E)(E) CARLSBAD CITY
LIGHT HANDHOLE
99'-0"43'-0"115'-0"
9 10TYP.
CARLSBAD BARRIO PEDESTRIAN LIGHTING PHASE II
®
Know what's below. Call before you dig.
www.imegcorp.com
PH: 858.368.340013400 SABRE SPRINGS
PARKWAY
SUITE 225
SAN DIEGO, CA
92128
4013 525-7
NO
R
T
H
NO
R
T
H
MA
T
C
H
L
I
N
E
S
E
E
A
B
O
V
E
R
I
G
H
T
MA
T
C
H
L
I
N
E
S
E
E
B
E
L
O
W
L
E
F
T
0
GRAPHIC SCALE IN FEET
201020 40
ELECTRICAL AND LIGHTING NOTES
2
3
1
GENERAL NOTES
A.DRAWINGS ARE DIAGRAMMATIC ONLY.
B.REFER TO SHEET E101 FOR GENERAL NOTES.
FURNISH AND INSTALL CONCRETE PEDESTRIAN SCALE LIGHT
STANDARD AND FOUNDATION PER PLAN AND PROJECT
SPECIFICATIONS. POLE HEIGHT SHALL BE 13'-1" ABOVE GRADE.
LUMINAIRE SHALL BE ACORN STYLE POST-TOP LED WITH 5,100
LUMENS MAXIMUM, COLOR TEMPERATURE OF 3000K MAXIMUM,
AND TYPE III DIFFUSED LENS DISTRIBUTION WITH PHOTOCELL
CONTROL TO TURN ON AND OFF.
CONTRACTOR SHALL TRIM TREE(S) IN CONFLICT WITH STREET
LIGHT.
PROVIDE STREET LIGHT UNDERGROUND #3-1/2 PULL BOX. REFER
TO DETAIL GS-21 ON SHEET E303 FOR DETAILS. CONTRACTOR TO
REPLACE SIDEWALK PANEL(S) AFFECTED BY INSTALLATION OF
PULL BOX.
FURNISH AND INSTALL INLINE FUSE HOLDER AND 10A FUSE IN
PULL BOX FOR PERMANENT POWER TO LUMINAIRE SYSTEM PER
SDG&E REQUIREMENTS.
FURNISH AND INSTALL 1-1/4" CONDUIT. INSTALL 2#6
CONDUCTORS AND 1#6 GROUND IN CONDUIT.
CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATING
WITH SDG&E FOR JOINT MEETING IN FIELD FOR FINAL CONDUIT
SWEEPS AND PERMANENT POWER CONNECTION.
THE PRECISE LOCATION OF THE LIGHT POLE AND ITS FOOTING
MUST BE APPROVED IN ADVANCE BY THE CITY ENGINEER’S
REPRESENTATIVE. THIS APPROVAL IS REQUIRED BEFORE
INSTALLATION BEGINS.
IN CASES WHERE THE LIGHT POLE LOCATION CONFLICTS WITH
THE EXISTING FENCE, THE CONTRACTOR SHALL REMOVE AND
REINSTALL THE FENCE AS REQUIRED TO ENSURE PROPER
ALIGNMENT WITH THE DESIGNATED RIGHT-OF-WAY.
CONNECT THE NEW PEDESTRIAN LIGHT POLE CIRCUIT TO THE
EXISTING CARLSBAD CITY LIGHT POLE HANDHOLE. ENSURE
COORDINATION WITH CARLSBAD CITY MAINTENANCE BEFORE
BEGINNING THE WORK.
REPLACE THE SIDEWALK PANEL. REFER TO DETAIL G-07 ON
SHEET E303.
4
5
6
7
8
9
10
MATCHLINE SEE SHEET E212
MATCHLINE SEE SHEET E212
OA
K
A
V
E
CA
R
L
S
B
A
D
V
I
L
L
A
G
E
D
R
HARDING ST
5 TYP.6 3 4 TYP.87TYP.21
JA
C
K
I
N
T
H
E
B
O
X
EN
T
R
A
N
C
E
/
E
X
I
T
HARDING ST
C6
C3a C3a C3a
D34D35D36
H16
80'-10"22'-0"97'-6"
30
4
3
30
5
5
10
HARDING ST
PI
N
E
A
V
E
43TYP.
65TYP.
87TYP.21
31
5
6
DR
I
V
E
W
A
Y
90
6
DR
I
V
E
W
A
Y
31
1
5
DR
I
V
E
W
A
Y
CH
U
R
C
H
HA
N
D
I
C
A
P
P
E
D
PA
R
K
I
N
G
CH
U
R
C
H
DO
O
R
S
C6 C6 C6 C9
C6 C6
(E)
(E)
(E
)
D29D30
D27D31D32D33
H16
(E) CARLSBAD CITY PULL BOX
N/E CORNER OF HARDING ST AND PINE AVE
(S/L PULL BOX)
120V
29'-10"1'-7"
38'-0"7'-8"8'-7"63'-5"
9
CARLSBAD BARRIO PEDESTRIAN LIGHTING PHASE II
®
Know what's below. Call before you dig.
www.imegcorp.com
PH: 858.368.340013400 SABRE SPRINGS
PARKWAY
SUITE 225
SAN DIEGO, CA
92128
4013 525-7
NO
R
T
H
NO
R
T
H
MA
T
C
H
L
I
N
E
S
E
E
A
B
O
V
E
R
I
G
H
T
MA
T
C
H
L
I
N
E
S
E
E
B
E
L
O
W
L
E
F
T
MA
T
C
H
L
I
N
E
S
E
E
S
H
E
E
T
E
2
0
8
0
GRAPHIC SCALE IN FEET
201020 40
ELECTRICAL AND LIGHTING NOTES
2
3
1
GENERAL NOTES
A.DRAWINGS ARE DIAGRAMMATIC ONLY.
B.REFER TO SHEET E101 FOR GENERAL NOTES.
FURNISH AND INSTALL CONCRETE PEDESTRIAN SCALE LIGHT
STANDARD AND FOUNDATION PER PLAN AND PROJECT
SPECIFICATIONS. POLE HEIGHT SHALL BE 13'-1" ABOVE GRADE.
LUMINAIRE SHALL BE ACORN STYLE POST-TOP LED WITH 5,100
LUMENS MAXIMUM, COLOR TEMPERATURE OF 3000K MAXIMUM,
AND TYPE III DIFFUSED LENS DISTRIBUTION WITH PHOTOCELL
CONTROL TO TURN ON AND OFF.
CONTRACTOR SHALL TRIM TREE(S) IN CONFLICT WITH STREET
LIGHT.
PROVIDE STREET LIGHT UNDERGROUND #3-1/2 PULL BOX. REFER
TO DETAIL GS-21 ON SHEET E303 FOR DETAILS. CONTRACTOR TO
REPLACE SIDEWALK PANEL(S) AFFECTED BY INSTALLATION OF
PULL BOX.
FURNISH AND INSTALL INLINE FUSE HOLDER AND 10A FUSE IN
PULL BOX FOR PERMANENT POWER TO LUMINAIRE SYSTEM PER
SDG&E REQUIREMENTS.
FURNISH AND INSTALL 1-1/4" CONDUIT. INSTALL 2#6
CONDUCTORS AND 1#6 GROUND IN CONDUIT.
CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATING
WITH SDG&E FOR JOINT MEETING IN FIELD FOR FINAL CONDUIT
SWEEPS AND PERMANENT POWER CONNECTION.
THE PRECISE LOCATION OF THE LIGHT POLE AND ITS FOOTING
MUST BE APPROVED IN ADVANCE BY THE CITY ENGINEER’S
REPRESENTATIVE. THIS APPROVAL IS REQUIRED BEFORE
INSTALLATION BEGINS.
IN CASES WHERE THE LIGHT POLE LOCATION CONFLICTS WITH
THE EXISTING FENCE, THE CONTRACTOR SHALL REMOVE AND
REINSTALL THE FENCE AS REQUIRED TO ENSURE PROPER
ALIGNMENT WITH THE DESIGNATED RIGHT-OF-WAY.
CONNECT THE NEW PEDESTRIAN LIGHT POLE CIRCUIT TO THE
EXISTING CARLSBAD CITY LIGHT POLE HANDHOLE. ENSURE
COORDINATION WITH CARLSBAD CITY MAINTENANCE BEFORE
BEGINNING THE WORK.
1-1/4" C. PROVIDE UNDERGOUND CONDUIT WITH PULL ROPE FOR
FUTURE WORK PER CITY REQUEST.
4
5
6
7
8
9
10
MATCHLINE SEE SHEET E211
HARDING ST
43TYP.
65TYP.
87TYP.21
32
4
4
DU
M
P
S
T
E
R
DR
I
V
E
W
A
Y
32
4
4
DR
I
V
E
W
A
Y
32
6
6
DR
I
V
E
W
A
Y
33
3
0
DR
I
V
E
W
A
Y
C9 C9 C9
C9 C9 C9 C9 C9
D19D21D22D24D26
D20D23D25
SDG&E
SERVICE
POINT #9
120V
7'-7"1'-6"8'-6"14'-0"31'-3"
8'-7"42'-1"9'-6"
9
1110
4'-0"
HARDING ST
CH
E
S
N
U
T
A
V
E
5 TYP.6
3
TYP.
4
1
TYP.
2 7 8
34
1
0
DR
I
V
E
W
A
Y
34
1
0
DR
I
V
E
W
A
Y
34
3
0
DR
I
V
E
W
A
Y
HARDING ST
C1
0
C10
C10
C10 C10 C10 C10 C10
D12D14D16D17D18
D13
D15
F1
2
4'-10"75'-3"79'-7"84'-7"20'-4"
15'-9"
80
'
-
0
"
5'
-
4
"
34
4
6
34
5
0
CARLSBAD BARRIO PEDESTRIAN LIGHTING PHASE II
®
Know what's below. Call before you dig.
www.imegcorp.com
PH: 858.368.340013400 SABRE SPRINGS
PARKWAY
SUITE 225
SAN DIEGO, CA
92128
4013 525-7
NO
R
T
H
NO
R
T
H
MA
T
C
H
L
I
N
E
S
E
E
A
B
O
V
E
R
I
G
H
T
MA
T
C
H
L
I
N
E
S
E
E
B
E
L
O
W
L
E
F
T
MA
T
C
H
L
I
N
E
S
E
E
S
H
E
E
T
E
2
0
9
0
GRAPHIC SCALE IN FEET
201020 40
MA
T
C
H
L
I
N
E
S
E
E
S
H
E
E
T
E
2
0
7
ELECTRICAL AND LIGHTING NOTES
2
3
1
GENERAL NOTES
A.DRAWINGS ARE DIAGRAMMATIC ONLY.
B.REFER TO SHEET E101 FOR GENERAL NOTES.
FURNISH AND INSTALL CONCRETE PEDESTRIAN SCALE LIGHT
STANDARD AND FOUNDATION PER PLAN AND PROJECT
SPECIFICATIONS. POLE HEIGHT SHALL BE 13'-1" ABOVE GRADE.
LUMINAIRE SHALL BE ACORN STYLE POST-TOP LED WITH 5,100
LUMENS MAXIMUM, COLOR TEMPERATURE OF 3000K MAXIMUM,
AND TYPE III DIFFUSED LENS DISTRIBUTION WITH PHOTOCELL
CONTROL TO TURN ON AND OFF.
CONTRACTOR SHALL TRIM TREE(S) IN CONFLICT WITH STREET
LIGHT.
PROVIDE STREET LIGHT UNDERGROUND #3-1/2 PULL BOX. REFER
TO DETAIL GS-21 ON SHEET E303 FOR DETAILS. CONTRACTOR TO
REPLACE SIDEWALK PANEL(S) AFFECTED BY INSTALLATION OF
PULL BOX.
FURNISH AND INSTALL INLINE FUSE HOLDER AND 10A FUSE IN
PULL BOX FOR PERMANENT POWER TO LUMINAIRE SYSTEM PER
SDG&E REQUIREMENTS.
FURNISH AND INSTALL 1-1/4" CONDUIT. INSTALL 2#6
CONDUCTORS AND 1#6 GROUND IN CONDUIT.
CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATING
WITH SDG&E FOR JOINT MEETING IN FIELD FOR FINAL CONDUIT
SWEEPS AND PERMANENT POWER CONNECTION.
THE PRECISE LOCATION OF THE LIGHT POLE AND ITS FOOTING
MUST BE APPROVED IN ADVANCE BY THE CITY ENGINEER’S
REPRESENTATIVE. THIS APPROVAL IS REQUIRED BEFORE
INSTALLATION BEGINS.
IN CASES WHERE THE LIGHT POLE LOCATION CONFLICTS WITH
THE EXISTING FENCE, THE CONTRACTOR SHALL REMOVE AND
REINSTALL THE FENCE AS REQUIRED TO ENSURE PROPER
ALIGNMENT WITH THE DESIGNATED RIGHT-OF-WAY.
CONNECT TO SDG&E SERVICE POINT #9. COORDINATE WITH
SGD&E FOR EXACT REQUIREMENT PRIOR TO START WORK.
HANDHOLE 3309 (SDGE) TO BE INSTALLED BY THE ELECTRICAL
CONTRACTOR. CONTRACTOR SHALL COORDINATE WITH UTILITY
FOR ALL INSTALLATION REQUIREMENTS PRIOR TO START OF
WORK.
CONTRACTOR SHALL MAKE FINAL LIGHTING CONNECTIONS WITH
UTILTITY SERVICE POINT. COORDINATE ALL WORK WITH
ULTILITY.
4
5
6
7
8
9
MATCHLINE SEE SHEET E214
10
11
PA
L
M
A
V
E
PA
L
M
A
V
E
AV
O
C
A
D
O
L
N
HARDING ST
87
43TYP.
65TYP.
TYP.21
34
8
4
DR
I
V
E
W
A
Y
91
0
DR
I
V
E
W
A
Y
35
3
5
DR
I
V
E
W
A
Y
C10 C14
C14
C14
C14
C1
4
C14
(SDRSD G-7)
(SDRSD G-7)
D10
D8
D9D13
D6
D7D11
SDG&E SERVICE POINT #14
120V
(E)
5'-4"
41'-0"115'-5"13'-2"
9'-6"
16'-6"
13
'
-
6
"
10
9 TYP.
4'
-
0
"
1211
HARDING ST
CA
M
E
L
L
I
A
PL
MA
G
N
O
L
I
A
AV
E
36
0
6
DR
I
V
E
W
A
Y
36
0
5
DR
I
V
E
W
A
Y
36
3
5
DR
I
V
E
W
A
Y
3
TYP.
4
1
TYP.
2 7 8
88
0
DR
I
V
E
W
A
Y
C14
(SDRSD G-7)
D4
D2
D5
(SDRSD G-7)
C14
C14
(SDRSD G-7)
(E)
T
10'-6"
23'-0"
65TYP.
35
6
8
DR
I
V
E
W
A
Y
AV
O
C
A
D
O
L
N
36
6
0
9 TYP.
CARLSBAD BARRIO PEDESTRIAN LIGHTING PHASE II
®
Know what's below. Call before you dig.
www.imegcorp.com
PH: 858.368.340013400 SABRE SPRINGS
PARKWAY
SUITE 225
SAN DIEGO, CA
92128
4013 525-7
NO
R
T
H
MA
T
C
H
L
I
N
E
S
E
E
S
H
E
E
T
E
2
0
8
0
GRAPHIC SCALE IN FEET
201020 40
MA
T
C
H
L
I
N
E
S
E
E
A
B
O
V
E
R
I
G
H
T
MA
T
C
H
L
I
N
E
S
E
E
B
E
L
O
W
L
E
F
T
NO
R
T
H
EL
E
C
T
R
I
C
A
L
A
N
D
L
I
G
H
T
I
N
G
N
O
T
E
S
2
3
FURNISH AND INSTALL CONCRETE PEDESTRIAN SCALE LIGHT
STANDARD AND FOUNDATION PER PLAN AND PROJECT
SPECIFICATIONS. POLE HEIGHT SHALL BE 13'-1" ABOVE GRADE.
LUMINAIRE SHALL BE ACORN STYLE POST-TOP LED WITH 5,100
LUMENS MAXIMUM, COLOR TEMPERATURE OF 3000K MAXIMUM,
AND TYPE III DIFFUSED LENS DISTRIBUTION WITH PHOTOCELL
CONTROL TO TURN ON AND OFF.
CONTRACTOR SHALL TRIM TREE(S) IN CONFLICT WITH STREET
LIGHT.
PROVIDE STREET LIGHT UNDERGROUND #3-1/2 PULL BOX.
REFER TO DETAIL GS-21 ON SHEET E303 FOR DETAILS.
CONTRACTOR TO REPLACE SIDEWALK PANEL(S) AFFECTED BY
INSTALLATION OF PULL BOX.
FURNISH AND INSTALL INLINE FUSE HOLDER AND 10A FUSE IN
PULL BOX FOR PERMANENT POWER TO LUMINAIRE SYSTEM
PER SDG&E REQUIREMENTS.
FURNISH AND INSTALL 1-1/4" CONDUIT. INSTALL 2#6
CONDUCTORS AND 1#6 GROUND IN CONDUIT.
CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATING
WITH SDG&E FOR JOINT MEETING IN FIELD FOR FINAL
CONDUIT SWEEPS AND PERMANENT POWER CONNECTION.
THE PRECISE LOCATION OF THE LIGHT POLE AND ITS FOOTING
MUST BE APPROVED IN ADVANCE BY THE CITY ENGINEER’S
REPRESENTATIVE. THIS APPROVAL IS REQUIRED BEFORE
INSTALLATION BEGINS.
IN CASES WHERE THE LIGHT POLE LOCATION CONFLICTS WITH
THE EXISTING FENCE, THE CONTRACTOR SHALL REMOVE AND
REINSTALL THE FENCE AS REQUIRED TO ENSURE PROPER
ALIGNMENT WITH THE DESIGNATED RIGHT-OF-WAY.
REPLACE THE SIDEWALK PANEL. REFER TO DETAIL G-07 ON
SHEET E303.
CONNECT TO SDG&E SERVICE POINT #14. COORDINATE WITH
SGD&E FOR EXACT REQUIREMENT PRIOR TO START WORK.
HANDHOLE 3309 (SDGE) TO BE INSTALLED BY THE ELECTRICAL
CONTRACTOR. CONTRACTOR SHALL COORDINATE WITH
UTILITY FOR ALL INSTALLATION REQUIREMENTS PRIOR TO
START OF WORK.
CONTRACTOR SHALL MAKE FINAL LIGHTING CONNECTIONS
WITH UTILTITY SERVICE POINT. COORDINATE ALL WORK WITH
ULTILITY.
1
GE
N
E
R
A
L
N
O
T
E
S
A.DRAWINGS ARE DIAGRAMMATIC ONLY.
B.REFER TO SHEET E101 FOR GENERAL NOTES.
4
5
6
7
8
MATCHLINE SEE SHEET E215
9
10
11
12
OAK AVE
TY
L
E
R
S
T
8TYP.7
4TYP.3
6TYP.5
21
AL
L
E
Y
RO
O
S
E
V
E
L
T
S
T
CI
R
C
L
E
K
DR
I
V
E
W
A
Y
C1a C1a C1a
C1b
(SDRSD G-7)(SDRSD G-7)(SDRSD G-7)(SDRSD G-7)
(SDRSD G-7)
H1 H2 H4
H3
(E) CARLSBAD CITY PULL BOX
3096 ROOSEVELT ST.
(N/E CORNER OF ROOSEVELT AND OAK
S/L PULL BOX)
120V
(E) CARLSBAD CITY PULL BOX
NORTH SIDE OF CIRCLE K STORE
(S/L PULL BOX)
120V
18'-6"10'-0"17'-0"21'-6"
8'-6"
9TYP.
OAK AVE
6TYP.5
AL
L
E
Y
AL
L
E
Y
M
A
D
I
S
O
N
S
T
67
3
DR
I
V
E
W
A
Y
AL
L
E
Y
AL
L
E
Y
C1a
C1b C1b
C1
a
C2 C2 C2
C2 C2
(SDRSD G-7)(SDRSD G-7)(SDRSD G-7)(SDRSD G-7)(SDRSD G-7)
(SDRSD G-7)(SDRSD G-7)
B1
7
H8 H10
H5 H6 H7 H9 H11
(E) CARLSBAD CITY PULL BOX
N/E CORNER OF MADISON ST. AND OAK AVE
(PULL BOX BEHIND UTILITY POLE)21'-6"
58'-0"38'-0"
7'-0"2'-0"
96'-9"10'-10"56'-0"
1 TYP.8
3 TYP.4
72
10 9TYP.
CARLSBAD BARRIO PEDESTRIAN LIGHTING PHASE II
®
Know what's below. Call before you dig.
www.imegcorp.com
PH: 858.368.340013400 SABRE SPRINGS
PARKWAY
SUITE 225
SAN DIEGO, CA
92128
4013 525-7
N
O
R
T
H
N
O
R
T
H
MA
T
C
H
L
I
N
E
S
E
E
A
B
O
V
E
R
I
G
H
T
MA
T
C
H
L
I
N
E
S
E
E
B
E
L
O
W
L
E
F
T
MA
T
C
H
L
I
N
E
S
E
E
S
H
E
E
T
E
2
1
1
0
GRAPHIC SCALE IN FEET
201020 40
ELECTRICAL AND LIGHTING NOTES
2
3
1
GENERAL NOTES
A.DRAWINGS ARE DIAGRAMMATIC ONLY.
B.REFER TO SHEET E101 FOR GENERAL NOTES.
FURNISH AND INSTALL CONCRETE PEDESTRIAN SCALE LIGHT
STANDARD AND FOUNDATION PER PLAN AND PROJECT
SPECIFICATIONS. POLE HEIGHT SHALL BE 13'-1" ABOVE GRADE.
LUMINAIRE SHALL BE ACORN STYLE POST-TOP LED WITH 5,100
LUMENS MAXIMUM, COLOR TEMPERATURE OF 3000K MAXIMUM,
AND TYPE III DIFFUSED LENS DISTRIBUTION WITH PHOTOCELL
CONTROL TO TURN ON AND OFF.
CONTRACTOR SHALL TRIM TREE(S) IN CONFLICT WITH STREET
LIGHT.
PROVIDE STREET LIGHT UNDERGROUND #3-1/2 PULL BOX. REFER
TO DETAIL GS-21 ON SHEET E303 FOR DETAILS. CONTRACTOR TO
REPLACE SIDEWALK PANEL(S) AFFECTED BY INSTALLATION OF
PULL BOX.
FURNISH AND INSTALL INLINE FUSE HOLDER AND 10A FUSE IN
PULL BOX FOR PERMANENT POWER TO LUMINAIRE SYSTEM PER
SDG&E REQUIREMENTS.
FURNISH AND INSTALL 1-1/4" CONDUIT. INSTALL 2#6
CONDUCTORS AND 1#6 GROUND IN CONDUIT.
CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATING
WITH SDG&E FOR JOINT MEETING IN FIELD FOR FINAL CONDUIT
SWEEPS AND PERMANENT POWER CONNECTION.
THE PRECISE LOCATION OF THE LIGHT POLE AND ITS FOOTING
MUST BE APPROVED IN ADVANCE BY THE CITY ENGINEER’S
REPRESENTATIVE. THIS APPROVAL IS REQUIRED BEFORE
INSTALLATION BEGINS.
IN CASES WHERE THE LIGHT POLE LOCATION CONFLICTS WITH
THE EXISTING FENCE, THE CONTRACTOR SHALL REMOVE AND
REINSTALL THE FENCE AS REQUIRED TO ENSURE PROPER
ALIGNMENT WITH THE DESIGNATED RIGHT-OF-WAY.
REPLACE THE SIDEWALK PANEL. REFER TO DETAIL G-07 ON
SHEET E303.
CONNECT THE NEW PEDESTRIAN LIGHT POLE CIRCUIT TO THE
EXISTING CARLSBAD CITY LIGHT POLE HANDHOLE. ENSURE
COORDINATION WITH CARLSBAD CITY MAINTENANCE BEFORE
BEGINNING THE WORK.
4
5
6
7
8
9
10
MATCHLINE SEE SHEET E203
MATCHLINE SEE SHEET E203
OAK AVE
8 74TYP.3
6TYP.5
3
4
TY
P
.
TYP.21
OAK AVE
JE
F
F
E
R
S
O
N
S
T
AL
L
E
Y
AL
L
E
Y
HA
R
D
I
N
G
S
T
C6 C6
C6
C6
C3
a
(E
)
(E)
D3
4
H15
H13 H14
H1
6
65'-0"47'-0"10'-10"
61'-0"
OAK AVE
AL
L
E
Y
PA
R
K
I
N
G
L
O
T
EN
T
R
A
N
C
E
93
7
DR
I
V
E
W
A
Y
94
7
DR
I
V
E
W
A
Y
95
1
DR
I
V
E
W
A
Y
C3b C3b C3b C3b
C3b C3b C3bH17H21H23
H18 H19 H20 H22
SDG&E SERVICE POINT #3
120V
1'-0"2'-4"2'-5"
63'-6"79'-0"5'-6"
6'-9"
87
4TYP.3
6TYP.5
TYP.21
9
1011
4'-0"
CARLSBAD BARRIO PEDESTRIAN LIGHTING PHASE II
®
Know what's below. Call before you dig.
www.imegcorp.com
PH: 858.368.340013400 SABRE SPRINGS
PARKWAY
SUITE 225
SAN DIEGO, CA
92128
4013 525-7
N
O
R
T
H
N
O
R
T
H
MA
T
C
H
L
I
N
E
S
E
E
A
B
O
V
E
R
I
G
H
T
MA
T
C
H
L
I
N
E
S
E
E
B
E
L
O
W
L
E
F
T
0
GRAPHIC SCALE IN FEET
201020 40
MA
T
C
H
L
I
N
E
S
E
E
S
H
E
E
T
E
2
1
0
ELECTRICAL AND LIGHTING NOTES
2
3
1
GENERAL NOTES
A.DRAWINGS ARE DIAGRAMMATIC ONLY.
B.REFER TO SHEET E101 FOR GENERAL NOTES.
FURNISH AND INSTALL CONCRETE PEDESTRIAN SCALE LIGHT
STANDARD AND FOUNDATION PER PLAN AND PROJECT
SPECIFICATIONS. POLE HEIGHT SHALL BE 13'-1" ABOVE GRADE.
LUMINAIRE SHALL BE ACORN STYLE POST-TOP LED WITH 5,100
LUMENS MAXIMUM, COLOR TEMPERATURE OF 3000K MAXIMUM,
AND TYPE III DIFFUSED LENS DISTRIBUTION WITH PHOTOCELL
CONTROL TO TURN ON AND OFF.
CONTRACTOR SHALL TRIM TREE(S) IN CONFLICT WITH STREET
LIGHT.
PROVIDE STREET LIGHT UNDERGROUND #3-1/2 PULL BOX. REFER
TO DETAIL GS-21 ON SHEET E303 FOR DETAILS. CONTRACTOR TO
REPLACE SIDEWALK PANEL(S) AFFECTED BY INSTALLATION OF
PULL BOX.
FURNISH AND INSTALL INLINE FUSE HOLDER AND 10A FUSE IN
PULL BOX FOR PERMANENT POWER TO LUMINAIRE SYSTEM PER
SDG&E REQUIREMENTS.
FURNISH AND INSTALL 1-1/4" CONDUIT. INSTALL 2#6
CONDUCTORS AND 1#6 GROUND IN CONDUIT.
CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATING
WITH SDG&E FOR JOINT MEETING IN FIELD FOR FINAL CONDUIT
SWEEPS AND PERMANENT POWER CONNECTION.
THE PRECISE LOCATION OF THE LIGHT POLE AND ITS FOOTING
MUST BE APPROVED IN ADVANCE BY THE CITY ENGINEER’S
REPRESENTATIVE. THIS APPROVAL IS REQUIRED BEFORE
INSTALLATION BEGINS.
IN CASES WHERE THE LIGHT POLE LOCATION CONFLICTS WITH
THE EXISTING FENCE, THE CONTRACTOR SHALL REMOVE AND
REINSTALL THE FENCE AS REQUIRED TO ENSURE PROPER
ALIGNMENT WITH THE DESIGNATED RIGHT-OF-WAY.
CONNECT TO SDG&E SERVICE POINT #3. COORDINATE WITH
SGD&E FOR EXACT REQUIREMENT PRIOR TO START WORK.
HANDHOLE 3309 (SDGE) TO BE INSTALLED BY THE ELECTRICAL
CONTRACTOR. CONTRACTOR SHALL COORDINATE WITH UTILITY
FOR ALL INSTALLATION REQUIREMENTS PRIOR TO START OF
WORK.
CONTRACTOR SHALL MAKE FINAL LIGHTING CONNECTIONS WITH
UTILTITY SERVICE POINT. COORDINATE ALL WORK WITH
ULTILITY.
4
5
6
7
8
9
MATCHLINE SEE SHEET E207
MATCHLINE SEE SHEET E207
10
11
PINE AVEPINE AVE
5 TYP.6
RO
O
S
E
V
E
L
T
S
T
63
0
DR
I
V
E
W
A
Y
65
0
DR
I
V
E
W
A
Y
AL
L
E
Y
M
A
D
I
S
O
N
S
T
73
5
DR
I
V
E
W
A
Y
73
0
DR
I
V
E
W
A
Y
C4a
C4a
C4aC4aC4a
(E)
(E
)
(E
)
(S
D
R
S
D
G
-
7
)
(SDRSD G-7)(SDRSD G-7)
(SDRSD G-7)
G2 G5 G8
G4
G9
21'-6"36'-0"16'-6"
8TYP.7
4TYP.3
21
47'-0"30'-6"
9TYP.
TY
P
.
12
JE
F
F
E
R
S
O
N
S
T
PINE AVE
AL
L
E
Y
AL
L
E
Y
PA
R
K
I
N
G
LO
T
PA
R
K
I
N
G
LO
T
PE
D
CR
O
S
S
I
N
G
SE
N
I
O
R
CE
N
T
E
R
AC
C
E
S
S
C5C5C5C5C5C4a
C5
G10
G14 G15G11G12G13
(E) CARLSBAD CITY PULL BOX
810 PINE AVE
(S/L PULL BOX)
120V
34'-9"
69'-2"17'-6"19'-2"65'-10"1'-0"
87
4TYP.3
6TYP.5
TYP.21
10
CARLSBAD BARRIO PEDESTRIAN LIGHTING PHASE II
®
Know what's below. Call before you dig.
www.imegcorp.com
PH: 858.368.340013400 SABRE SPRINGS
PARKWAY
SUITE 225
SAN DIEGO, CA
92128
4013 525-7
N
O
R
T
H
N
O
R
T
H
MA
T
C
H
L
I
N
E
S
E
E
A
B
O
V
E
R
I
G
H
T
MA
T
C
H
L
I
N
E
S
E
E
B
E
L
O
W
L
E
F
T
0
GRAPHIC SCALE IN FEET
201020 40
ELECTRICAL AND LIGHTING NOTES
2
3
1
GENERAL NOTES
A.DRAWINGS ARE DIAGRAMMATIC ONLY.
B.REFER TO SHEET E101 FOR GENERAL NOTES.
FURNISH AND INSTALL CONCRETE PEDESTRIAN SCALE LIGHT
STANDARD AND FOUNDATION PER PLAN AND PROJECT
SPECIFICATIONS. POLE HEIGHT SHALL BE 13'-1" ABOVE GRADE.
LUMINAIRE SHALL BE ACORN STYLE POST-TOP LED WITH 5,100
LUMENS MAXIMUM, COLOR TEMPERATURE OF 3000K MAXIMUM,
AND TYPE III DIFFUSED LENS DISTRIBUTION WITH PHOTOCELL
CONTROL TO TURN ON AND OFF.
CONTRACTOR SHALL TRIM TREE(S) IN CONFLICT WITH STREET
LIGHT.
PROVIDE STREET LIGHT UNDERGROUND #3-1/2 PULL BOX. REFER
TO DETAIL GS-21 ON SHEET E303 FOR DETAILS. CONTRACTOR TO
REPLACE SIDEWALK PANEL(S) AFFECTED BY INSTALLATION OF
PULL BOX.
FURNISH AND INSTALL INLINE FUSE HOLDER AND 10A FUSE IN
PULL BOX FOR PERMANENT POWER TO LUMINAIRE SYSTEM PER
SDG&E REQUIREMENTS.
FURNISH AND INSTALL 1-1/4" CONDUIT. INSTALL 2#6
CONDUCTORS AND 1#6 GROUND IN CONDUIT.
CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATING
WITH SDG&E FOR JOINT MEETING IN FIELD FOR FINAL CONDUIT
SWEEPS AND PERMANENT POWER CONNECTION.
THE PRECISE LOCATION OF THE LIGHT POLE AND ITS FOOTING
MUST BE APPROVED IN ADVANCE BY THE CITY ENGINEER’S
REPRESENTATIVE. THIS APPROVAL IS REQUIRED BEFORE
INSTALLATION BEGINS.
IN CASES WHERE THE LIGHT POLE LOCATION CONFLICTS WITH
THE EXISTING FENCE, THE CONTRACTOR SHALL REMOVE AND
REINSTALL THE FENCE AS REQUIRED TO ENSURE PROPER
ALIGNMENT WITH THE DESIGNATED RIGHT-OF-WAY.
REPLACE THE SIDEWALK PANEL. REFER TO DETAIL G-07 ON
SHEET E303.
CONNECT THE NEW PEDESTRIAN LIGHT POLE CIRCUIT TO THE
EXISTING CARLSBAD CITY LIGHT POLE HANDHOLE. ENSURE
COORDINATION WITH CARLSBAD CITY MAINTENANCE BEFORE
BEGINNING THE WORK.
4
5
6
7
8
9
10
MATCHLINE SEE SHEET E200 MATCHLINE SEE SHEET E203
MATCHLINE SEE SHEET E206
TY
L
E
R
S
T
87
4TYP.3
6TYP.5
TYP.21
CHESNUT AVE
RO
O
S
E
V
E
L
T
S
T
C7b
C7b
(E)
(E
)
(SDRSD G-7)
(SDRSD G-7)
F1
F2
41'-0"
96'-0"
9TYP.
CHESNUT AVE
CHESNUT AVE
87
4TYP.3
6TYP.5
TYP.21
RO
O
S
E
V
E
L
T
S
T
M
A
D
I
S
O
N
S
T
33
9
0
DR
I
V
E
W
A
Y
AL
L
E
Y
AL
L
E
Y
C7b C7b
C7b C7b
(E
)
(E
)
(E)
(E)(E)
(E
)
(SDRSD G-7)(SDRSD G-7)
(SDRSD G-7)(SDRSD G-7)
F5 F7
F4 F6
SDG&E SERVICE POINT #7
120V
25'-6"31'-0"
75'-0"10'-6"
63
0
65
8
66
1
10
9TYP.
1112
4'-0"
CARLSBAD BARRIO PEDESTRIAN LIGHTING PHASE II
®
Know what's below. Call before you dig.
www.imegcorp.com
PH: 858.368.340013400 SABRE SPRINGS
PARKWAY
SUITE 225
SAN DIEGO, CA
92128
4013 525-7
N
O
R
T
H
N
O
R
T
H
MA
T
C
H
L
I
N
E
S
E
E
A
B
O
V
E
R
I
G
H
T
MA
T
C
H
L
I
N
E
S
E
E
B
E
L
O
W
L
E
F
T
MA
T
C
H
L
I
N
E
S
E
E
S
H
E
E
T
E
2
1
4
0
GRAPHIC SCALE IN FEET
201020 40
ELECTRICAL AND LIGHTING NOTES
2
3
1
GENERAL NOTES
A.DRAWINGS ARE DIAGRAMMATIC ONLY.
B.REFER TO SHEET E101 FOR GENERAL NOTES.
FURNISH AND INSTALL CONCRETE PEDESTRIAN SCALE LIGHT
STANDARD AND FOUNDATION PER PLAN AND PROJECT
SPECIFICATIONS. POLE HEIGHT SHALL BE 13'-1" ABOVE GRADE.
LUMINAIRE SHALL BE ACORN STYLE POST-TOP LED WITH 5,100
LUMENS MAXIMUM, COLOR TEMPERATURE OF 3000K MAXIMUM,
AND TYPE III DIFFUSED LENS DISTRIBUTION WITH PHOTOCELL
CONTROL TO TURN ON AND OFF.
CONTRACTOR SHALL TRIM TREE(S) IN CONFLICT WITH STREET
LIGHT.
PROVIDE STREET LIGHT UNDERGROUND #3-1/2 PULL BOX. REFER
TO DETAIL GS-21 ON SHEET E303 FOR DETAILS. CONTRACTOR TO
REPLACE SIDEWALK PANEL(S) AFFECTED BY INSTALLATION OF
PULL BOX.
FURNISH AND INSTALL INLINE FUSE HOLDER AND 10A FUSE IN
PULL BOX FOR PERMANENT POWER TO LUMINAIRE SYSTEM PER
SDG&E REQUIREMENTS.
FURNISH AND INSTALL 1-1/4" CONDUIT. INSTALL 2#6
CONDUCTORS AND 1#6 GROUND IN CONDUIT.
CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATING
WITH SDG&E FOR JOINT MEETING IN FIELD FOR FINAL CONDUIT
SWEEPS AND PERMANENT POWER CONNECTION.
THE PRECISE LOCATION OF THE LIGHT POLE AND ITS FOOTING
MUST BE APPROVED IN ADVANCE BY THE CITY ENGINEER’S
REPRESENTATIVE. THIS APPROVAL IS REQUIRED BEFORE
INSTALLATION BEGINS.
IN CASES WHERE THE LIGHT POLE LOCATION CONFLICTS WITH
THE EXISTING FENCE, THE CONTRACTOR SHALL REMOVE AND
REINSTALL THE FENCE AS REQUIRED TO ENSURE PROPER
ALIGNMENT WITH THE DESIGNATED RIGHT-OF-WAY.
REPLACE THE SIDEWALK PANEL. REFER TO DETAIL G-07 ON
SHEET E303.
CONNECT TO SDG&E SERVICE POINT #7. COORDINATE WITH
SGD&E FOR EXACT REQUIREMENT PRIOR TO START WORK.
HANDHOLE 3309 (SDGE) TO BE INSTALLED BY THE ELECTRICAL
CONTRACTOR. CONTRACTOR SHALL COORDINATE WITH UTILITY
FOR ALL INSTALLATION REQUIREMENTS PRIOR TO START OF
WORK.
CONTRACTOR SHALL MAKE FINAL LIGHTING CONNECTIONS WITH
UTILTITY SERVICE POINT. COORDINATE ALL WORK WITH
ULTILITY.
4
5
6
7
8
9
10
11
12
1 TYP.2
3 TYP.4
7 8
CHESNUT AVE
JE
F
F
E
R
S
O
N
S
T
C7b
F10
(E
)
52'-0"
CHESNUT AVE CHESNUT AVE
87
4TYP.3
6 TYP.5
TYP.21
3410
DRIVEWAY
HA
R
D
I
N
G
S
T
TH
E
H
I
D
E
A
W
A
Y
A
P
T
S
DR
I
V
E
W
A
Y
TH
E
H
I
D
E
A
W
A
Y
A
P
T
S
DR
I
V
E
W
A
Y
94
5
D
R
I
V
E
W
A
Y
C10 C10
C10 C10
C10
C1
0
D1
5
F12 F13 F16
F14 F15
SDG&E SERVICE POINT #10
120V
84
'
-
7
"
15
'
-
9
"
35'-6"3'-10"
3'-6"
80'-0"5'-4"
91011
4'-0"
CARLSBAD BARRIO PEDESTRIAN LIGHTING PHASE II
®
Know what's below. Call before you dig.
www.imegcorp.com
PH: 858.368.340013400 SABRE SPRINGS
PARKWAY
SUITE 225
SAN DIEGO, CA
92128
4013 525-7
N
O
R
T
H
N
O
R
T
H
MA
T
C
H
L
I
N
E
S
E
E
A
B
O
V
E
R
I
G
H
T
MA
T
C
H
L
I
N
E
S
E
E
B
E
L
O
W
L
E
F
T
0
GRAPHIC SCALE IN FEET
201020 40
MA
T
C
H
L
I
N
E
S
E
E
S
H
E
E
T
E
2
1
3
ELECTRICAL AND LIGHTING NOTES
2
3
1
GENERAL NOTES
A.DRAWINGS ARE DIAGRAMMATIC ONLY.
B.REFER TO SHEET E101 FOR GENERAL NOTES.
FURNISH AND INSTALL CONCRETE PEDESTRIAN SCALE LIGHT
STANDARD AND FOUNDATION PER PLAN AND PROJECT
SPECIFICATIONS. POLE HEIGHT SHALL BE 13'-1" ABOVE GRADE.
LUMINAIRE SHALL BE ACORN STYLE POST-TOP LED WITH 5,100
LUMENS MAXIMUM, COLOR TEMPERATURE OF 3000K MAXIMUM,
AND TYPE III DIFFUSED LENS DISTRIBUTION WITH PHOTOCELL
CONTROL TO TURN ON AND OFF.
CONTRACTOR SHALL TRIM TREE(S) IN CONFLICT WITH STREET
LIGHT.
PROVIDE STREET LIGHT UNDERGROUND #3-1/2 PULL BOX. REFER
TO DETAIL GS-21 ON SHEET E303 FOR DETAILS. CONTRACTOR TO
REPLACE SIDEWALK PANEL(S) AFFECTED BY INSTALLATION OF
PULL BOX.
FURNISH AND INSTALL INLINE FUSE HOLDER AND 10A FUSE IN
PULL BOX FOR PERMANENT POWER TO LUMINAIRE SYSTEM PER
SDG&E REQUIREMENTS.
FURNISH AND INSTALL 1-1/4" CONDUIT. INSTALL 2#6
CONDUCTORS AND 1#6 GROUND IN CONDUIT.
CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATING
WITH SDG&E FOR JOINT MEETING IN FIELD FOR FINAL CONDUIT
SWEEPS AND PERMANENT POWER CONNECTION.
THE PRECISE LOCATION OF THE LIGHT POLE AND ITS FOOTING
MUST BE APPROVED IN ADVANCE BY THE CITY ENGINEER’S
REPRESENTATIVE. THIS APPROVAL IS REQUIRED BEFORE
INSTALLATION BEGINS.
IN CASES WHERE THE LIGHT POLE LOCATION CONFLICTS WITH
THE EXISTING FENCE, THE CONTRACTOR SHALL REMOVE AND
REINSTALL THE FENCE AS REQUIRED TO ENSURE PROPER
ALIGNMENT WITH THE DESIGNATED RIGHT-OF-WAY.
CONNECT TO SDG&E SERVICE POINT #10. COORDINATE WITH
SGD&E FOR EXACT REQUIREMENT PRIOR TO START WORK.
HANDHOLE 3309 (SDGE) TO BE INSTALLED BY THE ELECTRICAL
CONTRACTOR. CONTRACTOR SHALL COORDINATE WITH UTILITY
FOR ALL INSTALLATION REQUIREMENTS PRIOR TO START OF
WORK.
CONTRACTOR SHALL MAKE FINAL LIGHTING CONNECTIONS WITH
UTILTITY SERVICE POINT. COORDINATE ALL WORK WITH
ULTILITY.
4
5
6
7
8
9
MATCHLINE SEE SHEET E208
MATCHLINE SEE SHEET E208
10
11
MAGNOLIA
AVE
43TYP.
87TYP.
65TYP.
21
F
I
R
E
H
Y
D
R
A
N
T
72
0
DR
I
V
E
W
A
Y
C15C11C11
C
1
2
(
S
D
R
S
D
G
-
7
)
(SDRSD G-7)(SDRSD G-7)
(SDRSD G-7)
E4
E
3
E2E1
127'-1"
177'-8"50'-5"
9 TYP.
MAGN
O
L
I
A
AVE
MAGNOLIA
AVE
43TYP.
87
65TYP.
TYP.21
76
8
/
7
7
0
DR
I
V
E
W
A
Y
78
8
/
7
9
0
DR
I
V
E
W
A
Y
M
A
R
K
E
D
C
R
O
S
S
W
A
L
K
8
8
0
C
R
O
S
S
W
A
L
K
C15 C15
C15
C15
(SDRSD G-7)(SDRSD G-7)
(SDR
S
D
G
-
7
)
(SDR
S
D
G
-
7
)
E5 E6
E7
E8
(E) SDG&E XFMR
D241756
303-1477
(E) SDG&E
LIGHT HANDHOLE
T
53'-5"
3'-2"
4'-3"
11'-9"
J
E
F
F
E
R
S
O
N
S
T
9 TYP.
CARLSBAD BARRIO PEDESTRIAN LIGHTING PHASE II
®
Know what's below. Call before you dig.
www.imegcorp.com
PH: 858.368.340013400 SABRE SPRINGS
PARKWAY
SUITE 225
SAN DIEGO, CA
92128
4013 525-7
NORTH
MA
T
C
H
L
I
N
E
S
E
E
A
B
O
V
E
R
I
G
H
T
MA
T
C
H
L
I
N
E
S
E
E
B
E
L
O
W
L
E
F
T
0
GRAPHIC SCALE IN FEET
201020 40
NORTH
ELECTRICAL AND LIGHTING NOTES
2
3
1
GENERAL NOTES
A.DRAWINGS ARE DIAGRAMMATIC ONLY.
B.REFER TO SHEET E101 FOR GENERAL NOTES.
FURNISH AND INSTALL CONCRETE PEDESTRIAN SCALE LIGHT
STANDARD AND FOUNDATION PER PLAN AND PROJECT
SPECIFICATIONS. POLE HEIGHT SHALL BE 13'-1" ABOVE GRADE.
LUMINAIRE SHALL BE ACORN STYLE POST-TOP LED WITH 5,100
LUMENS MAXIMUM, COLOR TEMPERATURE OF 3000K MAXIMUM,
AND TYPE III DIFFUSED LENS DISTRIBUTION WITH PHOTOCELL
CONTROL TO TURN ON AND OFF.
CONTRACTOR SHALL TRIM TREE(S) IN CONFLICT WITH STREET
LIGHT.
PROVIDE STREET LIGHT UNDERGROUND #3-1/2 PULL BOX. REFER
TO DETAIL GS-21 ON SHEET E303 FOR DETAILS. CONTRACTOR TO
REPLACE SIDEWALK PANEL(S) AFFECTED BY INSTALLATION OF
PULL BOX.
FURNISH AND INSTALL INLINE FUSE HOLDER AND 10A FUSE IN
PULL BOX FOR PERMANENT POWER TO LUMINAIRE SYSTEM PER
SDG&E REQUIREMENTS.
FURNISH AND INSTALL 1-1/4" CONDUIT. INSTALL 2#6
CONDUCTORS AND 1#6 GROUND IN CONDUIT.
CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATING
WITH SDG&E FOR JOINT MEETING IN FIELD FOR FINAL CONDUIT
SWEEPS AND PERMANENT POWER CONNECTION.
THE PRECISE LOCATION OF THE LIGHT POLE AND ITS FOOTING
MUST BE APPROVED IN ADVANCE BY THE CITY ENGINEER’S
REPRESENTATIVE. THIS APPROVAL IS REQUIRED BEFORE
INSTALLATION BEGINS.
IN CASES WHERE THE LIGHT POLE LOCATION CONFLICTS WITH
THE EXISTING FENCE, THE CONTRACTOR SHALL REMOVE AND
REINSTALL THE FENCE AS REQUIRED TO ENSURE PROPER
ALIGNMENT WITH THE DESIGNATED RIGHT-OF-WAY.
REPLACE THE SIDEWALK PANEL. REFER TO DETAIL G-07 ON
SHEET E303.
4
5
6
7
8
MA
T
C
H
L
I
N
E
S
E
E
S
H
E
E
T
E
2
0
9
9
MA
T
C
H
L
I
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E
S
E
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S
H
E
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2
0
2
MATCHLINE SEE SHEET E205
CARLSBAD BARRIO PEDESTRIAN LIGHTING PHASE II
®
Know what's below. Call before you dig.
www.imegcorp.com
PH: 858.368.340013400 SABRE SPRINGS
PARKWAY
SUITE 225
SAN DIEGO, CA
92128
4013 525-7
24" MIN.
6" MAX
NATIVE
BACKFILL
COMPACTED
TO 95%
PVC SCHEDULE 40
CONDUIT/WIRE PER
SITE PLAN (TYPICAL)
CONTINUOUS
ELECTRICALLY
DETECTABLE
YELLOW PLASTIC
WARNING TAPE
FINISHED GRADE
SCALE: NONE
1
24" MIN.
6" MAX
NATIVE
BACKFILL
COMPACTED
TO 95%
PVC SCHEDULE 40
CONDUIT/WIRE PER
SITE PLAN (TYPICAL)
CONTINUOUS
ELECTRICALLY
DETECTABLE
YELLOW PLASTIC
WARNING TAPE
FINISHED GRADE
3"3"2"
SCALE: NONE
2
CONTRACTOR SHALL PROVIDE SHOP
DRAWING OF EXACT REQUIREMENTS
OF FOOTING STAMPED AND SIGNED
BY A REGISTERED CALIFORNIA
STRUCTURAL ENGINEER
NOTES:
POLE - 12 FOOT, NOMINAL HEIGHT, 4" DIA. ROUND POLE, 11 GAUGE, CAST ALUMINUM.
FINISH SHALL BE POWDER COAT FINISH OVER 2 COATS OF 5% ZINC OXIDE PRIMER, 2 MILS
THICKNESS DRY. POLE AND FIXTURE SHALL BE COLOR TO BE FROM SAME
MANUFACTURER.
POLE BUTT BASE PER MANUFACTURER, FINISHED SAME AS POLE, WITH 2-PIECE STEEL
BASE CANOPY COVER FINISHED SAME AS POLE. CANOPY COVER SHALL BE SECURED WITH
TAMPER-PROOF 316 STAINLESS STEEL BOLTS.
POURED IN PLACE ROUND CONCRETE SUPPORT BASE.
REINFORCED BASKET, FABRICATED FROM RE-BAR, (6) #6 VERTICAL AND #3 TIES AT 12" O.C.
ANCHOR BOLTS. QUANTITY, SIZE AND TENSILE STRENGTH DETERMINED BY
POLE/LUMINAIRE MFGR. TO CONFORM TO SPECIFIED WIND LOAD CRITERIA. ANCHOR BOLTS
SHALL EXTEND CONTINUOUSLY FROM POLE BASE ATTACHMENT POINTS TO WITHIN 6"
FROM BOTTOM OF CONCRETE BASE.
FOLLOWING INSTALLATION AND LEVELING OF POLE/LUMINAIRE ASSEMBLY, GROUT-IN ALL
AROUND BETWEEN BOTTOM OF POLE BASE AND TOP OF CONCRETE BASE.
STUB SERVICE CONDUIT UP INTO POLE BASE WIRING CAVITY AND BUSH.
PROVIDE SUPPORT AND LEVELING NUTS AT TOP AND BOTTOM OF POLE BASE PLATE. TWO
NUTS PER ANCHOR BOLT. BOLT SPACING PER MOUNTING PLATE.
TYPICAL 3/4" PVC, 2#12 AND 1#12 GND. SOLID CONDUCTOR TO LIGHT FIXTURE.
TYPICAL INCOMING EXTERIOR BRANCH CIRCUIT CONDUIT AND WIRING.
1-1/4" PVC, 2#6 AND 1#6 GND.
TOP OF FINISH GRADE.
TYPICAL GRADE MOUNTED JUNCTION BOX.
3#3 TIES WITHIN TOP 6" OF BASE STRUCTURE.
IN LINE WATER TIGHT FUSE HOLDER WITH FUSE. SIZE FUSE PER MANUFACTURERS
RECOMMENDATIONS. LOCATE IN HANDHOLE.
CONCRETE MIX SHALL BE 4000 LB.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
2#10 AND 1#10 GND.
INSULATED SOLID
CONDUCTOR TO
LIGHT FIXTURE
10
111214
8
6
2
13
4
3
5
9
1
(TYP)
3'-0" MIN.
2"
1'-4"
24"
TYPE 'B' FIXTURE BASE DETAIL
SCALE: NONE
4
TYPICAL UNDERGROUND SITE LIGHTING
RACEWAY INSTALLATION DETAIL
TYPICAL UNDERGROUND SITE LIGHTING
RACEWAY INSTALLATION DETAIL
3 -#3 TIES WITHIN TOP
6" OF BASE STRUCTURE
6 -#5 VERTICAL REBAR
CAGE
#3 TIES @ 12" OC
3/4" X 10'-0"
COPPERCLAD GROUND
ROD. EXTEND 3" ABOVE
GRAVEL BASE.
