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Ace Electric Inc; 2014-10-23; PWS14-38PKS
RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOC# 2015-0203869 11111111111111111111111111111111111111111111111111111111111111 IIIII III Apr 27, 2015 03:17PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $0.00 Space above this line for Recorder's use. PARCEL NO: 1671013500, 2230606100 NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on January 9, 2015. 6. The name of the contractor for such work or improvement is Ace Electric, Inc. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Calavera Hills and Stagecoach Community Parks Athletic Fields Lighting Retrofits, Contract Number PWS14-38PKS 8. The street address of said property is 2997 Glasgow Drive, Carlsbad, California 92008 and 3420 Camino de los Caches, Carlsbad, California 92009. VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Council of said City on 4fJ.M.i. OJ I , 20 1 S, accepted the above described work as completed and ordered ttiat a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on ~ 2. C , 2oj_J__, at Carlsbad, California. /4-6 c2 ', 9 3 (_I 1~')0 c0Qt '5-0~&> CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS, GENERAL PROVISIONS, SUPPLEMENTAL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR CALA VERA HILLS AND STAGECOACH COMMUNITY PARKS ATHLETIC FIELDS LIGHTING RETROFITS CONTRACT NO. PWS14-38PKS TABLE OF CONTENTS Item Page Notice Inviting Bids................................................................................................................... 1 Contractor's Proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Bid Security Form . .. .. . . . .. ... . . . . . . . . . .. . . . . . . . ......... .. . .. .. ... . . .. .. . . . . . ... . . . . . . . .. . . . . . . . .. .. . . . . . .. . . . ..... .. . . .. . .. .. . . . . . .. 11 Bidder's Bond to Accompany Proposal..................................................................................... 12 Guide for Completing the "Designation of Subcontractors" Form .. .... .. . ..... .... .. . ......... .. .. . .. .. . . . .. .. 14 Designation of Subcontractor and Amount of Subcontractor's Bid Items . . .... .. . .. .. .. ... . . .. . .. .. .... ... 16 Bidder's Statement of Technical Ability and Experience............................................................ 17 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation........................................................................................ 18 Bidder's Statement Re Debarment .. . .. .. .. . .. .. ... .... ... . . .. . . . .. .. . . . .... .. . .. .. .. . .. .. .. ..... .. . ..... .. ....... .. . . ..... .. 19 Bidder's Disclosure of Discipline Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...... ... . .. . . . . .. . .. 20 Noncollusion Declaration to Be Executed by Bidder and Submitted with Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Contract Public Works.............................................................................................................. 23 Labor and Materials Bond......................................................................................................... 29 Faithful Performance/Warranty Bond........................................................................................ 31 Optional Escrow Agreement for Surety Deposits in Lieu of Retention....................................... 33 ft ~.,Revised 1/30/13 Contract No. PWS14-38PKS Section 1 1-1 1-2 1-3 1-4 Section 2 2-1 2-2 2-3 2-4 2-5 2-6 2-10 2-11 Section 3 3-1 3-2 3-3 3-4 3-5 Section 4 4-1 4-2 Section 5 5-1 5-2 5-3 5-4 5-5 5-6 Section 6 6-1 6-2 6-3 6-4 6-5 6-6 6-7 6-8 6-9 6-10 Section 7 7-1 7-2 GENERAL PROVISIONS Terms, Definitions Abbreviations and Symbols Terms............................................................................................................... 37 Definitions.................................................... . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Abbreviations............................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Units of Measure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Scope and Control of the Work Award and Execution of Contract................. ..................................................... 47 Assignment.................................................. ..................................................... 47 Subcontracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 Contract Bonds............................................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Plans and Specifications.............................. .. .. .. . . . . . .. . . . .. . . . . . . . .. . .. . . .. ... .. . . . . . . . .... ... 49 Work to be Done............................................................................................... 52 Authority of Board and Engineer.................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Inspection.................................................... ..................................................... 53 Changes in Work Changes Requested by the Contractor........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . 53 Changes Initiated by the Agency................. ..................................................... 53 Extra Work................................................... .. .. .. . . . . . . . . .. ....... .. . . . .. . . .. . .. .. .. . . . .... .. . .. 54 Changed Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Disputed Work.................................................................................................. 58 Control of Materials Materials and Workmanship............................................................................. 60 Materials Transportation, Handling and Storage................................................ 64 Utilities Location....................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Protection . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Removal........................................................................................................... 65 Relocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Delays.............................................................................................................. 66 Cooperation................................................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Prosecution, Progress and Acceptance of the Work Construction Schedule and Commencement of Work........................................ 67 Prosecution of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 Suspension of Work.......................................................................................... 69 Default by Contractor................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 Termination of Contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 Delays and Extensions of Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . 70 Time of Completion.......................................................................................... 71 Completion, Acceptance, and Warranty....... ..................................................... 71 Liquidated Damages......................................................................................... 72 Use of Improvement during Construction..... . . .. . . . ....... .. .. . . . .. . . .. . .. .. .. . .. .. .. . . . .. . . .. . .. 72 Responsibilities of the Contractor Contractor's Equipment and Facilities.......... ..................................................... 72 Labor................................................................................................................ 72 ~ • ., Revised 1/30/13 Contract No. PWS14-38PKS ii 7-3 7-4 7-5 7-6 7-7 7-8 7-9 7-10 7-11 7-12 7-13 7-14 Section 8 8-1 Section 9 9-1 9-2 9-3 PART3 300-9 Appendix A Appendix B Appendix C Liability Insurance........................................ .. .. .. . . . .. . . . .. . . . . . . . ..... .. . . .. . . . .. .. . . . .. . . . . . .. 73 Workers' Compensation Insurance.............. ..................................................... 73 Permits............................................................................................................. 73 The Contractor's Representative . . . . .. ..... .. . . .. .. . . ..... ..... .. . . .. . . . . . .. ........ .. ..... ... . .. .. . .. 7 4 Cooperation and Collateral Work................. ..................................................... 74 Project Site Maintenance............................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4 Protection and Restoration of Existing Improvements........................................ 75 Public Convenience and Safety................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 Patent Fees or Royalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . 77 Advertising................................................... ..................................................... 77 Laws to be Observed................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 Antitrust Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 Facilities for Agency Personnel General............................................................................................................. 78 Measurement and Payment Measurement of Quantities for Unit Price Work................................................. 78 Lump Sum Work.......................................... .................. ................................... 78 Payment........................................................................................................... 78 SUPPLEMENTAL PROVISIONS TO PART 3 OF THE SSPWC Construction Methods Geotextiles for Erosion Control and Water Pollution Control. ........................... .. 81 83 102 103 ft ~JRevised 1/30113 Contract No. PWS14-38PKS iii CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS UNTIL 2:00PM ON AUGUST 26, 2014, 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: retrofiUrelamp existing Musco Sports Lighting remote-control lighting for the athletic fields at Calavera Hills and Stagecoach Community Parks with new energy-efficient Musco Green Generation Lighting® or equal, while preserving existing lighting infrastructure. CALAVERA HILLS AND STAGECOACH COMMUNITY PARKS ATHLETIC FIELDS LIGHTING RETROFITS CONTRACT NO. PWS14-38PKS INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (1 0) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 1 0263), 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 Purchasing Department. The speci- fications for the work include City of Carlsbad Technical Specifications and the Standard Specifica- tions for Public Works Construction, Parts 2 & 3, 2012 Edition, all hereinafter designated "SSPWC", as amended. Specification Reference is hereby made to the plans and specifications for full particulars and description of the work. The General Provisions (Part 1) to the SSPWC do not apply. l' •+' Revised 1/30/13 Contract No. PWS 14-38PKS 1 of 123 The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly exe- cuted including notarization, where indicated. 1. Contractor's Proposal 2. Bidder's Bond 3. Noncollusion Declaration 4. Designation of Subcontractor and Amount of Subcontractor's Bid 5. Bidder's Statement of Technical Ability and Experience 6. Acknowledgement of Addendum( a) 7. 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. 8. Bidder's Statement Re Debarment 9. Bidder's Disclosure Of Discipline Record 10. Escrow Agreement for Security Deposits-(optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) 11. Required Submittal Information Checklist (Inclusive) 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 $680,000.00 TIME OF COMPLETION: The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. SPECIALTY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a 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-1 0 GENERAL ELECTRIC. A minimum of 5 years' experience installing, maintaining and repairing Musco Sports Lighting remote- controlled lighting systems is highly preferred. 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 Sets of plans, various supplemental provisions, and Contract documents may be obtained at the Cash- ier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008- l' •+'Revised 1/30/13 Contract No. PWS14-38PKS 2 of 123 7314, for a non~refundable fee of $10.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. 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. 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. THE PAYMENT OF PREVAILING WAGES IS NOT REQUIRED The City of Carlsbad is a Charter City. Carlsbad Municipal Code Section 3.28.130 supersedes the provisions of the California Labor Code when the public work is not a statewide concern. The City Council has determined that it is not in the best interest of the city to require the payment of prevailing wages for this project. Payment of prevailing wages is at contractor's discretion. PRE BID MEETING A MANDATORY pre-bid meeting will be held on Tuesday, July 29, 2014 at 10:00 AM at the Faraday Center Building, 1635 Faraday Ave, Carlsbad CA. 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 writteh 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 ( 1 00%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the General Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to '" or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. l\ •+f Revised 1/30/13 Contract No. PWS14~38PKS 3 of 123 If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with " section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. 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. 2014-152, adopted on the 24th day of June, 2014. ~~~ July17,2014 -~ Date eputy ity lerk l' • .,Revised 1/30/13 Contract No. PWS14-38PKS 4 of 123 CITY OF CARLSBAD CALAVERA HILLS AND STAGECOACH COMMUNITY PARKS ATHLETIC FIELDS LIGHTING RETROFITS CONTRACT NO. PWS14-38PKS City Council City of Carlsbad CONTRACTOR'S0~ROPOSAL ENEO, WITNESSED AND RECORDED: 1200 Carlsbad Village Drive Carlsbad, California 92008 ) I. ~~ siG Ufi The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and ad- denda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. PWS14-38PKS in accordance with the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: SCHEDULE "A" CALAVERA HILLS AND STAGECOACH COMMUNITY PARKS ATHLETIC FIELDS LIGHTING RETROFITS Item No. Description Approximate Quantity And Unit A-1 Calavera Hills Community LS Park Athletic Fields Lighting Retrofits/Relamp ~- -rwo ~.,.., z:lul!•'d6VI T ,.,,..~.rwt, ~ "t>·(..~ A-2 Stagecoach Community Park Athletic Fields Lighting Retro- fits/Relamp -rlttt'" ~,. A f"?' "'f1hju..~ 1:>~~ LS Unit Price (Figures) $ 'LCO 71 oco- Total Amount (Figures) Total amount of bid in words for Schedule "A": ~~~ IJ.tM.A.fJ/tJI'D rftt/71t7 ~fl'vi!/1I'J .,../d-0~ l>o~~ Total amount of bid in numbers for Schedule "A":$ (p'3Z Ol>o- l'\ • .., Revised 1/30/13 Contract No. PWS14-38PKS 5 of 123 The basis of award will be the sum of Schedule "A" only. Price(s) given above are firm for 90 days after date of bid opening. Addendum( a) No(s). __ .:...~_o_#.l_fl' ____ has/have been received and is/are included in this pro- posal. {'\ •t' Revised 1/30/13 Contract No. FWS14-38PKS 6 of 123 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 ~?'3104 , classification C/O 4 which expires on 3 ( 3' f d-o 1 <e , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally 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 ----'6o-n=-=-___;;,;;) _________ (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. l'\ •+' Revised 1/30/13 Contract No. PWS14-38PKS 7 of 123 Check a License -License Detail -Contractors State License Board Page 1 of2 •• DEPARTMENT OF CONSUMER AFFAIRS Contractors State License Board Contractor's License Detail -License# 835109 A DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. ·• CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. ·It Per B&P 7071.17 , only construction related civil judgments reported to the CSLB are disclosed. ·It Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. M• Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number Business Information Entity Issue Date Expire Date License Status Classifications Bonding 835109 Extract Date 8/26/2014 ACE ELECTRIC INC Business Phone Number: (619) 521-9740 P 0 BOX 601071 SAN DIEGO, CA 92160 Corporation 03/30/2004 03/31/2016 ACTIVE This license is current and active. All information below should be reviewed. CLASS C10 A DESCRIPTION ELECTRICAL GENERAL ENGINEERING CONTRACTOR CONTRACTOR'S BOND This license filed a Contractor's Bond with TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA. Bond Number: 1 05393903 Bond Amount: $12,500 Effective Date: 03/01/2010 Contractor's Bond History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) HINDS JEFFREY ALAN certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 03/05/2014 BQI's Bond History https://www2.cslb.ca.gov/OnlineServices/CheckLicenseii/LicenseDetail.aspx?LicNum=83 ... 8/26/2014 Check a License -License Detail -Contractors State License Board Workers' Compensation WORKERS' COMPENSATION This license has workers compensation insurance with STATE COMPENSATION INSURANCE FUND Policy Number: 9082614 Effective Date: 01/01/2014 Expire Date: 01/01/2015 Workers' Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. Personnel List Other Licenses Conditions of Use 1 Privacy Policy Copyright © 201 0 State of California Page 2 of2 https:/ /www2.cslb.ca.gov/OnlineServices/CheckLicenseii/LicenseDetail.aspx?LicNum=83 ... 8/26/2014 IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business (Street and Number) City and State---------------------------- (4) Zip Code ________ Telephone No.-------------- (5) E-Mail ____________________ _ IF A PARTNERSHIP. SIGN HERE: (1) Name under which business is conducted. _________________ _ (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business---------------------------- (Street and Number) City and State--------------------------- (4) Zip Code ________ Telephone No.--------------- (5) E-Mail ____________________ _ l'\ •+' Revised 1/30/13 Contract No. FWS14-38PKS 8 of 123 IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted _ _.A'---'-'-t'-'L=---_,fj..........,.c.....,e;"-'/,__,_r....:..t_.;.·~_,,,_, _:{n-'-'-'-C_· ____ _ (2)_~t'"~~;;.__ ... S::...::::......:-=:::::::>=--------------- (Si9 ature) ) /1-eJtden? (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of Ca ic .fo n1 ,c., (4) PlaceofBusiness (.p(J(D{ @tYMOllflf {v-e_ r ~ (Street and Number) City and State :>a 11 l..J 1 t' q D , C! It (5) Zip Code tf;Jt dO Telephone No. {pttJ ~ Sd-1-17 '{0 (6) E-Mail /-1111c/J eAce Clrcln "(. .::tnf. Cd>th NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED l'\ • ., Revised 1/30/13 Contract No. FWS14-38PKS 9 of 123 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California } SS. County of San Diego On August 25, 2014 Before Me c. Powell ,a Notary Public Name of Notary Public Personally Appeared Jeffrey A. Hinds Notary Stamp Name(s) of Signer(s) 0 Proved to me on the basis of satisfactory evidence To be the person(s) whose name(s) is I are subscribed to the within instrument and acknowledged to me that he I she I they executed the same in his I her I their authorizedcapacity(ies) and that by his I her I their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. or~ Signature of Notary Public License Number Expires #1845097 4-17-2017 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title our Type of Document: Document Date: __________________________________ Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name: 0 Individual: Ocorporate Officer-Title(s): 0 Partner -D Limited General 0Attorney-in-fact 0Trustee 0Guardian or Conservator Oother: Signer is Representing Right Thumb Print of Signer 1 Right Thumb Print of Signer 2 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: , /-e {4 r G<:t A. 1-(, ftJ..I ,. Ires. r 5-t(', Truv·. ba.v:cl J Gnsnu~'j n~, 0" l'\ •+' Revised 1/30/13 Contract No. FWS14-38PKS 10 of 123 BID SECURITY FORM (Check to Accompany Bid) CALAVERA HILLS AND STAGECOACH COMMUNITY PARKS ATHLETIC FIELDS LIGHTING RETROFITS CONTRACT NO. PWS14-38PKS (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check pa ble to the order of CITY OF CARLSBAD, in the sum of ___________ ~"-------------- ---------------------,~--dollars($ ), this amount being ten percent (10%) of the total amou of the bid. The proceeds of this check shall become the property of the City provided this propos shall be accepted by the City through action of its legally constituted contracting authorities and e undersigned shall fail to execute a contract and furnish the required Performance, Warranty a Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the che shall be returned to the undersigned. The proceeds of this check shall also become the propertY. f the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days a r the date set for the opening thereof, unless otherwise re- quired by law, and notwithstanding t 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.) l'\ •+' Revised 1/30/13 Contract No. PVVS14-38PKS 11 of 123 BIDDER'S BOND TO ACCOMPANY PROPOSAL CALAVERA HILLS AND STAGECOACH COMMUNITY PARKS ATHLETIC FIELDS LIGHTING RETROFITS CONTRACT NO. PWS14-38PKS KNOW ALL PERSONS BY THESE PRESENTS: TRAVELERS CASUALTY AND SURETY That we, ACE ELECTRIC, INC. , as Principal, and COMPANY OF AMERICA , 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) TENPERCENTOFGREATERAMOUNTBID 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: CALAVERA HILLS AND STAGECOACH COMMUNITY PARKS ATHLETIC FIELDS LIGHTING RETROFITS CONTRACT NO. PWS14-38PKS 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. l" •+F Revised 1/30/13 Contract No. PINS14-38PKS BEST COPY 12 of 123 '"-"', . '' 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. Executed by PRINCIPAL this 21ST day of ___ A_UG_U_S_T ____ , 20 14 . PRINCIPAL: ACE ELECTRIC, INC. Executed by SURETY this 21ST day of AUGUST , 20~. (name of~ Princi ~I) By: -~=Jb~~~~----- (sign h, re) ) SURETY: JEFFREY /A. HINDS (print name here) PRESIDENT (Title and Organization of Signatory) SECRETARY (title and organization of signatory) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (name of Surety) P.O. BOX 601071 SAN DIEGO, CA 92160-1071 (address of Surety) MARK D. IATAROLA, ATTORNEY-IN-FACT (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL 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 JD.(JJttog¢ -l\ •fi Revised 1/30/13 13 of 123 t I CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California } SS. County of San Diego On August 25, 2014 Before Me c. Powell ,a Notary Public Name of Notary Public Personally Appeared Jeffrey A. Hinds Notary Stamp Name(s) of Signer(s) 0 Proved to me on the basis of satisfactory evidence To be the person(s) whose name(s) is I are subscribed to the within instrument and acknowledged to me that he I she I they executed the same in his I her I their authorizedcapacity(ies) and that by his I her I their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. License Number Expires #1845097 4-17-2017 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title our Type of Document: Document Date: __________________________________ Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name: 0 Individual: Ocorporate Officer-Title(s): D Partner -D Limited [)3eneral 0Attorney-in-fact 0Trustee D Guardian or Conservator Oother: Signer is Representing Right Thumb Print of Signer 1 Right Thumb Print of Signer 2 ' ' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT X-~-~~~~'~''¢-<:><<:x;:~'<X.~~~~~~~~~x:'Z~'Q:.~'@.'%'@.~~~'<X.'¢<.>~~~'%'§<:;g:;~'@:.~'G STATE OF CALIFORNIA County of ______ _cS_A-'-N'-'D::._I=E-"G-'0 ________ } On __ 0_8_/_2--=-1_/_2 0_1_4 ___ before me, ___ ___,G""'L""'EN._,_D""'A'-';-;!:J'::::. R+.:0':'::0':7';fNC':::EY7,=-'=N-:.'O:;:':T!-:'-A:'7R7.::'Y:-,P~U~B~L,_,_I""'C ____ _ Date Here Insert Name and Title of the Officer personally appeared -------"M"'-A-"R-"K--'-=D-'-. ..::_IA-'-'T-'-A.:.:..R_:_:O=-:L=-A-'=~-,;-:-;=:--;-:-,--------------Name(s) of Signer(s) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person~ whose name~ is/aFe subscribed to the within instrument and acknowledged to me that he/sl=te/tl=ley executed the same in his/l=teF/4:1=teir authorized capacity8e&), and that by his/l=ter/4:1=teir signature~ on the instrument the person~. or the entity upon behalf of which the person(&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ----------------------OPTIONAL---------------------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:-------------------------------- Document Date: ____________________ Number of Pages: ________ _ Signer(s) Other Than Named Above: __________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA D Individual D Corporate Officer--Title(s): ________ _ D Partner----D Limited D General Ci1 Attorney in Fact D Trustee D Guardian or Conservator D Other: -------- Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name:. _____________ _ D Individual D Corporate Officer-Title(s):'------------ 0 Partner-D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: -------- Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ~««~'CZ.~'Q:.'Q:.'Q:.~~g,"@;.~~~~'l:'X.~~~~~~~'<X'Q:.'Q:.~'QZ:.'<X~~~~~~~~'G © 2007 National Notary Association • 9350 DeSoto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 WARNING: THIS POWER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER ~ TRAVELERS J POWER OF ATTORNEY Attorney-In Fact No. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 227957 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 0 0 5 8 9 7 3 6 8 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint John G. Maloney, Mark D. latarola, Glenda J. Rooney, Michelle M. Basuil, and Helen Maloney of the City of Escondido , State of California , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this _____ 9_t_h ____ _ of May 2014 State of Connecticut City of Hartford ss. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 0 ~ By: St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company On this the 9th day of May 20 14 , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. Commission expires the 30th day of June, 2016. "'"Marie C. Tetreault, Notary Public 58440-8-12 Printed in U.S.A. WARNING: THIS POWER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Pau.' ;Guardilli! Ipsurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on be of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED , that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal , if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED , that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 21ST ~ ~ day of __ A_U_G_U_ST ___ _ To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 0 ACE ELECTRIC, INC. a California Corooration ACTIONS BY BOARD OF DIRECTORS WITHOUT A MEmNG BY UNANIMOUS CONSENT Pursuant to the California Corporations Code and the Bylaws of Ace Electric, Inc., a California Corporation, ("Corporationn) the undersigned, being all the Directors of the Corporation, hereby unanimously authorize and consent to the following resolution and action of the Board of Directors, without a meeting of the Directors of the Corporation. WHEREAS, the undersigned Directors hereby approve Jeffrey A. Hinds, (President, Secretary and Treasurer) of the Corporation to execute any and all contract documents on behalf of the Corporation. DATED: March 1, 2008 Company Profile ~ CALIFOfWifi i~i,;, DEPARTMEtH OF INSURANCE Company Profile Company Search Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/ Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA ONE TOWER SQUARE HARTFORD, CT 06183 Old Company Names AETNA CASUALTY & SURETY COMPANY OF AMERICA Agent For Service KASHONDA LAWSON C/0 CORPORATION SERVICE COMPANY 2710 GATEWAY OAKS DRIVE, SUITE 150N SACRAMENTO CA 95833 Reference Information I NAIC #: I California Company ID #: I Date Authorized in California: 1131194 112444-8 1107/31/1981 Effective Date 07/01/1997 I I I I License Status: II UNLIMITED-NORMAL I I Company Type: II Property & Casualty I I State of Domicile: II CONNECTICUT I back to top NAIC Group List NAIC Group#: 3548 Travelers Grp Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER Page 1 of2 https://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyP... 8/26/2014 Company Profile back to top © 2008 California Department of Insurance SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Page 2 of2 https://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyP... 8/26/2014 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor'', "Contract Price", "Contract Unit Price", "Engineer'', "Own Or- ganization", "Subcontractor'', and "Work". Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be performed by forces other than the 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 a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 1 00 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. l' • ., Revised 1/30/13 Contract No. PvVS14-38PKS 14 of 123 Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. l' •+' Revised 1/30/13 Contract No. PVVS14-38PKS 15of123 DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS {To Accompany Proposal) CALAVERA HILLS AND STAGECOACH COMMUNITY PARKS ATHLETIC FIELDS LIGHTING RETROFITS CONTRACT NO. PWS14-38PKS 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 41 00 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 ($1 0,000), 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 Amount of Subcontractor's Work by Sub- Subcontractor Name and License No. and contractor in Portion of Work Location of Business Classification* Dollars* /'lt:nJr Page __ I_ of_/_ pages of this Subcontractor Designation form • Pursuant to section 4104 (a)(2)(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." l'\ •+' Revised 1/30/13 Contract No. FWS14-38PKS 16 of 123 I lfl BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) CALAVERA HILLS AND STAGECOACH COMMUNITY PARKS ATHLETIC FIELDS LIGHTING RETROFITS CONTRACT NO. PWS14-38PKS 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 Con-Amount tract Com-Name and Address Name and Phone No. of Con- pleted of the Employer of Person to Con-Type of Work tract tract see .t I f "/&C-f+ftl. l' • ., Revised 1/30/13 Contract No. PvVS14-38PKS 17 of 123 - I Project Name Rancho Bernardo Park Community Park Softball Field Santana HS Tennis Courts Hospital Football Field 14-Area Baseball Field Canyon Crest Academy Sweetwater High School UCSD Soccer Field Miramar Youth Complex Boysen Park Rancho Community Church USD Fowler Park & Torero Field Rincon Baseball Field #1 Etiwanda Sports Park Santiago High School Expansion Cabrillo Ballfield CSU Northridge Willard Intermediate School Rancho Community Church Scoreboard General Contractor/Owner PAL General Engineering City of Buenaventura City of Santee MCCS Camp Pendleton MCCS Camp Pendleton Byram-Davey, Inc. Byram-Davey, Inc. UCSD Musco Sports Lighting Musco Sports Lighting Musco Sports Lighting Musco Sports Lighting Musco Sports Lighting City of Rancho Cucamonga West Coast Air Conditioning City of Santa Barbara OHNO Construction Santa Ana Unified School District Rancho Community Church Ace E/,C ',Inc. Sports Lighr. ."roject List Completed in Past 10 Years Project Description Sports Field Lighting Sports Lighting Tennis Court Lighting Control Football Sports Lighting Baseball Field Lighting Sports Field Renovation Sports Field Lighting Soccer Field Sports Lighting Sports Lighting Sports Lighting Sports Lighting Sports Lighting Sports Field Lighting Sports Lighting Retrofit Sports Lighting Replace Softball Field Lighting Sports Field Lighting Sports Field Lighting Scoreboard Installation P.O. Box 601071 San Diego, CA 92160 Tel (619) 521-9740 Fax (619) 521-9742 ( Reference Contract Date Name Tele# Amount Completed Safi Khader (858) 638-7100 s 219,206 2014 Mark Garcia (805) 654-7897 s 232,000 2014 Sue Richardson (619) 258-4100 s 10,500 2013 Steve Petzold (760) 763-2475 s 298,500 2013 Steve Petzold (760) 763-2475 s 258,890 2013 Steve Davey (858) 513-7199 s 64,700 2013 Steve Davey (858) 513-7199 s 51,500 2013 Nicole Kirk (858) 822-1852 s 40,292 2013 Michael Marchetti (949) 754-0503 s 42,000 2013 Michael Marchetti (949) 754-0503 s 12,400 2013 Michael Marchetti (949) 754-0503 s 17,000 2013 Michael Marchetti (949) 754-0503 s 17,235 2013 Michael Marchetti (949) 754-0503 s 39,800 2013 Ken Fung (909) 477-2730 s 93,500 2013 John Krueger (619) 561-8000 s 3,750 2013 Jim Britsch (805) 564-5456 s 87,847 2013 Jeff Byerly (909) 356-5672 s 395,500 2013 Jason Park (714) 438-9846 s 190,000 2013 Gary Barry (951) 303-6789 s 14,907 2013 Project Name General Contractor/Owner St. Paul High School OHNO Construction University City HS Stadium Lighting Byram-Davey, Inc. Duarte High School Byram-Davey, Inc. Otay Ranch HS-Track lmproveme1 Byram-Davey, Inc. Point Lama High School Byram-Davey, Inc. Otay Ranch High School Sweetwater School District San Ysidro High School Sweetwater School District Hilltop High School Western Rim Constructors Dwight Murphy Park City of Santa Barbara Santana High School Musco Sports Lighting Retrofit Otay & San Ysidro Musco Sports Lighting Vista Bahia Musco Sports Lighting Kit Carson Park Musco Sports Lighting La Pata Vista ValleyCrest Landscape Development Palm Desert High School Desert of the Sands Unified Taft High School Taft Unified School District Arbolitos Sports Field Fordyce Construction Epicenter Quake Stadium Lighting City of Rancho Cucamonga 11 Area Soccer Field MCCS Camp Pendleton Ace Elf ·", Inc. Sports Lighh _ ?roject List Completed in Past 10 Years Project Description Sports Field Renovation Staduim Lighting Football Field Lighting Football Field Track Improvements Football Field Improvements Light Pole Replacement Light Pole Replacement Baseball Field Upgrades Softball Field Lighting Replacement Football Sports Lighting Retrofit Sports Lighting Baseball Field Lighting Sports Lighting Lighting Retrofit Sports Lighting/Electrical Distribution Sports Lighting Soccer Field Lighting, Service Upgrade Sports Lighting Sports Lighting Retrofit Sports Lighting P.O. Box 601071 San Diego, CA 92160 Tel (619) 521-9740 Fax (619) 521-9742 Reference Contract Date Name Tele# Amount Completed Dar New (909) 356-5672 $ 31,575 2013 Steve Davey (858) 513-7199 $ 723,000 2012 Steve Davey (858) 513-7199 $ 732,069 2012 Steve Davey (858) 513-7199 $ 4,000 2012 Steve Davey (858) 513-7199 $ 26,350 2012 Russ Decker (619) 585-4439 $ 97,100 2012 Russ Decker (619) 585-4439 $ 75,400 2012 Ray Byrom (760) 489-4328 $ 31,800 2012 Patrick Shanahan (805) 564-5456 $ 196,800 2012 Michael Marchetti (949) 754-0503 $ 25,200 2012 Michael Marchetti (949) 754-0503 $ 5,793 2012 Karin Pekala (949) 754-0503 $ 80,200 2012 Karin Pekala (949) 754-0503 $ 33,600 2012 John Lisbeth (714) 493-5787 $ 1,372,323 2012 Jim Twyford (909) 376-7591 $ 2,008,108 2012 Craig Arnall (661) 979-5232 $ 389,000 2012 Brian Fordyce (619) 449-4272 $ 329,823 2012 Bill Kittridge (909) 477-2730 $ 549,000 2012 Amanda Gillam (760) 725-1174 $ 280,645 2012 l" Project Name General Contractor/Owner Aztrack Parking Structure San Diego State University Triton Baseball Field UCSD Vista High School Byram-Davey, Inc. Coronado Middle School Coronado Unified School District Kit Carson Park Musco Sports Lighting Valhalla High School South Coast Pool Plastering Meadowbrook Middle School Byram-Davey, Inc. Bill Botts Park City of Culver City Northside Park City of Azusa Santee Town Center Park Western Rim Constructors Montclair High School Chaffey Joint Union High School District Kit Carson Musco Sports Lighting Mesa College Musco Sports Lighting El Camino High School Musco Sports Lighting Brawley High School Musco Sports Lighting UCSD Parking Structure Bomel Construction Practice Field College of the Desert Villa Park City of Pasadena ace Softball Field Orange Coast College District CW Driver-CM Ace Elf! c Inc. Sports Light't. roject List Completed in Past 10 Years Project Description Soccer Field Sports Lighting Sports Lighting and Electrical