HomeMy WebLinkAbout2019-03-26; City Council; Resolution 2019-042RESOLUTION NO. 2019-042
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING THE PLANS AND SPECIFICATIONS AND
AUTHORIZING THE CITY CLERK TO ADVERTISE FOR BIDS FOR THE STREET
LIGHTING REPLACEMENT PROGRAM PHASE I, CAPITAL IMPROVEMENT
PROGRAM (CIP) PROJECT NO. 6062.
Exhibit 1
WHEREAS, the City Council of the City of Carlsbad, California, has determined it necessary,
desirable and in the public interest to upgrade the citywide street lighting system by replacing the existing
street lighting fixtures; and
WHEREAS, Phase I of the citywide programmatic replacement includes replacement of all safety
lights at signalized intersections and cobra-head style street lights on all arterial streets,
employment/transit connector streets, arterial connector streets, and Carlsbad Boulevard as identified in
the city's mobility element ofthe General Plan; and
WHEREAS, the plans and specifications and contract documents for Phase I of the citywide
replacement program have been prepared and are on file with the City Clerk of the City of Carlsbad and
are incorporated herein by reference; and
WHEREAS, there are sufficient funds available to complete Phase I ofthis program; and
WHEREAS, this Project is exempt from the California Environmental Quality Act (CEQA) per
State CEQA Guidelines Section 15301(d)-restoration or rehabilitation of existing deteriorated or damaged
structures to meet current standards of public health and safety that involve negligible or no expansion.
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 plans, specifications and contract documents for the Street Light Replacement
Program Phase I, CIP Project No. 6062, on file with the City Clerk are hereby approved.
3. The city clerk of the City of Carlsbad is hereby authorized and directed to publish, in
accordance with state law, a notice to contractors inviting bids for construction of the
Project, in accordance with the plans, specifications and contract documents referred
to herein.
March 26, 2019 Item #6 Page 4 of 58
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 26th day of March 2019, by the following vote, to wit:
AYES:
NOES:
ABSENT:
Hall, Blackburn, Bhat-Patel, Schumacher, Hamilton.
None.
None.
MATT HALL, Mayor
(SEAL)
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March 26, 2019 Item #6 Page 5 of 58
Revised 6/12/18 Contract No. 6062 Page 1 of 51
CITY OF CARLSBAD
San Diego County
California
CONTRACT DOCUMENTS, SPECIAL
PROVISIONS AND TECHNICAL
SPECIFICATIONS
FOR
Street Lighting Replacement
Program – Phase 1
CONTRACT NO. 6062
BID NO. PWS19-724GS
Exhibit 2
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Revised 6/12/18 Contract No. 6062 Page 2 of 51
TABLE OF CONTENTS
Item Page Notice Inviting Bids .................................................................................................................. 3 Contractor's Proposal ............................................................................................................... 8
Major Equipment List ………………………………………………………………………………….. 12
Bid Security Form .................................................................................................................... 14 Bidder’s Bond to Accompany Proposal .................................................................................... 15
Guide for Completing the “Designation of Subcontractors” Form ............................................. 16 Designation of Subcontractor and Amount of Subcontractor’s Bid Items ................................. 18 Bidder's Statement of Technical Ability and Experience ........................................................... 19 Bidder’s Certificate of Insurance for General Liability, Employers’ Liability, Automotive Liability and Workers’ Compensation ....................................................................................... 20 Bidder’s Statement Re Debarment ........................................................................................... 21 Bidder's Disclosure of Discipline Record …………………………………………… ..................... 22
Noncollusion Declaration to Be Executed by Bidder and Submitted with Bid ............................ 24 Contract Public Works .............................................................................................................. 25
Labor and Materials Bond ........................................................................................................ 31
Faithful Performance/Warranty Bond ....................................................................................... 33 Optional Escrow Agreement for Surety Deposits in Lieu of Retention ...................................... 35 Special Provisions………………………………………………….………………………………….. 38 Part 7 Street Lighting & Traffic Signal Systems…………………………………………………….. 46 Exhibits………………………………………………………………………………………………….. 51
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CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Until 11a.m. on April 30, 2019, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail,
delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: Remove and salvage or recycle existing induc-tion street lights and replace with new LED street lighting fixtures. STREET LIGHT REPLACEMENT PROGRAM – PHASE 1 CONTRACT NO. 6062 BID NO. PWS19-724GS INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS
This bid and the terms of the Contract Documents and 2018 edition of the Standard Specifications for Public Works Construction “Greenbook” by reference, 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. 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 Con-tract. 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 ap-
proved by the City Council of the City of Carlsbad on file with the City Clerk’s office located at 1200 Carlsbad Village Drive, Carlsbad, CA 92008. The specifications for the work include City of Carlsbad Technical Specifications and the 2018 General and Standard Specifications for Public Works Con-struction, and the supplements thereto, all hereinafter designated “SSPWC”, as amended. Specifica-tion Reference is hereby made to the plans and specifications for full particulars and description of the work. 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.