THERMOWELD
CONNECTION
NOT USED
SCALE: NONE
3
GROUNDING LUG
BONDED TO POLE
INTERIOR NEAR
HANDHOLE
GROUND WIRE
HANDHOLE WITH
GASKET
CARLSBAD BARRIO PEDESTRIAN LIGHTING PHASE II
®
Know what's below. Call before you dig.
www.imegcorp.com
PH: 858.368.340013400 SABRE SPRINGS
PARKWAY
SUITE 225
SAN DIEGO, CA
92128
4013 525-7
CARLSBAD BARRIO PEDESTRIAN LIGHTING PHASE II
®
Know what's below. Call before you dig.
www.imegcorp.com
PH: 858.368.340013400 SABRE SPRINGS
PARKWAY
SUITE 225
SAN DIEGO, CA
92128
4013 525-7
CARLSBAD BARRIO PEDESTRIAN LIGHTING PHASE II
®
Know what's below. Call before you dig.
www.imegcorp.com
PH: 858.368.340013400 SABRE SPRINGS
PARKWAY
SUITE 225
SAN DIEGO, CA
92128
4013 525-7
CPFCDSL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 1
CITY OF CARLSBAD
San Diego County
California
CONTRACT DOCUMENTS,
GENERAL PROVISIONS, SUPPLEMENTAL
PROVISIONS, AND TECHNICAL
SPECIFICATIONS
FOR
CPFCDSL 5308(027) FUNDED PROJECT
BARRIO STREET LIGHTING PROJECT
CONTRACT NO. 4013
PWS25-XXXXTRAN
THIS PROJECT IS A FEDERAL PREVAILING WAGE JOB
Federal Wage Determination Applies
THIS CONTRACT WILL BE SUBJECT TO THE FOLLOWING:
o PREVAILING WAGE RATES: STATE
o FEDERAL TRAINEE REQUIREMENT OF (2) TWO
o APPRENTICESHIP
o THIS IS A COMMUNITY PROJECT FUNDING / CONGRESSIONALLY DIRECTED SPENDING
(CPFCDS)
o CALTRANS DIVISION OF LOCAL ASSISTANCE (DLA)
o LOCAL ASSISTANCE PROCEDURES MANUAL (LAPM)
CPFCDSL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 2
TABLE OF CONTENTS
Item Page
Notice Inviting Bids ..................................................................................................................... 6
Contractor's Proposal ................................................................................................................ 14
Bid Security Form ..................................................................................................................... 33
Bidder’s Bond To Accompany Proposal .................................................................................... 34
Federal Lobbying Restrictions ................................................................................................... 35
Disadvantaged Business Enterprise (DBE) ............................................................................... 36
Guide For Completing the “Designation of Subcontractors” Form ............................................. 37
Guide For Completing the “Designation of Subcontractor and Amount of Subcontractor’s
Bid Items” and “Designation of Owner Operator/Lessor and Amount of Owner
Operator/Lessor Work” Forms ................................................................................................ 39
Designation of Subcontractor and Amount of Subcontractor’s Bid Items ................................... 41
Bidder's Statement of Financial Responsibility .......................................................................... 42
Bidder's Statement of Technical Ability and Experience ............................................................ 43
Bidder's Certificate of Insurance for General Liability, Employers’ Liability, Automotive
Liability and Workers’ Compensation ..................................................................................... 44
Bidder’s Statement of Re Debarment ........................................................................................ 45
Bidder's Disclosure of Discipline Record ................................................................................... 46
Non collusion Declaration to Be Executed By Bidder and Submitted With Bid .......................... 48
Contract Public Works ............................................................................................................... 49
Labor and Materials Bond ......................................................................................................... 56
Faithful Performance/Warranty Bond ........................................................................................ 58
Optional Escrow Agreement for Surety Deposits In Lieu of Retention ....................................... 60
CPFCDSL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 3
SUPPLEMENTAL PROVISIONS
Part 1 General Provisions
Section 1 Terms, Definitions Abbreviations and Symbols
1-1 Terms ................................................................................................................ 63
1-2 Definitions .......................................................................................................... 64
1-3 Abbreviations ..................................................................................................... 68
Section 2 Scope and Control of the Work
2-3 Subcontracts ...................................................................................................... 73
2-4 Contract Bonds .................................................................................................. 74
2-5 Plans and Specifications .................................................................................... 75
2-9 Surveying ........................................................................................................... 80
2-10 Authority of Board and Engineer ........................................................................ 84
Section 3 Changes In Work
3-2 Changes Initiated by the Agency ........................................................................ 86
3-3 Extra Work ......................................................................................................... 87
3-4 Changed Conditions .......................................................................................... 90
3-5 Disputed Work ................................................................................................... 91
Section 4 Control of Materials
4-1 Materials and Workmanship ............................................................................... 97
4-2 Materials Transportation, Handling and Storage .............................................. 101
Section 5 Utilities
5-1 Location ........................................................................................................... 103
5-4 Relocation ........................................................................................................ 104
5-6 Cooperation ..................................................................................................... 106
Section 6 Prosecution, Progress and Acceptance of the Work
6-1 Construction Schedule and Commencement of Work ...................................... 106
6-2 Prosecution of Work ......................................................................................... 111
6-6 Delays and Extensions of Time ........................................................................ 113
6-7 Time of Completion .......................................................................................... 114
6-8 Completion, Acceptance, and Warranty ........................................................... 115
6-9 Liquidated Damages ........................................................................................ 116
Section 7 Responsibilities of the Contractor
7-3 Liability Insurance ............................................................................................ 118
7-4 Workers' Compensation Insurance .................................................................. 118
7-5 Permits ............................................................................................................ 118
7-7 Cooperation and Collateral Work ..................................................................... 119
7-8 Project Site Maintenance ................................................................................. 120
7-10 Public Convenience and Safety ....................................................................... 123
7-13 Laws To Be Observed ..................................................................................... 133
7-15 Prevailing Wage ............................................................................................... 133
7-16 Public Safety .................................................................................................... 134
7-17 Buy America Requirements ............................................................................. 135
7-18 Removal of Asbestos and Hazardous Substances ........................................... 137
CPFCDSL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 4
7-19 Subcontractor and DBE Records ..................................................................... 137
7-20 Subcontracting ................................................................................................. 138
7-21 Prompt Progress Payment to Subcontractors .................................................. 138
7-22 Prompt Payment of Withheld Funds to Subcontractors .................................... 139
Section 8 Facilities for Agency Personnel ........................................................................ 140
Section 9 Measurement and Payment
9-1 Measurement of Quantities For Unit Price Work .............................................. 141
9-3 Payment .......................................................................................................... 141
9-4 Bid Items .......................................................................................................... 145
Section 10 Federal Requirements for Federal-Aid Construction Project ............................ 149
Part 2 Construction Materials
Section 200 Rock Materials
200-2 Untreated Base Materials ................................................................................. 150
Section 201 Concrete, Mortar and Related Materials
201-1 Portland Cement Concrete .............................................................................. 151
Section 203 Bituminous Materials
203-6 Asphalt Concrete ............................................................................................. 153
Section 213 Engineering Fabrics
213-6 Erosion Control Specialties .............................................................................. 159
Section 214 Pavement Markers
214-6 Pavement Markers ........................................................................................... 159
PART 3 Construction Methods
Section 300 Earthwork
300-1 Clearing and Grubbing ..................................................................................... 161
Section 301 Treated Soil, Subgrade Preparation and Placement of Base Materials
301-1 Subgrade Preparation ...................................................................................... 162
Section 303 Concrete and Masonry Construction.
303-5 Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections,
Access Ramps, and Driveways ..................................................................... 160
Section 306 Underground Conduit Construction
306-3 Trench Excavation ........................................................................................... 164
Section 308 Microtunneling
308-6 Subsurface Conditions ..................................................................................... 165
Section 314 Traffic Striping, Curb and Pavement Markings, and Pavement Markers
CPFCDSL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 5
314-2 Removal of Traffic Striping and Curb and Pavement Markings ........................ 166
314-5 Pavement Markers ........................................................................................... 166
PART 4 Existing Improvements
Section 400 Protection and Restoration
400-2 Permanent Survey Markers ............................................................................. 167
Section 401 Removal
401-2 Asphalt Concrete Pavement ............................................................................ 167
401-3 Concrete and Masonry Improvements ............................................................. 167
Section 402 Utilities
402-1 Location ........................................................................................................... 168
402-2 Protection ........................................................................................................ 168
402-4 Relocation ........................................................................................................ 168
402-5 Delays Due to Utility Conflicts .......................................................................... 169
402-6 Cooperation ..................................................................................................... 169
PART 7 Street Lighting and Traffic Signal Systems
Section 700 Materials .......................................................................................................... 170
APPENDICES
Appendix A – Resident Notification Example ...................... ................................................... 173
Appendix B – LAPM Exhibit 12 G ........................................ ................................................... 174
Appendix C – FHWA 1273 .................................................. ................................................... 175
Appendix D – CARB Fleet Compliance Certification ........... ................................................... 176
CPFCDSL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 6
CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Until 11 a.m. on August XX, 2025, the City shall accept sealed bids via electronic format via the
City of Carlsbad Electronic Bidding Site, PlanetBids which may be accessed at
https://www.carlsabdca.gov/depts/finance/contracting/bids.asp for performing the work as
follows: furnishing and installing street lights, conduit, electrical equipment and asphalt concrete
and Portland Cement Concrete (P.C.C) surface improvements, throughout the Barrio
Neighborhood as shown in the Construction Documents.
BARRIO STREET LIGHTING
CONTRACT NO. 4013
BID NO. PWS25-XXXXTRAN
ELECTRONIC FORMAT RECEIPT AND OPENING OF BIDS: Bids will be received in
electronic format (eBids) EXCLUSIVELY at the City of Carlsbad’s electronic bidding
(eBidding) site, at: https://www.carlsbadca.gov/services/depts/finance/contracting/default.asp
and are due by the date and time shown on the cover of this solicitation.
BIDDERS MUST BE PRE-REGISTERED with the City’s bidding system and possess a
system-assigned Digital ID in order to submit an electronic bid.
The City’s electronic bidding (eBidding) system will automatically track information submitted to
the site including IP addresses, browsers being used and the URLs from which information was
submitted. In addition, the City’s bidding system will keep a history of every login instance
including the time of login, and other information about the user's computer configuration such as
the operating system, browser type, version, and more. Because of these security features,
Bidders who disable their browsers’ cookies will not be able to log in and use the City’s bidding
system.
The City’s electronic bidding system is responsible for bid tabulations. Upon the bidder’s or
proposer’s entry of their bid, the system will ensure that all required fields are entered. The system
will not accept a bid for which any required information is missing. This includes all necessary
pricing, subcontractor listing(s) and any other essential documentation and supporting materials
and forms requested or contained in these solicitation documents.
BIDS REMAIN SEALED UNTIL DUE DATE AND TIME
eBids are transmitted into the City’s bidding system via hypertext transfer protocol secure (https)
mechanism using SSL 128-256-bit security certificates issued from Verisign/Thawte which
encrypts data being transferred from client to server. Bids submitted prior to the Due Date and
Time are not available for review by anyone other than the submitter, who will have until the Due
Date and Time to change, rescind or retrieve its bid should they desire to do so.
BIDS MUST BE SUBMITTED BY DUE DATE AND TIME
Once the deadline is reached, no further submissions are accepted into the system. Once the
Due Date and Time has passed, bidders, proposers, the general public, and City staff are able to
immediately see the results online. City staff may then begin reviewing the submissions for
responsiveness, compliance and other issues.
CPFCDSL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 7
RECAPITULATION OF THE WORK
Bids shall not contain any recapitulation of the Work. Conditional Bids may be rejected as being
non-responsive. Alternative proposals will not be considered unless called for.
BIDS MAY BE WITHDRAWN by the Bidder prior to, but not after, the time set as Due Date
and Time.
Important Note: Submission of the electronic bid into the system may not be instantaneous. Due
to the speed and capabilities of the user’s internet service provider (ISP), bandwidth, computer
hardware and other variables, it may take time for the bidder’s submission to upload and be
received by the City’s eBidding system. It is the bidder’s sole responsibility to ensure their bids
are received on time by the City’s eBidding system. The City of Carlsbad is not responsible for
bids that do not arrive by the Due Date and Time.
ELECTRONIC SUBMISSIONS CARRY FULL FORCE AND EFFECT
The Bidder, by submitting their electronic proposal, agrees to and certifies under penalty of perjury
under the laws of the State of California, that the certification, forms and affidavits submitted as
part of this proposal are true and correct. The bidder, by submitting its electronic bid,
acknowledges that doing so carries the same force and full legal effect as a paper submission
with a longhand (wet) signature. By submitting an electronic bid, the bidder certifies that the bidder
has thoroughly examined and understands the entire Contract Documents (which consist of the
plans and specifications, drawings, forms, affidavits and the solicitation documents), and that by
submitting the eBid as its bid proposal, the bidder acknowledges, agrees to and is bound by the
entire Contract Documents, including any addenda issued thereto, and incorporated by reference
in the Contract Documents.
BIDS ARE PUBLIC RECORDS
Upon receipt by the City, bids shall become public records subject to public disclosure. It is the
responsibility of the Bidder to clearly identify any confidential, proprietary, trade secret or
otherwise legally privileged information contained within the proposal’s General references to
sections of the California Public Records Act (PRA) will not suffice. If the Bidder does not provide
applicable case law that clearly establishes that the requested information is exempt from the
disclosure requirements of the PRA, the City shall be free to release the information when required
in accordance with the PRA, pursuant to any other applicable law, or by order of any court or
government agency, and the Bidder agrees to hold the City harmless for any such release of this
information.
This bid and the terms of the Contract Documents and Supplemental Provisions constitute an
irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional
time as may be mutually agreed upon by the City of Carlsbad and the Bidder.
INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS
This bid and the terms of the Contract Documents and General Provisions constitute an
irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional
time as may be mutually agreed upon by the City of Carlsbad and the Bidder.
No bid will be received unless it is made on a proposal form furnished by the Purchasing
Department. Each bid must be accompanied by security in a form and amount required by law.
The bidder's security of the second and third next lowest responsive bidders may be withheld until
the Contract has been fully executed. The security submitted by all other unsuccessful bidders
shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded.
CPFCDSL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 8
Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities
may be substituted for any obligation required by this notice or for any monies withheld by the
City to ensure performance under this Contract. Section 10263 of the Public Contract Code
requires monies or securities to be deposited with the City or a state or federally chartered bank
in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent
acts and omissions of the agent in connection with the handling of retentions under this section
in an amount not less than $100,000 per contract.
The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding
when a contractor or subcontractor has been debarred by the City of Carlsbad or another
jurisdiction in the State of California as an irresponsible bidder.
The work shall be performed in strict conformity with the plans, provisions, and specifications as
approved by the City Council of the City of Carlsbad on file in the City Clerk’s Office. The
specifications for the work include City of Carlsbad Technical Specifications and the Standard
Specifications for Public Works Construction, Parts 2 & 3, current edition at time of bid opening
and the supplements thereto as published by the "Greenbook" Committee of Public Works
Standards, Inc., all hereinafter designated “SSPWC”, as amended. Specification Reference is
hereby made to the plans and specifications for full particulars and description of the work. The
General Provisions (Part 1) to the SSPWC do not apply.
The City of Carlsbad encourages the participation of minority and women-owned businesses.
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and
contractors to utilize recycled and recyclable materials when available, appropriate and approved
by the Engineer.
BID DOCUMENTS
The bid documents comprise the following documents which must be completed and properly
executed including notarization, where indicated.
1. Contractor's Proposal
2. Disclosure of Lobbying Activities
3. Exhibit 15-G – Local Agency Bidder DBE Commitment
4. Exhibit 15-H – DBE Information – Good Faith Efforts
5. Bidder's Bond (at time of Bid submit PDF copy via PlanetBids / All Bidders). Bid Bond
(Original) within two (2) business days of bid Opening / three (3) Apparent Low Bidders
6. Noncollusion Declaration
7. Designation of Subcontractor and Amount of Subcontractor’s Bid
8. Bidder's Statement of Financial Responsibility
9. Bidder's Statement of Technical Ability and Experience
10. Acknowledgement of Addendum(a)
11. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers
may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award
of this contract.
12. Bidder’s Statement Re Debarment
13. Bidder's Disclosure of Discipline Record
14. CARB Fleet Compliance Certification (Appendix D)
15. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes
to use the Escrow Agreement for Security)
CPFCDSL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 9
BIDDER’S GUARANTEE OF GOOD FAITH (BID SECURITY)
At the time of bid submission, bidders must upload and submit an electronic PDF copy of the
aforementioned bid security. Whether in the form of a cashier's check, a properly certified check
or an approved corporate surety bond payable to the City of Carlsbad, the bid security must be
uploaded to the City’s eBidding system. Within two (2) business days after the bid opening date,
the first three (3) apparent low bidders must provide the City with the original bid security.
Failure to submit the electronic version of the bid security at time of bid submission shall cause
the bid to be rejected and deemed non-responsive. Only the three (3) apparent low bidders are
required to submit original bid security to the city within two (2) business days after bid opening
date. Failure to provide the original within two (2) business days may deem the bidder non-
responsive.
ENGINEER’S ESTIMATE
All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are
approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is
$2,570,370.00.
CALTRANS ADMINISTERED PROJECT
This Project is funded in part by FEDERAL funds Community Project Funding/Congressionally
Directed Spending (CPFCDS). Project is subject to CPFCDS Guidelines, the Local Assistance
Program Guidelines (LAPG), and Program Supplement Agreement No. Z92, State-Funded
Projects No. 11-5308S21. 2 CFR Part 200, Uniform Administration Requirements, Cost
Principles, and Audit Requirements for Federal Awards (applicable to Federal and State Funded
Projects).
2 CFR PART 200 – UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND
AUDIT REQUIREMENTS FOR FEDERAL AWARDS
The successful bidder shall be required to take cognizance of and comply with all requirements
set forth in Appendix B and incorporated herein by this reference. Applicable to Highway Safety
Improvement Program federal and state funded projects.
TIME OF COMPLETION
The contractor shall complete the Work within the time set in the contract as defined in the General
Provisions Section 6-7.
SPECIALTY CONTRACTORS:
ACCEPTABLE LICENSE TYPES
Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a
contractor pursuant to the Business and Professions Code shall be considered nonresponsive
and shall be rejected by the City. In all contracts where federal funds are involved, no bid
submitted shall be invalidated by the failure of the bidder to be licensed in accordance with
California law. Where federal funds are involved the contractor shall be properly licensed at the
time the contract is awarded. In all other cases the contractor shall state their license number,
expiration date and classification in the proposal, under penalty of perjury. This invitation to bid
does not involve federal funds The following classifications are acceptable for this contract: A:
General Engineering and/or C-10 – Electrical.
CPFCDSL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 10
ESCROW AGREEMENT
If the Contractor intends to utilize the escrow agreement included in the contract documents in
lieu of the usual 5% retention from each payment, these documents must be completed and
submitted with the signed contract. The escrow agreement may not be substituted at a later date.
OBTAINING PLANS AND SPECIFICATIONS
Set of plans, various supplemental provisions and Contract Documents may be obtained on the
City of Carlsbad website at www.carlsbadca.gov. Paper copies will not be sold.
BIDDER’S INQUIRIES
Questions on the bid documents during the bid period shall be submitted in writing, via the
eBidding website.
Questions shall be definite and certain and shall reference applicable drawing sheets, notes,
details or specifications sheets.
The cutoff date to submit questions is August XX, 2025, by 5 p.m. No questions will be entertained
after that date.
The answers to questions submitted during the bidding period will be published in an addendum
and provide to those bidding on the project no later than August XX, 2025.
INTENT OF PLANS AND SPECIFICATIONS
Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings,
specifications or other contract documents, or finds discrepancies in or omissions from the
drawings and specifications may submit to the Engineer a written request for clarification or
correction. Any response will be made only by a written addendum duly issued by the Engineer a
copy of which will be mailed or delivered to each person receiving a set of the contract documents.
No oral response will be made to such inquiry. Prior to the award of the contract, no addition
to, modification of or interpretation of any provision in the contract documents will be
given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore
specified. No bidder may rely on directions given by any agent, employee or contractor of
the City of Carlsbad except as hereinbefore specified.
REJECTION OF BIDS
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity
or informality in such bids.
DISADVANTAGED BUSINESS ENTERPRISES (DBE)
Compliance with the Disadvantage Business Enterprise (DBE) requirements is required
for this project.
This project has a goal of twenty-two percent (22%) DBE participation. All Bidders are required to
complete and ensure the Good Faith Efforts (GFE) to ensure that DBEs have the opportunity to
compete for financial assistance dollars. See (Pages 30-33 and Appendix B) for more detailed
information. Exhibits 15-G and 15-H must be filled and submitted per the instructions.
The City of Carlsbad affirms that in any contract entered into pursuant to this advertisement,
disadvantaged business enterprises will be afforded full opportunity to submit bids in response to
this invitation.
CPFCDSL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 11
BUY AMERICA
As required by Section 70914 of the Bipartisan Infrastructure Law (also known as the
Infrastructure Investment and Jobs Act), P.L. 117-58, on or after May 14, 2022, none of the funds
under a federal award that are part of Federal financial assistance program for infrastructure may
be obligated for a project unless all of the iron, steel, manufactured products, and construction
materials used in the project are produced in the United States, unless subject to an approved
waiver. The requirements of this section must be included in all subawards, including all contracts
and purchase orders for work or products under this program. See Section 7-17 – Buy America
Requirements for more details.
PREVAILING WAGE TO BE PAID
This invitation to bid does involve federal funds. If there is a difference between the minimum
wage rates predetermined by the Secretary of Labor and the general prevailing wage rates
determined by the Director of the California Department of Industrial Relations for similar
classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage
rate. Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county,
or counties, in which the work is to be done have been determined by the Director of the California
Department of Industrial Relations. A current copy of applicable wage rates is on file in the Office
of the City Engineer. The Davis Bacon rate of wages for each craft or type of worker needed to
execute the Contract shall be those as determined by the United States Secretary of Labor. Davis
Bacon Wage determinations can be obtained from the U.S. Department of Labor’s web site,
www.dol.gov. See Section 7-15 – Prevailing Wage for additional Prevailing Wage and Davis
Bacon Requirements. The wage determination and the Davis Bacon poster (WH-1321) shall be
posted at all times by the contractor and its subcontractors at the site of the work in a prominent
and accessible place where it can be easily seen by workers.
The general prevailing rate of wages for each craft or type of worker needed to execute the
Contract shall be those as determined by the Director of Industrial Relations pursuant to the
sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor
Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The
Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing
rates of wages to all workers employed by him or her in the execution of the Contract.
The Prime Contractor shall be responsible for insuring compliance with provisions of section
1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and
Subcontracting Fair Practices Act". The City Engineer is the City's "duly authorized officer" for the
purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code
commencing with section 1720 shall apply to the Contract for work.
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, unless currently registered and qualified to perform public work
pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by
the Department of Industrial Relations.
The Prime Contractor and all subcontractors shall comply with Section 1776 of the Labor Code,
which generally requires keeping accurate payroll records, verifying and certifying payroll records,
and making them available for inspection. Contractor shall require all subcontractors to comply
with Section 1776.
CPFCDSL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 12
PRE-BID MEETING
A pre-bid meeting and tour of the project site will not be held.
UNIT PRICES AND COMPUTATION OF BIDS
All bids are to be computed on the basis of the given estimated quantities of work, as indicated in
this proposal, times the unit price as submitted by the bidder.
ADDENDA
Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to
bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of
bid.
BOND AND INSURANCE REQUIREMENTS
The Contractor shall provide bonds to secure faithful performance and warranty of the work in an
amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor
shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to
one hundred percent (100%) of the total amount payable by the terms of the contract. These
bonds shall be kept in full force and effect during the course of this project and shall extend in full
force and effect and be retained by the City until they are released as stated in the General
Provisions section of this contract. All bonds are to be placed with a surety insurance carrier
admitted and authorized to transact the business of insurance in California and whose assets
exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds
are to be accompanied by the following documents:
1. An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws,
or other instrument entitling or authorizing the person who executed the bond to do so.
2. A certified copy of the certificate of authority of the insurer issued by the insurance
commissioner.
If the bid is accepted, the City may require copies of the insurer's most recent annual statement
and quarterly statement filed with the Department of Insurance pursuant to Article 10
(commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within
10 calendar days of the insurer's receipt of a request to submit the statements.
Insurance is to be placed with insurers that:
1. Have a rating in the most recent Best's Key Rating Guide of at least A-VII
2. Are admitted and authorized to transact the business of insurance in the State of California
by the Insurance Commissioner.
Auto policies offered to meet the specification of this contract must:
1. Meet the conditions stated above for all insurance companies.
2. Cover any vehicle used in the performance of the contract, used onsite or offsite, whether
owned, non-owned or hired, and whether scheduled or non-scheduled.
Workers' compensation insurance required under this contract must be offered by a company
meeting the above standards with the exception that the Best's rating condition is waived. The
City does accept policies issued by the State Compensation Fund meeting the requirement for
workers' compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. Any additional
cost of said insurance shall be included in the bid price.
CPFCDSL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 13
March 11, 2025
The award of the contract by the City Council is contingent upon the Contractor submitting the
required bonds and insurance, as described in the contract, within twenty days of bid opening. If
the Contractor fails to comply with these requirements, the City may award the contract to the
second or third lowest bidder and the bid security of the lowest bidder may be forfeited.
BUSINESS LICENSE
The prime contractor and all subcontractors are required to have and maintain a valid City of
Carlsbad Business License for the duration of the contract.
Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2025-059,
adopted on the 4th day of March 2025.
________________________ ____________________________________
Date Graham Jordan, Deputy Clerk
CPFCDSL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 14
CITY OF CARLSBAD
BARRIO STREET LIGHTING
CONTRACT NO. 4013
CONTRACTOR'S PROPOSAL
City Council
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
The undersigned declares he/she has carefully examined the location of the work, read the Notice
Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and
addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation,
and services required to do all the work to complete Contract No. 4013 within the time specified
in 6-7 Time of Completion and in accordance with the Plans, Specifications, General Provisions,
Contract Documents, and addenda thereto and that he/she will take in full payment therefore the
following unit prices for each item complete, to wit:
SCHEDULE “A”
Item
No. Description
Approximate
Quantity
And Unit
Unit Price
(Figures)
Total Amount
(Figures)
1 Mobilization (not to exceed 5%
of Total Bid)
LS $___________
2 Staging Area LS 0 $_________0_
3
Construction Schedule
LS
$___________
4 Traffic Control LS $___________
5 Potholing (Up to 50) LS $___________
6 1-1/4" PVC Conduit Trenched 13,070 LF $___________ $___________
7 1" PVC Conduit Trenched 1,240 LF $___________
$___________
8 1-1/4" PVC Conduit Trenched
(To POS)
4,300 LF $___________
$___________
9 Pull Box No. 3-1/2 Electrical 128 EA $___________ $___________
10 Pedestrian Light Pole 124 EA $___________ $___________
CPFCDSL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 15
Item
No. Description
Approximate
Quantity
And Unit
Unit Price
(Figures)
Total Amount
(Figures)
11 Pedestrian Light Pole
Foundation
124 EA $___________ $___________
12 Pedestrian Luminaire (5,100
Lumens)
124 EA $___________ $___________
13 #8 AWG Insulated Conductor 26,140 LF $___________ $___________
14 #8 AWG Insulated Ground 13,070 LF $___________ $___________
15 #8 AWG Insulated Conductor
(To POS)
8,600 LF $___________ $___________
16 #8 AWG Insulated Ground (To
POS)
4,300 LF $___________ $___________
17 #12 AWG Insulated Conductor 4,960 LF $___________ $___________
18 #12 AWG Insulated Ground 2,480 LF $___________ $___________
19 Electrical Service Coordination LS $___________ $___________
20 Concrete Curb Ramp per
SDRSD
5 EA $___________ $___________
21 Concrete Sidewalk per SDRSD
G-7, G-9, G-10
250 SF $___________ $___________
22 Concrete Cross Gutter per
SDRSD G-12
250 SF $___________ $___________
23 Concrete Curb and Gutter per
SDRSD G-2
50 LF $___________ $___________
Total amount of bid (in figures) for Schedule “A”: $
Total amount of bid (in words) for Schedule “A”:
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s). ____________________ has/have been received and is/are included in this
proposal.
CPFCDSL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 16
The Undersigned has carefully checked all of the above figures and understands that the City will
not be responsible for any error or omission on the part of the Undersigned in preparing this bid.
The Undersigned agrees that in case of default in executing the required Contract with necessary
bonds and insurance policies within twenty (20) days from the date of award of Contract by the
City Council of the City of Carlsbad, the City may administratively authorize award of the contract
to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited.
The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do
business or act in the capacity of a contractor within the State of California, validly licensed under
license number _________________________, classification ________________ which expires
on _______________________, and Department of Industrial Relations PWC registration
number ________________________ which expires on _______________________, and that
this statement is true and correct and has the legal effect of an affidavit.
A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the
Business and Professions Code shall be considered nonresponsive and shall be rejected by the
City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be
invalidated by the failure of the bidder to be licensed in accordance with California law. However,
at the time the contract is awarded, the contractor shall be properly licensed.
The Undersigned bidder hereby represents as follows:
1. That no Council member, officer agent, or employee of the City of Carlsbad is personally
interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that
no representation, oral or in writing, of the City Council, its officers, agents, or employees has
inducted him/her to enter into this Contract, excepting only those contained in this form of Contract
and the papers made a part hereof by its terms; and
2. That this bid is made without connection with any person, firm, or corporation making a
bid for the same work, and is in all respects fair and without collusion or fraud.
Accompanying this proposal is ______________________________(Cash, Certified Check,
Bond or Cashier's Check) for ten percent (10%) of the amount bid.
The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires
every employer to be insured against liability for workers' compensation or to undertake self-
insurance in accordance with the provisions of that code and agrees to comply with such
provisions before commencing the performance of the work of this Contract and continue to
comply until the contract is complete.
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative
to the general prevailing rate of wages for each craft or type of worker needed to execute the
Contract and agrees to comply with its provisions.
CPFCDSL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 17
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder ___________________________________________________________________,
proposed subcontractor _______________________________________________, hereby
certifies that he has____, has not____, participated in a previous contract or subcontract subject
to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and
that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of
Federal Contract Compliance, a Federal Government contracting or administering agency, or the
former President's Committee on Equal Employment Opportunity, all reports due under the
applicable filling requirements.
Note: The above certification is required by the Equal Employment Opportunity Regulations of
the Secretary of Labor (41 CFR 60-1.7(b) (1)) and must be submitted by bidders and
proposed subcontractors only in connection with contracts and subcontracts which are
subject to the equal opportunity clause. Contracts and subcontracts which are exempt
from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts
or subcontracts of $10,000 or under are exempt.)
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders
or their implementing regulations.
Proposed prime contractors and subcontractors who have participated in a previous
contract or subcontract subject to the Executive Orders and have not filed the required
reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and
subcontracts unless such contractor submits a report covering the delinquent period or
such other period specified by the Federal Highway Administration or by the Director,
Office of Federal Contract Compliance, U.S. Department of Labor.
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In conformance with Public Contract Code Section 10162, the Bidder shall complete, under
penalty of perjury, the following questionnaire:
Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary
interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on,
or completing a federal, state, or local government project because of a violation of law or a safety
regulation?
Yes_____ No_____
If the answer is yes, explain the circumstances in the following space.
CPFCDSL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 18
PUBLIC CONTRACT CODE
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder
hereby declares under penalty of perjury under the laws of the State of California that the bidder
has____ has not____ been convicted within the preceding three years of any offenses referred
to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in
violation of any state or Federal antitrust law in connection with the bidding upon, award of, or
performance of, any public works contract, as defined in Public Contract Code Section 1101, with
any public entity, as defined in Public Contract Code Section 1100, including the Regents of the
University of California or the Trustees of the California State University. The term "bidder" is
understood to include any partner, member, officer, director, responsible managing officer, or
responsible managing employee thereof, as referred to in Section 10285.1.
Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces
provided. The above Statement is part of the Proposal. Signing this Proposal on the
signature portion thereof shall also constitute signature of this Statement. Bidders are
cautioned that making a false certification may subject the certifier to criminal prosecution.
PUBLIC CONTRACT CODE 10232 STATEMENT
In conformance with Public Contract Code Section 10232, the Contractor, hereby states under
penalty of perjury, that no more than one final unappealable finding of contempt of court by a
federal court has been issued against the Contractor within the immediately preceding two year
period because of the Contractor's failure to comply with an order of a federal court which orders
the Contractor to comply with an order of the National Labor Relations Board.
Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal
on the signature portion thereof shall also constitute signature of this Statement and
Questionnaire.
Bidders are cautioned that making a false certification may subject the certifier to criminal
prosecution.
CPFCDSL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 19
NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
BARRIO STREET LIGHTING
CONTRACT NO. 4013
To the City of Carlsbad
In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the
bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not
collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or
agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder,
or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder
has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any
member or agent thereof to effectuate a collusive or sham bid.
Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on
the signature portion thereof shall also constitute signature of this Noncollusion
Affidavit.
Bidders are cautioned that making a false certification may subject the certifier to
criminal prosecution.
CPFCDSL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 20
DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other
person associated therewith in the capacity of owner, partner, director, officer, manager:
• is not currently under suspension, debarment, voluntary exclusion, or determination of
ineligibility by any Federal agency;
• has not been suspended, debarred, voluntarily excluded or determined ineligible by any
Federal agency within the past 3 years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgment rendered against it by a court of
competent jurisdiction in any matter involving fraud or official misconduct within the past
3 years.
If there are any exceptions to this certification, insert the exceptions in the following space.
Exceptions will not necessarily result in denial of award but will be considered in determining
bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating
agency, and dates of action.
Note: Providing false information may result in criminal prosecution or administrative sanctions.
The above certification is part of the Proposal. Signing this Proposal on the signature
portion thereof shall also constitute signature of this Certification.
CPFCDSL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 21
NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of
his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any Federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding of
any Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure
of Lobbying Activities," in conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she
shall require that the language of this certification be included in all lower tier subcontracts, which
exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.
The form (Exhibit 12-H) and the instructions for filling it out can be found in Appendix C.
CPFCDSL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 22
PLEASE NOTE: This information may be submitted with your bid. If it is not, and you are
the apparent low bidder or the second or third low bidder, it must be submitted and
received as specified in the Special Provisions. Failure to submit the required DBE
commitment will be grounds for finding the bid nonresponsive.
The form requires specific information regarding the construction contract: Local Agency,
Location, Project Description, Total Contract Amount, Bid Date, Bidder’s Name, and Contract
DBE Goal.
The form has a column for the Contract Item Number and Item of Work and Description or
Services to be Subcontracted or Materials to be provided by DBEs. Prime contractors shall
indicate all work to be performed by DBEs including, if the prime is a DBE, work performed by its
own forces, if a DBE. The DBE shall provide a certification number to the Contractor and
expiration date. Enter the DBE prime’s and subcontractors’ certification numbers. The form has a
column for the Names of DBE contractors to perform the work (who must be certified on the date
bids are opened and include the DBE address and phone number).
IMPORTANT: Identify all DBE firms participating in the project regardless of tier. Names of the
First-Tier DBE Subcontractors and their respective item(s) of work listed should be consistent,
where applicable, with the names and items of work in the "List of Subcontractors" submitted with
your bid.
There is a column for the DBE participation dollar amount. Enter the Total Claimed DBE
Participation dollars and percentage amount of items of work submitted with your bid pursuant to
the Special Provisions. (If 100% of item is not to be performed or furnished by the DBE, describe
exact portion of time to be performed or furnished by the DBE.) See Section “Disadvantaged
Business Enterprise (DBE),” of the Special Provisions (construction contracts), to determine how
to count the participation of DBE firms.
Exhibit 15-G must be signed and dated by the person bidding. Also list a phone number in the
space provided and print the name of the person to contact. Exhibits 15-G and 15-H must be filled
and submitted per the instructions. Both exhibits can be found in Appendix C.
Local agencies should complete the Local Agency Contract Award, Federal-aid Project Number,
Federal Share, Contract Award Date fields and verify that all information is complete and accurate
before signing and filing.
CPFCDSL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 23
INSTRUCTIONS FOR COMPLETION OF SF-LLL,
DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime
Federal recipient, at the initiation or receipt of covered Federal action or a material change to
previous filing pursuant to title 31 U.S.C. section 1352. The filing of a form is required for such
payment or agreement to make payment to lobbying entity for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress an officer or employee of
Congress or an employee of a Member of Congress in connection with a covered Federal action.
Attach a continuation sheet for additional information if the space on the form is inadequate.
Complete all items that apply for both the initial filing and material change report. Refer to the
implementing guidance published by the Office of Management and Budget for additional
information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been
secured to influence, the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by
a material change to the information previously reported, enter the year and quarter in
which the change occurred. Enter the date of the last, previously submitted report by this
reporting entity for this covered Federal action.
4. Enter the full name, address, city, state and zip code of the reporting entity. Include
Congressional District if known. Check the appropriate classification of the reporting entity
that designates if it is or expects to be a prime or subaward recipient. Identify the tier of
the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include
but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name,
address, city, state and zip code of the prime Federal recipient. Include Congressional
District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at
least one organization level below agency name, if known. For example, Department of
Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If
known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants,
cooperative agreements, loans and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action
identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB)
number, grant announcement number, the contract grant. or loan award number, the
application/proposal control number assigned by the Federal agency). Include prefixes,
e.g., "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the
Federal agency, enter the Federal amount of the award/loan commitments for the prime
entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by
the reporting entity identified in item 4 to influenced the covered Federal action.
(b) Enter the full names of the individual(s) performing services and include full address if
different from 10 (a). Enter Last Name, First Name and Middle Initial (Ml).
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting
entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been
CPFCDSL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 24
made (actual) or will be made (planned). Check all boxes that apply. If this is a material
change report, enter the cumulative amount of payment made or planned to be made.
12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an
in-kind contribution, specify the nature and value of the in-kind payment.
13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed
or will be expected to perform and the date(s) of any services rendered. Include all
preparatory and related activity not just time spent in actual contact with Federal officials.
Identify the Federal officer(s) or employee(s) contacted or the officer(s) employee(s) or
Member(s) of Congress that were contacted.
15. Check whether or not a continuation sheet(s) is attached.
16. The certifying official shall sign and date the form, print his/her name title and telephone
number.
CPFCDSL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 25
DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract
a. bid/offer/application
a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year _____ quarter _________
f. loan insurance date of last report ___________
4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee,
Enter Name and Address of Prime:
Prime Subawardee
Tier ________ , if known
Congressional District, if known Congressional District, if known
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable ______________________
8. Federal Action Number, if known: 9. Award Amount, if known:
10. a. Name and Address of Lobby Entity b. Individuals Performing Services (including
(If individual, last name, first name, MI) address if different from No. 10a)
(last name, first name, MI)
(attach Continuation Sheet(s) if necessary)
11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply)
$ _____________ Actual planned a. retainer
b. one-time fee
12. Form of Payment (check all that apply): c. commission
a. cash d. contingent fee
b. in-kind; specify: nature ________________ e deferred
value ______________ f. other, specify ___________________________
14. Brief Description of Services Performed or to be performed and Date(s) of Service, including
officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11:
(attach Continuation Sheet(s) if necessary)
15. Continuation Sheet(s) attached: Yes No
16. Information requested through this form is authorized by
Title 31 U.S.C. Section 1352. This disclosure of lobbying
reliance was placed by the tier above when his transaction
was made or entered into. This disclosure is required
pursuant to 31 U.S.C. 1352. This information will be
reported to Congress semiannually and will be available
for public inspection. Any person who fails to file the
required disclosure shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each
such failure.
Signature: __________________________________________
Print Name: ________________________________________
Title: ______________________________________________
Telephone No.: ______________________ Date: ___________
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL
Standard Form LLL Rev. 09-12-97
CPFCDSL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 26
PLEASE NOTE: This information may be submitted with your bid. If it is not, and you are
the apparent low bidder or the second or third low bidder, it must be submitted and
received as specified in the Special Provisions. Failure to submit the required DBE
commitment will be grounds for finding the bid nonresponsive.
The form requires specific information regarding the construction contract: Local Agency,
Location, Project Description, Total Contract Amount, Bid Date, Bidder’s Name, and Contract
DBE Goal.
The form has a column for the Contract Item Number and Item of Work and Description or
Services to be Subcontracted or Materials to be provided by DBEs. Prime contractors shall
indicate all work to be performed by DBEs including, if the prime is a DBE, work performed by its
own forces, if a DBE. The DBE shall provide a certification number to the Contractor and
expiration date. Enter the DBE prime’s and subcontractors’ certification numbers. The form has a
column for the Names of DBE contractors to perform the work (who must be certified on the date
bids are opened and include the DBE address and phone number).
IMPORTANT: Identify all DBE firms participating in the project regardless of tier. Names of the
First-Tier DBE Subcontractors and their respective item(s) of work listed should be consistent,
where applicable, with the names and items of work in the "List of Subcontractors" submitted with
your bid.
There is a column for the DBE participation dollar amount. Enter the Total Claimed DBE
Participation dollars and percentage amount of items of work submitted with your bid pursuant to
the Special Provisions. (If 100% of item is not to be performed or furnished by the DBE, describe
exact portion of time to be performed or furnished by the DBE.) See Section “Disadvantaged
Business Enterprise (DBE),” of the Special Provisions (construction contracts), to determine how
to count the participation of DBE firms.
Exhibit 15-G must be signed and dated by the person bidding. Also list a phone number in the
space provided and print the name of the person to contact.
Local agencies should complete the Local Agency Contract Award, Federal-aid Project Number,
Federal Share, Contract Award Date fields and verify that all information is complete and accurate
before signing and filing.
CPFCDSL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 27
EXHIBIT 15-G - LOCAL AGENCY BIDDER DBE COMMITMENT (CONSTRUCTION CONTRACTS)
1. Local Agency: 2. Contract DBE Goal: _________
3. Project Description:
4. Project Location:
5. Bidder's Name: 6. Prime Certified DBE: 7. Bid Amount:
8. Total Dollar Amount for ALL Subcontractors: 9. Total Number of ALL Subcontractors:
10. Bid
Item Number
11. Description of Work, Service, or
Materials Supplied
12. NAICS or
Work
Category
Codes
13. DBE
Certification Number
14. DBE Contact Information
(Must be certified on the date bids are opened)
15. DBE
Dollar Amount
Local Agency to Complete this Section upon Execution of Award 16. TOTAL CLAIMED DBE PARTICIPATION $ 22. Local Agency Contract Number:
23. Federal-Aid Project Number: % 24. Bid Opening Date:
25. Contract Award Date:
IMPORTANT: Identify all DBE firms being claimed for credit, regardless of
tier. Names of the First Tier DBE Subcontractors and their respective
item(s) of work listed above must be consistent, where applicable with the
names and items of the work in the "Subcontractor List" submitted with your
bid. Written confirmation of each listed DBE is required.
26. Award Amount:
Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate.
28. Date
30. Phone
27. Local Agency Representative’s Signature 17. Preparer’s Signature 18. Date
29. Local Agency Representative’s Name 19. Preparer’s Name 20. Phone
31. Local Agency Representative’s Title 21. Preparer’s Title
DISTRIBUTION: 1. Original – Local Agency
2. Copy – Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution
may result in de-obligation of federal funds on contract.
3. Include additional copy with award package.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 28
EXHIBIT 15-H - DBE INFORMATION —GOOD FAITH EFFORTS
DBE INFORMATION - GOOD FAITH EFFORTS
Federal-aid Project No. _______________________ Bid Opening Date _______________
The City of Carlsbad established a Disadvantaged Business Enterprise (DBE) goal of 22% for
this project. The information provided herein shows that a good faith effort was made.
Lowest, second lowest and third lowest bidders shall submit the following information to
document adequate good faith efforts. Bidders should submit the following information even if
the “Local Agency Bidder DBE Commitment” form indicates that the bidder has met the DBE
goal. This will protect the bidder’s eligibility for award of the contract if the administering agency
determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not
certified at bid opening, or the bidder made a mathematical error.
Submittal of only the “Local Agency Bidder DBE Commitment” form may not provide sufficient
documentation to demonstrate that adequate good faith efforts were made.
The following items are listed in the Section entitled “Submission of DBE Commitment” of the
Special Provisions:
A. The names and dates of each publication in which a request for DBE participation for this
project was placed by the bidder (please attach copies of advertisements or proofs of
publication):
Publications Dates of Advertisement
________________________________________________________________
________________________________________________________________
________________________________________________________________
B. The names and dates of written notices sent to certified DBEs soliciting bids for this project
and the dates and methods used for following up initial solicitations to determine with
certainty whether the DBEs were interested (please attach copies of solicitations,
telephone records, fax confirmations, etc.):
Names of DBEs Solicited Date of Initial
Solicitation Follow Up Methods and Dates
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
C. The items of work which the bidder made available to DBE firms including, where
appropriate, any breaking down of the contract work items (including those items normally
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 29
performed by the bidder with its own forces) into economically feasible units to facilitate
DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to
facilitate DBE participation was made available to DBE firms.
Items of Work Bidder Normally
Performs Item
(Y/N)
Breakdown of
Items
Amount
($)
Percentage
of
Contract
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the
bidder's rejection of the DBEs, the firms selected for that work (please attach copies of
quotes from the firms involved), and the price difference for each DBE if the selected firm
is not a DBE:
Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's
rejection of the DBEs:
Names, addresses and phone numbers of firms selected for the work above:
E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance,
and any technical assistance or information related to the plans, specifications and
requirements for the work which was provided to DBEs:
F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies,
materials or related assistance or services, excluding supplies and equipment the DBE
subcontractor purchases or leases from the prime contractor or its affiliate:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 30
G. The names of agencies, organizations or groups contacted to provide assistance in
contacting, recruiting and using DBE firms (please attach copies of requests to agencies
and any responses received, i.e., lists, Internet page download, etc.):
Name of Agency/Organization Method/Date of Contact Results
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
H. Any additional data to support a demonstration of good faith efforts (use additional sheets
if necessary):
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 31
IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname) of proprietor
(3) Place of Business
(Street and Number)
City and State
(4) Zip Code Telephone No.
(5) E-Mail
IF A PARTNERSHIP, SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname and character of partner) (Note: Signature must be made by a
general partner)
(3) Place of Business
(Street and Number)
City and State
(4) Zip Code Telephone No.
(5) E-Mail
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 32
IF A CORPORATION, SIGN HERE:
(1) Name under which business is conducted
(2)
(Signature)
(Title)
Impress Corporate Seal here
(3) Incorporated under the laws of the State of
(4) Place of Business (Street and Number)
City and State
(5) Zip Code Telephone No.
(6) E-Mail
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
ATTACHED
List below names of president, vice president, secretary and assistant secretary, if a corporation;
if a partnership, list names of all general partners, and managing partners:
_____________________________________ ___________________________________
_____________________________________ ___________________________________
_____________________________________ ___________________________________
_____________________________________ ___________________________________
_____________________________________ ___________________________________
_____________________________________ ___________________________________
_____________________________________ ___________________________________
_____________________________________ ___________________________________
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 33
BID SECURITY FORM
(Check to Accompany Bid)
BARRIO STREET LIGHTING
CONTRACT NO. 4013
(NOTE: The following form shall be used if check accompanies bid.)
Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF
CARLSBAD, in the sum of _______________________________________________________
___________________________________________________ dollars ($________________),
this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check
shall become the property of the City provided this proposal shall be accepted by the City through
action of its legally constituted contracting authorities and the undersigned shall fail to execute a
contract and furnish the required Performance, Warranty and Payment Bonds and proof of
insurance coverage within the stipulated time; otherwise, the check shall be returned to the
undersigned. The proceeds of this check shall also become the property of the City if the
undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set
for the opening thereof, unless otherwise required by law, and notwithstanding the award of the
contract to another bidder.
_______________________________________
_______________________________________
BIDDER
_________________
*Delete the inapplicable word.
(NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall
be executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.)
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 34
BIDDER'S BOND TO ACCOMPANY PROPOSAL
BARRIO STREET LIGHTING
CONTRACT NO. 4013
KNOW ALL PERSONS BY THESE PRESENTS:
That we, ________________________________________________________, as Principal,
and _____________________________________________, as Surety are held and firmly
bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent
(10%) of the bid amount) ______________________________ for which payment, well and truly
made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly
and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the
above-bounden Principal for:
BARRIO STREET LIGHTING
CONTRACT NO. 4013
in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into
and execute a Contract including required bonds and insurance policies within twenty (20) days
from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified
of said award, then this obligation shall become null and void; otherwise, it shall be and remain in
full force and effect, and the amount specified herein shall be forfeited to the said City.
In the event Principal executed this bond as an individual, it is agreed that the death of Principal
shall not exonerate the Surety from its obligations under this bond.
SIGNED AND SEALED, this ____________ day of ___________________________, 20_____
________________________________(SEAL) _____________________________(SEAL)
(Principal) (Surety)
By: __________________________________ By: ________________________________
(Signature) (Signature)
__________________________________ ________________________________
(Print Name/Title) (Print Name/Title)
(SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY – ATTACH ATTORNEY-IN-FACT
CERTIFICATE)
APPROVED AS TO FORM:
CINDIE K. McMAHON
City Attorney
By: _________________________________
Assistant City Attorney
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 35
FEDERAL LOBBYING RESTRICTIONS
Section 1352, Title 31, United States Code prohibits Federal funds from being expended by the
recipient or any lower tier subrecipient of a Federal-aid contract to pay for any person for
influencing or attempting to influence a Federal agency or Congress in connection with the
awarding of any Federal-aid contract, the making of any Federal grant or loan, or the entering into
of any cooperative agreement.
If any funds other than Federal funds have been paid for the same purposes in connection with
this Federal-aid contract, the recipient shall submit an executed certification and, if required,
submit a completed disclosure form as part of the bid documents.
A certification for Federal-aid contracts regarding payment of funds to lobby Congress or a
Federal agency is included in the Proposal. Standard Form - LLL, “Disclosure of Lobbying
Activities,” with instructions for completion of the Standard Form is also included in the Proposal.
Signing the Proposal shall constitute signature of the Certification.
The above referenced certification and disclosure of lobbying activities shall be included in each
subcontract and any lower-tier contracts exceeding $100,000. All disclosure forms, but not
certifications, shall be forwarded from tier to tier until received by the Engineer.
The Contractor, subcontractors and any lower-tier contractors shall file a disclosure form at the
end of each calendar quarter in which there occurs any event that requires disclosure or that
materially affects the accuracy of the information contained in any disclosure form previously filed
by the Contractor, subcontractors and any lower-tier contractors. An event that materially affects
the accuracy of the information reported includes:
1) A cumulative increase if $25,000 or more in the amount paid or expected to be paid for
influencing or attempting to influence a covered Federal action; or
2) A change in the person(s) or individual(s) influencing or attempting to influence a covered
Federal action; or
3) A change in the officer(s), employees(s), or Member(s) contacted to influence or attempt
to influence a covered Federal Action.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 36
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
This project is subject to Part 26, Title 49, Code of Federal Regulations entitled "Participation by
Disadvantaged Business Enterprises in Department of Transportation Financial Assistance
Programs." The Regulations in their entirety are incorporated herein by this reference.
It is the policy of the City that disadvantaged business enterprises (DBEs), as defined in Part 26,
Title 49 CFR, shall be encouraged to participate in the performance of Contracts financed in whole
or in part with Federal Funds. The Contractor should ensure that DBEs, as defined in Part 26,
Title 49 CFR, have the opportunity to participate in the performance of this Contract and shall
take all necessary and reasonable steps, as set forth in Part 26, Title 49 CFR, for this assurance.
The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the
award and performance of subcontracts. Failure to carry out the requirements of this paragraph
shall constitute a breach of Contract and may result in termination of this Contract or other remedy
the City may deem appropriate.
Bidders shall be fully informed respecting the requirements of the Regulations and are urged to
obtain DBE participation in this project.
Caltrans has engaged the services of a contractor to provide supportive services to contractors
and subcontractors to assist in obtaining DBE participation on federally funded construction
projects. Bidders and potential subcontractors should check the Caltrans website at
http://www.dot.ca.gov/hq/bep to verify the current availability of this service.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 37
GUIDE FOR COMPLETING
THE “DESIGNATION OF SUBCONTRACTORS” FORM
REFERENCES Prior to preparation of the following “Subcontractor Disclosure Form” Bidders are
urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially,
“Bid”, “Bidder”, “Contract”, “Contractor”, “Contract Price”, “Contract Unit Price”, “Engineer”, “Own
Organization”, “Subcontractor”, and “Work”. Bidders are further urged to review sections 2-3
SUBCONTRACTS of the General Provisions.
CAUTIONS This form will be used by the Agency to determine the percentage of work that the
Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct
information may result in rejection of the bid as non-responsive. Any bid that proposes
performance of more than 50 percent of the work by subcontractors or otherwise to be performed
by forces other than the Bidder’s own organization will be rejected as non-responsive. Specialty
items of work that may be so designated by the Engineer on the “Contractor’s Proposal” are not
included in computing the percentage of work proposed to be performed by the Bidder.
INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every
subcontractor whom the Bidder proposes to perform work or labor or render service in or about
the work or improvement, and every subcontractor licensed as a contractor by the State of
California whom the Bidder proposes to specially fabricate and install any portion of the work or
improvement according to detailed drawings contained in the plans and specifications in excess
of one-half of one percent (0.5%) of the Bidder’s total bid or, in the case of bids or offers for the
construction of streets and highways, including bridges, in excess of one-half of one percent
(0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of
business of subcontractor(s) shall be set forth and included as an integral part of the bid offer.
The Designation of Subcontractors form must be submitted as a part of the Bidder’s sealed bid.
Failure to provide complete and correct information may result in rejection of the bid as non-
responsive.
Suppliers of materials from sources outside the limits of work are not subcontractors. The value
of materials and transport of materials from sources outside the limits of work, as shown on the
plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the
Bidder proposes as installer of said materials. The value of material incorporated in any
Subcontractor-installed bid item that is supplied by the Bidder shall be included as a part of the
work that the Bidder proposes to be performed by the Subcontractor installing said item.
When a Subcontractor has a Carlsbad business license, the number must be entered on the
proper form. If the Subcontractor does not have a valid business license, enter “NONE” in the
appropriate space.
When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of
a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form.
The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder
proposes to perform no less than fifty percent (50%) of the work with its own forces.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 38
Determination of the subcontract amounts for purposes of award of the contract shall be
determined by the City Council in conformance with the provisions of the contract documents and
the various supplemental provisions. The decision of the City Council shall be final.
Contractor is prohibited from performing any work on this project with a subcontractor who is
ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or
1777.7.
Bidders shall make any additional copies of the disclosure forms as may be necessary to provide
the required information. The page number and total number of additional form pages shall be
entered in the location provided on each type of form so duplicated.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 39
GUIDE FOR COMPLETING
THE "DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS"
AND
"DESIGNATION OF OWNER OPERATOR/LESSOR AND
AMOUNT OF OWNER OPERATOR/LESSOR WORK" FORMS
REFERENCES Prior to preparation of the following Subcontractor and Owner Operator/Lessor
disclosure forms Bidders are urged to review the definitions in Section 1-2 of the SSPWC and of
the Supplemental Provisions to this Contract especially, "Bid", "Bidder", "Contract", "Contractor",
"Contract Price", "Contract Unit Price", "Engineer”, "Subcontractor" and "Work" and the definitions
in Section 1-2 of the Supplemental Provisions especially "Own Organization" and "Owner
Operator/Lessor." Bidders are further urged to review sections 2-3 SUBCONTRACTS of the
SSPWC and Section 2-3.1 of these Supplemental Provisions.
CAUTIONS These forms will be used by the Agency to determine the percentage of work that the
Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct
information may result in rejection of the bid as non-responsive. Any bid that proposes
performance of more than 50 percent of the work by subcontractors or owner operator/lessors or
otherwise to be performed by forces other than the Bidder’s own organization will be rejected as
non-responsive. Specialty items of work that may be so designated by the Engineer on the
“Contractor’s Proposal” are not included in computing the percentage of work proposed to be
performed by the Bidder.
INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every
subcontractor or Owner Operator/Lessor who the Bidder proposes to perform work or labor or
render service in or about the work or improvement, and every subcontractor or Owner
Operator/Lessor licensed as a contractor by the State of California who the Bidder proposes to
specially fabricate and install any portion of the work or improvement according to detailed
drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of
the Bidder’s total bid or ten thousand dollars ($10,000) whichever is greater. Said name(s) and
location(s) of business of subcontractor(s) shall be set forth and included as an integral part of
the bid offer.
Bidder shall use separate disclosure forms for each Subcontractor or Owner Operator/Lessor of
manpower and equipment that it proposes to use to complete the Work. Additional copies of the
forms must be attached if required to accommodate the Contractor’s decision to use more than
one Subcontractor or Owner Operator/Lessor. All items of information must be completely filled
out. These forms must be submitted as a part of the Bidder's sealed bid. Failure to provide
complete and correct information may result in rejection of the bid as non-responsive.
Neither the amount, in dollars, of work performed by the Bidder’s own forces (as Contractor) nor
the Bidder’s overhead and profit for subcontracted items of the work is included to compute the
percentage of the work performed by Subcontractors or Owner Operators/Lessors.
When the Bidder proposes that any bid item will installed by a Subcontractor or Owner
Operator/Lessor the amount, in dollars, of the bid item installed by each Subcontractor or Owner
Operator/ Lessor must be entered under the columns "Amount of Subcontracted Bid Item
Including Subcontractor’s Overhead & Profit" or " Amount of Owner Operator/Lessor Bid Item
Including Owner Operator/Lessor’s Overhead & Profit " unless the dollar amount of all work
performed by any Subcontractor or Owner Operator/Lessor is less than one-half of one percent
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 40
(0.5%) of the Bidder’s total bid or ten thousand dollars ($10,000) whichever is greater. If a
Subcontractor or Owner Operator/Lessor installs or constructs any portion of a bid item the entire
amount of the Contract Unit Price, less the Bidder’s overhead and profit, shall be multiplied by the
Quantity of the bid item that the Subcontractor or Owner Operator/Lessor installs to compute the
amount of work so installed.
Suppliers of materials from sources outside the limits of work are not subcontractors. The value
of materials and transport of materials from sources outside the limits of work, as shown on the
plans, shall be assigned to the Contractor, the Subcontractor, or the Owner Operator/Lessor, as
the case may be, that the Bidder proposes as installer of said materials. The value of material
incorporated in any Subcontractor or Owner Operator/Lessor installed bid item that is supplied by
the Bidder shall be included as a part of the work that the Bidder proposes to be performed by
the Subcontractor or Owner Operator/Lessor installing said item.