Distribution Electrical for Stadium Replace Sports Lighting Sports Lighting Musco Sports Lighting Sports Lighting Sports Lighting Sports Lighting and Electrical Distribution Sports Lighting/Electrical Distribution/Building Electrical Sports Lighting/Electrical Distribution Sports Lighting Sports Lighting Sports Lighting Sports Lighting Sports Lighting Pole Sports Lighting Sports Lighting Retrofit Site Electrical Distribution P.O. Box 601071 San Diego, CA 92160 Tel (619) 521-9740 Fax (619) 521-9742 Reference Contract Date Name Tele# Amount Completed AI Martin (619) 594-1700 $ 267,500 2012 Subhash Nangia (858) 583-3909 $ 488,285 2011 Steve Davey (858) 513-7199 $ 18,225 2011 Mike Matalon (858) 483-6587 $ 98,500 2011 Michael Marchetti (949) 754-0503 $ 28,500 2011 Giorgio Quintero (619) 561-4898 $ 29,448 2011 Steve Davey (858) 513-7199 $ 120,000 2010 Sammy Ramo (310) 253-5619 $ 255,000 2010 Roy Chavez (626) 812-5259 $ 224,500 2010 Ray Byrom (760) 489-4328 $ 2,530,000 2010 Mike Brummel (909) 460-5615 $ 358,885 2010 Michael Marchetti (949) 754-0503 $ 66,160 2010 Michael Marchetti (949) 754-0503 $ 37,500 2010 Michael Marchetti (949) 754-0503 $ 12,400 2010 Michael Marchetti (949) 754-0503 $ 21,300 2010 Kasey Shay (714) 921-1660 $ 9,800 2010 Jeremy Beyer (310) 606-1714 $ 217,500 2010 Jeff Kuhn (310) 744-7389 $ 53,400 2010 Donny Dymond (949) 261-5100 $ 129,500 2010 Project Name General Contractor/Owner Orleck Field Lincoln Military Housing Damato field Musco Sports Lighting Vista Sports Park Lusardi Construction Company Sports Park Way Lusardi Construction Company Oceanside High School Rudolph & Sletten Mesa College Hardscape Alvand Construction Redondo High School Redondo Beach Unified School District Mesa College Athletic Facility Byram-Davey, Inc. CanyonSide Park Heffler Company Kearny Mesa Softball Musco Sports Lighting La Jolla Country Day La Jolla Country Day School Village at the Park ValleyCrest Landscape Development Montanoso/Sierra Recreation City of Mission Viejo Centers Recreation Park City of El Segundo Independence High School Kern High School District Mira Monte High School Kern High School District Memorial Park City of Azusa Granite Hills High School Dugouts Apple Valley Unified School District and Sports Lighting Orange Terrace Western Rim Contractors AceEIJ ; Inc. Sports Lighting Project List Completed in Past 10 Years Project Description Replace Sports Lighting Poles Upgrade Sports Lighting and Power Sports Lighting/Electrical Distribution/Building Electrical Sports Lighting/Electrical Distribution/Building Electrical Football Field Lighting and Electrical Systems Sports Lighting Panel Upgrade Athletic Fields Electircal & Lighting Site Distribution & Lighting Sports Lighting Sports Lighting Sports Lighting Sports Lighting/Electrical Distribution Tennis Court Lighting Sports Lighting Sports Lighting and Electrical Distribution Sports Lighting Sports Lighting/Electrical Distribution Sports Lighting/Field Dugouts Sports Lighting/Eiectrica I Distribution P 0. Box 601071 San Diego, CA 92160 Tel (619) 521-9740 Fax (619) 521-9742 r f Reference Contract Date Name Tele# Amount Completed Dan Murphy $ 14,500 2010 Dale Terrell (949) 754-0503 $ 32,200 2010 Clint Fowler (760) 744-3133 $ 1,100,000 2010 Clint Fowler (760) 744-3133 $ 135,000 2010 Chris Jadwin (858) 259-6262 s 1,053,830 2010 Chris Ashtari (858) 668-2830 s 19,200 2010 Chase Lowary (858) 385-8200 s 1,085,000 2010 Steve Davey {858) 513-7199 s 89,500 2009 Pat Heffler (619) 336-0800 s 59,500 2009 Michael Marchetti (949) 754-0503 s 18,000 2009 Mark Marcus {858) 453-3440 s 38,400 2009 John Lisbeth (714) 493-5787 s 2,512,000 2009 David Cendejas (949) 470-3061 s 168,400 2009 Daniel Garcia (310) 524-2358 s 265,000 2009 Bart Huffman (661) 827-3122 s 367,000 2009 Bart Huffman (661) 827-3122 s 270,000 2009 Roy Chavez {626) 812-5259 s 198,600 2008 Roger Abreo (760) 955-2446 s 735,000 2008 Ray Byrom ( 760)489-4328 s 400,000 2008 Project Name Landes & Bishop Parks Hollandia Park Gayle McCandless Park Los Osos High School Sunbean Park Ballfield Lighting Carlson Park Recreation Park California Oaks Park Fletcher Cove Park Warren Field Sports Lighting Fallbrook High School Diamond Valley Soccer Fields Golden Valley High School Football Field Lighting Marna O'Brien Park Mance Buchanan Park San Jacinto Cabrillo Recreation Center El Capitan High School Granite Hills High School General Contractor/Owner City of Oceanside Heffler Company HTA Development Chaffey Joint Union High School District Imperial County Planning & Development C.J. Tech Construction City of El Segundo City of Murrieta Sierra Pacific West University California, San Diego Byram-Davey, Inc. Valley Wide Recreation Kern High School District Western Rim Contractors Western Rim Contractors Affordable Building Services Musco Sports Lighting Grossmont Union High School District Grossmont Union High School District ~ Ace EleL-. .:, Inc. Sports Lighting Project List Completed in Past 10 Years Project Description Sports Lighting Sports Lighting/Electrical Distribution Sports Lighting/Electrical Distribution Sports Lighting/Electrical Distribution Desing/Build Sports Lighting/Electrical Distribution Sports Lighting/Electrical Distribution Sports Lighting/Electrical Distribution Sports Lighting/Electrical Distribution Park Lighting Sports Lighting/Electrical Distribution Sports Lighting/Electrical Distribution Sports Lighting/Electrical Distribution Sports Lighting/Electrical Distribution Sports Lighting I Park Lighting Sports Lighting/Electrical Distribution Sports Lighting & Score Boards Sports Lighting/Electrical Distribution Sports Field Lighting Sports Field Lighting P.O. Box 601071 San Diego, CA 92160 Tel (619) 521-9740 Fax (619) 521-9742 Reference Contract Date Name Tele# Amount Completed Paul Pham (760) 435·5099 $ 145,300 2008 Pat Heffler (619) 336-0800 $ 1,025,000 2008 Morey Rahimi (858) 486-3240 $ 31,300 2008 Mike Brummel (909) 460-5615 $ 1,100,000 2008 Jurg Heuberger (760) 482-4236 $ 475,000 2008 James Cho (213) 480-1504 $ 343,200 2008 Daniel Garcia (310) 524-2358 $ 160,000 2008 Bob Kost (909) 304-2489 $ 123,000 2008 Tom Brown (760) 599-0755 $ 193,300 2007 Subash Nangia (858) 534-2982 $ 555,000 2007 Steve Davey (619) 644-8142 $ 784,000 2007 Sam Goepp (951) 654-1505 $ 2,097,500 2007 Richard Ruiz (661) 827-3122 $ 215,000 2007 Ray Byrom (760)489-4328 $ 885,000 2007 Ray Byrom (760)489-4328 $ 1,170,000 2007 Mike Yackovich (951) 654-9850 $ 212,510 2007 Michael Marchetti (949) 754-0503 $ 9,360 2007 Matt Gates (619) 644-8142 $ 460,000 2007 Matt Gates (619) 644-8142 $ 494,700 2007 , Project Name Grossmont High School lincoln High School Chino Hills Demo Abraham lincoln Elementary Soccer Fields Santa Barbara City College SDSU Aqua Plex Chino Hills Community Park/Euclyptus Ave. Expansion North Park Community Park Sabre Springs Little League Mohave Valley High Schools Imperial Beach Sports Park Montgomery Waller lpai Tipai Sports Field UCSD Pool Lighting Ph. II Frances Parker Controls San Dieguito Academy Palomar College Mater Dei-Chula Vista Scripps Ranch Middle School General Contractor/Owner Grossmont Union High School District San Diego Unified School District City of Chino Hills AYSO Compass Energy Solutions PCL Construction City of Chino Hills City of San Diego Sabre Springs Park & Recreation Colorado Unified High School District City of Imperial Beach Musco Sports lighting Musco Sports Lighting Musco Sports Lighting Musco Sports Lighting Musco Sports Lighting Musco Sports Lighting Musco Sports Lighting Musco Sports Lighting Ace Ell( .Inc. Sports Light: roject List Completed in Past 10 Years Project Description Sports Field Lighting Sports lighting/Electrical Distribution Demolition of Sports Lighting Sports lighting/Electrical Distribution Sports Lighting/Electrical Distribution Electrical for SDSU Swimming Pool Complex Sports Field Lighting/Park Lighting/ Street Lights Sports Lighting/Electrical Distribution Sports Lighting/Electrical Distribution Sports Lighting/Electrical Distribution Sports Lighting/Electrical Distribution Sports Lighting/Electrical Distribution Sports Lighting/Electrical Distribution Sports Lighting/Electrical Distribution Sports Lighting/Electrical Distribution Sports Lighting/Electrical Distribution Sports Lighting/Electrical Distribution Sports Lighting/Electrical Distribution Sports Lighting/Electrical Distribution P.O. Box 601071 San Diego, CA 92160 Tel (619) 521-9740 Fax (619) 521-9742 ,. ( Reference Contract Date Name Tele# Amount Completed Matt Gates (619) 644-8142 $ 543,000 2007 Kathy Moroz (619) 527-5126 $ 298,740 2007 John Marshall (909) 364-2600 $ 80,150 2007 Gary Wright (949) 400-5859 $ 68,100 2007 Fred Ghahramani (866) 867-8328 $ 62,806 2007 Frank Masuhara (858) 657-3400 $ 375,000 2007 Charles Brown (858) 231-3145 $ 1,960,000 2007 Butch Martin (858) 495-4733 $ 396,000 2007 Brad Holm (858) 395-0406 $ 4,950 2007 Bob Owens (928) 788-1419 $ 927,168 2007 Vicki Madrid (619) 424-2214 $ 2,500 2006 Michael Marchetti (949) 754-0503 $ 115,000 2006 Michael Marchetti (949) 754-0503 $ 20,500 2006 Michael Marchetti (949) 754-0503 $ 8,100 2006 Michael Marchetti (949) 754-0503 $ 3,000 2006 Michael Marchetti (949) 754-0503 $ 14,000 2006 Michael Marchetti (949) 754-0503 $ 24,000 2006 Michael Marchetti (949) 754-0503 $ 16,200 2006 Michael Marchetti (949) 754-0503 $ 10,000 2006 f ~- Project Name Boys & Girls Club of Vista Mater Dei-Santa Ana Steele Canyon Field Lighting La Jolla Country Day Ph. II 4S Ranch High School Pine Ave Aprk YMCA Oceanside High School Lacerne Valley Middle School Los Alamos San Marcos High School Scripps Ranch High School SDSU Baseball Field Expansion Victorville Sports Lighting Poway Community Park Cardiff By the Sea Sports Park Viejas Basketball Court Rancho Community Church UCSD Pool Lighting General Contractor/Owner Musco Sports Lighting Matt Construction Grossmont Union High School District La Jolla Country Day School Valley Crest Landscape Edge Development Cardinal Electric Oceanside Unified School District Lacerne Valley Unififed School District Griffith Company Santa Barbara Unified School District City of San Diego Sierra Pacific West City of Victorville Musco Sports Lighting Musco Sports Lighting Berg Electric/Musco Sports Lighting Musco Sports Lighting Musco Sports Lighting Ace Ele<.ulc, Inc. Sports Lighting Project List Completed in Past 10 Years Project Description Sports Lighting/Electrical Distribution Sports Lighting/Electrical Distribution Sports Lighting/Electrical Distribution Sports Lighting/Electrical Distribution Sports Lighting/Electrical Distribution Sports Lighting/Park Lighting/Electrical Distribution Sports Lighting/Electrical Distribution Sports Lighting/Electrical Distribution Sports Lighting/Electrical Distribution Sports Lighting/Park Lighting/Electrical Distribution Sports Lighting/Electrical Distribution Sports Lighting/Electrical Distribution Sports Lighting/Electrical Distribution Sports Lighting/Electrical Distribution Sports Lighting Sports Lighting Sports Lighting Sports Lighting Sports Lighting/Electrical Distribution P.O. Box 601071 San Diego, CA 92160 Tel (619) 521-9740 Fax (619) 521-9742 ' Reference Contract Date Name Tele# Amount Completed Michael Marchetti (949) 754-0503 $ 59,950 2006 Michael Fedorchek (562) 903-2277 $ 46,300 2006 Matt Gates (619) 644-8142 $ 468,000 2006 Mark Marcus (858) 453-3440 $ 16,500 2006 Ken Stoffel (858) 458-9900 $ 4,350 2006 John Squillance (951) 296-0776 $ 529,000 2006 John Richardson (858) 565-6500 $ 42,000 2006 Joe Phant (909) 356-5672 $ 49,695 2006 Greg Freeman (760) 248-6108 $ 15,200 2006 Dan McGraw (714) 549-2291 $ 1,915,000 2006 Carl Mayrose (805) 963-4331 $ 127,000 2006 Bruce Martinez (858) 538-8204 $ 3,000 2006 Tom Brown (760) 632-0382 $ 1,090,000 2005 Michele Perra (760) 955-5085 $ 180,000 2005 Michael Marchetti (949) 754-0503 $ 26,500 2005 Michael Marchetti (949) 754-0503 $ 205,000 2005 Michael Marchetti (800) 659-0117 $ 19,000 2005 Michael Marchetti (949) 754-0503 $ 28,000 2005 Michael Marchetti (949) 754-0503 $ 12,000 2005 , Project Name General Contractor/Owner Francis Parker Musco Sports Lighting Mission Park Musco Sports Lighting Otay Ranch High School Musco Sports Lighting Brengle Terrace City of Vista La Jolla Country Day La Jolla Country Day School SDSU Tennis Facility Felton Construction Salt Creek Berg Electric Imperial Beach Sports Park City of Imperial Beach Mater Dei High School Byrom Davey Frances Parker Site Lighting Byrom Davey Rancho Penasquitos Skate Park 3-D Enterprises NAS North Island-Baseball Fields Dimensions Construction Canyon View Aquatic Center UCSD Westmoreland Soccer Field Musco Sports Lighting Fances Parker Sports Lighting Musco Sports Lighting Vista Murietta High School Musco Sports Lighting Catherderal High School Musco Sports Lighting 4S Ranch Musco Sports Lighting K-12 Coachella Musco Sports Lighting Ace Elf ,, Inc. Sports Ligh!. . 'roject List Completed in Past 10 Years Project Description Sports Lighting/Electrical Distribution Sports Lighting/Electrical Distribution Sports Lighting/Electrical Distribution Sports Lighting/Electrical Distribution Sports Lighting/Electrical Distribution Rec Building/Tennis Court Lighting & Power Sports Lighting/Electrical Distribution Sports Lighting Sports Lighting Site Lighting/Eelctrical Dsitribution Sports Lighting/Park Lighting/Electrical Distribution Sports Lighting Sports Lighting Sports Lighting Sports Lighting Sports Lighting Sports Lighting 410 Sports Lighting P.O. Box 601071 San Diego, CA 92160 Tel (619) 521-9740 Fax (619) 521-9742 r' Reference Contract Date Name Tete# Amount Completed Michael Marchetti (949) 754-0503 $ 5,800 2005 Michael Marchetti (949) 754-0503 $ 17,900 2005 Michael Marchetti (949) 754-0503 $ 4,500 2005 Matt Atteberry (760) 726-1340 $ 30,000 2005 Mark Marcus (858) 453-3440 $ 52,000 2005 Keith Felton (619) 294-3266 $ 80,000 2005 Andy Kutzner (760) 746-1004 $ 15,000 2005 Vicki Madrid (619) 424-2214 $ 285,500 2004 Steve Davey (858) 513-7199 $ 85,000 2004 Steve Davey (858) 513-7199 $ 122,000 2004 Sean Gabriel (858)272-3191 $ 56,000 2004 Oscar Villafranca (619) 429-5219 $ 285,000 2004 Nicole Kirk (858) 822-1852 $ 50,000 2004 Michael Marchetti (949) 754-0503 $ 16,000 2004 Michael Marchetti (949) 754-0503 $ 15,000 2004 Michael Marchetti (949) 754-0503 $ 32,000 2004 Michael Marchetti (949) 754-0503 $ 13,000 2004 Michael Marchetti (949) 754-0503 $ 62,000 2004 Michael Marchetti (949) 754-0503 $ 17,500 2004 Project Name General Contractor /Owner Dos Pueblos High School Musco Sports Lighting Monte Vista High School Grossmont Union High School District Harveston Ranch Community Park Valley Crest Landscape San Gorgonio Park City of San Clemente Santee Community Park City of Santee Ace Eler;,ric, Inc. Sports Lighting Project List Completed in Past 10 Years Project Description Sports Lighting Sports Lighting Sports Lighting/Park Lighting/Electrical Distribution Sports Lighting Sports Lighting Reference Name Michael Marchetti Jerry Vincent Greg Mettler Greg Deitz Carl Schmitz Telell (949) 754-0503 $ (858)458-9900 $ (858)458-9900 $ (949)361-6154 $ (619) 258-4100 $ Total Value of Sports Lighting Projects Completed in the Past 10 Years $ P 0 Box 601071 San Diego, CA 92160 Tel (619) 521-9740 Fax (619) 521-9742 ( Contract Date Amount Completed 15,000 2004 140,000 2004 520,000 2004 335,000 2004 299,000 2004 45,406,925 r" BIDDER'S CERTIFICATE OF INSURANCE FOR '-' GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION {To Accompany Proposal) CALAVERA HILLS AND STAGECOACH COMMUNITY PARKS ATHLETIC FIELDS LIGHTING RETROFITS CONTRACT NO. PWS14-38PKS 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: I)Q Comprehensive General Liability J6 Automobile Liability 6 Workers Compensation ~ Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. l'\ •+' Revised 1/30/13 Contract No. PVVS14-38PKS 18of123 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY) ~ 7/31/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS "• CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES ,,..,.,. BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~~=~~c;r Nickie Einertson, CISR Hatter, Williams & Purdy Insurance r~~N~n~nl· (760)795-2002 I r..e~. Nnl: (760) 929-0534 2230 Faraday Ave i~~55,neinertson@hwpinsurance.com INSURER(S) AFFORDING COVERAGE NAIC# Carlsbad CA 92008 INSURER A :Golden Eagle Insurance Corp 10836 INSURED INSURER B :State Compensation Ins Fund 113 Ace Electric, Inc. INSURERC: P.O. Box 601071 INSURERD: INSURER E: San Diego CA 92160 INSURERF: COVERAGES CERTIFICATE NUMBER·14-15 AI Master REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED H5REIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE IINSR 1<:11'5%~, ,~ID-6%~ LIMITS LTR WVD POLICY NUMBER GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 r-~~~~~~J0E~~~,;~nce) rX-3MMERCIAL GENERAL LIABILITY $ 100,000 A CLAIMS-MADE [i] OCCUR X y CBP8904704 3/25/2014 3/25/2015 MED EXP (Any one person) $ 5,000 r-- r--PERSONAL & ADV INJURY $ 1,000,000 r-GENERAL AGGREGATE $ 2,000,000 n·L AGGREME LIMIT APnS PER: PRODUCTS -COMP/OP AGG $ 2,000,000 POLICY X ~~~T LOC $ AUTOMOBILE LIABILITY -fE~~~~~~~t)SINGLE LIMIT $ 1 000 000 A X ANYAUTO BODILY INJURY (Per person) $ -ALL OWNED -SCHEDULED ~8833165 3/25/2014 3/25/2015 AUTOS AUTOS X y BODILY INJURY (Per accident) $ --NON-OWNED iP~~~~c~d~gAMAGE HIRED AUTOS AUTOS $ -- Medical payments $ 5 000 UMBRELLA LIAB .M OCCUR EACH OCCURRENCE $ 6,000,000 - A X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 6,000,000 OED I I RETENTION$ X FU8906717 3/25/2014 3/25/2015 $ B WORKERS COMPENSATION X I T~~ir~JI¥s I I OJ~-AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE [!] EL EACH ACCIDENT $ 1 000 000 OFFICER/MEMBER EXCLUDED? N/A 1/1/2014 /1/2015 (Mandatory In NH) 908261414 EL DISEASE-EA EMPLOYEE $ 1 000 000 If yes, describe under 1 000 000 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) City of Carlsbad, its officials, employees and volunteers are named Additional Insured RE: Cal avera Hills and Stagecoach Community Parks Athletic Fields Lighting Retrofits Contract No. PWS14-38PKS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad ACCORDANCE WITH THE POLICY PROVISIONS. 1635 Faraday Avenue Carlsbad, CA 92008 AUTHORIZED REPRESENTATIVE Nickie Digitally signed by Nickie Einertson ON: cn=Nickie Einertson, o, ou, email=neinertson@hwpinsurance. Einertson com,c=US Nickie Einertson, CISR Date: 2014.09.26 14:06:54 ..07'00' ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. INS025 r?o1oo~' n1 ThA 4r.n~n """'" 2ntt lnnn 2rA rAnic:tArAtt n>2rltc: nf 4r.n~n ,,,,, ,,.,., .. Forming a part of Policy Number: CBP 8904704 Coverage Is Provided In GOLDEN EAGLE INSURANCE CORPORATION Named Insured: Agent: ACE ELECTRIC INC HATTER WILLIAMS &PURDY INS MKT Agent Code: 4292779 Agent Phone: (760 )-795-2002 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV-COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule below because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard." This waiver applies only to the person or organization shown in the Schedule below. SCHEDULE Name of Person or Organization: BLANKET APPLIES PER 17-59CGL (06/94) (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement). Copyright, Insurance Services Office, Inc., 1992 CG 24 04 (10/93) INSURED COPY 03/25/2014 8904704 NECLXC1P 1403 PGDM060D J16254 GC3FPPN 00001375 Page 57 c'•N'• - F ormmg a pa rt f 0 Policy Number: CBP8904704 Coverage Is Provided In GOLDEN EAGLE INSURANCE CORPORATION Named Insured: Agent: ACE ELECTRIC INC HATTER WILLIAMS &PURDY INS MKT Agent Code: 4292779 Agent Phone: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: ALL NAMED INSURED'S PROJECTS. (760)-795-2002 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement). A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard," and for medical expenses under COVERAGE C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits." 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. CG 25 03 (03/97) Copyright, Insurance Services Office, Inc., 1996 INSURED COPY 03/25/2014 8904704 NECLXC1P 1403 PGDM060D J16254 GC3FPPN 00001377 Page 59 B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Limits Of Insurance (SECTION Ill) not otherwise modified by this endorsement shall continue to apply as stipulated. CG 25 03 (03/97) 03/25/2014 8904704 Copyright, Insurance Services Office, Inc., 1996 INSURED COPY NECLXC1P 1403 PGDM060D J16254 GC3FPPN 00001378 Page 60 Forming a part of Policy Number: CBP8904704 Coverage Is Provided In GOLDEN EAGLE INSURANCE CORPORATION ,,,,.. ~amed Insured: ·~,.. Agent: ACE ELECTRIC INC HATTER WILLIAMS &PURDY INS MKT Agent Code: 4292779 Agent Phone: (760)-795-2002 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS-SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) I Or Organization(s): Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION WHEN YOU AND SUCH PERSON OR ORGANIZATION HAVE AGREED IN WRITING IN A CONTRACT, AGREEMENT OR PERMIT THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY TO PROVIDE INSURANCE SUCH AS IS AFFORDED UNDER THIS COVERAGE PART. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. © ISO Properties. Inc., 2004 CG 2010 07 04 Page 1 of 1 03/25/2014 8904704 NECLXC1P1403 PGDM060D J16254 GC3FPPN 00001379 Page 61 F ormmga pa rt f 0 Policy Number: CBP 8904704 Coverage Is Provided In GOLDEN EAGLE INSURANCE CORPORATION . ..._. Named Insured: Agent: .. . ACE ELECTRIC INC HATTER WILLIAMS &PURDY INS MKT Agent Code: 4292779 Agent Phone: (760)-795-2002 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS- COMPLETED OPERATIONS-ARISING OUT OF YOUR WORK This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Section II -Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products-completed operations hazard". SCHEDULE Name of Person or Organization: Location And Description of Completed Operations: Additional Premium: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Includes copyrighted material of Insurance Services Office Inc .. with its permission. 22-170 (04/11) INSURED COPY 03/25/2014 8904704 NECLXC1P 1403 PGDM060D J16254 GC3FPPN 00001381 Page 63 Forming a part of "' ,Y Policy Number: CBP8904704 Coverage Is Provided In GOLDEN EAGLE INSURANCE CORPORATION Named Insured: Agent: ACE ELECTRIC INC HATTER WILLIAMS &PURDY INS MKT Agent Code: 4292779 Agent Phone: (760)-795-2002 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS-COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION WHEN YOU AND SUCH PERSON OR ORGANIZATION HAVE AGREED IN WRITING IN A CONTRACT, AGREEMENT OR PERMIT THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADD'L INSURED ON YOUR POLICY TO PROVIDE INSURANCE SUCH AS IS AFFORDED UNDER THIS COVERAGE PART Location And Description Of Completed Operations: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. ©ISO Properties, Inc., 2004 CG 20 37 (07/04) INSURED COPY 03/25/2014 8904704 NECLXC1P 1403 PGDM060D J16254 GC3FPPN 00001385 Page 67 STATE L. 1--' r-,...1 t--", ::-~~ ~) r-... I t" c: t -< .:.... '-J - UNO HOME OFFICE WAIVER OF SUBROGATION BLANKET BASIS REP 04 9082614-1. NEW SP 3-38-28..:..45 SAN FRANCISCO EFFECTIVE JANUARY 1, 2014 AT 12.01 A.M. PAGE 1 OF ALL EFFECTIVE DATES ARE AND EXPIRING JANUARY 1, 2015 AT 12. 01 A.M. AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME ACE ELECTRIC INC 6061 FAIRMONT AVENUE SAN DIEGO, CA 92120 WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR TIUS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER JOB DESCRIPTION BLANKET WAIVER OF SUBROGATION NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN .THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: JANUARY ~~q 1, 2o~rL PRESIDENT AND CEO 1 2572 Policy# CBP8904704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL LIABILITY GOLD ENDORSEMENT-CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I -COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions Item 2.g. 2.g. 2) is replaced with the following: 2) a watercraft you do not own that is: a) less than 50 feet long; and b) Not being used to carry persons or property for a charge. Item 2.g. 6) is added: 6) An aircraft in which you have no ownership interest and that you have chartered with crew. The last paragraph of 2. Exclusions is replaced with the following: Exclusions c. through n. do not apply to damage by fire, explosion, sprinkler leakage, or lightning to premises while rented to you, temporarily occupied by you with the permission of the owner, or managed by you under a written agreement with the owner. A separate limit of insurance applies to this coverage as described in Section Ill-Limits of Insurance. SECTION I -COVERAGES COVERAGE C. MEDICAL PAYMENTS If Medical Payments Coverage is provided under this policy, the following is changed: 3. Linits The medical expense limit provided by this policy shall be the greater of: a. $10,000; or b. The amount shown in the declarations. Coverage C. Medical Payments is primary and not contributing with any other insurance, even if that other insurance is also primary. The following is added: COVERAGE D. PRODUCT RECALL NOTIFICATION EXPENSES Insuring Agreement We will pay "product recall notification expenses" incurred by you for the withdrawal of your products, provided that: a. Such withdrawal is required because of a determination by you during the policy period, that the use or consumption of your products could result in "bodily injury" or "property damage"; and b. The "product recall notification expenses" are incurred and reported to us during the policy period. The most we will pay for "product recall notification expenses" during the policy period is $100,000. SUPPLEMENTARY PAYMENTS-COVERAGES A AND B Item b. and d. are replaced with: b. The cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit" including actual loss of earnings up to $500 a day because of time off from work. Includes copyrighted material of Insurance Services Offices Inc., with its permission. GECG 970 (01/11) Page 1 of4 SECTION II -WHO IS AN INSURED Item 4. is replaced with: 4. Any subsidiaries, companies, corporations, firms, or organizations you acquire or form during the policy period over which you maintain a controlling interest of greater than 50% of the stock or assets, will qualify as a Named Insured if: a) you have the responsibility of placing insurance for such entity; and b) coverage for the entity is not otherwise more specifically provided; and c) the entity is incorporated or organized under the laws of the United States of America. However; coverage under this provision does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the entity, or "personal injury" or "advertising injury" arising out of an offense committed before you acquired or formed the entity. Coverage under this provision is afforded only until the end of the policy period, or the twelve (12) month anniversary of the policy inception date whichever is earlier. SECTION Ill-LIMITS OF INSURANCE Paragraph 2. is amended to include: The General Aggregate Limit of Insurance applies separately to each "location" owned by you, rented to you, or occupied by you with the permission of the owner. Paragraph 6. is replaced with the following: 6. Subject to 5. above, the Fire Damage Limit is the most we will pay under Coverage A for damages because of "property damage" to premises while rented to you, temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner, arising out of any one fire, explosion or sprinkler leakage incident. The Fire Damage Limit provided by this policy shall be the greater of: a. $500,000 or b. The amount shown in the Declarations. SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS Item 2. a. is replaced with: 2. Duties In The Event of Occurrence, Offense, Claim or Suit a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the "occurrence", offense, claim, or "suit". Knowledge of an "occurrence", offense, claim or "suit" by other employee(s) does not imply you also have such knowledge. To the extent possible, notice to us should include: 1) How, when and where the "occurrence" or offense took place; 2) The names and addresses of any injured persons and witnesses; and 3) The nature and location of any injury or damage arising out of the "occurrence", offense, claim or "suit". Item 4. b. 1) b) is replaced with: b. Excess Insurance 1) b) That is Fire, Explosion or Sprinkler Leakage insurance for premises while rented to you, temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner; or Item 6. is amended to include: 6. Representations d. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. Includes copyrighted material of Insurance Services Offices Inc., with its permission. GECG 970 (01/11) Page 2 of4 Item 8. is replaced with: 8. Transfer of Rights Of Recovery Against Others To Us a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. b. If required by a written "insured contract", we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under that written "insured contract" for that person or organization and included in the "products-completed operations hazard". Item 10. and Item 11. are added: 1 0. Cancellation Condition If we cancel this policy for any reason other than nonpayment of premium we will mail or deliver written notice of cancellation to the first Named Insured at least 60 days prior to the effective date of cancellation. 11. Liberalization If we adopt a change in our forms or rules which would broaden your coverage without an extra charge, the broader coverage will apply to this policy. This extension is effective upon the approval of such broader coverage in your state. SECTION V-DEFINITIONS The following definitions are added or changed: 9. "Insured contract" a. Is changed to: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, explosion or sprinkler leakage to premises while rented to you, or temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner is not an "insured contract". 23. and 24. are added: 23. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 24. "Product recall notification expenses" means the reasonable additional expenses (including, but not limited to, cost of correspondence, newspaper and magazine advertising, radio or television announcements and transportation cost), necessarily incurred in arranging for the return of products, but excluding costs of the replacement products and the cash value of the damaged products. The following Provisions are also added to this Coverage Part: A. ADDITIONAL INSUREDS-BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under SECTION II -WHO IS AN INSURED is amended to include as an insured any person or organization when you and such person or organization have agreed in writing in a contract, agreement or permit that such person or organization be added as an additional insured on your policy to provide insurance such as is afforded under this Coverage Part. Such person or organization is not entitled to any notices that we are required to send to the Named Insured and is an additional insured only with respect to liability arising out of: a. Your ongoing operations performed for that person or organization; or b. Premises or facilities owned or used by you. With respect to provision 1.a. above, a person's or organization's status as an insured under this endorsement ends when your operations for that person or organization are completed. With respect to provision 1.b. above, a person's or organization's status as an insured under this endorsement ends when their contract or agreement with you for such premises or facilities ends. Includes copyrighted material of Insurance Services Offices Inc., with its permission. GECG 970 (01/11) Page 3 of4 2. This endorsement provision A does not apply: a. Unless the written contract or agreement has been executed, or permit has been issued, prior to the "bodily injury", "property damage" or "personal and advertising injury"; b. To "bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, in the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project; c. To the rendering of or failure to render any professional services including, but not limited to, any professional architectural, engineering or surveying services such as: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; d. To "bodily injury", "property damage" or "personal and advertising injury" arising out of any act, error or omission that results from the additional insured's sole negligence or wrongdoing; e. To any person or organization specifically designated an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement issued by us and made a part of this policy B. PRIMARY NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION Condition 4. Other Insurance of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a. The following is added to paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written "construction contract" to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. For the purposes of this endorsement, "construction contract" means a written contract or written agreement other than a premises lease, facilities rental contract or agreement, an equipment rental or lease agreement, or a permit issued by a state, county, municipality or other governmental authority. b. The following is added to paragraph b. Excess Insurance: (3) Except as specified in paragraph a., above, any other insurance in which a party who is an additional insured hereunder is designated as a Named Insured. Regardless of the terms of any written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured. Includes copyrighted material of Insurance Services Offices Inc., with its permission. GECG 970 (01/11) Page 4 of4 Policy Number: BA8833165 COMMERCIAL AUTO GOLD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION II • LIABILITY COVERAGE A. COVERAGE 1. WHO IS AN INSURED The following is added: d. Any organization, other than a partnership or joint venture, over which you maintain ownership or a majority interest on the effective date of this Coverage Form, if there is no similar insurance available to that organization. e. Any organization you newly acquire or form other than a partnership or joint venture, and over which you maintain ownership of a majority interest. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization; or {2) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. f. Any volunteer or employee of yours while using a covered "auto" you do not own, hire or borrow in your business or your personal affairs. Insurance provided by this endorsement is excess over any other insurance available to any volunteer or employee. g. Any person, organization, trustee, estate or governmental entity with respect to the operation, maintenance or use of a covered "auto" by an insured, if: GECA 701 (Ol/07) (1) You are obligated to add that person, organization, trustee, estate or governmental entity as an additional insured to this policy by: (a) an expressed provision of an "insured contract", or written agreement; or (b) an expressed condition of a written permit issued to you by a governmental or public authority. (2) The "bodily injury" or "property damage" is caused by an "accident" which takes place after: (a) You executed the "insured contracf' or written agreement; or (b) the permit has been issued to you. Includes copyrighted material oflnsurance Services Offices, Inc. with Its permission Pagel of 4 2. COVERAGE EXTENSIONS a. Supplementary Payments. Subparagraphs (2) and (4) are amended as follows: (2) Up to $2500 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "Insured" at our request, including actual loss of earning up to $500 a day because of time off from work. SECTION Ill -PHYSICAL DAMAGE COVERAGE A. COVERAGE The following is added: 5. Hired Auto Physical Damage a. Any "auto" you lease, hire, rent or borrow from someone other than your employees or partners or members of their household is a covered "auto" for each of your physical damage coverages. b. The most we will pay for "loss" in any one "accident" is the smallest of: (1) $50,000 (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. If you are liable for the "accident", we will also pay up to $500 per "accident" for the actual loss of use to the owner of the covered "auto". c. Our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by an amount that is equal to the amount of the largest deductible shown for any owned "auto" for that coverage. However, any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. d. For this coverage, the insurance provided is primary for any covered "auto" you hire without a driver and excess over any other collectible insurance for any covered "auto" that you hire with a driver. 