HomeMy WebLinkAboutBuilding Energy Consultants; 2000-01-15; P00-01Recording requested by:
CITY OF CARLSBAD
When recorded mail to:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad CA 92008
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2000-0415163
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NOTICE OF COMPLETION
Notice is hereby given that:
1. The undersigned is owner of 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 of improvement on the property hereinafter described was completed on May I,2000
6. The name of the contractor, if any, for such work of improvement is Building Energy Consultants.
7. The property on which said work of improvement was completed is in the City of Carlsbad,
County of San Diego, State of California, and is described as follows:
The Installation of a Centralized Wireless Remote Lighting Control
System at Various Park Locations - Contract No POO-01
8. The street addresses of said property is: Stagecoach Park, 3420 Camino de 10s Caches, Carlsbad, California 92008
Calavera Hills Park, 2997 Glasgow Drive, Carlsbad, California 92008 Poinsettia Park, 6600 Hidden Valley Road, Carlsbad, California 92008
Chase Field, 3400 Harding Street, Carlsbad, California 92008
Pine Field, 3333 Harding Street, Carlsbad, California 92008
Carlsbad High School Tennis Courts, 3557 Monroe Street, Carlsbad, California 92008
Cl$KfJPCARL~
r/General Services
I, the undersigned say:
VERIFICATION OF CITY CLERK
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad CA 92008; the City
Council of said City on July 11, ,200O accepted the above work as completed
and ordered that a Notice of Completion be filed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on July 13, , 2000 at Carlsbad, California
CITY OFCARLSBAD
(Tr,“\-+r C-I I- +)0-o
nf3 f5,Bocr 7-/r-n,.
City Clerk u
Karen R. Kundtz, Assistant City Clerk, Y
CITY OF CARLSBAD
San Diego County
California
CONTRACT DOCUMENTS AND
SUPPLEMENTAL PROVISIONS
/-
FOR
CENTRALIZED SPORTS
LIGHTING SYSTEMS
CONTRACT NO. POO-01
June 7,1999
t 3 tv7laa rnntramt hh Dnn-ni Dcw.s 4 -#CA D~.msr
TABLE OF CONTENTS
Item Page
Notice Inviting Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Contractor’s Proposal . . . . . . . . ..*....................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Bid Security Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
_--
P--
. Bidder’s Bond To Accompany Proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Guide For Completing the “Designation Of Subcontractor and Amount Of Subcontractor’s
Bid Items” and “Designation of Owner Operator/Lessor and Amount Of Owner Operator/Lessor
Work” Forms - .......... ............................................................................................................
Designation Of Subcontractor and Amount Of Subcontractor’s Bid Items ...............................
Designation Of Owner Operator/Lessor and Amount Of Owner Operator/Lessor Work ...........
Bidder’s Statement Of Financial Responsibility .........................................................................
Bidder’s Statement Of Technical Ability And Experience ..........................................................
Bidder’s Certificate Of Insurance For General Liability, Employers’ Liability, Automotive
Liability And Workers’ Compensation ......................................................................................
Bidder’s Statement Of Re Debarment.. .....................................................................................
Bidder’s Disclosure Of Discipline Record ........................................................................
Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid.. ...........................
Contract Public Works ..............................................................................................................
Labor And Materials Bond ........................................................................................................
Faithful Performance/Warranty Bond.. ......................................................................................
Optional Escrow Agreement For Surety Deposits In Lieu Of Retention ....................................
SUPPLEMENTAL PROVISIONS
Part 1 General Provisions
Section 1
l-l
l-2
Terms, Definitions Abbreviations And Symbols
Terms .......................................................... .....................................................
Definitions .................................................... .....................................................
15
17
18
19
20
21
22
23
25
26
32
34
36
39
39
l-3 Abbreviations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
b 6/7/99 @B Contract No. POO-01 Page 2 of 64 Pages
Section 2 Scope And Control Of The Work
2-3 Sub-contracts ....................................................................................................
2-4 Contract Bonds .................................................................................................
2-5 Plans And Specifications ..................................................................................
2-9 Surveying .........................................................................................................
2-10 Authority Of Board And Engineer.. ....................................................................
Section 3 Changes In Work
3-3 Extra Work ........................................................................................................
3-4 Changed Conditions .........................................................................................