The item number from the "CONTRACTOR'S PROPOSAL" (Bid Sheets) shall be entered in the
"Bid Item No." column.
When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the number
must be entered on the form. If the Subcontractor does not have a valid business license enter
"NONE" in the appropriate space.
Bidders shall make any additional copies of the disclosure forms as may be necessary to provide
the required information. The page number and total number of additional form pages shall be
entered in the location provided on each type of form so duplicated.
When the Bidder proposes using a subcontractor or owner operator/Lessor to construct or install
less than 100 percent of a bid item the Bidder shall attach an explanation sheet to the designation
of subcontractor or designation of Owner Operator/Lessor forms as applicable. The explanation
sheet shall be provided by the Contractor to clearly apprise the Agency of the specific facts that
show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own
forces.
Determination of the subcontract and Owner Operator/Lessor amounts for purposes of award of
the Contract shall be determined by the City Council in conformance with the provisions of the
Contract documents and the Supplemental Provisions. The decision of the City Council shall be
final.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 41
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
(To Accompany Proposal)
BARRIO STREET LIGHTING
CONTRACT NO. 4013
The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing
this bid for the Work and that the listed subcontractors will be used to perform the portions of the
Work as designated in this list in accordance with applicable provisions of the specifications and
section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices
Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any
portion of the Work in excess of one-half of one percent (0.5%) of the Bidder’s total bid, or in the
case of bids or offers for construction of streets and highways, including bridges, in excess of
one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that
no changes in the subcontractors listed work will be made except upon the prior approval of the
Agency.
SUBCONTRACTOR’S BID ITEMS
Portion
of Work
Subcontractor Name
and
Location of Business
Phone No.
and Email
Address
DIR
Registration
No.
Subcontractor’s
License No. and
Classification
Amount of
Work by
Subcontract
or in Dollars*
Page _____ of _____ pages of this Subcontractor Designation form
_________________
* Pursuant to section 4104 (a)(3)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the “Notice Inviting Bids.”
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 42
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
(To Accompany Proposal)
BARRIO STREET LIGHTING
CONTRACT NO. 4013
Copies of the latest Annual Report, audited financial statements or Balance Sheets may be
submitted under separate cover marked CONFIDENTIAL.
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 43
BIDDER'S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
BARRIO STREET LIGHTING
CONTRACT NO. 4013
The Bidder is required to state what work of a similar character to that included in the proposed
Contract he/she has successfully performed and give references, with telephone numbers, which
will enable the City to judge his/her responsibility, experience and skill. An attachment can be
used.
Date
Contract
Completed
Name and Address
of the Employer
Name and Phone
No. of Person to
Contract
Type of Work
Amount
of
Contract
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 44
BIDDER’S CERTIFICATE OF INSURANCE FOR GENERAL
LIABILITY, EMPLOYERS’ LIABILITY, AUTOMOTIVE LIABILITY
AND WORKERS’ COMPENSATION
(To Accompany Proposal)
BARRIO STREET LIGHTING
CONTRACT NO. 4013
As a required part of the Bidder’s proposal the Bidder must attach either of the following to this
page.
1) Certificates of insurance showing conformance with the requirements herein for each of:
Comprehensive General Liability
Automobile Liability
Workers Compensation
Employer’s Liability
2) Statement with an insurance carrier’s notarized signature stating that the carrier can, and
upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of
insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation
and Employer’s Liability in conformance with the requirements herein and Certificates of
insurance to the Agency showing conformance with the requirements herein.
All certificates of insurance and statements of willingness to issue insurance for auto policies
offered to meet the specification of this contract must:
1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this
project for each insurance company that the Contractor proposes.
2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether
owned, non-owned or hired, and whether scheduled or non-scheduled.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 45
BIDDER'S STATEMENT RE DEBARMENT
(To Accompany Proposal)
BARRIO STREET LIGHTING
CONTRACT NO. 4013
1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by
another jurisdiction in the State of California?
______ ______
yes no
2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of
debarment(s)? Attach additional copies of this page to accommodate more than two
debarments.
party debarred
agency
period of debarment
party debarred
agency
period of debarment
BY CONTRACTOR:
(name of Contractor)
By:
(sign here)
(print name/title)
Page _____ of _____ pages of this Re Debarment form
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 46
BIDDER'S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
BARRIO STREET LIGHTING
CONTRACT NO. 4013
Contractors are required by law to be licensed and regulated by the Contractors’ State License
Board which has jurisdiction to investigate complaints against contractors if a complaint regarding
a patent act or omission is filed within four years of the date of the alleged violation. A complaint
regarding a latent act or omission pertaining to structural defects must be filed within 10 years of
the date of the alleged violation. Any questions concerning a contractor may be referred to the
Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.
1) Have you ever had your contractor’s license suspended or revoked by the California
Contractors’ State License Board two or more times within an eight year period?
______ ______
yes no
2) Has the suspension or revocation of your contractor’s license ever been stayed?
______ ______
yes no
3) Have any subcontractors that you propose to perform any portion of the Work ever had their
contractor’s license suspended or revoked by the California Contractors’ State License Board
two or more times within an eight year period?
______ ______
yes no
4) Has the suspension or revocation of the license of any subcontractor’s that you propose to
perform any portion of the Work ever been stayed?
______ ______
yes no
5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party
disciplined, the date of and violation that the disciplinary action pertains to, describe the nature
of the violation and the disciplinary action taken therefore.
(If needed attach additional sheets to provide full disclosure.)
Page _____ of _____ pages of this Disclosure of Discipline form
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 47
BIDDER'S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED)
(To Accompany Proposal)
BARRIO STREET LIGHTING
CONTRACT NO. 4013
1) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party
whose discipline was stayed, the date of the violation that the disciplinary action pertains to,
describe the nature of the violation and the condition (if any) upon which the disciplinary action
was stayed.
(If needed attach additional sheets to provide full disclosure.)
BY CONTRACTOR:
(name of Contractor)
By:
(sign here)
(print name/title)
Page _____ of _____ pages of this Disclosure of Discipline form
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 48
NON-COLLUSION DECLARATION TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
BARRIO STREET LIGHTING
CONTRACT NO. 4013
The undersigned declares:
I am the ____________ of ______________, the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation. The bid is genuine and not collusive or sham.
The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or
sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with
any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in
any manner, directly or indirectly, sought by agreement, communication, or conference with
anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost
element of the bid price, or of that of any other bidder. All statements contained in the bid are true.
The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof,
or the contents thereof, or divulged information or data relative thereto, to any corporation,
partnership, company, association, organization, bid depository, or to any member or agent
thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or
entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint
venture, limited liability company, limited liability partnership, or any other entity, hereby
represents that he or she has full power to execute, and does execute, this declaration on behalf
of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that this declaration is executed on ___________________________,
20____ at _________ [city], ________ [state].
________________________________________________
Signature of Bidder
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 49
CONTRACT
PUBLIC WORKS
This agreement is made this ____________ day of ________________________________,
2024, by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called
"City"), and ________________________________________________ whose principal place of
business is ____________________________________________________________
(hereinafter called "Contractor").
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contract
documents for:
BARRIO STREET LIGHTS
CONTRACT NO. 4013
(hereinafter called "project")
2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools,
equipment, and personnel to perform the work specified by the Contract Documents.
3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting
Bids, Contractor's Proposal, Bidder's Bond, Noncollusion Declaration, Designation of
Subcontractors, Technical Ability and Experience, Bidder’s Statement Re Debarment, Escrow
Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s)
to said Plans and Specifications and General Provisions, and all proper amendments and
changes made thereto in accordance with this Contract or the Plans and Specifications, and all
bonds for the project; all of which are incorporated herein by this reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as
indicated, specified, and implied by the Contract Documents. Any items of work not indicated or
specified, but which are essential to the completion of the work, shall be provided at the
Contractor's expense to fulfill the intent of said documents. In all instances through the life of the
Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's
decision relative to said intent will be final and binding. Failure of the Contractor to apprise
subcontractors and materials suppliers of this condition of the Contract will not relieve
responsibility of compliance.
4. Payment. For all compensation for Contractor's performance of work under this Contract,
City shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions
section of this contract. The Engineer will close the estimate of work completed for progress
payments on the last working day of each month. The City shall withhold retention as required by
Public Contract Code Section 9203.
5. Independent Investigation. Contractor has made an independent investigation of the
jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of
the work and is aware of those conditions. The Contract price includes payment for all work that
may be done by Contractor, whether anticipated or not, in order to overcome underground
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 50
conditions. Any information that may have been furnished to Contractor by City about
underground conditions or other job conditions is for Contractor's convenience only, and City does
not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions,
including underground conditions and has not relied on information furnished by City.
6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging
trenches or other excavations that extend deeper than four feet below the surface Contractor shall
promptly, and before the following conditions are disturbed, notify City, in writing, of any:
A. Hazardous Waste. Material that Contractor believes may be material that is hazardous
waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed
to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
B. Differing Conditions. Subsurface or latent physical conditions at the site differing from
those indicated.
C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual
nature, different materially from those ordinarily encountered and generally recognized as
inherent in work of the character provided for in the contract.
City shall promptly investigate the conditions, and if it finds that the conditions do materially so
differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of,
or the time required for, performance of any part of the work shall issue a change order under the
procedures described in this contract.
In the event that a dispute arises between City and Contractor whether the conditions materially
differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or
time required for, performance of any part of the work, contractor shall not be excused from any
scheduled completion date provided for by the contract but shall proceed with all work to be
performed under the contract. Contractor shall retain any and all rights provided either by contract
or by law which pertain to the resolution of disputes and protests between the contracting parties.
7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements
of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied
and will comply with these requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors, and consultants that are included in this
Contract.
8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department
of Industrial Relations has determined the general prevailing rate of per diem wages in
accordance with California Labor Code, section 1773 and a copy of a schedule of said general
prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference
herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages.
Contractor shall post copies of all applicable prevailing wages on the job site. Contractor shall
comply with California Labor Code, section 1776, which generally requires keeping accurate
payroll records, verifying and certifying payroll records, and making them available for inspection.
Contractor shall require all subcontractors to comply with Section 1776.
9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense,
and indemnify and hold harmless the City, and its officers and employees, from all claims, loss,
damage, injury and liability of every kind, nature and description, directly or indirectly arising from
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 51
or in connection with the performance of the Contract or work; or from any failure or alleged failure
of Contractor to comply with any applicable law, rules or regulations including those relating to
safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the
same may be caused, resulting directly or indirectly from the nature of the work covered by the
Contract, except for loss or damage caused by the sole or active negligence or willful misconduct
of the City. The expenses of defense include all costs and expenses including attorneys' fees for
litigation, arbitration, or other dispute resolution method.
Contractor shall also defend and indemnify the City against any challenges to the award of the
contract to Contractor, and Contractor will pay all costs, including defense costs for the City.
Defense costs include the cost of separate counsel for City, if City requests separate counsel.
Contractor shall also defend and indemnify the City against any challenges to the award of the
contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation
by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including
defense costs for the City. Defense costs include the cost of separate counsel for City, if City
requests separate counsel.
10. Insurance. Contractor shall procure and maintain for the duration of the contract
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, his or her agents,
representatives, employees or subcontractors. Said insurance shall meet the City's policy for
insurance as stated in City Council Policy # 70.
(A) Coverages and Limits Contractor shall maintain the types of coverages and minimum
limits indicted herein:
a. Commercial General Liability (CGL) Insurance: Insurance written on an “occurrence”
basis, including products-completed operations, 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.
b. Business Automobile Liability Insurance: $2,000,000 combined single limit per
accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle
used in the performance of the contract, used onsite or offsite, whether owned, non-owned or
hired, and whether scheduled or non-scheduled.
c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation
limits as required by the Labor Code of the State of California and Employers’ Liability limits of
$1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance
Fund is acceptable to the City.
d. Pollution/Asbestos Legal Liability. At all times during the performance of work under
this Contract and for thirty-six (36) months following the date of completion of the Services, the
Contractor shall maintain Pollution Legal Liability insurance and Asbestos Legal Liability
Insurance in an amount not less than $2,000,000 per occurrence or claim, and $4,000,000 in
aggregate. The Contractor, along with all employees, agents and subcontractors who have a
reasonable probability of coming into contact with hazardous materials, shall be adequately
trained to comply with and shall comply with all laws and regulations relating to the care and
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 52
protection of the environment in the performance of the Services performed by the Contractor or
any portion thereof.
(B) Additional Provisions: Contractor shall ensure that the policies of insurance required
under this agreement with the exception of Workers’ Compensation and Business Automobile
Liability Insurance contain, or are endorsed to contain, the following provisions.
a. The City, its officials, employees and volunteers are to be covered as additional insured
as respects: liability arising out of activities performed by or on behalf of the Contractor; products
and completed operations of the contractor; premises owned, leased, hired or borrowed by the
contractor. The coverage shall contain no special limitations on the scope of protection afforded
to the City, its officials, employees or volunteers. All additional insured endorsements must be
evidenced using separate documents attached to the certificate of insurance; one for each
company affording general liability, and employers’ liability coverage.
b. The Contractor's insurance coverage shall be primary insurance as respects the City, its
officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its
officials, employees or volunteers shall be in excess of the contractor's insurance and shall not
contribute with it.
c. Any failure to comply with reporting provisions of the policies shall not affect coverage
provided to the City, its officials, employees or volunteers.
d. Coverage shall state that the contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
(C) Notice of Cancellation. Each insurance policy required by this agreement shall be
endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or
reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the
City by certified mail, return receipt requested.
(D) Deductibles and Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured
retention levels must be declared to and approved by the City. At the option of the City, either:
the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects
the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment
of losses and related investigation, claim administration and defense expenses.
(E) Waiver of Subrogation. All policies of insurance required under this agreement shall
contain a waiver of all rights of subrogation the insurer may have or may acquire against the City
or any of its officials or employees.
(F) Subcontractors. Contractor shall include all subcontractors as insured under its policies
or shall furnish separate certificates and endorsements for each subcontractor. Coverages for
subcontractors shall be subject to all of the requirements stated herein.
(G) Acceptability of Insurers. Insurance is to be placed with insurers that have a rating in
Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the
business of insurance by the State of California Insurance Commissioner as admitted carriers as
evidenced by a listing in the official publication of the Department of Insurance of the State of
California and/or under the standards specified by City Council Policy # 70.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 53
(H) Verification of Coverage. Contractor shall furnish the City with certificates of insurance
and original endorsements affecting coverage required by this clause. The certificates and
endorsements for each insurance policy are to be signed by a person authorized by that insurer
to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by
the City and are to be received and approved by the City before the Contract is executed by the
City.
(I) Cost of Insurance. The Cost of all insurance required under this agreement shall be
included in the Contractor's bid.
11. Claims and Lawsuits. All claims by Contractor shall be resolved in accordance with
Public Contract Code section 9204, which is incorporated by reference. A copy of Section 9204
is included in Section 3 of the General Provisions. In addition, all claims by Contractor for
$375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code,
Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated
by reference. A copy of Article 1.5 is included in Section 3 of the General Provisions. In the event
of a conflict between Section 9204 and Article 1.5, Section 9204 shall apply. Notwithstanding the
provisions of this section of the contract, all claims shall comply with the Government Tort Claim
Act (section 900 et seq., of the California Government Code) for any claim or cause of action for
money or damages prior to filing any lawsuit for breach of this agreement.
(A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the
City must be asserted as part of the contract process as set forth in this agreement and not in
anticipation of litigation or in conjunction with litigation.
(B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it
may be considered fraud and the Contractor may be subject to criminal prosecution.
(C) Government Code. Contractor acknowledges that California Government Code sections
12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits
a false claim to a public entity. These provisions include false claims made with deliberate
ignorance of the false information or in reckless disregard of the truth or falsity of the information.
(D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False
Claims Act, it is entitled to recover its litigation costs, including attorney's fees.
(E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false
claim may subject the Contractor to an administrative debarment proceeding wherein the
Contractor may be prevented from further bidding on public contracts for a period of up to five
years.
(F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025,
3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
(G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment
by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or
subcontractor from participating in future contract bidding.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 54
(H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and
jurisdiction for resolution of any disputes between the parties arising out of this agreement is San
Diego County, California.
I have read and understand all provisions of Section 11 above. ________ init ________ init
12. Maintenance of Records. Contractor shall maintain and make available at no cost to the
City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1,
Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's
principal place of business as specified above, Contractor shall so inform the City by certified
letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of
any change of address of such records.
13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section
1720 of the Labor Code are incorporated herein by reference.
14. Security. Securities in the form of cash, cashier's check, or certified check may be
substituted for any monies withheld by the City to secure performance of this contract for any
obligation established by this contract. Any other security that is mutually agreed to by the
Contractor and the City may be substituted for monies withheld to ensure performance under this
Contract.
15. Unfair Business Practices. 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 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.
16. Provisions Required by Law Deemed Inserted. Each and every provision of law and
clause required by law to be inserted in this Contract shall be deemed to be inserted herein and
included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not
correctly inserted, then upon application of either party, the Contract shall forthwith be physically
amended to make such insertion or correction.
17. Additional Provisions. Any additional provisions of this agreement are set forth in the
"General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
ATTACHED
(CORPORATE SEAL)
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 55
CONTRACTOR:
(name of Contractor)
By:
(sign here)
(print name and title)
By:
(sign here)
(print name and title)
CITY OF CARLSBAD a municipal corporation
of the State of California
By:
KEITH BLACKBURN, Mayor
ATTEST:
SHERRY FREISINGER, City Clerk
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
secretary under the corporate seal empowering that officer to bind the corporation.
APPROVED AS TO FORM:
CINDIE K. McMAHON,
City Attorney
By:
Assistant City Attorney
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 56
LABOR AND MATERIALS BOND
WHEREAS, the City of Carlsbad, State of California, has awarded to ______________________,
(hereinafter designated as the "Principal"), a Contract for:
BARRIO STREET LIGHTING
CONTRACT NO. 4013
in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract
Documents now on file in the Office of the City Clerk of the City of Carlsbad 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 performance 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 Carlsbad in the sum __________________, 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 Carlsbad, and for which payment well and truly to be made
we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her
subcontractors 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 9100, or for amounts due
under the Unemployment Insurance 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
9554.
This bond shall inure to the benefit of any of the persons named in California Civil Code section
9100, 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.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 57
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.
SIGNED AND SEALED, this ______________ day of __________________________, 20____
_______________________________(SEAL) _____________________________(SEAL)
(Principal) (Surety)
By: _________________________________ By: ________________________________
(Signature) (Signature)
__________________________________ ________________________________
(Print Name & Title) (Print Name & Title)
(SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY – ATTACH ATTORNEY-IN-FACT CERTIFICATE)
APPROVED AS TO FORM:
CINDIE K. McMAHON
City Attorney
By: ________________________________
Assistant City Attorney
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 58
FAITHFUL PERFORMANCE/WARRANTY BOND
WHEREAS, the City of Carlsbad, State of California, has awarded to ______________________,
(hereinafter designated as the "Principal"), a Contract for:
BARRIO STREET LIGHTING
CONTRACT NO. 4013
in the City of Carlsbad, 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 Carlsbad, 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 firmly bound unto the City of Carlsbad in the sum __________________, 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 Carlsbad, and for which payment well and truly to be made
we bind ourselves, our heirs, executors and administrators, successors, 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 of Carlsbad, 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 therefore,
there shall be included costs and reasonable expenses and fees, including reasonable attorney's
fees, incurred 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 there under 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.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 59
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.
SIGNED AND SEALED, this ______________ day of __________________________, 20____
_______________________________(SEAL) _____________________________(SEAL)
(Principal) (Surety)
By: _________________________________ By: ________________________________
(Signature) (Signature)
__________________________________ ________________________________
(Print Name & Title) (Print Name & Title)
(SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY – ATTACH ATTORNEY-IN-FACT CERTIFICATE)
APPROVED AS TO FORM:
CINDIE K. McMAHON
City Attorney
By: ________________________________
Assistant City Attorney
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 60
OPTIONAL ESCROW AGREEMENT FOR SECURITY
DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the City of Carlsbad whose
address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and
________________________________________________________________whose address
is __________________________________________________________________hereinafter
called "Contractor" and ___________________________________________________ whose
address is ___________________________________________________________ hereinafter
called "Escrow Agent."
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as
follows:
1. Pursuant to section 22300 of the Public Contract Code of the State of California, the
Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention
earnings required to be withheld by the City pursuant to the Construction Contract entered into
between the City and Contractor for
BARRIO STREET LIGHTING
CONTRACT NO. 4013
in the amount of ___________________________ dated ______________ (hereinafter referred
to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make
payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits
the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within
10 days of the deposit. The market value of the securities at the time of the substitution shall be
a least equal to the cash amount then required to be withheld as retention under the terms of the
contract between the City and Contractor. Securities shall be held in the name of the City and
shall designate the Contractor as the beneficial owner.
2. The City shall make progress payments to the Contractor for such funds which otherwise
would be withheld from progress payments pursuant to the Contract provisions, provided that the
Escrow Agent holds securities in the form and amount specified above.
3. When the City makes payment of retentions earned directly to the Escrow Agent, the
Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow
created under this contract is terminated. The Contractor may direct the investment of the
payments into securities. All terms and conditions of this agreement and the rights and
responsibilities of the parties shall be equally applicable and binding when the City pays the
Escrow Agent directly.
4. The Contractor shall be responsible for paying all fees for the expenses incurred by the
Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses
and payment terms shall be determined by the City, Contractor and Escrow Agent.
5. The interest earned on the securities or the money market accounts held in escrow and
all interest earned on that interest shall be for the sole account of Contractor and shall be subject
to withdrawal by Contractor at any time and from time to time without notice to the City.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 61
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow
Account only by written notice to Escrow Agent accompanied by written authorization from City
to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn
by Contractor.
7. The City shall have a right to draw upon the securities in the event of default by the
Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the
Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as
instructed by the City.
8. Upon receipt of written notification from the City certifying that the Contract is final and
complete and that the Contractor has complied with all requirements and procedures applicable
to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit
less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately
upon disbursement of all moneys and securities on deposit and payments of fees and charges.
9. The Escrow Agent shall rely on the written notifications from the City and the Contractor
pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold
Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the
securities and interest as set forth above.
10. The names of the persons who are authorized to give written notices or to receive written
notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and
exemplars of their respective signatures are as follows:
For City:
Title FINANCE DIRECTOR
Name
Signature
Address 1635 Faraday Avenue, Carlsbad, CA 92008
For Contractor:
Title
Name
Signature
Address
For Escrow Agent:
Title
Name
Signature
Address
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 62
At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow
Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on
the date first set forth above.
For City:
Title MAYOR
Name
Signature
Address 1200 Carlsbad Village Drive, Carlsbad, CA
92008
For Contractor:
Title
Name
Signature
Address
For Escrow Agent:
Title
Name
Signature
Address
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 63
PART 1
GENERAL PROVISIONS
FOR
BARRIO STREET LIGHTING
CONTRACT NO. 4013
CITY OF CARLSBAD
BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1,
GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR
PUBLIC WORKS CONSTRUCTION
SECTION 1 -- TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS
1-1 TERMS – Unless otherwise stated, the words directed, required, permitted, ordered,
instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or
words of like meaning, refer to actions, expressions, and prerogatives of the Engineer.
1-1.1 Reference to Drawings. Where words "shown”, "indicated”, "detailed”, "noted”,
"scheduled”, or words of similar import are used, it shall be understood that reference is made to
the plans accompanying these provisions, unless stated otherwise.
1-1.2 Directions. Where words "directed”, "designated”, "selected”, or words of similar import
are used, it shall be understood that the direction, designation or selection of the Engineer is
intended, unless stated otherwise. The word "required" and words of similar import shall be
understood to mean "as required to properly complete the work as required and as approved by
the Engineer," unless stated otherwise.
1-1.3 Equals and Approvals. Where the words "equal”, "approved equal”, "equivalent”, and
such words of similar import are used, it shall be understood such words are followed by the
expression "in the opinion of the Engineer”, unless otherwise stated. Where the words "approved”,
"approval”, "acceptance”, or words of similar import are used, it shall be understood that the
approval, acceptance, or similar import of the Engineer is intended.
1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its
expense, shall perform all operations, labor, tools and equipment, and further, including the
furnishing and installing of materials that are indicated, specified or required to mean that the
Contractor, at its expense, shall furnish and install the work, complete in place and ready to use,
including furnishing of necessary labor, materials, tools, equipment, and transportation.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 64
1-2 DEFINITIONS. The following words, or groups of words, shall be exclusively defined by
the definitions assigned to them herein.
Addendum – Written or graphic instrument issued prior to the opening of Bids which clarifies,
corrects, or changes the bidding or Contract Documents. The term Addendum shall include
bulletins and all other types of written notices issued to potential bidders prior to opening of Bids.
Agency – The City of Carlsbad, California and the Carlsbad Municipal Water District.
Agreement – See Contract.
Assessment Act Contract – A Contract financed by special assessments authorized under a
State Act or procedural ordinance of a City or County.
Base – A layer of specified material of planned thickness placed immediately below the pavement
or surfacing.
Bid – The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices
for the Work.
Bidder – Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid
for the Work, acting directly or through a duly authorized representative.
Board – The officer or body constituting the awarding authority of the Agency, which is the City
Council for the City of Carlsbad or the Board of Directors of Carlsbad Municipal Water District.
Bond – Bid, performance, and payment bond or other instrument of security.
City Council – the City Council of the City of Carlsbad.
City Manager – the City Manager of the City of Carlsbad or his/her approved representative.
Cash Contract – A Contract financed by means other than special assessments.
Change Order – A written order to the Contractor signed by the Agency directing an addition,
deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued
after the effective date of the Contract. A Change Order may or may not also be signed by the
Contractor.
Code – The terms Government Code, Labor Code, etc., refer to codes of the State of California.
Construction Manager– the Project Inspector’s immediate supervisor and first level of appeal
for informal dispute resolution.
Contract – The written agreement between the Agency and the Contractor covering the Work.
Contract Documents – Including but not limited to; the Contract, any Addendum (which pertain
to the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (including
documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions,
permits from other agencies, the Technical Specifications, the Supplemental Provisions, the
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 65
Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications
issued after the execution of the Contract.
Contractor – The individual, partnership, corporation, joint venture, or other legal entity having a
Contract with the Agency to perform the Work. In the case of work being done under permit issued
by the Agency, the permittee shall be constructed to be the Contractor. The term “prime
contractor” shall mean Contractor.
Contract Price – The total amount of money for which the Contract is awarded.
Contract Unit Price – The amount stated in the Bid for a single unit of an item of work.
County Sealer – The Sealer of Weights and Measures of the county in which the Contract is let.
Days – Days shall mean consecutive calendar’s days unless otherwise specified.
Deputy City Engineer, Construction Management & Inspection – The Construction Manager’s
immediate supervisor and second level of appeal for informal dispute resolution.
Dispute Board – Persons designated by the City Manager of the City of Carlsbad or Executive
Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims
submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive Manager
for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution.
Electrolier – Street light assembly complete, including foundation, standard, luminaire arm,
luminaire, etc.
Engineer – The City Engineer of the City of Carlsbad or his/her approved representative. The
Engineer is the third level of appeal for informal dispute resolution.
Geotextile – Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration.
Holiday – Holidays and the days observed are listed below. If a holiday falls on a Saturday, the
holiday is observed on the preceding Friday. If the holiday falls on a Sunday, it is observed the
following Monday. Unless specified otherwise in the Contract Documents or authorized by the
Engineer, do not work on holidays.
New Year’s Day January 1
Martin Luther King Day 3rd Monday in January
Presidents’ Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day 1st Monday in September
Indigenous People’s Day 2nd Monday in October
Veteran’s Day November 11
Thanksgiving Day 4th Thursday in November
Thanksgiving Friday Day after Thanksgiving
Christmas Day December 25
House Connection Sewer – A sewer, within a public street or right-of-way, proposed to connect
any parcel, lot, or part of a lot with a mainline sewer.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 66
House Sewer – A sewer, wholly within private property, proposed to connect any building to a
house connection sewer.
Luminaire – The lamp housing including the optical and socket assemblies (and ballast if so
specified).
Luminaire Arm – The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire.
Minor Bid Item – A single contract item constituting less than 10 percent (10%) of the original
Contract Price bid.
Modification – Includes Change Orders and Supplemental Agreements. A Modification may only
be used after the effective date of the Contract.
Notice of Award – The written notice by the Agency to the successful Bidder stating that upon
compliance by it with the required conditions, the Agency will execute the Contract.
Notice to Proceed – A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start.
Own Organization - When used in Section 2-3.1 – Employees of the Contractor who are hired,
directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State
and Federal income taxes paid and administered, as applicable, by the Contractor. When used
in Section 2-3.1 ”own organization” means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment
with an operator is not part of the Contractor's Own Organization and will not be included for the
purpose of compliance with Section 2-3.1.
Person – Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity.
Plans – The drawings, profiles, cross sections, working drawings, and supplemental drawings, or
reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work.
Private Contract – Work subject to Agency inspection, control, and approval, involving private
funds, not administered by the Agency.
Project Inspector – The Engineer’s designated representative for inspection, contract
administration and first level for informal dispute resolution.
Proposal – See Bid.
Reference Specifications – Those bulletins, standards, rules, methods of analysis or test, codes,
and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and
published at the time of advertising the project or issuing the permit, unless specifically referred
to by edition, volume, or date.
Roadway – The portion of a street reserved for vehicular use.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 67
Service Connection – Service connections are all or any portion of the conduit, cable, or duct,
including meter, between a utility distribution line and an individual consumer.
Sewer – Any conduit intended for the reception and transfer of sewage and fluid industrial waste.
Specifications – General Provisions, Standard Specifications, Technical Specifications,
Reference Specifications, Supplemental Provisions, and specifications in Supplemental Agreements between the Contractor and the Board.
SMARTS - Stormwater Multiple Application and Report Tracking System (SMARTS)
Resources provides a platform where dischargers, regulators, and the public can enter, manage, and view storm water data including permit registration documents, compliance, and monitoring
data associated with California's Storm Water General Permits.
Standard – The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc.
Standard Plans – Details of standard structures, devices, or instructions referred to on the Plans
or in Specifications by title or number.
Standard Specifications – The Standard Specifications for Public Works Construction
(SSPWC), the “Greenbook”.
State – State of California.
Storm Drain – Any conduit and appurtenances intended for the reception and transfer of storm
water.
Street – Any road, highway, parkway, freeway, alley, walk, or way.
Subbase – A layer of specified material of planned thickness between a base and the subgrade.
Subcontractor – An individual, firm, or corporation having a direct contract with the Contractor
or with any other Subcontractor for the performance of a part of the Work.
Subgrade – For roadways, that portion of the roadbed on which pavement, surfacing, base,
subbase, or a layer of other material is placed. For structures, the soil prepared to support a
structure.
Supervision – Supervision, where used to indicate supervision by the Engineer, shall mean the
performance of obligations, and the exercise of rights, specifically imposed upon and granted to
the Agency in becoming a party to the Contract. Except as specifically stated herein, supervision
by the Agency shall not mean active and direct superintendence of details of the Work.
Supplemental Agreement – A written amendment of the Contract Documents signed by both
parties.
Supplemental Provisions – Additions and revisions to the Standard Specifications setting forth
conditions and requirements peculiar to the work.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 68
Surety – Any individual, firm, or corporation, bound with and for the Contractor for the acceptable
performance, execution, and completion of the Work, and for the satisfaction of all obligations
incurred.
Tonne – Also referred to as “metric ton”. Represents a unit of measure in the International System
of Units equal to 1,000 kilograms.
Utility – Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers,
or storm drains owned, operated, or maintained in or across a public right of way or private
easement.
Work – That which is proposed to be constructed or done under the Contract or permit, including
the furnishing of all labor, materials, equipment, and services.
1-3 ABBREVIATIONS
1-3.1 General. The abbreviation herein, together with others in general use, are applicable to
these Standard Specifications and to project Plans or other Contract Documents.
All abbreviations and symbols used on Plans for structural steel construction shall conform to
those given by the “Manual of Steel Construction” published by the American Institute of Steel
Construction, Inc.
1-3.2 Common Usage
Abbreviation Word or Words
ABAN .............................................................Abandon
ABAND .......................................................Abandoned
ABS ........................ Acrylonitrile – butadiene – styrene
AC .................................................... Asphalt Concrete
ACP ........................................... Asbestos cement pipe
ACWS ..................... Asphalt concrete wearing surface
ALT ................................................................Alternate
APTS ................................. Apartment and Apartments
AMER STD ................................... American Standard
AWG ............... American Wire Gage (nonferrous wire)
BC .................................................. Beginning of curve
BCR ....................................... Beginning of curb return
BDRY ............................................................Boundary
BF ..................................................... Bottom of footing
BLDG ........................................ Building and Buildings
BM ............................................................. Bench mark
BVC .................................... Beginning of vertical curve
B/W ........................................................... Back of wall
C/C ..................................................... Center to center
CAB ...................................... Crushed aggregate base
CAL/OSHA ............ California Occupational Safety and
Health Administration
CalTrans ....... California Department of Transportation
CAP .................................... Corrugated aluminum pipe
CB ............................................................. Catch Basin
Cb ........................................................................ Curb
CBP ............................... Catch Basin Connection Pipe
CBR ....................................... California Bearing Ratio
CCR ............................ California Code of Regulations
CCTV ............................................... Closed Circuit TV
CES .......................... Carlsbad Engineering Standards
CF ................................................................ Curb face
CF ................................................................ Cubic foot
C&G .................................................... Curb and gutter
CFR ................................ Code of Federal Regulations
CFS ......................................... Cubic Feet per Second
CIP ......................................................... Cast iron pipe
CIPP ................................................ Cast-in place pipe
CL ............................................. Clearance, center line
CLF .................................................... Chain link fence
CMB ............................... Crushed miscellaneous base
CMC ......................................... Cement mortar-coated
CML ............................................ Cement mortar-lined
CMWD .................... Carlsbad Municipal Water District
CO .................................................... Cleanout (Sewer)
COL ..................................................................Column
COMM ....................................................... Commercial
CONC ........................................................... Concrete
CONN ........................................................ Connection
CONST .................................. Construct, Construction
COORD ...................................................... Coordinate
CSP ............................................ Corrugated steel pipe
CSD ............................... Carlsbad Standard Drawings
CTB ............................................ Cement treated base
CV ............................................................ Check valve
CY ............................................................... Cubic yard
D .............................................................. Load of pipe
dB ................................................................... Decibels
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 69
DBL .................................................................. Double
DF ............................................................... Douglas fir
DIA ................................................................ Diameter
DIP ..................................................... Ductile iron pipe
DL ................................................................Dead load
DR ...................................................... Dimension Ratio
DT .................................................................Drain Tile
DWG ............................................................... Drawing
DWY .............................................................. Driveway
DWY APPR ................................... Driveway approach
E ....................................................................... Electric
EA ........................................................................ Each
EC ............................................................ End of curve
ECR ................................................ End of curb return
EF ................................................................ Each face
EG ......................................................... Edge of gutter
EGL .................................................. Energy grade line
EI ................................................................... Elevation
ELC ..................................... Electrolier lighting conduit
ELT ........................................................ Extra long ton
ENGR ....................................... Engineer, Engineering
EP ................................................... Edge of pavement
ESMT ........................................................... Easement
ETB .......................................... Emulsion-treated base
EVC ............................................... End of vertical curb
EWA ............................... Encina Wastewater Authority
EXC ............................................................ Excavation
EXP JT ................................................. Expansion joint
EXST ............................................................... Existing
F .................................................................. Fahrenheit
F&C ................................................... Frame and cover
F&I .................................................. Furnish and install
FAB ............................................................... Fabricate
FAS ............................................... Flashing arrow sign
FD ............................................................... Floor drain
FDN ............................................................ Foundation
FED SPEC ................................. Federal Specification
FG ........................................................ Finished grade
FH ............................................................. Fire hydrant
FL ................................................................... Flow line
FS ...................................................... Finished surface
FT-LB .........................................................Foot-pound
FTG .................................................................. Footing
FW ............................................................ Face of wall
G ........................................................................... Gas
GA ..................................................................... Gauge
GAL ............................................... Gallon and Gallons
GALV ......................................................... Galvanized
GAR ........................................... Garage and Garages
GIP .............................................. Galvanized iron pipe
GL ........................................ Ground line or grade line
GM .............................................................. Gas meter
GNV ............................................... Ground Not Visible
GP ..................................................................Guy pole
GPM ................................................ gallons per minute
GR ...................................................................... Grade
GRTG ............................................................... Grating
GSP ........................................... Galvanized steel pipe
H ............................................................ High or height
HB .................................................................. Hose bib
HC ................................................... House connection
HDWL ........................................................... Headwall
HGL .............................................. Hydraulic grade line
HORIZ .......................................................... Horizontal
HP ............................................................. Horsepower
HPG ................................................ High pressure gas
HPS ................................ High pressure sodium (Light)
HYDR ............................................................ Hydraulic
IE ......................................................... Invert Elevation
ID ........................................................ Inside diameter
INCL ...............................................................Including
INSP .............................................................Inspection
INV ...................................................................... Invert
IP .................................................................... Iron pipe
JC ..................................................... Junction chamber JCT .................................................................Junction JS ..................................................... Junction structure
JT ......................................................................... Joint
L ........................................................................ Length
LAB ............................................................. Laboratory
LAT ................................................................... Lateral LB ...................................................................... Pound LD ..................................................... Local depression
LF ................................................................ Linear foot
LH ............................................................... Lamp hole
LL ...................................................................Live load
LOL .............................................................Layout line LONG ........................................................Longitudinal LP ................................................................ Lamp post
LPS ................................. Low pressure sodium (Light)
LS ................................................................ Lump sum
LTS .................................................... Lime treated soil LWD ............................... Leucadia Wastewater District MAINT ..................................................... Maintenance
MAX ............................................................. Maximum
MCR ............................................ Middle of curb return
MEAS ............................................................. Measure
MH ................................... Manhole, maintenance hole
MIL SPEC .................................... Military specification MISC ..................................................... Miscellaneous MOD ................................................... Modified, modify
MON ............................................................ Monument
MSL .. Mean Sea Level (Reg. Standard Drawing M-12)
MTBM ......................... Microtunneling Boring Machine
MULT ...............................................................Multiple MUTCD .....Manual on Uniform Traffic Control Devices
MVL ............................................... Mercury vapor light
NCTD .............................. North County Transit District
NRCP .............................. Nonreinforced concrete pipe
OBS ...............................................................Obsolete
OC ................................................................ On center OD ..................................................... Outside diameter
OE .............................................................. Outer edge
OHE ................................................ Overhead Electric
OMWD ................. Olivenhain Municipal Water District
OPP ...............................................................Opposite
ORIG ................................................................Original PB ................................................................... Pull box PC .................................................... Point of curvature
PCC ....................... Portland cement concrete or point
of compound curvature
PCVC ....................... Point of compound vertical curve PE ........................................................... Polyethylene PI .................................................. Point of intersection
PL ............................................................. Property line
PMB ............................ Processed miscellaneous base
POC ...................................................... Point on curve
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 70
POT .................................................... Point on tangent PP .............................................................. Power pole
PRC .......................................... Point of reverse curve
PRVC ............................ Point of reverse vertical curve
PSI ......................................... Pounds per square inch
PT .................................................... Point of tangency PVC .................................................. Polyvinyl chloride PVMT ........................................................... Pavement
PVT R/W ....................................... Private right-of-way
Q ........................ Rate of flow in cubic feet per second
QUAD ....................................... Quadrangle, Quadrant
R ....................................................................... Radius R&O ......................................................... Rock and oil R/W .......................................................... Right-of-way
RA ...................................................... Recycling agent
RAC ................................... Recycled asphalt concrete
RAP ................................ Reclaimed asphalt pavement
RBAC ............................. Rubberized asphalt concrete RC ................................................ Reinforced concrete RCB ...................................... Reinforced concrete box
RCE ...................................... Registered civil engineer
RCP ..................................... Reinforced concrete pipe
RCV ........................................... Remote control valve
REF ............................................................. Reference REINF ..............................Reinforced or reinforcement RES ...............................................................Reservoir
RGE ........................ Registered geotechnical engineer
ROW ....................................................... Right-of-Way
RR ...................................................................Railroad
RSE .............................. Registered structural engineer RTE .................................... Registered traffic engineer S .................................... Sewer or Slope, as applicable
SCCP ............................... Steel cylinder concrete pipe
SD ............................................................. Storm drain
SDNR .............................. San Diego Northern Railway
SDR ....... Standard thermoplastic pipe dimension ratio (ratio of pipe O.D. to minimum wall thickness)
SDRSD ......... San Diego Regional Standard Drawings
SE ...................................................... Sand Equivalent
SEC .................................................................. Section
SF ............................................................. Square foot
SFM ................................................ Sewer Force Main SI ....................... International System of Units (Metric)
SPEC ..................................................... Specifications SPPWC .......................................... Standard Plans for
Public Works Construction
SSPWC ............................. Standard Specifications for
Public Works Construction
ST HWY ................................................ State highway STA ................................................................... Station STD ............................................................... Standard
STR ..................................................................Straight
STR GR ................................................ Straight grade
STRUC .......................................... Structural/Structure
SW .................................................................Sidewalk SWD ...................................................... Sidewalk drain SY ............................................................ Square yard
T .................................................................. Telephone
TAN ................................................................. Tangent
TC .............................................................. Top of curb
TEL ............................................................. Telephone TF ........................................................... Top of footing TOPO ........................................................ Topography
TR ........................................................................ Tract
TRANS ......................................................... Transition
TS ......................... Traffic signal or transition structure
TSC ............................................. Traffic signal conduit TSS ........................................... Traffic signal standard TW ..............................................................Top of wall
TYP .................................................................. Typical
UE .............................................. Underground Electric
USA .................................... Underground Service Alert
VAR ..................................................... Varies, Variable VB ................................................................ Valve box VC .......................................................... Vertical curve
VCP ................................................... Vitrified clay pipe
VERT ............................................................... Vertical
VOL .................................................................. Volume
VWD ....................................... Vallecitos Water District W ........................ Water, Wider or Width, as applicable
WATCH .............. Work Area Traffic Control Handbook
WI ............................................................ Wrought iron
WM ........................................................... Water meter
WPJ .......................................... Weakened plane joint
XCONN ............................................ Cross connection XSEC ..................................................... Cross section
1-3.3 Institutions.
Abbreviation Word or Words
AASHTO ................. American Association of State Highway and Transportation Officials
AISC ....................................................................American Institute of Steel Construction
ANSI ...................................................................... American National Standards Institute
API ...................................................................................... American Petroleum Institute
AREA ............................................................ American Railway Engineering Association
ASTM ............................................................ American Society for Testing and Materials
AWPA................................................................. American Wood Preservers Association
AWS ........................................................................................ American Welding Society
AWWA ....................................................................... American Water Works Association
FHWA.............................................................................. Federal Highway Administration
GRI ................................................................................. Geosynthetic Research Institute
NEMA ......................................................... National Electrical Manufacturers Association
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 71
NOAA ................ National Oceanic and Atmospheric Administration (Dept. of Commerce)
UL .................................................................................... Underwriters’ Laboratories Inc.
USGS ............................................................................. United States Geological Survey
1-4 UNITS OF MEASURE.
1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal
measurement system in these specifications. However, certain material specifications and test
requirements contained herein use SI units specifically and conversions to U.S. Standard
Measures may or may not have been included in these circumstances. When U.S. Standard
Measures are not included in parenthesis, then the SI units shall control. S.I. units and U.S.
Standard Measures in parenthesis may or may not be exactly equivalent.
Reference is also made to ASTM E 380 for definitions of various units of the SI system and a
more extensive set of conversion factors.
1-4.2 Units of Measure and Their Abbreviations. U.S. Customary Unit (Equal To) SI Unit (Abbreviations) (Abbreviations) 1 mil (=0.001 in) ....................................................................................25.4 micrometer (m) 1 inch (in) ..............................................................................................25.4 millimeter (mm) 1 inch (in) ..............................................................................................2.54 centimeter (cm) 1 foot (ft) ................................................................................................0.3048 meter (m) 1 yard (yd) .............................................................................................0.9144 meter (m) 1 mile (mi) .............................................................................................1.6093 kilometer (km) 1 square foot (ft2) ..................................................................................0.0929 square meter (m2) 1 square yard (yd2) ................................................................................0.8361 square meter (m2) 1 cubic foot (ft3) .....................................................................................0.0283 cubic meter (m3) 1 cubic yard (yd3) ..................................................................................0.7646 cubic meter (m3) 1 acre ....................................................................................................0.4047 hectare (ha) 1 U.S. gallon (gal) .................................................................................3.7854 Liter (L) 1 fluid ounce (fl. oz.) ..............................................................................29.5735 millileter (mL) 1 pound mass (lb) (avoirdupois) ...........................................................0.4536 kilogram (kg) 1 ounce mass (oz) .................................................................................0.02835 kilogram (kg) 1 Ton (=2000 lb avoirdupois) ................................................................0.9072 Tonne (= 907 kg) 1 Poise ..................................................................................................0.1 pascal . second (Pa . s) 1 centistoke (cs) ....................................................................................1 square millimeters per second (mm2/s) 1 pound force (lbf) .................................................................................4.4482 Newton (N) 1 pounds per square inch (psi) .............................................................6.8948 Kilopascal (kPa) 1 pound force per foot (lbf/ft) .................................................................1.4594 Newton per meter (N/m) 1 foot-pound force (ft-lbf).......................................................................1.3558 Joules (J) 1 foot-pound force per second ([ft-lbf]/s) ...............................................1.3558 Watt (W) 1 part per million (ppm) .........................................................................1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit (°F): ........................................................................Degree Celsius (°C): °F = (1.8 x °C) + 32 ...............................................................................°C = (°F – 32)/1.8 SI Units (abbreviation) Commonly Used in Both Systems 1 Ampere (A) 1 Volt (V) 1 Candela (cd) 1 Lumen (lm) 1 second (s) Common Metric Prefixes kilo (k) ....................................................................................................103
centi (c)..................................................................................................10-2
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 72
milli (m) ..................................................................................................10-3
micro () ................................................................................................10-6 nano (n) .................................................................................................10-9 pico (p) ..................................................................................................10-12
1-5 SYMBOLS
Delta, the central angle or angle between tangents Angle % Percent ‘ Feet or minutes “ Inches or seconds 1 Number / per or (between words) ° Degree PL Property line CL Centerline SL Survey line or station line
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 73
SECTION 2 – SCOPE AND CONTROL OF WORK
2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as
provided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids.
2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the
Board, except that the Contractor may assign money due or which will accrue to it under the
Contract. If given written notice, such assignment will be recognized by the Board to the extent
permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of
the Agency and to all deductions provided for in the Contract. All money withheld, whether
assigned or not, shall be subject to being used by the Agency for completion of the Work, should
the Contractor be in default.
2-3 SUBCONTRACTS.
2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including
Sections 4100 through 4113. The following excerpts or summaries of some of the requirements
of this Chapter are included below for information:
The Bidder shall set forth in the Bid, as provided in 4104:
“(a) The name and location of the place of business 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 improvements, 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.”
“(b) The portion of the work which will be done by each such subcontractor under
this act. The prime contractor shall list only one subcontractor for each such portion
as is defined by the prime contractor in his bid.”
If the Contractor fails to specify a Subcontractor, or specifies more than one Subcontractor for the
same portion of the work to be performed under the Contract (in excess of one-half of 1 percent
of the Contractor’s total Bid), the Contractor shall be qualified to perform that portion itself, and
shall perform that portion itself, except as otherwise provided in the Code.
As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as
Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by
procedures established in Section 4107.5. This section provides procedures to correct a clerical
error in the listing of a Subcontractor.
Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the
Contract and the Board may exercise the option either to cancel the Contract or assess the
Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after
a public hearing.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 74
Should the Contractor fail to adhere to the provisions requiring the Contractor to complete
50 percent of the contract price with its own organization, the Agency may at its sole discretion
elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work
performed in excess of 50 percent of the contract price by other than the Contractor’s own
organization. The Board shall be the sole body for determination of a violation of these provisions.
In any proceedings under this section, the prime contractor shall be entitled to a public hearing
before the Board and shall be notified ten (10) days in advance of the time and location of said
hearing. The determination of the City Council shall be final.
2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment
of the Contract and shall keep the Work under its control.
The Contractor shall perform, with its own organization, Contract work amounting to at least
50 percent of the Contract Price except that any designated “Specialty Items” may be performed
by subcontract, and the amount of any such “Specialty Items” so performed may be deducted
from the Contract Price before computing the amount required to be performed by the Contractor
with its own organization. “Specialty Items” will be identified by the Agency in the Bid or Proposal.
Where an entire item is subcontracted, the value of work subcontracted will be based on the
Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted
will be based on the estimated percentage of the Contract Unit Price. This will be determined from
information submitted by the Contractor, and subject to approval by the Engineer.
Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for
approval a written statement showing the work to be subcontracted giving the name and business
of each Subcontractor and description and value of each portion of the work to be so
subcontracted.
2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the
Contractor, and the Contractor shall be responsible for their work.
2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds
with the Agency to be approved by the Board in the amounts and for the purposes noted below.
Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding
limitation shown in said circular is sufficient to provide bonds in the amount required by the
Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from
all other sureties shall be accompanied by all of the documents enumerated in Code of Civil
Procedure 995.660 (a). 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 Contractor shall provide a faithful performance/warranty bond and payment bond (labor and
materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not
less than one hundred percent of the total amount payable by the terms of this contract.
The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a
sum not less than one hundred percent of the total amount payable by the terms of this contract.
Both bonds shall extend in full force and effect and be retained by the Agency during this project
until they are released according to the provisions of this section.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 75
The faithful performance/warranty bond will be reduced to 25 percent of the original amount
30 days after recordation of the Notice of Completion and will remain in full force and effect for
the one year warranty period and until all warranty repairs are completed to the satisfaction of the
Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six
months plus 30 days after recordation of the Notice of Completion if all claims have been paid.
All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the
business of insurance in California and whose assets exceed their liabilities in an amount equal
to or in excess of the amount of the bond. The bonds are to contain the following documents:
1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or
other instrument entitling or authorizing the person who executed the bond to do so.
2) A certified copy of the certificate of authority of the insurer issued by the insurance
commissioner.
If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of
the insurer at the end of 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 be verified by the oath of the principal officer or manager residing within the United States.
Should any bond become insufficient, the Contractor shall renew the bond within 10 days after
receiving notice from the Agency.
Should any Surety at any time be unsatisfactory to the Board, notice will be given the 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 extensions 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. The Contractor shall keep at the Work site a copy of the Plans and
Specifications, to which the Engineer shall have access at all times.
The specifications for the work include the General Provisions, project technical specifications,
Carlsbad Engineering Standards (CES), Standard Specifications for Public Works Construction,
(SSPWC), Part 2 & 3, and the latest supplements thereto, current edition at the time of bid opening
as published by the "Greenbook" Committee of Public Works Standards, Inc., hereinafter
designated "SSPWC", as amended.
The Plans consist of the construction drawings designated as City of Carlsbad Drawing No.
525-6 issued under this Contract.
The Standard Drawings consist of the latest edition of the Caltrans Drawings, the San Diego Area
Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County
Department of Public Works, together with the most recent editions of the City of Carlsbad
Engineering Standards and Carlsbad Standard Drawings, as issued by the City of Carlsbad and
the Carlsbad Municipal Water District, hereinafter designated as CES and CSD, respectively.
Modified standard drawings, as applicable, are enclosed in the appendices to these General
Provisions.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 76
The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract
Documents are intended to be complementary and cooperative. Anything specified in the
Specifications and not shown on the Plans, or shown on the Plans and not specified in the
Specifications, shall be as though shown on or specified in both.
The Plans shall be supplemented by such working drawings and shop drawings as are necessary
to adequately control the Work.
The Contractor shall ascertain the existence of any conditions affecting the cost of the Work
through a reasonable examination of the Work site prior to submitting the Bid.
Existing improvements visible at the Work site, for which no specific disposition is made on the
Plans, but which interfere with the completion of the Work, shall be removed and disposed of by
the Contractor.
The Contractor shall, upon discovering any error or omission in the Plans or Specifications,
immediately call it to the attention of the Engineer.
2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents,
the document highest in precedence shall control. The precedence shall be the most recent
edition of the following documents listed in order of highest to lowest precedence:
1. Permits from other agencies as may be required by law.
2. Change orders, whichever occurs last.
3. Contract addenda, whichever occurs last.
4. Contract.
5. Supplemental Provisions.
6. Technical Specifications.
7. Carlsbad General Provisions.
8. Plans.
9. Standards plans.
A. City of Carlsbad Standard Drawings.
B. Carlsbad Municipal Water District Standard Drawings.
C. City of Carlsbad modifications to the San Diego Area Regional Standard Drawings.
D. San Diego Area Regional Standard Drawings.
E. Traffic Signal Design Guidelines and Standards.
F. State of California Department of Transportation Standard Plans.
G. State of California Department of Transportation Standard Specifications.
H. California Manual on Uniform Traffic Control Devices (CA MUTCD).
10. Standard Specifications for Public Works Construction, as amended.
11. Reference Specifications.
12. Manufacturer’s Installation Recommendations
Detail drawings shall take precedence over general drawings.
Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications
will take precedence over items 2) through 9) above. Detailed plans and plan views shall have
precedence over general plans.
2-5.2.1 Precedence of Contract Documents, Where CALTRANS specifications are used to
modify the SSPWC or added to the SSPWC by any of the contract documents the CALTRANS
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 77
specifications shall have precedence only in reference to the materials and construction materials
referred to in the CALTRANS specifications. The Invitation to Bid, Contract for Public Works, Part
1 of these Supplemental Provisions and Part 1 of the SSPWC, in the order of precedence in
Section 2-5.2 of the SSPWC, shall prevail over the CALTRANS specifications in all other matters.
2-5.3 Submittals.
2-5.3.1 General. Submittals shall be provided, at the Contractor’s expense, as required in 2-5.3.2,
2-5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested by the
Engineer.
The Contractor shall post submittals and retrieve the Engineer’s submittal review comments
through Procore accessible through the Internet. Instruction on procedures for posting and
retrieving submittals will be provided after award of the Contract.
Contractor shall post all communications addressed to the Engineer concerning construction
including RFIs, submittals, daily logs, and transmittals to the Project management website
(Procore) established for the Project.
The use of Procore for project management does not relieve the contractor of any other
requirements as may be specified in the contract documents.
Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are
required by performed, before the required submittals have been reviewed and accepted by the
Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor
from responsibility for errors, omissions, or deviations from the Contract Documents, unless such
deviations were specifically called to the attention of the Engineer in the letter of transmittal. The
Contractor shall be responsible for the correctness of the submittals.
The Contractor shall allow a minimum of 20 working days for review of submittals unless otherwise
specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal.
Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number
of the original submittal followed by an ascending alphabetical designation (e.g. The label ‘4-C’
would indicate the third instance that the fourth submittal had been given to the Engineer). Each
sheet of each submittal shall be consecutively numbered. Each set of shop drawings and
submittals shall be accompanied by a letter of transmittal on the Contractor’s letterhead.
The Letter of Transmittal shall contain the following:
1. Project title and Agency contract number.
2. Number of complete sets.
3. Contractor’s certification statement.
4. Specification section number(s) pertaining to material submitted for review.
5. Submittal number (Submittal numbers shall be consecutive including subsequent
submittals for the same materials.)