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SUMMARY OF BIDDING SCHEDULE
An overview of the bidding schedule is included in the following table. Details for each activity can be found in relevant section.
ACTIVITY SCHEDULE TIME
Released for bid March 27, 2019 (Tentative)
Deadline for questions April 23, 2019 5 p.m.
Deadline for submittal of Substitutions Ma-jor Equipment list for approval April 23, 2019 5 p.m.
Final addendum/Q&A posted April 26, 2019 5 p.m.
Bid opening April 30, 2019 11 a.m.
BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly exe-
cuted including notarization, where indicated. 1. Contractor's Proposal 2. Major Equipment List (for substitutions) 3. Bidder's Bond 4. Noncollusion Declaration
5. Designation of Subcontractor and Amount of Subcontractor’s Bid 6. Bidder's Statement of Technical Ability and Experience 7. Acknowledgement of Addendum(a) 8. 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. 9. Bidder’s Statement Re Debarment 10. Bidder's Disclosure of Discipline Record 11. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) ENGINEER’S ESTIMATE: All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are ap-proximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $550,000.
TIME OF COMPLETION:
The Contractor shall diligently prosecute the work to completion within sixty (60) working days after the starting date specified in the Notice to Proceed. Unless otherwise approved in writing by the En-gineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m., Monday through Friday, excluding Agency holidays. SPECIALTY CONTRACTORS / ACCEPTABLE LICENSE TYPES
Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a con-tractor 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: C-10, Electrical Contractor
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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 Bid Packages, various supplemental provisions and Contract documents may be obtained on the City
of Carlsbad web site at www.carlsbadca.gov. Paper copies will not be sold. INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, spec-ifications 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 interpreta-tion of any provision in the contract documents will be given by any agent, employee or con-tractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on direc-tions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. BIDDER’S INQUIRIES Questions on the bid documents during the bid period shall be submitted in writing, via email, solely to: Janean Hawney, Associate Contract Administrator janean.hawney@carlsbadca.gov
Questions shall be definite and certain and shall reference applicable drawing sheets, notes, details or specification sheets. The cutoff date to submit questions regarding this project is 11 a.m. on April 23, 2019. No Questions will be entertained after this date. The answers to questions submitted during the bidding period will be published in an addendum and provided to those bidding the project by 5 p.m. on April 26, 2019. 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. PREVAILING WAGE TO BE PAID
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 Subcon-tracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5.
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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 con-tract for public work, unless currently registered and qualified to perform public work pursuant to Sec-tion 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 mak-ing them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. 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. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. ADDENDUMS 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 2018 edition of the Standard Spec-ifications for Public Works Construction “Greenbook”. All bonds are to be placed with a surety insur-ance 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,
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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. 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. ______________, adopted on the ________day of ______________________, 2019. ___________________________ ____________________________________ Date Janean Hawney, Deputy Clerk
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CITY OF CARLSBAD
STREET LIGHTING REPLACEMENT PROGRAM-PHASE 1 CONTRACT NO. 6062
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, 2018 edition of the Standard Specifications for Pub-lic Works Construction “Greenbook”, Contract Documents, and addenda thereto, and hereby pro-poses to furnish all labor, materials, equipment, transportation, and services required to do all the work
to complete Contract No. 6062 in accordance with the Plans, Specifications, 2018 edition of the Stand-ard Specifications for Public Works Construction “Greenbook” by reference , 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” STREET LIGHTING IMPROVEMENTS Item No.
Description
Approximate Quantity And Unit
Unit Price (Figures)
Total Amount (Figures) A-1 Remove and Replace Safety Light Fixtures at Signalized In-tersections with GE
ERL2-0-16-C3-30-D-GRAY-L
568 EACH $____________ $___________
(Unit Price in Words) A-2 Remove and Replace Street Light Fixtures with GE 671 EACH $____________ $___________
ERLH-0-13-C3-30-D-GRAY-L
(Unit Price in Words)
A-3 Remove and Replace Safety Light Fixtures at Signalized In-tersections with GE
ERL2-0-16-C3-30-D-GRAY-LY
112 EACH $____________ $___________
(Unit Price in Words)
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Item No.