3-5 Disputed Work ..................................................................................................
Section 4
4-l
4-2
Section 5
5-l
5-4
Section 6
6-1
6-2
6-6
6-7
6-8
6-9
Section 7
7-3
7-4
7-5
7-7
7-8
7-l 0
7-13
Section 9
9-l
9-3
Control Of Materials
Materials And Workmanship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Materials Transportation, Handling and Storage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Utilities
Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Relocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...*.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Prosecution, Progress And Acceptance Of The Work
Construction Schedule And Commencement Of Work ......................................
Prosecution Of Work ........................................................................................
Delays And Extensions Of Time .................. .....................................................
Time of Completion ..........................................................................................
Completion And Acceptance.. ...........................................................................
Liquidated Damages .........................................................................................
Responsibilities Of The Contractor
Liability Insurance .............................................................................................
Workers’ Compensation Insurance.. .................................................................
Permits ........................................................ .....................................................
Cooperation and Collateral Work.. ....................................................................
Project Site Maintenance ..................................................................................
Public Convenience And Safety ........................................................................
Laws To Be Observed ......................................................................................
Measurement and Payment
Measurement Of Quantities For Unit Price Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
41
41
42
43
44
45
45
46
50
50
50
55
55
56
56
56
56
57
57
57
57
57
59
60
60
/-
‘3 6/7/99 Contract No. POO-01 Page 3 of 64 Pages
CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Carlsbad Village
Drive, Carlsbad, California 92008-1989, until 4:00 P.M. on thel’;ray of NOVEMBER , 19-99, at
which time they will be opened and read, for performing the work as follows:
CENTRALIZED WIRELESS REMOTE SPORTS LIGHTING SYSTEMS AT:
CHASE FIELD, POINSETTIA PARK, CALAVERA PARK, STAGECOACH PARK, PINE FIELD AND
HIGHSCHOOL TENNIS COURTS
CONTRACT NO. POO-01
CENTRALIZED SPORTS LIGHTING SYSTEMS
This bid and the terms of the Contract Documents and Supplemental Provisions constitute an
irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional
time as may be mutually agreed upon by the City of Carlsbad and the Bidder.
The work shall be performed in strict conformity with the plans and specifications as approved by
the City Council of the City of Carlsbad on file with the PUBLIC WORKS/PARKS Department. The
specifications for the work include the Standard Specifications for Public Works Construction, 1997 . . EdItron. and the 1998 and 1999 sup-s there@ all hereinafter designated “SSPWC” as
issued by the Southern California Chapter of the American Public Works Association and as
amended by the supplemental provisions sections of this contract. Reference is hereby made to the
plans and specifications for full particulars and description of the work.
The City of Carlsbad encourages the participation of minority and women-owned businesses.
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors
to utilize recycled and recyclable materials when available, appropriate and approved by the
Engineer.
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.
No bid will be received unless it is made on a proposal form furnished by the Purchasing
Department. Each bid must be accompanied by security in a form and amount required by law.
The bidder’s security of the second and third next lowest responsive bidders may be withheld until
the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall
be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant
to the provisions of law (Public Contract Code section 10263), appropriate securities may be
substituted for any obligation required by this notice or for any monies withheld by the City to ensure
performance under this Contract. section 10263 of the Public Contract Code requires monies or
securities to be deposited with the City or a state or federally chartered bank in California as the
escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of
the agent in connection with the handling of retentions under this section in an amount not less than
$100,000 per contract.
‘3 6Rl99 Contract No. POO-01 Page 4 of 64 Pages
_- The documents which comprise the Bidder’s proposal and that must be completed and properly
executed including notarization where indicated are:
I. Contractor’s Proposal
2. Bidder’s Bond
3. Non-Collusion Affidavit
4. Designation of Subcontractors
and Amount of Subcontractor Bid
5. Designation of Owner Operator/Lessors
and Amount of Owner Operator/Lessor
Work.
6. Bidder’s Statement of Financial
Responsibility
7. Bidder’s Statement of Technical Ability
and Experience
8. Acknowledgment of Addendum(a)
9. 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.
10. Bidder’s Statement of Re Debarment
11. Bidder’s Disclosure of Discipline Record
12. Escrow Agreement for Security Deposits -
(optional, must be completed if the Bidder
wishes to use the Escrow Agreement for
Security)
All bids will be compared on the basis of the Engineer’s Estimate. The estimated quantities are
approximate and serve solely as a basis for the comparison of bids. The Engineer’s Estimate is
$40,000.00.