6. Description of the contents of the submittal.
7. Identification of deviations from the contract documents.
8. The signature, printed name, title and company name of the Contractor’s representative.
When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification
that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 78
in conformance with the requirements of the Contract Documents. The Contractor shall subscribe
to and shall place the following certification on all submittals:
"I hereby certify that the (equipment, material, procedure) shown and marked in
this submittal is that proposed to be incorporated into this Project, is in compliance
with the Contract Documents, can be installed in the allocated spaces, and is
submitted for approval.”
Or
"I hereby certify that the (equipment, material, procedure) contained herein meet
all requirements shown or specified in the Contract Documents, except for the
following deviation(s):______________________________________________”
2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the
Plans which are required to be designed by the Contractor. Working drawings shall be of a size
and scale to clearly show all necessary details.
Working drawings are required in the following sections:
TABLE 2-5.3.2 (A)
Item Section
Number
Title Subject
1 7-10.4.1 Safety Orders Trench Shoring
2 207-2.5 Joints Reinforced Concrete Pipe
3 207-8.4 Joints Vitrified Clay Pipe
4 207-10.2.1 General Fabricated Steel Pipe
5 300-3.2 Cofferdams Structure Excavation & Backfill
6 303-1.6.1 General Falsework
7 303-1.7.1 General Placing Reinforcement
8 303-3.1 General Prestressed Concrete Construction
9 304-1.1.1 Shop Drawings Structural Steel
10 304-1.1.2 Falsework Plans Structural Steel
11 304-2.1 General Metal Hand Railings
12 306-2.1 General Jacking Operations
13 306-3.1 General Tunneling Operations
14 306-3.4 Tunnel Supports Tunneling Operations
15 306-6 Remodeling Existing Sewer
Facilities
Polyethylene Liner Installation
16 306-8 Microtunneling Microtunneling Operations
17 307-4.3 Controller Cabinet Wiring Diagrams Traffic Signal Construction
18 7-8.4.2 Sewage Bypass and Pumping Plan Temporary Sewer Bypassing
19 7-8.4.3 Spill Prevention and Emergency
Response Plan
Spill Prevention and Emergency
Response Plan
Working drawings listed above as Items 5, 6, 8, 9, 10, 12, 13, 14 and 16 shall be prepared by a
Civil or Structural Engineer registered by the State of California.
2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or
assembled products proposed to be incorporated into the Work. Shop drawings required shall be
as specified in the Special Provisions and submitted electronically into Procore.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 79
2-5.3.4 Supporting Information. Supporting information is information required by the
Specifications for the purposes of administration of the Contract, analysis for verification of
conformance with the Specifications, the operation and maintenance of a manufactured product
or system to be constructed as part of the Work, and other information as may be required by the
Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the
start of the Work unless otherwise specified in the Special Provisions or directed by the Engineer.
Supporting information for systems shall be bound together and include all manufactured items
for the system. If resubmittal is not required, three copies will be returned to the Contractor.
Supporting information shall consist of the following and is required unless otherwise specified in
the Special Provisions:
1. List of Subcontractors per 2-3.2.
2. List of Materials per 4-1.4.
3. Certifications per 4-1.5.
4. Construction Schedule per 6-1.
5. Confined Space Entry Program per 7-10.4.4.
6. Concrete mix designs per 201-1.1.
7. Asphalt concrete mix designs per 203-6.1.
8. Controller Cabinet Wiring Diagrams per 701-17.2.2.
9. Data, including, but not limited to, catalog sheets, manufacturer’s brochures, technical
bulletins, specifications, diagrams, product samples, and other information necessary to
describe a system, product or item. This information is required for irrigation systems,
street lighting systems, and traffic signals, and may also be required for any product,
manufactured item, or system.
10. Temporary highline plan per Carlsbad Engineering Standards.
2-5.4 Record Drawings. The Contractor shall provide and keep up-to-date a complete "as-built"
record set of blue-line prints, which shall be corrected in red daily and show every change from
the original drawings and specifications and the exact "as-built" locations, sizes and kinds of
equipment, underground piping, valves, and all other work not visible at surface grade. Prints for
this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the
job and shall be used only as a record set and shall be delivered to the Engineer within ten (10)
days of completion of the work. Payment for performing the work required herein shall be included
in the various bid items and no additional payment will be made therefore.
2-5.5 Project Management and Document Control. The Contractor shall utilize the Agency’s
standardized online project management and document control platform: Procore
(www.procore.com). The Contractor is required to create a free, web-based, user account(s) and
utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the
Engineer approves otherwise, the Contractor shall process all project documents through
Procore. If unfamiliar or not otherwise trained with Procore, the Contractor and applicable team
members shall complete a free training certification course at the following site:
http://learn.procore.com/procore-certification-subcontractor. The Contractor is responsible for
obtaining their own technical support, as needed, either through online training or by contacting
the Procore support team. The Contractor shall regularly check Procore and review updated
documents as they are added. There will be no cost to the Contractor for the use of Procore.
The Contractor shall provide at least one on-site individual with mobile access to the Procore App
to provide real-time access to current and updated drawings, specifications, RFIs, submittals,
schedules, change orders, and other project documents as well as any deficient observations or
punch list items. The Contractor shall post all communications addressed to the Engineer, and
shall review and act on all communications addressed to the Contractor, in the Procore App. The
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 80
use of Procore does not relieve the contractor of any other requirements as may be specified in
the Contract Documents.
Procore for Windows, iOS: https://apps.apple.com/us/app/procore-construction-
management/id374930542
Procore for Android: https://play.google.com/store/apps/details?id=com.procore.activities
2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the
Contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish all
materials, equipment, tools, labor, and incidentals necessary to complete the Work.
2-7 SUBSURFACE DATA. All soil and test hole data, water table elevations, and soil analyses
shown on the drawings or included in the Specifications apply only at the location of the test holes
and to the depths indicated. Soil test reports for test holes which have been drilled are available
for inspection at the office of the Engineer. Any additional subsurface exploration shall be done
by Bidders or the Contractor at their own expense.
The indicated elevation of the water table is that which existed on the date when test hole data
was determined. It is the Contractor’s responsibility to determine and allow for the elevation of
groundwater at the date of project construction. A difference in elevation between groundwater
shown in soil boring logs and groundwater actually encountered during construction will not be
considered as a basis for extra work.
2-8 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be
provided by the Agency. Unless otherwise provided, the Contractor shall make arrangements,
pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas
and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless
from all claims for damages caused by such actions.
2-9 SURVEYING.
2-9.1 Permanent Survey Markers. The Contractor shall not cover or disturb permanent survey
monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in
writing, with the Contractor that protecting an existing monument in place is impractical, the
Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to
practice land surveying within the State of California, hereinafter Surveyor, to establish the
location of the monument before it is disturbed. The Contractor shall have the monument replaced
by the Surveyor no later than thirty (30) days after construction at the site of the replacement is
completed. The Surveyor shall file corner record(s) as required by §§ 8772 and 8773, et seq. of
the California Business and Professions Code.
When a change is made in the finished elevation of the pavement of any roadway in which a
permanent survey monument is located, the Contractor shall adjust the monument frame and
cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise.
Monument frames and covers shall be protected during street sealing or painting projects or be
cleaned to the satisfaction of the Engineer.
2-9.2 Survey Service. The Contractor shall hire and pay for the services of a Surveyor,
hereinafter Surveyor to perform all work necessary for establishing control, construction staking,
records research and all other surveying work necessary to construct the work, provide surveying
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 81
services as required herein and provide surveying, drafting and other professional services
required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the
site during all surveying operations and shall personally supervise and certify the surveying work.
2-9.2.1 Submittal of Surveying Data. All surveying data submittals shall conform to the
requirements of Section 2-5.3.3, “Submittals”, herein. The Contractor shall submit grade sheets
to the Engineer before commencing work in the area affected by the grade sheets. The Contractor
shall submit field notes for all surveying required herein to the Engineer within ten days of
performing the survey. All surveying field notes, grade sheets and survey calculations shall be
submitted in bound form on 215mm by 280 mm (81/2” by 11”) paper. The field notes, calculations
and supporting data shall be clear and complete. Supporting data shall include all maps, affidavits,
plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine
the location of the monuments set. The field notes and calculations will be labeled with name of
the Surveyor, the party chief, the field crewmembers and the author of the field notes or
calculations. They shall be annotated with the date of observation or calculation, be numbered
with consecutive page numbers and shall be readable without resort to any electronic aid,
computer program or documentation for any computer program. The field notes shall be prepared
in conformance with the CALTRANS “Surveys Manual”. The Contractor shall have a Record of
Survey prepared by the Surveyor and file it in conformance with §§ 8700 - 8805 of the State of
California Business and Professions Code when the Surveyor performs any surveying that such
map is required under §§ 8762 of the State of California Business and Professions Code and
whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS
drawing M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron
pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property
corners and street centerlines are permanent survey monuments. The Record of Survey shall
show all monuments set, control monuments used, the basis of bearings and all other data
needed to determine the procedure of survey and the degree of accuracy attained by the field
surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not
exceed 1 part in 40,000. The record of survey shall show the location and justification of location
of all permanent monuments set and their relation to the street right-of-way. Record(s) of
Survey(s) shall be submitted for the Engineer’s review and approval before submittal to the
County Surveyor and before submittal to the County Recorder.
2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no
greater intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing.
Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal
locations where the curb is not being built as a part of this contract. Staking and marking shall be
completed by the Surveyor and inspected and approved by the Engineer before the start of
construction in the area marked. Centerline monument shall have the disk stamped with the date
the monument was set and the registration number of the Surveyor. When curb and gutter does
not exist and is not being installed as a part of the project the location of adjacent facilities being
constructed as a part of the contract the Contractor shall place stakes defining the horizontal and
vertical location of such adjacent utility vaults, poles or other facilities that are being installed as
parts of, or adjunct to, the project either by the Contractor and/or those noted on the plans as to
be installed by others.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 82
TABLE 2-9.2.2(A)
Survey Requirements for Construction Staking
Feature Staked Stake
Description
Centerline or Parallel to Centerline
Spacing,
Lateral
Spacing ,
Setting Tolerance
(Within)
Street Centerline SDRS M-10
Monument 1000’, Street Intersections, Begin and end of
curves, only when shown on the plans
on street
centerline
0.02’
Horizontal, also see
Section 2-9.2.1 herein
Clearing Lath in soil,
painted line
on PCC & AC
surfaces
lath - Intervisible, 50’ on tangents
& 25’ on curves, Painted line - continuous
at clearing line 1’ Horizontal
Slope RP + Marker
Stake Intervisible and 50’ Grade Breaks
& 25’
0.1’ Vertical &
Horizontal
Fence RP + Marker
Stake
200’ on tangents, 50’ on curves when
R 1000’ & 25’ on curves when R 1000’
N/A
( constant
offset)
0.1’ Horizontal
Rough Grade Cuts
or Fills 10 m
(33’)
RP + Marker
Stake 50’ N/A 0.1’ Vertical &
Horizontal
Final Grade
(includes top of:
Basement soil,
subbase and
base)
RP + Marker
Stake, Blue-
top in grading
area
50’ on tangents & curves when R 1000’ &
25’ on curves when R 1000’
22’ 3/8” Horizontal & 1/4”
Vertical
Asphalt Pavement
Finish Course
RP, paint on
previous
course
25’ or as per the intersection grid points
shown on the plan whichever provides the
denser information
edge of
pavement,
paving pass
width, crown
line & grade
breaks
3/8” Horizontal & 1/4”
Vertical
Drainage
Structures, Pipes
& similar
Facilities,
RP + Marker
Stake
intervisible & 25’, beginning and end, BC &
EC of facilities, Grade breaks, Alignment
breaks, Junctions, Inlets & similar facilities,
Risers & similar facilities (except plumbing),
Skewed cut-off lines
as appropriate 3/8” Horizontal & 1/4”
Vertical
Curb RP + Marker
Stake 25’, BC & EC, at ¼, ½ & ¾ on curb
returns & at beginning & end
( constant
offset)
3/8” Horizontal & 1/4”
Vertical
Traffic Signal Vertical locations shall be based on the
ultimate elevation of curb and sidewalk
Signal Poles &
Controller
RP + Marker
Stake
at each pole & controller location as appropriate 3/8” Horizontal & 1/4”
Vertical
Junction Box RP + Marker
Stake
at each junction box location as appropriate 3/8” Horizontal & 1/4”
Vertical
Conduit RP + Marker
Stake 50’ on tangents & curves when R 1000’ &
25’ on curves when R 1000’ or where
grade 0.30%
as appropriate 3/8” Horizontal & when
depth cannot be
measured from existing
pavement 1/4” Vertical
Minor Structure RP + Marker
Stake + Line
Stake
for catch basins: at centerline of box, ends of
box & wings & at each end of the local
depression
as appropriate 3/8” Horizontal & 1/4”
Vertical (when vertical
data needed)
Abutment Fill RP + Marker
Stake + Line
Stake
50’ & along end slopes & conic transitions as appropriate 0.1’ Vertical &
Horizontal
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 83
Feature Staked Stake
Description
Centerline or Parallel to Centerline
Spacing,
Lateral
Spacing ,
Setting Tolerance
(Within)
Wall RP + Marker Stake + Line Point +Guard Stake
50’ and at beginning & end of: each wall, BC & EC, layout line angle points, changes in footing dimensions &/or elevation & wall height
as appropriate 1/4” Horizontal & 1/4” Vertical
Major Structure
Footings, Bents, Abutments & Wingwalls
RP + Marker Stake + Line Point +Guard Stake
10’ to 33’ as required by the Engineer, BC & EC, transition points & at beginning & end. Elevation points on footings at bottom of columns
as appropriate 3/8” Horizontal & 1/4” Vertical
Superstructures RP 10’ to 33’ sufficient to use string lines, BC & EC, transition points & at beginning & end. Elevation points on footings at bottom of columns
as appropriate 3/8” Horizontal & 1/4” Vertical
Miscellaneous
Contour Grading RP + Marker Stake 50’ along contour line 0.1’ Vertical & Horizontal
Utilities , RP + Marker Stake 50’ on tangents & curves when R 1000’ & 25’ on curves when R 1000’ or where
grade 0.30%
as appropriate 3/8” Horizontal & 1/4” Vertical
Channels, Dikes & Ditches RP + Marker Stake intervisible & 100’, BC & EC of facilities, Grade breaks, Alignment breaks, Junctions,
Inlets & similar facilities
as appropriate 0.1’ Horizontal & 1/4” Vertical
Signs RP + Marker Stake + Line Point +Guard Stake
At sign location Line point 0.1’ Vertical & Horizontal
Subsurface Drains RP + Marker Stake intervisible & 50’, BC & EC of facilities,
Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities
as appropriate 0.1’ Horizontal & 1/4” Vertical
Overside Drains RP + Marker
Stake
longitudinal location At beginning &
end
0.1’ Horizontal & 1/4”
Vertical
Markers RP + Marker Stake for asphalt street surfacing 50’ on tangents
& curves when R 1000’ & 25’ on curves
when R 1000’.
At marker location(s)
1/4” Horizontal
Railings &
Barriers
RP + Marker
Stake At beginning & end and 50’ on tangents &
curves when R 1000’ & 25’ on curves
when R 1000’
at railing &
barrier location(s)
3/8” Horizontal &
Vertical
AC Dikes RP + Marker Stake At beginning & end as appropriate 0.1’ Horizontal & Vertical
Box Culverts 10’ to 33’ as required by the Engineer, BC & EC, transition points & at beginning & end. Elevation points on footings & at invert
as appropriate 3/8” Horizontal & 1/4” Vertical
Pavement Markers RP 200’ on tangents, 50’ on curves when
R 1000’ & 25’ on curves when R 1000’. For PCC surfaced streets lane cold joints will suffice
at pavement marker location(s)
1/4” Horizontal
Staking for feature may be omitted when adjacent marker stakes reference the offset and elevation of those features and the accuracy requirements of the RP meet the requirements for the feature
Reference points shall be sufficiently durable and set securely enough to survive with accuracy intact throughout the installation & inspection of the features or adjacent facilities for which they provide control. RP means reference point for the purposes of this table
Perpendicular to centerline. Some features are not necessarily parallel to centerline but are referenced thereto Multi-plane surfaced features shall be staked so as to provide line & grade information for each plane of the feature
means greater than, or equal to, the number following the symbol. means less than, or equal to, the number following the symbol. The cut datum for storm drainage & sanitary sewer pipes & similar structures shall be their invert. The cut datum for all other utilities shall be the top of their pipe or conduit.
All guard stakes, line stakes and lath shall be flagged. Unless otherwise approved by the
Engineer flagging, paint and marking cards shall be the color specified in TABLE 2-9.2.2(B)
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 84
TABLE 2-9.2.2(B)
Survey Stake Color Code for Construction Staking
Type of Stake Description Color*
Horizontal Control Coordinated control points, control lines, control reference points, centerline,
alignments, etc.
White/Red
Vertical Control Bench marks
White/Orange
Clearing Limits of clearing Yellow/Black
Grading Slope, intermediate slope, abutment fill, rough grade, contour grading, final
grade, etc.
Yellow
Structure Bridges, sound and retaining walls, box culverts, etc. White
Drainage, Sewer, Curb Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm
drains, slope protection, curbs, gutters, etc.
Blue
Right-of-Way Fences, R/ W lines, easements, property monuments, etc. White/Yellow
Miscellaneous Signs, railings, barriers, lighting, etc. Orange
* Flagging and marking cards, if used.
2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections
2-9.1 through 2-9.2.2 shall be included in the actual bid items requiring the survey work and no
additional payment will be made. Extension of unit prices for extra work shall include full
compensation for attendant survey work and no additional payment will be made. Payment for
the replacement of disturbed monuments and the filing of records of survey and/or corner records,
including filing fees, shall be incidental to the work necessitating the disturbance of said
monuments and no additional payment will be made.
2-9.3 Private Engineers. Surveying by private engineers on the Work shall conform to the
quality and practice required by the Engineer.
2-9.4 Line and Grade. All work shall conform to the lines, elevations, and grades shown on the
Plans.
Three consecutive points set on the same slope shall be used together so that any variation from
a straight grade can be detected. Any such variation shall be reported to the Engineer. In the
absence of such report, the Contractor shall be responsible for any error in the grade of the
finished work.
Grades for underground conduits will be set at the surface of the ground. The Contractor shall
transfer them to the bottom of the trench.
2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all
matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to
enforce compliance with the Plans and Specifications. The Contractor shall promptly comply with
instructions from the Engineer or an authorized representative.
The decision of the Engineer is final and binding on all questions relating to: quantities;
acceptability of material, equipment, or work; execution, progress or sequence of work; and
interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any
payment under the Contract, unless otherwise ordered by the Board.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 85
2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies
of all records in the Contractor’s or subcontractor’s possession pertaining to the work that the
Engineer may request.
2-10.2 Audit and Inspection, Contractor agrees to maintain and/or make available, to the
Engineer, within San Diego County, accurate books and accounting records relative to all its
activities and to contractually require all subcontractors to this Contract to do the same. The
Engineer shall have the right to monitor, assess, and evaluate Contractor’s and its subcontractors
performance pursuant to this Agreement, said monitoring, assessments, and evaluations to
include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and
interviews of Contractor’s staff and the staff of all subcontractors to this contract. At any time
during normal business hours and as often as the Engineer may deem necessary, upon
reasonable advance notice, Contractor shall make available to the Engineer for examination, all
of its, and all subcontractors to this contract, records with respect to all matters covered by this
Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts
from such data and records, and to make audits of all invoices, materials, payrolls, records of
personnel, and other data relating to all matters covered by this Contract. However, any such
activities shall be carried out in a manner so as to not unreasonably interfere with Contractor’s
ongoing business operations. Contractor and all subcontractors to this contract shall maintain
such data and records for as long as may be required by applicable laws and regulations.
2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The
Contractor shall notify the Engineer before noon of the working day before inspection is required.
Work shall be done only in the presence of the Engineer, unless otherwise authorized. Any work
done without proper inspection will be subject to rejection. The Engineer and any authorized
representatives shall at all times have access to the Work during its construction at shops and
yards as well as the project site. The Contractor shall provide every reasonable facility for
ascertaining that the materials and workmanship are in accordance with these specifications.
Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of
the Contract.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 86
SECTION 3 – CHANGES IN WORK
3-1 CHANGES REQUESTED BY THE CONTRACTOR.
3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor,
which do not materially affect the Work and which are not detrimental to the Work or to the
interests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as
granting a right to the Contractor to demand acceptance of such changes.
3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they
shall be made at a reduction in cost or no additional cost to the Agency.
3-2 CHANGES INITIATED BY THE AGENCY.
3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or
quantity of work provided the total arithmetic dollar value of all such changes, both additive and
deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to
exceed this limitation, the change shall be by written Supplemental Agreement between the
Contractor and Agency, unless both parties agree to proceed with the change by Change Order.
Change Orders shall be in writing and state the dollar value of the change or established method
of payment, any adjustment in contract time of completion, and when negotiated prices are
involved, shall provide for the Contractor’s signature indicating acceptance.
3-2.2 Payment.
3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract
Unit Price, and such change does not involve substantial change in character of the work from
that shown on the Plans or specified in the Specifications, then an adjustment in payment will be
made. This adjustment will be based upon the increase or decrease in quantity and the Contract
Unit Price.
If the actual quantity of an item of work covered by a Contract Unit Price and constructed in
conformance with the Plans and Specifications varies from the Bid quantity by 50 percent or less,
payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies
from the Bid quantity by more than 50 percent, payment will be made per Section 3-2.2.2 or 3-
2.2.3 as appropriate.
If a change is ordered in an item of work covered by a Contract Unit Price, and such change does
involve a substantial change in the character of the work from that shown on the Plans or specified
in the Specifications, an adjustment in payment will be made per Section 3-2.4.
3-2.2.2 Increases of More Than 50 Percent. Should the actual quantity of an item of work
covered by a Contract Unit Price and constructed in conformance with the Plans and
Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in
excess of 150 percent of the Bid quantity will be made on the basis of an adjustment in the
Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the
Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of
payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by
the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 87
3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work
covered by a Contract Unit Price, and constructed in conformance with the Plans and
Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be
made unless so requested in writing by the Contractor. If the Contractor so requests, payment
will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the
Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per
Section 3-3; however, in no case will payment be less than would be made for the actual quantity
at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the
Contract Unit Price.
3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency
in the Contract Documents as distinguished from Contract Unit Prices submitted by the
Contractor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so
specified in the Special Provisions.
3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in
Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor
and the Agency. If mutual agreement cannot be reached, the Engineer may direct the Contractor
to proceed on the basis of Extra Work in accordance per Section 3-3, except as otherwise
specified in Sections 3-2.2.2 and 3-2.2.3.
3.2.4.1 Schedule of Values. Prior to construction, Contractor shall provide a schedule of values
for all lump sum bid items that shall be used for the purpose of progress payments. The prices
shall be valid for the purpose of change orders to the project.
3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made
to the Contractor for its actual costs incurred in connection with the eliminated item prior to
notification in writing from the Engineer so stating its elimination. If material conforming to the
Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the
date of notification of elimination by the Engineer, and if the order for that material cannot be
canceled, payment will be made to the Contractor for the actual cost of the material. In this case,
the material shall become the property of the Agency. Payment will be made to the Contractor for
its actual costs for any further handling. If the material is returnable, the material shall be returned
and payment will be made to the Contractor for the actual cost of charges made by the supplier
for returning the material and for handling by the Contractor. Actual costs, as used herein, shall
be computed on the basis of Extra Work per Section 3-3.
3-3 EXTRA WORK.
3-3.1 General. New or unforeseen work will be classified as “extra work” when the Engineer
determines that it is not covered by Contract Unit Prices or stipulated unit prices.
3-3.2 Payment.
3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay
for the extra work based on the accumulation of costs as provided herein.
3-3.2.2 Basis for Establishing Costs.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 88
(a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra
work at the time the extra work is done, plus employer payments of payroll taxes, workers
compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship
funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments
or benefits required by lawful collective bargaining agreements.
The use of a labor classification which would increase the extra work cost will not be permitted
unless the Contractor establishes the necessity for such additional costs. Labor costs for
equipment operators and helpers shall be reported only when such costs are not included in the
invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their
assigned work and only that applicable to extra work will be paid.
Non-direct labor costs, including superintendence, shall be considered part of the markup of
Section 3-3.2.3 (a).
(b) Materials. The cost of materials reported shall be at invoice or lowest current price at which
such materials are locally available and delivered to the job site in the quantities involved, plus
sales tax, freight, and delivery.
The Agency reserves the right to approve materials and sources of supply, or to supply materials
to the Contractor if necessary for the progress of the Work. No markup shall be applied to any
material provided by the Agency.
(c) Tool and Equipment Rental. No payment will be made for the use of tools which have a
replacement value of $500 or less.
Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental
and delay costs shall be the edition of the, “Labor Surcharge and Equipment Rental Rates”
published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-
of-way delay factors therein shall be used as multipliers of the rental rates for determining the
value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates
published therein are not a part of this contract.
The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary
attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all
incidentals. Necessary loading and transportation costs for equipment used on the extra work
shall be included.
If equipment is used intermittently and, when not in use, could be returned to its rental source at
less expense to the Agency than holding it at the Work site, it shall be returned, unless the
Contractor elects to keep it at the Work site, at no expense to the Agency.
All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the
purpose for which it is to be used. Manufacturer’s ratings and approved modifications shall be
used to classify equipment and it shall be powered by a unit of at least the minimum rating
recommended by the manufacturer.
The reported rental time for equipment already at the Work site shall be the duration of its use on
the extra work. This time begins when equipment is first put into actual operation on the extra
work, plus the time required to move it from its previous site and back, or to a closer site.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 89
(d) Other Items. The Agency may authorize other items which may be required on the extra
work, including labor, services, material, and equipment. These items must be different in their
nature from those required for the Work, and be of a type not ordinarily available from the
Contractor or Subcontractors.
Invoices covering all such items in detail shall be submitted with the request for payment.
(e) Invoices. Vendors’ invoices for material, equipment rental and other expenditures shall be
submitted with the request for payment. If the request for payment is not substantiated by invoices
or other documentation, the Agency may establish the cost of the item involved at the lowest price
which was current at the time of the report.
3-3.2.3 Markup.
(a) Work by Contractor. The following percentages shall be added to the Contractor's costs
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 sum of the costs and markups provided for in this section, 1 percent 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 Section 3-3.2.3(a) shall be applied to the
Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the
subcontracted portion of the extra work and a markup of 5 percent on work added in excess of
$5,000 of the subcontracted portion of the extra work may be added by the Contractor.
3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon,
the Contractor shall submit a daily report to the Engineer on forms approved by the Agency.
Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that
day, and other services and expenditures when authorized. Payment for extra work will not be
made until such time that the Contractor submits completed daily reports and all supporting
documents to the Engineer. Failure to submit the daily report by the close of the next working day
may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it
shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes
shall be entered by each party to explain points which cannot be resolved immediately. Each party
shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted
through the Contractor.
The report shall:
1. Show names of workers, classifications, and hours worked.
2. Describe and list quantities of materials used.
3. Show type of equipment, size, identification number, and hours of operation, including
loading and transportation, if applicable.
4. Describe other services and expenditures in such detail as the Agency may require.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 90
3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the
following Work site conditions (hereinafter called changed conditions), in writing, upon their
discovery and before they are disturbed:
1. Subsurface or latent physical conditions differing materially from those represented in the
Contract;
2. Unknown physical conditions of an unusual nature differing materially from those ordinarily
encountered and generally recognized as inherent in work of the character being
performed; and
3. Material differing from that represented in the Contract which the Contractor believes may
be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is
required to be removed to a Class I, Class II, or Class III disposal site in accordance with
provisions of existing law.
The Engineer will promptly investigate conditions which appear to be changed conditions. If the
Engineer determines that conditions are changed conditions and they will materially affect
performance time, the Contractor, upon submitting a written request, will be granted an extension
of time subject to the provisions of 6-6.
If the Engineer determines that the conditions do not justify an adjustment in compensation, the
Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to
notify the Engineer in writing if the Contractor disagrees.
The Contractor’s failure to give notice of changed conditions promptly upon their discovery and
before they are disturbed shall constitute a waiver of all claims in connection therewith.
The Contractor shall not be entitled to the payment of any additional compensation for any act, or
failure to act, by the Engineer, including failure or refusal to issue a change order, or for the
happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first
given the Engineer due written notice of potential claim as hereinafter specified. Compliance with
this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract
Time Accounting, nor to any claim that is based on differences in measurement or errors of
computation as to contract quantities. The written notice of potential claim for changed conditions
shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time
that the Contractor performs the work giving rise to the potential claim. The Contractor’s failure to
give written notice of potential claim for changed conditions to the agency upon their discovery
and before they are disturbed shall constitute a waiver of all claims in connection therewith.
The Contractor shall provide the City with a written document containing a description of the
particular circumstances giving rise to the potential claim, the reasons for which the Contractor
believes additional compensation may be due and nature of any and all costs involved within 20
working days of the date of service of the written notice of potential claim for changed conditions.
Verbal notifications are disallowed.
The potential claim shall include the following certification relative to the California False Claims
Act, Government Code Sections 12650-12655.
“The undersigned certifies that the above statements are made in full cognizance of the California
False Claims Act, Government Code Sections 12650-12655. The undersigned further
understands and agrees that this potential claim, unless resolved, must be restated as a claim in
response to the City’s proposed final estimate in order for it to be further considered.”
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 91
By: ___________________________________ Title: ______________________________
Date: _________________________________
Company Name: ______________________________________________________________
The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor
shall submit substantiation of its actual costs to the Engineer within 20 working days after the
affected work is completed. Failure to do so shall be sufficient cause for denial of any claim
subsequently filed on the basis of said notice of potential claim.
It is the intention of this section that differences between the parties arising under and by virtue
of the contract be brought to the attention of the Engineer at the earliest possible time in order
that such matters be settled, if possible, or other appropriate action promptly taken.
3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim
prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all
claims in connection therewith. If the contractor and the agency are unable to reach agreement
on disputed work, the Agency may direct the contractor to proceed with the work.
Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified
hereinafter, the contractor shall attempt to resolve all disputes informally through the following
dispute resolution chain of command:
1. Project Inspector
2. Construction Manager
3. Deputy City Engineer, Construction Management & Inspection
4. City Engineer
5. City Manager
The Contractor shall submit a complete report within 20 working days after completion of the
disputed work stating its position on the claim, the contractual basis for the claim, along with all
documentation supporting the costs and all other evidentiary materials. At each level of claim or
appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim,
review the Contractor’s report and respond with a position, request additional information or
request that the Contractor meet and present its report. When additional information or a meeting
is requested the City will provide its position within 10 working days of receipt of said additional
information or Contractor’s presentation of its report. The Contractor may appeal each level’s
position up to the City Manager after which the Contractor may proceed under the provisions of
the Public Contract Code.
The authority within the dispute resolution chain of command is limited to recommending a
resolution to a claim to the City Manager. Actual approval of the claim is subject to the change
order provisions in the contract.
All claims by the -Contractor shall be resolved in accordance with Public Contract Code section
9204, which is set forth below:
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 92
9204. (a) The Legislature finds and declares that it is in the best interests of the state and its
citizens to ensure that all construction business performed on a public works project in the state
that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with
Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2,
and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply
to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with
return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay
assessed by a public entity under a contract for a public works project.
(B) Payment by the public entity of money or damages arising from work done by, or on behalf of,
the contractor pursuant to the contract for a public works project and payment for which is not
otherwise expressly provided or to which the claimant is not otherwise entitled.
(C) Payment of an amount that is disputed by the public entity.
(2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with
Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct
contract with a public entity for a public works project.
(3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state
agency, department, office, division, bureau, board, or commission, the California State
University, the University of California, a city, including a charter city, county, including a charter
county, city and county, including a charter city and county, district, special district, public
authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by
a public agency and formed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department.
(ii) The Department of Transportation as to any project under the jurisdiction of that department.
(iii) The Department of Parks and Recreation as to any project under the jurisdiction of that
department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under its
jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the
Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department.
(vi) The Department of General Services as to all other projects.
(vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of
any public structure, building, road, or other public improvement of any kind.
(5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing
with Section 7000) of Division 3 of the Business and Professions Code who either is in direct
contract with a contractor or is a lower tier subcontractor.
(d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim
applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days,
shall provide the claimant a written statement identifying what portion of the claim is disputed and
what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual
agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 93
(C) If the public entity needs approval from its governing body to provide the claimant a written
statement identifying the disputed portion and the undisputed portion of the claim, and the
governing body does not meet within the 45 days or within the mutually agreed to extension of
time following receipt of a claim sent by registered mail or certified mail, return receipt requested,
the public entity shall have up to three days following the next duly publicly noticed meeting of the
governing body after the 45-day period, or extension, expires to provide the claimant a written
statement identifying the disputed portion and the undisputed portion.
(D) Any payment due on an undisputed portion of the claim shall be processed and made within
60 days after the public entity issues its written statement. If the public entity fails to issue a written
statement, paragraph (3) shall apply.
(2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to
respond to a claim issued pursuant to this section within the time prescribed, the claimant may
demand in writing an informal conference to meet and confer for settlement of the issues in
dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt
requested, the public entity shall schedule a meet and confer conference within 30 days for
settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the
claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a
written statement identifying the portion of the claim that remains in dispute and the portion that
is undisputed. Any payment due on an undisputed portion of the claim shall be processed and
made within 60 days after the public entity issues its written statement. Any disputed portion of
the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation,
with the public entity and the claimant sharing the associated costs equally. The public entity and
claimant shall mutually agree to a mediator within 10 business days after the disputed portion of
the claim has been identified in writing. If the parties cannot agree upon a mediator, each party
shall select a mediator and those mediators shall select a qualified neutral third party to mediate
with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged
by its respective mediator in connection with the selection of the neutral mediator. If mediation is
unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures
outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not
limited to, neutral evaluation or a dispute review board, in which an independent third party or
board assists the parties in dispute resolution through negotiation or by issuance of an evaluation.
Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation
conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to
mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under
private arbitration or the Public Works Contract Arbitration Program, if mediation under this
section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods
described in this subdivision or to otherwise meet the time requirements of this section shall result
in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public
entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements
of this section, shall not constitute an adverse finding with regard to the merits of the claim or the
responsibility or qualifications of the claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent
per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a
public entity because privity of contract does not exist, the contractor may present to the public
entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 94
request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that
the contractor present a claim for work which was performed by the subcontractor or by a lower
tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be
presented to the public entity shall furnish reasonable documentation to support the claim. Within
45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as
to whether the contractor presented the claim to the public entity and, if the original contractor did
not present the claim, provide the subcontractor with a statement of the reasons for not having
done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for
any public works project that may give rise to a claim under this section.
(f) A waiver of the rights granted by this section is void and contrary to public policy, provided,
however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing,
mediation and proceed directly to the commencement of a civil action or binding arbitration, as
applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute
resolution procedures and requirements in addition to the provisions of this section, so long as
the contractual provisions do not conflict with or otherwise impair the timeframes and procedures
set forth in this section.
(g) This section applies to contracts entered into on or after January 1, 2017.
(h) Nothing in this section shall impose liability upon a public entity that makes loans or grants
available through a competitive application process, for the failure of an awardee to meet its
contractual obligations.
(i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed,
unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that
date.
In addition, all claims by Contractor for $375,000 or less shall be resolved in accordance with the
procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing
with Section 20104) which is set forth below
ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS
20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand
dollars ($375,000) or less which arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a contract between a contractor and a
public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1
(commencing with Section 10240) of Chapter 1 of Part 2.
(b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except
that "public work" does not include any work or improvement contracted for by the state or the
Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of
money or damages arising from work done by, or on behalf of, the contractor pursuant to the
contract for a public work and payment of which is not otherwise expressly provided for or the
claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the
local agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans or
specifications for any work which may give rise to a claim under this article.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 95
(d) This article applies only to contracts entered into on or after January 1, 1991.
20104.2. For any claim subject to this article, the following requirements apply:
(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 contract for the
filing of claims.
(b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in
writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within
30 days of receipt of the claim, any additional documentation supporting the claim or relating to
defenses to the claim the local agency 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 local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted
to the claimant within 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)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred
seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written
claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt
of the claim, any additional documentation supporting the claim or relating to defenses to the
claim the local agency 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 local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted
to the claimant within 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 local agency's written response, or the local agency fails to respond
within the time prescribed, the claimant may so notify the local agency, in writing, either within 15
days of receipt of the local agency's response or within 15 days of the local agency'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 local agency shall schedule a
meet and confer conference within 30 days for settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any portion remains in dispute, the
claimant may file a claim as provided in 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 subdivision
(a) until the time that claim is denied as a result of the meet and confer process, including any
period of time utilized by the meet and confer process.
(f) This article does not apply to tort claims and nothing in this article is intended nor shall be
construed to change the time periods for filing tort claims or actions specified by 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.
20104.4. The following procedures are established for all civil actions filed to resolve claims
subject to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the
court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both
parties. The mediation process shall provide for the selection within 15 days by both parties of a
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 96
disinterested third person as mediator, shall be commenced within 30 days of the submittal, and
shall be concluded within 15 days from the commencement of the mediation unless a time
requirement is extended upon a good cause showing to the court or by stipulation of both parties.
If the parties fail to select a mediator within the 15-day period, any party may petition the court to
appoint the mediator.
(b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant
to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil
Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article
3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure)
shall apply to any proceeding brought under the subdivision consistent with the rules pertaining
to judicial arbitration.(2) Notwithstanding any other provision of law, upon stipulation of the parties,
arbitrators appointed for purposes of this article shall be experienced in construction law, and,
upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable
hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid
equally by the parties, except in the case of arbitration where the arbitrator, for good cause,
determines a different division. In no event shall these fees or expenses be paid by state or county
funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of
Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but
does not obtain a more favorable judgment shall, in addition to payment of costs and fees under
that chapter, pay the attorney's fees of the other party arising out of the trial de novo.
(c) The court may, upon request by any party, order any witnesses to participate in the mediation
or arbitration process.
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is
undisputed except as otherwise provided in the contract.
(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on
any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed
in a court of law.
Although not to be construed as proceeding under extra work provisions, the Contractor shall
keep and furnish records of disputed work in accordance with Section 3-3.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 97
SECTION 4 – CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP.
4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall
be new, high grade, and free from defects. Quality of work shall be in accordance with the
generally accepted standards. Material and work quality shall be subject to the Engineer’s
approval.
Materials and work quality not conforming to the requirements of the Specifications shall be
considered defective and will be subject to rejection. Defective work or material, whether in place
or not, shall be removed immediately from the site by the Contractor, at its expense, when so
directed by the Engineer.
If the Contractor fails to replace any defective or damaged work or material after reasonable
notice, the Engineer may cause such work or materials to be replaced. The replacement expense
will be deducted from the amount to be paid to the Contractor.
Used or secondhand materials, parts, and equipment may be used only if permitted by the
Specifications.
4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage
facilities and employ such measures as will preserve the specified quality and fitness of materials
to be used in the Work. Stored materials shall be reasonably accessible for inspection. The
Contractor shall also adequately protect new and existing work and all items of equipment for the
duration of the Contract.
The Contractor shall not, without the Agency’s consent, assign, sell, mortgage, hypothecate, or
remove equipment or materials which have been installed or delivered and which may be
necessary for the completion of the Contract.
4-1.3 Inspection Requirements.
4-1.3.1 General. Unless otherwise specified, inspection is required at the source for such typical
materials and fabricated items as bituminous paving mixtures, structural concrete, metal
fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and
similar shop or plant operations.
Steel pipe in sizes less than 6 inches and vitrified clay and cast iron pipe in all sizes are acceptable
upon certification as to compliance with the Specifications, subject to sampling and testing by the
Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing
fixtures, etc., are subject to inspection at the job site only. Special items of equipment such as
designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to
inspection at the source, normally only for performance testing. The Specifications may require
inspection at the source for other items not typical of those listed in this section.
The Contractor shall provide the Engineer free and safe access to any and all parts of work at
any time. Such free and safe access shall include means of safe access and egress, ventilation,
lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in
the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4,
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 98
Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety
regulations as may apply. Contractor shall furnish Engineer with such information as may be
necessary to keep the Engineer fully informed regarding progress and manner of work and
character of materials. Inspection or testing of the whole or any portion of the work or materials
incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract.
4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to
purchase materials, fabricated products, or equipment from sources located more than 50 miles
outside the geographical limits of the Agency, an inspector or accredited testing laboratory
(approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the
materials, equipment or process. This approval shall be obtained before producing any material
or equipment. The inspector or representative of the testing laboratory shall judge the materials
by the requirements of the Plans and Specifications. The Contractor shall forward reports required
by the Engineer. No material or equipment shall be shipped nor shall any processing, fabrication
or treatment of such materials be done without proper inspection by the approved agent. Approval
by said agent shall not relieve the Contractor of responsibility for complying with the Contract
requirements.
4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory
services within 50 miles of the geographical limits of the Agency. For private contracts, all costs
of inspection at the source, including salaries and mileage costs, shall be paid by the permittee.
4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples
of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its
expense, shall deliver the materials for testing to the place and at the time designated by the
Engineer. Unless otherwise provided, all initial testing will be performed under the direction of the
Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for testing,
it will be stated in the Specifications. For private contracts, the testing expense shall be borne by
the permittee.
The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to
use materials for which tests are specified, to allow sufficient time to perform the tests. The notice
shall name the proposed supplier and source of material.
If the notice of intent to use is sent before the materials are available for testing or inspection, or
is sent so far in advance that the materials on hand at the time will not last but will be replaced by
a new lot prior to use on the Work, it will be the Contractor’s responsibility to renotify the Engineer
when samples which are representative may be obtained.
Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced
materials and/or on-site workmanship where the results of such tests meet or exceed the
requirements indicated in the Standard Specifications, Technical Specification, and any
Supplemental Provisions. The cost of all other tests shall be borne by the Contractor.
At the option of the Engineer, the source of supply of each of the materials shall be approved by
the Engineer before the delivery is started. All materials proposed for use may be inspected or
tested at any time during their preparation and use. If, after incorporating such materials into the
Work, it is found that sources of supply that have been approved do not furnish a uniform product,
or if the product from any source proves unacceptable at any time, the Contractor shall furnish
approved material from other approved sources. If any product proves unacceptable after
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 99
improper storage, handling or for any other reason it shall be rejected, not incorporated into the
work and shall be removed from the project site all at the Contractor’s expense.
Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the
requirements of the specifications shall be borne by the Agency. Said tests may be made at any
place along the work as deemed necessary by the Engineer. The costs of any retests made
necessary by noncompliance with the specifications shall be borne by the Contractor.
4-1.5 Certification. The Engineer may waive materials testing requirements of the
Specifications and accept the manufacturer’s written certification that the materials to be supplied
meet those requirements. Material test data may be required as part of the certification.
4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or
offer an equivalent. The Engineer shall determine whether the material offered is equivalent to
that specified. Adequate time shall be allowed for the Engineer to make this determination.
Whenever any particular material, process, or equipment is indicated by patent, proprietary or
brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its
description and shall be deemed to be followed by the words or equal. A listing of materials is
not intended to be comprehensive, or in order of preference. The Contractor may offer any
material, process, or equipment considered to be equivalent to that indicated. The substantiation
of offers shall be submitted as provided in the contract documents.
The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to
those specified. The Contractor shall have the material tested as required by the Engineer to
determine that the quality, strength, physical, chemical, or other characteristics, including
durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its
intended function.
Test methods shall be subject to the approval of the Engineer. Test results shall be reported
promptly to the Engineer, who will evaluate the results and determine if the substitute item is
equivalent. The Engineer’s findings shall be final. Installation and use of a substitute item shall
not be made until approved by the Engineer.
If a substitute offered by the Contractor is not found to be equal to the specified material, the
Contractor shall furnish and install the specified material.
The specified Contract completion time shall not be affected by any circumstance developing from
the provisions of this section.
The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole
opinion of the Engineer, the substitution is determined to be unsatisfactory in performance,
appearance, durability, compatibility with associated items, availability of repair parts and
suitability of application the Contractor shall remove the substituted item and replace it with the
originally specified item at no cost to the Agency.
4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for
proportioning materials shall be inspected for accuracy and certified within the past 12 months by
the State of California Bureau of Weights and Measures, by the County Director or Sealer of
Weights and Measures, or by a scale mechanic registered with or licensed by the County.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 100
The accuracy of the work of a scale service agency, except as stated herein, shall meet the
standards of the California Business and Professions Code and the California Code of
Regulations pertaining to weighing devices. A certificate of compliance shall be presented, prior
to operation, to the Engineer for approval and shall be renewed whenever required by the
Engineer at no cost to the Agency.
All scales shall be arranged so they may be read easily from the operator’s platform or area. They
shall indicate the true net weight without the application of any factor. The figures of the scales
shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant
shut down. Weighing equipment shall be so insulated against vibration or moving of other
operating equipment in the plant area that the error in weighing with the entire plant running will
not exceed 2 percent for any setting nor 1.5 percent for any batch.
4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to
pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and
strain-measuring devices shall be calibrated by a testing agency acceptable to the Engineer at
intervals not to exceed 12 months and following repairs, modification, or relocation of the
equipment. Calibration certificates shall be provided when requested by the Engineer.
4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar
and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and
Modified Asphalts). In the interest of safety and public value, whenever credible evidence arises
to contradict the test values of materials, the Agency and the Contractor will initiate an immediate
and cooperative investigation. Test values of materials are results of the materials’ tests, as
defined by these Specifications or by the special provisions, required to accept the Work. Credible
evidence is process observations or test values gathered using industry accepted practices. A
contradiction exists whenever test values or process observations of the same or similar materials
are diverse enough such that the work acceptance or performance becomes suspect. The
investigation shall allow access to all test results, procedures, and facilities relevant to the
disputed work and consider all available information and, when necessary, gather new and
additional information in an attempt to determine the validity, the cause, and if necessary, the
remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism
acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved
and the cooperative investigation concluded. Whenever the cooperative investigation is unable to
reach resolution, the investigation may then either conclude without resolution or continue by
written notification of one party to the other requesting the implementation of a resolution process
by committee. The continuance of the investigation shall be contingent upon recipient’s
agreement and acknowledged in writing within 3 calendar days after receiving a request. Without
acknowledgement, the investigation shall conclude without resolution. The committee shall
consist of three State of California Registered Civil Engineers. Within 7 calendar days after the
written request notification, the Agency and the Contractor will each select one engineer. Within
14 calendar days of the written request notification, the two selected engineers will select a third
engineer. The goal in selection of the third member is to complement the professional experience
of the first two engineers. Should the two engineers fail to select the third engineer, the Agency
and the Contractor shall each propose 2 engineers to be the third member within 21 calendar
days after the written request notification. The first two engineers previously selected shall then
select one of the four proposed engineers in a blind draw. The committee shall be a continuance
of the cooperative investigation and will re-consider all available information and if necessary
gather new and additional information to determine the validity, the cause, and if necessary, the
remedy to the contradiction. The committee will focus upon the performance adequacy of the
material(s) using standard engineering principles and practices and to ensure public value, the
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 101
committee may provide engineering recommendations as necessary. Unless otherwise agreed,
the committee will have 30 calendar days from its formation to complete their review and submit
their findings. The final resolution of the committee shall be by majority opinion, in writing, stamped
and signed. Should the final resolution not be unanimous, the dissenter may attach a written,
stamped, and signed minority opinion. Once started, the resolution process by committee shall
continue to full conclusion unless:
1. Within 7 days of the formation of the committee, the Agency and the Contractor reach an
acceptable resolution mechanism; or
2. Within 14 days of the formation of the committee, the initiating party withdraws its written
notification and agrees to bear all investigative related costs thus far incurred; or
3. At any point by the mutual agreement of the Agency and the Contractor. Unless otherwise
agreed, the Contractor shall bear and maintain a record for all the investigative costs until
resolution. Should the investigation discover assignable causes for the contradiction, the
assignable party, the Agency or the Contractor, shall bear all costs associated with the
investigation. Should assignable causes for the contradiction extended to both parties, the
investigation will assign costs cooperatively with each party or when necessary, equally.
Should the investigation substantiate a contradiction without assignable cause, the
investigation will assign costs cooperatively with each party or when necessary, equally.
Should the investigation be unable to substantiate a contradiction, the initiator of the
investigation shall bear all investigative costs. All claim notification requirements of the
contract pertaining to the contradiction shall be suspended until the investigation is
concluded.
4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE.
The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the
quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate,
remove and dispose excess of all materials used to accomplish the Work. Materials shall be
delivered to the site of the work only during working hours, as defined in Section 6-7.2, and shall
be accompanied by bills of lading that shall clearly state for each delivery: the name of the
Contractor as consignee, the Barrio Street Lighting and number, address of delivery and name
of consignor and a description of the material(s) shipped. Prior to storage of any materials which
have been shipped to or by the Contractor to any location within the Agency’s boundaries the
Contractor shall provide the Engineer a copy of lease agreements for each property where such
materials are stored. The lease agreement shall clearly state the term of the lease, the
description of materials allowed to be stored and shall provide for the removal of the materials
and restoration of the storage site within the time allowed for the Work. All such storage shall
conform to all laws and ordinances that may pertain to the materials stored and to preparation of
the storage site and the location of the site on which the materials are stored. Loss, damage or
deterioration of all stored materials shall be the Contractor’s responsibility. Conformance to the
requirements of this section, both within and outside the limits of work are a part of the Work.
The Engineer shall have the right to verify the suitability of materials and their proper storage at
any time during the Work.
Storage and staging areas are the Contractor’s responsibility. If the Plans designate a staging
location within the Project or in close proximity, the Contractor may utilize such area for their use.
The storage and staging areas shall be as close as possible to the Site. Contractor is responsible
for obtaining any permits, leases, or any other items necessary to obtain staging areas.
Storage of hazardous wastes, construction equipment material, and parking and fueling of
equipment shall not be allowed in the MHPA or other biologically sensitive areas. Ensure the
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 102
fueling of vehicles occurs only within designated staging areas using appropriate catch basins
and devices.
Return the storage and staging area and the adjacent area to an equal or better condition as
deemed necessary by the Engineer, at no additional cost to the Agency.
The Contractor shall provide the Engineer a copy of the lease agreement for any property to be
used for the storage of materials or equipment prior to delivery or storage of any materials or
equipment. Each lease agreement shall clearly state the term of the lease and a description of
the materials or equipment allowed to be stored and shall provide for the removal of the materials
or equipment and restoration of the storage site within the time allowed for the Work.
Construction equipment shall not be stored at the Work Site before its actual use on the Work nor
for more than 5 Calendar Days after it is no longer needed. Time necessary for repair or assembly
of equipment may be authorized by the Engineer.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 103
SECTION 5 – UTILITIES
5-1 LOCATION. The Agency and affected utility companies have, by a search of known
records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits
of the work. However, the accuracy and/or completeness of the nature, size and/or location of
utilities indicated on the Plans is not guaranteed.
Where underground main distribution conduits such as water, gas, sewer, electric power,
telephone, or cable television are shown on the Plans, the Contractor shall assume that every
property parcel will be served by a service connection for each type of utility.
As provided in Section 4216 of the California Government Code, at least 2 working days prior to
commencing any excavation, the Contractor shall contact the regional notification center
(Underground Service Alert of Southern California) and obtain an inquiry identification number.
The California Department of Transportation is not required by Section 4216 to become a member
of the regional notification center. The Contractor shall contact it for location of its subsurface
installations.
Prior to excavation, the Contractor shall determine, by potholing, the locations and depths of all
utilities which are shown on the Contract Documents or have been marked by the utility owners
and which may affect or be affected by its operations. The Contractor shall pothole all service
connections, utilities that cross or parallel (within 5 feet) the proposed construction, and all
connection points to existing utilities. The Contractor shall record the material size (outside
diameter), type, and horizontal and vertical locations (bearing and slope) and submit the data and
allow time for the Engineer’s review in accordance with Section 2-5.3. All lighting locations are to
be field verified by Engineer prior to final installation due to potential unforeseen conflicts.
The Contractor shall pothole all existing utilities prior to the start of digging adjacent to or above
the utility. All existing utilities running perpendicular to the centerline of the street where digging
will occur, including all laterals shall be potholed. The Contractor shall determine the depth of all
pipe and conduit that is encased in concrete and slurry; the Contractor may use a combination of
destructive and non-destructive testing methods to determine the depths of pipe and conduit
encased in concrete and slurry. Existing utilities shall be potholed at all crossings of proposed
utilities. The Contractor shall submit all pothole data, along with a certification of the accuracy of
said data, to the Engineer for review and approval a minimum of three weeks prior to the start of
any demolition work.
5-1.1 Measurement and Payment for Potholing.
The contract unit price paid for this Potholing shall constitute full compensation for furnishing all
labor, materials, tools, and equipment necessary for potholing, completing the required potholes,
preparing and submitting a pothole report, underground location services, and processing no fee
permit with the City of Carlsbad, and no additional compensation shall be allowed.
5-2 PROTECTION. The Contractor shall not interrupt the service function or disturb the
support of any utility without authority from the owner or order from the Agency. All valves,
switches, vaults, and meters shall be maintained readily accessible for emergency shutoff.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 104
Where protection is required to ensure support of utilities located as shown on the Plans or in
accordance with Section 5-1, the Contractor shall, unless otherwise provided, furnish and place
the necessary protection at its expense.
Upon learning of the existence and location of any utility omitted from or shown incorrectly on the
Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the
Engineer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3.
The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed
or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged
if located as noted in Section 5-1.
When placing concrete around or contiguous to any non-metallic utility installation, the Contractor
shall at its expense:
1. Furnish and install a 2 inch cushion of expansion joint material or other similar resilient
material; or
2. Provide a sleeve or other opening which will result in a 2-inch minimum-clear annular
space between the concrete and the utility; or
3. Provide other acceptable means to prevent embedment in or bonding to the concrete.
Where concrete is used for backfill or for structures which would result in embedment, or partial
embedment, of a metallic utility installation; or where the coating, bedding or other cathodic
protection system is exposed or damaged by the Contractor’s operations, the Contractor shall
notify the Engineer and arrange to secure the advice of the affected utility owner regarding the
procedures required to maintain or restore the integrity of the system.
5-3 REMOVAL. Unless otherwise specified, the Contractor shall remove all interfering
portions of utilities shown on the Plans or indicated in the Bid documents as “abandoned” or “to
be abandoned in place”. Before starting removal operations, the Contractor shall ascertain from
the Agency whether the abandonment is complete. The costs involved in the removal and
disposal shall be considered incidental to the bid items of work necessitating such removals and
no separate payment shall be made therefor, unless a bid item for “Removal” is specifically
included in the bid proposal.
5-4 RELOCATION. When feasible, the owners responsible for utilities within the area affected
by the Work will complete their necessary installations, relocations, repairs, or replacements
before commencement of work by the Contractor. When the Plans or Specifications indicate that
a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct
all negotiations with the owners and work will be done at no cost to the Contractor, except for
manhole frame and cover sets to be brought to grade as provided in the Standard Specifications
for Public Works Construction, Section 301-1.6, 2021 Edition, and the latest supplements thereto.
Utilities which are relocated in order to avoid interference shall be protected in their position and
the cost of such protection shall be included in the Bid for the items of work necessitating such
relocation.
After award of the Contract, portions of utilities which are found to interfere with the Work will be
relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work
to avoid interference. Such changes will be paid for in accordance with Section 3-2.
When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a
utility, all costs for such work shall be included in the Bid for the items of work necessitating such
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 105
work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for
its convenience shall be its responsibility and it shall make all arrangements and bear all costs.
The utility owner will relocate service connections as necessary within the limits of the Work or
within temporary construction or slope easements. When directed by the Engineer, the Contractor
shall arrange for the relocation of service connections as necessary between the meter and
property line, or between a meter and the limits of temporary construction or slope easements.