6. Rental Reimbursement Coverage We will pay up to $75 per day for up to 30 days, for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for a period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered "auto". GECA 701 (01/07) Includes copyrigbled material oflnsurance Services Offices, Inc. with Its permission If "loss" results from the total theft of a covered •auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under paragraph 4. Coverage Extension. 7. Lease Gap Coverage If a long-term leased "auto" is a covered "auto" and the lessor is named as an Additional Insured - Lessor, In the event of a total loss, we will pay your additional legal obligation to the lessor for any difference between the actual cash value of the "auto" at the time of the loss and the "outstanding balance" of the lease. "Outstanding balance" means the amount you owe on the lease at the time of loss less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; and lease termination fees. B. EXCLUSIONS The following is added to Paragraph 3 The exclusion for "loss" caused by or resulting from mechanical or electrical breakdown does not apply to the accidental discharge of an airbag. Paragraph 4 is replaced with the following: 4. We will not pay for "loss" to any of the following: a. Tapes, records, disks or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. b. Equipment designed or used for the detection or location of radar. c. Any electronic equipment that receives or transmits audio, visual or data signals. Exclusion 4.c does not apply to: (1) Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto"; or (2) Any other electronic equipment that is: (a) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's"operating system; or (b) An integral part of the same unit housing any sound reproducing equipment described in (1) above and permanently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio. D. DEDUCTIBLE The following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. GECA 701 {01/07) Includes copyrighted material of Insurance Services Offices, Inc. with its permission Page 3 of 4 SECTION IV. BUSINESS AUTO CONDITIONS A. LOSS CONDITIONS Item 2.a. and b. are replaced with: 2. Duties In The Event of Accident, Claim, Suit, or Loss a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the accident, claim, "suit", or loss. Knowledge of an accident, claim, "suit", or loss, by other employee(s) does not imply you also have such knowledge. b. To the extent possible, notice to us should include: (1) How, when and where the accident or loss took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the accident or loss. The following is added to 5. We waive any right of recovery we may have against any additional insured under Coverage A. 1. Who Is An Insured g., but only as respects loss arising out of the operation, maintenance or use of a covered "auto" pursuant to the provisions of the "insured contract", written agreement, or permit. B. GENERAL CONDITIONS 9. isadded 9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Your unintentional failure to disclose any hazards existing at the effective date of your policy will not prejudice the coverage afforded. However, we have the right to collect additional premium for any such hazard. COMMON POLICY CONDITIONS 2.b. is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. GECA 701 (01107) Includes copyrighted material or Insurance Services Offices, Inc. with Its permission fage 4 or 4 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) CALAVERA HILLS AND STAGECOACH COMMUNITY PARKS ATHLETIC FIELDS LIGHTING RETROFITS CONTRACT NO. PWS14-38PKS 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? X 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 party debarred agency agency period of debarment period of debarment BY CONTRACTOR: L/t (' g( cf-n ~ , :1Mf! · (name of Contractor) Page _f_ of _I_ pages of this Re Debarment form l' •f' Revised 1/30/13 Contract No. PNS14-38PKS 19of123 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) CALAVERA HILLS AND STAGECOACH COMMUNITY PARKS ATHLETIC FIELDS LIGHTING RETROFITS CONTRACT NO. PWS14-38PKS 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 1 0 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? X 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? X 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 l' •+' Revised 1/30/13 Contract No. PvVS14-38PKS 20of123 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) CALAVERA HILLS AND STAGECOACH COMMUNITY PARKS ATHLETIC FIELDS LIGHTING RETROFITS CONTRACT NO. PWS14-38PKS 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: 4i'c 8/e d-n ~ .:U,c · (name of C ntractor~ By: -:----t!!':.~~~:;=.------ (sign er: ) j-({ctv A. 1-J,~ !f-eJtd~n? (print name/title) Page__!:__ of~ pages of this Disclosure of Discipline form {'\ •+' Revised 1/30/13 Contract No. FWS14-38PKS 21 of 123 NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 CALAVERA HILLS AND STAGECOACH COMMUNITY PARKS ATHLETIC FIELDS LIGHTING RETROFITS CONTRACT NO. PWS14-38PKS The undersigned declares: I am the ff-(JJ(tt ~ of At r flai~t.1nr, 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 )'ytrue and correct a_nd that_ this declaration is executed on kllj u c f .35'+~ , 20 at ~r\]>,t>tJo [c1ty], C!af,.h,rn~ [state]. S;goatu<e ofB~ l'\ • ., Revised 1/30/13 Contract No. FWS14-38PKS 22 of 123 REQUIRED SUBMITTAL INFORMATION CHECKLIST Items below are mandatory, shall comply with the specifications and be submitted according to submittal requirements Tab Item Description A Letter/ Listing of all information being submitted must be included on the table of contents. List the name of the man- Checklist ufacturer's local representative and his/her phone number. B Equipment Drawing(s) showing field layouts with pole locations. Layout Lighting design drawing(s) showing: a. Field Name, date, file number, prepared by, and other pertinent data. b. Outline of field(s) being lighted, as well as pole locations referenced to the center of the field (x & y), Illuminance levels at grid spacing specified. On Field Light-c. Pole height,# of luminaires per pole, as well as luminaire information including wattage, lumens and optics. c ing d. Height of light test meter above field surface. Design e. Summary table showing the number and spacing of grid points; average, minimum and maximum illumi- nance levels in footcandles (fc); uniformity including maximum to minimum ratio, coefficient of variance and uniformity gradient; number of luminaries, total kilowatts, average tilt factor; light loss factor. f. Alternate manufacturers shall provide both initial and maintained light scans using a maximum Recovera- ble Light Loss Factor (RLLF) as specified in section 1. 7. Life-cycle Cost Document life-cycle cost calculations as defined in the specification. Identify energy costs for operating the D Calculation luminaires, maintenance cost for the system including spot lamp replacement, and group relamping costs. All costs should be based on 10 Years. Photometric Provide photometric report for a typicalluminaire used showing candela tabulations as defined by IESNA Pub- E Report lication LM-35-02. Photometric data shall be certified by laboratory with current National Voluntary Laboratory Accreditation Program or an independent testing facility with over 5 years' experience. F Aiming Sum-Document showing each luminaire's aiming angle and the poles on which the luminaries are mounted. Each mary aiming point shall identify the type of luminaire. G Aiming Report Provide test report showing aiming alignment can be maintained to 150 mph winds. Control & Mon-Manufacturer shall provide written definition and schematics for automated control system to include monitor- H itoring System ing. They will also provide examples of system reporting and access for numbers for personal contact to operate the system. I Electrical Dis-If bidding an alternate system, manufacturer must include a revised electrical distribution plan including changes tribution Plans to service entrance, panels and wire sizing, signed by a licensed Electrical Engineer in the state of California. Performance Provide performance guarantee including a written commitment to undertake all corrections required to meet J Guarantee the performance requirements noted in these specifications at no expense to the owner. Light levels must be Manufacturer guaranteed per specification for 10 years. K Warranty Provide written warranty information including all terms and conditions. Manufacturer bidding any form of a constant light system is to provide an independent test report certifying the L Independent system meets the lumen maintenance control strategy defined in Section 1.2.A.1, verifying the field perfor- Testing Report mance of the system for the duration of the useful life of the lamp based on lamp replacement hours. Report shall be signed by a licensed professional engineer with outdoor lighting experience. Contractor shall provide a list of projects where the technology proposed for this project has been installed in Project Refer-the state of California. If any form of a constant light system is bid, a minimum of 3 project references completed M within the last calendar year is required. For a depreciating light system a full list of projects completed within ences the past 3 years is required. Reference list will include project name, project city, and contact name and contact phone number. N Product lnfor-Complete set of product brochures for all components, including a complete parts list and UL Listings. mation 0 Delivery Manufacturer shall supply an expected delivery timeframe from receipt of approved submittals and complete order information. p Non-Compli-Manufacturer shall list all items that do not comply with the specifications. If in full compliance, tab may be ance omitted. The information supplied herein shall be used for the purpose of complying with the specifications for the Stagecoach Community Park athletic fields lighting retrofits. l' • ., Revised 1/30/13 Contract No. FWS14-38PKS 92 of 123 All requirements of the specifications shall be met and the contractor/manufacturer will be responsible for any future costs incurred to bring their equipment into compliance for all items not meeting specifica- tions and not listed in the Non-Compliance section. Contact Name: J.,.,C...-~ ,_;.,,_.., , lll'f.ln"• Slgnatu•e' ~ Date: f' t'LC. t__,_ly,__ __ _ {'\ •+' Revised 1/30/13 Contract No. FWS14-38PKS 93of123 REQUIRED SUBMITTAL INFORMATION CHECKLIST Items below are mandatory, shall comply with the specifications and be submitted according to submittal requirements Tab Item Description A Letter/ Listing of all information being submitted must be included on the table of contents. List the name of the man- Checklist ufacturer's local representative and his/her phone number. B Equipment Drawing(s) showing field layouts with pole locations. Layout Lighting design drawing(s) showing: g. Field Name, date, file number, prepared by, and other pertinent data. h. Outline of field(s) being lighted, as well as pole locations referenced to the center of the field (x & y), Illuminance levels at grid spacing specified. On Field Light-i. Pole height,# of luminaires per pole, as well as luminaire information including wattage, lumens and optics. c ing j. Height of light test meter above field surface. Design k. Summary table showing the number and spacing of grid points; average, minimum and maximum illumi- nance levels in footcandles (fc); uniformity including maximum to minimum ratio, coefficient of variance and uniformity gradient; number of luminaries, total kilowatts, average tilt factor; light loss factor. I. Alternate manufacturers shall provide both initial and maintained light scans using a maximum Recovera- ble Light Loss Factor (RLLF) as specified in section 1. 7. Life-cycle Cost Document life-cycle cost calculations as defined in the specification. Identify energy costs for operating the D luminaires, maintenance cost for the system including spot lamp replacement, and group relamping costs. All Calculation costs should be based on 10 Years. Photometric Provide photometric report for a typicalluminaire used showing candela tabulations as defined by IESNA Pub- E Report lication LM-35-02. Photometric data shall be certified by laboratory with current National Voluntary Laboratory Accreditation Program or an independent testing facility with over 5 years' experience. F Aiming Sum-Document showing each luminaire's aiming angle and the poles on which the luminaries are mounted. Each mary aiming point shall identify the type of luminaire. G Aiming Report Provide test report showing aiming alignment can be maintained to 150 mph winds. Control & Mon-Manufacturer shall provide written definition and schematics for automated control system to include monitor- H itoring System ing. They will also provide examples of system reporting and access for numbers for personal contact to operate the system. I Electrical Dis-If bidding an alternate system, manufacturer must include a revised electrical distribution plan including changes tribution Plans to service entrance, panels and wire sizing, signed by a licensed Electrical Engineer in the state of California. Performance Provide performance guarantee including a written commitment to undertake all corrections required to meet J Guarantee the performance requirements noted in these specifications at no expense to the owner. Light levels must be Manufacturer guaranteed per specification for 10 years. K Warranty Provide written warranty information including all terms and conditions. Manufacturer bidding any form of a constant light system is to provide an independent test report certifying the L Independent system meets the lumen maintenance control strategy defined in Section 1.2.A.1, verifying the field perfor- Testing Report mance of the system for the duration of the useful life of the lamp based on lamp replacement hours. Report shall be signed by a licensed professional engineer with outdoor lighting experience. Contractor shall provide a list of projects where the technology proposed for this project has been installed in Project Refer-the state of California. If any form of a constant light system is bid, a minimum of 3 project references completed M within the last calendar year is required. For a depreciating light system a full list of projects completed within ences the past 3 years is required. Reference list will include project name, project city, and contact name and contact phone number. N Product lnfor-Complete set of product brochures for all components, including a complete parts list and UL Listings. mation 0 Delivery Manufacturer shall supply an expected delivery timeframe from receipt of approved submittals and complete order information. p Non-Compli-Manufacturer shall list all items that do not comply with the specifications. If in full compliance, tab may be ance omitted. The information supplied herein shall be used for the purpose of complying with the specifications for the Calavera Hills Community Park athletic fields lighting retrofits. {'\ •f' Revised 1/30/13 Contract No. PWS14-38PKS 101 of 123 All requirements of the specifications shall be met and the contractor/manufacturer will be responsible for any future costs incurred to bring their equipment into compliance for all items not meeting specifica- tions and not listed in the Non-Compliance section. Contractor: Jfc.r ~IL, ,If.. • Signature: Contact Name: ~,._.., ~ l.lb~, Date: -7 I '24 /___,_(..._'f __ _ l' •+' Revised 1/30/13 Contract No. PvVS14-38PKS 102 of 123 CONTRACT PUBLIC WORKS This agreement is made this <23 y-cf-day of Oa,Tobcr-, 20 ftf, by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"}, and ACE ELECTRIC, INC. whose principal place of business is 6061 Fairmount Ave, San Diego, CA 92120 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: CALAVERA HILLS AND STAGECOACH COMMUNITY PARKS ATHLETIC FIELDS LIGHTING RETROFITS CONTRACT NO. PWS14-38PKS (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Noncollusion Declaration, Designation of Subcontractors, Tech- nical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as 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 9-3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203. ('\ •+'Revised 1/30/13 Contract No. PWS14-38PKS 23 of 123 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 Ill 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 11 01-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for em- ployment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. 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 -~ '-'Revised 1/30/13 Contract No. PWS14-38PKS 24 of 123 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. 9. 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 Insurance: $1 ,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employ- ees are additional insured. b. Business Automobile Liability Insurance: $1 ,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. 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 Insur- ance 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. 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 (1 0) days' prior written notice has been sent to the City by certified mail, return l' •+' Revised 1/30/13 Contract No. PWS14-38PKS 25 of 123 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. 10. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in ac- cordance with the provisions in the Public Contract Code, Division 2,. Part 3, Chapter 1 , Article 1.5 (commencing with section 201 04) which are incorporated by reference. A copy of Article 1.5 is in- cluded in Section 3 of the General Provisions. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). 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 Gov- ernment Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees . . , '-+"Revised 1/30/13 Contract No. PWS14-38PKS 26 of 123 (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 ~~~~~~~-of any disputes between the parties arising out of this agr~eint is San :e;ounty, I have read and understand all provisions of Section 10 above.~ init -4---init 11. 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. 12. 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. 13. 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 . . , '-+'Revised 1/30/13 Contract No. PWS14-38PKS 27 of 123 .. 14. Additional Provisions. Any additional provisions of this agreement are set forth in the "Gen- eral Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: Ate fledv,-v , :Jne. name of Contractor) CITY OF CARLSBAD a municipal corporation of the State of Calfforn;w By: rJJJaif:N~ Mayo 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: !}~J Assis at y AftO'f'ney {'\ •f' Revised 1/30/13 Contract No. PWS14-38PKS 28 of 123 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 personally appeared a SHEllEY COlUNS Commission# 1912114 111ot1ty Pulllic • Clllfomll San Diego County ~IA!Comm. Expires Dec 25.2015 Place Notary Seal Above Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personM whose name~ (gaJ.8' subscribed to the within instrument and acknowledged to me that ~y executed the same in ~ir authorized capaci~). and that by Q~l:lefttfteiT" signature<* on the instrument the person(af, or the entity upon behalf of which the person~ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: -~_!_~a...~44~~F=-.::..-lLJJ--- OPTIONAL----------~~--------- Though the information below is not required by law, it may prove valuable to persons I · g on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached lfli\O,R~~el)t '1-\ .• Title or Type of Document: C.UlU-f.-0 lk :¥V\l SIY-~lS P'LS Document Date IQ)z~J4 _ :. = Number of Pageso 123 Signer(s) Other Than Named Above: ~jd~'--t@.l--!-~-"'fLA.""'--\-~1--"-\.LJXY}L-\,I._S....__ _____________ _ Capacity(ies) Claimed by Signer(s) J Signer's Name: ____________ _ 0 Corporate Officer-Title(s): _______ _ 0 Individual RIGHT THUMBPRINT OF SIGNER 0 Partner-0 Limited 0 General Top of thumb here 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: ________ _ Signer Is Representing: ___ _ Signer's Name: ____________ _ 0 Corporate Officer-Title(s): _______ _ 0 Individual RIGHT THUMBPRINT OF SIGNER 0 Partner-0 Limited 0 General Top of thumb here 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: ________ _ Signer Is Representing: ___ _ © 2010 National Notary Association • NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California } SS. County of San Diego On September 30, 2014 Before Me c. Powell ,a Notary Public Name of Notary Public Personally Appeared Jeffrey A. Hinds Name(s) of Signer(s) W Proved to me on the basis of satisfactory evidence Notary Stamp To be the person(s) whose name(s) is I are subscribed to the within instrument and acknowledged to me that he I she I they executed the same in his I her I their authorizedcapacity(ies) and that by his I her I their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public License Number Expires #1845097 4-17-2017 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title our Type of Document: Document Date: -------------------------------- Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name: D Individual: Ocorporate Officer-Title(s): D Partner-D Limited [J3eneral 0Attorney-in-fact 0Trustee D Guardian or Conservator Oother: Signer is Representing Number of Pages Right Thumb Print of Signer 1 Right Thumb Print of Signer 2 ' . . EXECUTED IN TRIPLICATE BOND NO. 106132290 PREMIUM INCLUDED IN PERFORMANCE BOND LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2014-223, adopted 9/23114, has award~d to ACE ELECTRIC, INC (hereinafter designated as the "Principal"), a Contract for: CALAVERA HILLS AND STAGECOACH COMMUNITY PARKS ATHLETIC FIELDS LIGHTING RETROFITS CONTRACT NO. PWS14-38PKS 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 tenns 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, ACE ELECTRIC, INC., as Principal, (hereinafter designated as the "Con- tractor''}, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA as Surety, are held firmly bound unto the City of Carlsbad in the sum of SIX HUNDRED THIRTY- SEVEN THOUSAND DOLLARS ($637,000), said sum being an amount equal to: One hundred per- cent ( 1 00%) 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 administra- tors, 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. ~ ~Revised 1/30/13 Contract No. PWS1+38PKS 29 of 123 , ..... ':.• 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 __ 26_T_H_ day of ___ S_E_P_T_EM_B_E_R ____ , 20~. CONTRACTOR: ACE ELECTRIC, INC. (print name here) nd organization of signatory) SECRETARY (title and organization of signatory) Executed by SURETY this __ 2_6_TH ___ day of ____ s_E_PT_E_M_B_E_R _____ , 20~. SURETY: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (name of Surety) 21688 GATEWAY CENTER DRIVE : DIAMOND BAR, CA 91765 (address of Surety) 909/612-3647 _,~:eph~ne nu,erp}~!~)) By: ___..:~__.w.u.;A:ul:....lDL-. ~=-.,:._.IV_~___;; __ _ (signature of Attorney-in-Fact) MARK D. IATAROLA, 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: ORevised 1/30/13 Contract No. PWS14-38PKS 30 of 123 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California } SS. County of San Diego On September 30, 2014 Before Me c. Powell ,a Notary Public Name of Notary Public Personally Appeared Jeffrey A. Hinds Name(s) of Signer(s) 0 Proved to me on the basis of satisfactory evidence COMM. #2019968 NOTARY PUBLIC • CALIFORNIA SAN DIEGO COUNTY Commission Expires Apr. 17, 2017 Notary Stamp To be the person(s) whose name(s) is I are subscribed to the within instrument and acknowledged to me that he I she I they executed the same in his I her I their authorizedcapacity(ies) and that by his I her I their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TV OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public License Number Expires #1845097 4-17-2017 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title our Type of Document: Document Date: __________________________________ Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name: D Individual: Ocorporate Officer-Title(s): 0Partner-Olimited General D Attorney-in-fact 0Trustee 0Guardian or Conservator Oother: Signer is Representing Right Thumb Print of Signer 1 Right Thumb Print of Signer 2 ' . c CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT :~~~~~~~x:x:.~~~~~~~~'¢<.."Q:.~'?i%~'@3.~~~~~~~~~~~~~~ STATE OF CALIFORNIA County of ______ _::S:.:.A_::_N:._:D=IE:.::G:..::O:__ _______ } On __ 09_/_2_6---:/::-2 O_l_4 ___ before me, ----'G""'L"""E='-N....,D"-'-A~JP-. -'-'R'""'O'""'O"':iNf""'E'-'-Y.w. N'-';-O~T+-<A->.;R7Y'-cP""U~B=L='-IC""------- Date Here Insert Name and Title of the Officer personally appeared -------"M-"-A'""'R...:.:K-=--=.D-'-. -"-IA_;_;T__;_A.;:..R_;_;O:....:L=-A-'-:-:-__...,....,........,..,-___,...,..--------------Name(s) of Signer(s) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person~ whose name~ is/afe subscribed to the within instrument and acknowledged to me that he/sl=tetti'ley executed the same in his/l=ier/-tl=ieir authorized capacity~, and that by his/l=ierttl=ieir signature~ on the instrument the person~, or the entity upon behalf of which the person(&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ---------------------OPTIONAL--------------------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Document Date: ____________________ Number of Pages: ________ _ Signer(s) Other Than Named Above: _________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA 0 Individual 0 Corporate Officer---Title(s): ________ _ 0 Partner----0 Limited 0 General [if Attorney in Fact D Trustee D Guardian or Conservator 0 Other: -------- Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: _____________ _ 0 Individual 0 Corporate Officer-Title(s):,___ _______ _ D Partner 0 Limited 0 General D Attorney in Fact 0 Trustee D Guardian or Conservator D Other: -------- Signer Is Representing: RJGHTTHUMBPRINT OF SIGNER Top of thumb here ~~~~~~~~~~~~~~~~~~~~~~~~~~~.:c:<;,~~~~~~~ © 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313·2402 • www.NationaiNotary.org Item #5907 Reorder: Call Toll-Free 1·800-876-6827 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ... ~ TRAVELE RS J POWER OF ATTORNEY Attorney-In Fact No. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 227957 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 0 0 5 8 9 7 3 91 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make , constitute and appoint John G. Maloney, Mark D. Iatarola, Glenda J. Rooney, Michelle M. Basuil, and Helen Maloney of the City of __ E=s.::c.:::o.:.:nc::d:.:.id=o ___________ , State of ____ _:C=a.:..:li"'fo"'-'-'rn"-1'-". a,__ ________ , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. "'WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this _____ 9_t_h ____ _ ay of 1..1ay 2014 State of Connecticut City of Hartford ss. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 0 ~ By: St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company On this the 9th day of May 2014 , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do , executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. Witness Whereof, I hereunto set my hand and official seal. y Commission expires the 30th day of June, 2016. 58440-8-12 Printed in U.S.A. \;00 Marie C. Tetreault , Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ~. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vi President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behal of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this c ~ 26TH day of __ S_E_P_T_E_MB_E_R __ _ To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER .. . ... EXECUTED IN TRIPLICATE BOND NO. 106132290 PREMIUM: $7,549.00 PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2014-223, adopted 9/23/14, has awarded to ACE ELECTRIC INC., (hereinafter designated as the "Principal"), a Contract for: CALAVERA HILLS AND STAGECOACH COMMUNITY PARKS ATHLETIC FIELDS LIGHTING RETROFITS CONTRACT NO. PWS14-38PKS 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, ACE ELECTRIC INC., as Principal, (hereinafter designated as the "Con- tractor"), and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of SIX HUNDRED THIRTY- SEVEN THOUSAND Dollars ($637,000), 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 administra- tors, 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 al.l 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. ~ URevised 1/30/13 Contract No. pw$14-38PKS 31 of 123 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 __ 2_6T_H_ day of ___ SE_P_T_E_M_BE_R ___ , 20~. CONTRACTOR: ACE ELECTRIC, INC. (name of Contractor) ~ // ay: ~ · ·ere) .~. JEFFREY A. HI DS (print name here) PRESIDENT (Title and Organization of Signatory) By: JEFFREY (print name here} SECRETARY (Title and Organization of signatory) Executed by SURETY this __ 26_T_H __ day of __ _____________ s_E_P_TE_M_B_E_R _____ ,2Q~ SURETY: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (name of Surety) 21688 GATEWAY CENTER DRIVE DIAMOND BAR, CA 91765 (address of Surety) 909/612-3647 (telephone number of Surety) By: __.._A___;;,_~,;;,_x__-0--~--- (signature of Attorney-in-Fact) MARK D. IATAROLA, 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 FOAM: CELIA A. BREWER City Attorney 8~~~ AssiStatt y ~ ORevised 1/30/13 Contract No. PWS14·38PKS 32 of 123 ' ' CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California } SS. County of San Diego On September 30, 2014 Before Me c. Powell ,a Notary Public Name of Notary Public Personally Appeared Jeffrey A. Hinds Notary Stamp Name(s) of Signer(s) W Proved to me on the basis of satisfactory evidence To be the person(s) whose name(s) is I are subscribed to the within instrument and acknowledged to me that he I she I they executed the same in his I her I their authorizedcapacity(ies) and that by his I her I their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public License Number Expires #1845097 4-17-2017 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title our Type of Document Document Date: __________________________________ Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name: Olndividual: Ocorporate Officer-Title(s): D Partner-D Limited [J3eneral 0Attorney-in-fact 0Trustee D Guardian or Conservator Oother: Signer is Representing Right Thumb Print of Signer 1 Right Thumb Print of Signer 2 c < • I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT :~~'Q(.~~~"<X"%~~~~~~~~~~~~"Q(,'{X~~'%~~~~~~~~~ STATE OF CALIFORNIA County of ______ S:o:.:A.-:.:N-=--=D..:.::IE::.::G::.::O:::__ _______ } 09/26/2014 On ------=------before me, -----"'G"""L""'EN'-"D...,A~J,_,. R-7-'0~0""N~EY-'-' . .._,_N_,.,O:;;.,T~-'-A-';.R7Y'---,P:.-,:U';<'B"'"'L""'I"""C ____ _ Date Here Insert Name and Ti~e of the Officer personally appeared ______ _;,.;M..::..A..:.oR.c:.K...:....=D..c.. . .::...IA..:...;Tc.:...A..::..R..:...;O::...:L=-A-'-.-o:-=-::7::;-::-;~=c;---------------Name(s) of Signer(s) r~·---~~~~--··1 -• GLENDA J. ROONEY ~. e NOTARY PUBI.IC.CALIFORNIA~ COMM. NO. 2012529 f SAN DIEGO COUNTY MY COMM. EXP. MAR. 18, 2017 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the personfsj whose namefsj is/aFe subscribed to the within instrument and acknowledged to me that he/el=le/tl'ley executed the same in his/l=lerltl=leir authorized capacityfje&), and that by his/l=lel'ltl=leir signaturefsj on the instrument the person~, or the entity upon behalf of which the person(&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ---------------------OPTIONAL--------------------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Document Date: ____________________ Number of Pages: ________ _ Signer(s) Other Than Named Above:--------------------------- Capacity(ies) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA D Individual D Corporate Officer--Title(s): ________ _ D Partner---D Limited D General Ei1 Attorney in Fact D Trustee D Guardian or Conservator D Other: _______ _ Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: _____________ _ D Individual D Corporate Officer-Title(s):,___ _______ _ D Partner-D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: -------- Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here :~'«-'C<:.~~~~~~~~'G<:I~<>o<>~~'<X.~~~~~~~~~~~'<X'¢<,.~~~~~~~ © 2007 National Notary Association • 9350 De So to Ave., P.O. Box 2402 • Chatsworth, CA 913t 3-2402 • www.NationaiNotary.org Item #5907 Reorder: Call Toll-Free 1-SOQ.-876-6827 ··' WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ~ TRAVEL ERS J POWER OF ATTORNEY Attorney-In Fact No. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 227957 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 0 0 5 8 9 7 3 8 9 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint John G. Maloney, Mark D. latarola, Glenda J. Rooney, Michelle M. Basuil, and Helen Maloney of the Ci ty of __ .,E,s,c"'o"'n""d,_,_i,d"'o'--------------• State of ____ _,C"""a...,liL.!.f-"o-'"m'-'-'-'ia.__ ________ . their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this _____ 9_t_h ____ _ y of May 2014 State of Connecticut City of Hartford ss. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company ® ED 1 By: St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company On this the 9th day of May 2014 , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farn1ington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he , as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. Witness Whereof, I hereunto set my hand and official seal. y Commission expires the 30th day of June, 2016. 58440-8-12 Printed in U.S.A. \0: Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vi President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behal of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company 's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED , that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED , that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this _2_6_T_H_ day of __ S_E_P_T_E_MB __ E_R ___ _ c ~ To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 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 sections 22300 and 10263 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into be- tween the City and Contractor for CALAVERA HILLS AND STAGECOACH COMMUNITY PARKS ATHLETIC FIELDS LIGHTING RETROFITS CONTRACT NO. PWS14-38PKS 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 1 0 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. 