I-
Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a
contractor pursuant to the Business and Professions Code shall be considered nonresponsive and
shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted
shall be invalidated by the failure of the bidder to be licensed in accordance with California law.
Where federal funds are involved the contractor shall be properly licensed at the time the contract is
awarded. In all other cases the contractor shall state their license number, expiration date and
classification in the proposal, under penalty of perjury. This invitation to bid (does not) involve
federal funds. The following classifications are acceptable for this contract: A and C-IO.
If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu
of the usual 10% 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.
Sets of plans, supplemental provisions, and Contract documents may be obtained at the Purchasing
Department, City Hall, 1200 Carlsbad Village Drive, Carlsbad, California, for a non-refundable fee of
If plans and specifications are to be mailed, the cost for postage should be added. $ lO.OQ per set.
Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings,
specifications or other contract documents, or finds discrepancies in or omissions from the drawings
and specifications may submit to the Engineer a written request for clarification or correction. Any
response will be made only by a written addendum duly issued by the Engineer a copy of which will
be mailed or delivered to each person receiving a set of the contract documents. No oral response
will be made to such inquiry. Prior to the award of the contract, no addition to, modification of
or interpretation of any provision in the contract documents will be given by any agent,
employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder
may rely on directions given by any agent, employee or contractor of the City of Carlsbad
-‘- except as hereinbefore specified.
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or
informality in such bids.
‘3 6/7/99 Contract No. POO-01 Page 5 of 64 Pages
*- The general prevailing rate of wages for each craft or type of worker needed to execute the Contract
shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770,
1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy
of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the
Contract is awarded shall not pay less than the said specified prevailing rates of wages to all
workers employed by him or her in the execution of the Contract.
The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5
of the Labor Code and section 4100 et seq. of the Public Contracts Code, “Subletting and
Subcontracting Fair Practices Act.” The City Engineer is the City’s “duly authorized officer” for the
purposes of section 4107 and 4107.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to
the Contract for work.
A pre-bid meeting and tour of the project sites aill be held on November 3. 1999 at 405 Oak . . . . . . . Pvenue rn Carisbad. The meetmg wlii begin at 9.00 awn. This m=Ww.mmMory for all
bidders.
/-
All bids are to be computed on the basis of the given estimated quantities of work, as indicated in
this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between
words and figures, the words shall prevail. In case of an error in the extension of a unit price, the
corrected extension shall be calculated and the bids will be computed as indicated above and
compared on the basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or
written in with ink and must be initialed in ink by a person authorized to sign for the Contractor.
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.
The Contractor shall provide bonds to secure faithful performance and warranty of the work in an
amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor
shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to:
1) One hundred percent (100%) of the total amount payable by the terms of the contract when the
total amount payable does not exceed five million dollars ($S,OOO,OOO).
2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total
amount payable is not less than five million dollars ($S,OOO,OOO) and does not exceed ten million
dollars ($1 O,OOO,OOO).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the
.x-
contract exceeds ten million dollars ($lO,OOO,OOO).
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
Supplemental 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.
‘3 6/7/99 Contract No. POO-01 Page 6 of 64 Pages
C--
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-:V
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 vehi& used in the performance of the contract, used onsite or offsite, whether
owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance
certificate must state the coverage is for “any auto” and cannot be limited in any manner.
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.
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.
99-443 , adopted on the 28th day of SEPTEMBER ,19 99 .
Date
I&& .
Aletha L. Rautenkranz, City Clerk \
Contract No. POO-01 Page 7 of 64 Pages
CITY OF CARLSBAD
..-
-
-0
c
C
CONTRACT NO. POO-01
CENTRALIZED SPORTS LIGHTING SYSTEMS
CONTRACTOR’S PROPOSAL
City Council
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
The undersigned declares he/she has carefully examined the location of the work, read the Notice
Inviting Bids, examined the Plans, Specifications, Supplemental Provisions and addenda thereto,
and hereby proposes to furnish all labor, materials, equipment, transportation, and services required
to do all the work to complete Contract No. POl-00 in accordance with the Plans, Specifications,
Supplemental Provisions and addenda thereto and that he/she will take in full payment therefor the
following unit prices for each item complete, to wit:
Item N.a Description
A-l Furnish all materials and
labor to install Centralized
wireless remote sports
lighting systems at: Chase
Field, Poinsettia Park,
Calavera Park, Stagecoach
Parks, Pine Field and High
School Tennis Courts per
Plans and Specifications.