The relocation of such service connections will be paid for in accordance with provisions of
Section 3-3. Payment will include the restoration of all existing improvements which may be
affected thereby. The Contractor may agree with the owner of any utility to disconnect and
reconnect interfering service connections. The Agency will not be involved in any such agreement.
In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and
companies. Prior to the installation of any and all utility structures within the limits of work by any
utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter
that is a part of the work and adjacent to the location where such utility structures are shown on
the plans and are noted as being located, relocated or are otherwise shown as installed by others.
In order to minimize delays to the Contractor caused by the failure of other parties to relocate
utilities that interfere with the construction, the Contractor, upon the Engineer’s approval, may be
permitted to temporarily omit the portion of work affected by the utility. If such temporary omission
is approved by the Engineer the Contractor shall place survey or other physical control markers
sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company.
Such temporary omission shall be for the Contractor’s convenience and no additional
compensation will be allowed therefore or for additional work, materials or delay associated with
the temporary omission. The portion thus omitted shall be constructed by the Contractor
immediately following the relocation of the utility involved unless otherwise directed by the
Engineer.
5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as
it affects the protection, removal, or relocation of utilities. Said notification shall be included as a
part of the construction schedule required in Section 6-1. The Contractor shall notify the Engineer
in writing of any subsequent changes in the construction schedule which will affect the time
available for protection, removal, or relocation of utilities.
The Contractor will not be entitled to damages or additional payment for delays attributable to
utility relocations or alterations if correctly located, noted, and completed in accordance with
Section 5-1.
The Contractor may be given an extension of time for unforeseen delays attributable to
unreasonably protracted interference by utilities in performing work correctly shown on the Plans.
The Agency will assume responsibility for the timely removal, relocation, or protection of existing
main or trunkline utility facilities within the area affected by the Work if such utilities are not
identified in the Contract Documents. The Contractor will not be assessed liquidated damages for
any delay caused by failure of Agency to provide for the timely removal, relocation, or protection
of such existing facilities.
If the Contractor sustains loss due to delays attributable to interferences, relocations, or
alterations not covered by Section 5-1, which could not have been avoided by the judicious
handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 106
Engineer may find to be fair and reasonable compensation for such part of the Contractor’s actual
loss as was unavoidable and the Contractor may be granted an extension of time.
5-6 COOPERATION. When necessary, the Contractor shall so conduct its operations as to
permit access to the Work site and provide time for utility work to be accomplished during the
progress of the Work.
San Diego Gas and Electric (SDGE) will adjust gas valves to finished grade. The Contractor shall
coordinate with SDGE for the adjustment of gas valves to finished grade. SDGE will require a
work window of 15 working days to complete the adjustments of gas valves to finished grade.
SDGE will provide new electrical service for both metered and unmetered services. There are a
total of two (2) unmetered services for street lights and five (5) metered services. The Contractor
shall install all hand holes, pull boxes, and conduit as shown on the plans, including a conduct
riser and conduit that runs one foot (1’) up the power pole in cases where the services is coming
from overhead power. The Contractor shall coordinate the new electrical service work with SDGE,
including the SDGE work to energize the new services.
Any work on the underground facilities shall be coordinated with the Engineer. If the Contractor
cannot protect in-place existing underground facilities, the Contractor shall replace any damaged
or removed underground facilities in a timely manner as to not allow for extended delays to
vehicular, pedestrian or transit services. If the services are subject to extended delays, the
Contractor shall notify the Engineer prior to the expiring of the original scheduled work time. All
underground facilities shall be as-built and included on the Contractor’s as-built drawings.
Contractor shall coordinate its work with all utility relocations and adjustments (including
adjustments to finished grade) required to be performed by others (i.e., utility providers or their
contractors) during construction. Contractor shall include the timing and duration of such work in
its Progress Schedule (e.g., “utility windows”). Contractor must provide utility companies with 20
working days written notice that the site has been or will be prepared; including the date
preparation has been or will be complete, for all utility relocation and adjustment work to be
performed by others. Contractor shall set-up a pre-construction meeting with the utility provider,
Carlsbad Municipal Water District representative(s), and the City’s representative(s), for each
relocation or adjustment no sooner than ten (10) working days prior to the start of the utility
provider’s work.
For existing utility manholes, vaults, and other features to be adjusted to finished grade by utility
providers, adjustment to finished grade shall occur prior to the construction of the final asphalt
concrete surface lift. Contractor shall coordinate work with utility providers, such that the final
asphalt concrete surface lift is constructed within seven (7) days of the construction of the initial
asphalt concrete surface lift.
For utilities that the Contractor is responsible for adjusting to finished grade, the Contractor must
provide 48 hours advanced notification of the work to be performed and the location to the utility
providers.
For Private Electrical Vaults to be adjusted to finished grade by the Contractor, the Contractor
shall submit plans detailing grade adjustment means and methods to SDGE Liaison for review
and approval. Submittal(s) by Contractor shall occur at least 20 working days ahead of the
Contactor’s scheduled date to perform adjustments. Vaults shall only to be opened by SDGE or
SDGE Contractor.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 107
The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is
caused by the utility company. No additional compensation will be made to the Contractor for any
such delay.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 108
SECTION 6 – PROSECUTION, PROGRESS,
AND ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as
otherwise provided herein and unless otherwise prohibited by permits from other agencies as may
be required by law the Contractor shall begin work within 15 calendar days after receipt of the
"Notice to Proceed".
6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer
will set the time and location for the Preconstruction Meeting. Attendance of the Contractor’s
management personnel responsible for the management, administration, and execution of the
project is mandatory for the meeting to be convened. Failure of the Contractor to have the
Contractor’s responsible project personnel attend the Preconstruction Meeting will be grounds for
default by Contractor per Section 6-4. No separate payment will be made for the Contractor’s
attendance at the meeting. The notice to proceed will only be issued on or after the completion of
the preconstruction meeting.
6-1.2 Baseline Construction Schedule. The Contractor shall prepare the Baseline
Construction Schedule as a Critical Path Method (CPM) Schedule in the precedence diagram
method (activity-on-node) format and submit the schedule in accordance with 2-5.3. The schedule
shall:
A. Be prepared using commercially available, Windows compatible scheduling software
program such as, Primavera, Microsoft Project, or approved equal.
B. Be prepared in hard copy (paper) and electronic format (compact disc) readable by the
scheduling software specified herein and free of file locking, encryption or any other
protocol that would impede full access to the data. The disc shall be labeled with the
project name and number, the Contractor’s name and the date of preparation.
C. Begin with the date projected for the Notice to Proceed and conclude with the date of final
completion conforming with the Contract time.
D. Depict a time-scaled network diagram of all activities, logic relationships of interdependent
activities, and milestones comprising the complete period of Work with tasks on the
vertical axis and their durations on the horizontal axis. Use distinctive texture patterns or
line types to show the critical path within the Contract time. Include a tabular listing of each
activity and its identification number, description, duration, early start, early finish, late
start, late finish, total float, and all predecessor and successor activities. The number of
activities will communicate the Contractor’s plan for project execution, accurately describe
the project work and allow monitoring and evaluation of progress and time impacts. Activity
descriptions shall accurately define the work planned for the activity. Activity durations
shall not be shorter than 1 working day or longer than 15 working days unless approved
by the Engineer.
E. Include detail of all project phasing, staging and sequencing including all milestones
necessary to define beginning and ending of each phase or stage and constraints which
may impact any activity. Include time allowances for coordination with utility companies
and other agencies, equipment and material deliveries, reviews and approvals, Work
performed by others, inspections, testing and commissioning, corrective work, and any
non-work periods.
F. Baseline Construction Schedule must be submitted in Procore and free of file locking,
encryption or any other protocol that would impede full access to the data. Identify the
project name and number, the Contractor’s name and the date of preparation or revision.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 109
Float or slack time within the schedule is available without charge or compensation to whatever
party or contingency first exhausts it. A schedule which shows a project duration longer than the
Contract Time will not be acceptable and will be grounds to consider the Contractor in default of
the Contract per 6-4.
The Engineer may choose to accept the Contractor’s proposal of a project duration which is
shorter than the Contract time provided the shortened Baseline Construction Schedule is
reasonable and demonstrates, to the satisfaction of the Engineer, that the Agency and all other
entities, public and private, which interface with the project are able to support the provisions of
the shortened schedule. Acceptance of a shortened Baseline Construction Schedule will be
confirmed through the execution of a Change Order revising the Contract time.
The Engineer’s approval of the Baseline Construction Schedule is a condition precedent to
issuance of the Notice to Proceed. If the schedule does not meet the requirements of these
specifications, the Contractor shall revise the schedule and resubmit it to the Engineer. Failure to
obtain the Engineer’s approval of the schedule within twenty (20) working days after the date of
the preconstruction meeting shall be grounds to consider the Contractor in default of the Contract
per 6-4. The number of working days used by the Engineer to review the initial Baseline
Construction Schedule submittal will not be included in the 20 working days. The Engineer shall
complete subsequent reviews of the revised schedule and progress updates within 5 working
days of receipt. The Engineer’s response to each review will consist of one of the following:
“Accepted.” The Contractor may proceed with the Work upon issuance of the
Notice to Proceed. Payment for the schedule may be requested by the Contractor.
“Accepted with Comments.” The Contractor may proceed with the Work upon
issuance of the Notice to Proceed. The Contractor must revise and resubmit the
schedule and receive the Engineer’s acceptance of the schedule before payment
for the schedule is requested by the Contractor.
“Not Accepted.” The Contractor may not proceed with the Work, must revise and
resubmit the schedule and may not request payment for the schedule.
6-1.2.1 Schedule Updates and Revisions. The Contractor shall meet with the Engineer during
the last week of each month to agree upon the completion level of each activity as a basis for
progress payments. Schedule updates shall conform with the requirements for the initial submittal
in 6-1.2 and shall:
A. Show the actual dates of each activity start and/or finish during the month. The schedule
update shall include specific notation for any changes in actual dates after they are first
reported.
B. Report the percent complete for each activity in progress at the end of the month as
determined by the Engineer.
C. Include a list and explanation of all changes made to the activities, dates or
interconnecting logic.
D. Include activity and network revisions reflecting the Change Orders approved in the
previous month as agreed upon during the review and acceptance of the Change Orders.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 110
The Engineer’s responses to the progress schedule updates shall be as described in 6-1.2. The
Contractor shall proceed with Work and request payment for the progress schedule updates as
described therein.
If the Contractor fails to submit the progress schedule updates as required herein, the Contractor
may elect to proceed with the Work at its own risk and shall forfeit payment for the progress
schedule update until compliance is met. If the Contractor elects to delay or cease Work after
failure to submit the progress schedule updates, any resulting delay, impact, or disruption to the
Work will be the Contractor’s responsibility.
6-1.2.2 Interim Revisions. Should the actual or projected progress of the Work exceed 5 percent
of the Contract time, the Contractor shall prepare and submit a revised Baseline Construction
Schedule independently of and prior to the next progress schedule update with a list and
explanation of each change made to the schedule. The submittal, schedule review and
acceptance requirements of 6-1.2.1 shall apply.
6-1.2.3 Late Completion or Milestone Dates. If a schedule update indicates a completion date
later than the Contract time or contractually required milestone completion date, the Agency may
withhold Liquidated Damages for the number of days late. Should a subsequent schedule update
which removes all or a portion of the delay be “Accepted” by the Engineer, all or the allocated
portion of the previously held Liquidated Damages shall be released in the monthly payment to
the Contractor immediately following such acceptance.
6-1.2.4 Final Schedule Update. The Contractor shall prepare and submit a final schedule update
when one hundred percent of the Work is completed. The update must accurately represent the
actual dates for all activities. The final schedule update shall be prepared and reviewed in
accordance with 6-1.2.1. Acceptance of the final schedule update is required for release of funds
retained per 9-3.2.
6-1.3 Measurement and Payment. Construction Schedule will be paid for at the contract price
and no separate payment with be made, therefore. Payment shall include full compensation for
furnishing all labor and materials and incidentals for attending meetings, preparing and revising
the Construction Schedule and narrative reports required by this specification section. The
Engineer’s determination that each and any construction schedule submitted by the Contractor
complies with these requirements shall be precedent to each and any payment for the
Construction Schedule. Payment will be made as per Sections 6-1.3.1 through 6-1.3.3.
6-1.3.1 Initial Payment. Ten percent (10%) of the stipulated lump sum price for the Construction
Schedule will be made when the Engineer has accepted a Baseline Construction Schedule for
this project.
6-1.3.2 Monthly Updated Construction Schedule Payments. The monthly payment for
Construction Schedule subsequent to the initial payment shall be 80% of the stipulated lump sum
price divided by the Contract Time (in months) for each monthly construction schedule submitted,
updated as required herein, that the Engineer has accepted as sufficient within the month that the
monthly progress payment pertains. No payment shall be made, nor shall any payment accrue,
for any monthly construction schedule that is not marked “Accepted” by the Engineer on or before
the twentieth working day of the month such monthly construction schedule is due per Section
6-1.2.1. The sum of the amounts paid for Construction Schedule during the initial and subsequent
payment periods, or extensions to the contract, shall not exceed the stipulated lump sum price for
Construction Schedule.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 111
6-1.3.3 Concluding Payment. A final payment of ten percent (10%) of the stipulated lump sum
price for the Construction Schedule will be made when both one hundred percent of the contract
work is completed and the Engineer has accepted a final construction schedule update prepared
and submitted by the Contractor as required herein that shows the actual beginning and ending
dates and all other data that is required for baseline and update schedules for each activity shown
on the baseline construction schedule and updates thereto that the Engineer accepted for this
project.
6-2 PROSECUTION OF WORK.
To minimize public inconvenience and possible hazard and to restore street and other work areas
to their original condition and state of usefulness as soon as practicable, the Contractor shall
diligently prosecute the Work to completion. If the Engineer determines that the Contractor is
failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the
Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as
described herein shall be included in the Contractor’s Bid. Should the Contractor fail to take the
necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may
suspend the work in whole or part, until the Contractor takes said steps.
As soon as possible under the provisions of the Specifications, the Contractor shall backfill all
excavations and restore to usefulness all improvements existing prior to the start of the Work.
If Work is suspended through no fault of the Agency, all expenses and losses incurred by the
Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to
properly provide for public safety, traffic, and protection of the Work during periods of suspension,
the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such
actions will not relieve the Contractor from liability.
6-2.1 Order of Work. The work generally involves removing existing asphalt, base, sidewalk,
curb, gutter, curb ramps, landscaping, relocating sewer and water utilities; installing new asphalt,
base, sidewalk, curb, gutter, curb ramps, truck aprons, lighting, sewer main, water lines,
landscaping and irrigation, traffic signs, and restriping. The descriptions in this section are an
overview only and shall not relieve the Contractor from its responsibilities to conduct all
coordination and complete all Work in its entirety in accordance with the Contract Documents.
The Contractor shall conduct the activities in the following general order:
1. Submit construction schedule, schedule of values, working drawings, shop drawings and
secure necessary permits. Submit a sewer bypass plan for work involving interruption of
flow in existing sewer facilities. Submit a pipeline highlining plan for all potable water
domestic or fire services with service interruptions exceeding 6 hours.
2. Secure staging area(s).
3. Conduct surveying and staking of the pipeline alignments, locations of appurtenances and
limits of right-of-way. Conduct Underground Service Alert (DigAlert) notification for utility
mark-out and pre-construction video and photographs. Mobilize labor force, materials and
equipment for subsequent phases of the Work and install temporary facilities and BMPs,
traffic control and excavation safety measures.
4. Pothole all utilities that cross or parallel (within 5 feet of) planned excavations and utility
connection locations and immediately notify the Engineer of any potential conflicts. Submit
potholing data in accordance with Section 2-5.3. Pavement saw-cutting or excavation
shall not commence at any construction heading until existing utilities have been potholed
and confirmed by the Contractor to have no conflict with the Work.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 112
5. Trenching operations, installation of conduit, pulling of conductors, pullbox installation and
foundations.
6. Construct new surface improvements or restore existing improvements to original or better
condition in areas disturbed by construction.
6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project
Meetings. The Contractor’s Representative shall attend each Project Meeting. The Project
Representative shall be the individual determined under Section 7-6, “The Contractor’s
Representative”. No separate payment for attendance of the Contractor, the Contractor’s
Representative or any other employee or subcontractor or subcontractor’s employee at these
meetings will be made. The Contractor shall provide the most recent construction schedule at
each Project Meeting.
6-3 SUSPENSION OF WORK.
6-3.1 General. The Work may be suspended in whole or in part when determined by the
Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall
comply immediately with any written order of the Engineer. Such suspension shall be without
liability to the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3.
6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of
archaeological or paleontological interest, the Contractor shall immediately cease excavation in
the area of discovery and shall not continue until ordered by the Engineer. When resumed,
excavation operations within the area of discovery shall be as directed by the Engineer.
Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone
implements or other artifacts, animal bones, human bones, and fossils.
The Contractor shall be entitled to an extension of time and compensation in accordance with the
provisions of Section 6-6.
6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and
equipment, to commence the Work within the time specified, to maintain the rate of delivery of
material, to execute the Work in the manner and at such locations as specified, or fails to maintain
the Work schedule which will insure the Agency’s interest, or, if the Contractor is not carrying out
the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety
on its Faithful Performance Bond demanding satisfactory compliance with the Contract.
The Contract may be canceled by the Board without liability for damage, when in the Board’s
opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or
subcontracted any part of the Work without the Board’s consent. In the event of such cancellation,
the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums
bid and the quantity of the Work completed at the time of cancellation, less damages caused to
the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed
to have waived any and all claims for damages because of cancellation of Contract for any such
reason. If the Agency declares the Contract canceled for any of the above reasons, written notice
to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume
control and perform the Work as successor to the Contractor.
If the Surety assumes any part of the Work, it shall take the Contractor’s place in all respects for
that part, and shall be paid by the Agency for all work performed by it in accordance with the
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 113
Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of
its default shall be payable to the Surety as the Work progresses, subject to the terms of the
Contract.
If the Surety does not assume control and perform the Work within 5 days after receiving notice
of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the
premises. The Agency may then take possession of all material and equipment and complete the
Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination
of such methods. In any event, the cost of completing the Work shall be charged against the
Contractor and its Surety and may be deducted from any money due or becoming due from the
Agency. If the sums due under the Contract are insufficient for completion, the Contractor or
Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums
due.
The provisions of this section shall be in addition to all other rights and remedies available to the
Agency under law.
6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own
discretion or when conditions encountered during the Work make it impossible or impracticable
to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by
law, or by official action of a public authority.
6-6 DELAYS AND EXTENSIONS OF TIME.
6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor,
such delays will entitle the Contractor to an extension of time as provided herein, but the
Contractor will not be entitled to damages or additional payment due to such delays, except as
provided in 6-6.3. Such unforeseen events may include: war, government regulations, labor
disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work,
inability to obtain materials, labor or equipment, required extra work, or other specific events as
may be further described in the Specifications.
No extension of time will be granted for a delay caused by the Contractor’s inability to obtain
materials unless the Contractor furnishes to the Engineer documentary proof. the proof must be
provided in a timely manner in accordance with the sequence of the Contractor’s operations and
the approved construction schedule.
If delays beyond the Contractor’s control are caused by events other than those mentioned above,
the Engineer may deem an extension of time to be in the best interests of the Agency. The
Contractor will not be entitled to damages or additional payment due to such delays, except as
provided in Section 6-6.3.
If delays beyond the Contractor’s control are caused solely by action or inaction by the Agency,
such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2.
6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of
delays to the Work. They will not be granted for noncontrolling delays to minor portions of the
Work unless it can be shown that such delays did or will delay the progress of the Work.
6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages
incurred due to delays for which the Agency is responsible. Such actual costs will be determined
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 114
by the Engineer. The Agency will not be liable for damages which the Contractor could have
avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The
determination of what damages the Contractor could have avoided will be made by the Engineer.
6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer
within two hours of the beginning of any period that the Contractor has placed any workers or
equipment on standby for any reason that the Contractor has determined to be caused by the
Agency or by any organization that the Agency may otherwise be obligated by. The Contractor
shall provide continuing daily written notice to the Engineer, each working day, throughout the
duration of such period of delay. The initial and continuing written notices shall include the
classification of each workman and supervisor and the make and model of each piece of
equipment placed on standby, the cumulative duration of the standby, the Contractor’s opinion of
the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay
by reasonable means. Should the Contractor fail to provide the notice(s) required by this section
the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore.
6-7 TIME OF COMPLETION.
6-7.1 General. The Contractor shall complete the Work within the time set forth in the Contract.
The Contractor shall complete each portion of the Work within such time as set forth in the
Contract for such portion. The time of completion of the Contract shall be expressed in working
days. The Contractor shall diligently prosecute the work to completion within 160 Working Days
after the starting date specified in the Notice to Proceed.
6-7.2 Working Day. A working day is any day within the period between the start of the Contract
time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by
the Engineer for all work provided for in the Contract, whichever occurs first, other than:
1. Saturday,
2. Sunday,
3. any day designated as a holiday by the Agency,
4. any other day designated as a holiday in a Master Labor Agreement entered into by the
Contractor or on behalf of the Contractor as an eligible member of a contractor association,
5. any day the Contractor is prevented from working at the beginning of the workday for
cause as defined in Section 6-6.1,
6. any day the Contractor is prevented from working during the first 5 hours with at least
60 percent of the normal work force for cause as defined in Section 6-6.1.
Night work shall be defined as the following:
1. Sunday night at 9 p.m. through Friday morning at 6 a.m.
a. Preparatory work between the hours of 9 p.m. to 10 p.m.,
b. Active construction work between the hours of 10 p.m. to 5 a.m., and
c. Demobilization/clean-up between the hours of 5 a.m. to 6 a.m.
2. Excludes Agency holidays.
In addition to Agency holidays, open excavations and service shutdowns will not be allowed on
the day prior to Thanksgiving and between December 23 and January 1.
Main line or service shutdowns will not be allowed on Mondays and Fridays.
Unless otherwise approved in writing by the Engineer, the hours of work shall be between the
hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 115
The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work
outside said hours or at any time during weekends and/or holidays. This written permission must
be obtained at least 48 hours prior to such work. The Engineer may approve or direct work to
occur outside the hours and/or days stated herein when, in his/her sole opinion, such work
conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall
pay the inspection costs of such work.
The Contractor shall not muster or conduct other preparatory efforts at or in the vicinity of the
work site or staging areas outside of the above work hours.
No work shall be performed by the Contractor during any moratoriums or special events
designated by the Agency. The Contractor shall incorporate the dates, areas and types of work
prohibited herein or elsewhere in the Contract Documents into the Construction Schedule. No
additional payment, adjustment of bid prices or adjustment of contract time of completion will be
allowed as a consequence of the prohibition of work being performed within the dates, areas
and/or types of work prohibited in this section.
6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each
working day to be charged against the Contract time. These determinations will be discussed and
the Contractor will be furnished a periodic statement showing allowable number of working days
of Contract time, as adjusted, at the beginning of the reporting period. The statement will also
indicate the number of working days charged during the reporting period and the number of
working days of Contract time remaining. If the Contractor does not agree with the statement, it
shall file a written protest within 15 days after receipt, setting forth the facts of the protest.
Otherwise, the statement will be deemed to have been accepted.
6-8 COMPLETION, ACCEPTANCE, AND WARRANTY.
6-8.1 Site Walk-Through. After the site has been fully restored, the Inspector will schedule an
inspection within five days of the Contractor’s request. The Contractor and Inspector shall attend
the inspection and all outstanding deficiencies shall be identified in a List of Deficiencies (also
known as the punchlist).
A review of the red-line record drawings and asset schedule shall also be completed at the Site
Walk-Through and all red-line deficiencies will be added to the List of Deficiencies.
6-8.2 List of Deficiencies. Following the Site Walk-Through, the Inspector will generate the List
of Deficiencies within five working days. The Contractor shall then have 10 working days to
perform corrective work and provide a written response to each punchlist item.
6-8.3 Site Follow-Up Walk-Through. Upon receipt of written responses to the List of
Deficiencies, the Inspector will complete a follow-up inspection. Any outstanding deficiencies will
be noted and returned to the Contractor. Outstanding deficiencies will delay full payment of any
relevant bid items.
6-8.4 Request for Final Walk-Through. Once the Contractor asserts they have satisfied the
terms of the Contract and with the Inspector’s permission, the Contractor may submit written
assertion in the form of a Request for Final Walk-Through, certifying that all deficiencies identified
through the Site Walk-Through process have been addressed and request a Final Inspection to
demonstrate project completion to the Agency. The Contractor shall provide an attachment to the
Request for Final Inspection with the Contractor’s written response to each deficiency. The
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 116
Request for Final Inspection shall not be considered complete without the Contractor’s written
response to each deficiency.
6-8.5 Final Walk-Through. Upon receipt of the Request for Final Walk-Through, the Inspector
shall schedule the Final Inspection. The Inspector and Contractor shall attend the final inspection.
Representatives from other Agency departments reserve the right to be present at the Final
Inspection.
The red-line record drawings and asset schedules shall also be reviewed.
If any deficiencies are not satisfactorily addressed or additional deficiencies are identified, the
Contractor will have 10 working days to complete the corrective work.
6-8.6 Request for Completion. The Engineer will not accept the Work or any portion of the
Work before all of the Work is completed and all outstanding deficiencies are corrected by the
Contractor, and the Engineer is satisfied that all of the Work meets the requirements of the
Contract Documents.
Once the Final Walk-Through has been completed and all outstanding deficiencies satisfactorily
completed to Agency’s approval, the Contractor shall submit a written assertion in the form of
Request for Completion letter, certifying that the Work has been completed.
6-8.7 Completion. Upon receipt of the Request for Completion letter, the Agency shall review
the written assertion within 2 working days. If, in the Engineer’s judgment, the Work has been
completed in accordance with the Contract Documents, the Agency will issue a Completion Letter.
The completion date will be the date to which liquidated damages will be computed.
Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute
completion or acceptance of the Work.
6-8.8 Acceptance. Acceptance will occur after all the requirements contained in the Contract
Documents have been fulfilled. If, in the Engineer’s judgment, the Contractor has fully performed
the Contract, the Engineer will so certify to the Board. Upon such certification by the Engineer,
the Board may accept the Work. Upon the Board’s acceptance of the Work, the Agency will cause
a “Notice of Completion” to be filed in the office of the San Diego County Recorder. The date of
recordation shall be the date of acceptance of the Work.
6-8.9 Warranty. All work shall be warranted for one (1) year after acceptance of the Work and
any faulty work or materials discovered during the warranty period shall be repaired or replaced
by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be
retained as a warranty bond for the warranty period. The Contractor shall replace or repair any
such defective work in a manner satisfactory to the Engineer, after notice to do so from the
Engineer, and within the time specified in the notice. If the Contractor fails to make such
replacement or repairs within the time specified in the notice, the Agency may perform this work
and the Contractor’s sureties shall be liable for the cost thereof.
6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time
allowed will result in damages being sustained by the Agency. For each consecutive calendar day
in excess of the time specified for completion of Work, as adjusted in accordance with Section 6-
6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of fifteen hundred
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 117
dollars per ($1,500.00) per day. Such sum is liquidated damages and shall not be construed as a
penalty and may be deducted from payments due the Contractor if such delay occurs.
Execution of the Contract shall constitute agreement by the Agency and Contractor that $1,500.00
per day is the minimum value of costs and actual damages caused by the Contractor to complete
the Work within the allotted time. Any progress payments made after the specified completion
date shall not constitute a waiver of this paragraph or of any damages.
6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency reserves the right to
take over and utilize all or part of any completed facility or appurtenance. The Contractor will be
notified in writing in advance of such action. Such action by the Agency will relieve the Contractor
of responsibility for injury or damage to said completed portions of the improvement resulting from
use by public traffic or from the action of the elements or from any other cause, except Contractor
operations or negligence. The Contractor will not be required to reclean such portions of the
improvement before field acceptance, except for cleanup made necessary by its operations.
Nothing in this section shall be construed as relieving the Contractor from full responsibility for
correcting defective work or materials.
In the event the Agency exercises its right to place into service and utilize all or part of any
completed facility or appurtenance, the Agency will assume the responsibility and liability for injury
to persons or property resulting from the utilization of the facility or appurtenance so placed into
service, except for any such injury to persons or property caused by any willful or negligent act or
omission by the Contractor, Subcontractor, their officers, employees, or agents.
SECTION 7 – RESPONSIBILITIES OF THE CONTRACTOR
7-1 CONTRACTOR’S EQUIPMENT AND FACILITIES. The Contractor shall furnish and
maintain in good condition all equipment and facilities as required for the proper execution and
inspection of the Work. Such equipment and facilities shall meet all requirements of applicable
ordinances and laws.
7-2 LABOR.
7-2.1 General. Only competent workers shall be employed on the Work. Any person employed
who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable,
or who fails or refuses to perform work properly and acceptably, shall be immediately removed
from the Work by the Contractor and not be reemployed on the Work.
7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with
applicable provisions of the Labor Code and Federal, State, and local laws related to labor.
The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum
wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and
nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall
forfeit to the Agency the penalties prescribed in the Labor Code for violations.
In accordance with the Labor Code, the Board has on file and will publish a schedule of prevailing
wage rates for the types of work to be done under the Contract. The Contractor shall not pay less
than these rates.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 118
Each worker shall be paid subsistence and travel as required by the collective bargaining
agreement on file with the State of California Department of Industrial Relations.
The Contractor’s attention is directed to Section 1776 of the Labor Code which imposes
responsibility upon the Contractor for the maintenance, certification, and availability for inspection
of such records for all persons employed by the Contractor or Subcontractor in connection with
the project. The Contractor shall agree through the Contract to comply with this Section and the
remaining provisions of the Labor Code.
7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the
Public Works Contract.
The cost of this insurance shall be included in the Contractor’s Bid.
7-4 WORKERS’ COMPENSATION INSURANCE. Before execution of the Contract by the
Board, the Contractor shall file with the Engineer the following signed certification:
“I am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for workers’
compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract.”
The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for,
and maintaining in full force and effect for the duration of the contract, complete Workers’
Compensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before
execution of the Contract. The Agency, its officers, or employees, will not be responsible for any
claims in law or equity occasioned by failure of the Contractor to comply with this paragraph.
All compensation insurance policies shall bear an endorsement or shall have attached a rider
whereby it is provided that, in the event of expiration or proposed cancellation of such policies for
any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days
before expiration or cancellation is effective.
All insurance is to be placed with insurers that are admitted and authorized to conduct business
in the state of California and are listed in the official publication of the Department of Insurance of
the State of California. Policies issued by the State Compensation Fund meet the requirement for
workers' compensation insurance.
7-5 PERMITS. Except as specified herein the Contractor will obtain at their expense City of
Carlsbad encroachment, right-of-way, grading and building permits necessary to perform work for
this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work
until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all
permits for the disposal of all materials removed from the project. The cost of said permit(s) shall
be included in the price bid for the appropriate bid item and no additional compensation will be
allowed therefore. The Contractor shall obtain and pay for all costs incurred for permits
necessitated by its operations such as, but not limited to, those permits required for night work,
overload, blasting, and demolition. For private contracts, the Contractor shall obtain all permits
incidental to the Work or made necessary by its operations, and pay all costs incurred by the
permit requirements.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 119
The Contractor shall pay all business taxes or license fees that are required for the work.
7-5.1 Resource Agency Permits. There are no resource agency permits for the Work.
7-6 THE CONTRACTOR’S REPRESENTATIVE. Before starting work, the Contractor shall
designate in writing a representative who shall have complete authority to act for it. An alternative
representative may be designated as well. The representative or alternate shall be present at the
Work site whenever work is in progress or whenever actions of the elements necessitate its
presence to take measures necessary to protect the Work, persons, or property. Any order or
communication given to this representative shall be deemed delivered to the Contractor. A joint
venture shall designate only one representative and alternate. In the absence of the Contractor
or its representative, instructions or directions may be given by the Engineer to the superintendent
or person in charge of the specific work to which the order applies. Such order shall be complied
with promptly and referred to the Contractor or its representative.
In order to communicate with the Agency, the Contractor’s representative, superintendent, or
person in charge of specific work shall be able to speak, read, and write the English language.
Bidder shall submit the qualifications of the Contractor's Representative with the bid. The resume
and qualifications for the Contractor's Representative shall demonstrate, at a minimum:
1. Five years of experience as superintendent successfully completing public street
improvements and potable water distribution and sewer pipeline replacements, with at
least three projects having a construction cost of $3 million or greater and similar
complexity as specified for this Contract.
2. Three projects that required the replacement of potable or reclaimed water distribution
system pipe and isolation valves ranging in size from 8- to 12-inch diameter.
The City of Carlsbad reserves the right to disqualify bidders if the required technical ability and
experience of the Contractor's Representative is not established.
In the event that the Contractor proposes to change it’s Representative prior to Project
completion, the Contractor shall notify the Agency and submit the qualifications of the proposed
Representative for the Engineer's review at least two weeks prior to the proposed change. The
qualifications shall demonstrate that the minimum requirements of the position, as described
herein, are satisfied. The Engineer will review the qualifications within 10 working days of receipt.
No change in Contractor's Representative will be allowed without the Agency's approval. In the
event of a change in Contractor's Representative without prior approval, Agency reserves the
right to suspend work, at the Contractor's cost, until a qualified Representative is approved for the
Project.
7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for
ascertaining the nature and extent of any simultaneous, collateral, and essential work by others.
The Agency, its workers and contractors and others, shall have the right to operate within or
adjacent to the Work site during the performance of such work.
The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate
their operations and cooperate to minimize interference.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 120
The Contractor shall include in its Bid all costs involved as a result of coordinating its work with
others. the Contractor will not be entitled to additional compensation from the Agency for damages
resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize
such damage or delay, the Contractor shall redeploy its work force to other parts of the Work.
Should the Contractor be delayed by the Agency, and such delay could not have been reasonably
foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the
effect on the project, and any extension of time.
7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies
during the relocation or construction of their lines. The Contractor may be granted a time
extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional
compensation will be made to the Contractor for any such delay.
7-8 PROJECT SITE MAINTENANCE.
7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension
of work, and until the final acceptance, the Contractor shall keep the site clean and free from
rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and
sprinkling with water, or other means as necessary. The use of water resulting in mud on public
streets will not be permitted as a substitute for sweeping or other methods.
When required by the Plans or Specifications, the Contractor shall furnish and operate a self-
loading motor sweeper with spray nozzles at least once each working day for the purpose of
keeping paved areas acceptably clean wherever construction, including restoration, is
incomplete.
Materials and equipment shall be removed from the site as soon as they are no longer necessary.
Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish
so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in
the Contractor’s Bid.
Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed
immediately and the area cleaned.
Excess excavation material from catch basins or similar structures shall be removed from the site
immediately. Sufficient material may remain for use as backfill if permitted by the Specifications.
Forms and form lumber shall be removed from the site as soon as practicable after stripping.
Failure of the Contractor to comply with the Engineer’s cleanup orders may result in an order to
suspend work until the condition is corrected. No additional compensation will be allowed as a
result of such suspension.
Cleanup and dust control required herein shall also be executed on weekends and other
non-working days when needed to preserve the health safety or welfare of the public.
The Contractor shall conduct effective cleanup and dust control throughout the duration of the
Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her
sole discretion, are necessary to preserve the health, safety and welfare of the public.
Cleanup and dust control shall be considered incidental to the items of work that they are
associated with and no additional payment will be made therefore.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 121
7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air
contaminants into the atmosphere in such quantity as will violate the regulations of any legally
constituted authority.
7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the
Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall
be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall
be performed by a licensed exterminator in accordance with requirements of governing
authorities. The Contractor shall be liable for injury to persons or property and responsible for the
elimination of offensive odors resulting from extermination operations.
7-8.4 Sanitary Sewers. The Contractor shall provide and maintain enclosed toilets for the use
of employees engaged in the Work. These accommodations shall be maintained in a neat and
sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations
pertaining to public health and sanitation of dwellings and camps.
7-8.4.1 General. The flow of sewage shall not be interrupted. Should the Contractor disrupt the
operation of existing sanitary sewer facilities, or should disruption be necessary for performance
of the Work, the Contractor shall bypass the sewage flow around the Work. Sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be
permitted to flow in trenches nor be covered by backfill.
Whenever sewage bypass and pumping is required by the Plans or Specifications, or the Contractor so elects to perform, the Contractor shall submit a Working Drawing conforming to 7-
8.4.2 detailing its proposed plan of sewage bypass and pumping.
7-8.4.2 Sewage Bypass and Pumping Plan. The plan shall indicate the locations and capacities
of all pumps, sumps, suction and discharge lines. Pumps, equipment and piping shall be sized to
handle the peak sewer flows to be bypassed and pumped as follows:
LOCATION EX MH ID PWWF gallons per minute (gpm)
PINE AND HARDING 10C-49 470
ROOSEVELT AND CHESTNUT 16A-73 620
MADISON AND CHESTNUT 16A-31 370
Bypass piping, when crossing areas subject to traffic loads, shall be constructed in trenches with
adequate cover and otherwise protected from damage due to traffic. Lay-flat hose or aluminum
piping with an adequate casing and/or traffic plates may be allowed if so approved by the
Engineer. Bypass pump suction and discharge lines that extend into manholes shall be rigid hose
or hard pipe. Lay-flat hose will not be allowed to extend into manholes. The Contractor shall
provide a backup bypass pumping system in case of malfunction. The backup bypass system
shall provide 100 percent standby capability, and be in place and ready for immediate use. Each
standby pump shall be a complete unit with its own suction and discharge piping.
All pumps shall be critically silenced for noise control in such a manner that the maximum noise
level does not exceed 70 dbA within 30 feet of the bypass equipment. The Contractor is
responsible for noise attenuation equipment and odor control measures if determined necessary
by the Agency or County based on site conditions and impact to adjacent property owners.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 122
Bypass Operation: 24 hours per day, 7 days per week, including holidays, during the period of
Work. Operation of the bypass system shall be continuously monitored by the Contractor’s
qualified personnel.
Contractor shall have a minimum of five (5) years of experience in temporary handling of sewage
flows in projects of similar size and nature.
7-8.4.3 Spill Prevention and Emergency Response Plan. The Contractor shall prepare and
submit a spill prevention, and emergency response plan. The plan shall address implementation
of measures to prevent sewage spills, procedures for spill control and containment, notifications,
emergency response, cleanup, and spill and damage reporting.
The plan shall account for all storm drain systems and water courses within the vicinity of the
Work which could be affected by a sewage spill. Catch basins that could receive spilled sewage
shall be identified. Unless otherwise specified, these catch basins shall be sealed prior to
operating the bypass and pumping system. The Contractor shall remove all material used to seal
the catch basins when the bypass and pumping system operations are complete.
The Contractor shall be fully responsible for containing any sewage spillage, preventing any
sewage from reaching a watercourse, recovery and legal disposal of any spilled sewage, any
fines or penalties associated with the sewage spill imposed upon by the Agency and/or the
Contractor by jurisdictional regulatory agencies, and any other expenses or liabilities related to
the sewage spill.
7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and
remove all temporary light, power, and water at its own expense. These include piping, wiring,
lamps, and other equipment necessary for the Work. The Contractor shall not draw water from
any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency
concerned. The Contractor shall obtain a construction meter for water used for the construction,
plant establishment, maintenance, cleanup, testing and all other work requiring water related to
this contract. The Contractor shall contact the appropriate water agency for requirements. The
Contractor shall pay all costs of temporary light, power and water including hookup, service, meter
and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered
incidental to the items of work that they are associated with and no additional payment will be
made therefore.
7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to
protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule
operations so as to minimize or avoid muddying and silting of said channels, drains, and waters.
Water pollution control work shall consist of constructing those facilities which may be required to
provide prevention, control, and abatement of water pollution.
This Project, and all Project Work, requires compliance with Carlsbad Municipal Code Chapter
15.12 and coverage under the California Storm Water Discharges Associated with Construction
and Land Disturbance Activities, Order No. 2022-0057-DWQ, NPDES No. CAS000002, or
subsequent order, and any amendment, revision or re-issuance of it (Construction General
Permit).
A Storm Water Pollution Prevention Plan (SWPPP) is not required for this project. However, the
construction activities must still comply with all construction BMPs required pursuant to Title 15 of
the CMC and these standards.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 123
7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work
areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic
concrete, or other acceptable material will be permitted when necessary. Such dams shall be
removed from the site as soon as their use is no longer necessary.
7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped
with mufflers in good repair when in use on the project with special attention to the City Noise
Control Ordinance, Carlsbad Municipal Code Chapter 8.48.
7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor
shall be responsible for the protection of public and private property adjacent to the Work and
shall exercise due caution to avoid damage to such property.
The Contractor shall repair or replace all existing improvements within the right-of-way which are
not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility
installations, pavement, structures, etc.) which are damaged or removed as a result of its
operations. When a portion of a sprinkler system within the right-of-way must be removed, the
remaining lines shall be capped. Repairs and replacements shall be at least equal to existing
improvements and shall match them in finish and dimension.
Maintenance of street and traffic signal systems that are damaged, temporarily removed or
relocated shall be done in conformance with 307-1.5.
Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury.
If damaged or removed due to Contractor’s operations, they shall be restored or replaced in as
nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and
covered with suitable mulch.
The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit
them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the
right-of-way which are designated for removal and would be destroyed because of the Work.
All costs to the Contractor for protecting, removing, and restoring existing improvements shall be
included in the Bid.
7-10 PUBLIC CONVENIENCE AND SAFETY.
7-10.1 Traffic and Access. The Contractor’s operations shall cause no unnecessary
inconvenience. The access rights of the public shall be considered at all times. Unless otherwise
authorized, traffic shall be permitted to pass through the Work, or an approved detour shall be
provided.
Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire
hydrants; commercial and industrial establishments; churches, schools and parking lots; service
stations and motels; hospitals; police and fire stations; and establishments of similar nature.
Access to these facilities shall be continuous and unobstructed unless otherwise approved by the
Engineer.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 124
Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian
crossings of the Work at intervals not exceeding 90 m (300 feet), shall be maintained unless
otherwise approved by the Engineer.
Vehicular access to residential driveways shall be maintained to the property line except when
necessary construction precludes such access for reasonable periods of time. If backfill has been
completed to the extent that safe access may be provided, and the street is opened to local traffic,
the Contractor shall immediately clear the street and driveways and provide and maintain access.
The Contractor shall cooperate with the various parties involved in the delivery of mail and the
collection and removal of trash and garbage to maintain existing schedules for these services.
Grading operations, roadway excavation and fill construction shall be conducted by the Contractor
in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is
completed, the roadbed surface shall be brought to a smooth, even condition satisfactory for
traffic.
Unless otherwise authorized, work shall be performed in only one-half the roadway at one time.
One half shall be kept open and unobstructed until the opposite side is ready for use. If one-half
a street only is being improved, the other half shall be conditioned and maintained as a detour.
The Contractor shall schedule the work so as to prevent damage by all traffic, including but not
limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup.
The trash hauling schedule can be obtained by calling the City’s contracted waste disposal
company, Coast Waste Management at 929-9417.
During overlay operations, the Contractors schedule for overlay application shall be designated
to provide residents and business owners whose streets are to be overlaid sufficient paved
parking within an 800 foot distance from their homes or businesses.
Seventy-two hours prior to the start of any construction in the public right-of-way that affects
vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification
of the impending disruption. For a full street closure, all residences and/or businesses on the
affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway
repairs, the residences and/or businesses directly affected by the work shall be notified.
The notification shall be hand delivered and shall state the date and time the work will begin and
its anticipated duration. The notification shall list two telephone numbers that may be called to
obtain additional information. One number shall be the Contractor’s permanent office or field
office and the other number shall be a 24-hour number answered by someone who is
knowledgeable about the project. At least one of the phone numbers shall be in the (760) area
code. An answering machine shall not be connected to either number. The notification shall also
give a brief description of the work and simple instructions to the home or business owner on what
they need to do to facilitate the construction. The Contractor shall submit the contents of the
notification to the Engineer for approval. Notices shall not be distributed until approved by the
Engineer.
For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a
doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall
be brightly colored with contrasting printing. The material shall be equivalent in strength and
durability to 65 lb. card stock. The printing on the notice shall be no smaller than 12 point. An
example of such notice is provided in Appendix “A”. The precut notices shall be as shown on the
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 125
example provided by the communications department. The day of the week shall be circled and
appropriate information specific to the Work inserted at the locations indicated in the italicized
font. The preparation, materials, printing, delivery and distribution of the letters, door hangers and
notifications shall be included in the contract price Bid for Traffic Control and the Contractor will
not be entitled to any additional compensation for printing and distributing these notices.
In addition to the notifications, the contractor shall post no parking signs 72 hours in advance of
the work being performed. The no parking signs shall state the date and time of parking restriction
for a duration not to exceed the time necessary to complete the work at that location. Failure of
the contractor to meet the posted date requires re-posting the no parking signs 72 hours in
advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs
shall be removed and re-posted 72 hours in advance of the rescheduled work.
The preparation, materials, printing and distribution of the notifications shall be included in the
contract price bid for traffic control and the Contractor will not be entitled to any additional
compensation for printing and distributing these notices.
The contractor shall replace all street markings and striping damaged by construction activities.
The Contractor shall include in its Bid all costs for the above requirements.
7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not
be stored in streets, roads, or highways for more than 5 days after unloading. All materials or
equipment not installed or used in construction within 5 days after unloading shall be stored
elsewhere by the Contractor at its expense unless authorized additional storage time.
Construction equipment shall not be stored at the Work site before its actual use on the Work nor
for more than 5 days after it is no longer needed. Time necessary for repair or assembly of
equipment may be authorized by the Engineer.
Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be
stored in public streets unless otherwise permitted. After placing backfill, all excess material shall
be removed immediately from the site.
7-10.3 Street Closures, Detours, Barricades. The Contractor shall comply with all applicable
State, County, and City requirements for closure of streets. The Contractor shall provide barriers,
guards, lights, signs, temporary bridges, flag persons, and watchpersons. The Contractor shall
be responsible for compliance with additional public safety requirements which may arise. The
Contractor shall furnish and install signs and warning devices and promptly remove them upon
completion of the Work.
The Contractor shall not begin demolition work at the intersection of Harding Street and Pine
Avenue until after the NB bus stop is relocated to its new location. After obtaining the Engineers
approval and at least 5 working days before closing, detouring, partially closing or reopening any
street, alley or other public thoroughfare the Contractor shall notify the following:
1) The Engineer ............................................................................ (442) 339-2720
2) Carlsbad Fire Department Dispatch .......................................... (760) 931-2197
3) Carlsbad Police Department Dispatch ...................................... (760) 931-8500
4) Carlsbad Traffic Signals Maintenance (extension 2937) ........... (760) 438-2980
5) Carlsbad Traffic Signals Operations.......................................... (442) 339-2752
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 126
6) North County Transit District ..................................................... (760) 967-2828
7) Republic Services ..................................................................... (877) 692-9729
The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer’s
written approval prior to deviating from the requirements of 2) through, and including, 7) above.
The Contractor shall obtain the written approval no less than five working days prior to placing
any traffic control that affects bus stops.
The Contractor shall secure approval, in advance, from authorities concerned for the use of any
bridges proposed by it for public use. Temporary bridges shall be clearly posted as to load limit,
with signs and posting conforming to current requirements covering “signs” as set forth in the
Traffic Manual published by the California Department of Transportation. This manual shall also
apply to the street closures, barricades, detours, lights, and other safety devices required. All
costs involved shall be included in the Bid.
Traffic controls shall be in accordance with the plans, The California Manual on Uniform Traffic
Control Devices (FHWA MUTCD latest version, as amended for use in California) and these
provisions. If any component in the traffic control system is damaged, displaced, or ceases to
operate or function as specified, from any cause, during the progress of the work, the Contractor
shall immediately repair said component to its original condition or replace said component and
shall restore the component to its original location. In the event that the Contractor fails to install
and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be
required herein, the Engineer may, at his/her sole option, install the traffic signs, markings,
delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign
or device, or the actual cost of providing such traffic control facility, whichever is the greater.
7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and
control devices shall be maintained throughout the duration of work in good order and according
to the approved traffic control plan. All construction area signs shall conform to the provisions of
Section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions
of Section 214-5.1.et seq. All temporary reflective channelizers shall conform to the provisions of
Section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb
marking shall conform to the provisions of Section 210-1.6 et seq. except that all temporary paint
shall be rapid dry water borne conforming to Section 210-1.6 for materials and Section 310-5 et
seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to
provide traffic control, direction and/or warning shall be furnished, installed and maintained by the
Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the
Contractor when no longer required. Warning and advisory signs that remain in place overnight
shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be
removed from the traveled way and from the view of motorists in the traveled way or shielded
from the view of the traveling public during such periods that their message does not pertain to
existing conditions. Care shall be used in performing excavation for signs in order to protect
underground facilities. All excavation required to install stationary construction area signs shall
be performed by hand methods without the use of power equipment. Warning and advisory signs
that are used only during working hours may be portable signs. Portable signs shall be removed
from the traveled way and shielded from the view of the traveling public during non-working hours.
During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code,
portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with
the provisions in Section 206-7.2 et seq. If illuminated traffic cones rather than post-type
delineators are used during the hours of darkness, they shall be affixed or covered with reflective
cone sleeves as specified in CALTRANS “Standard Specifications”, except the sleeves shall be
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 127
7” long. Personal vehicles of the Contractor's employees shall not be parked within the traveled
way, including any Section closed to public traffic. Whenever the Contractor’s vehicles or
equipment are parked on the shoulder within 6’ of a traffic lane, the shoulder area shall be closed
with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked
vehicles or equipment and along the edge of the pavement at not less than 25’ intervals to a point
not less than 25’ past the last vehicle or piece of equipment. A minimum of nine (9) cones or
portable delineators shall be used for the taper. A W20-1 (Road Work Ahead) or C24 (Shoulder
Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree
with flags. The signpost or flag tree shall be placed where directed by the Engineer.
7-10.3.2 Maintaining Traffic. The Contractor’s personnel shall not work closer than 6’, nor
operate equipment within 2’ from any traffic lane occupied by traffic. For equipment, the 2’ shall
be measured from the closest approach of any part of the equipment as it is operated and/or
maneuvered in performing the work. This requirement may be waived when the Engineer has
given written authorization to the reduction in clearance that is specific to the time, duration and
location of such waiver, when such reduction is shown on the traffic control plans included in these
contract documents, when such reduction is shown on the traffic control plans prepared by the
Contractor and approved by the Engineer or for the work of installing, maintaining and removing
traffic control devices. As a condition of such waiver the Engineer may require the Contractor to
detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane
or provide barriers.
The Contractor may close the intersections at times with advance approval and notification to
public traffic during construction of the traffic circles. The Contractor shall maintain emergency
access at all times during the entire construction at these locations. The Contractor shall maintain
access to all driveways at all times during the entire construction at these locations.
7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing
traffic lanes or pedestrian walkways in accordance with the details shown on the plans, California
Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use
in California) and provisions under "Maintaining Traffic" elsewhere in these Provisions. The
provisions in this section will not relieve the Contractor from its responsibility to provide such
additional devices or take such measures as may be necessary to maintain public safety.
When lanes are closed for only the duration of work periods, all components of the traffic control
system, except portable delineators placed along open trenches or excavation adjacent to the
traveled way, shall be removed from the traveled way and shoulder at the end work period. If the
Contractor so elects, said components may be stored at selected central locations, approved by
the Engineer, within the limits of the right-of-way.
7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe
operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control
System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic
control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not
start traffic striping operations using an alternative plan until the Contractor has submitted its plan
to the Engineer and has received the Engineer's written approval of said plan.
7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished,
placed, maintained and removed in accordance with the minimum standards specified in the
California Manual on Uniform Traffic Control Devices (FHWA MUTCD, current edition, as
amended for use in California) published by CALTRANS. Whenever the work causes obliteration
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 128
of pavement delineation, temporary or permanent pavement delineation shall be in place prior to
opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be
provided at all times for traveled ways open to public traffic. All work necessary, including any
required lines or marks, to establish the alignment of temporary pavement delineation shall be
performed by the Contractor. When temporary pavement delineation is removed, all lines and
marks used to establish the alignment of the temporary pavement delineation shall be removed
by grinding.
Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose
material. Temporary pavement delineation shall not be applied over existing pavement delineation
or other temporary pavement delineation. Temporary pavement delineation shall be maintained
until superseded or replaced with permanent pavement delineation.
Temporary pavement delineation shall be removed when, as determined by the Engineer, the
temporary pavement delineation conflicts with the permanent pavement delineation or with a new
traffic pattern for the area and is no longer required for the direction of public traffic. When
temporary pavement delineation is required to be removed, all lines and marks used to establish
the alignment of the temporary pavement delineation shall be removed.
7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control
Plan Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included
in the project plans, or if the Contractor elects to modify TCP included in the project plans, the
Contractor shall have such new or modified TCP prepared and submitted as a part of the Work
for any and all construction activities that are located within the traveled way. The Contractor
shall have TCP prepared and submitted as a part of the Work for any construction activities that
are a part of this project that are not included in the project plans. The Contractor must submit
the TCP for the Engineer’s review in conformance with the requirements of Section 2-5.3, et seq.
and obtain the Engineer’s approval of the TCP prior to implementing them. The minimum 20-day
review period specified in Section 2-5.3.1 for shop drawings and submittals shall pertain to each
submittal of TCP, new, modified or added to, for the Engineer’s review. New or revised TCP
submittals shall include all TCP needed for the entire duration of the Work. Each phase of the
TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve
radii, stationing of features affecting the traffic control plan and the methodology proposed to
transition to the subsequent TCP phase. When the vertical alignment of the traveled surface
differs from the finished pavement elevation vertical curves must also be shown. Such
modifications, supplements and/or new design of TCP shall meet the requirements of the
Engineer and the California Manual on Uniform Traffic Control Devices (FHWA MUTCD, current
edition, as amended for use in California) as published by CALTRANS. Such modification,
addition, supplement, and/or new design of TCP shall be prepared by a registered professional
engineer appropriately registered in the State of California. The Engineer shall be the sole judge
of the suitability and quality of any such modifications, supplements, and/or new designs to TCP.
The Engineer may approve any such modifications, supplements, and/or new designs to the TCP
when, in the Engineer’s sole opinion, such modifications, supplements, and/or new designs to the
TCP prepared by the registered professional engineer retained by the Contractor will be beneficial
to the best interests of the Agency. Such modification, addition, supplement, and/or new design
shall not be implemented and no work shall be commenced that is contingent on such approval
until the changed TCP are approved by the Engineer. The preparation of such modification,
addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate
the Agency in any fashion. Submittal and review requirements for such modifications,
supplements, and/or new designs to TCP shall conform to the requirements of Section 2-5.3 Shop
Drawings and Submittals.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 129
7-10.3.7 Payment. The Contractor shall provide traffic control at the contract lump sum price bid.
The contract lump sum price paid for "traffic control" shall include full compensation for furnishing
all labor (including flagging costs), materials (including signs), tools, equipment and incidentals,
and for doing all the work involved in preparation, reproduction and changing of traffic control
plans, placing, applying traffic stripes and pavement markers with bituminous adhesive, removing,
storing, maintaining, moving to new locations, replacing, and disposing of the components of the
traffic control system as shown on the plans and approved additions and modifications, as
specified in these supplemental provisions, and as directed by the Engineer. All expenses and
time to prepare and review modifications, additions, supplements and/or new TCP designs shall
be included in the lump sum bid for traffic control and no additional payment will be made therefor.
Flagging costs will be paid for as a part of the Lump Sum Amount for "Traffic Control." The cost
of labor and material for portable concrete barriers will be paid for at the unit price bid. When
there is no bid item the cost of labor and material for portable concrete barriers they will be paid
as an incidental to the work being performed and no additional payment will be made therefor.