Description
Approximate
Quantity And Unit
Unit Price (Figures)
Total Amount (Figures)
A-4 Remove and Replace Street-
Light Fixtures with GE ERLH-0-13-C3-30-D-GRAY-LY
146 EACH $____________ $___________
(Unit Price in Words)
A-3 Remove and Reinstall Street
Light Shields __________________________________________________ (Unit Price in Words)
40 EACH $____________ $___________
A-4 Remove and Replace Fuse 100 EACH $____________ $___________
(Unit Price in Words)
Total amount of bid in words for Schedule “A”:__________________________________________ _______________________________________________________________________________
Total amount of bid in numbers 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 pro-posal. 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
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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 inter-ested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no repre-
sentation, 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 com-mencing 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.
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 ______________________________________________________________
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(4) Zip Code ___________________ Telephone No. __________________________________ (5) E-Mail _____________________________________________________
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: _____________________________________ _____________________________________ _____________________________________ _____________________________________ _____________________________________ _____________________________________
_____________________________________ _____________________________________ _____________________________________ _____________________________________
_____________________________________ _____________________________________
_____________________________________ _____________________________________ _____________________________________ _____________________________________
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MAJOR EQUIPMENT LIST
(to Accompany Proposal)
STREET LIGHTING REPLACEMENT PROGRAM – PHASE 1 CONTRACT NO. 6062 The Equipment List below identifies the major equipment required for the Street Lighting Replacement
Program – Phase 1. Bidders shall provide detailed information for the equipment in the table below if the proposal differs, attach additional pages as needed. If an “or equal” substitute product is submitted, the following additional information shall be provided to the City:
The information provided below will be part of the bid evaluation process by the City of Carlsbad. You must submit your list of proposed substitutions for “an equal” (“or equal”) item(s) no less than five (5) Working Days prior to Bid due date April 30, 2019.
1. An explanation of the advantages to the City for accepting the substitution. 2. A comparison of significant qualities of the proposed substitution with those specified. 3. A list of changes or modifications needed to other parts of the work and to construction per-formed by the City and separate Contractors that will be necessary to accommodate the pro-posed substitution. 4. A statement indicating the substitution's effect on the Construction Schedule compared to the Construction Schedule without acceptance of the substitution. Indicate the effect of the pro-posed substitution on overall contract time. 5. Cost information, including a proposal of the net change, if any, in the Contract Sum.
6. Certification that the substitution is equal to or better in every respect to that required by Con-tract Documents, and that it will perform adequately in application indicated. Include Contrac-tor's waiver of rights to additional payment or time extensions that may be necessary because
of the substitution's failure to perform adequately.
The substituted product will not be considered unless the submittal is accompanied by complete in-formation and descriptive data necessary to determine equality of offered material(s), article(s), or
equipment. Samples shall be provided when requested by the City. Burden of proof as to comparative quality, suitability, and performance of offered material(s), article(s), or equipment shall be upon the Contractor. The City will be the sole judge as to such matters. In the event the City rejects the use of such alternative(s) submitted, then one of the particular products originally specified in the Contract Documents shall be furnished.
If mechanical, electrical, structural, or other changes are required for installation, fit of alternative ma-terials, articles, or equipment, or because of deviations from Contract Drawings and Specifications, such changes shall not be made without consent of the City, and shall be made without additional cost to the City.
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EQUIPMENT LIST
(to Accompany Proposal)
Required Equipment Manufacturer Name, Address, Phone Number
Equipment Model Number
Meets Specifications, or “Or-Equal”
Item A-1
GE-ERL2-0-16-C3-30-D-GRAY-L
Item A-2 GE-ERLH-0-13-C3-30-D-GRAY-L
Item A-3
GE-ERL2-0-16-C3-30-D-GRAY-LY
Item A-4 GE-ERLH-0-13-C3-30-D-GRAY-LY
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BID SECURITY FORM
(Check to Accompany Bid) STREET LIGHTING REPLACEMENT PROGRAM – PHASE 1 CONTRACT NO. 6062 (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 re-quired 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.)
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BIDDER'S BOND TO ACCOMPANY PROPOSAL
STREET LIGHTING REPLACEMENT PROGRAM – PHASE 1 CONTRACT NO. 6062
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: STREET LIGHTING REPLACEMENT PROGRAM – PHASE 1 CONTRACT NO. 6062 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: CELIA A. BREWER City Attorney By: _________________________________ Deputy City Attorney
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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 2018 edition of the Standard Specifications for Public Works Construction “Greenbook” to this Contract, especially, “Bid”, “Bidder”, “Contract”, “Con-tractor”, “Contract Price”, “Contract Unit Price”, “Engineer”, “Own Organization”, “Subcontractor”, and “Work”. Bidders are further urged to review sections 3-3 SUBCONTRACTS of the 2018 edition of the Standard Specifications for Public Works Construction “Greenbook”..