SCHEDULE “A”
Approximate
Quantity
and Tot4
LS $ ?3,cm,=
OPENED, WITNESSED AND HECORDED:
47/p?
DATE
Total amount of bid in words for Schedule “A”:
Total amount of bid in numbers for Schedule “A”: $ .m &Jds O”
Price(s) given above are firm for 90 days after date of bid opening.
‘3 6/7/99 Contract No. POO-01 Page 8 of 64 Pages
Addendum(a) No(s).
proposal.
has/have been received and is/are included in this
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
city of a contractor within the State of California, validly licensed under ~11
, classification A,Y/O / which expires on ‘7
and that this statement is true and correct and has the legal effect of /
-
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
5 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 awarM, the contractor shall be properly licensed. Public Contract Code
5 20104.
-- The Undersigned bidder hereby represents as follows:
- ._
1. That no Council member, officer agent, or employee of the City of Carlsbad is personally
interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no
representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted
him/her to enter into this Contract, excepting only those contained in this form of Contract and the
papers made a part hereof by its terms; and
2. That this bid is made without connection with any person, firm, or corporation making a bid for
the same work, and is in all respects fair and without collusion or fraud.
Accompanying this proposal is fiDv
or Cashier’s Check) for ten percent (10%) of the amount bid.
(Cash, Certified Check, Bond
The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every
employer to be insured against liability for workers’ compensation or to undertake self-insurance in
accordance with the provisions of that code, and agrees to comply with such provisions before
commencing the performance of the work of this Contract and continue to comply until the contract
is complete.
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative
to the general prevailing rate of wages for each craft or type of worker needed to execute the
Contract and agrees to comply with its provisions.
-
pfs 6/7/99 Contract No. POO-01 Page 9 of 64 Pages
IF A SOLE OWNEKZEUOI F CONTRACTOR SIGN HEJ3E:
(1) Name under which business is conducted iim F-_ hb4r
(2) Signature (given and surname) of proprietor />KA
(3) Place of Business I&G5 ‘l/&d ti / Lmd if
(Street and Number)
City and State A&ow J-7 d&m flfz CA
(4) Zip Code Telephone No. %% ?? 3 Y 3 77 / b
IF A PARTNERSHP. SIGN HEJE .
(1) Name under which business is conducted I
(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.
IF A CORPORATION. SIGN HERE- .
(1) Name under which business is conducted
(Signature)
(Title)
Impress Corporate Seal here
‘3 6/7/99 Contract No. POO-01 Page 10 of 64 Pages
-1
-
(3) Incorporated under the laws of the State of
(4) Place of Business
(Street and Number)
City and State
(5) Zip Code Telephone No.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
AlTACHED
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:
Contract No. POO-01 Page 11 of 64 Pages
.
ALL-PURPOSE ACKNOWLEDGMENT
State of California
personally appeared
SIGNER(S)
q personally known to me - OR- k proved to me on the basis of satisfactory
evidence to be the person&V&hose namew
is/@ubscribed to the within instrument and
acknowledged to me that he/$&l&y executed
the same in his/&&Q.&r authorized
capacitytj&J, and that by his/$&&H
signatureJs+ on the instrument the person&
or the entity upon behalf of which the
persor$$ acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL INFORMATIiii
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document.
CAPACITYCLAlMEDBYSICNER(PRINCIPAL) DESCRII'TIONOFA'M'ACHEDDOCUMENT
ti INDIVIDUAL
0 CORPORATE OFFICER
TITLE(S) u
\A
q PARTNER(S)
0 ATTORNEY-IN-FACT
17 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
1‘6 NUMBER OF PAGES
DATE OF DOCUMENT
0 OTHER:
OTHER
SIGh NAI*IF
RIGHT THUMBPRINT 5
IER IS REPRESENTING: .g
OF B f SIGNER L 81
2
APA 12198 VALLEY-SLERRA,ECO-362-3369
BID SECURITY FORM
(Check to Accompany Bid)
CONTRACT NO. POO-01
(NOTE: The following form shall be used if check accompanies bid.)
Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF
CARLSBAD, in the sum of
-
-
-*-
dollars ($ ),
this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall
become the property of the City provided this proposal shall be accepted by the City through action
of its legally constituted contracting authorities and the undersigned shall fail to execute a contract
and furnish the required Performance, Warranty and Payment Bonds and proof of insurance
coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The
proceeds of this check shall also become the property of the City if the undersigned shall withdraw
his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless
otherwise required by law, and notwithstanding the award of the contract to another bidder.
P
c-
P
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.)
-
6/7/99 Contract No. POO-01 Page 12 of 64 Pages
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BIDDER’S BOND TO ACCOMPANY PROPOSAL
CONTRACT NO. POO-01
CENTRALIZED SPORTS LIGHTING SYSTEMS
KNOW ALL PERSONS BY THESE PRESENTS:
That we, as Principal, and
as Surety are held and firmly bound unto the Ci& of Carlsbad, California, in an amount as follows:’
(must be at least ten percent (10%) of the bid amount) for which
payment, well and truly made, we bind ourselves, our heirs, executors and administrators,
successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-
bounden Principal for:
CENTRALIZED WIRELESS REMOTE SPORTS LIGHTING SYSTEMS AT:
CHASE FIELD, POINSETTIA PARK, CALAVERA PARK, STAGECOACH PARK, PINE FIELD
AND HIGH SCHOOL TENNIS COURTS
in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and
execute a Contract including required bonds and insurance policies within twenty (20) days from the
date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said
award, then this obligation shall become null and void; otherwise, it shall be and remain in full force
and effect, and the amount specified herein shall be forfeited to the said City.
In the event Principal executed this bond as an individual, it is agreed that the death of Principal
shall not exonerate the Surety from its obligations under this bond.
Executed by PRINCIPAL this
day of 919 *
PRINCIPAL:
(name of Principal)
By:
(sign here)
(print name here) (address of Surety)
(Title and Organization of Signatory)
By:
(sign here)
(telephone number of Surety)
By:
(signature of Attorney-in-Fact)
(print name here)
(title and organization of signatory)
‘3 6/7/99 Contract No. POO-01
Executed by SURETY this day of
,I9 -
SURETY:
(name of Surety)
(printed name of Attorney-in-Fact)
(Attach corporate resolution showing current
power of attorney.)
Page 13 of 64 Pages
i9322/1999 10: 09 8053439938 B.E.C. PAGE 02
BIDDER’S BOND TO ACCOMPANY PROPOSAL
CONTRACT NO. PO041
CENTRALIZED SPORTS LIGHTING SYSTEMS
KNOW ALL PERSONS BY THESE PRESENTS: d
q,at,,@JILDING ENERGY CONSULTANTS as Prindpal, and AMERICAN ALLIANCE INSURANCE COMPANY I *
as Surety are Md and firmly bound unto the City of CarMad, California, in an-amount as folows:
(must be at least ten percent (10%) of the bld amour(t) TEN PEFKJENT OF AMouNT B?D-WT@#@fi( “%) payment. well and tnrly made, we bind ourselves, our heirq executors and administrators,
SucCbsSors or assigns, jointly and wwally, firmly by these presents.
THE CONDlTlON OF THE FOREGOING OBLIGATION lS SUCH that lf the propc& of the above-
bounden Principal far:
cE)JTaALlZeD WlRufSS REMOTE SPORTS LIGHTING SYSTEMS AT:
CHASE FIELD. Pc)INSEnlA PARK, CAtAVERA PARK, STAGECOACH PARK, PINE FIELD AND HIGH SCHOOL TENNIS COURTS
in the City Of %lsbad, is acogpted by the Clb Council. and if the Principal shall duly enter intb and
eXBCUtf3 a COntrZIti induding required bonds and insurance p&k wjthin twenty (20) days fram the
date of award of Contf?M by the Cky Council of the City of Catisbad, being duly notified of said
- award, then this obligation shall become null and Void; othem$e, it shall be and remain in full fon;e
and effect, and tt’w~ amount specifiisd herein shall be forfeited to the said City.