Progress payments for "Traffic Control" will be based on the percentage of the improvement work
completed.
7-10.4 Safety.
7-10.4.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable extracts
of: Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued
by the State Division of Industrial Safety. The Contractor shall comply with provisions of these
and all other applicable laws, ordinances, and regulations.
Before excavating any trench 5 feet or more in depth, the Contractor shall submit a detailed plan
to the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for
the workers’ protection from the hazard of caving ground during the excavation of such trench. If
the plan varies from the shoring system standards, the plan shall be prepared by a registered
Civil Engineer. No excavation shall start until the Engineer has accepted the plan and the
Contractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit
shall be submitted to the Engineer.
Payment for performing all work necessary to provide safety measures shall be included in the
prices bid for other items of work except where separate bid items for excavation safety are
provided, or required by law.
7-10.4.2 Use of Explosives. Explosives may be used only when authorized in writing by the
Engineer, or as otherwise stated in the Specifications. Explosives shall be handled, used, and
stored in accordance with all applicable regulations.
The Engineer’s approval of the use of explosives shall not relieve the Contractor from liability for
claims caused by blasting operations.
7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous
substances or mixtures may be required on the Work. A Material Safety Data Sheet as described
in Section 5194 of the California Code of Regulations shall be requested by the Contractor from
the manufacturer of any hazardous products used.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 130
Material usage shall be accomplished with strict adherence to California Division of Industrial
Safety requirements and all manufacturer warnings and application instructions listed on the
Material Safety Data Sheet and on the product container label.
The Contractor shall notify the Engineer if a specified product cannot be used under safe
conditions.
7-10.4.4 Confined Spaces.
(a) Confined Space Entry Program. The Contractor shall be responsible for implementing,
administering and maintaining a confined space entry program (CSEP) in accordance with
Sections 5156, 5157 and 5158, Title 8, CCR.
Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to
the Engineer. The CSEP shall address all potential physical and environmental hazards and
contain procedures for safe entry into confined spaces, including, but not limited to the following:
1. Training of personnel
2. Purging and cleaning the space of materials and residue
3. Potential isolation and control of energy and material inflow
4. Controlled access to the space
5. Atmospheric testing of the space
6. Ventilation of the space
7. Special hazards consideration
8. Personal protective equipment
9. Rescue plan provisions
The Contractor’s submittal shall include the names of its personnel, including subcontractor
personnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and
their specific assignment and responsibility in carrying out the CSEP.
(b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in
Section 5157, Title 8, CCR may be required as a part of the Work. All manholes, tanks, vaults,
pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit-
required confined spaces until the pre-entry procedures demonstrate otherwise. The Contractor
shall implement a permit space program prior to performing any work in a permit-required
confined space. A copy of the permit shall be available at all times for review by Contractor and
Agency personnel at the Work site.
(c) Payment. Payment for implementing, administering, and providing all equipment and
personnel to perform the CSEP shall be included in the bid items for which the CSEP is required.
7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary
precautions for the safety of employees on the work and shall comply with all applicable provisions
of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to
persons on, about, or adjacent to the premises where the work is being performed. The
Contractor shall erect and properly maintain at all times, as required by the conditions and
progress of the work, all necessary safeguards for the protection of workers and public, and shall
use danger signs warning against hazards created by such features of construction as protruding
nails, hoists, well holes, and falling materials.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 131
7-10.4.6 Flood Lighting.
7-10.4.6.1 General. When work is being performed during hours of darkness, as defined in
Division 1, Section 280, of the California Vehicle Code, flood lighting shall be used to illuminate
the Work site, flagger stations, equipment crossings and other hazardous areas. Flood lighting
shall provide visibility for a distance of 1/2 mile (800 m). Flood lights shall not shine directly into
the view of oncoming traffic.
7-10.4.6.2 Payment. No separate or additional payment will be made for flood lighting. Payment
shall be included in the Contract Unit Price or lump sum price in the Bid for the various Bid items.
7-10.4.7 Security and Protective Devices.
7-10.4.7.1 General. Security and protective devices shall consist of fencing, steel plates, or other
devices as specified in the Special Provisions to protect open excavations.
7-10.4.7.2 Security Fencing. The Contractor shall completely fence open excavations. Security
fencing shall conform to 304-5. Security fencing shall remain in place unless workers are present
and construction operations are in progress during which time the Contractor shall provide
equivalent security.
7-10.4.8 Steel Plate Covers.
7-10.4.8.1 General. The Contractor shall provide, install, and maintain steel plate covers as
necessary to protect from accidental entry into openings, trenches, and excavations. Plates shall
provide complete coverage to prevent any person, bicycle, motorcycle, or motor vehicle from
being endangered due to plate movement causing separations or gaps. The Contractor shall
submit the design in accordance with Section 2-5.3 which shall include the following criteria:
1. The approval of steel plate bridging shall be at the sole discretion of the Engineer.
2. Steel plate bridging shall be designed to support HS20-44 truck loading per Caltrans
Bridge Design Specifications Manual.
3. Surfaces exposed to pedestrian or vehicular traffic shall be non-skid. The Contractor shall
maintain a non-skid surface on the steel plate having a minimum coefficient of friction
equivalent to 0.35 as determined by California Test Method 342. If a different test method
is used, the Contractor may utilize standard test plates with known coefficients of friction
available from each Caltrans District Materials Engineer to correlate skid resistance results
to California Test Method 342.
4. The Contractor shall install signage with a 2-inch (51 mm) minimum letter height indicating
the steel plate cover load limit, the Company’s name, and a 24-hour emergency contact
phone number.
5. The Contractor shall install Rough Road (W33) sign with black lettering on an orange
background in advance of steel plate bridging.
6. The Contractor is responsible for the maintenance of the plates and asphalt concrete
ramps or other devices used to secure the plates and shoring of the trench to support all
loads.
7. The Contractor shall immediately mobilize necessary personnel and equipment to repair
plate movements, separation, noise, anchors, asphalt ramps or any other deficiency.
Failure to respond within 2 hours after being notified by the Engineer shall be grounds for
the City to perform necessary repairs at the expense of the Contractor.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 132
8. When plates are removed, the pavement surface shall be repaired to the satisfaction of
the Engineer.
9. For trench widths exceeding those in Table 7-10.4.8.2, a structural design shall be
prepared by a California registered civil or structural engineer regularly engaged in the
design of shoring systems.
7-10.4.8.2 Thickness. Steel plate covers shall conform to Table 7-10.4.8.2.
TABLE 7-10.4.8.2
Trench Width Steel Plate Cover Thickness
Less than 10" 1/2" (12.5 mm)
10" (250 mm) to 1'-11" (580 mm) 3/4" (19 mm)
2' (600 mm) to 2'-7" (790 mm) 7/8" (22 mm)
2'-8" (820 mm) to 3'-5" (1040 mm) 1" (25 mm)
3'-6" (1070 mm) to 5'-3" (1600 mm) 1-1/4" (32 mm)
More than 5'-3" (1600 mm) See Note 1
Notes:
1) The Contractor shall submit a Working Drawing and calculations based on AASHTO H20-44 bridge loading.
7-10.4.8.3 Installation. Steel plate covers shall extend a minimum of 2 feet (600 mm) beyond
trench edges. Unless otherwise specified in the Special Provisions or approved by the Engineer
for the site conditions prior to use, steel plate covers shall be installed using Method 1. Method 2
shall not be used in a traveled lane.
Method 1. The pavement shall be cold milled to a depth equal to the thickness of the plate
and to a width and length equal to the dimensions of the plate. The cold milling shall produce
a flat surface to support the plate with no horizontal or vertical movement. Horizontal gaps
between the unmilled pavement and the plate shall not exceed 1 inch (25 mm) and shall be
filled with elastomeric sealant material which may, at the Contractor’s option, be mixed with
no more that 50%, by volume, of Type I aggregate conforming to the requirements of Tables
203-5.2(B) and 203-5.3(A).
Method 2. The approach plate and ending plate (in longitudinal placement) shall be attached
to the surface by a minimum of 2 dowels, ¾” diameter (19 mm), drilled at the corners of the
plate and drilled 6 inches (150 mm) into the pavement. Subsequent plates may be butted next
to each other. Temporary asphalt concrete (D2-SC 800) shall be used to construct tapers from
the steel plate surface to the existing surface at a 12-inch (300 mm) run for each 1-inch (25
mm) thickness of steel plate. When steel plates are removed, the dowel holes in the pavement
section shall be completely filled with elastomeric sealant material.
Advance traffic warning signs shall be installed as specified in the Special Provisions or shown
on the TCP.
7-10.4.8.4 Payment. Steel plate bridge materials including, but not limited to steel plates,
anchoring devices, cold milling, elastomeric sealant material, asphalt ramping and padding,
signage, placing, installation, removal, relocation, preparation and processing of shop drawings
and submittals to support the use of steel plate bridging and all other materials, labor, supervision,
overhead of any type or description will be considered as incidental to the work. No separate or
additional payment for steel plate bridging will be made. No extension to contract time will be
allowed for, or because of, the use of steel plate bridging.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 133
7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees
or royalties on any patented article or process furnished or used in the Work. The Contractor shall
indemnify and hold the Agency harmless from any legal action that may be brought for
infringement of patents.
7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors,
architects, or engineers may be displayed on removable signs. The size and location shall be
subject to the Engineer’s approval.
Commercial advertising matter shall not be attached to or painted on the surfaces of buildings,
fences, canopies, or barricades.
7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and
National laws and County and Municipal ordinances and regulations which in any manner affect
those employed in the Work or the materials used in the Work or in any way affect the conduct of
the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and
regulations. Municipal ordinances that affect this work include Chapter 11.06. Excavation and
Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel
beds, for use in the proposed construction project which would be subject to Section 1601 or
Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601
et seq. of the Fish and Game Code shall become conditions of the contract.
7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides:
“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 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 subcontract.
The assignment shall be made and become effective at the time the awarding body tenders final
payment to the contractor, without further acknowledgment of the parties.”
ADD the following section:
7-15 PREVAILING WAGE. Pursuant to Section 1773 of the Labor Code, the general prevailing
wage rates in the county, or counties, in which the work is to be done have been determined by
the Director of the California Department of Industrial Relations. These wages are set forth in the
General Prevailing Wage Rates for this project, available at City of Carlsbad, 1635 Faraday
Avenue, Carlsbad, CA 92008 and available from the California Department of Industrial Relations’
Internet web site at http://www.dir.ca.gov. The Federal minimum wage rates for this project as
predetermined by the United States Secretary of Labor are set forth in the books issued for bidding
purposes entitled "Proposal and Contract," and in copies of this book that may be examined at
the offices described above where project plans, special provisions, and proposal forms may be
seen. Addenda to modify the Federal minimum wage rates, if necessary, will be issued to holders
of "Proposal and Contract" books. Future effective general prevailing wage rates which have been
predetermined and are on file with the California Department of Industrial Relations are
referenced but not printed in the general prevailing wage rates.
Attention is directed to the Federal minimum wage rate requirements in the “Proposal and
Contract” books. If there is a difference between the minimum wage rates predetermined by the
Secretary of Labor and the general prevailing wage rates determined by the Director of the
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 134
California Department of Industrial Relations for similar classifications of labor, the Contractor and
subcontractors shall pay not less than the higher wage rate. The Department will not accept lower
State wage rates not specifically included in the Federal minimum wage determinations. This
includes "helper" (or other classifications based on hours of experience) or any other classification
not appearing in the Federal wage determinations. Where Federal wage determinations do not
contain the State wage rate determination otherwise available for use by the Contractor and
subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum
wage rate, which most closely approximates the duties of the employees in question.
The U.S. Department of Transportation (DOT) provides a toll-free “hotline” service to report bid
rigging activities. Bid rigging activities can be reported Mondays through Fridays, between 8 a.m.
and 5 p.m., Eastern Time, Telephone No. 1-800-424-9071. Anyone with knowledge of possible
bid rigging, bidder collusion, or other fraudulent activities should use the “hotline” to report these
activities. The “hotline” is part of the DOT’s continuing effort to identify and investigate highway
construction contract fraud and abuse and is operated under the direction of the DOT Inspector
General. All information will be treated confidentially and caller anonymity will be respected.
ADD the following section:
7-16 PUBLIC SAFETY. The Contractor shall provide for the safety of traffic and the public in
conformance with the provisions in Section 7-1.09, "Public Safety," of the CALTRANS’ standard
specifications and these special provisions.
The Contractor shall install temporary railing (Type K) between a lane open to public traffic and
an excavation, obstacle or storage area when the following conditions exist:
A. Excavations — The near edge of the excavation is 3.6 m or less from the edge of the lane,
except:
1. Excavations covered with sheet steel or concrete covers of adequate thickness to
prevent accidental entry by traffic or the public.
2. Excavations less than 0.3-m deep.
3. Trenches less than 0.3-m wide for irrigation pipe or electrical conduit, or excavations
less than 0.3-m in diameter.
4. Excavations parallel to the lane for the purpose of pavement widening or
reconstruction.
5. Excavations in side slopes, where the slope is steeper than 1:4 (vertical: horizontal).
6. Excavations protected by existing barrier or railing.
B. Temporarily Unprotected Permanent Obstacles — The work includes the installation of a
fixed obstacle together with a protective system, such as a sign structure together with
protective railing, and the Contractor elects to install the obstacle prior to installing the
protective system; or the Contractor, for the Contractor's convenience and with permission
of the Engineer, removes a portion of an existing protective railing at an obstacle and does
not replace such railing complete in place during the same day.
C. Storage Areas — Material or equipment is stored within 3.6 m of the lane and the storage
is not otherwise prohibited by the provisions of the Standard Specifications and these
special provisions.
The approach end of temporary railing (Type K), installed in conformance with the provisions in
this section "Public Safety" and in Section 7-1.09, "Public Safety," of the Standard Specifications,
shall be offset a minimum of 4.6 m from the edge of the traffic lane open to public traffic. The
temporary railing shall be installed on a skew toward the edge of the traffic lane of not more than
0.3-m transversely to 3 m longitudinally with respect to the edge of the traffic lane. If the 4.6-m
minimum offset cannot be achieved, the temporary railing shall be installed on the 10 to 1 skew
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 135
to obtain the maximum available offset between the approach end of the railing and the edge of
the traffic lane, and an array of temporary crash cushion modules shall be installed at the
approach end of the temporary railing.
Temporary railing (Type K) shall conform to the provisions in Section 12-3.08, "Temporary Railing
(Type K)," of the Standard Specifications. Temporary railing (Type K), conforming to the details
shown on 1999 Standard Plan T3, may be used. Temporary railing (Type K) fabricated prior to
January 1, 1993 and conforming to 1988 Standard Plan B11-30 may be used, provided the
fabrication date is printed on the required Certificate of Compliance.
Temporary crash cushion modules shall conform to the provisions in "Temporary Crash Cushion
Module" of these special provisions.
Except for installing, maintaining and removing traffic control devices, whenever work is
performed or equipment is operated in the following work areas, the Contractor shall close the
adjacent traffic lane unless otherwise provided in the Standard Specifications and these special
provisions:
Approach Speed of Public Traffic
(Posted Limit - Km Per Hour)
Work Areas
Over 72 (45 Miles Per Hour) Within 1.8 m of a traffic lane but not on a traffic lane
56 to 72 (35 to 45 Miles Per Hour) Within 0.9-m of a traffic lane but not on a traffic lane
The lane closure provisions of this section shall not apply if the work area is protected by
permanent or temporary railing or barrier.
When traffic cones or delineators are used to delineate a temporary edge of a traffic lane, the line
of cones or delineators shall be considered to be the edge of the traffic lane, however, the
Contractor shall not reduce the width of an existing lane to less than 3 m without written approval
from the Engineer.
When work is not in progress on a trench or other excavation that required closure of an adjacent
lane, the traffic cones or portable delineators used for the lane closure shall be placed off of and
adjacent to the edge of the traveled way. The spacing of the cones or delineators shall be not
more than the spacing used for the lane closure.
Suspended loads or equipment shall not be moved nor positioned over public traffic or
pedestrians.
Full compensation for conforming to the provisions in this section "Public Safety," including
furnishing and installing temporary railing (Type K) and temporary crash cushion modules, shall
be considered as included in the Contract prices paid for the various items of work involved and
no additional compensation will be allowed therefor.
Required for ALL construction contracts administered under the Caltrans Standard
Specifications.
ADD the following section:
7-17 BUY AMERICA REQUIREMENTS. Buy America Requirements apply to steel and iron,
manufactured products, and construction materials permanently incorporated into the project.
Steel and Iron Materials
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 136
All steel and iron materials must be melted and manufactured in the United States except:
1. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in
the domestic production of the steel and iron materials [60 Fed Reg 15478
(03/24/1995)];
2. If the total combined cost of the materials produced outside the United States
does not exceed the greater of 0.1 percent of the total contract amount or $2,500,
materials produced outside the United States may be used if authorized.
Furnish steel and iron materials to be incorporated into the work with certificates of compliance
and certified mill test reports. Mill test reports must indicate where the steel and iron were melted
and manufactured. All melting and manufacturing processes for these materials, including an
application of a coating, must occur in the United States. Coating includes all processes that
protect or enhance the value of the material to which the coating is applied.
Manufactured Products
Iron and steel used in precast concrete manufactured products must meet the requirements of
the above section (Steel and Iron Materials) regardless of the amount used. Iron and steel used
in other manufactured products must meet the requirements of the above section (Steel and Iron
Materials) if the weight of steel and iron components constitute 90 percent or more of the total
weight of the manufactured product.
Construction Materials
Buy America requirements apply to the following construction materials that are or consist
primarily of:
1. Non-ferrous metals
2. Plastic and polymer-based products such as:
a. Polyvinylchloride
b. Composite Building Materials
3. Glass
4. Fiber optic cable (including drop cable)
5. Optical fiber
6. Lumber
7. Engineered wood
8. Drywall
All manufacturing processes for these materials as defined in 2 CFR 184.6 must occur in the
United States.
Where one or more of these construction materials have been combined by a manufacturer with
other materials through a manufacturing process, Buy America requirements do not apply unless
otherwise specified.
Furnish construction materials to be incorporated into the work with certificates of compliance with
each project delivery. Manufacturer’s certificate of compliance must identify where the
construction material was manufactured and attest specifically to Buy America compliance.
All manufacturing processes for these materials must occur in the United States.
Buy America requirements do not apply to the following:
1. Tools and construction equipment used in performing the work
2. Temporary work that is not incorporated into the finished project
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 137
Waivers
If Buy America waivers are granted, use the following language to include in the contract:
The following steel and iron products, manufactured products, or construction materials have
received an approved Buy America waiver for this contract, and therefore, are not subject to Buy
America requirements
1. ______________________________
2. ______________________________
Required for ALL construction contracts administered under the Caltrans Standard
Specifications.
ADD the following section:
7-18 REMOVAL OF ASBESTOS AND HAZARDOUS SUBSTANCES. When the presence of
asbestos or hazardous substances are not shown on the plans or indicated in the specifications
and the Contractor encounters materials which the Contractor reasonably believes to be asbestos
or a hazardous substance as defined in Section 25914.1 of the Health and Safety Code, and the
asbestos or hazardous substance has not been rendered harmless, the Contractor may continue
work in unaffected areas reasonably believed to be safe. The Contractor shall immediately cease
work in the affected area and report the condition to the Engineer in writing.
In conformance with Section 25914.1 of the Health and Safety Code, removal of asbestos or
hazardous substances including exploratory work to identify and determine the extent of the
asbestos or hazardous substance will be performed by separate contract.
If delay of work in the area delays the current controlling operation, the delay will be considered
a right of way delay and the Contractor will be compensated for the delay in conformance with
the provisions in Section 8-1.09, "Right of Way Delays," of the Standard Specifications.
Required for ALL construction contracts administered under the Caltrans Standard
Specifications.
ADD the following schedule:
7-19 SUBCONTRACTOR AND DBE RECORDS. Use each DBE subcontractor as listed on the
List of Subcontractors form and the Local Agency Bidder DBE Commitment (Construction
Contracts), Exhibit 15-G, forms unless you receive authorization for a substitution.
The Agency requests the Contractor to:
1. Notify the Engineer of any changes to its anticipated DBE participation
2. Provide this notification before starting the affected work
Maintain records including:
1. Name and business address of each 1st-tier subcontractor
2. Name and business address of each DBE subcontractor, DBE vendor, and DBE trucking
company, regardless of tier
3. Date of payment and total amount paid to each business
If you are a DBE contractor, include the date of work performed by your own forces and the
corresponding value of the work.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 138
Before the 15th of each month, submit a Monthly DBE Trucking Verification form.
If a DBE is decertified before completing its work, the DBE must notify you in writing of the
decertification date. If a business becomes a certified DBE before completing its work, the
business must notify you in writing of the certification date. Submit the notifications. On work
completion, complete a Disadvantaged Business Enterprises (DBE) Certification Status Change,
Exhibit 17-O, form. Submit the form within 30 days of contract acceptance.
Upon work completion, complete a Final Report – Utilization of Disadvantaged Business
Enterprises (DBE), First-Tier Subcontractors, Exhibit 17-F, form. Submit it within 90 days of
contract acceptance. The Agency withholds $10,000 until the form is submitted. The Agency
releases the withhold upon submission of the completed form.
7-20 SUBCONTRACTING
No subcontract releases the Contractor from the contract or relieves the Contractor of their
responsibility for a subcontractor's work.
If the Contractor violates Pub Cont Code § 4100 et seq., the City of Carlsbad may exercise the
remedies provided under Pub Cont Code § 4110. The City of Carlsbad may refer the violation to
the Contractors State License Board as provided under Pub Cont Code § 4111.
The Contractor shall perform work equaling at least 30 percent of the value of the original total
bid with the Contractor’s own employees and equipment, owned or rented, with or without
operators.
Each subcontract must comply with the contract.
Each subcontractor must have an active and valid State contractor's license with a classification
appropriate for the work to be performed (Bus & Prof Code, § 7000 et seq.).
Submit copies of subcontracts upon request by the Engineer.
Before subcontracted work starts, submit a Subcontracting Request form.
Do not use a debarred contractor; a current list of debarred contractors is available at the
Department of Industrial Relations' Web site.
Upon request by the Engineer, immediately remove and not again use a subcontractor who fails
to prosecute the work satisfactorily.
Each subcontract and any lower tier subcontract that may in turn be made shall include the
"Required Contract Provisions Federal-Aid Construction Contracts" in Section 14 of these special
provisions. Noncompliance shall be corrected. Payment for subcontracted work involved will be
withheld from progress payments due, or to become due, until correction is made. Failure to
comply may result in termination of the contract.
7-21 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS. A prime contractor or
subcontractor shall pay any subcontractor not later than 10 days of receipt of each progress
payment in accordance with the provision in Section 7108.5 of the California Business and
Professions Code concerning prompt payment to subcontractors. The 10 days is applicable
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 139
unless a longer period is agreed to in writing. Any delay or postponement of payment over 30
days may take place only for good cause and with the agency’s prior written approval. Any
violation of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties,
sanction and other remedies of that section. This requirement shall not be construed to limit or
impair any contractual, administrative, or judicial remedies otherwise available to the contractor
or subcontractor in the event of a dispute involving late payment or nonpayment by the prime
contractor, deficient subcontract performance, or noncompliance by a subcontractor.
ADD the following section:
7-22 PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS. The agency
shall hold retainage from the prime contractor and shall make prompt and regular incremental
acceptances of portions, as determined by the agency, of the contract work, and pay retainage to
the prime contractor based on these acceptances. The prime contractor, or subcontractor, shall
return all monies withheld in retention from a subcontractor within 30 days after receiving payment
for work satisfactorily completed and accepted including incremental acceptances of portions of
the contract work by the agency. Federal law (49 CFR 26.29) requires that any delay or
postponement of payment over 30 days may take place only for good cause and with the agency’s
prior written approval. Any violation of this provision shall subject the violating prime contractor or
subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the
Business and Professions Code. These requirements shall not be construed to limit or impair any
contractual, administrative, or judicial remedies otherwise available to the prime contractor or
subcontractor in the event of a dispute involving late payment or nonpayment by the prime
contractor, deficient subcontract performance, or noncompliance by a subcontractor.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 140
SECTION 8 – FACILITIES FOR AGENCY PERSONNEL
(NOT APPLICABLE)
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 141
SECTION 9 – MEASUREMENT AND PAYMENT
9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK.
9-1.1 General. Unless otherwise specified, quantities of work shall be determined from
measurements or dimensions in horizontal planes. However, linear quantities of pipe, piling,
fencing and timber shall be considered as being the true length measured along longitudinal axis.
Unless otherwise provided in Specifications, volumetric quantities shall be the product of the
mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension.
The planimeter shall be considered an instrument of precision adapted to measurement of all
areas.
9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis
of measurement shall be measured in accordance with methods stipulated in the particular
sections involved.
9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing
shall be done on certified platform scales or, when approved by the Engineer, on a completely
automated weighing and recording system. The Contractor shall furnish the Engineer with
duplicate licensed weighmaster’s certificates showing actual net weights. The Agency will accept
the certificates as evidence of weights delivered.
9-1.4 Units of Measurement. The system of measure for this contract shall be the U.S. Standard
Measures.
9-2 LUMP SUM WORK. Items for which quantities are indicated “Lump Sum”, “LS”, or “Job”,
shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the
items of work and all work appurtenant thereto.
The Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed
schedule in triplicate, to be used only as a basis for determining progress payments on a lump
sum contract or designated lump sum bid item. This schedule shall equal the lump sum bid and
shall be in such form and sufficiently detailed as to satisfy the Engineer that it correctly represents
a reasonable apportionment of the lump sum.
9-3 PAYMENT
9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment
to the Contractor will be made only for actual quantities of Contract items constructed in
accordance with the Plans and Specifications. Upon completion of construction, if the actual
quantities show either an increase or decrease from the quantities given in the Bid schedule, the
Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1.
The unit and lump sum prices to be paid shall be full compensation for the items of work and all
appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals.
Payment will not be made for materials wasted or disposed of in a manner not called for under
the Contract. This includes rejected material not unloaded from vehicles, material rejected after it
has been placed, and material placed outside of the Plan lines. No compensation will be allowed
for disposing of rejected or excess material.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 142
Payment for work performed or materials furnished under an Assessment Act Contract will be
made as provided in particular proceedings or legislative act under which such contract was
awarded.
Whenever any portion of the Work is performed by the Agency at the Contractor’s request, the
cost thereof shall be charged against the Contractor, and may be deducted from any amount due
or becoming due from the Agency.
Whenever immediate action is required to prevent injury, death, or property damage, and
precautions which are the Contractor’s responsibility have not been taken and are not reasonably
expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause
such precautions to be taken and shall charge the cost thereof against the Contractor, or may
deduct such cost from any amount due or becoming due from the Agency. Agency action or
inaction under such circumstances shall not be construed as relieving the Contractor or its Surety
from liability.
Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such
payment be construed to be acceptance of any of the Work. Payment shall not be construed as
the transfer of ownership of any equipment or materials to the Agency. Responsibility of
ownership shall remain with the Contractor who shall be obligated to store any fully or partially
completed work or structure for which payment has been made; or replace any materials or
equipment required to be provided under the Contract which may be damaged, lost, stolen or
otherwise degraded in any way prior to acceptance of the Work, except as provided in Section 6-
10.
Guarantee periods shall not be affected by any payment but shall commence on the date of
recordation of the “Notice of Completion.”
If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency,
due to the Contractor’s failure to pay for labor or materials used in the Work, all money due for
such labor or materials will be withheld from payment to the Contractor in accordance with
applicable laws.
At the expiration of 35 days from the date of acceptance of the Work by the Board, or as prescribed
by law, the amount deducted from the final estimate and retained by the Agency will be paid to
the Contractor except such amounts as are required by law to be withheld by properly executed
and filed notices to stop payment, or as may be authorized by the Contract to be further retained.
9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure
date for the purpose of making monthly progress payments. The Contractor may request in writing
that such monthly closure date be changed. The Engineer may approve such request when it is
compatible with the Agency’s payment procedure.
Each month, the Engineer will make an approximate measurement of the work performed to the
closure date as basis for making monthly progress payments. The estimated value will be based
on contract unit prices, completed change order work and as provided for in Section 9-2 of these
General Provisions. Progress payments shall be made no later than thirty (30) calendar days
after the closure date. Five (5) working days following the closure date, the Engineer shall
complete the detailed progress pay estimate and submit it to the Contractor for the Contractor’s
information. Should the Contractor assert that additional payment is due, the Contractor shall
within ten (10) days of receipt of the progress estimate, submit a supplemental payment request
to the Engineer with adequate justification supporting the amount of supplemental payment
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 143
request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as
practicable after receipt, determine whether the supplemental payment request is a proper
payment request. If the Engineer determines that the supplemental payment request is not
proper, then the request shall be returned to the Contractor as soon as practicable, but not later
than seven (7) days after receipt. The returned request shall be accompanied by a document
setting forth in writing the reasons why the supplemental payment request was not proper. In
conformance with Public Contract Code Section 20104.50, the City shall make payments within
thirty (30) days after receipt of an undisputed and properly submitted supplemental payment
request from the Contractor. If payment of the undisputed supplemental payment request is not
made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the
Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code
of Civil Procedure.
From each progress estimate, 10 percent will be deducted and retained by the Agency, and the
remainder less the amount of all previous payments will be paid. After 50 percent of the Work has
been completed and if progress on the Work is satisfactory, the deduction to be made from
remaining progress estimates and from the final estimate may be limited to $500 or 10 percent of
the first half of total Contract amount, whichever is greater.
No progress payment made to the Contractor or its sureties will constitute a waiver of the
liquidated damages under 6-9.
As provided in Section 22300 of the California Public Contract Code, the Contractor may
substitute securities for any monies withheld by the Agency to ensure performance under the
Contract.
After final inspection, the Engineer will make a Final Payment Estimate and process a
corresponding payment. This estimate will be in writing and shall be for the total amount owed
the Contractor as determined by the Engineer and shall be itemized by the contract bid item and
change order item with quantities and payment amounts and shall show all deductions made or
to be made for prior payments and amounts to be deducted under provisions of the contract.
All prior estimates and progress payments shall be subject to correction in the Final Payment
Estimate.
The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make
written statement disputing any bid item or change order item quantity or payment amount.
The Contractor shall provide all documentation at the time of submitting the statement supporting
its position. Should the Contractor fail to submit the statement and supporting documentation
within the time specified, the Contractor acknowledges that full and final payment has been made
for all contract bid items and change order items.
If the Contractor submits a written statement with documentation in the aforementioned time, the
Engineer will review the disputed item within 30 calendar days and make any appropriate
adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by
the Engineer will be subject to resolution as specified in Section 3-5, Disputed Work.
The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to
ascertain the basis and amount of said disputed items. The Engineer will consider the merits of
the Contractor’s claims. It will be the responsibility of the Contractor to furnish within a reasonable
time such further information and details as may be required by the Engineer to determine the
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 144
facts or contentions involved in its claims. Failure to submit such information and details will be
sufficient cause for denying payment for the disputed items.
9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written
statement required in Section 9-3.2 all claims of any dollar amount shall be submitted in a written
statement by the Contractor no later than the date of receipt of the final payment estimate. Those
final payment items disputed in the written statement required in Section 9-3.2 shall be submitted
no later than 30 days after receipt of the Final Payment estimate. No claim will be considered
that was not included in this written statement, nor will any claim be allowed for which written
notice or protest is required under any provision of this contract including Sections 3-4 Changed
Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and
Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or
protest requirements.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain
the basis and amount of said claims. The Engineer will consider and determine the Contractor’s
claims and it will be the responsibility of the Contractor to furnish within a reasonable time such
further information and details as may be required by the Engineer to determine the facts or
contentions involved in its claims. Failure to submit such information and details will be sufficient
cause for denying the claims.
Payment for claims shall be processed within 30 calendar days of their resolution for those claims
approved by the Engineer. The Contractor shall proceed with informal dispute resolution under
Section 3-5, Disputed Work, for those claims remaining in dispute.
9-3.3 Delivered Materials. When provided for in the Specifications, and subject to the limitation
and conditions therein, the cost of materials and equipment delivered but not incorporated into
the Work will be included in the progress estimate.
9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated
into the work will not be included in the progress estimate.
9-3.4 Mobilization. When a bid item is included in the Proposal form for mobilization and subject
to the conditions and limitations in the Specifications, the costs of work in advance of construction
operations and not directly attributable to any specific bid item will be included in the progress
estimate. When no such bid item is provided, payment for such costs will be considered to be
included in the other items of work.
9-3.4.1 Mobilization and Preparatory Work. The Contract lump-sum price paid for mobilization
shall include full compensation for furnishing all insurance, bonds, licenses, labor, materials,
utilities, tools, equipment and incidentals, and for doing all the work involved in mobilization and
preparatory work and operations, including, but not limited to, those necessary for the movement
of personnel, equipment and supplies incidental to preparing to conduct work on and off the
project site and other offsite facilities; for all other facilities, sureties, work and operations which
must be performed or costs incurred prior to beginning work on various contract items on or off
the project site, excepting those specifically paid for under separate sections of these
specifications. Such activities shall include, but are not limited to, coordination with Agency
forces, surveying and staking, pre-construction video and photographs, stage areas, and any
other work not included in any other bid item.
Progress payments for Mobilization and Preparatory Work will be made as follows:
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 145
For the first progress payment (after the issuance of the Notice to Proceed), payment will be made
at forty percent (40%) of the amount bid for Mobilization and Preparatory Work. For the second
progress payment, payment will be made at fifty percent (50%) of the amount bid for Mobilization
and Preparatory Work. The remaining 10% of the amount bid for Mobilization and Preparatory
Work will be made when all punch list items are signed-off and completed to the satisfaction of
the City Inspector, and the Contractor has completely demobilized from the project site(s).
9-4 BID ITEMS. Payment for each Bid Item shall be made at the quantity and type as listed in
the Contractor's Proposal. All work shown or mentioned on the plans, in the Contract Documents,
General Provisions, or Technical Provisions/Specifications shall be considered as included in the
Bid Items. Contractor must protect existing utilities, improvements, landscaping, irrigation
systems, and vegetation in place. If damaged during the work, Contractor is responsible to repair
or replace any utilities, improvements, landscaping, irrigation systems, and vegetation at his
expense.
9-4.1 Bid Schedule A
Bid Item No. A-1 – Mobilization
The Contractor shall mobilize per Section 9-3.4
Bid Item No. A-2 – Staging Area
The contract price paid for this bid item is no cost. Primary staging areas are to minimize impact
to the right-of-way and should be within various less utilized areas near construction area, outside
of a bike lane with minimal removal of parking. Staging areas are available on public streets
nearby construction areas only and shall have temporary 6’ high chain link security fencing to
keep traveling public safely away from the equipment. Chain link fence with fabric shall be
constructed and secured with a black or dark green fabric attached securely to the chain link fence
and shall have holes to sufficiently resist damage during windstorms. Staging area shall be
indicated on submittals for traffic control plans per Section 7-10 and SWPPP per Section 300.
The contractor is responsible for the area will be restored to it’s original condition.
The city does not compensate the contractor if construction storage is not available on or off site.
The contractor must find off-site storage and submit land use permit for off-site storage and
incorporate area into their SWPPP. Prior to storage of any materials on any private property within
the City’s boundaries, the Contractor shall provide to the Engineer a copy of lease agreements
for each property where such materials are stored. The lease agreement shall clearly state the
term of the lease, the description of materials allowed to be stored, and shall provide for the
removal of the materials and restoration of the storage site within the Contract time allowed for
the Work.
Employees working on the project should park within the construction area or at another location
that does not include the immediately adjacent streets, unless approved by the city. Loading or
unloading equipment/materials shall be done in the staging area and/or within the Traffic Control
plan.
The city does not compensate the contractor if construction storage is not available on or off
site. The contractor must find off-site storage that complies with city zoning ordinance and
policies and submit land use permit for off-site storage and incorporate area into their SWPPP
plan. Prior to storage of any materials on any private property within the City’s boundaries, the
Contractor shall provide to the Engineer a copy of lease agreements for each property where
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 146
such materials are stored. The lease agreement shall clearly state the term of the lease, the
description of materials allowed to be stored, and shall provide for the removal of the materials
and restoration of the storage site within the Contract time allowed for the Work.
Bid Item No. A-3 – Construction Schedule
The Contractor shall maintain a construction schedule per Section 6-1.
Bid Item No. A-4 – Traffic Control
The contract price paid for this bid item shall constitute full compensation for furnishing all labor,
materials and equipment and all incidental services including preparation and submittal of traffic
control plans, paying all fees and implementing traffic control systems, complete in-place and in
accordance with the Contract Documents, including, but not limited to Section 7-10 and Section
313 of the Supplemental Provisions.
Bid Item No. A-4 – Potholing
The contract price paid for this bid item shall constitute full compensation for all labor, materials
and equipment to determine, by potholing, the sizes and types and vertical and horizontal
locations of existing utilities in accordance with the Contract Documents. This bid item shall
include notification to Underground Service Alert, backfill of excavations, patching of pothole
excavations with temporary AC paving, and submitting the results to the City Engineer for review
and approval in advance of pavement saw-cutting or excavations for underground construction.
Bid Item No. A-6 – 1-1/4" PVC Conduit Trenched
The contract unit price paid for 1-1/4" PVC Conduit Trenched shall include full compensation for
furnishing all labor, materials, including clearing and grubbing, trenching, backfill and trench
repairs in accordance with the City of Carlsbad Standards, 1-1/4” PVC conduit, tools, equipment,
transportation, storage, and incidentals necessary for a complete installation, Complete-In-Place,
and no additional compensation will be allowed therefor.
Bid Item No. A-7 – 1" PVC Conduit Trenched
The contract unit price paid for 1" PVC Conduit Trenched shall include full compensation for
furnishing all labor, materials, including clearing and grubbing, trenching, backfill and trench
repairs in accordance with the City of Carlsbad Standards, 1” PVC conduit, tools, equipment,
transportation, storage, and incidentals necessary for a complete installation, Complete-In-Place,
and no additional compensation will be allowed therefor.
Bid Item No. A-8 – 1-1/4" PVC Conduit Trenched (To POS)
The contract unit price paid for 1-1/4" PVC Conduit Trenched shall include full compensation for
furnishing all labor, materials, including clearing and grubbing, trenching, backfill and trench
repairs in accordance with the City of Carlsbad Standards, 1-1/4” PVC conduit, tools, equipment,
transportation, storage, and incidentals necessary for a complete installation, Complete-In-Place,
and no additional compensation will be allowed therefor.
Bid Item No. A-9 – Pull Box No. 3-1/2 Electrical
The contract unit price paid for Pull Box No. 3-1/2 Electrical shall include full compensation for
furnishing all labor, materials, including clearing and grubbing, trenching, backfill and trench
repairs in accordance with the City of Carlsbad Standards, excavation, No. 3-1/2 Electrical pull
box, tools, equipment, transportation, storage, and incidentals necessary for a complete
installation, Complete-In-Place, and no additional compensation will be allowed therefor.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 147
Bid Item No. A-10 – Pedestrian Light Pole
The contract unit price paid for Pedestrian Light Pole shall include full compensation for furnishing
all labor, materials, including clearing and grubbing, installation, tools, equipment, transportation,
storage, and incidentals necessary for a complete installation, Complete-In-Place, and no
additional compensation will be allowed therefor.
Bid Item No. A-11 – Pedestrian Light Pole Foundation
The contract unit price paid for Pedestrian Light Pole Foundation shall include full compensation
to construct street light foundations in accordance with the SDRSD E-1 and E-2, protection of
adjacent public and private improvements and/or facilities, all labor, materials, including clearing
and grubbing, excavation, forming, backfill, concrete, reinforcement, anchor bolts, base plates,
grounding rods, tools, equipment, transportation, storage, and incidentals necessary for a
complete installation, Complete-In-Place, and no additional compensation will be allowed
therefor.
Bid Item No. A-12 – Pedestrian Luminaire (5,100 Lumens)
The contract unit price paid for Pedestrian Luminaire (5,100 Lumens) shall include full
compensation for furnishing all labor, materials, installation, tools, equipment, transportation,
storage, and incidentals necessary for a complete installation, Complete-In-Place, and no
additional compensation will be allowed therefor.
Bid Item No. A-13 – #8 AWG Insulated Conductor
The contract unit price paid for #8 AWG Insulated Conductor shall include full compensation for
furnishing all labor, materials, conductors, pull rope, tools, equipment, transportation, storage,
and incidentals necessary for a complete installation, Complete-In-Place, and no additional
compensation will be allowed therefor.
Bid Item No. A-14 – #8 AWG Insulated Ground
The contract unit price paid for #8 AWG Insulated Ground shall include full compensation for
furnishing all labor, materials, ground conductors, tools, equipment, transportation, storage, and
incidentals necessary for a complete installation, Complete-In-Place, and no additional
compensation will be allowed therefor.
Bid Item No. A-15 – #8 AWG Insulated Conductor (To POS)
The contract unit price paid for #8 AWG Insulated Conductor (To POS) shall include full
compensation for furnishing all labor, materials, conductors, pull rope, tools, equipment,
transportation, storage, and incidentals necessary for a complete installation, Complete-In-Place,
and no additional compensation will be allowed therefor.
Bid Item No. A-16 – #8 AWG Insulated Ground (To POS)
The contract unit price paid for #8 AWG (To POS) Insulated Conductor shall include full
compensation for furnishing all labor, materials, conductors, pull rope, tools, equipment,
transportation, storage, and incidentals necessary for a complete installation, Complete-In-Place,
and no additional compensation will be allowed therefor.
Bid Item No. A-17 – #12 AWG Insulated Conductor
The contract unit price paid for #12 AWG Insulated Conductor shall include full compensation for
furnishing all labor, materials, conductors, pull rope, tools, equipment, transportation, storage,
and incidentals necessary for a complete installation, Complete-In-Place, and no additional
compensation will be allowed therefor.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 148
Bid Item No. A-18 – #12 AWG Insulated Ground
The contract unit price paid for #12 AWG Insulated Ground shall include full compensation for
furnishing all labor, materials, ground conductors, tools, equipment, transportation, storage, and
incidentals necessary for a complete installation, Complete-In-Place, and no additional
compensation will be allowed therefor.
Bid Item No. A-19 – Electrical Service Coordination
The contract lump sum price paid for Electrical Service Coordination shall include full
compensation for furnishing all labor, materials, voltage drop calculations, SDG&E coordination,
tools, equipment, transportation, and incidentals necessary for a complete installation, Complete-
In-Place, and no additional compensation will be allowed therefor.
Bid Item No. A-20 – Concrete Curb Ramp per SDRSD
The contract unit price paid for this bid item shall constitute full compensation to construct a
concrete curb ramp per SDRSD and shall include furnishing all labor, materials, and equipment
and for providing all the work required for the construction of new curb ramps and truncated
domes, and no additional compensation will be allowed. Concrete curb ramps shall be according
to Section 303-5 of the Supplementary General Provisions of the Standard Specifications and the
San Diego Regional Standard drawings.
Any new work found to be defective or damaged, cracked, chipped, discolored, improperly
finished, heaved, vandalized, or for any other reason does not conform to the specifications, to
its acceptance, shall be replaced by the Contractor, at the Contractor’s expense, as approved by
the Engineer. Truncated Domes shall be “Yellow” color or as directed by the Engineer. Concrete
curb ramps will be “Field Fit” to best fit the existing field conditions, these special provisions and
in compliance with the Americans with Disabilities Act.
Bid Item No. A-21 – Concrete Sidewalk per SDRSD G-7, G-9, G-10
The contract unit price paid for this bid item shall constitute full compensation to construct
concrete sidewalk per SDRSD G-7, G-9 and G-10 for furnishing all labor, materials, tools,
equipment, earthwork, bedding, backfilling, compaction, materials testing, concrete, and all other
work and incidentals necessary to accomplish the work as specified herein and no additional
compensation will be allowed.
Bid Item No. A-22 – Concrete Cross Gutter per SDRSD G-12
The contract unit price paid for this bid item shall constitute full compensation to construct cross
gutter per SDRSD G-12 and for furnishing all labor, materials, tools, equipment, earthwork,
bedding, backfilling, compaction, materials testing, concrete, and all other work and incidentals
necessary to accomplish the work as specified herein and no additional compensation will be
allowed.
Bid Item No. A-23 – Concrete Curb and Gutter per SDRSD G-02
The contract unit price paid for this bid item shall constitute full compensation to construct
concrete curb and gutter per SDRSD G-2 Type G in compliance with the SSPWC. This includes,
but is not limited to, protection of adjacent public and private improvements and/or facilities, labor,
tools, excavation, forming, backfill, aggregate base, and compaction, and no additional
compensation shall be allowed.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 149
SECTION 10 – FEDERAL REQUIREMENTS FOR FEDERAL-AID
CONSTRUCTION PROJECTS
10-1 GENERAL. The work herein proposed will be financed in whole or in part with Federal or
State funds, and therefore all of the statutes, rules and regulations promulgated by the Federal
Government and applicable to work financed in whole or in part with Federal or State funds will
apply to such work. The "Required Contract Provisions, Federal-Aid Construction Contracts,
"Form FHWA 1273, are included in Appendix C. Whenever in said required contract provisions
references are made to "SHA contracting officer", "SHA resident engineer", or "authorized repre-
sentative of the SHA", such references shall be construed to mean "Engineer" as defined in
Section 1-1.18 of the Standard Specifications.
10-2 PERFORMANCE OF PREVIOUS CONTRACT. In addition to the provisions in Section II,
"Nondiscrimination," and Section VI, "Subletting or Assigning the Contract," of the required
contract provisions, the Contractor shall comply with the following:
The bidder shall execute the CERTIFICATION WITH REGARD TO THE PERFORMANCE OF
PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY
CLAUSE AND THE FILING OF REQUIRED REPORTS located in the proposal. No request for
subletting or assigning any portion of the contract in excess of $10,000 will be considered under
the provisions of Section VI of the required contract provisions unless such request is
accompanied by the CERTIFICATION referred to above, executed by the proposed
subcontractor.
10-3 NON-COLLUSION PROVISION. The provisions in this section are applicable to all
contracts except contracts for Federal Aid Secondary projects.
Title 23, United States Code, Section 112, requires as a condition precedent to approval by the
Federal Highway Administrator of the contract for this work that each bidder file a sworn statement
executed by, or on behalf of, the person, firm, association, or corporation to whom such contract
is to be awarded, certifying that such person, firm, association, or corporation has not, either
directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken
any action in restraint of free competitive bidding in connection with the submitted bid. A form to
make the non-collusion affidavit statement required by Section 112 as a certification under penalty
of perjury rather than as a sworn statement as permitted by 28, USC, Sec. 1746, is included in
the proposal.
10-4 PARTICIPATION BY MINORITY BUSINESS ENTERPRISES IN SUBCONTRACTING.
Part 26, Title 49, Code of Federal Regulations applies to this Federal-aid project. Pertinent
sections of said Code are incorporated in part or in its entirety within other sections of these
special provisions.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 150
SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 2
CONSTRUCTION MATERIALS
SECTION 200 - ROCK MATERIALS
200-2 UNTREATED BASE MATERIALS.
200-2.1 General.
Replace this subsection in its entirety with the following:
Materials for use as untreated base or subbase shall be classified in the order of preference as
follows:
a) Class II Aggregate Base conforming to Caltrans Standard Specification, Section 26:
Aggregate Bases, Subsection 26-1.02B Class II Aggregate Base, ¾” maximum size.
b) Crushed Miscellaneous Base conforming to subsection 200-2.4.
When base material without further qualification is specified, the Contractor shall supply Class II
aggregate base. When a particular classification of base material is specified, the Contractor may
substitute any higher classification of base material for that specified, following the order of
preference listed above. All processing or blending of materials to meet the grading requirement
will be performed at the plant or source. The materials shall compact to a hard, firm, unyielding
surface and shall remain stable when saturated with water.
Add the following section:
200-2.2.4 Class II Aggregate Base.
If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the
requirements specified for “Operating Range” but meet the “Contract Compliance” requirements,
placement of the aggregate base may be continued for the remainder of that day. However,
another day's work may not be started until tests indicate that the next material to be used in the
work will comply with the requirements specified for “Operating Range.”
If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the
requirements specified for “Contract Compliance,” the aggregate base which is represented by
these tests shall be removed. However, if requested by the Contractor and approved by the
Engineer, the aggregate base may remain in place and the Contractor shall pay to the City 15
percent of the material cost per cubic yard for such aggregate base left in place. The City may
deduct this amount from any moneys due, or that may become due, the Contractor under the
contract. If both the aggregate grading and Sand Equivalent do not conform to the “Contract
Compliance” requirements, only one adjustment shall apply.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 151
No single aggregate grading or Sand Equivalent test shall represent more than 500 cubic yards
or one day's production, whichever is smaller.
200-2.4.3 Quality Requirements.
Add the following:
If the test results of the tests for either or both aggregate grading and Sand Equivalent tests do
not meet the requirements specified, placement of the Crushed Miscellaneous Base may be
continued for the remainder of the working day. Work shall not resume until tests indicate that the
aggregate to be used complies with the requirements specified.
If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the
requirements specified, the Crushed Miscellaneous Base which is represented by these tests
shall be removed. However, if requested by the Contractor and approved by the Engineer, the
material may remain in place and the Contractor shall pay to the City 15 percent of the material
cost per cubic yard for such aggregate base left in place. The City may deduct this amount from
any moneys due, or that may become due, the Contractor under the contract. If both the
aggregate grading and Sand Equivalent do not conform to the requirements for Crushed
Miscellaneous Base, only one adjustment shall apply.
No single aggregate grading or Sand Equivalent test shall represent more than 500 cubic yards
or one day's production, whichever is smaller.
SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS
201-1 PORTLAND CEMENT CONCRETE.
TABLE 201-1.1.2(A) Modify as follows:
TABLE 201-1.1.2(A) (3)
PORTLAND CEMENT CONCRETE
Type of Construction Concrete Maximum
Class Slump mm (Inches)
All Concrete Used Within the Right-of-Way 330-C-23
(560-C-3250) (1)
(2)
Trench Backfill Slurry 115-E-3
(190-E-400)
200 (8”)
Street Light Foundations and Survey
Monuments
330-C-23
(560-C-3250)
100 (4”)
Traffic Signal Foundations 350-C-27
(590-C-3750)
100 (4”)
Concreted-Rock Erosion Protection 310-C-17
(520-C-2500P)
per Table 300-11.3.1
(1) Except that concrete required to be of higher strength by Table 201-1.1.2(A) SSPWC shall be as per Table 201-
1.1.2(A) SSPWC.
(2) As per Table 201-1.1.2(A) SSPWC.
(3) Portions of Table 201-1.1.2(A) of the Standard Specifications for Public Works Construction not shown herein as
changed are not affected by this table.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 152
201-1.2 Materials.
ADD the following section after 201-1.2.4
201-1.2.4(d) Air-Entraining Admixtures.
Substitute the following:
The air content shall not deviate from the percentage specified or permitted by more than 1-1/2
percentage points. The air content of freshly mixed concrete will be determined by California Test
Method No. 504.
201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS
201-3.4 Type “A” Sealant (Two-Part Polyurethane Sealant).
ADD the following:
All finished concrete surfaces shall have a ½” continuous expansion joint at locations indicated
on the plans and notes and shall be located either parallel to perpendicular to the curb line. When
not otherwise indicated, all expansion joints located adjacent to colored concrete shall be sealant
Type “A” and colored to match the color of the concrete surface.
Contractor shall provide joint sealants that have been produced and installed to establish and to
maintain watertight and airtight continuous seals without causing staining or deterioration of joint
substrates.
Contractor shall submit product data from the manufacturer of each joint sealant product required,
including instructions for joint preparation and joint sealer application. Contractor shall also
submit samples for initial selection purposes in form of manufacturer’s standard bead samples,
consisting of strips of actual products showing full range of colors available, for each product
exposed to view. Samples shall be submitted to Engineer. Submit complete schedule of type
(and location where type is to be used) of each sealant.
Contractor shall engage an experienced installer who has completed joint sealant applications
similar in material, design and extent to that indicated for Project that have resulted in construction
with a record of successful in-service performance.
Provide joint sealants, joint fillers, and other related materials that are compatible with one another
and with joint substrates under conditions of service and application, as demonstrated by sealant
manufacturer based on testing and field experience.
Provide color selections made by Engineer from manufacturer’s full range of standard colors for
products of type indicated. Sealant color parallel to curbline shall match color of Paving Treatment
Type “A” as specified in Section 201-1.2.4(a) of these Special Provisions.
Joint sealants shall be multi-component polyurethane sealant. Except as otherwise indicated,
provide manufacturer’s standard, non-modified, 2-or-more-part, polyurethane-based, elastomeric
sealant; complying with either ASTM-C-920-87, Type M, Grade P, Class 25, or FS TT-S 0227E
Class A, non-sag, Type II.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 153
Provide sealant backings of material and type that are nonstaining; are compatible with joint
substrates, sealants, primers and other joint fillers; and are approved for applications indicated
by sealant manufacturer based on field experience and laboratory testing.
Plastic foam joint fillers shall be pre-formed, compressible, resilient, nonstaining, nonwaxing,
nonextruding strips of flexible plastic foam either open-cell polyurethane foam or closed-cell
polyethylene foam, subject to approval of sealant manufacturer, for cold-applied sealants only.
Polystyrene foam is not acceptable.
201-3.7 Type “D” Joint Sealant (Hot-Poured Rubber-Asphalt Joint Sealant). ADD the
following: Hot-melt rubberized asphalt shall be in solid form at room temperature and fluid at an
application temperature of 190°C (375°F) to 205°C (400°F). Fumes from the material shall be
non-toxic. Sealant shall be suitable for use in both asphalt concrete and portland cement concrete.
Performance characteristics of the cured hot-melt rubberized asphalt shall be as per Table 201-
3.7(A).
SECTION 203 – BITUMINOUS MATERIALS
203-1 PAVING ASPHALT.
203-1.3 Test Reports and Certification.
DELETE in its entirety and REPLACE with the following:
Paving asphalt shall be supplied by Caltrans or other State Department of Transportation
approved vendors unless otherwise specified in the Special Provisions. At delivery time, the
supplying vendor shall deliver to the purchaser a certified copy of the test report. This report shall
indicate the vendor's name, grade of paving asphalt delivered, date/ time and point of delivery,
quantity delivered, ticket number, purchase order number, and results of specified tests. The
certified test report and the testing required in connection with the report shall be submitted in
accordance with 3-8.4.
Final acceptance of the material will be dependent upon the determination by the Engineer that
the material involved conforms to the Specifications.
203-6 ASPHALT CONCRETE.
203-6.1 General. Add the following:
Asphalt Concrete (AC) shall be Type III-C3-PG 64-10. No more than 15% RAP shall be used in
the AC mix used for patching.
TABLE 201-3.7(A)
Property Measuring Standard (ASTM
Designation)
Results Conditions
Cone Penetration ASTM D 3407, Sec. 5 3.5 mm, max. 25°C, 150 g, 5 s
Flow, 60°C ASTM D 3407, Sec. 6 5 mm, max.
Resilience ASTM D 3407, Sec. 8 25%, min. 25°C
Softening Point, ASTM D 36 82 °C, min.
Ductility, ASTM D 113 300 mm, min. 25°C, 50 mm/min
Flash Point, COC, °C ASTM D 92 288 °C, min.
Viscosity, Brookfield
Thermosel,
ASTM D 4402 2.5-3.5 Pa·s No. 27 Spindle, 20
rpm, 190°C,
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 154
203-6.3 Job Mix Formula (JMF) and Mix Designs. Add the following:
Asphalt Concrete (AC) shall be Type III-C3-PG 64-10 for both base course and surface course;
both of which with Warm Mix Asphalt (WMA) additive technology optional.