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 Con- tractor 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. ., ~+'Revised 1/30113 Contract No. PWS14-38PKS 33 of 123 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 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: For Contractor: For Escrow Agent: Title Finance Director Name ____ Chuck McBride ______ _ Signature---------------- Address 1635 Faraday Avenue. Carlsbad. CA 92008 Title Name ________________ _ Signature---------------- Address _________________ ___ Title Name __________________________ __ Signature--------------------------- Add~ss _________________________ ___ At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent l' •;;' Revised 1/30/13 Contract No. PWS14-38PKS 34 of 123 a fully executed counterpart of this Agreement. """· IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: Title Mayor Name __ Matt Hall ___________ _ Signature---------------- Address 1200 Carlsbad Village Drive. Carlsbad, CA 92008 For Contractor: Title Name ________________ __ Signature---------------- Address _______________ ___ For Escrow Agent: Title---------------- Name ----------------- Signature-------------- Address ______________ _ l' • ., Revised 1/30/13 Contract No. PWS14-38PKS 35 of 123 THIS PAGE BLANK ('\ • .., Revised 1/30/13 Contract No. PWS14-38PKS 36 of 123 GENERAL PROVISIONS FOR CALAVERA HILLS AND STAGECOACH COMMUNITY PARKS ATHLETIC FIELDS LIGHTING RETROFITS CONTRACT NO. PWS14-38PKS CITY OF CARLSBAD BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1, GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 --TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 TERMS-Unless otherwise stated, the words directed, required, permitted, ordered, in- structed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "sched- uled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is in- tended, unless stated otherwise. The word "required" and words of similar import shall be un- derstood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the ex- pression "in the opinion of the Engineer'', unless otherwise stated. Where the words "ap- proved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its ex- pense, shall perform all operations, labor, tools and equipment, and further, including the fur- nishing and installing of materials that are indicated, specified or required to mean that the Con- tractor, at its expense, shall furnish and install the work, complete in place and ready to use, in- cluding furnishing of necessary labor, materials, tools, equipment, and transportation. -~ ~'Revised i /30/i 3 Contract No. PWSi4-38PKS 37 of "123 1-2 Definitions. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Addendum-Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bul- letins and all other types of written notices issued to potential bidders prior to opening of Bids. Agency -The City of Carlsbad, California. Agreement -See Contract. Assessment Act Contract -A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County. Base -A layer of specified material of planned thickness placed immediately below the pave- ment or surfacing. Bid -The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. Bidder-Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. Board-The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carlsbad or the Board of Directors of Carlsbad Municipal Water District. Bond-Bid, performance, and payment bond or other instrument of security. City Council -the City Council of the City of Carlsbad. City Manager -the City Manager of the City of Carlsbad or his/her approved representative. Cash Contract -A Contract financed by means other than special assessments. Change Order -A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time is- sued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code-The terms Government Code, Labor Code, etc., refer to codes of the State of California. Construction Manager (a.k.a. Parks Supervisor) -the Project Inspector's immediate supervi- sor and first level of appeal for informal dispute resolution. Contract-The written agreement between the Agency and the Contractor covering the Work. ~ ~'Revised 1/30/13 Contract No. PWS14-38PKS 38 of 123 Contract Documents -Including but not limited to; the Contract, any Addendum (which pertain to the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (including docu- mentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions, per- mits from other agencies, the Technical Specifications, the Supplemental Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. Contractor-The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under permit issued by the Agency, the permittee shall be constructed to be the Contractor. The term "prime contractor'' shall mean Contractor. Contract Price -The total amount of money for which the Contract is awarded. Contract Unit Price-The amount stated in the Bid for a single unit of an item of work. County Sealer-The Sealer of Weights and Measures of the county in which the Contract is let. Days -Days shall mean consecutive calendar's days unless otherwise specified. Parks Superintendent -The Construction Manager's immediate supervisor and second level of appeal for informal dispute resolution. Dispute Board -Persons designated by the City Manager of the City of Carlsbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution. Electrolier-Street light assembly complete, including foundation, standard, luminaire arm, lu- minaire, etc. Engineer-The City Engineer of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile -Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer-A sewer, within a public street or right-of-way, proposed to con- nect any parcel, lot, or part of a lot with a mainline sewer. House Sewer-A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire-The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm -The structural member, bracket, or mast arm, which, mounted on the stand- ard, supports the luminaire. Minor Bid Item-A single contract item constituting less than 10 percent (1 0%} of the original Contract Price bid . . , ~+'Revised 1/30/13 Contract No. PWS14-38PKS 39 of 123 Modification -Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. Notice of Award -The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract. Notice to Proceed -A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. Own Organization -When used in Section 2-3.1 -Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Fur- ther, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equip- ment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1. Person -Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans -The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimen- sions, or details of the Work. Private Contract-Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project Inspector (a.k.a. Parks Inspector)-The Agency's designated representative for in- spection, contract administration and first level for informal dispute resolution. Proposal -See Bid. Reference Specifications -Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations re- ferred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifi- cally referred to by edition, volume, or date. Roadway-The portion of a street reserved for vehicular use. Service Connection -Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Sewer -Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Specifications-General Provisions, Standard Specifications, Technical Specifications, Refer- ence Specifications, Supplemental Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. Standard -The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. l' • ., Revised 1/30/13 Contract No. PWS14-38PKS 40 of 123 Standard Plans -Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number. Standard Specifications -The Standard Specifications for Public Works Construction (SSPWC), the "Greenbook''. State -State of California. Storm Drain -Any conduit and appurtenances intended for the reception and transfer of storm water. Street-Any road, highway, parkway, freeway, alley, walk, or way. Subbase -A layer of specified material of planned thickness between a base and the sub- grade. Subcontractor-An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. Subgrade-For roadways, that portion of the roadbed on which pavement, surfacing, base, subbase, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision -Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supervi- sion by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement -A written amendment of the Contract Documents signed by both parties. Supplemental Provisions -Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. Surety-Any individual, firm, or corporation, bound with and for the Contractor for the accepta- ble performance, execution, and completion of the Work, and for the satisfaction of all obliga- tions incurred. Tonne-Also referred to as "metric ton". Represents a unit of measure in the International Sys- tem of Units equal to 1 ,000 kilograms. Utility-Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sew- ers, or storm drains owned, operated, or maintained in or across a public right of way or private easement. Work-That which is proposed to be constructed or done under the Contract or permit, includ- ing the furnishing of all labor, materials, equipment, and services. {'\ •+" Revised 1 /30/13 Contract No. PWS14-38PKS 41 of 123 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. All abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the "Manual of Steel Construction" published by the American Institute of Steel Construction, Inc. 1-3.2 Common Usage Abbreviation Word or Words ABAN ............................................................. Abandon CONC ............................................................ Concrete A BAND ...................................................... Abandoned CONN ........................................................ Connection ABS ....................... Acrylonitrile -butadiene -styrene CONST ................................... Construct, Construction AC ..................................................... Asphalt Concrete COORD ...................................................... Coordinate ACP .......................................... Asbestos cement pipe CSP ........................................... Corrugated steel pipe ACWS ..................... Asphalt concrete wearing surface CSD ................................ Carlsbad Standard Drawings ALT ................................................................ Alternate CTB ............................................ Cement treated base APTS ................................. Apartment and Apartments CV ............................................................. Check valve AMER STD .................................... American Standard CY ............................................................... Cubic yard AWG ............... American Wire Gage (nonferrous wire) D ............................................................... Load of pipe BC ................................................... Beginning of curve dB ................................................................... Decibels BCR ....................................... Beginning of curb return DBL. .................................................................. Double BDRY ............................................................ Boundary OF ............................................................... Douglas fir BF ..................................................... Bottom of footing DIA ................................................................. Diameter BLDG ........................................ Building and Buildings DIP ...................................................... Ductile iron pipe BM ............................................................ Bench mark DL ................................................................ Dead load BVC ................................... Beginning of vertical curve DR ..................................................... Dimension Ratio B/Vol ........................................................... Back of wall DT ................................................................. Drain Tile C/C ..................................................... Center to center DWG ............................................................... Drawing CAB ...................................... Crushed aggregate base DWY .............................................................. Driveway CAUOSHA ........... California Occupational Safety and DWY APPR ................................... Driveway approach Health Administration E ....................................................................... Eiectric CaiTrans ........ California Department of Transportation EA ........................................................................ Each CAP ................................... Corrugated aluminum pipe EC ............................................................ End of curve CB ............................................................. Catch Basin ECR ................................................. End of curb return Cb ........................................................................ Curb EF ................................................................ Each face CBP ............................... Catch Basin Connection Pipe EG ......................................................... Edge of gutter CBR ........................................ California Bearing Ratio EGL ................................................. Energy grade line CCR ............................. California Code of Regulations EI ................................................................... Eievation CCTV ............................................... Closed Circuit TV ELC ...................................... Eiectrolier lighting conduit CES .......................... Carlsbad Engineering Standards EL T ........................................................ Extra long ton CF ................................................................. Curb face ENGR ....................................... Engineer, Engineering CF ................................................................ Cubic foot EP ................................................... Edge of pavement C&G .................................................... Curb and gutter ESMT ........................................................... Easement CFR ................................ Code of Federal Regulations ETB ........................................... Emulsion-treated base CFS ......................................... Cubic Feet per Second EVC ............................................... End of vertical curb CIP ......................................................... Cast iron pipe EWA .............................. Encina Wastewater Authority CIPP ................................................ Cast-in place pipe EXC ............................................................ Excavation CL ............................................. Clearance, center line EXP JT ................................................ Expansion joint CLF ..................................................... Chain link fence EXST ............................................................... Existing CMB ............................... Crushed miscellaneous base F ................................................................. Fahrenheit CMC ......................................... Cement mortar-coated F&C .................................................. Frame and cover CML ............................................. Cement mortar-lined F&l .................................................. Furnish and install CMWD .................... Carlsbad Municipal Water District FAB ............................................................... Fabricate CO ................................................... Cleanout (Sewer) FAS ............................................... Flashing arrow sign COL ................................................................. Column FD ............................................................... Floor drain COMM ...................................................... Commercial FDN ........................................................... Foundation ft ~~Revised 1/30/13 Contract No. PWS14-38PKS 42 of 123 0 FED SPEC .................................. Federal Specification MOD .................................................. Modified, modify FG ......................................................... Finished grade FH ............................................................. Fire hydrant FL .................................................................. Flow line MON ........................................................... Monument MSL .. Mean Sea Level (Reg. Standard Drawing M-12) MTBM ......................... Microtunneling Boring Machine FS ...................................................... Finished surface MUL T ............................................................... Multiple FT-LB ......................................................... Foot-pound FTG ................................................................. Footing FW ............................................................ Face of wall G ............................................................................ Gas GA ..................................................................... Gauge GAL ............................................... Gallon and Gallons GAL V ......................................................... Galvanized GAR ............................................ Garage and Garages GIP .............................................. Galvanized iron pipe GL. ........................................ Ground line or grade line GM ............................................................... Gas meter GNV ............................................... Ground Not Visible MUTCD ..... Manual on Uniform Traffic Control Devices MVL ............................................... Mercury vapor light NCTD .............................. North County Transit District NRCP ............................. Nonreinforced concrete pipe OBS ............................................................... Obsolete OC ................................................................ On center OD .................................................... Outside diameter OE .............................................................. Outer edge OHE ................................................. Overhead Electric OMWD .................. Oiivenhain Municipal Water District OPP ............................................................... Opposite ORIG ............................................................... Original PB .................................................................... Pull box GP ................................................................. Guy pole PC .................................................... Point of curvature GPM ............................................... gallons per minute PCC ........................ Portland cement concrete or point GR ..................................................................... Grade of compound curvature GRTG ............................................................... Grating GSP ........................................... Galvanized steel pipe H ............................................................ High or height HB. ................................................................. Hose bib PCVC ....................... Point of compound vertical curve PE ............................................................ Polyethylene PI .................................................. Point of intersection PL ............................................................ Property line HC ................................................... House connection HDWL ............................................................ Headwall HGL .............................................. Hydraulic grade line HORIZ ......................................................... Horizontal HP ............................................................. Horsepower HPG ................................................ High pressure gas HPS ............................... High pressure sodium (Light) HYDR ........................................................... Hydraulic IE ......................................................... Invert Elevation PMB ............................ Processed miscellaneous base POC ...................................................... Point on curve POT ................................................... Point on tangent PP .............................................................. Power pole PAC .......................................... Point of reverse curve PRVC ............................ Point of reverse vertical curve PSI .......................................... Pounds per square inch PT ..................................................... Point of tangency PVC .................................................. Polyvinyl chloride PVMT ........................................................... Pavement ID ......................................................... Inside diameter INCL .............................................................. Including INSP ............................................................ Inspection INV ...................................................................... Invert PVT RIW ....................................... Private right-of-way Q ......................... Rate of flow in cubic feet per second QUAD ....................................... Quadrangle, Quadrant R ....................................................................... Radius IP ................................................................... Iron pipe R&O .......................................................... Rock and oil JC .................................................... Junction chamber JCT ................................................................. Junction JS .................................................... Junction structure JT .......................................................................... Joint L. ....................................................................... Length LAB ............................................................. Laboratory RIW .......................................................... Right-of-way RA ....................................................... Recycling agent RAG ................................... Recycled asphalt concrete RAP ............................... Reclaimed asphalt pavement RBAC .............................. Rubberized asphalt concrete RC ............................................... Reinforced concrete LAT ................................................................... Lateral RCB ....................................... Reinforced concrete box LB ...................................................................... Pound LD ..................................................... Local depression LF ............................................................... Linear foot ACE ...................................... Registered civil engineer RCP ...................................... Reinforced concrete pipe RCV ............................................ Remote control valve LH ................................................................ Lamp hole LL. .................... · .............................................. Live load REF ............................................................. Reference REINF .............................. Reinforced or reinforcement LOL. ............................................................ Layout line RES .............................................................. Reservoir LONG ....................................................... Longitudinal LP ................................................................ Lamp post LPS ................................. Low pressure sodium (Light) AGE ........................ Registered geotechnical engineer ROW ....................................................... Right-of-Way RR .................................................................. Railroad LS ................................................................ Lump sum L TS .................................................... Lime treated soil LWD ............................... Leucadia Wastewater District MAINT ..................................................... Maintenance MAX .............................................................. Maximum RSE ............................. Registered structural engineer ATE ................................... Registered traffic engineer S ................................... Sewer or Slope, as applicable SCCP ............................... Steel cylinder concrete pipe SD .............................................................. Storm drain MCR ........................................... Middle of curb return MEAS ............................................................ Measure MH ................................... Manhole, maintenance hole MIL SPEC .................................... Military specification MISC ...................................................... Miscellaneous SDNR ............................. San Diego Northern Railway SDR ........ Standard thermoplastic pipe dimension ratio (ratio of pipe O.D. to minimum wall thickness) SDRSD ......... San Diego Regional Standard Drawings -~ \..,Revised 1/30/13 Contract No. PWS14-38PKS 43 of 123 SE ...................................................... Sand Equivalent TOPO ....................................................... Topography SEC ................................................................. Section TR ........................................................................ Tract SF .............................................................. Square foot TRANS ......................................................... Transition SFM ................................................ Sewer Force Main TS ......................... Traffic signal or transition structure Sl ...................... International System of Units (Metric) TSC ............................................ Traffic signal conduit SPEC ..................................................... Specifications TSS ........................................... Traffic signal standard SPPWC .......................................... Standard Plans for TW .............................................................. Top of wall Public Works Construction TYP ................................................................... Typical SSPWC ............................. Standard Specifications for UE ............................................... Underground Electric Public Works Construction USA ................................... Underground Service Alert ST HWY ................................................. State highway VAR .................................................... Varies, Variable STA ................................................................... Station VB ................................................................. Valve box STD ............................................................... Standard VC ........................................................... Vertical curve STR ................................................................. Straight VCP .................................................. Vitrified clay pipe STR GR ................................................. Straight grade VERT ............................................................... Vertical STRUC ......................................... Structural/Structure VOL ................................................................. Volume SW ................................................................. Sidewalk VWD ....................................... Vallecitos Water District SWD ..................................................... Sidewalk drain W ....................... Water, Wider or Width, as applicable SY ............................................................. Square yard WATCH .............. Work Area Traffic Control Handbook T ................................................................. Telephone WI ............................................................ Wrought iron TAN ................................................................ Tangent WM ........................................................... Water meter TC .............................................................. Top of curb WPJ ........................................... Weakened plane joint TEL ............................................................. Telephone XCONN ............................................. Cross connection TF .......................................................... Top of footing XSEC ...................................................... Cross section 1-3.3 Institutions. Abbreviation Word or Words AASHTO American Association of State Highway and Transportation Officials ~ AISC ................................................................... American Institute of Steel Construction .....,1 ANSI ...................................................................... American National Standards Institute API ...................................................................................... American Petroleum Institute AREA ............................................................. American Railway Engineering Association ASTM ............................................................. American Society for Testing and Materials AWPA ................................................................. American Wood Preservers Association AWS ......................................................................................... American Welding Society AWWA ...................................................................... American Water Works Association FHWA ............................................................................. Federal Highway Administration GRI ................................................................................. Geosynthetic Research Institute NEMA ........................................................ National Electrical Manufacturers Association NOAA ................ National Oceanic and Atmospheric Administration (Dept. of Commerce) UL ..................................................................................... Underwriters' Laboratories Inc. USGS ............................................................................. United States Geological Survey 0 1-4 UNITS OF MEASURE. 1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test re- quirements contained herein use Sl units specifically and conversions to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the Sl units shall control. S.l. units and U.S. Standard Measures in pa- renthesis may or may not be exactly equivalent. Reference is also made to ASTM E 380 for definitions of various units of the Sl system and a more extensive set of conversion factors. 1-4.2 Units of Measure and Their Abbreviations. U.S. Customary Unit (Equal To) 51 Unit (Abbreviations) (Abbrev1at1onsl 1 mil (=0.001 in) ................................................................................... 25.4 micrometer (J.tm) 1 inch (in) .............................................................................................. 25.4 millimeter (mm) 1 inch (in) .............................................................................................. 2.54 centimeter (em) 1 foot (ft) ............................................................................................... 0.3048 meter (m) 1 yard (yd) ............................................................................................ 0.9144 meter (m) 1 mile (mi) ............................................................................................. 1.6093 kilometer (km) 1 square foot (ft2) .................................................................................. 0.0929 square meter (m2) 1 square yard (yd2) ..••••••.••........•........•....•.•................•....•••••..•...•....•.•••. 0.8361 square meter (m2) 1 cubic foot (fP) .................................................................................... 0.0283 cubic meter (m3) 1 cubic yard (yd3) ................................................................................. 0.7646 cubic meter (m3) 1 acre ................................................................................................... 0.4047 hectare (ha) 1 U.S. gallon (gal) ................................................................................. 3.7854 Liter (L) 1 fluid ounce (fl. oz.) ............................................................................. 29.5735 millileter (mL) 1 pound mass (lb) (avoirdupois) ........................................................... 0.4536 kilogram (kg) 1 ounce mass (oz) ................................................................................ 0.02835 kilogram (kg) 1 Ton (=2000 lb avoirdupois) ............................................................... 0.9072 Tonne(= 907 kg) 1 Poise ................................................................................................. 0.1 pascal · second (Pa · s) 1 centistoke (cs) ................................................................................... 1 square millimeters per 1 pound force (lbf) ................................................................................ /:~g~~~~~s(N) 1 pounds per square inch (psi) ............................................................. 6.8948 Kilopascal (kPa) 1 pound force per foot (lbf/ft) ................................................................ 1 .4594 Newton per meter (N/m) 1 foot-pound force (ft-lbf) ...................................................................... 1.3558 Joules (J) 1 foot-pound force per second ([ft-lbf]/s) .............................................. 1.3558 Watt (W) 1 part per million (ppm) ........................................................................ 1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit (°F): ....................................................................... Degree Celsius (0 C): °F = (1.8 X 0C} + 32 .............................................................................. oc = (°F-32)/1.8 1 Ampere (A) 1 Volt (V) 1 Candela ( cd) 1 Lumen (lm) 1 second (s) 51 Units (abbreviation) Commonly Used in Both Systems Common Metric Prefixes kilo (k) ................................................................................................... 1 03 centi (c) ................................................................................................. 1 o-2 milli (m) ................................................................................................. 10·3 ~~~~~o/~: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~ g:;2 1-5 SYMBOLS ~ L % I Delta, the central angle or angle between tangents Angle Percent Feet or minutes l' •+" Revised 1/30/13 Contract No. PWS14-38PKS 45 of 123 " I 0 PL CL SL Inches or seconds Number per or {between words) Degree Property line Centerline Survey line or station line l' • .,.. Revised 1/30/13 0 Contract No. PWS14-38PKS 46 of 123 SECTION 2-SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as provided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids. 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Con- tract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in de- fault. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 41 00 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, as provided in 4104: "(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the con- struction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and in- stalls a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater." "(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid." If the Contractor fails to specify a Subcontractor, or specifies more than one Subcontractor for the same portion of the work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor's total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as otherwise provided in the Code. As provided in Section 41 07, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by pro- cedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor. Section 411 0 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contrac- tor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 per- cent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the Board and l'\ • .,. Revised 1/30/13 Contract No. PWS14-38PKS 47 of 123 shall be notified ten (1 0) days in advance of the time and location of said hearing. The determina- tion of the City Council shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization, Contract work amounting to at least 50 per- cent of the Contract Price except that any designated "Specialty Items" may be performed by sub- contract, and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or Proposal. Where an en- tire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for ap- proval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Contrac- tor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limita- tion shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties ~ shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). ....., The Bidder shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. The Contractor shall provide a faithful perfonnance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the tenns of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the tenns of this contract. Both bonds shall extend in full force and effect and be retained by the Agency during this project un- til they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. o {'\ •f" Revised 1 /30/13 Contract No. PWS14-38PKS 48 of 123 If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execu- tion of the bond. The financial statement shall be made by an officer's certificate as defined in Sec- tion 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. Should any bond become insufficient, the Contractor shall renew the bond within 1 0 days after re- ceiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifications, to which the Engineer shall have access at all times. The specifications for the work include the General Provisions, project technical specifications, Carlsbad Engineering Standards (CES), Standard Specifications for Public Works Construction, (SSPWC), Part 2 & 3, and the latest supplements thereto, current edition at the time of bid opening as published by the "Greenbook" Committee of Public Works Standards, Inc., hereinafter designated "SSPWC", as amended. The construction plans consist of illumination summaries, equipment layout and control system sum- maries. The standard drawings used for this project are the latest edition of the San Diego Area Re- gional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County De- partment of Public Works, together with the most recent editions of the City of Carlsbad Engineering Standards and Carlsbad Standard Drawings, as issued by the City of Carlsbad and the Carlsbad Municipal Water District, hereinafter designated as CES and CSD, respectively. Copies of some of the pertinent standard drawings are enclosed as an appendix to these General Provisions. The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be comple- mentary and cooperative. Anything specified in the Specifications and not shown on the Plans, or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in both. The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immedi- ately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: l' .,. Revised 1/30/13 Contract No. PWS14-38PKS 49 of 123 1) Permits from other agencies as may be required by law. 2) Change orders, whichever occurs last. 3) Contract addenda, whichever occurs last. 4) Contract. 5) Carlsbad General Provisions, Technical Specifications, and Supplemental Provisions. 6) Plans. 7) Standards plans. a) City of Carlsbad Standard Drawings. b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) Traffic Signal Design Guidelines and Standards. f) State of California Department of Transportation Standard Plans. g) State of California Department of Transportation Standard Specifications. h) California Manual on Uniform Traffic Control Devices (CA MUTCD). 8) Standard Specifications for Public Works Construction, as amended. 9) Reference Specifications. 10) Manufacturer's Installation Recommendations Detail drawings shall take precedence over general drawings. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above. Detailed plans and plan views shall have prece- dence over general plans. 2-5.3 Submittals. 2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required in 2-5.3.2, 2- 5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested by the Engi- neer. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are re- quired by performed, before the required submittals have been reviewed and accepted by the Engi- neer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such devia- tions were specifically called to the attention of the Engineer in the letter of transmittal. The Contrac- tor shall be responsible for the correctness of the submittals. The Contractor shall allow a minimum of 20 working days for review of submittals unless otherwise specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal. Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of Transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. ~ 7) Identification of deviations from the contract documents. -.....1 ft \.1 Revised 1/30/13 Contract No. PWS14-38PKS 50 of 123 When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: Title: ____________ _ Date: ___________ _ Company Name: _______________________________________________ __ 2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to clearly show all necessary details. Six copies and one reproducible shall be submitted. If no revisions are required, three of the copies will be returned to the Contractor. If revisions are required, the Engineer will return one copy along with the reproducible for resubmission. Upon acceptance, the Engineer will return two of the copies to the Contractor and retain the remaining copies and the reproducible. Working drawings are required in the following sections: TABLE 2-5.3.2 (A) Item Section Number Title Subject 1 7-10.4.1 Safety Orders Trench Shoring 2 207-2.5 Joints Reinforced Concrete Pipe 3 207-8.4 Joints Vitrified Clay Pipe 4 207-10.2.1 General Fabricated Steel Pipe 5 300-3.2 Cofferdams Structure Excavation & Backfill 6 303-1.6.1 General Falsework 7 303-1.7.1 General Placing Reinforcement 8 303-3.1 General Prestressed Concrete Construction 9 304-1.1.1 Shop Drawings Structural Steel 10 304-1.1.2 Falsework Plans Structural Steel 11 304-2.1 General Metal Hand Railings 12 306-2.1 General Jacking Operations 13 306-3.1 General Tunneling Operations 14 306-3.4 Tunnel Supports Tunneling Operations 15 306-6 Remodeling Existing Sewer Facilities Polyethylene Liner Installation 16 306-8 Microtunneling Microtunneling Operations 17 307-4.3 Controller Cabinet Wirinq Diaqrams Traffic Siqnal Construction Working drawings listed above as Items 5, 6, 8, 9, 10, 12, 13, 14 and 16 shall be prepared by a Civil or Structural Engineer registered by the State of California. 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assem- bled products proposed to be incorporated into the Work. Shop drawings required shall be as speci- fied in the Special Provisions . . , '-+'Revised 1/30/13 Contract No. PWS14-38PKS 51 of 123 2-5.3.4 Supporting Information. Supporting information is information required by the Specifica- tions for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the operation and maintenance of a manufactured product or system to be con- structed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Work unless otherwise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items for the system. If resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless otherwise specified in the Special Provisions: 1) List of Subcontractors per 2-3.2. 2) List of Materials per 4-1.4. 3) Certifications per 4-1.5. 4) Construction Schedule per 6-1. 5) Confined Space Entry Program per 7-10.4.4. 6) Concrete mix designs per 201-1.1. 7) Asphalt concrete mix designs per 203-6.1 . 8) Data, including, but not limited to, catalog sheets, manufacturer's brochures, technical bulle- tins, specifications, diagrams, product samples, and other information necessary to describe a sys- tem, product or item. This information is required for irrigation systems, street lighting systems, and traffic signals, and may also be required for any product, manufactured item, or system. 2-5.4 RECORD DRAWINGS. The Contractor shall provide and keep up-to-date a complete "as- built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equip- ment, underground piping, valves, and all other work not visible at surface grade. Prints for this pur- pose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (1 0) days of completion of the work. Payment for performing the work required by Section 2-5.4 shall be in- cluded in the various bid items and no additional payment will be made therefore. 2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Con-~ tract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish all materials, ~ equipment, tools, labor, and incidentals necessary to complete the Work. 2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce com- pliance with the Plans and Specifications. The Contractor shall promptly comply with instructions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless otherwise ordered by the Board. 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. 2-10.2 Audit and Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, au- dits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as of- ten as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make ~ available to the Engineer for examination, all of its, and all subcontractors to this contract, records .._,/ with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, {\ • .,. Revised 1/30/13 Contract No. PWS14-38PKS 52 of 123 copy and make excerpts or transcripts from such data and records, and to make audits of all in- voices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasona- bly interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Contrac- tor shall notify the Engineer before noon of the working day before inspection is required. Work shall be done only in the presence of the Engineer, unless otherwise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized representatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with these specifications. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract. SECTION 3-CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the interests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes. 3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency. 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or quan- tity of work provided the total arithmetic dollar value of all such changes, both additive and deduc- tive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written Supplemental Agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are involved, shall provide for the Contractor's signature indicating acceptance. 3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conform- ance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies from the Bid quantity by more than 50 percent, payment will be made per Section 3-2.2.2 or 3-2.2.3 as appropri- ate. l' •+' Revised 1/30/13 Contract 1\lo. PWS14-38PKS 53 of 123 If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per Section 3-2.4. 3-2.2.2 Increases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. 3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor. Stipu- lated Unit Prices may be used for the adjustment of Contract changes when so specified in the Spe- cial Provisions. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Con- tract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement cannot be reached, the Engineer may direct the Contractor to pro- ceed on the basis of Extra Work in accordance per Section 3-3, except as otherwise specified in Sections 3-2.2.2 and 3-2.2.3. 3.2.4.1 Schedule of Values. Prior to construction, Contractor shall provide a schedule of values for all lump sum bid items that shall be used for the purpose of progress payments. The prices shall be valid for the purpose of change orders to the project. 3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifi- cations is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material cannot be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for han- dling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK. 3-3.1 General. New or unforeseen work will be classified as "extra work" when the Engineer de- termines that it is not covered by Contract Unit Prices or stipulated unit prices. ~ 3-3.2 Payment. ft f.., Revised 1/30/13 Contract No. PWS14-38PKS 54 of 123 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. 3-3.2.2 Basis for Establishing Costs. (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted un- less the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid. Nondirect labor costs, including superintendence, shall be considered part of the markup of Section 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. (c) Tool and Equipment Rental. No payment will be made for the use of tools which have are- placement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" pub- lished by CAL TRANS, current at the time of the actual use of the tool or equipment. The right-of- way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all inciden- tals. Necessary loading and transportation costs for equipment used on the extra work shall be in- cluded. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer's ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer. The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site. l' •+' Revised 1/30/13 Contract No. PWS14-38PKS 55 of 123 (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, services, material, and equipment. These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the Contractor or Subcon- tractors. Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors' invoices for material, equipment rental and other expenditures shall be sub- mitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. 3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ................................... 20 2) Materials . .. .. .. . .. .. .. . .. .. .. . .. .. .. . 15 3) Equipment Rental ................... 15 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as com- pensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcon- tractor, the markup established in Section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the ex- tra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other services and expenditures when authorized. Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. The report shall: 1. Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. 3. Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. 4. Describe other services and expenditures in such detail as the Agency may require. 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the following Work site conditions (hereinafter called changed conditions), in writing, upon their discovery and be- fore they are disturbed: 1. Subsurface or latent physical conditions differing materially from those represented in the Con-0 tract; -~ f.1 Revised 1/30/13 Contract No. PWS14-38PKS 56 of 123 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and 3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engi- neer determines that conditions are changed conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. If the Engineer determines that the conditions do not justify an adjustment in compensation, the Con- tractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees. The Contractor's failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happen- ing of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Account- ing, nor to any claim that is based on differences in measurement or errors of computation as to con- tract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particu- lar circumstances giving rise to the potential claim, the reasons for which the Contractor believes ad- ditional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code Sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." By: Title: _____________ _ Date: _____________________________ -------------------------- Company Name: ____________________________________________________ __ The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the af- fected work is completed. Failure to do so shall be sufficient cause for denial of any claim subse- quently filed on the basis of said notice of potential claim . . -.. '-J Revised 1/30/13 Contract No. PWS14-38PKS 57 of 123 It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the contractor to proceed with the work. Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dis- pute resolution chain of command: 1. Project Inspector (a.k.a. Parks Inspector) 2. Construction Manager (a.k.a. Parks Supervisor) 3. Parks Superintendent 4. Engineer (or Parks and Recreation Director, as Engineer's approved representative) 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the dis- puted work stating its position on the claim, the contractual basis for the claim, along with all docu- mentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 1 0 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 1 0 working days of receipt of said additional information or Con-~~ tractor'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 for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Re- gents 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 con- tract for a public work and payment of which is not otherwise expressly provided for or the claimant ,0 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. {\ • .,. Revised 1/30/13 Contract No. PWS14-38PKS 58 of 123 (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 writ- ing 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 de- fenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to re- spond within the time prescribed, respectively, and demand an informal conference to meet and con- fer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 91 0) of Part 3 of Division 3.6 of Title 1 of the Government Code. For pur- poses 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 disinter- ested 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 ex- tended 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 1141.1 0) of Title 3 of Part 3 of the Code of Civil Procedure, ~~ ~.,Revised 1/30/13 Contract No. PWS14-38PKS 59 of 123 notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 ( commenc- ing 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 arbitra- tion. (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 par- ties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to ex- ceed 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 1141.1 0) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3. SECTION 4-CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the generally accepted standards. Material and work quality shall be subject to the Engineer's approval. Materials and work quality not conforming to the requirements of the Specifications shall be consid- ered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so directed by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable notice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor. Used or secondhand materials, parts, and equipment may be used only if permitted by the Specifica- tions. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facili- ties and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Contractor shall also adequately protect new and existing work and all items of equipment for the duration of the Con- tract. l' • .,. Revised 1/30/13 Contract No. PWS14-38PKS 60 of 123 The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or re- move equipment or materials which have been installed or delivered and which may be necessary for the completion of the Contract. -......~> 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless otherwise specified, inspection is required at the source for such typical ma- terials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations. Steel pipe in sizes less than 18 inches and vitrified clay and cast iron pipe in all sizes are acceptable upon certification as to compliance with the Specifications, subject to sampling and testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc., are subject to inspection at the job site only. Special items of equipment such as designed elec- trical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source, normally only for performance testing. The Specifications may require inspection at the source for other items not typical of those listed in this section. The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to purchase materials, fabricated products, or equipment from sources located more than 50 miles outside the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the En- gineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equipment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications. The Contractor shall forward reports required by the Engineer. No material or equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be done without proper inspection by the approved agent. Approval by said agent shall not relieve the Contractor of responsibility for complying with the Contract requirements. 4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory ser- vices within 50 miles of the geographical limits of the Agency. For private contracts, all costs of in- spection at the source, including salaries and mileage costs, shall be paid by the permittee. 4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor; at its expense, shall deliver the materials for testing to the place and at the time designated by the Engineer. Unless oth- erwise provided, all initial testing will be performed under the direction of the Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for testing, it will be stated in the Specifications. For private contracts, the testing expense shall be borne by the permittee. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. ., ~.,Revised 1/30/13 Contract No. PWS14-38PKS 61 of 123 If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to renotify the Engineer when samples which are representative may be obtained. Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the require- ments indicated in the Standard Specifications, Technical Specification, and any Supplemental Pro- visions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved ma- terial from other approved sources. If any product proves unacceptable after improper storage, han- dling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the re- quirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifications and accept the manufacturer's written certification that the materials to be supplied meet those re- quirements. Material test data may be required as part of the certification. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer ':) an equivalent. The Engineer shall determine whether the material offered is equivalent to that speci- fied. Adequate time shall be allowed for the Engineer to make this determination. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process, or equip- ment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the contract documents. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer's findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract completion time shall not be affected by any circumstance developing from the ~ provisions of this section. -......,~ l' • ., Revised 1/30/13 Contract No. PWS14-38PKS 62 of 123 The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opin- ion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for proportion- ing materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regulations pertaining to weighing devices. A certificate of compliance shall be presented, prior to operation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator's platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other operating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. 4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain-measur- ing devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to ex- ceed 12 months and following repairs, modification, or relocation of the equipment. Calibration certifi- cates shall be provided when requested by the Engineer. 4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Modified As- phalts). In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the Agency and the Contractor will initiate an immediate and coopera- tive investigation. Test values of materials are results of the materials' tests, as defined by these Specifications or by the special provisions, required to accept the Work. Credible evidence is pro- cess observations or test values gathered using industry accepted practices. A contradiction exists whenever test values or process observations of the same or similar materials are diverse enough such that the work acceptance or performance becomes suspect. The investigation shall allow ac- cess to all test results, procedures, and facilities relevant to the disputed work and consider all avail- able information and, when necessary, gather new and additional information in an attempt to deter- mine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative in- vestigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the cooperative investigation concluded. When- ever the cooperative investigation is unable to reach resolution, the investigation may then either conclude without resolution or continue by written notification of one party to the other requesting the implementation of a resolution process by committee. The continuance of the investigation shall be contingent upon recipient's agreement and acknowledged in writing within 3 calendar days after re- ceiving a request. Without acknowledgement, the investigation shall conclude without resolution. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calen- dar days after the written request notification, the Agency and the Contractor will each select one en- gineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calen- dar days after the written request notification. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a continuance of ., ~+'Revised i /30/i 3 Contract No. PWSi 4-38PKS 63 of 123 the cooperative investigation and will re-consider all available information and if necessary gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using standard engineering principles and practices and to ensure public value, the committee may pro-,.,....,,, vide engineering recommendations as necessary. Unless otherwise agreed, the committee will have 30 calendar days from its formation to complete their review and submit their findings. The final res- olution of the committee shall be by majority opinion, in writing, stamped and signed. Should the final resolution not be unanimous, the dissenter may attach a written, stamped, and signed minority opin- ion. Once started, the resolution process by committee shall continue to full conclusion unless: 1 . Within 7 days of the formation of the committee, the Agency and the Contractor reach an ac- ceptable resolution mechanism; or 2. Within 14 days of the formation of the committee, the initiating party withdraws its written no- tification and agrees to bear all investigative related costs thus far incurred; or 3. At any point by the mutual agreement of the Agency and the Contractor. Unless otherwise agreed, the Contractor shall bear and maintain a record for all the investigative costs until resolution. Should the investigation discover assignable causes for the contradiction, the as- signable party, the Agency or the Contractor, shall bear all costs associated with the investi- gation. Should assignable causes for the contradiction extended to both parties, the investi- gation will assign costs cooperatively with each party or when necessary, equally. Should the investigation substantiate a contradiction without assignable cause, the investigation will as- sign costs cooperatively with each party or when necessary, equally. Should the investigation be unable to substantiate a contradiction, the initiator of the investigation shall bear all inves- tigative costs. All claim notification requirements of the contract pertaining to the contradic- tion shall be suspended until the investigation is concluded. 4·2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quan- tity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in Section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. SECTION 5 -UTILITIES 5·1 LOCATION. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. l'\ • .,.. Revised 1/30/13 Contract No. PWS14-38PKS 64 of 123 Where underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the Contractor shall assume that every property parcel will be served by a service connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to com- mencing any excavation, the Contractor shall contact the regional notification center (Underground Service Alert of Southern California) and obtain an inquiry identification number. The California Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The Contractor shall contact it for location of its subsurface installa- tions. The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its opera- tions. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-2 PROTECTION. The Contractor shall not interrupt the service function or disturb the support of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans or in accord- ance with Section 5-1, the Contractor shall, unless otherwise provided, furnish and place the neces- sary protection at its expense. Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engi- neer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located as noted in Section 5-1 . When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense: 1. Furnish and install a 2 inch cushion of expansion joint material or other similar resilient material; or 2. Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular space between the concrete and the utility; or 3. Provide other acceptable means to prevent embedment in or bonding to the concrete. Where concrete is used for backfill or for structures which would result in embedment, or partial em- bedment, of a metallic utility installation; or where the coating, bedding or other cathodic protection system is exposed or damaged by the Contractor's operations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the integrity of the system. 5-3 REMOVAL. Unless otherwise specified, the Contractor shall remove all interfering portions of utilities shown on the Plans or indicated in the Bid documents as "abandoned" or "to be abandoned in place". Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. 5-4 RELOCATION. When feasible, the owners responsible for utilities within the area affected by l' • .,Revised 1/30/13 Contract No. PWS14-38PKS 65 of 123 the Work will complete their necessary installations, relocations, repairs, or replacements before commencement of work by the Contractor. When the Plans or Specifications indicate that a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct all negotia- tions with the owners and work will be done at no cost to the Contractor, except for manhole frame and cover sets to be brought to grade as provided in the Standard Specifications for Public Works Construction, 2012 Edition, and the supplements thereto. Utilities which are relocated in order to avoid interference shall be protected in their position and the cost of such protection shall be in- cluded in the Bid for the items of work necessitating such relocation. After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with Section 3-2. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its conven- ience shall be its responsibility and it shall make all arrangements and bear all costs. The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall ar- range for the relocation of service connections as necessary between the meter and property line, or between a meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid for in accordance with provisions of Section 3-3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The Agency will not be involved in any such agreement. In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility 0·· agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to mini- mize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's convenience and no additional compensation will be allowed therefore or for addi- tional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. 5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocation of utilities. Said notification shall be included as a part of the construction schedule required in Section 6-1. The Contractor shall notify the Engineer in writing of any subsequent changes in the construction schedule which will affect the time available for pro- tection, removal, or relocation of utilities. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with Section 5-1. The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing work correctly shown on the Plans. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not identified in the l' • ., Revised 1/30/13 Contract No. PWS14-38PKS 66 of 123 0 Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities. If the Contractor sustains loss due to delays attributable to interferences, relocations, or alterations not covered by Section 5-1 , which could not have been avoided by the judicious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of the Contractor's actual loss as was unavoidable and the Contractor may be granted an extension of time. 5·6 COOPERATION. When necessary, the Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work. SECTION 6 -PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6·1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within 20 calendar days after receipt of the "Notice to Proceed". 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is manda- tory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per Section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of Section 2-5.3. The submittal of the Base- line Construction Schedule shall include each item and element of Sections 6-1.2 through 6-1.2.9 and shall be on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media. 6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall pre- pare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the prece- dence diagram method (activity-on-node) format. The Baseline Construction Schedule shall depict a workable plan showing the sequence, duration, and interdependence of all activities required to rep- resent the complete performance of all project work as well as periods where work is precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of the notice to pro- ceed and conclude with the date of final completion per the contract duration. The Baseline Con- struction Schedule shall include detail of all project phasing, staging, and sequencing, including all milestones necessary to define beginning and ending of each phase or stage. 6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing tex- ture patterns or distinctive line types to show the critical path. 6-1.2.4 Schedule Software. The Contractor shall use commercially available software equal to the Windows 2000 compatible "Suretrak'' program by Primavera or "Project" program by Microsoft Cor- poration to prepare the Baseline Construction Schedule and all updates thereto. The Contractor shall submit to the Agency a CD-ROM data disk with all network information contained thereon, in a format readable by a Microsoft Windows 2000 system. The Agency will use a "Suretrak", "Project" or equal software program for review of the Contractor's schedule. Should the Contractor elect to use {'\ • ., Revised 1/30/13 Contract No. PWS14-38PKS 67 of 123 a scheduling program other than the "Suretrak" program by Primavera or "Project" program by Mi- crosoft Corporation, the Contractor shall provide the Engineer three copies of the substituted pro- gram that are fully licensed to the Agency and 32 class hours of on-site training by the program pub- lisher for up to eight Agency staff members. The classes shall be presented on Mondays through Thursdays, inclusive, between the hours of 8:00 a.m. and 5:00 p.m. The on-site training shall be held at 1635 Faraday Avenue, Carlsbad, California. The dates and times of the on-site training shall be submitted to the Engineer for approval five working days before the start of the on-site training. The on-site training shall be completed prior to the submittal of the first Baseline Construction Schedule. 