In the event Principal exearted this bond as an individual, it l$ agmd that the death of pr&ipal
shall not exonerate the Surety from Its Migatfons under thi$ bond.
day of N %
Exawted b& PRINCIPAL this
PRINCIPAL: BUILDING ENERGY CONSULTANTS
(print name’ here)
Sqe 0 uJNW/B.G.C.
(Title and Organizatlon of !$lgnatory)
By: (sign hare) ,
- (print name hem)
(title and organization of signatory)
Executed by SUREM this 10~~ day of NOVFiME3ElR ,lQ 99.
SURETY; AMERICAN ALLIANCE INSURANCE (XJmm
(name of Surety) 8370 VU CHEXENNE #lo%2
T-AS VECYL~. NV 8w (address of Surety}
(702)638-0135
{telephone number of Surety)
FRANCES LEFLER
(printed name of Attorney-k+Fact)
{Attach corporate resolution showing current
power of attorney.)
.
CALIFORNIA
ALL PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
S.S.
COUNTY OF SAN BERNARDINO 1
On &&I*- before me,
Kellv A. Sditman, Notary Public personally appeared
Frances Lefler
x personally known to me; or proved to me on the basis of satisfactory evidence to be the
person* whose name(-& is/s subscribed to the within instrument and
acknowledged to that &&she-) executed
M/her/Mr authI:ized capacity(4-4
the same in
and that the entity
behalf of which the person(+acted, exe;uted the instrument.
upon
WITNESS my hand and official seal.
- ********************* **
CAPACITY CLAIMED BY SIGNER:
Though statute does not require the notary to fill in the data below,
doing so may prove invaluable to persons relying on the document.
-Individual(s) Corporate Officer(s) Titles
-Partner(s) XAttorney-in-Fact
-Trustee(s)
-Guardian/Conservator -Other:
and Limited General
Signer is representing: ***********************************************************
ATTENTION NOTARY: Although the information requested below is
optional, it could prevent fraudulent attachment of this certificate
to unauthorized document.
Title of type of document: Bond
Number of pages: Date of document: Signer(s) other than named above: principal - THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE.
KAsm9637
AMERICAN ALLlANCE INSURANCE COMPANY@’ NO 16796 .
r POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the AMERICAN ALLIANCE INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship or other written obligations in the nature thereof; provided that the liability of the said Compan bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit state cy on any such below.
NAME JAYP.F?azEmw KELLYA.SAITMAN
FRANcEsLEFLER
ADDRESS LIMIT OF POWER
ALL, OF olvmRI0, (ZALIFom TJKifJmTED
This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above.
IN WITNESS WHEREOF the AMERICAN ALUANCE INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 29th day of
JOY ’ 1999 -
Attest: AMERICAN ALLIANCE INSURANCE COMPANY
/‘- STATE OF OHIO, COUNTY OF HAMILTON-ss:
On this 29th day of JdY, 1999 before me known, being duly sworn, de P oses and says that hQ resides in 8 ersonally a incinnati, 0 R peared DOUGLAS R. BOWEN, to me IO that he is the Vice President of the Bond Division of American A liance Insurance Compan instrument; that he knows the seal; that it was so a x the Company described in and which executed the above ixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority.
This Power of Attome American Alliance Insurance c! is granted by authority of the following resolutions adopted by the Board of Directors of ompany by unaminous written consent dated July 12, 1995.
RESOLVED: That the Divisional President, the several Divisional Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby IS authorized, from time to time, to appoint one or more Attzg x ;-In-Fact to execute In. behalf of the Compan x , as surety, any and all bonds, undertakrngs and contracts of
tl! or other written oblrgatrons m the nature t ereof; limits of to prescribe their respective duties and the respectiie ;?ir authority: and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers may be affixed by facsimile to any power of attorney or cerhficate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the ori valid and binding upon the Company with the same force and effect as though iI inal seal of the Company, to be manua y affixed.
CERTIFICATION
I, RONALD C. HAYES, Assistant Secretary of the American Alliance Insurance Company, do hereby certify that the foregoing Power of Attorne revoked and are now in full force an J and the Resolutions of the Board of Directors of July 12, 1995 have not been effect. r Signed and sealed this/titiday of woti+?I?7 k , /997.
s 1151~ (i/99)
ALL-PURPOSE ACKNOWLEDGMENT
State of California
personally appeared
SIGNER(S)
Cl personally known to me - OR- proved to me on the basis of satisfactory
evidence to be the person( f whose name
is/ +
w subscribed to the within instrument and
acknowledged to me that he/&&wexecuted
the same in hislhHth+r authorized
capacity(iH, and that by his/h@‘&&
signature(&fon the instrument the person@)/
or the entity upon behalf of which the
persor&@&ted, executed the instrument.