No more than 15% RAP is allowed in any AC mixes used for base course or full width overlay.
If the use of WMA additive is desired, the WMA additive used must be on the Caltrans Authorized
Material List for WMA authorized technologies in effect as of the date of advertisement of the
contract, https://mets.dot.ca.gov/aml/WarmMixAsphaltTechnologiesList2.php?print=yes. Only
additive technologies are acceptable. No foaming or water injection technology shall be used.
A technical representative for the WMA additive technology must attend the Preconstruction
Meeting should WMA be used by the Contractor.
203-6.2.5.4 Testing.
DELETE the fourth sentence and REPLACE with the following:
When using greater than 20 percent RAP, the following additional tests shall be performed:
203-6.3 Job Mix Formula (JMF) and Mix Designs.
203-6.3.1 General.
DELETE in its entirety and REPLACE with the following:
1. The Contractor shall submit in accordance with 3-8.4 a JMF that summarizes each asphalt
concrete mix design for each class and grade of asphalt concrete required to construct the
Work. Supporting information for the WMA technology and/or recycling agent, if included in a
mixture, shall also be submitted.
2. The JMF shall identify the source and the individual grading of each material used to produce
the mix design (including the percentage and individual gradation of any manufactured or
natural sands), the combined gradation, the OBC, void content, RAP percentage, RAP
gradation, RAP binder content, stability value, plant identification, mix number, WMA
technology, and the source and performance grade of the paving asphalt. The mix design test
data represented by the JMF shall be submitted to the Engineer with the JMF.
3. When greater than 20 percent RAP is to be included in a mixture, a mix design shall be
submitted. The submittal shall include supporting information showing the viscosity of the
individual binders (both the virgin paving asphalt grade and that of the binder recovered from
the RAP); and the amount of recycling agent, if any, and the blended final viscosity in
accordance with AASHTO M323.
4. For all mixtures, the asphalt binder content shall be defined as the total bituminous material
present in the mix consisting of the blend of virgin paving asphalt, residual paving asphalt from
RAP, and recycling agent.
5. When a mix design is more than 30 Calendar Days old, the JMF must indicate that the
combined gradation is ± 3 percent from the referenced mix design based on a 30-day moving
average or a minimum of the 10 most current results. If the combined aggregate gradation is
not within ± 3 percentage points of the gradation shown on the referenced mix design on any
sieve, if the source of any aggregate is changed, the performance grade or source of paving
asphalt is changed, the grade or source of any other component of asphalt concrete is
changed, or the mix design is over 1 year old, a new mix design shall be prepared and a new
JMF shall be submitted to the Engineer for approval.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 155
6. Asphalt concrete shall be class C2-PG 64-28PM and PG 76-22PM. No more than 15% RAP
shall be allowed in any AC mix.
203-6.3.2 Hveem Mix Design Method.
DELETE the fourth paragraph and REPLACE with the following:
1. Unless viscosity and blending charts developed in accordance with AASHTO M323 show
otherwise, mix designs for mixtures containing more than 20 percent RAP shall drop the high
temperature requirement of the virgin paving asphalt by one performance grade and drop the
low temperature requirement by a minimum of one performance grade, e.g., a specified "PG
64-1O" shall become a "PG 58-22 or "PG 58-16."
203-6.4 Asphalt Concrete Mixtures. ADD the following: Conventional Asphalt concrete shall be
class C2-PG64-10 or Type III C2-PG64-10 for surface course, and B2-PG64-10 or Type III B2-
PG64-10 for base course. Asphalt concrete shall be class D2-PG70-10 for dikes and class E-
PG70-10 ditches.
203-6.4.4 Composition and Grading.
ADD the following:
1. Evaluation of asphalt concrete shall be determined from samples of final asphalt concrete
material. In addition to evaluation of the final asphalt material, samples of aggregate, RAP,
and asphalt binder will be taken for testing. In case of dispute between the Contractor and the
Agency, the Engineer has the authority to request core samples for analysis from the placed
asphalt concrete for any of the acceptance criteria, at the locations determined by the
Engineer. All samples shall be taken in accordance with California Test 125, and the following
table:
Sample Location
Asphalt Concrete • Trucks, or
• Mat behind the paver
Aggregate • Cold feed belts, or
• Hot bins prior to addition of asphalt binder
RAP • RAP system, or
• RAP feed belts
Asphalt Binder • Asphalt binder supplier, or
• Storage tanks at the plant during production
2. When behind the paver or core samples of asphalt concrete are to be used for evaluation,
sufficient size samples shall be taken to ensure representative and adequate quantity of
material for the required testing.
3. When using core samples, the samples must be properly prepared to safeguard against influx
of outside contaminates and so that the cut surfaces do not influence the test results.
4. Material samples of the asphalt concrete shall be on a lot basis. A standard lot shall be equal
to 1 day’s production or 750 tons, whichever is smaller. The samples and testing results shall
be representative of their entire sample lot.
5. Table 203-6.4.4, design criteria, shall be modified per the following table, the gradation shall
stay the same:
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 156
Table 203-6.4.4 – Modified (Design Criteria)
Sieve Size
Percentage Passing Sieves
A B C1 C2 D1 D2 E F
Dense
Coarse
Dense
Medium
Coarse
Coarse
Medium
Dense
Medium
Coarse
Fine
Dense
Fine
Extra
Fine
Channel
Liner
1-1/2” (37.5 mm) 100
1” (25 mm) 90-100 100
¾” (19.0 mm) 78-90 87-100 100 100
½” (12.5 mm) 64-78 70-87 90-100 95-100 100 100
3/8” (9.5 mm) 54-68 55-76 72-88 72-88 90-100 95-100 100 100
No. 4 (4.75 mm) 34-48 35-52 40-54 46-60 40-54 58-72 65-85 95-100
No. 8 (2.36 mm) 25-35 22-40 18-34 28-42 20-32 34-48 45-65 70-84
No. 30 (600 µm) 12-22 8-24 8-20 15-27 6-18 18-32 22-38 36-50
No.50 (300 µm) 8-16 5-18 4-14 10-20 2-12 13-23 16-28 23-35
No. 200 (75 µm) 3-6 0-7 1-6 2-7 0-5 2-9 6-12 6-12
Asphalt Binder % 4.5-6.0 4.7-6.5 5.0-6.5 5.0-6.5 5.3-7.0 5.3-7.0 6.0-8.0 8.0-10.0
Hveem Stability
“S Value” (min.)
37 37 35 35 32 32
Air Voids1 4% 4% 4% 4% 4% 4%
203-6.5.1 Class and Grade.
DELETE the list and REPLACE with the following:
a) No suffix if the mixture contains RAP in an amount up to 20 percent.
b) "R0" if the mixture does not contain RAP, e.g., "III-C2-PG 64-10-R0."
c) "R" and the percentage of RAP if the mixture contains greater than 20 percent, e.g. "III-
C2-PG 64-I0-R25."
d) "WMA" if the mixture uses a warm mix asphalt technology, e.g., "III-C2-PG 64-10-WMA."
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 157
Table 203-6.5.4.
DELETE in its entirety and REPLACE with the following:
CLASS B2 B3
Sieve Size Individual
Test Result
Moving
Average
Individual
Test Result
Moving
Average
1" (25.0 mm) 100 100 100 100
3/4" (19.0 mm) 87-100 90-100 90-100 95-100
3/8" (9.5 mm) 50-80 60-75 60-84 65-80
No. 4 (4.75 mm) 30-60 40-55 40-60 45-60
No. 8 (2.36 mm) 22-44 27-40 24-50 30-45
No. 30 (600 µm) 8-26 12-22 11-29 15-25
No. 200 (75 µm) 1-8 3-6 1-9 3-7
Asphalt Binder %
Air Voids %
4.8-6.5
4%
4.8-6.5
4%
CLASS C2 C3
Sieve Size Individual
Test Result
Moving
Average
Individual
Test Result
Moving
Average
3/4" (19.0 mm) 100 100 100 100
1/2" (12.5 mm) 89 -100 95 -100 89 -100 95 - 100
3/8" (9.5 mm) 70-94 75-90 74 -100 80-95
No. 4 (4.75 mm) 44-72 50-67 50- 78 55-72
No. 8 (2.36 mm) 30-54 35-50 32-60 38-55
No. 30 (600 µm) 10-34 15 - 30 14 - 38 18 - 33
No. 200 (75 µm) 2-10 4-7 2-10 4-8
Asphalt Binder %
Air Voids %
5.0 - 6.8
4%
5.0 - 7.0
4%
CLASS D F
Sieve Sizes Combined Average Combined Average
1/2" (12.5 mm)
3/8" (9.5 mm)
100
95-100
-
100
No. 4 (4.75 mm) 65-85 95-100
No. 8 (2.36 mm) 50-70 70-80
No. 30 (600 µm) 28-40 35-50
No. 200 (75 µm) 5-14 7-16
Asphalt Binder %
Air Voids
6.0-8.0
4%
8.0-10.0
203-6.8 Storage.
DELETE in its entirety and REPLACE with the following:
1. Storage of asphalt concrete shall not be allowed. Asphalt concrete shall be transferred from
the mixer by a method that does not cause segregation.
203-6.10 Sampling.
DELETE in its entirety and REPLACE with the following:
1. Aggregate samples for batch plants shall be taken from the hot bins. Aggregate samples for
dryer-drum plants shall be taken in advance of the dryer-drum using devices conforming to
203-6.7.4.2.
2. Evaluation and acceptance of asphalt concrete shall be determined from samples of final
asphalt concrete material. In addition to evaluation of the final asphalt material, samples of
aggregate, RAP, and asphalt binder shall be taken for testing. In case of dispute between the
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 158
Contractor and the Agency, the Engineer has the authority to request core samples for
analysis from the placed asphalt concrete for any of the acceptance criteria, at the locations
determined by the Engineer. All samples shall be taken in accordance with California Test
125, and the following table:
TABLE 203-6.10
Sampling Location
Asphalt Concrete • Trucks, or
• Mat behind the paver
Aggregate • Cold feed belts, or
• Hot bins prior to addition of asphalt binder
RAP • RAP system, or
• RAP feed belts
Asphalt Binder • Asphalt binder supplier, or
• Storage tanks at the plant during production
3. When behind the paver or core samples of asphalt concrete are to be used for evaluation,
sufficient size samples shall be taken to ensure representative and adequate quantity of
material for the required testing.
4. When using core samples, the samples must be properly prepared to safeguard against influx
of outside contaminates and so that the cut surfaces do not influence the test results.
5. Material samples of the asphalt concrete shall be on a lot basis. A standard lot shall be equal
to 1 day’s production or 750 tons, whichever is smaller. The samples and testing results shall
be representative of their entire sample lot.
203-6.11 Acceptance.
DELETE in its entirety and REPLACE with the following:
1. Acceptance of asphalt concrete mixtures will be based upon conformance to the gradation,
asphalt binder content, air voids, and minimum stability values shown in Table 203-6.4.4. Air
void values shall be between 2% and 6%. The asphalt binder content shall be within +/- 0.4
percent of the OBC shown on the respective job mix formula.
2. Acceptance of Type III asphalt concrete mixtures will be based upon conformance to the
gradation, asphalt binder content, air voids, and minimum stability values shown in Tables
203-6.5.4 (A) and 203-6.5.4 (B). Air void values shall be between 2% and 6%. The asphalt
binder content shall be within +/- 0.4 percent of the OBC shown on the respective job mix
formula.
3. Should plant gradation test results be unavailable and allowed by the Engineer, gradation may
be determined in accordance with ASTM D2172 or by AASHTO T 308 with adherence to the
aggregate correction factor therein. In the case of a continued dispute, final acceptance of
plant produced mixtures may be based upon binder content, stability and air void values.
4. When dissimilar surface course mix characteristics are the result of production and delivery
from multiple plants, the Engineer may require production and delivery from only 1 plant during
any 1 day of production, unless approved by the Engineer.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 159
SECTION 213 - ENGINEERING GEOSYNTHETICS
ADD the following section:
213-6 EROSION CONTROL SPECIALTIES.
213-6.1 Gravel bags. Gravel bags for the use of temporary erosion control shall be burlap
type, filled with no less than 23kg (50 lbs) of 19 mm (3/4“) crushed rock and securely tied closed.
Plastic bags are not acceptable.
SECTION 214 – TRAFFIC STRIPING, CURB AND PAVEMENT
MARKINGS, AND PAVEMENT MARKERS
214-6 PAVEMENT MARKERS
214-6.1 Types of Markers.
ADD the following section:
h) Temporary Reflective Pavement Markers. Temporary pavement markers shown on the
plans and required in the specifications shall be one of the types shown in Table 214-5.1(A), or
equal thereto.
TABLE 214-6.1.1
TEMPORARY REFLECTIVE PAVEMENT MARKERS
Type Manufacturer of Distributor
TOM- Temporary Overlay
Markers
Davidson Traffic Control Products, 3110 70th Avenue East, Tacoma,
WA 98424, (877) 335-4638
ADD the following section:
214-8 Permanent Reflective Channelizer. Reflective Channelizer shall be new surface-mounted
type and shall be furnished, placed, and maintained at the locations shown on the plans.
Reflective channelizer posts shall be orange in color. Reflective channelizers shall have affixed
white reflective sheeting as specified in the special provisions. The reflective sheeting shall be
75 mm x 300 mm in size. The reflective sheeting shall be visible at 300 m at night under
illumination of legal high beam headlights, by persons with vision of or corrected to 20/20.
Reflective channelizer shall be one of the types shown in Table 214-5.2(A), or equal thereto.
TABLE 214-8.1.1
REFLECTIVE CHANNELIZER
Type Manufacturer of Distributor
Safe-Hit SH336SMA Safe-Hit, A Division of Energy Absorption Systems, Inc.
35 East Wacker Drive, Suite 1100
Chicago, IL 60602
(800) 537-8958
Carsonite "Super Duck" SDR3036 Carsonite Composites, LLC
605 Bob Gifford Boulevard
Early Branch, SC 29916
(800) 648-7916
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 160
Repo "The Replaceable Post" Western Highway Products
10680 Fern Avenue
Stanton, CA 90680
(800) 854-3360
The Contractor shall provide the Engineer with a Certificate of Compliance in accordance with the
provisions of Section 2-5.3.3 “Submittals”. Said certificate shall certify that the permanent
reflective channelizers comply with the plans and specifications and conform to the prequalified
design and material requirements approved by the engineer and were manufactured in
accordance with the approved quality control program.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 161
SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 3, CONSTRUCTION METHODS
SECTION 300 – EARTHWORK
300-1 CLEARING AND GRUBBING.
300-1.1 General. ADD the following to the third paragraph:
During surface clearing operations, the Contractor shall not cover or bury any plant growth or
other objectionable materials. If the Contractor cannot successfully separate the plant growth from
the surface soil and advertently or inadvertently mixes organic or other objectionable materials
with the soil, the soil so contaminated shall be removed from the site by the Contractor. All costs,
if any, associated with removing the soil mixed with organic or other objectionable materials and
importing soil to replace said contaminated soil shall be borne by the Contractor and no additional
payment therefore shall be made to the Contractor.
Clearing and grubbing shall also include the removal, relocation, adjusting, or salvaging of all
facilities so indicated on the Plans which are not designated as separate bid items or which are
not included in other bid items.
Dust control throughout the duration of the project conforming to Section 7-8.1, Cleanup and Dust
Control, of these Special Provisions.
Progressive clean up and maintenance of project appearance.
Clean-up of project area upon completion of the Work.
Pruning and disposing of interfering portions of roots, shrubs, maintaining existing public sprinkler
systems in working order. This includes water supply, water distribution, electrical supply, and
electrical control elements of the existing sprinkler system.
Removal and disposal of existing asphalt concrete and aggregate base, concrete curb and gutter,
concrete sidewalk, and other existing features which interfere with the work. Whether or not such
items are shown on the plans they shall be removed as a part of clearing and grubbing. Existing
underground pipes and conduits that are shown on the plans and designated to be removed shall
be removed by the Contractor as a part of clearing and grubbing.
300-1.3 Measurement.
DELETE in its entirety:
300-1.4 Payment.
Modify as follows:
Payment for clearing and grubbing shall be included in the contract unit prices bid for various
items requiring this work, other bids items and no additional payment shall be allowed therefor.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 162
SECTION 301 – SUBGRADE PREPARATION, TREATED MATERIALS,
AND PLACEMENT OF BASE MATERIALS
301-1 SUBGRADE PREPARATION.
301-1.2 Preparation of Subgrade.
MODIFY the second and third paragraphs as follows:
Change each instance reading “150mm (6 inches)” to “300 mm (12”)”.
301-1.3 Relative Compaction.
DELETE the first paragraph and REPLACE with the following:
The Contractor shall compact the upper 300 mm (12”) of subgrade beneath areas to be paved,
have base or subbase material placed on them, or curb, gutter, curb and gutter, alley pavement,
driveway or sidewalk constructed over them to no less than 95 percent maximum dry density as
determined by ASTM test D-1557-91.
301-1.7 Payment.
MODIFY the first paragraph as follows:
Payment for subgrade preparation shall be included in the contract bid price for which the
subgrade is prepared and shall include all labor, materials; including water, operations and
equipment to scarify, adjust moisture, compact or recompact the subgrade, both in cut areas and
in fill areas, and no additional compensation shall be allowed therfor.
SECTION 303 CONCRETE AND MASONRY CONSTRUCTION
303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY
INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS.
303-5.1.1 General
ADD the following:
Portland Cement Concrete used for all curb and gutter, sidewalks, pedestrian ramps, driveway
approaches, driveway aprons and cross gutters shall be in conformance with Table 201-1.1.2 of
the SSPWC, unless otherwise indicated.
• Where the Plans specify that concrete shall attain a minimum compressive strength of
4000 psi at 28 days (i.e., cast-in-drilled hole (CIDH) piles; the concrete shall be designed
by the Contractor in accordance with Section 201-1.1.4 of the Standard Specifications.
In case of conflict between the concrete strengths shown in Table 201-1.1.2 of the Standard
Specifications and on the applicable Standard Drawings, the higher strength shown on either shall
govern.
Control joints must be sawcut per plans and not hand-tooled within 24 hours of concrete pour.
Sidewalk shall be constructed in conformance with San Diego Regional Standard Drawings G7,
G9, G10, and per these specifications.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 163
303-5.5.2 Curb
DELETE the last sentence of the second paragraph in its entirety and revise to read the following:
The name of the Contractor and the year in which the improvement is constructed shall NOT be
stamped in the completed work. The Contractor shall stamp the curb face with 75 mm (3”) high
block letters as specified in Table 303-5.5.2(A) to identify the locations of existing water, sewer
and reclaimed water service within a removal/replacement area.”
TABLE 303-5.5.2(A)
Curb Face Markings
Type of underground facilities Marking
Water Service Lateral W
Sewer Service Lateral S
Irrigation Water Lateral or Sleeve RW
303-5.9 Measurement and Payment
ADD the following:
Measurement for the various items of work under Portland Cement Concrete (P.C.C.)
Construction shall be measured in accordance with the units indicated in the bid schedule and as
specified in the various sections of these Special Provisions.
Curb and gutter at curb ramps shall be included in the unit price bid for “Concrete Curb Ramp per
SDRSD.”
Full compensation for Portland Cement Concrete construction is considered included in the unit
or lump sum prices paid for the various concrete bid items and no additional compensation will
be allowed therefor. The unit or lump sum prices paid for the items of work shall include full
compensation for furnishing all labor, materials, reinforcement, truncated domes, test panels,
tools, equipment, transportation, joints, joint sealant, structure excavation and backfill, forms,
finishing, curing agents, curing, scoring, stamping, steel reinforcement, marking, and incidentals
necessary for a complete installation, Complete-In-Place, and no additional compensation will be
allowed therefor.
Compensation for installing detectable warning system required for curb ramps shall be included
in the price of each curb ramp.
Concrete bid items include, but are not limited to:
• Pedestrian Light Pole Foundation per SDRSD E-1 and E-2
• Concrete Curb Ramp
• Concrete Sidewalk per SDRSD G-7, G-9, G-10
• Concrete Cross Gutter per SDRSD G-12
• Concrete Curb and Gutter per SDRSD G-2
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 164
SECTION 306 – OPEN TRENCH CONDUIT CONSTRUCTION
ADD the following:
306-3.1 General. When the actual elevation or position of any existing pipe, conduit, or other
underground appurtenances cannot be determined without excavation, the Contractor shall
excavate and expose the existing improvement at the location shown on the Plans and any other
locations deemed necessary by the Engineer. Such excavation shall be considered as part of the
excavation necessary for the work. The Engineer shall be given the opportunity to inspect the
existing improvements when it is exposed. Any adjustments in line or grade which may be
necessary to accomplish the intent of the plans shall be made at no additional costs.
ADD the following:
306-3.2 Removal of Surface Improvements.
Bituminous pavement, concrete pavement, curbs, sidewalks, or driveways removed in connection
with construction shall be removed in accordance with Subsection 401 of the Standard
Specifications and these Special Provisions and reconstructed in-kind.
306-3 TRENCH EXCAVATION
306-3.3. Removal and Abandonment of Existing Conduits and Structures.
ADD the following:
Unless otherwise noted on plans, the Contractor shall remove all existing abandoned pipelines
and conduits of any type in conflict with proposed improvements. Payment for removal and
disposal of abandoned utilities shall be included in the contract unit prices bid for various items
requiring this work, other bids items and no additional payment shall be allowed therefor.
306-12 BACKFILL.
306-12.1 General.
ADD the following:
The Contractor shall install detectable underground utility marking tape above each or, in the case
of bundled underground conduit of the same type, the upper underground conduit being installed
by the open trench method, unless otherwise shown on the plans.
DELETE the following section in its entirety and REPLACE with the following:
306-12.3.2 Compaction Requirements. The Contractor shall densify trench backfill to a
minimum of 90 percent relative compaction except that in the top 915 mm (36”) of the street right-
of-way, compaction shall be 95 percent.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 165
306-13 TRENCH RESURFACING.
306-13.1 Temporary Resurfacing.
ADD the following:
Temporary bituminous resurfacing materials which are placed by the Contractor are for its
convenience and shall be at no cost to the Agency. Temporary bituminous resurfacing materials
shall be used in lieu of permanent resurfacing only when approved by the Engineer. When
temporary bituminous resurfacing materials are used in lieu of permanent resurfacing it shall be
removed and replaced with permanent resurfacing within 7 days of placement. No additional
payment will be made for temporary bituminous resurfacing materials. The price bid for the
associated conduit or structure shall include full compensation for furnishing, placing, maintaining,
removing, and disposing of such temporary resurfacing materials.
306-13.2 Permanent Resurfacing.
ADD the following:
Except as provided in section 306-13.1, “Temporary Resurfacing,” the Contractor shall perform
permanent trench resurfacing within 24 hours after the completion of backfill and compaction of
backfill and aggregate base materials. Trench resurfacing shall be per the City of Carlsbad
Standard Specifications and Drawings GS-24 through GS-28.
306-15 PAYMENT
306-15.1 General.
ADD the following:
Payment for utility trench for street lighting conduits and conduits for SDGE’s point of connections
(POCs) shall be included in the contract unit prices bid for various items requiring this work, other
bids items and no additional payment shall be allowed therefor.
SECTION 308 – MICROTUNNELING
308-6 SUBSURFACE CONDITIONS.
308-6.2 Microtunneling Requested by the Contractor.
DELETE in its entirety and REPLACE with the following:
When microtunneling is proposed by the Contractor as an alternative to the specified methods of
conduit installation, the Contractor shall obtain copies of the information and reports listed in 3-9
and 308-6.3 and shall conduct independent investigations as necessary to substantiate the basis
for the Contractor’s proposal and submit in accordance with 3-8. Microtunneling operations must
be approved by the Engineer prior to the start of microtunneling work.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 166
SECTION 314 – TRAFFIC STRIPING, CURB AND PAVEMENT
MARKINGS, AND PAVEMENT MARKERS
314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS.
314-2.1 General.
DELETE in its entirety and REPLACE with the following:
1. The Contractor shall remove by wet grinding all existing traffic markings and lines that may
have been damaged during trenching operations prior to painting the new traffic stripes or
markings and in compliance with in Section 7-10.
2. The Contractor shall vacuum all water and detritus resulting from high velocity water jet
striping removal from the pavement immediately after the water jetting and shall not allow
such materials to flow in the gutter, enter the storm drain system or to leave the pavement
surface. Surface variation limitations for high velocity water jet striping removal shall be the
same as for grinding.
3. The Contractor shall not use dry or wet sandblasting in any areas. Alternate methods of paint
removal require prior approval of the Engineer. Obliteration of traffic striping with black paint,
light emulsion oil or any other masking method other than a minimum 30mm (0.10’) thick
asphalt concrete overlay is not permitted.
314-2.2 and 314-2.3
REPLACE as follows:
314-2.2 Measurement and Payment
Removal and replacement of traffic striping and curb and pavement markings damaged during
trench operations shall be included in the contract unit prices bid for various items requiring this
work, other bids items and no additional payment shall be allowed therefor.
314-5 PAVEMENT MARKERS.
314-5.6 and 314-5.7
REPLACE as follows:
314-5.6 Measurement and Payment
Removal and replacement of pavement markers damaged during trench operations shall be
included in the contract unit prices bid for various items requiring this work, other bids items and
no additional payment shall be allowed therefor.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 167
PART 4
EXISTING IMPROVEMENTS
SECTION 400 – PROTECTION AND RESTORATION
400-2 PERMANENT SURVEY MARKERS.
ADD the following:
The Contractor shall not cover or disturb permanent survey monuments or benchmarks without
the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that
protecting an existing monument in place is impractical, the Contractor shall employ a licensed
land surveyor or a registered civil engineer authorized to practice land surveying within the State
of California (“Surveyor”) to establish the location of the monument before it is disturbed. The
Contractor shall have the monument replaced by the Surveyor no later than 30 Calendar Days
after construction at the site of the replacement is completed. The Surveyor shall file corner
record(s) as required by Business and Professions Code Sections 8772 and 8773 et seq..
When a change is made in the finished elevation of the pavement of any roadway in which a
permanent survey monument is located, the Contractor shall adjust the monument frame and
cover to the new grade within 7 Calendar Days of paving unless the Engineer shall approve
otherwise. Monument frames and covers shall be protected during street sealing or painting
projects or be cleaned to the satisfaction of the Engineer.
SECTION 401 – REMOVAL
401-2 ASPHALT CONCRETE PAVEMENT.
DELETE in its entirety and REPLACE with the following:
Asphalt concrete pavement and aggregate base shall be removed to clean, straight lines.
401-3 CONCRETE AND MASONRY IMPROVEMENTS.
401-3.2 Concrete Curb, Walk, Gutters, Cross Gutters, Curb Ramps, Driveway and Alley
Intersections.
DELETE in its entirety and REPLACE with the following:
Concrete shall be removed to neatly sawed edges with saw cuts made through the entire
thickness. Concrete sidewalk, curb ramps or driveways to be removed shall be neatly sawed in
straight lines either parallel to the curb or at right angles to the alignment of the sidewalk. No
section to be replaced shall be smaller than 30 inches (750 mm) in either length or width.
All existing concrete shall be removed to the nearest joint. Concrete shall be removed to neatly
sawed edges with saw cuts made to a depth deep enough to produce a clean straight break
without loosening, cracking or damaging adjoining improvements. Curb and gutter shall be sawed
on a neat line at right angles to the curb face. PCC and all other material unsuitable for use as fill,
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 168
as determined by the Engineer, shall be removed from the right-of-way and disposed of by the
Contractor at a site of his own choice and shall pay all costs incidental to the disposal.
SECTION 402 – UTILITIES
402-1 LOCATION.
402-1.1 General.
DELETE the first paragraph and REPLACE with the following:
Known utilities and their respective owners are shown on the Plans or specified in the Special
Provisions and their locations are based on available records. The accuracy and/or completeness
of the utilities shown on the Plans is not guaranteed and actual locations must be confirmed by
potholing. Where underground utilities are shown on the Plans, the Contractor shall assume every
property parcel will be served by a service connection for each type of utility.
INSERT the following after the first sentence of the third paragraph:
Subsurface installations shall be located at least 5 Working Days and at least 500 feet in advance
of any construction heading and the results reported in written form to the Engineer.
AMEND paragraph d) to read as follows:
d) horizontal location with reference to Project stationing.
402-2 PROTECTION.
DELETE the first 3 paragraphs and REPLACE with the following:
1. The Contractor shall not interrupt the service function or disturb the support of any utility
without authority from the utility owner or direction from the Engineer. Valves, switches, vaults,
and meters shall be maintained readily accessible for emergency shutoff. Excavation of soils
providing support to pressure pipeline thrust blocks may require isolation and de-
pressurization of the pipeline prior to the installation of support devices and the Contractor
shall coordinate such Work with the utility owner.
2. Where a vertical separation distance of 12 inches cannot be attained between a proposed
utility and an existing utility greater than 4 inches in diameter, place a 1-inch thick neoprene
or silicone pad with Shore A durometer hardness of 50 to 70 (ASTM D2240) in contact with
the top of the lower utility and backfill with Portland cement concrete sand conforming to 203-
1.5.5 to 3 inches above the bottom of the upper utility. The width of the pad shall be equal to
the width of the trench and the length shall extend 1 foot beyond the outer limits of the existing
utility.
3. Where protection is required to ensure support of utilities located as shown on the Plans or in
accordance with 402-1, the Contractor shall, unless otherwise specified, furnish and place the
necessary protection at its expense.
4. Upon learning of the existence and location of any utility omitted from the Plans, the Contractor
shall immediately notify the Engineer in writing. When authorized by the Engineer, support or
protection of the utility will be paid for as provided in 7-3 or 7-4.
402-4 RELOCATION.
DELETE paragraphs 3 and 4 and REPLACE with the following:
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 169
When the Plans or Special Provisions provide for the Contractor to alter, relocate, or reconstruct
a utility, all costs for such Work, including temporary utility service, shall be included in the Bid for
the items of Work necessitating such Work. Temporary or permanent relocation or alteration of
utilities requested by the Contractor for its convenience shall be its responsibility and it shall make
all arrangements and bear all costs.
402-5 DELAYS DUE TO UTILITY CONFLICTS.
DELETE paragraphs 1 through 4 and REPLACE with the following:
1. The Contractor shall notify the Engineer of its Construction Schedule insofar as it affects the
protection, removal, or relocation of utilities. The notification shall be included as a part of the
Construction Schedule in accordance with 6-1 which shall be revised upon the completion of
utility potholing and evaluation for potential utility conflicts. The Contractor shall notify the
Engineer in writing of any subsequent changes in the Construction Schedule which will affect
the time available for protection, removal, or relocation of utilities.
2. The Contractor will not be entitled to damages or additional payment for delays attributable to
utility relocations or alterations if correctly located, noted, and completed in accordance with
402-1.
3. The Contractor may be given an extension of time for unforeseen delays attributable to
unreasonably protracted interference by utilities in performing Work correctly shown on the
Plans.
4. The Agency will determine the scope of Work for the removal, relocation, or protection of
existing main or trunk line utility facilities within the area affected by the Work if such utilities
are not identified in the Contract Documents. The Contractor will not be assessed liquidated
damages for any delay caused by the removal, relocation, or protection of such existing
facilities.
402-6 COOPERATION.
DELETE in its entirety and REPLACE with the following:
1. When necessary, the Contractor shall so conduct its operations as to permit access to the
Work Site by the Agency or the utility owner and provide time for utility Work to be
accomplished during the progress of the Work.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 170
PART 7 – STREET LIGHTING AND TRAFFIC SIGNAL
SYSTEMS
Section 700 – Materials
MODIFY as follows:
Section 86, “Electrical Work”, and Section 87, “Electrical Systems” of the Caltrans Standard
Specifications 2023 Edition replaces Section 700, “Materials”, and Section 701, “Construction”
of the SSPWC.
86-1.02 MATERIALS
ADD the following:
Removing and Replacing Improvements. In addition to the requirements of sections 400,
“Protection and Restoration of Existing Improvements” and 306-1.5, “Trench Resurfacing”,
improvements such as sidewalks, curbs, gutters, portland cement concrete and asphalt concrete
pavement, underlying material, lawns and plants, and any other improvements removed, broken
or damaged by the Contractor’s operations, shall be replaced or reconstructed with the same kind
of material as found on the work or with materials of equal quality. The new work shall be left in
a serviceable condition.
Whenever a part of a square or slab of existing concrete sidewalk, curb and gutter, cross gutter,
or driveway is broken or damaged, the entire square, section, or slab shall be removed and the
concrete reconstructed as specified above. When existing cross gutter spandrels monolithic to
existing curb ramps are damaged, the existing curb ramp and spandrel shall be removed and
replaced with an ADA compliant curb ramp with truncated domes per the San Diego Regional
Standards Drawings. The outline of all areas to be removed in portland cement concrete
sidewalks and driveways and in pavements shall be cut to a minimum depth of 0.17 foot (2”) with
an abrasive type saw prior to removing the sidewalk, driveways and pavement material. Cuts shall
be neat and true along score lines, with no shatter outside the removal area.
86-1.02B Conduit and Accessories
ADD the following:
Exposed conduit installed on a painted structure/pole shall be painted the same color as the
structure/pole. Conduit sizes are as indicated in the construction drawings.
All conductors shall be pulled directly from the spool into the conduit and shall not be dragged on
the ground as to cause damage to the conductors.
86-1.02K LUMINAIRES
86-1.02K(1) General
ADD the following:
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 171
Luminaires:
A. Luminaires shall be EVOLVE EPAS LED post top light (Catalog # E02005B301CJABLCK).
B. Luminaires shall be a maximum 9,600 lumens.
C. Luminaires shall be Type III Distribution as defined by the Illuminating Engineering Society
of North America (IESNA).
D. Luminaires shall have a maximum Correlated Color Temperature (CCT) of 3000K.F.
86-1.02J Standards, Poles, Pedestals, and Posts
ADD the following:
Street Light Pole:
A. Street Light poles shall be Ameron Victorian IV Series Pole (Model # VBS04 Pole with
Tenon Assembly) or approved equivalent.
B. Poles shall be spuncast, pre-stressed concrete poles.
C. Color (Mix 1231): gray terrazzo, exposed aggregate finish with Amershield Anti-graffiti
coating
D. Street Light foundations shall be in accordance with San Diego Regional Standard
Drawing (SDRSD) E-1 and E-2 for standard concrete poles with no additional mounted
appurtenances. If equipment or additional appurtenances are to be mounted, the street
light pole shall be steel with an exposed concrete aggregate finish and the foundation shall
be specifically designed by a civil engineer.
E. Street light pole and luminaire mounting heights shall be in conformance with the
Construction Drawings.
The Contractor shall provide voltage drop calculations to the City prior to ordering of material. If
the Contractor elects not to use a low voltage system, a new service request with SDG&E may
be required and as approved by the City, warranty, materials and methods of construction of
street lighting and traffic signals.
MODIFY Section 86-1.04 as follows:
86-1.04 MEASUREMENT AND PAYMENT
Measurement for the various items of work under Electrical Systems shall be measured in
accordance with the units indicated in the bid schedule and as specified in the various sections
of these Special Provisions.
Full compensation for all electrical work and materials necessary to complete the installation of
the streetlights shall be considered included in the unit or lump sum prices paid for the various
electrical bid items and no additional compensation will be allowed therefor. The unit or lump
sum prices paid for the items of work shall include full compensation for furnishing all labor,
materials, including clearing and grubbing, trenching, backfill and trench repairs in accordance
with the City of Carlsbad Standards, conduits and conductors (all sizes), pullboxes, light fixture
control module, pull rope, testing, grounding rods, SDG&E coordination, installation of new street
lights, connections to SDG&E service points, grounding conductors, duct spacers, light poles,
light fixtures, duct putty, voltage drop calculations, tools, equipment, transportation, storage, and
incidentals necessary for a complete installation, Complete-In-Place, and no additional
compensation will be allowed therefor.
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 172
Electrical bid items include, but are not limited to:
• 1-1/4" PVC Conduit Trenched
• 1" PVC Conduit Trenched
• 1-1/4" PVC Conduit Trenched (To POS)
• Pull Box No. 3-1/2 Electrical
• Pedestrian Light Pole
• Pedestrian Luminaire (5,100 Lumens)
• #8 AWG Insulated Conductor
• #8 AWG Insulated Ground
• #8 AWG Insulated Conductor (To POS)
• #8 AWG Insulated Ground (To POS)
• #12 AWG Insulated Conductor
• #12 AWG Insulated Ground
• Electrical Service Coordination
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 173
Appendix A
Resident Notification Example
Park Drive Slope Repair and
Drainage Improvements
Access for residents will be maintained.
Lane closures will be in place, but traffic will be
maintained at all times during construction.
Street parking and sidewalk access will be
restricted on some parts.
Please watch for construction signs.
Crews will work to minimize noise and dust.
City of Carlsbad | 442-339-2780 | cmi@carlsbadca.gov
CarlsbadWorks
NOTICE
June 2024 to January 2025
Monday - Friday
7:30 a.m. - 4:30 p.m.*
Please use caution around the work area.
Thank you for your patience.
A City of Carlsbad contractor is scheduled to do
slope and drainage improvements along Park
Drive near Marina Drive.
*Schedule may change due to weather and other
unforeseen factors
Jason Merritt
Wright Construction Engineering Corp
941-321-0535
jmerritt@wcec.net
Project contact
City of Carlsbad | 442-339-2780 | cmi@carlsbadca.gov
CarlsbadWorks
NOTICE
*Schedule may change due to weather and other
unforeseen factors
Project contact
Park Drive Slope Repair and
Drainage Improvements
Access for residents will be maintained.
Lane closures will be in place, but traffic will be
maintained at all times during construction.
Street parking and sidewalk access will be
restricted on some parts.
Please watch for construction signs.
Crews will work to minimize noise and dust.
June 2024 to January 2025
Monday - Friday
7:30 a.m. - 4:30 p.m.*
Please use caution around the work area.
Thank you for your patience.
A City of Carlsbad contractor is scheduled to do
slope and drainage improvements along Park
Drive near Marina Drive.
Jason Merritt
Wright Construction Engineering Corp
941-321-0535
jmerritt@wcec.net
Federal Aid Project No: CPFCDSL 5308(025)Page 1
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 174
Appendix B
LAPM Exhibit 12-G
Federal-aid Requirements
Exhibit 12-G Required Federal-Aid Contract Language Local Assistance Procedures Manual
Page 1 of 21 October 2023
EXHIBIT 12-G: REQUIRED FEDERAL-AID CONTRACT LANGUAGE (For Local Assistance Construction Projects)
The following language must be incorporated into all Local Assistance Federal-aid construction contracts. The following language, with minor edits, was taken from the Code of Federal Regulations.
MAINTAIN RECORDS AND SUBMIT REPORTS DOCUMENTING YOUR PERFORMANCE UNDER THIS SECTION
1.DISADVANTAGED BUSINESS ENTERPRISES (DBE) ..................................................................................... 2
A.Nondiscrimination Statement ............................................................................................................... 3
B.Contract Assurance ............................................................................................................................... 3
C.Prompt Progress Payment .................................................................................................................... 3
D.Prompt Payment of Withheld Funds to Subcontractors ................................................................... 3
E.Termination and Replacement of DBE Subcontractors..................................................................... 4
F.Commitment and Utilization ................................................................................................................. 6
G.Running Tally of Attainments ............................................................................................................... 7
H.Commercially Useful Function ............................................................................................................. 7
I. Use of Joint Checks .............................................................................................................................. 8
2.BID OPENING ...................................................................................................................................................... 9
3.BID RIGGING ....................................................................................................................................................... 9
4.CONTRACT AWARD ........................................................................................................................................... 9
5.CONTRACTOR LICENSE .................................................................................................................................... 9
6.CHANGED CONDITIONS .................................................................................................................................... 9
A.Differing Site Conditions ....................................................................................................................... 9
B.Suspensions of Work Ordered by the Engineer ................................................................................. 9
C.Significant Changes in the Character of Work ................................................................................. 10
7.BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES ........................................ 10
8.BUY AMERICA ................................................................................................................................................... 10
9.QUALITY ASSURANCE .................................................................................................................................... 11
10. PROMPT PAYMENT .......................................................................................................................................... 12
11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS .......................... 12
12. FEMALE AND MINORITY GOALS .................................................................................................................... 12
13. TITLE VI ASSURANCES.................................................................................................................................... 14
14. FEDERAL TRAINEE PROGRAM ...................................................................................................................... 19
15.PROHIBITION OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT ANDSERVICES .......................................................................................................................................................... 20
Federal Aid Project No: CPFCDSL 5308(025) Contract No. 4015
Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language
Page 2 of 21 October 2023
1.DISADVANTAGED BUSINESS ENTERPRISES (DBE)
The contractor, subrecipient or subcontractor shall take necessary and reasonable steps to ensure that DBEshave opportunity to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49CFR 26.5, the Agency shows a contract goal for DBEs. The prime contractor shall make work available to DBEsand select work parts consistent with available DBE subcontractors and suppliers.
The prime contractor shall meet the DBE goal shown elsewhere in these special provisions or demonstrate thatthey made adequate Good Faith Efforts (GFE) to meet this goal. An adequate GFE means that the bidder mustshow that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, andappropriateness to the objective, could reasonably be expected to meet the DBE goal.
If the DBE goal is not met, the contractor needs to complete and submit the DBE GFE documentation asdescribed in Local Assistance Procedures Manual (LAPM) Chapter 9, Section 9.8 within 5 (five) days of bidopening.
It is the prime contractor’s responsibility to verify that the DBE firm is certified as a DBE on the date of bidopening by using the California Unified Certification Program (CUCP) database and possesses the most specificavailable North American Industry Classification System (NAICS) codes and Work Code applicable to the type ofwork the firm will perform on the contract. Additionally, the prime contractor is responsible to document thisverification by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be foundat: https://dot.ca.gov/programs/civil-rights/dbe-search.
DBE participation will only count toward the California Department of Transportation’s federally mandatedstatewide overall DBE goal if the DBE performs a commercially useful function under 49 CFR 26.55.
Credit for materials or supplies the prime contractor purchases from DBEs counts towards the goal in thefollowing manner:
•100 percent counts if the materials or supplies are obtained from a DBE manufacturer.
•60 percent counts if the materials or supplies are obtained from a DBE regular dealer.
•Only fees, commissions, and charges for assistance in the procurement and delivery of materials orsupplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55defines "manufacturer" and "regular dealer."
The prime contractor receives credit towards the goal if they employ a DBE trucking company that performs a commercially useful function as defined in 49 CFR 26.55(d) as follows:
•The DBE must be responsible for the management and supervision of the entire trucking operation forwhich it is responsible on a particular contract, and there cannot be a contrived arrangement for thepurpose of meeting DBE goals.
•The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on
the contract.
•The DBE receives credit for the total value of the transportation services it provides on the Contractusing trucks it owns, insures, and operates using drivers it employs.
•The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as aDBE. The DBE who leases trucks from another DBE receives credit for the total value of thetransportation services the lessee DBE provides on the Contract.
•The DBE may also lease trucks from a non-DBE firm, including from an owner-operator. The DBE thatleases trucks equipped with drivers from a non-DBE is entitled to credit for the total value of
transportation services provided by non-DBE leased trucks equipped with drivers not to exceed thevalue of transportation services on the contract provided by DBE-owned trucks or leased trucks with
DBE employee drivers. Additional participation by non-DBE owned trucks equipped with driversreceives credit only for the fee or commission it receives as a result of the lease arrangement.
•The DBE may lease trucks without drivers from a non-DBE truck leasing company. If the DBE leases
trucks from a non-DBE truck leasing company and uses its own employees as drivers, it is entitled tocredit for the total value of these hauling services.
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Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language
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•A lease must indicate that the DBE has exclusive use of and control over the truck. This does notpreclude the leased truck from working for others during the term of the lease with the consent of theDBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucksmust display the name and identification number of the DBE.
A.Nondiscrimination Statement
The contractor, subrecipient or subcontractor will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the Local Agency components of the DBE Program Plan, the contractor, subrecipient or subcontractor will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.
B.Contract Assurance
Under 49 CFR 26.13(b): The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1)Withholding monthly progress payments;
(2)Assessing sanctions;
(3)Liquidated damages; and/or
(4)Disqualifying the contractor from future bidding as non-responsible.
C.Prompt Progress Payment
In accordance with California Business and Professions Code section 7108.5, the prime contractor or
subcontractor shall pay to any subcontractor, not later than seven days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed the contractor on account of the work
performed by the subcontractors, to the extent of each subcontractor’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from the prime contractor
or subcontractor to a subcontractor, the prime contractor or subcontractor may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action
and shall subject the licensee to a penalty, payable to the subcontractor, of 2 percent of the amount due per month for every month that payment is not made.
In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in
addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subcontractors.
D.Prompt Payment of Withheld Funds to Subcontractors
The Agency may hold retainage from the prime contractor and shall make prompt and regular incremental
acceptances of portions, as determined by the Agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The Agency shall designate one of the methods below in the contract to
ensure prompt and full payment of any retainage kept by the prime contractor or subcontractor to a subcontractor. The Agency shall include either Method 1, Method 2, or Method 3 below and delete the other two.
Federal Aid Project No: CPFCDSL 5308(025) Contract No. 4015
Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language
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Method 3: The Agency shall hold retainage from the prime contractor and shall make prompt and regular
incremental acceptances of portions, as determined by the Agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all
monies withheld in retention from all subcontractors within seven (7) days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by
the Agency. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating prime contractor
or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement
shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment
by the contractor; deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.
Any violation of these provisions of Prompt Progress Payment and Prompt Payment of Withheld Funds to Subcontractors shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor.
E.Termination and Replacement of DBE Subcontractors
The prime contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains the Agency’s written consent. The prime contractor shall not terminate or replace a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without prior written authorization from the Agency. Unless the Agency’s prior written consent is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 15-G Construction Contract DBE Commitment form, included in the Bid.
Termination of DBE Subcontractors
After a contract with a specified DBE goal has been executed, termination of a DBE may be allowed for the following, but not limited to, justifiable reasons with prior written authorization from the Agency:
1.Listed DBE fails or refuses to execute a written contract based on plans and specifications for theproject.
2.The Local Agency stipulated that a bond is a condition of executing the subcontract and the listed DBEfails to meet the Local Agency’s bond requirements.
3.Work requires a contractor's license and listed DBE does not have a valid license under ContractorsLicense Law, or is not properly registered with the California Department of Industrial Relations as apublic works contractor.
4.Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to
Federal Aid Project No: CPFCDSL 5308(025) Contract No. 4015
Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language
Page 5 of 21 October 2023
perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).
5.Listed DBE's work is unsatisfactory and not in compliance with the contract.
6.Listed DBE is ineligible to work on the project because of suspension or debarment.
7.Listed DBE becomes bankrupt or insolvent or exhibits credit unworthiness.
8.Listed DBE voluntarily withdraws with written notice from the Contract
9.Listed DBE is ineligible to receive credit for the type of work required.
10.Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.
11.The Agency determines other documented good cause.
To terminate a DBE or to terminate a portion of a DBE's work, the contractor must use the following procedures:
1.Send a written notice to the DBE of Contractor’s intent to use other forces or material sources and
include one or more justifiable reasons listed above. Simultaneously send a copy of this written notice tothe Agency. The written notice to the DBE must request they provide any response within five (5)
business days to both the Contractor and the Agency by either acknowledging their agreement ordocumenting their reasoning as to why the use of other forces or sources of materials should not occur.
2.If the DBE does not respond within 5 business days, Contractor may move forward with the request as ifthe DBE had agreed to Contractor’s written notice.
3.Submit Contractor’s DBE termination request by written letter to the Agency and include:
•One or more above listed justifiable reasons along with supporting documentation.
•Contractor’s written notice to the DBE regarding the request, including proof of transmission andtracking documentation of Contractor’s written notice
•The DBE's response to Contractor’s written notice, if received. If a written response was notprovided, provide a statement to that effect.
The Agency shall respond in writing to Contractor’s DBE termination request within 5 business days.
Replacement of DBE Subcontractors
After receiving the Agency’s written authorization of DBE termination request, the Contractor must obtain the Agency’s written agreement for DBE replacement. The Contractor must find or demonstrate GFEs to find qualified DBE replacement firms to perform the work to the extent needed to meet the DBE commitment.
The following procedures shall be followed to request authorization to replace a DBE firm:
1.Submit a request to replace a DBE with other forces or material sources in writing to the Agency whichmust include:
a. Description of remaining uncommitted work items made available for replacement DBE solicitation
and participation.
b.The proposed DBE replacement firm's business information, the work they have agreed to
perform, and the following:
•Quote for bid item work and description of work to be performed
•Proposed subcontract agreement and written confirmation of agreement to perform on the
Contract
•Revised Subcontracting Request form
•Revised Exhibit 15-G: Construction Contract DBE Commitment
2.If Contractor has not identified a DBE replacement firm, submit documentation of the Contractor’s GFEs
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to use DBE replacement firms within 7 days of Agency's authorization to terminate the DBE. The Contractor may request the Agency's approval to extend this submittal period to a total of 14 days. Submit documentation of actions taken to find a DBE replacement firm, such as:
•Search results of certified DBEs available to perform the original DBE work identified and/or otherwork the Contractor had intended to self-perform, to the extent needed to meet the DBEcommitment
•Solicitations of DBEs for performance of work identified
•Correspondence with interested DBEs that may have included contract details and requirements
•Negotiation efforts with DBEs that reflect why an agreement was not reached
•If a DBE's quote was rejected, provide Contractor’s reasoning for the rejection, such as why theDBE was unqualified for the work, or why the price quote was unreasonable or excessive
•Copies of each DBE's and non-DBE's price quotes for work identified, as the Agency may contactthe firms to verify solicitation efforts and determine if the DBE quotes are substantially higher
•Additional documentation that supports the GFE
The Agency shall respond in writing to the Contractor’s DBE replacement request within five (5) business days. The Contractor must submit a revised Subcontracting Request form if the replacement plan is authorized by the Agency.
F.Commitment and Utilization
The Agency’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.
The bidder shall complete and sign Exhibit 15-G: Construction Contract DBE Commitment included in the contract documents regardless of whether DBE participation is reported. The bidder shall provide written confirmation from each DBE that the DBE is participating in the Contract. LAPM Exhibit 9-I: DBE Confirmation or equivalent form and DBE’s quote must be submitted. The written confirmation must be submitted no later than 4pm on the 5th day after bid opening. If a DBE is participating as a joint venture partner, the bidder shall submit a copy of the joint venture agreement.
If the DBE Commitment form, Exhibit 15-G, is not submitted with the bid, it must be completed and submitted by all bidders to the Agency within five (5) days of bid opening. If the bidder does not submit the DBE Commitment form within the specified time, the Agency will find the bidder’s bid nonresponsive.
The prime contractor shall use each DBE subcontractor as listed on Exhibit 15-G: Construction Contract DBE Commitment unless they receive written authorization for a termination or replacement from the Agency.
The Agency shall request the prime contractor to:
1.Notify the Resident Engineer or Inspector of any changes to its anticipated DBE participation
2.Provide this notification before starting the affected work
3.Maintain records including:
•Name and business address of each 1st-tier subcontractor
•Name and business address of each DBE subcontractor, DBE vendor, and DBE trucking company,
regardless of tier
•Date of payment and total amount paid to each DBE (see Exhibit 9-F: Monthly DisadvantagedBusiness Enterprise Payment)
If the prime contractor is a DBE contractor, they shall include the date of work performed by their own forces and the corresponding value of the work.
Before the 15th of each month, the prime contractor shall submit a Monthly DBE Trucking Verification (LAPM Exhibit 16-Z1) form.
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If a DBE is decertified before completing its work, the DBE must notify the prime contractor in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify the prime contractor in writing of the certification date. The prime contractor shall submit the notifications. Upon work completion, the prime contractor shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O, form and submit the form within 30 days of contract acceptance.
Upon work completion, the prime contractor shall complete Exhibit 17-F: Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it within 90 days of contract acceptance. The Agency will withhold $10,000 until the form is submitted. The Agency releases the withhold upon submission of the completed form.
G.Running Tally of Attainments
For projects awarded on or after March 1, 2020, but before September 1, 2023:
After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the
following month, the prime contractor/consultant must complete and email the Exhibit 9-F: Disadvantaged Business Enterprise Running Tally of Payments to business.support.unit@dot.ca.gov with a copy to local
administering agencies.
For projects that are awarded on or after September 1, 2023:
Exhibit 9-F is no longer required. Instead, by the 15th of the month following the month of any payment(s), the prime contractor must now submit Exhibit 9-P to the Local Agency administering the contract. If the Contractor
does not make any payments to subcontractors, supplier(s) and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.
H.Commercially Useful Function
DBEs must perform a commercially useful function (CUF) under 49 CFR 26.55 when performing work or supplying materials listed on the DBE Commitment form. The DBE value of work will only count toward the DBE commitment if the DBE performs a CUF. A DBE performs a CUF when it is responsible for execution of the work on the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. If a DBE does not perform or exercise responsibility for at least 30% of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that the DBE is not performing a CUF. Additionally, the DBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself.
The Contractor must perform CUF evaluation for each DBE company working on a federal-aid contract, with or without a DBE goal. Perform a CUF evaluation at the beginning of the DBE’s work, and continue to monitor the performance of CUF for the duration of the project.
The Contractor must provide written notification to the AGENCY at least 15 days in advance of each DBE's initial performance of work or supplying materials for the Contract. The notification must include the DBE's name, work the DBE will perform on the contract, and the location, date, and time of where their work will take place.
Within 10 (ten) days of a DBE initially performing work or supplying materials on the contract, the Contractor shall submit to the LPA the initial evaluation and validation of DBE performance of a CUF using the LAPM 9-J:
Disadvantaged Business Enterprise Commercially Useful Function Evaluation. Include the following information with the submittal:
•Subcontract agreement with the DBE
•Purchase orders
•Bills of lading
•Invoices
•Proof of payment
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The Contractor must monitor all DBE’s performance of CUF by conducting quarterly evaluations and validations throughout their duration of work on the contract using the LAPM 9-J: DBE Commercially Useful Function Evaluation. The Contractor must submit to the AGENCY these quarterly evaluations and validations by the 5th of the month for the previous three (3) months of work.
The Contractor must notify the AGENCY immediately if the Contractor believes the DBE may not be performing a CUF.
The AGENCY will verify DBEs performance of CUF by reviewing the initial and quarterly submissions of LAPM 9-J: DBE Commercially Useful Function Evaluation, submitted supporting information, field observations, and
through any additional AGENCY evaluations. The AGENCY must evaluate DBEs and their CUF performancethroughout the duration of a Contract. The AGENCY will provide written notice to Contractor and DBE at least
two (2) business days prior to any evaluation. The Contractor and DBE must participate in the evaluation. Uponcompleting the evaluation, the AGENCY must share the evaluation results with the Contractor and DBE. An
evaluation could include items that must be remedied upon receipt. If the AGENCY determines the DBE is notperforming a CUF the Contractor must suspend performance of the noncompliant work.
The Contractor and DBEs must submit any additional CUF related records and documents within five (5) business days of AGENCY’s request such as:
•Proof of ownership or lease and rental agreements for equipment
•Tax records
•Employee rosters
•Certified payroll records
•Inventory rosters
Failure to submit required DBE Commercially Useful Function Evaluation forms or requested records and documents can result in withholding of payment for the value of work completed by the DBE.