6-1.2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency sup- plied materials, equipment, or services, which may impact any activity's construction shall be shown as a restraint to those activities. Time periods to accommodate the review and correction of submit- tals shall be included in the schedule. 6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer than the specified contract duration will not be acceptable and will be grounds for determination of default by Contractor, per Section 6-4. 6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor's plan to support and maintain the project for the entire contractual time span of the project. Should the Con- tractor propose a project duration shorter than contract duration, a complete Baseline Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all sched- ule requirements of Section 6-1. The Engineer may choose to accept the Contractor's proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and pri- vate, which interface with the project are able to support the provisions of the shortened Baseline Constructhion Schedule. f The Agency's acceptance of a shohrtened duration project will be confirmed ·~. through t e execution o a contract change order revising t e project duration and implementing all .....,/ contractual requirements including liquidated damages in accordance with the revised duration. 6-1.2.10 Engineer's Review. The Construction Schedule is subject to the review of the Engineer. The Engineer's determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Contractor to obtain the Engineer's determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions within thirty (30) working days after the date of the preconstruction meeting shall be grounds for termination of the contract per Section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days. The Engineer will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per Sections 6-1.2.1 0.1 through 6-1.2.1 0.3. 6-1.2.1 0.1 "Accepted." The Contractor may proceed with the project work upon issuance of the Notice to Proceed, and will receive payment for the schedule in accordance with Section 6-1.8.1. 6-1.2.10.2 "Accepted with Comments." The Contractor may proceed with the project work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments prior to receipt of payment per Section 6-1.8.1 . 0 6-1.2.10.3 "Not Accepted." The Contractor must resubmit the schedule incorporating the correc- tions and changes of the comments prior to receipt of payment per Section 6-1.8.1. The Notice to l' • .,.Revised 1/30/13 Contract No. PWS14-38PKS 68 of 123 Proceed will not be issued by the Engineer if the changes of the comments are not submitted as re- quired hereinbefore and marked "Accepted" or "Accepted with Comments" by the Engineer. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" by the Engineer. 6·1.8 Measurement and Payment of Construction Schedule. The Contractor's preparation, revi- sion and maintenance of the Construction Schedule are incidental to the work and no separate pay- ment will be made therefore. 6·2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and to restore street and other work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall diligently prosecute the Work to completion. If the Engineer determines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as described herein shall be included in the Contractor's Bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps. As soon as possible under the provisions of the Specifications, the Contractor shall backfill all exca- vations and restore to usefulness all improvements existing prior to the start of the Work. If Work is suspended through no fault of the Agency, all expenses and losses incurred by the Con- tractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension, the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability. 6·2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and ma- terials, and performing all operations necessary to complete the Project Work as shown on the Pro- ject Plans and as specified in the Specifications. The work includes removal of existing lamps, fix- tures and wiring/wiring-harnesses, and installation of new lamps, fixtures and wiring/wiring-har- nesses. 6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project Meet- ings. The Contractor's Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under Section 7-6, "The Contractor's Representative". No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. 6·3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immedi- ately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equip- ment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency's interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. .... '-J Revised 1/30/13 Contract No. PWS14-38PKS 69 of 123 The Contract may be canceled by the Board without liability for damage, when in the Board's opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board's consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Con- tractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects for that part, and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the premises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law. 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own discretion ::> or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifica- tions. No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof. the proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and the approved con- struction schedule. If delays beyond the Contractor's control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency. The Contractor will not be entitled to damages or additional payment due to such delays, except as provided in Section 6-6.3. If delays beyond the Contractor's control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2 . . , ""Revised 1/30/13 Contract No. PWS14-38PKS 70 of 123 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work. 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages in- curred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. 6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equip- ment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such pe- riod of delay. The initial and continuing written notices shall include the classification of each work- man and supervisor and the make and model of each piece of equipment placed on standby, the cu- mulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent ex- planation of why the Contractor could not avoid the delay by reasonable means. Should the Con- tractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 6-7 TIME OF COMPLETION. 6-7.1 General. The Contractor shall complete the Work within the time set forth in the Contract. The Contractor shall complete each portion of the Work within such time as set forth in the Contract for such portion. The time of completion of the Contract shall be expressed in calendar days. The Con- tractor shall diligently prosecute the work to completion within ..1§_ calendar days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. A working day is any day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1 . Saturday, 2. Sunday, 3. any day designated as a holiday by the Agency, 4. any other day designated as a holiday in a Master Labor Agreement entered into by the Con- tractor or on behalf of the Contractor as an eligible member of a contractor association, 5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1 , 6. any day the Contractor is prevented from working during the first 5 hours with at least 60 per- cent of the normal work force for cause as defined in Section 6-6.1 . Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engi- neer for acceptance upon receipt of the Contractor's written assertion that the Work has been com- pleted. l' • ., Revised 1/30/13 Contract No. PWS14-38PKS 71 of 123 The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the require- ments of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. The Contractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Agency may perform this work and the Contractor's sureties shall be liable for the cost thereof. 6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time al- lowed will result in damages being sustained by the Agency. For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with Section 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of One Thousand Dollars ($1 000.00). Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. Execution of the Contract shall constitute agreement by the Agency and Contractor that One Thou- sand Dollars ($1 000.00) per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the spec- ified completion date shall not constitute a waiver of this paragraph or of any damages. 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency reserves the right to take ::> over and utilize all or part of any completed facility or appurtenance. The Contractor will be notified in writing in advance of such action. Such action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negli- gence. The Contractor will not be required to re-clean such portions of the improvement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials. In the event the Agency exercises its right to place into service and utilize all or part of any completed facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Con- tractor, Subcontractor, their officers, employees, or agents. SECTION 7-RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who 0 is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who I' • .,. Revised 1/30/13 Contract No. PWS14-38PKS 72 of 123 fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with applica- ble provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimina- tion because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the Public Works Contract. The cost of this insurance shall be included in the Contractor's Bid. 7-4 WORKERS' COMPENSATION INSURANCE. Before execution of the Contract by the Board, the Contractor shall file with the Engineer the following signed certification: "I am aware of the provisions of Section 3700 of the Labor Code which re- quire every employer to be insured against liability for workers' compensa- tion or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the perfor- mance of the work of this contract." The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execution of the Contract. The Agency, its officers, or employees, will not be responsible for any claims in law or equity occa- sioned by failure of the Contractor to comply with this paragraph. All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' com- pensation insurance. 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carlsbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefore. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overload, blasting, and demolition. For private contracts, the Contractor shall obtain all permits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. l\ • .,. Revised 1/30/13 Contract No. PWS14-38PKS 73 of 123 7-6 THE CONTRACTOR'S REPRESENTATIVE. Before starting work, the Contractor shall desig- nate in writing a representative who shall have complete authority to act for it. An alternative repre- sentative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Con- tractor or its representative. In order to communicate with the Agency, the Contractor's representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascer- taining the nature and extent of any simultaneous, collateral, and essential work by others. The Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work. The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference. The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others. the Contractor will not be entitled to additional compensation from the Agency for damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect :) on the project, and any extension of time. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensa- tion will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall furnish and operate a self-loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. ~ '-1 Revised 1/30/13 Contract No. PWS14-38PKS 74 of 123 Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to sus- pend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air con- taminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employ- ees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condi- tion. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to pro- tect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule opera- tions so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Or- der Number 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit Number CAS000002, Waste Discharge Requirements (WDR's) for Discharges of Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. The Notice of Intent (NOI) shall not be filed for the project. 7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic concrete, or other acceptable material will be permitted when necessary. Such dams shall be removed from the site as soon as their use is no longer necessary. 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. ~ ~J Revised 1/30/13 Contract No. PWS14-38PKS 75of123 The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavement, structures, etc.) which are damaged or removed as a result of its operations. When a por- tion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated shall be done in conformance with 307-1.5. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor's operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. ' The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right- of-way which are designated for removal and would be destroyed because of the Work. The Contractor shall utilize plywood of %" thickness or greater on all artificial turf surfaces for vehicles or equipment weighing more than (one-half) 1/2 ton G.W. (Gross Weight). All costs to the Contractor for protecting, removing, and restoring existing improvements shall be in- cluded in the Bid. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor's operations shall cause no unnecessary inconvenience. The access rights of the public shall be considered at all times. Unless otherwise authorized, traffic :) shall be permitted to pass through the Work, or an approved detour shall be provided. Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; service stations and motels; hospitals; police and fire stations; and establishments of similar nature. Access to these facil- ities shall be continuous and unobstructed unless otherwise approved by the Engineer. The Contractor shall include in its Bid all costs for the above requirements. 7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways for more than 5 days after unloading. All materials or equipment not installed or used in construction within 5 days after unloading shall be stored elsewhere by the Contractor at its expense unless authorized additional storage time. Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 5 days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer. 7-10.4 Safety. 7-10.4.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable extracts of: Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued by the State Division of Industrial Safety. The Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations. """'· Before excavating any trench 5 feet or more in depth, the Contractor shall submit a detailed plan to the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for the ~ '-1 Revised 1/30/13 Contract No. PWS14-38PKS 76 of 123 ""'' workers' protection from the hazard of caving ground during the excavation of such trench. If the plan varies from the shoring system standards, the plan shall be prepared by a registered Civil Engineer. No excavation shall start until the Engineer has accepted the plan and the Contractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the Engineer. Payment for performing all work necessary to provide safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation safety are provided, or required by law. 7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous sub- stances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Sec- tion 5194 of the California Code of Regulations shall be requested by the Contractor from the manu- facturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all neces- sary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-11 PATENT FEES OR ROYAL TIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall in- demnify and hold the Agency harmless from any legal action that may be brought for infringement of patents. 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, archi- tects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer's approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and National laws and County and Municipal ordinances and regulations which in any manner affect those em- ployed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations. Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. 7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides: "In entering into a public works contract or a subcontract to supply goods, services, or materials pur- suant to a public works contract, the contractor or subcontractor offers and agrees to assign to the ft ~JRevised 1/30/13 Contract No. PWS14-38PKS 77 of 123 awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, ser- vices, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment of the parties." SECTION 8-FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL. A field office for agency personnel is not required. SECTION 9-MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK. Items for which quantities are indicated "Lump Sum", "L.S.", or "Job", shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of work and all work appurtenant thereto. When required by the Specifications or requested by the Engineer, the Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed schedule in triplicate, to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum bid item. This schedule shall equal the lump sum bid and shall be in such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum. 9-3 PAYMENT 9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment to .~ the Contractor will be made only for actual quantities of Contract items constructed in accordance with ·......I the Plans and Specifications. Upon completion of construction, if the actual quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for dis- posing of rejected or excess material. Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act under which such contract was awarded. Whenever any portion of the Work is performed by the Agency at the Contractor's request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or be- coming due from the Agency. Whenever immediate action is required to prevent injury, death, or property damage, and precautions which are the Contractor's responsibility have not been taken and are not reasonably expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. l' • .,Revised 1/30/13 Contract No. PWS14-38PKS 78 of 123 Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such pay- ment be construed to be acceptance of any of the Work. Payment shall not be construed as the trans- fer of ownership of any equipment or materials to the Agency. Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or otherwise degraded in any way prior to acceptance of the Work, except as provided in Section 6-10. Guarantee periods shall not be affected by any payment but shall commence on the date of re- cordation of the "Notice of Completion." If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency, due to the Contractor's failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws. At the expiration of 35 days from the date of acceptance of the Work by the Board, or as prescribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure date for the purpose of making monthly progress payments. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is com- patible with the Agency's payment procedure. Each month, the Engineer will make an approximate measurement of the work performed to the clo- sure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of these General Provisions. Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed pro- gress pay estimate and submit it to the Contractor for the Contractor's information. Should the Con- tractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental pay- ment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a doc- ument setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. From each progress estimate, 10 percent will be deducted and retained by the Agency, and the re- mainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from remaining pro- gress estimates and from the final estimate may be limited to $500 or 10 percent of the first half of total Contract amount, whichever is greater. No progress payment made to the Contractor or its sureties will constitute a waiver of the liquidated damages under 6-9. As provided in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract. ·~ f.1 Revised 1/30/13 Contract No. PWS14-38PKS 79 of 123 After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and pro- gress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all con- tract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the En- gineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in Section 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written statement Jllllll\ required in Section 9-3.2 all claims of any dollar amount shall be submitted in a written statement by ...., the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in Section 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including Sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Ac- counting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further in- formation and details as may be required by the Engineer to determine the facts or contentions in- volved in its claims. Failure to submit such information and details will be sufficient cause for deny- ing the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Sec- tion 3-5, Disputed Work, for those claims remaining in dispute. 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be included in the various items of work and no other payment will be made. 0 ~ ~JRevised 1/30/13 Contract No. PWS14-38PKS 80 of 123 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 209 -ELECTRICAL COMPONENTS 209 ELECTRICAL COMPONENTS. Modify as follows: Section 209, "Signals, Lighting and Traffic Electrical Systems", herein, shall replace Section 209, "Electrical Components", of the SSPWC in all matters pertaining to the specifications for measurement, payment, warranty, and materials and meth- ods of construction for all elements of street lighting and traffic signals. For electrical components provided and installed in systems not including street lighting and traffic signals section 209 SSPWC is unmodified except as specified in sections other than section 209, "Signals, Lighting and Electrical Systems", herein. For section 209, "Signals, Lighting and Traffic Electrical Systems", for all elements of street lighting and traffic signals both construction materials and construction methods have been combined into a single section. SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 300 -EARTHWORK 300-9 GEOTEXTILES FOR EROSION CONTROL. Modify as follows: 300-9 GEOTEXTILES FOR EROSION CONTROL AND WATER POLLUTION CONTROL. Add the following section: 300-9.2 General. The Contractor shall provide erosion control and water pollution control conform- ing to the requirements shown on the plans, as specified herein, and as elsewhere required by the Contract Documents. Erosion control and water pollution control shall include the work specified herein, and such additional measures, as may be directed by the Engineer, to meet Best Manage- ment Practices, as defined herein, and to properly control erosion and storm water damage of the limits of work and construction impacts upon areas receiving drainage flows from within the limits of work. Add the following section: 300-9.2.1 Grading Controls. The Contractor shall protect all areas that have been graded and/or cleared and grubbed as well as areas that have not been graded and/or cleared and grubbed within the limits of work from erosion. The Contractor shall provide temporary earth berms, gravel bags, silt fences, stabilized construction entrances and similar measures, coordinated with its construction procedures, as necessary and as shown on the plans to control on site and off site erosion during the construction period. The Contractor will be required to protect areas which have been cleared and grubbed prior to excavation or embankment operations, and which are subject to runoff during the duration of the contract. The criteria used to determine the appropriate erosion control measures shall be the "Best Management Practices", hereinafter BMP, defined and described in the, "Stormwater Best Management Practices Handbook, Construction", January 2003 edition as pub- lished by the California Stormwater Quality Association. The Contractor shall maintain a copy of the ...... ~.,Revised 1/30/13 Contract No. PWS14-38PKS 81 of 123 "Stormwater Best Management Practices Handbook, Construction", January 2003 edition on the pro- ject site and shall conduct its operations in conformity to said Handbook. Temporary erosion control measures provided by the Contractor shall include, but not be limited to, the following: a) Embankment areas, while being brought up to grade and during periods of completion prior to final roadbed construction, shall be graded so as to direct runoff into impoundment areas within the limits of work where such runoff shall have pollutants removed by BMP methods. b) The Contractor shall provide protection by BMP measures to eliminate erosion and the siltation of downstream facilities and adjacent areas. These measures shall include, but shall not be limited to: temporary down drains, either in the form of pipes or paved ditches with protected outfall berms; graded berms around areas to eliminate erosion of embankment slopes by surface runoff; confined pending areas to desilt runoff; and to desilt runoff. c) Excavation areas, while being brought to grade, shall be protected from erosion and the resulting siltation of downstream facilities and adjacent areas by the use of BMP measures. These measures shall include, but shall not be limited to, methods shown on the plans and described herein. Add the following section: 300-9.2.2 Payment. Full compensation for performing erosion control and water pollution control, con- forming to the operational requirements herein, of the BMP and conforming to the requirements of the Federal Water Pollution Control Act, including the latest amendments thereto, which is not a part of the planned permanent work or included as a separate bid item shall be considered as included in the contract price bid for unclassified excavation, and no additional compensation will be allowed there- fore. -~ f.J Revised 1/30/13 Contract No. PWS14-38PKS 82 of 123 0 APPENDIX A SUPLEMENTAL PROVISIONS ~ ffiR CALAVERA HILLS AND STAGECOACH COMMUNITY PARKS ATHLETIC FIELDS LIGHTING RETROFITS CONTRACT NO. PWS14-38PKS TECHNICAL SPECIFICATIONS I SPECIAL CONSTRUCTION PROVISIONS SECTION 1-SUBMITTALS 1.01 Description This Section covers requirements for submittals and forms a part of all other Sections in which submittals are specified or required. A. Submittal Requirements Included in this Section 1. Contractor's Construction Schedule 2. Shop Drawings 3. Material Samples, Including Color Samples for Paint, Roofing Materials etc. 4. Operation and Maintenance Manuals 5. Requests for Substitutions or Equals 6. Record Drawings 1.02 Progress Schedule A. Within thirty (30) days of Notice of Award, Contractor shall submit a Construction Schedule for construction progress control, prepared on 11 inch x 17 inch charts. All construction activities and procurement shall be indicated in a time scaled format and a calendar shall be shown on all sheets along the entire sheet length. Each activity arrow or node shall be plotted so that the beginning and ending dates of said activity can be determined graphically by comparison with the calendar scale. B. The duration estimate indicated for each activity shall be computed in working days and shall be shown on the construction schedule in calendar days. It shall represent the single best estimate considering the scope of the work and resources planned for the activity. Except for certain non-labor activities, such as curing concrete or delivering materials, activity duration shall not exceed ten (10) working days (fourteen (14) calendar days), nor be less than one (1) working day unless otherwise accepted by Owner. Contractor shall modify any portions of the construction schedule that become infeasible due to activities behind schedule or for any other valid reason. Any activity that cannot be completed by its original latest completion date shall be deemed to be behind schedule. 1.03 Shop Drawing Submittal l' • .,.. Revised 1/30/13 Contract No. PWS14-38PKS 83 of 123 A. Unless otherwise specified in the Contract Documents, Contractor shall furnish for all equipment and materials to be furnished and installed for the project at least six {6) copies of each shop drawing for Owner's review and approval. Four (4) copies will be retained for Owner's use, and two (2) copies will be returned to Contractor. The term "Shop Drawings" as used herein shall be understood to include all data covering all equipment, equipment components, fabricated materials, and furnished materials. Data shall include, but shall not be limited to, design calculations, equipment drawings, fabrication and installation drawings, erection drawings, mix designs, operating instructions, catalog sheets, data sheets, lists, graphs, and similar items. Data shall demonstrate compliance with the Contract Documents. Contractor shall submit shop drawings in a timely manner. Contractor shall allow a reasonable period for Owner's review and approval of shop drawings. Contractor shall be responsible for any project delays resulting from late submittal of initial shop drawings or re-submittal of corrected or revised shop drawings. B. Method of Submittal Contractor shall deliver shop drawings submittals by means of dated, signed, and sequence numbered transmittals on Contractor's letterhead. Contractor shall clearly describe the submittal contents, identifying whether initial or subsequent submittals and stating the drawing numbers and specification sections, articles, and paragraphs to which the shop drawings pertain. All data sheets, catalog cuts, or drawings showing more than the particular item under consideration shall be marked to delete all but the applicable information. Contractor shall comply with Section 2-5.3.3 of the Special Provisions for acceptable form of Submittals. C. Deviations or Exceptions from Contract Documents Where proposed equipment or materials, equipment components, equipment tunc-~ tions, or equipment operations deviate from the specifications and whenever excep-·...,; tions to the specifications are taken, it shall be clearly noted on the shop drawing sub- mittals. Deviations shall include references to the specific sections, parts, and para- graphs or drawing numbers and notes for which the deviations or exceptions are made. D. Contractor's Review All shop drawing submittals shall be carefully reviewed by Contractor prior to submission to Owner. Contractor shall indicate by a signed and dated stamp on the submittal that Contractor has checked the shop drawings as being correct and in strict conformance with the Contract Documents. Shop drawings not so reviewed by Contractor may be returned without action taken by Owner, and any delays caused thereby shall be the responsibility of the Contractor. E. Owner's Review 1 . Owner's review of the shop drawings submitted by Contractor will cover only general conformity to the Contract Documents. The review of shop drawings shall not relieve Contractor of full responsibility for any deviation from the requirements of the Contract Documents. As specified above, deviations or exceptions to the Contract Documents shall be clearly indicated on the shop drawings. Contractor shall be responsible for any errors or omissions in the shop drawings or for the accuracy of dimensions, quantities, and the design of adequate connections and details. 2. Unless specified elsewhere, Owner will return two {2) sets of shop drawing submittals to Contractor with his comments noted thereon, within fifteen {15) ~ working days following their receipt by Owner. It is expected that Contractor ..._, shall prepare his submittals in such a manner that he is able to obtain a complete and acceptable submittal by the second submission. Owner reserves ~ ~JRevised 1/30/13 Contract No. PWS14-38PKS 84 of 123 F. the right to deduct monies from the amounts due to Contractor to cover the cost of the Owner's review beyond the second submission. Corrections and Resubmittals Contractor shall make all required corrections and shall resubmit the required number of corrected shop drawings until found in general conformance with the Contract Documents and design concept of the project. No work that requires shop drawing submittals shall be purchased or commenced until the pertinent shop drawings have been submitted, reviewed, and approved. 1.04 Material Samples Submitted A. General Whenever in the Contract Documents material samples are required, Contractor shall submit to Owner not less than two (2) samples of each such item for review and approval, all at no additional cost to Owner. Upon receiving approval by Owner, one (1) set of the samples will be stamped and dated by Owner and returned to Contractor, and one (1) set of samples shall remain at the job site until completion of the work. {\ • .,. Revised 1/30/13 Contract No. PWS14-38PKS 85 of 123 SECTION 2-STAGECOACH COMMUNITY PARK PART 1 -GENERAL 1.1 SUMMARY A. Work covered by this section of the specifications shall conform to the contract documents, engineering plans, as well as state and local codes. B. The purpose of these specifications is to define the performance and design standards for the Stagecoach Community Park athletic fields lighting retrofit. The manufacturer I contractor shall supply lighting equipment to meet or exceed the standards set forth in these specifica- tions. C. The sports lighting will be for the following fields: 1. Baseball Field 1 -288'/285'/280' 2. Baseball Field 2-279'/379'/300' 3. Baseball Field 3-300'/300'/314' 4. Soccer Field 2 Overlay 5. Soccer Field 3 Overlay D. The primary goals of this sports lighting project are: 1. Guaranteed Light Levels: Selection of appropriate light levels impact the safety of the players and the enjoyment of spectators. Therefore light levels are guaranteed for a pe- riod of 1 0 years. 2. Environmental Light Control: It is the primary goal of this project to minimize spill light and glare. 3. Life-cycle Cost: In order to reduce the operating budget, the preferred lighting system shall be energy efficient and cost effective to operate. All maintenance costs shall be eliminated, and the field(s) should be proactively monitored to detect luminaire outages over a 10 year life-cycle. 4. Control and Monitoring: To allow for optimized use of labor resources and to avoid un- needed/unauthorized operation of the facility, Owner requires a remote on/off control sys- tem for the lighting system. Field(s) should be proactively monitored to detect luminaire outages over a 10 year life-cycle. 