WITNESS my hand and official seal.
($iftLL \
OTARY’S SIGNATURE
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document.
CAPACITY CIAIMEDBYSICNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT is INDIVIDUAL
tl CORPORATEOFFICER
TITLE(S)
0 PARTNER(S)
0 &‘TTORNEY-IN-FACT
17 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER:
(Y!wt$3d k3lJ-nd TITLE OR TYPE OF DOCUMENT 3
I L NUMBER OF PAGES
”
I
’ i!iL 0~ DOCUMENT
OTHER
“lc.ll.l- mrrrrlrnnnrrr Kl”” 1 1 Il”N,DrKIn T SIGNER IS REPRESENTING: r NAME OF PERSON(S) OR ENTITYCIES) OF
I I 1 c SIGNER
lmLufuA Ll-N?~U
WA 12/98 VALLEY-SlERRA,tWO-362-3369
-
-
--
(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
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By: I
JANE MO&3I, Assistant City Attdmey
‘3 6J7J99 Contract No. POO-01 Page 74 of 64 Pages
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GUIDE FOR COMPLETING
THE “DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR’S BID ITEMS”
AND
“DESIGNATION OF OWNER OPERATOR/LESSOR AND
AMOUNT OF OWNER OPERATOR/LESSOR WORK” FORMS
REFERENCES Prior to preparation of the following Subcontractor and Owner Operator/Lessor
disclosure forms Bidders are urged to review the definitions in section l-2 of the SSPWC and of the
Supplemental Provisions to this Contract especially, “Bid”, “Bidder”, “Contract”, “Contractor”,
“Contract Price”, “Contract Unit Price”, ” Engineer, “Subcontractor” and “Work” and the definitions in
section 1-2 of the Supplemental Provisions especially “Own Organization” and “Owner
Operator/Lessor.” Bidders are further urged to review sections 2-3 SUBCONTRACTS of the
SSPWC and section 2-3.1 of these Supplemental Provisions.
CAUTIONS These forms will be used by the Agency to determine the percentage of work that the
Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct
information may result in rejection of the bid as non-responsive. Any bid that proposes performance
of more than 50 percent of the work by subcontractors or owner operator/lessors or otherwise to be
performed by forces other than the Bidder’s own organization will be rejected as non-responsive.
Specialty items of work that may be so designated by the Engineer on the “Contractor’s Proposal”
are not included in computing the percentage of work proposed to be performed by the Bidder.
INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every
subcontractor or Owner Operator/Lessor who the Bidder proposes to perform work or labor or
render service in or about the work or improvement, and every subcontractor or Owner
Operator/Lessor licensed as a contractor by the State of California who the Bidder proposes to
specially fabricate and install any portion of the work or improvement according to detailed drawings
contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder’s
total bid or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of
business of subcontractor(s) shall be set forth and included as an integral part of the bid offer.
Bidder shall use separate disclosure forms for each Subcontractor or Owner Operator/Lessor of
manpower and equipment that it proposes to use to complete the Work. Additional copies of the
forms must be attached if required to accommodate the Contractor’s decision to use more than one
Subcontractor or Owner Operator/Lessor. All items of information must be completely filled out.
These forms must be submitted as a part of the Bidder’s sealed bid. Failure to provide complete and
correct information may result in rejection of the bid as non-responsive.
Neither the amount, in dollars, of work performed by the Bidder’s own forces (as Contractor) nor the
Bidder’s overhead and profit for subcontracted items of the work is included to compute the
percentage of the work performed by Subcontractors or Owner Operators/Lessors.