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 Bid-der’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 percent-age 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 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 ex-
planation 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. 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
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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.
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DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
(To Accompany Proposal) STREET LIGHTING REPLACEMENT PROGRAM – PHASE 1 CONTRACT NO. 6062 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/Type 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 Subcontractor 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.” ”
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BIDDER'S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal) STREET LIGHTING REPLACEMENT PROGRAM – PHASE 1
CONTRACT NO. 6062
The Bidder is required to state what work of a similar character to that included in the proposed Con-tract he/she has successfully performed and give references, with telephone numbers, which will en-
able 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
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BIDDER’S CERTIFICATE OF INSURANCE FOR
GENERAL LIABILITY, EMPLOYERS’ LIABILITY, AUTOMOTIVE
LIABILITY AND WORKERS’ COMPENSATION
(To Accompany Proposal) STREET LIGHTING REPLACEMENT PROGRAM – PHASE 1 CONTRACT NO. 6062 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 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.
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BIDDER'S STATEMENT RE DEBARMENT
(To Accompany Proposal) STREET LIGHTING REPLACEMENT PROGRAM – PHASE 1 CONTRACT NO. 6062 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 debar-ment(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
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BIDDER'S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
STREET LIGHTING REPLACEMENT PROGRAM – PHASE 1 CONTRACT NO. 6062
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 con-tractor’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 pertain 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
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BIDDER'S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED) (To Accompany Proposal) STREET LIGHTING REPLACEMENT PROGRAM – PHASE 1 CONTRACT NO. 6062 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who’s 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
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NONCOLLUSION DECLARATION TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106 STREET LIGHTING REPLACEMENT PROGRAM – PHASE 1 CONTRACT NO. 6062
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 infor-mation 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
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CONTRACT
PUBLIC WORKS
This agreement is made this ____________ day of ________________________________, 2019, 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: STREET LIGHTING REPLACEMENT PROGRAM – PHASE 1 CONTRACT NO. 6062 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equip-ment, 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, Tech-nical Ability and Experience, Bidder’s Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the 2018 edition of the Standard Specifications for Public Works Con-struction “Greenbook” incorporated herein by reference , addendum(s) to said Plans and Specifica-tions, 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 indi-cated, 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 7, Measurement and Payment of the Standard Specifications for Public Works Construction (Greenbook), Edition 2018. 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.
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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 conditions. Any infor-mation 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 re-quired 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 Cali-fornia 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 pay-roll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776.
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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 or in connec-tion 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 Con-tractor, 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 oc-currence 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. (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 re-spects: liability arising out of activities performed by or on behalf of the Contractor; products and com-pleted 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 doc-uments attached to the certificate of insurance; one for each company affording general liability, and employers’ liability coverage.
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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, em-ployees 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 reten-tion 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 in-surance 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. (H) Verification of Coverage. Contractor shall furnish the City with certificates of insurance and orig-inal 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 herein by reference. In addition, all claims by Con-tractor 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 incorpo-rated herein by reference. 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.
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(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 an-other jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from
participating in future contract bidding. (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 estab-lished 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.
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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 in-cluded herein, and if, through mistake or otherwise, any such provision is not inserted, or is not cor-rectly 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 "Sup-plemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) 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: ____________________________________ Matt Hall. Mayor ATTEST: _______________________________________ Barbara Engleson, 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: CELIA A. BREWER City Attorney By: _________________________________ Deputy City Attorney
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LABOR AND MATERIALS BOND
WHEREAS, the City of Carlsbad, State of California, has awarded to
________________________________________________________________________________ (hereinafter designated as the "Principal"), a Contract for: STREET LIGHTING REPLACEMENT PROGRAM – PHASE 1 CONTRACT NO. 6062 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 perfor-mance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth.
NOW, THEREFORE, WE, ________________________________________________________, as Principal, (hereinafter designated as the "Contractor"), and ______________________________
__________________________________ as Surety, are held firmly bound unto the City of Carlsbad in the sum of _____________________________________________________________________ _______________________________________________________ Dollars ($_______________), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of 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 In-surance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from
the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unem-ployment 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.