1.2 LIGHTING PERFORMANCE A. Performance Requirements: Playing surfaces shall be lit to an average constant light level and uniformity as specified in the chart below. Light levels shall be held constant for 10 years. Lighting calculations shall be developed and field measurements taken on the grid spacing with the minimum number of grid points specified below. Average illumination level shall be measured in accordance with the IESNA LM-5-04. Light levels shall be guar- anteed from the first 100 hours of operation for the maximum warranty period. I' • ., Revised 1/30/13 Contract No. PWS14-38PKS 86 of 123 Average Tar-Maxi to Min Grid Grid Area of Lighting get Light Lev-Uniformity Ra-Points Spacing els tio Baseball Field 1 50 Footcan- Infield dies 2:1 25 20' X 20' Outfield 30 Footcan-2.5:1 160 20' X 20' dies Baseball Field 2 50 Footcan- Infield dies 2:1 25 20' X 20' Outfield 30 Footcan-2.5:1 192 20' X 20' dies Baseball Field 3 50 Foot can- Infield dies 2:1 25 20' X 20' Outfield 30 Foot can-2.5:1 183 20' X 20' dies Soccer Field 2 30 Footcan-Overlay dies 3.5:1 50 30' X 30' Soccer Field 3 30 Footcan-Overlay dies 2.5:1 50 30' X 30' 1. Lumen maintenance control strategy: A constant light system shall use automatic power adjustments to achieve a lumen maintenance control strategy as described in the IESNA Lighting Handbook 10th Edition, Lighting Controls Section, page 16-8: "Lu- men maintenance involves adjusting lamp output over time to maintain constant light output as lamps age, and dirt accumulation reduces luminaire output. With lumen maintenance control, either lamps are dimmed when new, or the lamp's current is in- creased as the system ages." 2. Independent Test Report: Contractor bidding any form of a constant light system must provide an independent test report certifying the system meets the lumen maintenance control strategy above and verifying the field performance of the system for the duration of the useful life of the lamp based on lamp replacement hours. Report shall be signed by a licensed professional engineer with outdoor lighting experience. 3. Project References: Contractor must provide a minimum of three (3) project references within the state of California that have been completed within the last calendar year, and of similar size and scope as specified herein. Contractor will include project name, project city, and contact name and contact phone number for each reference. B. Mounting Heights: To ensure proper aiming angles for reduced glare and to provide better playability, the pole mounting heights from the playing field surface shall be as noted below and per plans. #of Poles Pole Designation Catalog# 6 A1-A6 (3) new 1500W luminaires per existing 50' pole 4 81-82 (6) new 1500W luminaires C3-C4 per existin_g 70' pole 4 83-86 (7) new 1500W luminaires per existing 70' pole 4 C1-C2 {5) new 1500W luminaires l' .,. Revised 1/30/13 Contract No. PWS14-38PKS 87 of 123 lc5-C6 I per existing 70' pole 1.3 LIFE-CYCLE COSTS A. Energy Consumption: The average kW consumption for the field lighting system shall be 43.79 or less for Baseball Field 1, 50.05 or less for Baseball Field 2, 46.92 or less for Baseball Field 3, 50.05 or less for Field 2 Overlay, and 46.92 or less for Field 3 Overlay. B. Complete Lamp Replacement: Manufacturer shall include all group lamp replacements required to provide 10 years of operation based upon 600 usage hours per year. c. Preventative and Spot Maintenance: Manufacturer shall provide all preventative and spot maintenance, including parts and labor for 10 years from the date of equipment shipment. Individual lamp outages shall be repaired when the usage of any field is materially im- pacted. Owner agrees to check fuses in the event of a luminaire outage. D. Remote Monitoring System: System shall monitor lighting performance, including on/off status, hours of usage and lamp outages. If luminaire outages that affect playability are detected, manufacturer shall contact owner so that maintenance can be proactively sched- uled. The controller shall determine switch position (Manual or Auto) and contactor status (open or closed). E. Remote Lighting Control System: System shall allow owner and users with a security code to schedule on/off system operation via a web site, phone, fax or email up to ten years in advance. Manufacturer shall provide and maintain a two-way TCP/IP communi- cation link. Trained staff shall be available 24/7 to provide scheduling support and assist with reporting needs. The owner may assign various security levels to schedulers by function and/or fields. This function must be flexible to allow a range of privileges such as full scheduling capabilities for all fields, to only having permission to execute "early off" commands by phone. Controller shall accept and store 7-day schedules, be protected against memory loss dur-':') ing power outages, and shall reboot once power is regained and execute any commands that would have occurred during outage. F. Management Tools: Manufacturer shall provide a web-based database of actual field us- age and provide reports by facility and user group. Hours of Usage: Manufacturer shall provide a means of tracking actual hours of usage for the field lighting system that is readily accessible to the owner. 1 . Cumulative hours: shall be tracked to show the total hours used by the facility 2. Current lamp hours: shall be tracked separately to reflect the amount of hours on the current set of lamps being used, so relamping can be scheduled accurately G. Communication Costs: Manufacturer shall include communication costs for operating the control and monitoring systems for a period of 1 0 years. H. 1 0-Year Life-cycle Cost: Contractor shall submit 1 0-year life-cycle cost calculations as follows. Luminaire energy consumption a. 1t luminaires x _kW demand per luminaire x $.13 kWh rate x 600 annual usage hours x 10 years b. Cost for spot relamping and maintenance over 10 years + Assume 7.5 repairs at $500 each if not included with the bid Cost to relamp all luminaires during 10 years c. 600 annual usage hours x 10 years I 2,1 00 hours x $125 lamp & labor x !f. luminaires + if not included with the bid TOTAL 10-Vear Life-cycle Operating Cost = 0 ft ~1Revised 1/30/13 Contract No. PWS14-38PKS AA of 1?~ 1.4 WARRANTY AND GUARANTEE 10-Year Warranty: Each manufacturer shall supply a signed warranty covering the entire system for 10 years OR for the maximum hours of coverage based on the estimated annual usage, whichever occurs first. Warranty shall guarantee light levels; lamp replacements; system energy consumption; monitoring, maintenance and control services, spill light control, and structural integrity. Manufacturer shall maintain specifically-funded financial reserves to assure fulfillment of the warranty for the full term. Warranty may exclude fuses, storm damage, vandalism, abuse and unauthorized repairs or alterations. Group lamp replacements for constant light systems must occur in accordance with the independent test report pro- vided by the manufacturer; lighting method 2 systems must relamp every 3,000 hours. 1.5 DELIVERY TIMING Equipment On-Site: The equipment must be on-site within 4 to 6 weeks from receipt of approved sub- mittals and receipt of complete order information. 1.6 BID SUBMITTAL REQUIREMENTS A. Product: Musco's Green Generation Lighting® sports lighting system or approved equal. All contractors must provide a complete submittal package for approval as outlined in the Required Submittal Information Checklist at the end of this section. Special manufacturing to meet the standards of this specification may be required. B. Design Approval: The owner I engineer will review submittals to ensure compliance to the specification. 1.7 ALTERNATE SYSTEM REQUIREMENTS A. Compliance to Specifications: Acceptance of a bid alternate does not negate the contrac- tor's and lighting manufacturer's responsibility to comply fully with the requirements of these specifications. Any exceptions to the specifications must be clearly stated in the submittal documents. B. Light Level Requirements: Manufacturer shall provide computer models guaranteeing light levels on the field over 1 0 years. If a constant light level cannot be provided, the specified maximum Recoverable Light Loss Factor and maintenance/group relamping schedule shall be provided in accordance with recommendations in the Pennsylvania State Univer- sity report "Empirical Light Loss Factors for Sports Lighting", presented at the 2009 I ESNA Annual Conference. Lamp Replace-Recoverable Light ment Interval Loss Factor {RLLF) (hours) 2,100 0.69 Scans for both initial and maintained light levels are required. Average Initial Average Tar-Max to Min Grid Grid Area of Lighting get Light Lev-Uniformity Light Levels els Ratio Points Spacing Baseball Field 72.4 Foot can-50 Footcan-1 dies dies 2:1 25 20' X 20' Infield 43.4 Footcan-30 Footcan-2.5:1 160 20' X 20' Outfield dies dies Baseball Field 72.4 Foot can-50 Footcan-2 dies dies 2:1 25 20' X 20' Infield 43.4 Footcan-30 Foot can-2.5:1 192 20' X 20' Outfield dies dies !1"-. ~'Revised 1/30/13 Contract No. PWS14-38PKS 89 of 123 Baseball Field 72.4 Foot can-50 Footcan-3 dies dies 2:1 25 20' X 20' Infield 43.4 Footcan-30 Foot can-2.5:1 183 20' X 20' Outfield dies dies Soccer Field 2 43.4 Foot can-30 Foot can-Overlay dies dies 3.5:1 50 30' X 30' Soccer Field 3 43.4 Foot can-30 Foot can-Overlay dies dies 2.5:1 50 30' X 30' C. Revised Electrical Distribution: Contractor shall provide revised electrical distribution plans to include changes to service entrance, panel, and wire sizing. PART 2 -PRODUCT 2.1 LIGHTING SYSTEM CONSTRUCTION A. System Description: Lighting system shall consist of the following: 1. Galvanized cross-arm assembly for attachment to existing steel structures. 2. All luminaires shall be constructed with a die-cast aluminum housing or external hail shroud to protect the luminaire reflector system. 3. All luminaires, visors, and cross-arm assemblies shall withstand 150 mph winds and maintain luminaire aiming alignment. 4. Manufacturer will remote all ballasts and supporting electrical equipment in aluminum enclosures mounted on pole approximately 1 0' above grade. The enclosures shall be ~ touch-safe, and include ballast, capacitor and fusing, with indicator lights on fuses to indicate when a fuse is to be replaced for each luminaire. Safety disconnect per circuit for each pole structure will be located in the enclosure. 5. Wire harness complete with an abrasion protection sleeve and strain relief to base of poles. 6. Control and Monitoring Cabinet (NEMA Type 4) to provide on-off control and monitoring of the lighting system, constructed of aluminum. Communication method shall be pro- vided by manufacturer. Cabinet shall contain custom configured contactor modules for 30, 60, and 100 amps, labeled to match field diagrams and electrical design. Manual off-on-auto selector switches shall be provided. B. Manufacturing Requirements: All components shall be designed and manufactured as a system. All luminaires, wire harnesses, ballast and other enclosures shall be factory as- sembled, aimed, wired and tested. C. Durability: All exposed components shall be constructed of corrosion resistant material and/or coated to help prevent corrosion. All exposed carbon steel shall be hot dip galva- nized per ASTM A 123. All exposed aluminum shall be powder coated with high perfor- mance polyester or anodized. All exterior reflective inserts shall be anodized, coated, and protected from direct environmental exposure to prevent reflective degradation or corro- sion. All exposed hardware and fasteners shall be stainless steel of 18-8 grade or better, passivated and coated with aluminum-based thermosetting epoxy resin for protection against corrosion and stress corrosion cracking. Structural fasteners may be carbon steel and galvanized meeting ASTM A153 and ISO/EN 1461 (for hot dipped galvanizing), or ~ ASTM 8695 (for mechanical galvanizing). All wiring shall be enclosed within the ~ crossarms, pole, conduit, or electrical components enclosure. l' •+'Revised 1/30/13 Contract No. PWS14-38PKS 90 of 123 Enhanced corrosion protection package: Due to the potentially corrosive environment for this project, manufacturers must provide documentation that their products meet the fol- lowing enhanced requirements in addition to the standard durability protection specified above: • Exposed carbon steel horizontal surfaces on the crossarm assembly shall be gal- vanized to a five (5) mil minimum average thickness. • Exposed die cast aluminum components shall be Type II anodized per MIL-STD- 8625 and coated with high performance polyester. • Exposed extruded aluminum components shall be Type II anodized per MIL-STD- 8625 and coated with high performance polyester. D. Lightning Protection: All structures shall be equipped with lightning protection meeting NFPA 780 standards. Contractor shall supply and install a grounding electrode of not less than 5/8 inch diameter and 8 feet long, with a minimum of 10 feet embedment. Grounding electrode shall be connected to the structure by a grounding electrode conductor with a minimum size of 2 AWG for poles with 75 feet mounting height or less, and 2/0 AWG for poles with more than 75 feet mounting height. E. Safety: All system components shall be UL Listed for the appropriate application. F. Electric Power Requirements for the Sports Lighting Equipment: 1. Electric power: 277 Volt, 1 Phase 2. Maximum total voltage drop: Voltage drop to the disconnect switch located on the poles shall not exceed three (3) percent of the rated voltage. PART 3 -EXECUTION 3.1 FIELD QUALITY CONTROL A. Illumination Measurements: Upon substantial completion of the project and in the presence of the Contractor, Project Engineer, Owner's Representative, and Manufacturer's Repre- sentative, illumination measurements shall be taken and verified. The illumination meas- urements shall be conducted in accordance with IESNA LM-5-04. B. Correcting Non-Conformance: If, in the opinion of the Owner or his appointed Representa- tive, the actual performance levels including footcandles, uniformity ratios, and maximum kilowatt consumptions are not in conformance with the requirements of the performance specifications and submitted information, the Manufacturer shall be liable for any or all of the following: 1. Contractor shall, at his expense, provide and install any necessary additional luminaires to meet the minimum lighting standards. The Contractor shall also either replace the existing poles to meet the new wind load (EPA) requirements or verify by certification by a licensed structural engineer that the existing poles will withstand the additional wind load. 2. Contractor and/or Manufacturer shall minimize the Owner's additional long-term lumi- naire maintenance and energy consumption costs created by the additional luminaires by reimbursing the Owner the amount of $1,000.00 (one thousand dollars) for each additionalluminaire required. 3. Contractor shall remove the entire unacceptable lighting system and install a new light- ing system to meet the specifications. ft ~~Revised 1/30/13 Contract No. PWS14-38PKS 91 of 123 REQUIRED SUBMITTAL INFORMATION CHECKLIST Items below are mandatory, shall comply with the specifications and be submitted according to submittal requirements Tab Item Description A Letter/ Listing of all information being submitted must be included on the table of contents. List the name of the man- Checklist ufacturer's local representative and his/her phone number. 8 Equipment Drawing(s) showing field layouts with pole locations. Layout Lighting design drawing(s) showing: a. Field Name, date, file number, prepared by, and other pertinent data. b. Outline of field(s) being lighted, as well as pole locations referenced to the center of the field (x & y), Illuminance levels at grid spacing specified. On Field Light-c. Pole height,# of luminaires per pole, as well as luminaire information including wattage, lumens and optics. c ing d. Height of light test meter above field surface. Design e. Summary table showing the number and spacing of grid points; average, minimum and maximum illumi- nance levels in footcandles (fc); uniformity including maximum to minimum ratio, coefficient of variance and uniformity gradient; number of luminaries, total kilowatts, average tilt factor; light loss factor. f. Alternate manufacturers shall provide both initial and maintained light scans using a maximum Recovera- ble Light Loss Factor (RLLF) as specified in section 1.7. Life-cycle Cost Document life-cycle cost calculations as defined in the specification. Identify energy costs for operating the D Calculation luminaires, maintenance cost for the system including spot lamp replacement, and group relamping costs. All costs should be based on 10 Years. Photometric Provide photometric report for a typicalluminaire used showing candela tabulations as defined by IESNA Pub- E Report lication LM-35-02. Photometric data shall be certified by laboratory with current National Voluntary Laboratory Accreditation Program or an independent testing facility with over 5 years' experience. F Aiming Sum-Document showing each luminaire's aiming angle and the poles on which the luminaries are mounted. Each mary aiming point shall identify the type of luminaire. G Aiming Report Provide test report showing aiming alignment can be maintained to 150 mph winds. Control & Mon-Manufacturer shall provide written definition and schematics for automated control system to include monitor- H itoring System ing. They will also provide examples of system reporting and access for numbers for personal contact to operate the system. I Electrical Dis-If bidding an alternate system, manufacturer must include a revised electrical distribution plan including changes tribution Plans to service entrance, panels and wire sizing, signed by a licensed Electrical Engineer in the state of California. Performance Provide performance guarantee including a written commitment to undertake all corrections required to meet J Guarantee the performance requirements noted in these specifications at no expense to the owner. Light levels must be Manufacturer guaranteed per specification for 10 years. K Warranty Provide written warranty information including all terms and conditions. Manufacturer bidding any form of a constant light system is to provide an independent test report certifying the L Independent system meets the lumen maintenance control strategy defined in Section 1.2.A.1, verifying the field perfor- Testing Report mance of the system for the duration of the useful life of the lamp based on lamp replacement hours. Report shall be signed by a licensed professional engineer with outdoor lighting experience. Contractor shall provide a list of projects where the technology proposed for this project has been installed in Project Refer-the state of California. If any form of a constant light system is bid, a minimum of 3 project references completed M within the last calendar year is required. For a depreciating light system a full list of projects completed within ences the past 3 years is required. Reference list will include project name, project city, and contact name and contact phone number. N Product lnfor-Complete set of product brochures for all components, including a complete parts list and UL Listings. mation 0 Delivery Manufacturer shall supply an expected delivery timeframe from receipt of approved submittals and complete order information. p Non-Compli-Manufacturer shall list all items that do not comply with the specifications. If in full compliance, tab may be ance omitted. The information supplied herein shall be used for the purpose of complying with the specifications for the Stagecoach Community Park athletic fields lighting retrofits. l' • ., Revised 1/30/13 Contract No. PWS14-38PKS 92 of 123 0 0 All requirements of the specifications shall be met and the contractor/manufacturer will be responsible for any future costs incurred to bring their equipment into compliance for all items not meeting specifica- tions and not listed in the Non-Compliance section. Contractor: Signature: ______________ _ Contact Name: Date: __ ___,! ! ____ _ -~ ~,Revised 1/30/13 Contract No. PWS14-38PKS 93 of 123 SECTION 3-CALAVERA HILLS COMMUNITY PARK PART 1-GENERAL 1.1 SUMMARY A. Work covered by this section of the specifications shall conform to the contract docu- ments, engineering plans as well as state and local codes. B. The purpose of these specifications is to define the performance and design standards for the Calavera Hills Community Park athletic fields lighting retrofit. The manufacturer I contractor shall supply lighting equipment to meet or exceed the standards set forth in these specifications. C. The sports lighting will be for the following fields: 1. Baseball Field 1 -198'/190'/230' 2. Baseball Field 2 -240'/240'/240' 3. Baseball Field 3-291 '/386'/296' D. The primary goals of this sports lighting project are: 1. Guaranteed Light Levels: Selection of appropriate light levels impact the safety of the players and the enjoyment of spectators. Therefore light levels are guaranteed for a period of 1 0 years. 2. Environmental Light Control: It is the primary goal of this project to minimize spill light and glare. 3. Life-cycle Cost: In order to reduce the operating budget, the preferred lighting system shall be energy efficient and cost effective to operate. All maintenance costs shall be eliminated, and the field(s) should be proactively monitored to detect luminaire out- ages over a 10 year life-cycle. 4. Control and Monitoring: To allow for optimized use of labor resources and to avoid un- needed/unauthorized operation of the facility, Owner requires a remote on/off control system for the lighting system. Field(s) should be proactively monitored to detect lumi- naire outages over a 1 0 year life-cycle. 1.2 LIGHTING PERFORMANCE A. Performance Requirements: Playing surfaces shall be lit to an average constant light level and uniformity as specified in the chart below. Light levels shall be held constant for 1 0 years. Lighting calculations shall be developed and field measurements taken on the grid spacing with the minimum number of grid points specified below. Average illumination level shall be measured in accordance with the I ESNA LM-5-04. Light lev- els shall be guaranteed from the first 100 hours of operation for the maximum war- ranty period. Average Tar-Maxi to Min Grid Grid Area of Lighting get Light Lev-Uniformity Ra-Points Spacing els tio Baseball Field 1 Infield 50 Footcan-2:1 25 20' X 20' Outfield dies 2.5:1 73 20' X 20' l' • .,.. Revised 1/30/13 Contract No. PWS14-38PKS 94 of 123 30 Footcan- dies Baseball Field 2 50 Footcan- Infield dies 2:1 25 20' X 20' Outfield 30 Footcan-2.5:1 113 20' X 20' dies Baseball Field 3 50 Footcan- Infield dies 2:1 25 30' X 30' Outfield 30 Footcan-2.5:1 88 30' X 30' dies 1 . Lumen maintenance control strategy: A constant light system shall use automatic power ad- justments to achieve a lumen maintenance control strategy as described in the IESNA Light- ing Handbook 1Oth Edition, Lighting Controls Section, page 16-8: "Lumen maintenance in- volves adjusting lamp output over time to maintain constant light output as lamps age, and dirt accumulation reduces luminaire output. With lumen maintenance control, either lamps are dimmed when new, or the lamp's current is increased as the system ages." 2. Independent Test Report: Contractor bidding any form of a constant light system must pro- vide an independent test report certifying the system meets the lumen maintenance control strategy above and verifying the field performance of the system for the duration of the useful life of the lamp based on lamp replacement hours. Report shall be signed by a licensed pro- fessional engineer with outdoor lighting experience. 3. Project References: Contractor must provide a minimum of three (3) project references within the state of California that have been completed within the last calendar year utilizing this ex- act technology. Contractor will include project name, project city, and contact name and con- tact phone number for each reference. B. Mounting Heights: To ensure proper aiming angles for reduced glare and to provide better playability, the pole mounting heights from the playing field surface shall be as note db I d I eowan per plans. #of Poles Pole Designation CatalOG# 2 A1, C1 (3) new 1500W luminaires per existing 54' pole 1 A2 (6) new 1500W luminaires per existing 50' pole 1 A3 (3) new 1500W luminaires per existing 55' pole 2 A4,A5 (5) new 1500W luminaires per existing 70' pole 1 81 (4) new 1500W luminaires per existina 62' pole 1 82 (8) new 1500W luminaires per existina 60' pole 3 83,C3,C4 (4) new 1500W luminaires per existina 60' pole C5 (7) new 1500W luminaires 4 C6-New Verizon Cell Pole per existing 80' pole ft ~J Revised 1/30/13 Contract No. PWS14-38PKS 95 of 123 B4 & B5 -Existing Cell Pole 1 C2 (3) new 1500W luminaires per existing 52' pole 1.3 LIFE-CYCLE COSTS A. Energy Consumption: The average kW consumption for the field lighting system shall be 31.28 or less for Baseball Field 1, 34.41 or less for Baseball Field 2, and 59.43 or less for Baseball Field 3. B. Complete Lamp Replacement: Manufacturer shall include all group lamp replacements required to provide 10 years of operation based upon 600 usage hours per year. C. Preventative and Spot Maintenance: Manufacturer shall provide all preventative and spot maintenance, including parts and labor for 10 years from the date of equipment shipment. Individual lamp outages shall be repaired when the usage of any field is mate- rially impacted. Owner agrees to check fuses in the event of a luminaire outage. D. Remote Monitoring System: System shall monitor lighting performance, including on/off status, hours of usage and lamp outages. If luminaire outages that affect playability are detected, manufacturer shall contact owner so that maintenance can be proactively scheduled. The controller shall determine switch position (Manual or Auto) and contactor status (open or closed). E. Remote Lighting Control System: System shall allow owner and users with a security code to schedule on/off system operation via a web site, phone, fax or email up to ten years in advance. Manufacturer shall provide and maintain a two-way TCP/IP communi- cation link. Trained staff shall be available 24/7 to provide scheduling support and assist with reporting needs. The owner may assign various security levels to schedulers by function and/or fields. 0 This function must be flexible to allow a range of privileges such as full scheduling capa- bilities for all fields, to only having permission to execute "early off" commands by phone. Controller shall accept and store 7 -day schedules, be protected against memory loss during power outages, and shall reboot once power is regained and execute any com- mands that would have occurred during outage. F. Management Tools: Manufacturer shall provide a web-based database of actual field usage and provide reports by facility and user group. Hours of Usage: Manufacturer shall provide a means of tracking actual hours of usage for the field lighting system that is readily accessible to the owner. 1. Cumulative hours: shall be tracked to show the total hours used by the facility 2. Current lamp hours: shall be tracked separately to reflect the amount of hours on the current set of lamps being used, so relamping can be scheduled accu- rately G. Communication Costs: Manufacturer shall include communication costs for operating the control and monitoring systems for a period of 10 years. H. 1 0-Year Life-cycle Cost: Contractor shall submit 1 0-year life-cycle cost calculations as follows. Luminaire energy consumption a. 1t luminaires x _kW demand per luminaire x $.13 kWh rate x 600 annual usage hours x 10 ears -~ ~~Revised 1/30/13 Contract No. PWS14-38PKS 96 of 123 b. Cost for spot relamping and maintenance over 10 years + Assume 7.5 repairs at $500 each if not included with the bid Cost to relamp all luminaires during 10 years c. 600 annual usage hours x 10 years /2,100 hours x $125 lamp & labor x tt luminaires + if not included with the bid TOTAL 10-Year Life-cycle Operating Cost = 1.4 WARRANTY AND GUARANTEE 10-Year Warranty: Each manufacturer shall supply a signed warranty covering the entire system for 10 years OR for the maximum hours of coverage based on the estimated annual usage, whichever occurs first. War- ranty shall guarantee light levels; lamp replacements; system energy consumption; monitoring, maintenance and control services, spill light control, and structural integrity. Manufacturer shall maintain specifically-funded financial reserves to assure fulfillment of the warranty for the full term. Warranty may exclude fuses, storm damage, vandalism, abuse and unauthorized repairs or alterations. Group lamp replacements for constant light systems must occur in accordance with the independent test report provided by the manufacturer; lighting method 2 systems must relamp every 3,000 hours. 1.5 DELIVERY TIMING Equipment On-Site: The equipment must be on-site within 4 to 6 weeks from receipt of approved sub- mittals and receipt of complete order information. 1.6 BID SUBMITTAL REQUIREMENTS A. Product: Musco's Green Generation Lighting® sports lighting system or approved equal. All bidders must provide a complete submittal package for approval as outlined in the Required Submittal Information Checklist at the end of this section. Special manufactur- ing to meet the standards of this specification may be required. B. Design Approval: The owner I engineer will review submittals to ensure compliance to the specification. 1.7 ALTERNATE SYSTEM REQUIREMENTS A. Compliance to Specifications: Acceptance of a bid alternate does not negate the con- tractor and lighting manufacturer's responsibility to comply fully with the requirements of these specifications. Any exceptions to the specifications must be clearly stated in the submittal documents. B. Light Level Requirements: Manufacturer shall provide computer models guaranteeing light levels on the field over 1 0 years. If a constant light level cannot be provided, the specified maximum Recoverable Light Loss Factor and maintenance/group relamping schedule shall be provided in accordance with recommendations in the Pennsylvania State University report "Empirical Light Loss Factors for Sports Lighting", presented at the 2009 I ESNA Annual Conference. Lamp Replace-Recoverable Light ment Interval Loss Factor (RLLF) (hours) 2,100 0.69 Scans for both initial and maintained light levels are required. l' • .,. Revised 1/30/13 Contract No. PWS14-38PKS 97 of 123 Area of Light-Average Initial Average Tar-Max to Min Grid Grid ing Light Levels get Light Uniformity Points Spacing Levels Ratio Baseball Field 72.4 Footcan-50 Footcan-20'X 1 Infield dies dies 2:1 25 20' Outfield 43.4 Footcan-30 Footcan-2.5:1 73 20'X dies dies 20' Baseball Field 72.4 Footcan-50 Footcan-20'X 2 Infield dies dies 2:1 25 20' Outfield 43.4 Footcan-30 Footcan-2.5:1 113 20'X dies dies 20' Baseball Field 72.4 Footcan-50 Footcan-30'X 3 Infield dies dies 2:1 25 30' Outfield 43.4 Footcan-30 Footcan-2.5:1 88 30'X dies dies 30' C. Revised Electrical Distribution: Contractor shall provide revised electrical distribution plans to include changes to service entrance, panel, and wire sizing. PART 2-PRODUCT 2.1 LIGHTING SYSTEM CONSTRUCTION A. System Description: Lighting system shall consist of the following: 1. Galvanized cross-arm assembly for attachment to existing steel structures noted in section 1.2.8 .. 2. All luminaires shall be constructed with a die-cast aluminum housing or external hail shroud to protect the luminaire reflector system. 3. All luminaires, visors, and cross-arm assemblies shall withstand 150 mph winds and maintain luminaire aiming alignment. 4. Manufacturer will remote all ballasts and supporting electrical equipment in aluminum enclosures mounted on pole approximately 1 0' above grade. The enclosures shall be touch-safe, and include ballast, capacitor and fusing, with indicator lights on fuses to indicate when a fuse is to be replaced for each luminaire. Safety disconnect per circuit for each pole structure will be located in the enclosure. 5. Wire harness complete with an abrasion protection sleeve and strain relief to base of poles. 6. Control and Monitoring Cabinet (NEMA Type 4) to provide on-off control and monitor- ing of the lighting system, constructed of aluminum. Communication method shall be provided by manufacturer. Cabinet shall contain custom configured contactor mod- ules for 30, 60, and 1 00 amps, labeled to match field diagrams and electrical design. Manual off-on-auto selector switches shall be provided. A. Manufacturing Requirements: All components shall be designed and manufactured as a system. All luminaires, wire harnesses, ballast and other enclosures shall be factory as- sembled, aimed, wired and tested. (\ • .,. Revised 1/30/13 Contract No. PWS14-38PKS 98 of 123 B. Durability: All exposed components shall be constructed of corrosion resistant material and/or coated to help prevent corrosion. All exposed carbon steel shall be hot dip galva- nized per ASTM A123. All exposed aluminum shall be powder coated with high perfor- mance polyester or anodized. All exterior reflective inserts shall be anodized, coated, and protected from direct environmental exposure to prevent reflective degradation or corrosion. All exposed hardware and fasteners shall be stainless steel of 18-8 grade or better, passivated and coated with aluminum-based thermosetting epoxy resin for pro- tection against corrosion and stress corrosion cracking. Structural fasteners may be car- bon steel and galvanized meeting ASTM A 153 and ISO/EN 1461 (for hot dipped galva- nizing), or ASTM B695 (for mechanical galvanizing). All wiring shall be enclosed within the crossarms, pole, conduit, or electrical components enclosure. Enhanced corrosion protection package: Due to the potentially corrosive environment for this project, manufacturers must provide documentation that their products meet the following enhanced requirements in addition to the standard durability protection speci- fied above: • Exposed carbon steel horizontal surfaces on the cross-arm assembly shall be gal- vanized to a five (5) mil minimum average thickness. • Exposed die cast aluminum components shall be Type II anodized per MIL-STD- 8625 and coated with high performance polyester. • Exposed extruded aluminum components shall be Type II anodized per MIL-STD- 8625 and coated with high performance polyester. C. Lightning Protection: All structures shall be equipped with lightning protection meeting NFPA 780 standards. Contractor shall supply and install a grounding electrode of not less than 5/8 inch diameter and 8 feet long, with a minimum of 10 feet embedment. Grounding electrode shall be connected to the structure by a grounding electrode con- ductor with a minimum size of 2 AWG for poles with 75 feet mounting height or less, and 2/0 AWG for poles with more than 75 feet mounting height. D. Safety: All system components shall be UL Listed for the appropriate application. E. Electric Power Requirements for the Sports Lighting Equipment: 1. Electric power: 277 Volt, 1 Phase 2. Maximum total voltage drop: Voltage drop to the disconnect switch located on the poles shall not exceed three (3) percent of the rated voltage. PART 3-EXECUTION 3.1.0 FIELD QUALITY CONTROL A. Illumination Measurements: Upon substantial completion of the project and in the pres- ence of the Contractor, Project Engineer, Owner's Representative, and Manufacturer's Representative, illumination measurements shall be taken and verified. The illumination measurements shall be conducted in accordance with IESNA LM-5-04. B. Correcting Non-Conformance: If, in the opinion of the Owner or his appointed Repre- sentative, the actual performance levels including footcandles, uniformity ratios, and max- imum kilowatt consumptions are not in conformance with the requirements of the perfor- mance specifications and submitted information, the contractor shall be liable for any or all of the following: 1 . Contractor shall at his expense provide and install any necessary additional lumi- naires to meet the minimum lighting standards. The contractor shall also either re- place the existing poles to meet the new wind load (EPA) requirements or verify by certification by a licensed structural engineer that the existing poles will withstand the ft ~.,Revised 1/30/13 Contract No. PWS14-38PKS 99 of 123 additional wind load. 2. Contractor/Manufacturer shall minimize the Owner's additional long-term luminaire maintenance and energy consumption costs created by the additional luminaires by reimbursing the Owner the amount of $1 ,000.00 (one thousand dollars) for each addi- tional luminaire required. 