If the Contractor and/or the AGENCY determine that a listed DBE is not performing a CUF in performance of their DBE committed work, immediately suspend performance of the noncompliant portion of the work. The AGENCY may deny payment for the noncompliant portion of the work. The AGENCY will ask the Contractor to submit a corrective action plan (CAP) to the AGENCY within five (5) days of the noncompliant CUF determination. The CAP must identify how the Contractor will correct the noncompliance findings for the remaining portion of the DBE's work. The AGENCY has five (5) days to review the CAP in conjunction with the prime contractor’s review. The Contractor must implement the CAP within five (5) days of the AGENCY's approval. The AGENCY will then authorize the prior noncompliant portion of work for the DBE's committed work.
If corrective actions cannot be accomplished to ensure the DBE performs a CUF on the Contract, then the Contractor may have good cause to request termination of the DBE.
I.Use of Joint Checks
A joint check may be used between the Contractor or lower-tier subcontractor and a DBE subcontractor
purchasing materials from a material supplier if the contractor obtains prior approval from the LPA for the proposed use of joint check upon submittal of the LAPM 9-K: DLA Disadvantaged Business Enterprises (DBE)
Joint Check Agreement Request form.
To use a joint check, the following conditions must be met:
•All parties, including the Contractor, must agree to the use of a joint check
•Entity issuing the joint check acts solely to guarantee payment
•DBE must release the check to the material supplier
•LPA must authorize the request before implementation
•Any party to the agreement must provide requested documentation within 10 days of the LPA's request
for the documentation
•Agreement to use a joint check must be short-term, not to exceed 1 year, allowing sufficient time
needed to establish or increase a credit line with the material supplier
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A request for a joint check agreement may be initiated by any party. If a joint check is used, the DBE remains responsible for all elements of 49 CFR 26.55(c)(1).
Failure to comply with the above requirements disqualifies DBE participation and results in no credit and no payment to the Contractor for DBE participation.
A joint check may not be used between the Contractor or subcontractor and a DBE regular dealer, bulk material supplier, manufacturer, wholesaler, broker, trucker, packager, manufacturer’s representative, or other persons who arrange or expedite transactions.
2.BID OPENINGThe Agency publicly opens and reads bids at the time and place shown on the Notice to Contractors.
3.BID RIGGINGThe U.S. Department of Transportation (DOT) provides a toll-free hotline to report bid rigging activities. Use thehotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number is (800) 424-
9071. The service is available 24 hours 7 days a week and is confidential and anonymous. The hotline is part ofthe DOT's effort to identify and investigate highway construction contract fraud and abuse and is operated underthe direction of the DOT Inspector General.
4.CONTRACT AWARD
If the Agency awards the contract, the award is made to the lowest responsible and responsive bidder.
5.CONTRACTOR LICENSE
The Contractor must be properly licensed as a contractor from contract award through Contract acceptance (23CFR 635.110).
6.CHANGED CONDITIONS
A.Differing Site Conditions
1.During the progress of the work, if subsurface or latent physical conditions are encountered at the sitediffering materially from those indicated in the contract or if unknown physical conditions of an unusual
nature, differing materially from those ordinarily encountered and generally recognized as inherent in thework provided for in the contract, are encountered at the site, the party discovering such conditions shall
promptly notify the other party in writing of the specific differing conditions before the site is disturbed andbefore the affected work is performed.
2.Upon written notification, the engineer will investigate the conditions, and if it is determined that theconditions materially differ and cause an increase or decrease in the cost or time required for the
performance of any work under the contract, an adjustment, excluding anticipated profits, will be madeand the contract modified in writing accordingly. The engineer will notify the contractor of the
determination whether or not an adjustment of the contract is warranted.
3.No contract adjustment which results in a benefit to the contractor will be allowed unless the contractorhas provided the required written notice.
4.No contract adjustment will be allowed under this clause for any effects caused on unchanged work.
[This provision may be omitted by the Local Agency, at their option.]
B.Suspensions of Work Ordered by the Engineer
1.If the performance of all or any portion of the work is suspended or delayed by the engineer in writing foran unreasonable period of time (not originally anticipated, customary, or inherent to the constructionindustry) and the contractor believes that additional compensation and/or contract time is due as a resultof such suspension or delay, the contractor shall submit to the engineer in writing a request for
adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth thereasons and support for such adjustment.
2.Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the costand/or time required for the performance of the contract has increased as a result of such suspensionand the suspension was caused by conditions beyond the control of and not the fault of the contractor,its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make
an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor will benotified of the engineer's determination whether or not an adjustment of the contract is warranted.
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3.No contract adjustment will be allowed unless the contractor has submitted the request for adjustmentwithin the time prescribed.
4.No contract adjustment will be allowed under this clause to the extent that performance would have beensuspended or delayed by any other cause, or for which an adjustment is provided or excluded under anyother term or condition of this contract.
C.Significant Changes in the Character of Work
1.The engineer reserves the right to make, in writing, at any time during the work, such changes inquantities and such alterations in the work as are necessary to satisfactorily complete the project. Suchchanges in quantities and alterations shall not invalidate the contract nor release the surety, and thecontractor agrees to perform the work as altered.
2.If the alterations or changes in quantities significantly change the character of the work under thecontract, whether such alterations or changes are in themselves significant changes to the character ofthe work or by affecting other work cause such other work to become significantly different in character,an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustmentshall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then anadjustment will be made either for or against the contractor in such amount as the engineer maydetermine to be fair and equitable.
3.If the alterations or changes in quantities do not significantly change the character of the work to beperformed under the contract, the altered work will be paid for as provided elsewhere in the contract.
4.The term “significant change” shall be construed to apply only to the following circumstances:
•When the character of the work as altered differs materially in kind or nature from that involved orincluded in the original proposed construction; or
•When a major item of work, as defined elsewhere in the contract, is increased in excess of 125
percent or decreased below 75 percent of the original contract quantity. Any allowance for anincrease in quantity shall apply only to that portion in excess of 125 percent of original contract
item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed.
7.BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES
The Contractor shall begin work within 15 calendar days after the issuance of the Notice to Proceed.
This work shall be diligently prosecuted to completion before the expiration of 260 WORKING DAYS beginning on the fifteenth calendar day after the date shown on the Notice to Proceed.
The Contractor shall pay to the city of Carlsbad fifteen hundred dollars in the sum of $1,500 per day, for each and every calendar days’ delay in finishing the work in excess of the number of working days prescribed above.
8.BUY AMERICA
Buy America Requirements apply to steel and iron, manufactured products, and construction materialspermanently incorporated into the project.
Steel and Iron Materials
All steel and iron materials must be melted and manufactured in the United States except:
1.Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic productionof the steel and iron materials [60 Fed Reg 15478 (03/24/1995)];
2.If the total combined cost of the materials produced outside the United States does not exceed thegreater of 0.1 percent of the total contract amount or $2,500, materials produced outside the UnitedStates may be used if authorized.
Furnish steel and iron materials to be incorporated into the work with certificates of compliance and certified mill test reports. Mill test reports must indicate where the steel and iron were melted and manufactured. All melting and manufacturing processes for these materials, including an application of a coating, must occur in the United States. Coating includes all processes that protect or enhance the value of the material to which the coating is applied.
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Manufactured Products
Iron and steel used in precast concrete manufactured products must meet the requirements of the above section (Steel and Iron Materials) regardless of the amount used. Iron and steel used in other manufactured products must meet the requirements of the above section (Steel and Iron Materials) if the weight of steel and iron components constitute 90 percent or more of the total weight of the manufactured product.
Construction Materials
Buy America requirements apply to the following construction materials that are or consist primarily of:
1.Non-ferrous metals2.Plastic and polymer-based products such as:2.1 Polyvinylchloride2.2 Composite Building Materials
3.Glass4.Fiber optic cable (including drop cable)5.Optical fiber6.Lumber7.Engineered wood8.Drywall
All manufacturing processes for these materials as defined in 2 CFR 184.6 must occur in the United States.
Where one or more of these construction materials have been combined by a manufacturer with other materials through a manufacturing process, Buy America requirements do not apply unless otherwise specified.
Furnish construction materials to be incorporated into the work with certificates of compliance with each project delivery. Manufacturer’s certificate of compliance must identify where the construction material was manufactured and attest specifically to Buy America compliance.
All manufacturing processes for these materials must occur in the United States.
Buy America requirements do not apply to the following:
1.Tools and construction equipment used in performing the work
2.Temporary work that is not incorporated into the finished project
Waivers
If Buy America waivers are granted, use the following language to include in the contract:
The following steel and iron products, manufactured products, or construction materials have received an
approved Buy America waiver for this contract, and therefore, are not subject to Buy America requirements:
1._______________________________
2._______________________________
9.QUALITY ASSURANCE
The Local Agency uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with theContract. The Local Agency may examine the records and reports of tests the prime contractor performs if theyare available at the job site. Schedule work to allow time for QAP.
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10.PROMPT PAYMENT
A.FROM THE AGENCY TO THE CONTRACTORS
The Local Agency shall make all project progress payment within 30 days after receipt of an undisputed andproperly submitted payment request from the Contractor on a construction contract. If the Local Agency failsto pay promptly, the Local Agency shall pay interest to the Contractor, which accrues at the rate of 10percent per annum on the principal amount of a money judgment remaining unsatisfied and pro-rated asnecessary. Upon receipt of the payment request, the Local Agency shall act in accordance with both of thefollowing:
1.The Local Agency shall review each payment request as soon as feasible after receipt to verify it is aproper payment request.
2.The Local Agency must return any payment request deemed improper by the Local Agency to theContractor as soon as feasible, but not later than seven (7) days, after receipt. A request returnedpursuant to this paragraph shall include documentation setting forth in writing the reasons why it is animproper payment request.
B.SUBMITTAL OF EXHIBIT 9-P
For projects awarded on or after September 1, 2023:
The Contractor must submit Exhibit 9-P to the Local Agency administering the contract by the 15th of themonth following the month of any payment(s). If the Contractor does not make any payments tosubcontractors, supplier(s) and/or manufacturers they must report “no payments were made to subs thismonth” and write this visibly and legibly on Exhibit 9-P.
The Local Agency must verify all Exhibit 9-P information, monitor compliance with prompt paymentrequirements for DBE and non-DBE firms, and address any shortfall to the DBE commitment and promptpayment issues until the end of the project. The Local Agency must email a copy of Exhibit 9-P toDBE.Forms@dot.ca.gov before the end of the month after receiving the Exhibit 9-P from the Contractor.
11.FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS
[Form FHWA-1273 must be physically inserted into the contract without modification, excluding ATTACHMENT
A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAYSYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS.]
[The current version of Form FHWA-1273 is accessible at FHWA’s website:
https://www.fhwa.dot.gov/programadmin/contracts/1273/1273.pdf]
12.FEMALE AND MINORITY GOALS
To comply with Section II, "Nondiscrimination," of "Required Contract Provisions Federal-Aid ConstructionContracts," the following are for female and minority utilization goals for Federal-aid construction contracts and
subcontracts that exceed $10,000:
The nationwide goal for female utilization is 6.9 percent.
The goals for minority utilization (45 Fed Reg 65984 (10/3/1980)) are as follows:
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MINORITY UTILIZATION GOALS
Economic Area
Goal (Percent)
174 Redding CA: Non-SMSA (Standard Metropolitan Statistical Area) Counties: CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama
6.8
175 Eureka, CA Non-SMSA Counties: CA Del Norte; CA Humboldt; CA Trinity
6.6
San Francisco-Oakland-San Jose, CA:
28.9
25.6
19.6
14.9
9.1
17.1
23.2
SMSA Counties:
7120 Salinas-Seaside-Monterey, CA
CA Monterey
7360 San Francisco-Oakland
CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo 7400 San Jose, CA
176 CA Santa Clara, CA 7485 Santa Cruz, CA
CA Santa Cruz
7500 Santa Rosa
CA Sonoma 8720 Vallejo-Fairfield-Napa, CA
CA Napa; CA Solano
Non-SMSA Counties:
CA Lake; CA Mendocino; CA San Benito
177
Sacramento, CA: SMSA Counties:
6920 Sacramento, CA CA Placer; CA Sacramento; CA Yolo Non-SMSA Counties CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA Yuba
16.1
14.3
Stockton-Modesto, CA: SMSA Counties: 5170 Modesto, CA 12.3
178 CA Stanislaus 8120 Stockton, CA 24.3 CA San Joaquin Non-SMSA Counties 19.8 CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne
Fresno-Bakersfield, CA
SMSA Counties: 179 0680 Bakersfield, CA 19.1
CA Kern 2840 Fresno, CA CA Fresno Non-SMSA Counties: CA Kings; CA Madera; CA Tulare
26.1
23.6
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Los Angeles, CA:
11.9
28.3
21.5
19.0
19.7
24.6
SMSA Counties: 0360 Anaheim-Santa Ana-Garden Grove, CA
CA Orange
4480 Los Angeles-Long Beach, CA
CA Los Angeles
180 6000 Oxnard-Simi Valley-Ventura, CA CA Ventura 6780 Riverside-San Bernardino-Ontario, CA
CA Riverside; CA San Bernardino
7480 Santa Barbara-Santa Maria-Lompoc, CA
CA Santa Barbara Non-SMSA Counties
CA Inyo; CA Mono; CA San Luis Obispo
San Diego, CA:
16.9
18.2
SMSA Counties
181 7320 San Diego, CA CA San Diego Non-SMSA Counties
CA Imperial
For the last full week of July during which work is performed under the contract, the prime contractor and each non material-supplier subcontractor with a subcontract of $10,000 or more must complete Form FHWA PR-1391 (Appendix C to 23 CFR 230). Submit the forms by August 15.
13.TITLE VI ASSURANCES
[The U.S. Department of Transportation Order No.1050.2A requires all federal-aid Department of Transportation
contracts between an agency and a contractor to contain Appendix A and E.
Note: Appendix B only requires inclusion if the contract impacts deeds effecting or recording the transfer of real
property, structures, or improvements thereon, or granting interest therein. Appendices C and D only require inclusion
if the contract impacts deeds, licenses, leases, permits, or similar instruments entered into by the recipient.]
APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows:
a.Compliance with Regulations: CONTRACTOR shall comply with the regulations relative tonondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code ofFederal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to asthe REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
b. Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the AGREEMENT,shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability inthe selection and retention of sub-applicants, including procurements of materials and leases ofequipment. CONTRACTOR shall not participate either directly or indirectly in the discriminationprohibited by Section 21.5 of the Regulations, including employment practices when the agreementcovers a program set forth in Appendix B of the Regulations.
c.Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In allsolicitations either by competitive bidding or negotiation made by CONTRACTOR for work to beperformed under a Sub- agreement, including procurements of materials or leases of equipment, eachpotential sub-applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR’Sobligations under this Agreement and the Regulations relative to nondiscrimination on the grounds ofrace, color, or national origin.
d.Information and Reports: CONTRACTOR shall provide all information and reports required by the
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Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information.
e. Sanctions for Noncompliance: In the event of CONTRACTOR’s noncompliance with thenondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions
as it or the FHWA may determine to be appropriate, including, but not limited to:
i.withholding of payments to CONTRACTOR under the Agreement within a reasonable periodof time, not to exceed 90 days; and/or
ii.cancellation, termination or suspension of the Agreement, in whole or in part.
f.Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1) through (6)in every sub-agreement, including procurements of materials and leases of equipment, unless exempt
by the Regulations, or directives issued pursuant thereto.
CONTRACTOR shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONTRACTOR may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States.
APPENDIX B
CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures,
or improvements thereon, or granting interest therein from the United States pursuant to the provisions of
Assurance 4:
NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that
the recipient will accept title to the lands and maintain the project constructed thereon in accordance with Title
23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures
prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all
requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle
A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department
of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78
Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the
recipient all the right, title and interest of the U.S. Department of Transportation in and to said lands described
in Exhibit A attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever,
subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the recipient, its successors and assigns. The recipient, in
consideration of the conveyance of said lands and interest in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands
hereby conveyed [,] [and]* (2) that the recipient will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title
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VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended[, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary
in order to make clear the purpose of Title VI.)
APPENDIX C
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE
ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the recipient pursuant to the provisions of Assurance 7(a):
A.The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personalrepresentatives, successors in interest, and assigns, as a part of the consideration hereof, does herebycovenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that:
1.In the event facilities are constructed, maintained, or otherwise operated on the property described
in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation
activity, facility, or program is extended or for another purpose involving the provision of similar
services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such
facilities and services in compliance with all requirements imposed by the Acts and Regulations (as
may be amended) such that no person on the grounds of race, color, or national origin, will be
excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the
use of said facilities.
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non-
discrimination covenants, the recipient will have the right to terminate the (lease, license, permit, etc.) and to
enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license,
permit, etc.) had never been made or issued.*
C.With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the
recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands
and facilities will there upon revert to and vest in and become the absolute property of the recipient and its
assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)
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APPENDIX D
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE
ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered
into by the recipient pursuant to the provisions of Assurance 7(b):
A.The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal
representatives, successors in interest ,and assigns, as a part of the consideration hereof, does herebycovenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) noperson on the ground of race, color, or national origin, will be excluded from participation in, denied thebenefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the constructionof any improvements on, over, or under such land, and the furnishings of services thereon, no person on theground of race, color, or national origin, will be excluded from participation in, denied the benefits or, orotherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use thepremises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, asamended, set forth in this Assurance.
B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above
Non-discrimination covenants, the recipient will have the right to terminate the (license, permits, etc., as
appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as
if said (license, permit, etc., as appropriate) had never been made or issued.*
C.With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the
recipient will there upon revert to and vest in and become the absolute property of the recipient and its
assigns.
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary
to make clear the purpose of Title VI.)
APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the “contractor”) agrees to comply with the following non-discrimination statutes and authorities, including, but not limited to:
Pertinent Non-Discrimination Authorities:
•Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on
the basis of race, color, national origin); and 49 CFR Part 21.
•The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601),
(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or
Federal-aid programs and projects);
•Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
•Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CR Part 27;
•The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the
basis of age);
•Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits
discrimination based on race, creed, color, national origin, or sex);
•The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of
Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the
Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of
the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such
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programs or activities are Federally funded or not);
•Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in
the operation of public entities, public and private transportation systems, places of public accommodation,
and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation
regulations 49 C.F.R. parts 37 and 38;
•The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
•Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-
Income Populations, which ensures discrimination against minority populations by discouraging programs,
policies, and activities with disproportionately high and adverse human health or environmental effects on
minority and low-income populations;
•Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and
resulting agency guidance, national origin discrimination includes discrimination because of limited English
proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP
persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
•Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating
because of sex in education programs or activities (20 U.S.C. 1681 et seq).
Federal Aid Project No: CPFCDSL 5308(025) Contract No. 4015
Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language
Page 19 of 21 October 2023
Federal Trainee Program Special Provisions (to be used when applicable)
14.FEDERAL TRAINEE PROGRAM
For the Federal training program, the number of trainees or apprentices is .
This section applies if a number of trainees or apprentices is shown on the Notice of Bidders.
As part of the prime contractor’s equal opportunity affirmative action program, provide on-the-job training todevelop full journeymen in the types of trades or job classifications involved.
The prime contractor has primary responsibility for meeting this training requirement.
If the prime contractor subcontracts a contract part, they shall determine how many trainees or apprentices are
to be trained by the subcontractor. Include these training requirements in each subcontract.
Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1st year ofapprenticeship or training.
Distribute the number of apprentices or trainees among the work classifications on the basis of the primecontractor’s needs and the availability of journeymen in the various classifications within a reasonable
recruitment area.
Before starting work, the prime contractor shall submit to the City/County of :
1.Number of apprentices or trainees to be trained for each classification
2.Training program to be used
3.Training starting date for each classification
The prime contractor shall obtain the City/County of approval for this submitted
information before the prime contractor starts work. The City/County of credits the prime contractor for each apprentice or trainee the prime contractor employs on the job who is currently enrolled
or becomes enrolled in an approved program.
The primary objective of this section is to train and upgrade minorities and women toward journeyman status.
The prime contractor shall make every effort to enroll minority and women apprentices or trainees, such as conducting systematic and direct recruitment through public and private sources likely to yield minority and
women apprentices or trainees, to the extent they are available within a reasonable recruitment area and show that they have made the efforts. In making these efforts, the prime contractor shall not discriminate against any
applicant for training.
The prime contractor shall not employ as an apprentice or trainee an employee:
1.In any classification in which the employee has successfully completed a training course leading tojourneyman status or in which the employee has been employed as a journeyman
2.Who is not registered in a program approved by the US Department of Labor, Bureau ofApprenticeship and Training
The prime contractor shall ask the employee if the employee has successfully completed a training course leading to journeyman status or has been employed as a journeyman. The prime contractor’s records must show
the employee's answers to the questions.
In the training program, the prime contractor shall establish the minimum length and training type for each
classification. The City/County of and FHWA approves a program if one of the following is met:
1.It is calculated to:
•Meet the equal employment opportunity responsibilities
•Qualify the average apprentice or trainee for journeyman status in the classification involved bythe end of the training period
2.It is registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, and it isadministered in a way consistent with the equal employment responsibilities of Federal-aid highwayconstruction contracts
Federal Aid Project No: CPFCDSL 5308(025) Contract No. 4015
Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language
Page 20 of 21 October 2023
The prime contractor shall obtain the State's approval for their training program before they start work involving the classification covered by the program.
The prime contractor shall provide training in the construction crafts, not in clerk-typist or secretarial-type positions. Training is allowed in lower-level management positions such as office engineers, estimators, and timekeepers if the training is oriented toward construction applications. Training is allowed in the laborer classification if significant and meaningful training is provided and approved by the division office. Off-site training is allowed if the training is an integral part of an approved training program and does not make up a significant part of the overall training.
The City/County of reimburses the prime contractor 80 cents per hour of training given an employee on this contract under an approved training program:
1.For on-site training
2.For off-site training if the apprentice or trainee is currently employed on a Federal-aid project andprime contractor does at least one of the following:
a.Contribute to the cost of the trainingb.Provide the instruction to the apprentice or traineec.Pay the apprentice's or trainee's wages during the off-site training period
3.If the prime contractor complies with this section.
Each apprentice or trainee must:
1.Begin training on the project as soon as feasible after the start of work involving the apprentice's ortrainee's skill
2.Remain on the project as long as training opportunities exist in the apprentice's or trainee's workclassification or until the apprentice or trainee has completed the training program
Furnish the apprentice or trainee a:
1.Copy of the training plan approved by the U.S, Department of Labor or a training plan for traineesapproved by both Caltrans and FHWA
2.Certification showing the type and length of training satisfactorily completed
Maintain records and submit reports documenting contractor’s performance under this section.
15.PROHIBITION OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT ANDSERVICES
In response to significant national security concerns, the agency shall check the prohibited vendor list before making any telecommunications and video surveillance purchase because recipients and subrecipients of federal funds are prohibited from obligating or expending loan or grant funds to:
•Procure or obtain;
•Extend or renew a contract to procure or obtain; or
•Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, orsystems that uses covered telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system.
The prohibited vendors (and their subsidiaries or affiliates) are:
•Huawei Technologies Company;
•ZTE Corporation;
•Hytera Communications Corporation;
•Hangzhou Hikvision Digital Technology Company;
•Dahua Technology Company; and
•Subsidiaries or affiliates of the above-mentioned companies.
Federal Aid Project No: CPFCDSL 5308(025) Contract No. 4015
Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language
Page 21 of 21 October 2023
In implementing the prohibition, the agency administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.
The contractors should furnish telecommunications and video surveillance equipment with a certificate of compliance. The certificate must state telecommunications and video surveillance equipment was not procured or obtained from manufacturers identified in the above list.
Federal Aid Project No: CPFCDSL 5308(025) Contract No. 4015
Amount Subcontracted DIR Reg Number
A
A
A
A
A
A
A
A
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Local Assistance Procedures Manual Exhibit 12-B Bidder’s List of Subcontractors (DBE and Non-DBE)
Exhibit 12-B: Bidder’s List of Subcontractor (DBE and Non-DBE) -Part 1
As of March 1, 2015 Contractors (and sub-contractors) wishing to bid on public works contracts must be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts. Please register at https://www.dir.ca.gov/Public-Works/Contractor-
Registration.html. The local agency will verify registration of all contractors and subcontractors on public works projects at bid and thereafter annually to assure that yearly registration is maintained throughout the life of the project.
In accordance with Title 49, Section 26.11 of the Code of Federal Regulations, and Section 4104 of the Public Contract Code of the State of California, as amended, the following information is required for each sub-contractor who will perform work amounting to more than one half of one percent (0.5%)
of the Total Base Bid or $10,000 (whichever is greater).
FEDERAL PROJECT NUMBER: Photocopy this form for additional firms.
Subcontractor Name & Location Line Item & Description Subcontract Percentage ofBid Item Contractor License Number DBE (Y/N) DBE Cert Number Annual Gross Receipts
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
ge of Firm in years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
ge of Firm in years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
ge of Firm in years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
ge of Firm in years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
ge of Firm in years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
ge of Firm in years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
ge of Firm in years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
ge of Firm in years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
Age of Firm in years
Distribution – Original: Local Agency File; Copy: DLAE w/Award Package
Page 1 of 2
September 2021 Federal Aid Project No: CPFCDSL 5308(025) Contract No. 4015
Ag
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Local Assistance Procedures Manual Exhibit 12-B Bidder’s List of Subcontractors (DBE and Non-DBE)
Exhibit 12-B: Bidder’s List of Subcontractor (DBE and Non-DBE) - Part 2
In accordance with Title 49, Section 26 of the Code of Federal Regulations, the Bidder shall list all subcontractors who provided a quote or bid but were not selected to participate as a subcontractor on this project.
FEDERAL PROJECT NUMBER: Photocopy this form for additional firms.
Subcontractor Name & Location Line Item & Description Subcontract Amount Percentage ofBid Item Subcontracted
Contractor License Number DBE (Y/N) DBE Cert Number Annual Gross Receipts
DIR Reg Number
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
e of Firm in years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
e of Firm in years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
e of Firm in years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
e of Firm in years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
e of Firm in years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
e of Firm in years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
e of Firm in years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
e of Firm in years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
Age of Firm in years
Distribution – Original: Local Agency File; Copy: DLAE w/Award Package
Page 2 of 2
September 2021 Federal Aid Project No: CPFCDSL 5308(025) Contract No. 4015
Local Assistance Procedures Manual Exhibit 12-H Sample Bid
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder_________________________________________________________________, proposed subcontractor
_______________________________________________, hereby certifies that he has ___ , has not , participated in
a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or
11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal
Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on
Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are
exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.
Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the
award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.
LPP 18-01 Page 6 of 22 January 2019 Federal Aid Project No: CPFCDSL 5308(025) Contract No. 4015
Local Assistance Procedures Manual Exhibit 12-H Sample Bid
DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated
therewith in the capacity of owner, partner, director, officer, manager:
•is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any
Federal agency;
•has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency
within the past 3 years;
•does not have a proposed debarment pending; and
•has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent
jurisdiction in any matter involving fraud or official misconduct within the past 3 years.
If there are any exceptions to this certification, insert the exceptions in the following space.
Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.
Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification.
LPP 18-01 Page 10 of 22 January 2019
Federal Aid Project No: CPFCDSL 5308(025) Contract No. 4015
Local Assistance Procedures Manual Exhibit 12-H Sample Bid
NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and
belief, that:
(l)No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
(2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of
Lobbying Activities," in conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section
1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language
of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall
certify and disclose accordingly.
LPP 18-01 Page 11 of 22 January 2019 Federal Aid Project No: CPFCDSL 5308(025) Contract No. 4015
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Local Assistance Procedures Manual Exhibit 12-H Sample Bid
DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
1.Type of Federal Action:2.Status of Federal Action:3.Report Type:
a. contract a. bid/offer/application a. initial
b. grant b. initial award b. material changec. cooperative agreement c. post-awardd. loan For Material Change Only: e. loan guarantee year _____ quarter _________ f. loan insurance date of last report __________
4.Name and Address of Reporting Entity 5.If Reporting Entity in No. 4 is Subawardee,Enter Name and Address of Prime:
Prime Subawardee
Tier_______ , if known
Congressional District, if known Congressional District, if known
6.Federal Department/Agency:7.Federal Program Name/Description:
CFDA Number, if applicable ___________________
8.Federal Action Number, if known:9.Award Amount, if known:
10.a. Name and Address of Lobby Entity b.Individuals Performing Services (including(If individual, last name, first name, MI) address if different from No. 10a)(last name, first name, MI)
(attach Continuation Sheet(s) if necessary)
11.Amount of Payment (check all that apply)13.Type of Payment (check all that apply)
$_____________ actual planned a. retainer
b. one-time fee
12.Form of Payment (check all that apply):c. commission
a. cash d. contingent fee
b. in-kind; specify: nature______________ e deferred
value _____________ f.other, specify _________________________
14.Brief Description of Services Performed or to be performed and Date(s) of Service, includingofficer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11:
(attach Continuation Sheet(s) if necessary)
15.Continuation Sheet(s) attached:Yes No
16.Information requested through this form is authorized byTitle 31 U.S.C. Section 1352. This disclosure of lobbyingreliance was placed by the tier above when his transactionwas made or entered into. This disclosure is requiredpursuant to 31 U.S.C. 1352. This information will bereported to Congress semiannually and will be available forpublic inspection. Any person who fails to file the requireddisclosure shall be subject to a civil penalty of not less than$10,000 and not more than $100,000 for each such failure.
Signature:________________________________________
Print Name: ______________________________________
Title:____________________________________________
Telephone No.:_____________________ Date: __________
Authorized for Local Reproduction Federal Use Only: Standard Form -LLL
LPP 18-01 Page 12 of 22 January 2019 Federal Aid Project No: CPFCDSL 5308(025) Contract No. 4015
Local Assistance Procedures Manual Exhibit 12-H Sample Bid
INSTRUCTIONS FOR COMPLETION OF SF-LLL,
DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or
receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352. The filing of a
form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of
Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the
form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing
guidance published by the Office of Management and Budget for additional information.
1.Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the
outcome of a covered Federal action.
2.Identify the status of the covered Federal action.
3.Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the
information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last,
previously submitted report by this reporting entity for this covered Federal action.
4.Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known.
Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward
recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include
but are not limited to subcontracts, subgrants and contract awards under grants.
5.If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state and zip
code of the prime Federal recipient. Include Congressional District, if known.
6.Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level
below agency name, if known. For example, Department of Transportation, United States Coast Guard.
7.Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of
Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.
8.Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g.,
Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or
loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g.,
"RFP-DE-90-001."
9.For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal
amount of the award/loan commitments for the prime entity identified in item 4 or 5.
10.(a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in
item 4 to influenced the covered Federal action.
(b)Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter
Last Name, First Name and Middle Initial (Ml).
11.Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying
entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that
apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made.
12.Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution, specify the
nature and value of the in-kind payment.
13.Check the appropriate box. Check all boxes that apply. If other, specify nature.
14.Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform
and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact
with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s)
of Congress that were contacted.
15.Check whether or not a continuation sheet(s) is attached.
16.The certifying official shall sign and date the form, print his/her name title and telephone number.
Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for
reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the
collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information,
including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project
(0348-0046), Washington, D.C. 20503. SF-LLL-Instructions Rev. 06-04-90«ENDIF»
LPP 18-01 Page 13 of 22 January 2019 Federal Aid Project No: CPFCDSL 5308(025) Contract No. 4015
Local Assistance Procedures Manual Exhibit 12-H Sample Bid
Insert completed
[Exhibit 15-G Local Agency Bidder DBE Commitment (Construction Contracts)] here.
Insert completed [Exhibit 15-H DBE Information —Good Faith Efforts]
here.
Attach [RAILROAD AGREEMENT] (if required)
LPP 18-01 Page 16 of 22 January 2019 Federal Aid Project No: CPFCDSL 5308(025) Contract No. 4015
Local Assistance Procedures Manual Exhibit 15-G Construction Contract DBE Commitment
Exhibit 15-G: Construction Contract DBE Commitment
1.Local Agency:2.Contract DBE Goal:
3.Project Description:
4.Project Location:
6.Prime Certified DBE: 7. Bid Amount:5.Bidder's Name:
8.Total Dollar Amount for ALL Subcontractors:9.Total Number of ALL Subcontractors:
10. BidItemNumber
11. Description of Work, Service, orMaterials Supplied
12. NAICS orWork Category Codes
13.DBECertification Number
14.DBE Contact Information(Must be certified on the date bids are opened)
15. DBEDollarAmount
Local Agency to Complete this Section upon Execution of Award 16. TOTAL CLAIMED DBE PARTICIPATION
22. Local Agency Contract Number:
23. Federal-Aid Project Number:%24. Bid Opening Date:
25. Contract Award Date:IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Names of the First Tier DBE Subcontractors and their respective item(s) of work listed above must be consistent, where applicable with the names and items of the work in the "Subcontractor List" submitted with your bid. Written confirmation of each listed DBE is required.
26. Award Amount:
Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate.
27. Local Agency Representative’s Signature 28. Date
29. Local Agency Representative’s Name 30. Phone
31. Local Agency Representative’s Title
17. Preparer’s Signature 18. Date
19. Preparer’s Name 20. Phone
21. Preparer’s Title
DISTRIBUTION: 1. Original – Local Agency 2.Copy – Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract executionmay result in de-obligation of federal funds on contract.3.Include additional copy with award package.
Page 1 of 2 January 2023 Federal Aid Project No: CPFCDSL 5308(025) Contract No. 4015
Local Assistance Procedures Manual Exhibit 15-G Construction Contract DBE Commitment
INSTRUCTIONS – CONSTRUCTION CONTRACT DBE COMMITMENT
CONTRACTOR SECTION
1.Local Agency -Enter the name of the local agency that is administering the contract.2.Contract DBE Goal -Enter the contract DBE goal percentage as it appears on the project advertisement.3.Project Description -Enter the project description as it appears on the project advertisement (Bridge Rehab,Seismic Rehab, Overlay, Widening, etc).4.Project Location -Enter the project location(s) as it appears on the project advertisement.5.Bidder’s Name -Enter the contractor’s firm name.6.Prime Certified DBE -Check box if prime contractor is a certified DBE.7.Bid Amount -Enter the total contract bid dollar amount for the prime contractor.8.Total Dollar Amount for ALL Subcontractors – Enter the total dollar amount for all subcontracted contractors.SUM = (DBEs + all Non-DBEs). Do not include the prime contractor information in this count.9.Total number of ALL subcontractors – Enter the total number of all subcontracted contractors. SUM = (DBEs + allNon-DBEs). Do not include the prime contractor information in this count.10.Bid Item Number -Enter bid item number for work, services, or materials supplied to be provided.11.Description of Work, Services, or Materials Supplied -Enter description of work, services, or materials to beprovided. Indicate all work to be performed by DBEs including work performed by the prime contractor’s own forces, ifthe prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to beperformed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.12.NAICS or Work Category Codes -Enter NAICS or Work Category Codes from the California Unified CertificationProgram database.13.DBE Certification Number -Enter the DBE’s Certification Identification Number. All DBEs must be certified on thedate bids are opened.14.DBE Contact Information -Enter the name, address, and phone number of all DBE subcontracted contractors.Also, enter the prime contractor’s name and phone number, if the prime is a DBE.15.DBE Dollar Amount -Enter the subcontracted dollar amount of the work to be performed or service to be provided.Include the prime contractor if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.16.Total Claimed DBE Participation -$: Enter the total dollar amounts entered in the “DBE Dollar Amount” column.%: Enter the total DBE participation claimed (“Total Claimed DBE Participation Dollars” divided by item “Bid Amount”). Ifthe total % claimed is less than item “Contract DBE Goal,” an adequately documented Good Faith Effort (GFE) isrequired (see Exhibit 15-H DBE Information -Good Faith Efforts of the LAPM).17.Preparer’s Signature -The person completing the DBE commitment form on behalf of the contractor’s firm mustsign their name.18.Date -Enter the date the DBE commitment form is signed by the contractor’s preparer.19.Preparer’s Name -Enter the name of the person preparing and signing the contractor’s DBE commitment form.20.Phone -Enter the area code and phone number of the person signing the contractor’s DBE commitment form.21.Preparer’s Title -Enter the position/title of the person signing the contractor’s DBE commitment form.
LOCAL AGENCY SECTION
22.Local Agency Contract Number -Enter the Local Agency contract number or identifier.23.Federal-Aid Project Number -Enter the Federal-Aid Project Number(s).24.Bid Opening Date -Enter the date contract bids were opened.25.Contract Award Date -Enter the date the contract was executed.26.Award Amount – Enter the contract award amount as stated in the executed contract.27.Local Agency Representative’s Signature -The person completing this section of the form for the Local Agencymust sign their name to certify that the information in this and the Contractor Section of this form is complete andaccurate.28.Date -Enter the date the DBE commitment form is signed by the Local Agency Representative.29.Local Agency Representative’s Name -Enter the name of the Local Agency Representative certifying thecontractor’s DBE commitment form.30.Phone -Enter the area code and phone number of the person signing the contractor’s DBE commitment form.31.Local Agency Representative Title -Enter the position/title of the Local Agency Representative certifying thecontractor’s DBE commitment form.
Page 2 of 2 January 2023 Federal Aid Project No: CPFCDSL 5308(025) Contract No. 4015
Local Assistance Procedures Manual Exhibit 15-H Proposer/Contractor Good Faith Effort
EXHIBIT 15-H: PROPOSER/CONTRACTOR GOOD FAITH EFFORTS
Cost Proposal Due Date ___________________ PE/CE
Federal-aid Project No(s). _____________________ Bid Opening Date ___________________ CON
The established a Disadvantaged Business Enterprise (DBE) goal of
______ for this contract. The information provided herein shows the required good faith efforts to meet or exceed the DBE contract goal.
Proposers or bidders submit the following information to document their good faith efforts within five (5) calendar days from cost proposal due date or bid opening. Proposers and bidders are recommended to submit the following information even if the Exhibit 10-O1: Consultant Proposal DBE Commitments or Exhibit 15-G:
Construction Contract DBE Commitment indicate that the proposer or bidder has met the DBE goal. This form protects the proposer’s or bidder’s eligibility for award of the contract if the administering agency determines that
the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error.
The following items are listed in the Section entitled “Submission of DBE Commitment” of the Special Provisions, please attach additional sheets as needed:
A.The names and dates of each publication in which a request for DBE participation for this
project was placed by the bidder (please attach copies of advertisements or proofs ofpublication):
Publications Dates of Advertisement
B.The names and dates of written notices sent to certified DBEs soliciting bids for this project and
the dates and methods used for following up initial solicitations to determine with certainty whether theDBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.):
Names of DBEs Solicited Date of Initial Solicitation Follow Up Methods and Dates
Page 1 of 3 May 2020 Federal Aid Project No: CPFCDSL 5308(025) Contract No. 4015
Local Assistance Procedures Manual Exhibit 15-H Proposer/Contractor Good Faith Effort
C.The items of work made available to DBE firms including those unbundled contract work items
into economically feasible units to facilitate DBE participation. It is the bidder's responsibility todemonstrate that sufficient work to facilitate DBE participation in order to meet or exceed the DBEcontract goal.
Items of Proposer or Bidder Breakdown of Amount Percentage
Work Normally Performs Item Items ($) Of (Y/N) Contract
D.The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's
rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms
involved), and the price difference for each DBE if the selected firm is not a DBE:
Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of
the DBEs:
Names, addresses and phone numbers of firms selected for the work above:
E.Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining
information related to the plans, specifications and requirements for the work which was
provided to DBEs:
Page 2 of 3 May 2020 Federal Aid Project No: CPFCDSL 5308(025) Contract No. 4015
Local Assistance Procedures Manual Exhibit 15-H Proposer/Contractor Good Faith Effort
F.Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining
bonding, lines of credit or insurance, necessary equipment, supplies, materials, or related assistance orservices, excluding supplies and equipment the DBE subcontractor purchases or leases from the primecontractor or its affiliate:
G.The names of agencies, organizations or groups contacted to provide assistance in contacting,
recruiting and using DBE firms (please attach copies of requests to agencies and any responsesreceived, i.e., lists, Internet page download, etc.):
Name of Agency/Organization Method/Date of Contact Results
H.Any additional data to support a demonstration of good faith efforts:
Page 3 of 3 May 2020 Federal Aid Project No: CPFCDSL 5308(025) Contract No. 4015
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 175
Appendix C
FHWA 1273
FHWA-1273 – Revised October 23, 2023
REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS
I.GeneralII.NondiscriminationIII.Non-segregated FacilitiesIV.Davis-Bacon and Related Act ProvisionsV.Contract Work Hours and Safety Standards ActProvisionsVI.Subletting or Assigning the ContractVII.Safety: Accident PreventionVIII.False Statements Concerning Highway ProjectsIX.Implementation of Clean Air Act and Federal WaterPollution Control ActX.Certification Regarding Debarment, Suspension,Ineligibility and Voluntary ExclusionXI.Certification Regarding Use of Contract Funds forLobbyingXII. Use of United States-Flag Vessels:
ATTACHMENTS
A. Employment and Materials Preference for AppalachianDevelopment Highway System or Appalachian Local AccessRoad Contracts (included in Appalachian contracts only)
I. GENERAL
1.Form FHWA-1273 must be physically incorporated in eachconstruction contract funded under title 23, United StatesCode, as required in 23 CFR 633.102(b) (excludingemergency contracts solely intended for debris removal). Thecontractor (or subcontractor) must insert this form in eachsubcontract and further require its inclusion in all lower tiersubcontracts (excluding purchase orders, rental agreementsand other agreements for supplies or services). 23 CFR633.102(e).
The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 CFR 633.102(e).
Form FHWA-1273 must be included in all Federal-aid design-build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102. The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.
Contracting agencies may reference Form FHWA-1273 in solicitation-for-bids or request-for-proposals documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b).
2. Subject to the applicability criteria noted in the followingsections, these contract provisions shall apply to all work
performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d).
3. A breach of any of the stipulations contained in theseRequired Contract Provisions may be sufficient grounds forwithholding of progress payments, withholding of finalpayment, termination of the contract, suspension / debarmentor any other action determined to be appropriate by thecontracting agency and FHWA.
4. Selection of Labor: During the performance of this contract,the contractor shall not use convict labor for any purposewithin the limits of a construction project on a Federal-aidhighway unless it is labor performed by convicts who are onparole, supervised release, or probation. 23 U.S.C. 114(b).The term Federal-aid highway does not include roadwaysfunctionally classified as local roads or rural minor collectors.23 U.S.C. 101(a).
II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part230, Subpart A, Appendix A; EO 11246)
The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.
In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements.
Federal Aid Project No: CPFCDSL 5308(025)1
1.Equal Employment Opportunity: Equal EmploymentOpportunity (EEO) requirements not to discriminate and totake affirmative action to assure equal opportunity as set forthunder laws, executive orders, rules, regulations (see 28 CFRPart 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFRPart 60 and 49 CFR Part 27) and orders of the Secretary ofLabor as modified by the provisions prescribed herein, andimposed pursuant to 23 U.S.C. 140, shall constitute the EEOand specific affirmative action standards for the contractor'sproject activities under this contract. The provisions of theAmericans with Disabilities Act of 1990 (42 U.S.C. 12101 etseq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630are incorporated by reference in this contract. In the executionof this contract, the contractor agrees to comply with thefollowing minimum specific requirement activities of EEO:
a. The contractor will work with the contracting agency andthe Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5).
b. The contractor will accept as its operating policy thefollowing statement:
"It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training."
2.EEO Officer: The contractor will designate and makeknown to the contracting officers an EEO Officer who will havethe responsibility for and must be capable of effectivelyadministering and promoting an active EEO program and whomust be assigned adequate authority and responsibility to doso.
3. Dissemination of Policy: All members of the contractor'sstaff who are authorized to hire, supervise, promote, anddischarge employees, or who recommend such action or aresubstantially involved in such action, will be made fullycognizant of and will implement the contractor's EEO policyand contractual responsibilities to provide EEO in each gradeand classification of employment. To ensure that the aboveagreement will be met, the following actions will be taken as aminimum:
a. Periodic meetings of supervisory and personnel officeemployees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official.
b. All new supervisory or personnel office employees will begiven a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment forthe project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women.
d. Notices and posters setting forth the contractor's EEOpolicy will be placed in areas readily accessible to employees, applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures toimplement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means.
4.Recruitment: When advertising for employees, thecontractor will include in all advertisements for employees thenotation: "An Equal Opportunity Employer." All suchadvertisements will be placed in publications having a largecirculation among minorities and women in the area fromwhich the project work force would normally be derived.
a. The contractor will, unless precluded by a validbargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration.
b. In the event the contractor has a valid bargainingagreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions.
c.The contractor will encourage its present employees torefer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, andemployee benefits shall be established and administered, andpersonnel actions of every type, including hiring, upgrading,promotion, transfer, demotion, layoff, and termination, shall betaken without regard to race, color, religion, sex, sexualorientation, gender identity, national origin, age or disability.The following procedures shall be followed:
a. The contractor will conduct periodic inspections of projectsites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel.
b. The contractor will periodically evaluate the spread ofwages paid within each classification to determine any evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnelactions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints ofalleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action
Federal Aid Project No: CPFCDSL 5308(025)2
within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.
6.Training and Promotion:
a. The contractor will assist in locating, qualifying, andincreasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved.
b. Consistent with the contractor's work force requirementsand as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a).
c.The contractor will advise employees and applicants foremployment of available training programs and entrance requirements for each.
d. The contractor will periodically review the training andpromotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.
7. Unions: If the contractor relies in whole or in part uponunions as a source of employees, the contractor will use goodfaith efforts to obtain the cooperation of such unions toincrease opportunities for minorities and women. 23 CFR230.409. Actions by the contractor, either directly or through acontractor's association acting as agent, will include theprocedures set forth below:
a. The contractor will use good faith efforts to develop, incooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate anEEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability.
c.The contractor is to obtain information as to the referralpractices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractorwith a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide
sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency.
8. Reasonable Accommodation for Applicants /Employees with Disabilities: The contractor must be familiarwith the requirements for and comply with the Americans withDisabilities Act and all rules and regulations establishedthereunder. Employers must provide reasonableaccommodation in all employment activities unless to do sowould cause an undue hardship.
9. Selection of Subcontractors, Procurement of Materialsand Leasing of Equipment: The contractor shall notdiscriminate on the grounds of race, color, religion, sex, sexualorientation, gender identity, national origin, age, or disability inthe selection and retention of subcontractors, includingprocurement of materials and leases of equipment. Thecontractor shall take all necessary and reasonable steps toensure nondiscrimination in the administration of this contract.
a. The contractor shall notify all potential subcontractors,suppliers, and lessors of their EEO obligations under this contract.
b. The contractor will use good faith efforts to ensuresubcontractor compliance with their EEO obligations.
10.Assurances Required:
a.The requirements of 49 CFR Part 26 and the StateDOT’s FHWA-approved Disadvantaged Business Enterprise (DBE) program are incorporated by reference.
b.The contractor, subrecipient or subcontractor shall notdiscriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: (1)Withholding monthly progress payments;(2)Assessing sanctions;(3)Liquidated damages; and/or(4)Disqualifying the contractor from future bidding as non-responsible. c.The Title VI and nondiscrimination provisions of U.S.DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21.
11. Records and Reports: The contractor shall keep suchrecords as necessary to document compliance with the EEOrequirements. Such records shall be retained for a period ofthree years following the date of the final payment to thecontractor for all contract work and shall be available atreasonable times and places for inspection by authorizedrepresentatives of the contracting agency and the FHWA.
a. The records kept by the contractor shall document thefollowing:
Federal Aid Project No: CPFCDSL 5308(025)3
(1)The number and work hours of minority and non-minority group members and women employed in each work classification on the project;
(2)The progress and efforts being made in cooperationwith unions, when applicable, to increase employment opportunities for minorities and women; and
(3)The progress and efforts being made in locating, hiring,training, qualifying, and upgrading minorities and women.
b. The contractors and subcontractors will submit an annualreport to the contracting agency each July for the duration of the project indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5.
As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101. Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway
Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167.
The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA-1273 format and FHWA program requirements.
1. Minimum wages (29 CFR 5.5)
a.Wage rates and fringe benefits. All laborers andmechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in paragraphs (d) and (e) of 29 CFR 5.5, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.e. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph 4. of this section. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph 1.c. of this section) and the Davis-Bacon poster (WH–1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
b.Frequently recurring classifications. (1) In addition to wageand fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to paragraph 1.c. of this section, provided that:
(i)The work performed by the classification is notperformed by a classification in the wage determination for which a prevailing wage rate has been determined;
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(ii) The classification is used in the area by the construction industry; and
(iii) The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination.
(2) The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c.(1)(iii) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification.
c. Conformance. (1) The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be classified in conformance with the wage determination. Conformance of an additional classification and wage rate and fringe benefits is appropriate only when the following criteria have been met:
(i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(ii) The classification is used in the area by the construction industry; and
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(2) The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications listed in the wage determination.
(3) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to DBAconformance@dol.gov. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
(4) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to DBAconformance@dol.gov, refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
(5) The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division
under paragraphs 1.c.(3) and (4) of this section. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 1.c.(3) or (4) of this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
d. Fringe benefits not expressed as an hourly rate. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof.
e. Unfunded plans. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in § 5.28, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
f. Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages.
2. Withholding (29 CFR 5.5)
a. Withholding requirements. The contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in this section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in paragraph 3.d. of this section, the contracting agency may on its own initiative and after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph
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2.a. of this section or Section V, paragraph 3.a., or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901–3907.
3. Records and certified payrolls (29 CFR 5.5)
a. Basic record requirements (1) Length of record retention. All regular payrolls and other basic records must be maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed.
(2) Information required. Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid.
(3) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph 1.e. of this section that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.
(4) Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs.
b. Certified payroll requirements (1) Frequency and method of submission. The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Acts-covered work is performed, certified payrolls to the contracting
agency. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system.
(2) Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2) of this section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker ( e.g., the last four digits of the worker's Social Security number). The required weekly certified payroll information may be submitted using Optional Form WH–347 or in any other format desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division website at https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/wh347/.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the contracting agency.
(3) Statement of Compliance. Each certified payroll submitted must be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following:
(i) That the certified payroll for the payroll period contains the information required to be provided under paragraph 3.b. of this section, the appropriate information and basic records are being maintained under paragraph 3.a. of this section, and such information and records are correct and complete;
(ii) That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR part 3; and
(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually performed, as specified in the applicable wage determination incorporated into the contract.
(4) Use of Optional Form WH–347. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH–347 will satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(3) of this section.
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(5) Signature. The signature by the contractor, subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature.
(6) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729.
(7) Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
c. Contracts, subcontracts, and related documents. The contractor or subcontractor must maintain this contract or subcontract and related documents including, without limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
d. Required disclosures and access (1) Required record disclosures and access to workers. The contractor or subcontractor must make the records required under paragraphs 3.a. through 3.c. of this section, and any other documents that the contracting agency, the State DOT, the FHWA, or the Department of Labor deems necessary to determine compliance with the labor standards provisions of any of the applicable statutes referenced by § 5.1, available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and must permit such representatives to interview workers during working hours on the job.
(2) Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to § 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the contractor or person for an extension of the time for submission of records. WHD will determine the reasonableness of the request and may consider, among other things, the location of the records and the volume of production.
(3) Required information disclosures. Contractors and subcontractors must maintain the full Social Security number and last known address, telephone number, and email address
of each covered worker, and must provide them upon request to the contracting agency, the State DOT, the FHWA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action.
4. Apprentices and equal employment opportunity (29 CFR 5.5)
a. Apprentices (1) Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(2) Fringe benefits. Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that determination.
(3) Apprenticeship ratio. The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to paragraph 4.a.(4) of this section. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph 4.a.(1) of this section, must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage determination for the work actually performed.
(4) Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker's hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed.
b. Equal employment opportunity. The use of apprentices and journeyworkers under this part must be in conformity with
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the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
c. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeyworkers shall not be greater than permitted by the terms of the particular program.
5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5.
6. Subcontracts. The contractor or subcontractor must insert FHWA-1273 in any subcontracts, along with the applicable wage determination(s) and such other clauses or contract modifications as the contracting agency may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate. 29 CFR 5.5.
7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR 5.5.
9. Disputes concerning labor standards. As provided in 29 CFR 5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.
10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
c. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001.
11. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; or
d. Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR part 1 or 3.
V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchpersons and guards.
1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR 5.5.
2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1. of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or
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mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph 1. of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1. of this section.
* $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may be adjusted annually by the Department of Labor, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990.
3. Withholding for unpaid wages and liquidated damages
a. Withholding process. The FHWA or the contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in this section on this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld.
b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with Section IV paragraph 2.a. or paragraph 3.a. of this section, or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901–3907.
4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs 1. through 5. of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1. through 5. In the
event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate.
5. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in this part;
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part;
c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or
d. Informing any other person about their rights under CWHSSA or this part.
VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal-aid construction contracts on the National Highway System pursuant to 23 CFR 635.116. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (based on longstanding interpretation) (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees;
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(3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102. 2. Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on long-standing interpretation of 23 CFR 635.116). 5. The 30-percent self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. 23 CFR 635.116(d). VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and
health standards (29 CFR Part 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 29 CFR 1926.10. 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 11, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both."
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IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2 CFR 200.88; EO 11738) This provision is applicable to all Federal-aid construction contracts in excess of $150,000 and to all related subcontracts. 48 CFR 2.101; 2 CFR 200.327. By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II. The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.327. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and 1200.220. 1. Instructions for Certification – First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. 2 CFR 180.325. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 2 CFR 180.345 and 180.350.
e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 180.300. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/). 2 CFR 180.300, 180.320, and 180.325. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325. * * * * *
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2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.335;. (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification, 2 CFR 180.700 and 180.800; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d). (5) Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and (6) Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements). b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340. * * * * * 3. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220. a. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which
this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 2 CFR 1200.220 and 1200.332. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration. 2 CFR 180.300, 180.320, 180.330, and 180.335. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily
Federal Aid Project No: CPFCDSL 5308(025)12
excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325. * * * * * 4. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants: a. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals: (1) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.355; (2) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and (3) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act requirements) b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. * * * * * XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000. 49 CFR Part 20, App. A. 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. XII. USE OF UNITED STATES-FLAG VESSELS: This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381. This requirement applies to material or equipment that is acquired for a specific Federal-aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract. When oceanic shipments (or shipments across the Great Lakes) are necessary for materials or equipment acquired for a specific Federal-aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees: 1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 46 CFR 381.7. 2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Office of Cargo and Commercial Sealift (MAR-620), Maritime Administration, Washington, DC 20590. (MARAD requires copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7.
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ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B) This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work.
Federal Aid Project No: CPFCDSL 5308(025)14
CPFCD SL 5308(027) – Barrio Street Lighting Contract No. 4013 Page 176
Appendix D
CARB Fleet Compliance Certification
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PLOTTED BY: Andy Chang PLOT DATE: 6/2/2025 PATH: J:\AC_Customers\Brandon_Miles\LocationMaps\4013_Barrio_Lighting\BarrioLighting_06-02-25.mxd
PROJECT NAME EXHIBITPROJECTNUMBER40133BARRIO STREET LIGHTING PHASE II
LOCATION MAP
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CARLSBAD
VISTA
SAN MARCOS
ENCINITAS
OCEANSIDE
!.BARRIO PEDLIGHT
SITE
Exhibit 3
July 15, 2025 Item #7 Page 10 of 11
Docusign Envelope ID: BE740251-6484-477D-B5D0-6E9187B580C5
Exhibit 4
Minutes from Feb. 3, 2025, Traffic Safety &
Mobility Commission meeting
(on file in the Office of the City Clerk)
July 15, 2025 Item #7 Page 11 of 11
Docusign Envelope ID: BE740251-6484-477D-B5D0-6E9187B580C5