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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. Executed by CONTRACTOR this _________ day of ________________________, 20____. CONTRACTOR: _____________________________________ (name of Contractor) By:__________________________________ (sign here) _____________________________________ (print name here) _____________________________________ (title and organization of signatory) By:__________________________________ (sign here) _____________________________________ (print name here) _____________________________________ (title and organization of signatory)
Executed by SURETY this ____________ day of ___________________________, 20____. SURETY: _____________________________________ (name of Surety) _____________________________________ (address of Surety) _____________________________________ (telephone number of Surety) By: _____________________________________ (signature of Attorney-in-Fact) _____________________________________ (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney
By: _________________________________ Deputy City Attorney
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FAITHFUL PERFORMANCE/WARRANTY BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to
_____________________________________________________________________, (hereinafter designated as the "Principal"), a Contract for: STREET LIGHTING REPLACEMENT PROGRAM – PHASE 1 CONTRACT NO. 6062 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 and firmly bound unto the City of Carlsbad, in the sum of _____________________________________________________________________ ______________________________________________________ Dollars ($________________),
said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be paid to City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, 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 alter-ation 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, in-curred by the City in successfully enforcing such obligation, all to be taxed as costs and included in
any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the work to be performed 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.
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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. Executed by CONTRACTOR this _________ day of ___________________, 20____.
CONTRACTOR: ____________________________________ (name of Contractor)
By: _________________________________ (sign here)
____________________________________ (print name here)
____________________________________ (Title and Organization of Signatory) By: ____________________________________ (sign here) ____________________________________ (print name here) ____________________________________
(Title and Organization of signatory)
Executed by SURETY this ___________ day of _______________________________, 20____
SURETY: _______________________________________ (name of Surety)
_______________________________________ (address of Surety)
_______________________________________ (telephone number of Surety)
By: ____________________________________ (signature of Attorney-in-Fact) _______________________________________ (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant sec-retary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: ______________________________ Deputy City Attorney
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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 re-quired to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for STREET LIGHTING REPLACEMENT PROGRAM – PHASE 1 CONTRACT NO. 6062 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. 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
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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 _____________________________________ 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.
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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 _____________________________________
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SPECIAL PROVISIONS
Pursuant to section 6-3.1 of the Standard Specifications for Public Works Construction (SSPWC), the contractor shall complete all contract work within 60 working days. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. For each working day excess of the time specified for completion of Work (60 working days from Notice to Proceed), in accordance with Section 6-9 of the Standard Specifica-tions for Public Works Construction (SSPWC), the Contractor shall pay the Agency, or have withheld monies due it, the sum of Seven Hundred dollars ($700.00) for each consecutive working day in ex-cess of the time specified. 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. RIGHT-OF-WAY PERMIT. Contractor shall apply for and obtain a right-of-way permit from the City of Carlsbad prior to commencement of any work. BID ITEMS. Payment for each Bid Item shall be made at the quantity and type as listed in the Con-tractor's Proposal. All work shown or mentioned on the plans, in the Contract Documents, 2018 edition of the Standard Specifications for Public Works Construction “Greenbook”, Special or Technical Pro-
visions/Specifications shall be considered as included in the Bid Items. Contractor must protect exist-ing 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, irri-
gation systems, and vegetation at his expense. Remove and Replace Safety Light Fixtures at Signalized Intersections (Bid Item No. A1 and A3) Each The contract unit price paid for this bid item shall constitute full compensation to remove and replace safety light fixtures at various signalized intersections in the City. The bid item shall include furnishing and installing GE Evolve LED Roadway Lighting fixture ERL2-0-16-C3-30-D-GRAY-LY or ERL2-0-16-C3-30-D-GRAY-L or approved equal. A Fisher-Pierce # TRS-2 105-305 VAC LED photo control or approved equal shall be installed with each light fixture. Safety lights shall be installed in accordance with Section 700 and 701 of Standard Specifications for Public Works Construction (SSPWC) and these contract documents. The contract unit price paid shall be considered full compensation for
furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accordance with the Greenbook and contract documents. This includes, but is not limited to, light fixture, photocell, wire connections, testing of new light fixture, salvaging old LED fixtures, recycling
old induction fixtures, mobilization, and traffic control. Fixtures ERL2-0-16-C3-30-D-GRAY-LY are to be installed at signalized intersections west of Interstate 5. Remove and Replace Street Light Fixtures (Bid Item No. A2 and A4) Each The contract unit price paid for this bid item shall constitute full compensation to remove and replace street light fixtures at along various streets in the City. The bid item shall include furnishing and in-
stalling GE Evolve LED Roadway Lighting fixture ERLH-0-13-C3-30-D-GRAY-LY or ERLH-0-13-C3-30-D-GRAY-L or approved equal. A Fisher-Pierce # TRS-2 105-305 VAC LED photo control or ap-proved equal shall be installed with each light fixture. Street lights shall be installed in accordance with Section 700 and 701 of Standard Specifications for Public Works Construction (SSPWC) and these contract documents. The contract unit price paid shall be considered full compensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to complete the work in accord-ance with the Greenbook and contract documents. This includes, but is not limited to, light fixture, photocell, wire connections, testing of new light fixture, salvaging old LED fixtures, recycling old in-duction fixtures, mobilization, and traffic control. Fixtures ERLH-0-13-C3-30-D-GRAY-LY are to be installed on street light poles west of Interstate 5.