3. Contractor shall remove the entire unacceptable lighting system and install a new lighting system to meet the specifications. ft '-1 Revised 1/30/13 Contract No. PWS14-38PKS 100 of 123 REQUIRED SUBMITTAL INFORMATION CHECKLIST Items below are mandatory, shall comply with the specifications and be submitted according to submittal requirements Tab Item Description lA Letter/ Listing of all information being submitted must be included on the table of contents. List the name of the man- Checklist ufacturer's local representative and his/her phone number. 8 Equipment Drawing(s) showing field layouts with pole locations. Layout Lighting design drawing(s) showing: g. Field Name, date, file number, prepared by, and other pertinent data. h. Outline of field(s) being lighted, as well as pole locations referenced to the center of the field (x & y), Illuminance levels at grid spacing specified. On Field Light-i. Pole height,# of luminaires per pole, as well as luminaire information including wattage, lumens and optics. c ing j. Height of light test meter above field surface. Design k. Summary table showing the number and spacing of grid points; average, minimum and maximum illumi- nance levels in footcandles (fc); uniformity including maximum to minimum ratio, coefficient of variance and uniformity gradient; number of luminaries, total kilowatts, average tilt factor; light loss factor. I. Alternate manufacturers shall provide both initial and maintained light scans using a maximum Recovera- ble Light Loss Factor (RLLF) as specified in section 1.7. Life-cycle Cost Document life-cycle cost calculations as defined in the specification. Identify energy costs for operating the D luminaires, maintenance cost for the system including spot lamp replacement, and group relamping costs. All Calculation costs should be based on 10 Years. Photometric Provide photometric report for a typicalluminaire used showing candela tabulations as defined by IESNA Pub- E Report lication LM-35-02. Photometric data shall be certified by laboratory with current National Voluntary Laboratory Accreditation Program or an independent testing facility with over 5 years' experience. F Aiming Sum-Document showing each luminaire's aiming angle and the poles on which the luminaries are mounted. Each mary aiming point shall identify the type of luminaire. G Aiming Report Provide test report showing aiming alignment can be maintained to 150 mph winds. Control & Mon-Manufacturer shall provide written definition and schematics for automated control system to include monitor- H itoring System ing. They will also provide examples of system reporting and access for numbers for personal contact to operate the system. I Electrical Dis-If bidding an alternate system, manufacturer must include a revised electrical distribution plan including changes tribution Plans to service entrance, panels and wire sizing, signed by a licensed Electrical Engineer in the state of California. Performance Provide performance guarantee including a written commitment to undertake all corrections required to meet J Guarantee the performance requirements noted in these specifications at no expense to the owner. Light levels must be Manufacturer guaranteed per specification for 1 0 years. K Warranty Provide written warranty information including all terms and conditions. Manufacturer bidding any form of a constant light system is to provide an independent test report certifying the L Independent system meets the lumen maintenance control strategy defined in Section 1.2.A.1, verifying the field perfor- Testing Report mance of the system for the duration of the useful life of the lamp based on lamp replacement hours. Report shall be signed by a licensed professional engineer with outdoor lighting experience. Contractor shall provide a list of projects where the technology proposed for this project has been installed in Project Refer-the state of California. If any form of a constant light system is bid, a minimum of 3 project references completed M within the last calendar year is required. For a depreciating light system a full list of projects completed within ences the past 3 years is required. Reference list will include project name, project city, and contact name and contact phone number. N Product lnfor-Complete set of product brochures for all components, including a complete parts list and UL Listings. mation 0 Delivery Manufacturer shall supply an expected delivery timeframe from receipt of approved submittals and complete order information. p Non-Compli-Manufacturer shall list all items that do not comply with the specifications. If in full compliance, tab may be ance omitted. The information supplied herein shall be used for the purpose of complying with the specifications for the Calavera Hills Community Park athletic fields lighting retrofits. ft ~, Revised 1/30/13 Contract No. PWS14-38PKS 101 of 123 All requirements of the specifications shall be met and the contractor/manufacturer will be responsible for any future costs incurred to bring their equipment into compliance for all items not meeting specifica- tions and not listed in the Non-Compliance section. Contractor: Signature: ______________ _ Contact Name: Date: --------'' '------ ft f.1 Revised 1/30/13 Contract No. PWS14-38PKS 102 of 123 Revised 1/30/13 Contract No. PWS14-38PKS 103 of 123 APPENDIX B SUPLEMENTAL PROVISIONS FOR CALAVERA HILLS AND STAGECOACH COMMUNITY PARKS ATHLETIC FIELDS LIGHTING RETROFITS CONTRACT NO. PWS14-38PKS ILLUMINATION SUMMARIES EQUIPMENT LAYOUT PLANS The Illumination Summaries and Equipment Layouts provided in APPENDIX B are for performance standard reference only. ILLUMINATION SUMMARIES AND EQUIPMENT LAYOUTS FOLLOW THIS PAGE Revised 1/30/13 Contract No. PWS14-38PKS 104 of 123 0 ~A1 0 ] ~81 r------~---------~ 4'> ~3 ~ :~ ~ ~7 ~2 .i44 )6 l I ~ I .. I PQI ~ $1 ~I ft; ;.2 )8 ~ ..tt. I . I A2~; b\ ItO ~7 J;IJ ./t21 ..18 ~9 ~7 P4 ~ ~1 ./t5 .J9 .J9 441 "'' $9 ;J8 .41 )7~ )7 ;40 .45 -~ ..43 .3& .32 ..10 ..31 38 .44 ~1. .39 .39 )6 .33 .;29 .;29 .38 ~5 ..,. 62~ 38 ;31> .,l5 .;37 .,'34 .,'34 ~2 .34 .33 -.32 )6 -10 ..39 ;28 .31 ~ .34 -.38 ~2 Jl) )I/ I I 31 24 !07 -4 C2 • I !. SCALE IN FEET 1 • 60 J4 ~ 60 pl ~7 61 ~ $3 -I ro~c locoOofl(•) <& omen:ion< au ... ~ to 0.0 tdtr<.nC< ;ood(:) ® CfXX) mu~ r*''A;t.m, I Neme: c.lwera Hil• hrit ltefcJ>t l.ocz:on: ~11:'-I,CA .. ct~ .... .,, ....... ,!1:'. Neme: Fidel 1 Si:e: 198"/190'/230' • b:=path 60" Spxin;; 20.0' X 20 0" Ho'"<;t>t ~.0' •"'-5f2dc CONSTANT lllUMINAnON S\JII'.o"U.-• -~10(1!~~ ltlfield Outfield ~ed~ 50 ~ Scan AwDr;e; 51.0 ~58 tlaxirnum; 61 45 Mftirnvm: ~ 21 ~"''·'JC 1.43 L68 _.__,Mil: z u MaxiM••: 1.71 2.11 UG (a<lixcnt pu): 1.26 1.55 No. of Paint: 25 73 ................. [ ~M.CnO:. l.umitUire Type; Green Genentton lbtltd lamp lif,o; 5.000 hour: ~n Lumvt:; 134.000 tivr; lamp Tat f..-: 1.000 llo. of l.umift:itt:<: 20 Av; ICW: ~1.28 (34.0 tNX) c....-cect PcrfDnnencc: The Gu:.nn:c«< tiYCt:lt;e COHS!AHT ll.lUM11Al10N c!~cn'bed abo.c ~~teed for che nzd 1M of che Ia~ Fi'eld Meanrements: ftlumin>tion mn;<.red in ;a;ordance ,.-;th IESIIA lM·s-o4 ond OSSE I.G4. l.nc:Gv'<!ual r.lue; m>y vary. See the W-.rra.n~~ fo<c!~ Elearical Sr-tem Requirement: Re!et to .Ampen;e Onw O.ort ond/or the • r.\.cico Control Syotem Sunwnwy" for-eleatiol :i:ift~ IMtalation Requirements: Re:u!t: "'"'me +I· 3".0 nomift.a! YOitar;e ><line :Jc!e o' the boll= ....t :::tUCN~ looted .. ~ 3 !ut (1m) of ~igt lootion:. • :r.cmr = :1:0 1•N:i; -<r <R . lly: Jod Stout 1·-·---file , I Date; 15m 1 28-feb-!A I Revised 1/30/13 Contract No. PWS14-38PKS 105 of 123 0 ·---. 32 J5 )7 ,18 J5 )8 )2 ,19 .26 .31 .33 ;31 ;33 ;35 ;33 ,34 ,38 ,34 ,38 ;30 ;32 .35 ~ SCALE IN FEET 1 . 60 B3 12 .. A3~ u 1---.ft. p-t ~----------~-------· ~ )6 fl3 ~I ~ ~ ;.6: • ~l~ ' I )2 )4 )4 ~ ~ ~ ~ ~ ~: I .;381 I ----1 /12 .33 ..37 ..32 ~3 ta ~7 J!,O .f>S: ~ I I I .34 .;2 .;30 .,l3 ~7 (.4 ~I ~ .54: I I .34 .;28 .;30 .;lL.l~ r.s ~J .,10 .;28 .;zg ._31 ~1 ;31 ,34 ;38 ,36 ~1~ .;zg .;28 .;zg .;28 ~8 ,30 ;33 ,341 ;l'J )3 .JO ~ ~8 ~8 .l3 J5 :I ~~82 1>2 .;33 ,1>2 .1>2 ~ ;35 .l3 )9 ~8 .1>5 )4 )6 )7 ,34 Jl JOI )7 .1>5 .1>5 ~ ,30 ~ .281 .Z-4 .28 .30 .28 .271 :a ,25 .211 • I .! C3~ ,.. .. toca0of'l4:) • amen:ionare relo:i.'< toO,Orarencepoo.c(:) ® ........._ I I I (XXX) mu~ SUM>AAII HOI'~ JOOI'CANl)t£S lnMid ()Vlfi.,ld ~ed~ 50 50 San Awn~ 50.2 30.2 M•""""""= 63 42 Mnim.....: ~ 1& flti;JW;A 1.4& 1.69 --~/""-: 2 2.5 Ma•/Min: l..S6 2.37 UG (adjacent pt:); L31 1.'7 No. of Point:: 25 113 Wtol"""-"tt: '-I0/"'4r10' lumit>an Type~ Gl'ftn Genention lblltd Lamp~; 5.000 hour. ~n~n:: ~.000 A"S ~ T'1t nc-: 1.000 llo. of lumit>:or= 22 Avr,~: 34.41 (37 . .:max} G..rv!teed P~ The Guannteed :,Yen&e C:O:<STANT lllUMWJlOO cle:aibed at.c..e e "'onn~eed for !he n:cd 1ft of !he la~r.p. F1dcl Measwements: Ulumift>tion mu:ured in xcordanu "'lth I E5HA U.~~ ;;nd a11Sli.G4. lndMdual v-.luc: may vo.ry . Sec !he Vhtn•tyclocurncm fo-cleu:t:. Bcarical ~m ltequircrnent:s: R.e!er to Ampcn'e Dnw Q,;;rt >nd/<Y ~ ·~ Concrol Symm 5crnmart" for~J:~;. ~ ln>talletion Requiremccnt:s: Re:IJ't: a:~ +/· ~ non'linal "'*>&e ;-:line :ideo' 1M b:ol!a..-t a.nd :-.NCWre: loa ted Wthin 3 ~C1 (1m) of de:i;n locatio= By: Jod Stout file I/ ~tc: 1S7221 H« 10 oe re~WC<~IK«<., •no.• "'p,.r.-:roe-..--~ 01 u..c<o &c>crt: ~ U.C. 01 HI, :014 Uu.co 6ocrt: IJO!Cng, LLC. EEEI I II CCLU CSJZ: I Revised 1/30/13 Contract No. PWS14-38PKS 106 of 123 0 ~·uw ~. ...... , ..... • Pole on' .--~ -=..-2 '"""' 7fT . '1fT ~ &&-83 llr . SO' ~~ ' 'I'OWS .._g ')..'~ 'P 'P , ... 'P '),1 'P '/f) ~ '),1 '}.'2. ').~ 'J1 \ ').~ '>1-C5.;:;: '>1 l.umin.ires = :.'1. = ~VMZ , , 1X11J'NM:Z 7 7 )I )J ~ cs'otY 'JI" • ~ ~'\ \ . A'2. ':P • '#' 11. '>~ ').1 ~ '>' = 0 0 0 'fJ-~ .. ~ ' ' ~ ':?> )\ \ ').A '}1 ~'2. ~'\ )1 ~?. '>1 ,.~ :1' '> 065 .. ~~ '>~ ~~·~~ 9 ').~ ~ 0 . 'fo ,., '>'2. ~ '>~\ ').1 '#' ').1 ').~ ').~ '>~ ~A ~?. p'\ ~E> ' ~ E-' '>" 'fo ':P ~ ~ ~ '>f;) '>' )'1-)1 ~ ~ :-~ p~ t-'2. ~· ~ '>' ir. ').0 r '>1 '!> ~ '}'2. HOm: Po'e5 e.:. 8S are ~ c:ea tJ..-. Pole C6 WI Of a new celiD'A'ti. SCALE IN FEET 1 : 80 ,., ' "' ,. ~.)~ 64 1ol< loclobonl:) ·di-n~~ rtl.:i-.<t IOO,O!Unn« ooin:(:J @ (XXX) mu~ rMh;l·*' 1 Nwnc: Calwa. Hil~ Pwlc Rdicht l.oation.: ~kbod.CA ~-·>~.Nt Infidel -1:0•111.1. FOarCANOLES Cludield ,..__eel Aotenee: so San :.-wn~: SU MaJCim<lm: 63 Mnimum: 37 lA'; I"""" 1.37 ___ ,Min: 2 M>•l , • ..., 1.70 UG (>djxlen: ~): 1-51 No,ofl'loint: 2S '-'~"'£ ··--·~ lumin•n Type: w-n Genent..n lb!IOCI l>"'9lik: 5.000 hour: ~nlumeru: 134.000 t.vr; lamp Tilt nc-: 0.999 No. of lumin:ite<: ~ Av;KW: S9A3 (64.6ma•) 30 30.6 46 19 1.58 u 2.36 U9 88 Guw.nteed Penom-c.:: The Gu:anmee<l t.wn~ C:OtiSTANT IUUMIHAllON c!e:cn"bed >bove i: CU:>r2<1:eed fo< ~ n:e<llik of~ l>fll9. !;del MeL~ Rluminaion IM~<ure<i in xcord>nce """' llSHA Uo+-S« :one! 0 SSE lG4. lndMd~.>>l v>luc m;ry vo.ry. See ~ W'>rr>n':y documellt fo< c!e:rl:. 6ec1rical Sop1>e.m R<q<lftment.: ~'to Ampen;e Dnw O.on and/o-:he """'-eo-..1 ~em s..mm..y· fo<Ucrial.t~ ~lion Reqi'Wcment>: R=lt:: a::v'"" +/· 3'-' nomin>III'Oib~ a: line :ide of U.C t>;oUo..-t ~ ::nxtvre:: loa~ "'""""' 3 'ut (1m) of <k<ip> 1oc:2tic=. • :=~:C41:1=~:.:) tlt!).."HC''U I By. JodSt<M I File I 1 O.te: 157221 2.8-hb-14 Revised 1/30/13 Contract No. PWS14-38PKS 107 of 123 c SCALE IN FEET 1 : 200 C6~ ~ (.~ BS ~ :Jo C5 ~· ~ ,e A4 \)\)Q D 63 Q-f;3 Q ______r--A1 61 Q-Q-D .. :J.J~JC1 C4,., ............... 2 ~ ~ ¢0 C3 Po~<locaSon(:) •amcn:ion< on rotr.M toO,Or~:~nce~:) @ CJ:.XX) mu~ INO.UOES: ·F.:c:l01 ·F:clo2 ·F:cloJ Oce1rical Syacm Rcquircmcncr. Rcfc: :o .r.tnpc~ OnwCho!t ><!141« the "Mu<a> Contr..e s.,_.,. s.......,.,.,· !lac" clcarial =i;in,;. ~~ lkquircmcnts;; Rc:ult:: ~"\lrnc -1· 3._. ,.,..,..,;olvola;c ><line :ide of the b>ll;;ot•nd :tn~<N«; loc•tz<~ wruw. 3 fHt C 1m) ol c!e:i;n loc>tioru. SINGI.f WMINAJR£ AM>fRAGE DRAW OlAin' w-~ .. ----Sin"" ftlo;e -.. -~ \.SCOM_. .• Ml u • ~ ,'!C41.'1=-2:• l•l•~ """Ht"',' I Sy: Joel Stout I file I I O.tc! 1S7221 l&ffb-1C N« to oer~orochKeodi In •ro..~ fJI~~~ WI"':Z11 o::.-~Of.&a~r.-m Siloit LH'fr><~. u.e. OIUI. !Oilt.ll.e>eo Siloit Uglfno, llC. s ca:u a iY zz us Revised 1/30/13 Contract No. PWS14-38PKS 108 of 123 c lliW 1::1<1•·~, •• : .. ,,: 1:1'~ ... , .. Pole 01'1' IDCA:ICII -a':::-z .U•.U ""' z IU-82 70' . ' TCI'W5 SCAl£ IN FEET 1 · 80 .... ,, LumiMires ~--= :;.: .;:: ~ .... -""' 70' 1l017o'Y .. <:! l J 1l017.YMZ ' ' Zl l.& .,. f' 0 0 0 ' ~ .... ·. .p, 1' • r ·, .,. ~ 1 .,. 'P-'9 1\ ~ ./ ' 'P ,.. 1> 1' , .• ; ~ r ~ ~ 1' ~ ~ s2 C2~;o "' ~ ~ 1' ~ .,. '\ &"' .. , ... ~ ,, '>' ,.. ,.. .,. "/' '\.. ,.. "\ ~ y 1' 1' 1' "/' y .. ~ ,. ~ .. ,. ~ l. "' ,. .. ~ .. .. ~ ~" .:-.y .. , .. .. .. ,. i' 1' ~ .. •• • ' \ I'~~ .... ,, • 9 .\. .. ~ "' "' i' , • .,, .. •• + •· ~' .. .... ~. 0 ) • ' ' ~ .... {> p " '< .. ·•· . ~ ,. ~ ~ •' . ,. .. ·' .. ~ ~ ~ y ~ ~ ~ , .. '>' "-T 1' 1' ? i' ~ 1' Y ' .;-: f .. .. .. i' ,. .. ... / C1 ~ '>"' '>' 1> 'P '9 '>' '>' '>,. ' .. .. .. + "' .. ~ ·~ <{ ~~ ~ ~ ~ ~ ~ ~ ~~ ~~ ,~~4 A1 )' 1' y ~ ,... .,... 61 ~.. 1' ,") , ~ ... . ., l'ol<~:) .~ ... rotr.r. .. toO,O~ncHo«(:) @ CXXXJ mu~ ... Heme: s~ Pwt Rdiplt loc:mon: ~bo<I.CA . . I.,,. ... Nwnc: fidd1 Si:>o! 288'/2&5'/2W ·l>~•:h 60' SpX10'tc; 20_0' X 20_0' He .g,t: 3.0' .~ &t><l« CONSTANT IU.UMINAnON su.-.ur -cnwtm...~DII;l: lnf..,ld <MMid c.--eel~ 50 30 SanlMn~: 52.2 31.3 '"•'""'"'"" 63 41 Mnimum.: '1 17 :..-;/MOn: 1.28 Ul ___ ,....., 2 LS Mox/ rl-'n: 1.56 B6 UG (acfpcent pa): 1.36 1.66 CO: 0.67 No. of PeWit:: 25 160 ....,........,.,, ·.R)P•iATICI' Lumi.ui"' Type' C~n C..nurion R>ledla~llfot: 5.000~ Oe=%nl.......,n:: 1.34.000 A\s 1.-.p Tilt fxl>or. 1.000 llo. of Lumin<10ft:: 2S A>-;~: 43.79 (.:7.6 max) ~p~ TheCuonnt.,.,.SAwn~ COliS'CANTIUUM:IATlON c!ecn'l>ecla~ ~;'u::•r.ant.,.,.S for :n., ... tee~ life of :n., bmp. Fidd Mee~ Glumir>otion m«>~ in xcorcbneo .,.;u, IBIIAlM·~ :;nc!QIISE IG4.1ro6Mdualv.lu..: m;yvary s.,., the w-.. n-:m:ydocum.,., fo· c!~. fkaricol Syne.m lkqui"'ments: ~to Amp«""'" Dnw 0\.n ~fld/« the· Ml:co c-o~ s~ SU'nmwy" for «<vicol :i:in" trn;talaborl Requir<m«nts: Re:\.C't: >:.:wn« '-/· 3'-' """"" .. volt:o~ at liM .c .. o' th« b>.lla:t :md ~ loc:: ted ~ 3 !.. n (1m) C1! ~i;;n loc:>tioM. illy: Jod Stout fik IF /Ink: 15 7ll2 Revised 1/30/13 Contract No. PWS14-38PKS 109 of 123 0 \ SCALE IN FEET 1 : 80 .. :r ·'• ~ 1(" ~ .1;) C4 1-. ~\"'' .14 ., ~ .24 ""!/ 27 .ll -lt .ll .1$ .14 _,.. -'cl ,., "" ..,. A4 ~ ~ .it!-·--· 1~ -.., li ...... _ .. ~ .>3 ,., lfl. ;4;' ,., ~ . ., Ad• ~~ $ .. .)f ,., :-. ,., .'11) ~ .14 ...,. ~ ~ .,., ., ,., .58 110 ~. 41,' j ~ 110 Jd.' k ~ --'0 "''' .. :;;;-.~ . ~ -lt 2r ~ ·~ .as -'cl ' ~~ ~~: ill$/ .-:' A3 ~ -':1 I .,, "" 110 27 .ll .'11) _, ::.h;L· ., ~ .14 .35 .1l ~;;}!ttl .... \ .14 ... , ~ ,.,. -., "' tfO . -, "" ~ "" ...,. ~ ..1s ~ ~ .1;) .lis M $ 1 ~ b .14 :,. ,.,. "" ~ 27 ·'• I :LQ 27 .l:lj I .2) .24 .l:l .I ~ toletoc:otion{:) ~~-rm:M ~o.o~~:J@ CXXX) mu~ rM·#·*' I Nwne: s~ P...t< Rdp ~ Cati:~CA •lilt Nwne: 11dd 2 Si:e: lrn!;UI>r 279' /325'/300' Spxinc; 20_0' • 20_0' ~,P.t: 3,0' >bollc ~e SU~·•"'.Ah lnf'.eld G--ed~ 50 30 Sen livera£e' 52.7 32-3 M~xitnum:: 63 43 Mnimurn: 36 18 """''"""'' 1.~ 1.82 ___ ,WI: 2 u M>JC/1\".in: t.n 2.~ UG (>djxe11t pt:): 1..:0 U3 CU: 0.70 No.of~nt.:: 2S 192 l.I.V"-[+trQ"I~ wmi.na.ire Type: G~n Genen...., lbt>od l.aJr9lik: 5,000hour. ~nlurne= 134.000 ~u.npTiltf...-: 1.000 llo, ol wmi.-a'n;: 32 Av; KW: 50.0S (54.4 IM:xJ ~eed Perlonnena: The Guonnteed A~n~ COUSTAI\'T IUUMilAllON c!e:aibed >bove i: ~~eed lot~ n:ed In of~ l>mp. Field Mea>urancnts: ftlumift>tion ...... ·~~ in :occord:nee ..,:h IESIIA U.,_S.O: ;;nd OBSE LG4.lnc1Mc!u>l v:~ue~ m~ vory . See the W><rnn:y docul'l\em for c!e1* Ekdrical Sv-m Requirunmts: Re!er to Ampen;e Onw 0\;rt -.rtd/<Y the • "'-t:.co eo-ol Sy:tan s..mm..y• fot Uctrial :i=~r lnstalarion Requir..,...nts: Re:<-":: .:.:ume +/· ~ nomin.:l •'OlD~ :: line ::ic!e of the b:lb..-t :and :::tua\1~ loa:ed within 3 "'d (1m) of deip> loatio= • =~!~J:t =~~t-~t}t] :l.'![Cil I ~ Joel StOUI I file !1/ 0.~ 1S7222 04-M ... 14 Revised 1/30/13 Contract No. PWS14-38PKS 110 of 123 0 ' \ SCAlE IN FEET 1 : 80 'f;> ~. B4 ~Q 'II .;.. ~ . ~:\'\¢ \~ ~ )'!I '}10 '}10 ~1 ~1 ';P ':P )':> ~':> ?>'!I ~' ')2 ~'!I ~ 'jJ z1 -y. ~':> ~() z,O ~ ';P ~ '>"!, "' '>"!, ~ ~'1. ~1 '$1----I 1 "' Pole lccu:ionj:) • di-nen:ior~ on rcJ..n .. toO,Or~nce :x>inc(:) ® CXXX) mu~ MY PROJECT fncr..Cnd Scan Awenc'<: 33.9 "'•""""'"" ~1 Mnimum: 13 kt' I Mn:. 2.67 Mu/Mn: 3..2A UG ( 3dixm: pt: ): 2. 33 CU: 0.36 No. of Poont:: 50 ............... [ ·-'WIO· wmin.ait'tType: Crecn~:ion lbll:<l b<np life: s.ooo '-"' Or:''in lurne= 134,000 t.v; ~nit nc-: LOOO No. of Wmin.= J2 A\-; JNI: 50.DS (54.~ max) G.-.nteecl P~ The CONSV<HT U.W.UNM!Ofl ~ •bov't i: cuar:orteecl fo< the r:otcd life of the~~. F'idd Mea.......ancnt: Ulumirut>on mu.4.ted., xcotdance wilt~ IESHA lM·~ ....S O!.Sli.G4.1ndMd•»l v>IU<:c: m;y vary. xe lite VhrrH>:y document fo< <leu":. f1«tricaa ~m Requi~ments: Refer to Amper:o,e Draw Ot.>n >!td/'>' the • M.l>eo C<lnlral Sy:t..,. S<.mrnaty" fo< Ua:ria' :i:CII&o IMtallation Requireme.nts: Re:u!t: a:~ +/· 1"-' nomnal.-ola£<: ;: line :ide of thc bah:t :md ::ruau= looted ... ~} ieet (lrn) of de:ig> loatioo.:. Revised 1/30/13 Contract No. PWS14-38PKS 111 of 123 0 SCALE IN FEET 1 • 80 cs T ~ r-o 7111 :tl : J' )t ·----~ p ,1,-;.,, ! J9 1fJ ;. ;11 ;YJ ;Jt ~ ,. ;s 77 ~ 32 .3J. ~ .:0 ;fJ .28 ~ ;t2 .15 ;1( .2&71.10.,l1 ;t2 .3J. ~ n ;-a ~ .Jt 31 ,, .lS )S .JO ,)Q ,)Q ::a ,ll ;Jz )$ ~ .» .lG ~ ,)4 .J5 ~· 17 ;tJ )9 )!il .u, )!il ~ .Jr. -" .... ~· ,...66 .T » P' :tJ . ~ .» .JO ~ ~ Ji3 liS ... />2. ~ ..... I I ,. .... •g""' AS "' A ~7 Jlll :tJ ~~ Af "' /14 M M ~ .s&1 ~ I :.1-----I .» ..,, ~· .» .15 .. .3J. .» .,. .16 ,IJ .Y> "' ~ .16 ,121 Jl 1-9 [,.& J\2: -~~ t. AS .. ;r-~ l'ol<locolion(:) ~~-relo:i\ .. :oo.o..e-.rn >Oft:(:) @ CJ:XX) mu~ co.--eel~ Sont.VU>~ M•1ClilnUJ'I\: lo~nim""" kfc/W:..: ___ ,Mill: M>~tr..·UG ladja«n: pu): CU: No. of Point:: l.JU'~£ ..._'-WlOOl llllie.ld 50 Sl..4 62 ~1 U6 z L50 1.30 0.68 25 lumlnain: Type: GrHn ~.on ~ u-np life: s.ooo ~~ow: ~"~"' 134,000 t.v; ~Tit f:anor. 1.000 flo. of lumln~= 30 Av' IM': 46.92 151.0 =•I 30.1 46 19 1.59 :z.s 2.~5 1.69 183 ~ Periomwt~Cr. The Gu:onnteed ~r;e CONSTANT lllUMINAJlON decn'bed >tboYe i: ~r.mteed for ~ n:.td life of~ bJrp. Fidd ~o.nments: llumift>tion me~ in xconbnce ~ IEStiA I.M-S-04 ;;nd Oasl ~ l~u•l r.luc m-zy vary . See ~ \'~nfl':y docurnent for drt EkctricaJ ~m Requirement:: Recr :oAm~e On-... Ot:n •:ncVvw ·MuxoControl Sy:tems..mn-y" for~J:i;;,;. ln."1alation Requirement:: Reu't: :o:=ne +/· W nomin•! .olt:or;e >!liM OlC!e ol 1M l:>•h.'t and ::ruct\Ue looted ..... ~ 3 ~rt (1m) of deip\ locrio= ~ :7:CillT::i:r~ tit! ,_1TC17 I 8y. Jod Stout I File If /l»te: 157222 (W.M..,..lA Nc:& to E>t rr:otedl.l«'d trt ..rcie 01 P-Mt W'tnCYA :"',e wt:lm o::t".:2M ~ fllhl:.C:O &C>On: ~ng. UG. 01"1. :0141.1tr.co ~ U;ll:no. LLC. Revised 1/30/13 Contract No. PWS14-38PKS 112 of 123 0 IIIli' 1::1 •••• ~.,.:. :•: '1:1:\.'-' • Pok lumineita on' ~ -t'l.~ -:.:-= ::; = I= 2 .u-.r.i "'" "'" 1300\VMZ ~ ~ 0 1 ~>U 70' 70' 1300\VMZ 7 7 0 ~ 70' XI' L"'O''.Yt.ll ~ , 0 ' 'IO't:N.S )0 )0 0 ..;>8 ..;>c9 V._!l -Q ~ ~ .., .... J, ~ ~ ..J, ..Q ..J, ..J._., ..Jo ..;>,... ..Js ..J., ..J, ..?._., ..]> ..].? ..]6' 65 ~0/. ~ SCALE IN FEET t ~A6 ;: I'OitlocoOon(:) •cmu~ercrerr.;.. .. toO,Otdtffi'l<eQOn:(:) ® (XXX) mu~ MY PROJECT •Ill. Nwne: FOdcl ~ Overley Si:e: 29()' X 150' Spxir>;: 30..0' • 30.0' Heiglt 3.0' oboYe &D<fc t;.J:t,tJ:·••*'''*'':fJ.t.J: sur.··-"'< -I:OHW. FOCJTCANOUS ErmreGtid Scan Avcncc: 31.2 M~ •H Mnimum: 19 k.-;/Mln. us Mu/Mn: 2.19 UG (:odjO«nt pt:): 1.72 CU: cus No. of Point:: so ..... ........,(..,JO:'•··-Lumi ..... ire Type; Green Gcnention lbtcd bmp lm:: 5,000 how: ~n lumen: 134J)OO ~ Lrnp r.tt nc-: 1.000 No. of lumi~:t= 30 A''; KW: ~.92 (51.0 nux) ~ Pcrfotmenu: The CXlNSTAHT llUMINATION ~ obovc i: ;u;onntccd for the rncd 1ft of the IOJI'II>. field ~uurancnu: Uklmir>t>on ~M>>Ured on xcordona Wl'!h IESHA ~~ ...0 011Slt.G4. lnciMdli>l v>luc~ m:oy vary. Sec ltlc W;rro~tydocumont fordct Bectrical Sy<lltm Rcqui"'ments: !leer to Am pen'" Dr.·., O.:.tt ond/<>< the • MI>CO ~ Sy:tcm Surnm.ty" for Uctriol :i:inc. lnnallarion Requirane.l'lts: Rc:l.o t: =me +/· .3"-' -...nol YO!t>"' >t line :;ide of the 1»11.~ :md :ttucture: looted ,.':1hin 3 ~"' (lrn) of clc:ip> loarion:.. ·=~!C'jJ~I=~:.·~•I•!"-~tq~ I By. Jod Stout I file f I O.tc; 15 722.2 04-U ,.,..!A Revised 1/30/13 Contract No. PWS14-38PKS 113 of 123 0 SCALE IN FEET 1 150 C2$ C1 0 ' ~~ ~,.-t> .,, r~-(1."'. '1.4>~ C4. ~ ' 81 C5 0 A2. ~ • /&1 A1 • A5 A4 $ A6 ~ '<1> A3 l'oi<IOC:Iti:>ftl:) •cli-nc~~retr.f~ toO,Ordtnnet :ooinc(:) @ INCLUOE.S: -~<H -~cz -~ZO/etlay ·f·eJcl • F';e~c l 0/etlay CJ:XX) mu~ ·£1Ktrical Symm Requi-~ 1D Ampens;o EhwCNn >'td/<>< chc "'Musco Conttol Sr-ccm s...nm.ty• ~ el«triol :i:in;. lnslalletion Requir-ements: Re=ult: ..:;.-umc -1· J!t nomin•holu~;e :r.liM :ick of ttl<: b>ll:o:t •nd ::-~ loaced within 3 !ttt (1m) of c!dp> locrion.:. sr£K Pllo;e \'0&1; ISOO,..•MZ By. Joel Stout file f I Date: 157222 Hct to oe: ~ t'l .-roe r~ P..wt W'U'IOU: :-.r 'lll"':::tn ~.;.eru cf. a.u:co &cocm ~ u.c. Ql'tl. 201A u=o SOcrt: UgiCJl9. uc.. Revised 1/30/13 Contract No. PWS14-38PKS 114 of 123 APPENDIX C SUPLEMENTAL PROVISIONS FOR CALAVERA HILLS AND STAGECOACH COMMUNITY PARKS ATHLETIC FIELDS LIGHTING RETROFITS CONTRACT NO. PWS14-38PKS CONTROL SYSTEM SUMMARIES The Controller System Summaries provided in APPENDIX Care for performance standard reference only. CONTROL SYSTEM SUMMARIES FOLLOW THIS PAGE Revised 1/30/13 Contract No. PWS14-38PKS 115 of 123 0 Project Specific Notes: Materials Checklist Contractor/Customef' Supplied: 0 A ~e COf".ttol ClleUt trUst be aJppUe<l pH Cll5tlb.l'on panei iOea!IOJ'I. -t: ll'le con:r01 vo.tage ~ NOT z,-ai3Cie. a contto tramlbrmell$ reqllred. Q El~e31 CllabU:len pMit' :o pw.':de O'mc:tlrrenl proted!Otl •cr c.rcu::s -lllenna.tV.lg\~ CJreiA 11rea1er me<! per 'I.CIIoad a!T1)6 on c.-am SUrntnaly Dy Zore Cl\an 0 W'.rtng: -:>e«eatecs OOO!n)j pcM~r CII'CUt -?o•-w ctcun :o ancs ~ 11g1111ng c:ont3((0(5 -\4onltol'41g dn:Utt ~ wrge protection ~~ce 10 eon~ ane1 ~ eaCinet 1 -Ham~ rcw cablr:ets at remote loca::O!l$ -~ o: grou'leltlg. lnclJCitlg ~tnn..ng got.m pro:e«Jon c 5Jec:fc.ll concsw W"t!NaY q-s:em -fn:rance l'd)S rated '\EllA-£: m~ be Clle<a5t z:IIC. PVC. Of coppec-II'M eskaSt allmlrum c VOII'Illll9 l'lantNa~ •01 eabne-.s C COt! :rot dt'CU: IOC:t-on oeVIce :o prert-ent unauthof1Zed pow-er "'tenupc!On 10 control j)<M'ef 0 M :M:IOrTO$IOn oompoi.I'ICS 10 apply 10 enel5 01 ... ,~.It ne«'~ Cd,V Con:fOI.Unie (;en.tra/(TIJ) ope,.-Jons CM:er a: sntJC-3310 ro sCIJe<tu.te acr.va:fOn or w cor.:ro1zy3tem upon ~ter.ttn ot the mra.!.lar.ttn. No:e: ActttarJotlmwyc.tce up10 11/2/IOUrs Control System Summary Project Information Project•: Projee1 Name: Oa:e: Project EnplHr: Sales Representalive ConlrOI Syscem Type: Communication Type· Scan: Document 10 : OlStrbstion Panel l oe.:1tion Of 10: 157221 Cai.:M?f'<~ His PatJ( Relight 03J07/14 J Stout K.vl'l Anderson Control and Monnoring ~Ceftular 157221 157221P1V1-0307153618 Total • of 0611b.nlon Panel locations fM Project: Calawr<~ Hills 1 2n10011 120 Design VolageJHertzJPhase: Con:rol Voltage: Equipment Listing DESCRIPTION 1. Control and Monitoong Cabinet 2.Control and Monitonng Cabinet 3.5\rge Protecbon Device T 0131 Contactors T ota1 Contactors Total Offi'On/Auto ~:ches: IMPORTANT NOTES APPROXIMATE SIZE OTY 12 6 3 2~X72 2~X72 6X 10 SIZE 30AMP 60AMP t. P~e~~ cant~ U1.11 11\r Ck': oQn VOID~ ::N ~YI: .:: XC\n!~ rot l."'i: ·~ ey. ~:ron wn~e.'llf:~~.: e1~.n~ ,, 111~ w~~~ 1:1e1np c:~ «'ldllti!ZN ~nell ~-'110 e»~': t1.11~t ellCJO::..n ~conn.."'Ct. t>~tc.n.:e Ot':?'l \Otl~~~ C~!\ l'e':Ull ~tion.lll CO"..t: J~'llll c!d"}":. Cor'..:xt 'fCill t.U:<O ~.eo: rcgr~enU!J~ II> CCHI~li!TI l."'i ~ ~. 2.11'>~ )pl\r~ Ot':a,'\, ~ ) pi'~-to be NIIII>U CIIPQ.e ~nen .11) PM:e <'t':?'l 1: 11:~ uu-..cO': :..110 e pru~ III"'J".lllt'e: cor-e ~ 10 ~a zr ~• l 1>'\Y~ ocrc~: w C-'I!R t:K .tt l. One c~ 1: ~~~~ tc;r u eh liCk. Wll.cn ~ po.~ r~ rr~~ c-ttut:, en~ cor.~ • reqJ~ 'Or ~.xll Grcl.ft. cont.x=r. ote Vl 1:10 .. ~:N rcrl."'oe p!.lljl~.e<S ar.:nuc4.1~ O)C1. AI conbt'Jer.-l pole 4. r· C'le a,ml-9 :r..:em • e~ reo trorn me« ~~~en~ Cf~t71)r..Ccn IOc.Xon. ~ll0!\"1 ~~,a-.: ~be ~-ro. Cor~ct 'fC<II M.nco :JO co: ~:.er:· .,:,~e • S A :"'0"~ conll'OI Cl't!'.lt rr.r.t be :Uil9{~ per c0111:'01 :r..:rn. &. 31u O'<HCUI\'t l\1 Cl~ ~ U:.nQ It~ • Jl10.11d ~-~ COiu'!\11 C( tll,e C:rcuft :lU'IItr JJr'/ Bt Zllr~ <>""'"" t.t n>-11"1\ oow.cr 'MD"~ 0.' .VOTE: ~to ln..'7allanon Jnstntcnon.; for mo~ d~ta1b on cquipmqnr m.fo171'1arion and thq mstallanon r~tJUI1'C1'nmts Revised 1/30/13 Contract No. PWS14-38PKS 116 of 123 0 Cont rol System Summary Calavera Hills Pm R~light /157221 -157221 Calavera HiDs -Page 2 of 4 r-----------------------------------, Controi•Lenk. Control and Monitoring System lrlll!tMn!'f' f~(ar.,d t/J Q4»~r '« oontro \'Ota;e l01.41Pif d G .h-:t~el E1Ktn:8 d"tttutlon I'Qnel (prl7n:kd bf 011~om:r I« Cl~rrt'll ttOI!CIIc•) Sll'}t ;n~locl01 dn1Ct m:ntcrto} A \\iiJOtltl)flillltOI)'!rflt ':ut Cllcti'H!fPt; I C.:wtr ~· blO Phdb;e lt'OP. C Wnm:n cco:utc!~ ~ Y.lreh~Jtti2 trcrco·-••reto~tln~qt~ ~ \~n:!) '~ILIIn I' (tar :cnm1cr tnls liiJUS fl•w;hl C S.lO~ICcnlUid~shlt.ldbi!*'COOt r• IIA l l.icltG l Add~IOC!:i 0011110 .,.. mon00n19 Nb~"O:Ial , ... 12 14 "" U) '~" ,., ,. Yu' a· ru· C.D "" l:s ""' V.s C 0 I 0 Alllf IOC(I"'fCI iiOJ 110110' Of t/1RI'IIr~GRhlnl111'~1ntl<l'm:(l Ctl~l~tn:lrl:rntHY111C!II 1\U.lttn lt1'JittMIII t C4mdV~tmilll\ltml!llt.4rt il'IJI rrrmorculb• lltoc~nc:..:nal))lll¢1<11. f. lltlt•" t,•9f P'I'><VI~ ~\•:t rt'll'i!ll::'l hll'l'\1:<'ri I('!' l'!lllt tl. t 1'1 f'lr9,.1!11 "'"'~'·'~ ~2 l!t llolllf1C<l tt,llh~ll 0 lhtrbtHI M•tl-6tCIMI "It •l Mlf t:.1 llllt\&$rltrtllflmi!JIYII/ltfflti\1'HI' ~IUrOIU( llll' I III'Oni.IT! CetrmJU~Uivtlt'SJ ttMitt n «f>}'<¥ Cc.nlLII tro ., .AGtOftt.,.tn;tl 2 3 4 6 7) CUircl (l ~I J\l :nl:trg (7} A~'d ltiJibt ~W~Ccn1\tllnlm ·c~: b:>HIII':1VIIW'I)II 11 · v.-su;f.l CIS •,. hr.csst~ .n 1"00.\l 1e1 11 SC~m~rd ••at len) II$. L-----------------------------------J , ........................ Revised 1/30/13 Contract No. PWS14-38PKS 117 of 123 (XXX) mu~~· ______ c_o_n_tr_o_l_s_y_st_e_m_s_u_m_m_a_r_y_ -~ Calavera Hills Park Relight /157221 -157221 Q ~·--·~uc CaJavera Hills-Page3 of 4 --· SWlTCHING SCHEDULE Field/Zone Description F1e1d 1 Field 3 BALLAST SPECIFICATIONS !0 &Lnt."'llllll PC~a.:r Fxtor ZoMs ,----- 2 3 BAllAST OPERATING VOLTAGE 1500 Wan Metal Halide Lamp Ol!~no ere ;,~~ ~ t:~:~we-rrnrr .r.. 1000 Watt Metal Halide Llmp ~no !:roe ;)~~e per~ rrosnr.n VOLTAGE: 2nv 208 220 240 8.6 8.3 7.5 6.5 6.4 5.8 CONTROL POWER CONSUMPTION 120V Single Phase VAioadiOQ INRUSH 5013.0 of 11usco ~ SEALED: 573.8 Equ:pment SINGLE PHASE 2n 347 380 480 6.5 5.1 4.7 3.7 4.9 4.0 3.6 2.9 CIRCUIT SUMMARY BY ZONE POLE CIRCUIT DEICRIPTION a Of' RILL COHTACTOR COHTACTOR FlXTUREI LOAO I IZE (AMP I) lD AMP a At F'.elC! 1 3 19.5 30 Ct A2 ~elC! 1 3 19.5 30 C2 b1 t e10 1 ~ 2b -'0 ~ 82 f'"elC! 1 ~ 26 30 C4 C1 F'eiO 1 3 19.5 30 C5 C2 f'"eiO 1 3 19.5 30 C6 A2 f'".eiO 2 3 19.5 30 C7 A3 P.eiO 2 3 19.5 30 ca 82 f'eJcl2 ~ 26 30 C9 ~ t e10 2 ~ 2b -'0 (;10 C3 f'.eld 2 ~ 26 30 C11 c.s f'eiO 2 ~ 26 30 C12 A4 f'".eiO 3 5 32.5 60 C13 AS f'".eiO 3 5 32.5 60 C t.s 84 ~e10 3 1 45.5 60 C15 85 f'".eiO 3 1 45.5 60 C16 c~ f.eiO J 7 45.S 00 C17 C6 re!O 3 1 45.5 60 C18 ·-- 0 ZOHE 1 1 1 1 1 1 2 2 2 2 2 2 3 3 3 3 J 3 Revised 1/30/13 Contract No. PWS14-38PKS 118 of 123 CABINET CONTROL COHTACTOR • MOOut.E 10 LOCAT10H 1 1 C1 1 1 C2 1 1 C3 1 1 (;.: 1 1 C5 1 1 C6 1 1 C7 1 1 C8 1 1 C9 2 1 C10 2 1 C11 2 1 C12 2 1 C 13 2 1 C1~ 2 1 C15 2 1 C 16 2 1 C17 2 1 C 18 ZOfiE IELIECTOR I WITCH zone 1 1 zone 2 2 Zone3 3 0 Control System Summary Calaveora Hi.lls Partt Refight / 157221 -157221 Calavera Hins -Page 4 of 4 PANEL SUMMARY CIRC\Kf OEICRJP"TlON FULL OIITRJBU'nOH CIR~UIT LOAD PAN£1..10 (8'1' BREAKER AMPS OTHERS) POimOH(BY OTHERS) PoleA1 19.50 PoteA2 19.50 Po!e81 26.00 Pote82 26.00 ?o.e 0 1 19.50 Po.eC2 19.50 PoleA2 19.50 PoleA3 19.50 Po!e82 26.00 Potesa 26.00 PCXeC3 26.00 ?cte (;.: 26.00 PoteM 32.50 PoteAS 32.50 Pote84 45.50 Pole85 45.50 ?o.e cs J.5.50 ?o.e C6 45.50 ZONE SCHEDULE CIRCUIT DESCRIPTION ZONE OEICRIPTIOff POLEIO COHTACTOR 10 F'eiCS 1 A1 Cl A2 C2 81 C3 82 C4 C1 C5 C2 06 F'e.ICS2 A2 C7 A3 C8 82 C9 83 C10 C3 C11 C! C12 F'eld3 AJ C13 AS C14 84 C15 55 C16 C5 C17 C6 C18 Revised 1/30/13 Contract No. PWS14-38PKS 119 of 123 0 CfXX) fll~~· __________ c_o_n_tr_o_l_s_y_st_e_m __ s_u_m_m_a_r_y ___ Project Specific Notes: Materials Checklist Contractor/Customer Supplied: 0 A &:ng~e cor!rOI Clleut rrost De Wppfled pel CIISa'tbu:!on p<W~ei iOCa!Jon. -c tne oontm ~ ~ NOT ao-allal)le. a con:to1 trans"bn"rer IS reqwed a Elec::f.cal CSJs~bu':IOn pane '0 pnWJ!e O'lercurren! proteCtion '0( CIIW".$ -lhe:nw'\t~:lc Clleltt crealer SIZed pe:-"'.G load alrfl' on Ctcu!t SUIMlary by lore crwt 0 W'l1ng. -Deckateel control pc:t.\'er clreUt -Po'AW ercult :o al'ICI ~ llgtlllng cont3CtOr5 -'*lr!norng dtaln ~ wrge pro:eetJon c»·~tce to C«<tm ancs MO .. nng ealllnet 1 -H.lmeue$ rcr caDII!e~ at remote lOCatoR$ -'Aean:s 0' gtoU'lell'lg. I~CI'I:'lg agl'l~ golm pro:ec:,on c Ele<:':tlcal c:ondtA Yl.re~~ay 6)'6!£-'n -Ennr.ce ,_.,,rated "EWA 4; ~be Clle-<:a$1 z:.ne. PVC. or copp«-1\'M ~~ a\smlnum C Vot.rltlncJ rwcttme •tw cab;ne-.s C COn:rol di'Q.(~ IOCl-on deVIce :o pc'e"o"ent unautnonzeel pc7oftf merru.pcon to control po•·er 0 An:J<orro&IOn c:ompou'ICI to apply to ene!s Of ... tre.lfnece~ CG'C«<~ cenrrat(TU)ooe~ cen:e1 ar8n/347-3310 ro $c/le<1IJ.~ act~:ron ot Clle cor.~ $)~$:em vpcn c.omp.~t.WI ct Ule tma'\lt.WI. ~>~o:.e: llaltar:on may take vp ~ 1 112 hocJrs Project Informat ion Project •: Project Name: Da~: Project EngneEr. Sales Repcesentanw Cootrol System Type: Communication Type· Scan: Document 10: DIStthnion Panel Location or 10: 157222 Stageooach Part Refight 03107/14 J Stout Karn Anderson Control and Monrtoring [}g.tal CeUubr 157222 157222P 1 V 1.0307153814 Total• of I)Jsri)unon Panef Locations for Project: StagEcoach Part 1 271l6011 120 Design Vo:ageJHertziPhase: Cootrol Voltage: Equipment Listing DESCRIPTION APPROXIMATE SIZE 1.Control and Monitoring Cabinet 2. Contrcl and Monitoring Cabine; 3.&.-~ ~ Devloe T ota1 Contactors Total Contactors Total Offi'On/Auto Swi:ches: IMPORTANT NOTES QTY 6 12 3 24 X72 24 X72 6X tO SIZE 30AMP 60AMP 0 1. P ..,~ conr,.,U\:n ~~~e ~-;nvol"~~c ::ea )110-..e ~ ~'C\n:t ~=--~ ~ ty. tk: .gn ~~e<'pf'..)~t ~ 0~1\CO ~.: Ule IIOL)Qe.~e Ccl!Y,I Conlleoed ~ u: rzro ~ e.xh r~ poe': tt..,r.,:t cr.dO:,ze G.:corll\ect. ll»tc.n:t ~}!rl iiOb'Oeo~e (,)'1 re:~>n n ~t1on;1l C<r.C ~ Clcl)~. Ccr..:;xt yowWJ:co :.-=a~ repre-:.ent:t• tr toccnntm e-.~~. l. In .., 3 p.·~e ~'71 • .., 3 ~r.&c-: ,'l!'e to be N'l to u cn PCIC \'ncn .., 3 gtl.2.:e de: ?It; v:co U~: :.n;'c ~~~~ lin" .N~ co-c lll'e"'.n<l to WI~ ~ 3 p.'l.r--c-: ,'l(l'IY.: ~ e:nat tx ty 3. One cO!U)oet 1: rcqul'CO tOt cxra !)Ole. 'lltcn.., poe t..,~ 1!'14"-l>.c rnut:. one cor.LXW • teqJ:t'Cd "'t cxn c!rcun. ccn~ ~ U\. U)i)._ n :ea ~ ~ f)t..l:l( ~'led ccr.~n~ ~ AI conb~ ,'IJ"e 3 pole. 4 t•l:".e 11:r-o :::r..:cm.., t:e rtO tro'll m~ ~" one G;trtY..t:on I!Kotcn. ~I>ONI t'ql~V"H.t I'I\3Ybc ~ Ccr.:;..,t:Y04.if'At.l:CO :)r.; ~..cr~!.fC • s. A :r.,:c «~n!rO ctaittr.~:tbc :~l~pe" conl!OI ~:t"'. 6.. 31ZC O'ltn:UII"t :l! ~C': 1/"..J'~ lt.C • .11 0)(1 ~<P: COlU'I'\n f:t tile ClmA! 31M\ IT' ,'It)' S:t Zo--e CNr.-l.l :ar-um pow.~ •xw.: 0' .VOTE: ~to ln;tal/a:non lnstTUctions for mol"C' d~tail; on ~quipm~nt uifom:arion and th~ msraliarlon r~qurrcmmr: Revised 1/30/13 Contract No. PWS14-38PKS 120 of 123 0 CXXD m~·...._ ______ c_o_n_t_r_o_!u.-S-:-s-..,t-h:-:-R~-Iig-~-~-,~-. 2-=-~-1Y57_222_. _ 0 ;J:M•-a-~uc Sbgeeoadl Pari(-Page 2 of 4 -· r-----------------------------------~ Controi·L•nk. Control and Monitoring System lr~n!S«mer l~ra•IS!d t11 cr.:o»mcr fer CIOntro \'Oil._. ~PI/ d IICt .Jo~.ablel EIHit.: dntthiiiOn PGMI (prunlkd 111 a;~omcr for 0'1-e!O.H& .. rtOiethOil) Sutoe prot&:Uo dt'lice A \\)1$1IDltl •o pcor fit ~ue en oo-pt; I ~:wl: p:r b1d *'l!tdtJ;t ctol\ C II n m.rY cm:ut d8n:'ltr ~ YA,.CnqJn<2'ttll'm.,..,.,uut:ID..-tmll)) :-"n:~r~u·u 1' (lrncantcttt rrrn, Nn tuw;hl C 1.1 01'111 COillUI d fi'U'l Sl\11111 llt pw COlt uUr ~~~·A If: II~ l 12 ~uC 14 ·~ .. m ·~"' ,., a· '"' C.D.C a· 'is' c.o '~"' ~!S U'A Y•s C.O I 0 I'll r IOCMJII.,l! II"'IO'Of¥0~ "'I,.,U¥hlll hlf•u.-"1100 IO'ITIII Ull;icn fq~tnllll:fii\JI(Jl i'Ocr. hJl)l)lM~f(fM'It; E li!rnc:t: lllt!OQIIII\Umlm Mtl ~Jihlr(JTIO'tul~ l•l(f IOCCI'I'l~~lU<:tt:f•'fl)t II"Jt F. !'tit•» ·'~11'1< <N~ :t o"'~' •w rth\1Hl'tl~mt• H. i <nVlt~'"•l'lfl!<( r.•."tl!'L'1111l.'lll<I'IIIWII" "II G ICinbtttf,.,l• ... tiCfMf rt •l~;~·t C.VliNl tr;liUuniiiiYittliOHI\)I'J n.ftutOtUftl ; ) .. NI'Uitl Ccnmod::I1CII•rtt~)lnUUI nupr.tUCI\hJittO iii'IJAC~Oittf,.ttli ll 2 3 l 6 71 CMI'cl(l 'IJ\J .nl:flg(T)AIIIUUSibt IIU~CtnlUII'!OIII •c.,._: btHOWtl,_~11.11. • .,u;co taJ;fl at NID"Ctuft ft fTCio"n:lh strdlrd .~lCC MJI!.S-L-----------------------------------J ,.,..,...,...... ............ Revised 1/30/13 Contract No. PWS14-38PKS 121 of 123 0 ~Q ______ c_o_n_tr_o_t_s_y_st_e_m_s_u_m_m_a_r_y_ -~ St.l:ge<:oach Partt Relight /157222 -157222 c . ;111~-::c-~uc Stagecoach Partt -Page 3 of 4 ..... ,~, SWITCHING SCHEDULE F~ldiZone [)e.scription F1etd 1 F1etd 2 Field 3 BALLAST SPECIFICATIONS ~ t.!:n.m"'" Pov.u FKIOC' Zones ,- 2 3 BALLAST OPERATING VOLTAGE 1500 Watt Met.JJ Halide Lamp ~no lr..e ~~e l)ef'r.nr.n-rrul'r.r:~ lOCO Wan Met.JI Halide Lamp ~no lr..e ~~l)ef'~rrul'r;.M VOLTAGE: 2nv 208 220 240 8.6 8.3 7.5 6.5 6.4 5.8 CONTROL POWER CONSUMPTION 120V Single Phase VAIOadtng INRUSH. 5013.0 o!Musoo Suppled SEALED. 573.8 Eqtqmern SINGLE PHASE 2n 347 380 480 6.5 5.1 4.7 3.7 4.9 4.0 3.6 29 CIRCUIT SUMMARY BY ZONE POI..E CIRCUIT OEICRIPTIOfC •OF FUll COHTACTOR COHTACTOR FIXTURE I LOAD liZ£ (AMPII 10 AMP I A1 Pe1:2 1 3 19.5 30 C1 A2 Pe1:2 1 3 19.5 30 C2 til t.HJ 1 0 .J\1 ou w 82 Ftel:2 I 6 39 60 C4 Ct F".el:2 I s 32.5 60 cs C2 flel:2 1 s 32.5 60 co A3 F".el:2 2 3 19.5 30 C7 M Ftel:2 2 3 19.5 30 C8 83 Ftel:2 2 7 .ss.s 60 C9 C)Q tea"'-I ~.:. ou \,;lU C3 F".el:2 2 6 39 60 C11 C4 Ftel:2 2 6 39 60 C12 AS Ael:23 3 19.5 30 C13 A6 FTel:2 3 3 19.5 30 CIJ 65 Rel:23 7 .ss.s 60 CIS 66 Pel:2 3 7 .ss.s 60 Ct6 \,;;) r<ea., :. .u..:. ou \,;11 C6 Pei:2J s 32.5 60 Ct8 ZONE I 1 1 1 1 1 2 2 2 "1. 2 2 3 3 3 J " J Revised 1/30/13 Contract No. PWS14-38PKS 122 of 123 o::fX) mU~~------C_o_n_t_ro_I_S_y_s_te_m_s_u_m_m_a_ry __ -~ Stagecoach Parte Relight /157222 -157222 Q• .:DI4--~uc StagecoaCh Parte-Page 4 of 4 -- PANEL SUMMARY CABINET CONTROL COHTACTOR CIRCWT OEICRPTIOH RILL OIITR.IBI.mON CIRCUTT • MOOU\.E 10 LOAD PAHEL IO(BY BJtEAitER LOCATION AMP I OTHER II POimON{BY OTHER I I 1 1 C1 Po:eA1 19.50 1 I C2 Po!eA2 19.50 1 I C3 Po!e81 39.00 1 1 c.: Po:e82 39.00 1 I C5 ?cteC1 32.50 1 1 C6 Pete C2 32.50 1 I C7 Pole~ 19.50 1 1 C8 PoleA4 19.SO 1 1 cg Po'e63 45 so 2 I C10 Po!e64 45.SO 2 1 C11 :;,oce C3 39.00 2 1 C l2 ?o.eC4 39.00 2 1 C13 Pole AS 19.SO 2 1 C14 PoleA5 19.SO 2 1 C IS Po!eBS 45.SO 2 I C l6 Pole 56 45.50 2 1 C17 ;)(UC5 32.SO 2 I C l8 POCeC6 32.SO ZONE SCHEDULE CIRCUIT DESCRIPTION ZOHE I ELECTOR ZONE OEICRIPTIOH POU:IO CO NT ACTOR I WTTCH 10 zone 1 I ReJO I AI C1 112 C2 8 1 C3 82 C4 Cl C5 C2 C6 Zone2 2 fl~2 A3 C7 M C8 83 cg 8.: C10 C3 C11 c.: Cl2 Zone3 3 ~3 AS C13 A6 C14 8S CIS 56 C16 cs C17 C6 Cl& 0