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Remove and Reinstall Street Light Shields (Bid Item No. 3) Each The contract unit price paid for this bid item shall constitute full compensation to remove and reinstall existing street light shields at various locations. The bid item shall include reinstalling the existing shields with new stainless-steel screws to the new street light fixture. Street lights shields be installed in accordance with Section 700 and 701 of Standard Specifications for Public Works Construction (SSPWC) and these contract documents. The contract unit price paid shall be considered full com-
pensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to com-plete the work in accordance with the Greenbook and contract documents. This includes, but is not limited to, stainless steel screws, mobilization, and traffic control. Remove and Replace Fuse (Bid Item No. 4) Each The contract unit price paid for this bid item shall constitute full compensation to remove and replace
fuses at various street light poles. The bid item shall include furnishing and installing new fuses within the existing street light pole for locations that have inoperable street light fixtures. Fuses be installed in accordance with Section 700 and 701 of Standard Specifications for Public Works Construction
(SSPWC) and these contract documents. The contract unit price paid shall be considered full com-pensation for furnishing all materials, labor, tools, equipment, and all incidentals, necessary to com-plete the work in accordance with the Greenbook and contract documents. This includes, but is not
limited to, fuses, fuse holders, mobilization, and traffic control.
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Add the following: 2-10 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 here-inafter, 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:
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 com-
plete 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 as-sessed 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.
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(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 con-tract 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 subdivi-sion, 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 depart-ment. (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. (C) If the public entity needs approval from its governing body to provide the claimant a written state-
ment 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 state-ment, 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
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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 con-
ducted 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 qualifi-cations 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 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 re-
quest, 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 sub-contractor 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 obliga-tions.
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(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 (commenc-ing 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. (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.
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(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 claim-ant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (com-mencing 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 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.
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(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 7-4.
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PART 7, STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS
SECTION 700 - Materials
700-4 STREET LIGHTING SYSTEM MATERIALS 700-4.7 Photoelectric Controls 700-4.7.2 Photoelectric Control Units REPLACE the subsection with the following: The photoelectric unit shall consist of a photoelectric cell in a weatherproof housing which plugs into an EEI-NEMA twist-lock receptacle integral with the luminaire and shall be installed with the clear UV-stabilized photocell window facing north. The control unit shall contain a uniformly coated cadmium-sulfide photoelectric cell suitable for operation with 120- or 240-volt line supply with surge protection to prevent damage and made to fail in the “ON” position. The unit shall have a HID load rating of 1,800 VA with a Tungsten load rating of 1,000 watts. The unit shall have time-delay capabilities. Photocell unit shall be hermetically sealed.
The response level of the unit to changing light levels shall remain stable throughout the life of the unit (5,000 operations). The “turn-on” level shall be nominal 1 foot-candle and the “turn-on: turn-off” ratio shall be 1.5.
A Fisher-Pierce # TRS-2 105-305 VAC LED photo control or approved equal shall be installed with each light fixture. The photo control unit shall meet the following minimum electrical and mechanical
criteria:
• Operating Voltage Range: 105-305 VAC, 50/60 Hz- Nominal Voltage 120/208/240/277 V
• Load Rating: 1,000 W / 1,800 VA
• Operating Temperature: -40°F to 150°F
• Surge Protection: 40,000 Amps
• Power Consumption: <0.5 Watts @120 V
• Dielectric Strength: 5,000 V between current carrying parts
• Circuit Board: Glass epoxy, ionic cleaning and decontamination, and conformal coated
• Operating Light Levels: Turn-on 1.5FC, 1.5:1 Off/On Ratio 700-4.9 LED Streetlight Luminaires ADD new sections with the following:
700-4.9.1 General
LED streetlight luminaires shall meet the applicable requirements of the following industry standards:
1. ANSI/NEMA/ANSLG C78.377-2011-Specifcations for the Chromaticity of Solid-State Lighting (SSL) Products 2. IES LM-79-08 – Approved Method: Electrical and Photometric Measurements of Solid-State
Lighting Products
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3. IESNA LM-80-08 – Approved Method measuring Lumen Maintenance of LED chips / Fixture Manufacturer must provide extrapolation explanation for Lumen Maintenance derived from In-Situ testing upon request. 4. IEEE C62.41.2-2002-IEEE Recommended Practice on Characterization of Surges in Low-Volt-age (1000 V and less) AC Power Circuits 5. IESNA TM-15-11 & Addendum A (replaces TM-15-07 and TM-15-07 Addendum A) – Lumi-naire Classification System for Outdoor Luminaires; Backlight, Uplight, and Glare (BUG) Rat-
ings 6. ANSI/UL 1598 – Poles & luminaires; UL 7. ANSI/UL 8750: Additional requirements for LED luminaires as well as drivers and LED arrays Test data that establishes compliance with the requirements of ANSI/UL 1598 and the other industry standards listed above shall be provided upon request.
700-4.9.2 LED Luminaires
Luminaires/fixtures shall be LED, dimmable, and one of the following:
• Safety Lighting: GE Evolve LED Roadway Lighting ERL2-0-16-C3-30-D-GRAY-LY or ERL2-0-16-C3-30-D-GRAY-L or approved equal.
• Street Lighting: GE Evolve LED Roadway Lighting ERLH-0-13-C3-30-D-GRAY-LY or ERLH-0-13-C3-30-D-GRAY-L or approved equal.
LED luminaires shall meet the following criteria:
• Standard fixture utilizes terminal block for power input suitable for #6 - #14 AWG wire operates at 700mA.
• Drive current is not field switchable.
• A three-pole terminal block capable of accepting #14 to #10 AWG shall be mounted to the housing inside the electrical compartment.
• Luminaire shall be provided with capability for optional backlight control.
• Complete assembly weight shall not exceed 25 lbs.
• Fixture is designed to mount on a schedule 40, 2” nominal pipe size (NPS) horizontal tenon (minimum 8‟ in length) and is adjustable +/- 5 degrees to allow for fixture leveling (includes two
axis T-level to aid in this process).
• Fixture, including the LEDs, drivers and electrical components, shall carry a limited ten-year
warranty and housing paint and finish shall carry a ten-year warranty.
• Color temperature and CRI:
o 3000K color temperature for Safety Lighting, minimum 70 CRI
o 3000K color temperature for Street Lighting, minimum 70 CRI 700-4.9.3 Optical System Requirements
Optical configurations shall meet the following criteria: 1. No reflectors or single lensed fixture accepted. Close contact refractors to be employed for
optical distribution. 2. Refractors are to be polymeric material rated 5VA, f1 rating. 3. Lumen maintenance at 50,000 hours of life to be no less than 88% of initial lumen output.
4. Shall have 95% survival rate at 50,000 hours. 5. Integral 10K surge suppressor for diode and entire system protection. 6. Safety lighting fixture shall provide a minimum 15,300 Lumens and shall be IESNA Type III
distribution.
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7. Street lighting fixture shall provide a minimum 12,000 Lumens and shall be IESNA Type III distribution. 8. The LED pad temperature shall not exceed 75°C at 25°C ambient. 9. On units that contain more than one optical assembly, there shall be a provision to specify that at least one of the optical assemblies can offer photometry in the house side direction. 10. The optical assembly shall be from the same manufacturer as the luminaire housing.
700-4.9.4 Luminaire Housing Luminaire housing shall be furnished with an optical assembly, be powder-coated silver, include a level bubble to facilitate installation, allow for tool-less entry, and shall include an integral twist-lock type receptacle for photoelectric cell control in accordance with the latest EEI-NEMA standards which
is adjustable with respect to north and prewired to the terminal board. Photocell control shall be for a 7-pin receptacle per ANSI C136.41.
Luminaire external housing shall have a minimum rating of IP66 as specified in IEC 60529, with the ability to shed water from inside the housing (i.e. weep holes).
The LED luminaire shall be designed for horizontal mounting. The LED assembly shall have a slip-fitted mounting bracket capable of attaching to a two-inch (2”) pipe without the need for special mount-ing parts. They shall be installed in a horizontal position with leveling and clamping to the mast arm pipe accomplished by tightening mounting bolts, which are externally or internally accessible. Bolts shall be minimum 5/8” x2” size and stainless steel. Luminaire circuitry shall include quick connect / disconnects to allow easy separation and removal of driver and power door. Grounding requirements: ANSI/UL Standards and NFPA 70. The luminaire power unit assembly shall consist of an integral driver, capacitor, 10K surge suppressor, and heavy-duty terminal block. The power unit assembly shall be mounted on a separate component of the luminaire to facilitate replacement. The luminaire optical chamber shall have a minimum rating of IP66 as specified in IEC 60529.
The luminaire housing cooling system shall consist of a passive heat sink with no fans, pumps, or liquids and shall be designed and constructed to accept a standard plug type, locking, three-pole,
three-wire, streetlight photocontrol. The fixture and finish endurance tested to withstand 5,000 hours of elevated ambient salt fog conditions as defined in ASTM Standard B 117.
All fasteners shall be stainless steel and all polycarbonate components shall be UV stabilized. An easily-viewable nameplate shall be permanently affixed to the inside of each luminaire housing. The nameplate shall contain the following information: manufacturer’s name, manufacturer’s catalog number, date of manufacture (month and year), plant location, input power consumption, driver output current, IEC IP Rating, correlated color temperature (CCT), IES light distribution type, IESNA TM-15 BUG ratings, and serial number. Utility approved luminescent name plate with light source and watt-age shall be permanently affixed on the exterior of the Luminaire to be visible from the ground. The driver assembly shall be enclosed in a separate compartment from the optical assembly. The entire fixture shall be “wet listed” with the optical assembly compartment being rated at IP66. The LED Luminaire shall be constructed to provide the required light distribution with the lower edge of the Luminaire housing below the entire light source close contact refractors. The Luminaire must be Dark
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Sky Compliant with U0 bug rating. The light distribution pattern shall be per optical system require-ments section above. Luminaire head shall be equipped with a photoelectric control unit. 700-4.9.5 LED Drivers
Light Emitting Diode (LED) drivers shall be component-type consisting of precision wound coils and welded magnetic steel laminations assembled together and impregnated with baked-on, insulating, weatherproof varnish; and metal-cased, hermetically-sealed capacitor, suitable for use on multiple distribution circuits with 60Hz, 120- or 240-Volt rating. The operating sound pressure noise level shall not exceed the ambient noise level by more than five (5) decibels at 30-feet when measured by a sound level meter conforming to the American Standards for Sound Level Meters. Where the ambient
noise level is less, a minimum of 40 decibels shall be assumed. The driver shall be the same manu-facturer as the fixture.
Power supply / driver shall be field replaceable by means quick-disconnect connectors and easy ac-cess mounting hardware. Power supply / driver shall be wet-listed in the US and Canada, UL, ROHS compliant, meet Caltrans 611 vibration testing and GR-63-CORE section 4.4.1/5.4.2 earthquake zone
4. LED driver shall meet the following criteria:
• Electronic:
o voltage range = universal 120 – 277 v +/- 10%;
o frequency = 50/60 Hz;
o power factor > 90% @ full load;
o THD < 20% @ full load;
o output ripple < 10%;
o output shall be isolated;
o case temperature rated for -40°C to 60°C;
o fully encased and potted;
o overheat protection, self-limited short circuit protection, and overload protected – mini-mum integral 10k surge protection tested in accordance with IEEE C62.41 and ANSI standard 62.41.2;
o Driver Life Rating not less than 100,000 hours.
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SECTION 701 - CONSTRUCTION
701-16 STREET LIGHT CONSTRUCTION 701-16.1 General ADD the following: For street lights with existing lighting shields, picture documentation shall be performed and reported back to City with associated Asset ID number. Existing shields shall be removed and reinstalled with the replacement of the lighting fixture. Contractor shall attach shield with stainless steel screws and install in such a way to not affect the new lighting fixture. Contractor shall cap and test all new fixtures to ensure operability. For inoperable fixtures, contractor shall troubleshoot by checking line side of the fuse in pole. Contractor shall replace fuse and test operability of light fixture. If replacing of the fuse does not correct the street light operability issues, contractor shall document issue and report back to the City with associated street light Asset ID num-
ber. 701-20 SALVAGE ADD the following:
Existing LED fixtures shall be salvaged and returned to Carlsbad Public Works building located at 405 Oak Ave, Carlsbad CA, 92008 by the Contractor. City requires that at least 50% of items removed be recycled. Contractor shall provide the city with a report, with accompanying disposal receipts, by tonnage of all fixtures removed, place where recycled, and the weight of the materials recycled. If items were disposed of as hazardous please provide a
separate report for these items. Existing induction fixtures shall be removed and recycled appropriately per State recycling guidelines by the Contractor. After award of contract, contractor shall provide a submittal outlining how they intend to comply with state regulations for recycling and hazardous waste disposal.
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EXHIBITS
A. Location map of signalized intersections (safety light fixtures) - See attached.
B. Location map of streetlights being replaced on roadways within the City of Carlsbad – See attached.
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Document Path: J:\AC_Customers\John_Maashoff\Lights\CobraLights\Cobra&JerseyStreetLights.mxdAuthor: Andy Chang
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