When the Bidder proposes that any bid item will installed by a Subcontractor or Owner
Operator/Lessor the amount, in dollars, of the bid item installed by each Subcontractor or Owner
Operator/ Lessor must be entered under the columns “Amount of Subcontracted Bid Item Including
Subcontractor’s Overhead & Profit” or ‘I Amount of Owner Operator/Lessor Bid Item Including
Owner Operator/Lessor’s Overhead & Profit ” unless the dollar amount of all work performed by any
Subcontractor or Owner Operator/Lessor is less than one-half of one percent (0.5%) of the Bidder’s
total bid or ten thousand dollars ($10,000) whichever is greater. If a Subcontractor or Owner
Operator/Lessor installs or constructs any portion of a bid item the entire amount of the Contract
Unit Price, less the Bidders overhead and profit, shall be multiplied by the Quantity of the bid item
‘3 6J7J99 Contract No. POO-01 Page 15 of 64 Pages
-
that the Subcontractor or Owner Operator/Lessor installs to compute the amount of work so
installed.
-
-
Suppliers of materials from sources outside the limits of work are not subcontractors. The value of
materials and transport of materials from sources outside the limits of work, as shown on the plans,
shall be assigned to the Contractor, the Subcontractor, or the Owner Operator/Lessor, as the case
may be, that the Bidder proposes as installer of said materials. The value of material incorporated in
any Subcontractor or Owner Operator/Lessor installed bid item that is supplied by the Bidder shall
be included as a part of the work that the Bidder proposes to be performed by the Subcontractor or
Owner Operator/Lessor installing said item.
The item number from the “CONTRACTORS PROPOSAL” (Bid Sheets) shall be entered in the “Bid
Item No.” column.
When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the number must
be entered on the form. If the Subcontractor does not have a valid business license enter “NONE” in
the appropriate space.
-
Bidders shall make any additional copies of the disclosure forms as may be necessary to provide
the required information. The page number and total number of additional form pages shall be
entered in the location provided on each type of form so duplicated.
When the Bidder proposes using a subcontractor or owner operator/Lessor to construct or install
less than 100 percent of a bid item the Bidder shall attach an explanation sheet to the designation of
subcontractor or designation of Owner Operator/Lessor forms as applicable. The explanation sheet
shall be provided by the Contractor to clearly apprise the Agency of the specific facts that show the
--/c‘- Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces.
Determination of the subcontract and Owner Operator/Lessor amounts for purposes of award of the
contract shall determined by the City Council in conformance with the provisions of the contract
documents and the Supplemental Provisions. The decision of the City Council shall be final.
C
‘3 6J7J99 Contract No. POO-01 Page 16 of 64 Pages
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DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR’S BID ITEMS
CONTRACT NO. PO04
ED SPORTS LIGHTING SYSTEMS
The Bidder certifies that it has used the sub-bid of the following listed subcontractor in preparing this bid for the Work and that the listed subcontractor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts 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 than one-half of one percent (0.5%) of the Bidder’s total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. I I
Full Company Name of Subcontractor: pb s4 cI7A-E&~.~~
Subcontractor’s Location of Business
Street Address
City State Zip
Subcontractor’s Telephone Number including Area Code: ( 1 m
Subcontractor’s California State Contractors License No. and Classification:
-A Subcontractor’s Carlsbad Business License No.:
-
-
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SUBCONTRACTOR’S BID ITEMS
Column 1 - Bid Item No. from the bid proposal, pages -through-, inclusive. Column 2 - The dollar amount of the item to be performed by the Subcontractor. Column 3 - The dollar amount of the item to be perfom-red by Contractor’s own forces. Column 4 - The dollar amount of the Contractor’s overhead and profit for work done by both the Contractor’s and the Subcontractor’s forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages- through-, inclusive.
Page - of pages of this Subcontractor Designation form
6J7J99 Contract No. POO-01 Page 17 of 64 Pages
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- CENTRALIZED SPORTS LIGHTING SYSTEMS
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DESIGNATION OF OWNER OPERATOR/LESSOR AND
AMOUNT OF OWNER OPERATOR/LESSOR WORK
CONTRACT NO. POO-01
The Bidder certifies that it has used the sub-bid of the following listed Owner Operator/Lessor in preparing this bid for the Work and that the listed Owner Operator/Lessor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the
specifications and section 4100 et seq. of the Public Contracts Code “Subletting and Subcontracting Fair Practices Act.” The Bidder further certifies that no additional Owner Operator/Lessor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder’s total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the Owner Operator/Lessors listed work will be made except upon the prior approval of the Agency.
Full Owner Operator/Lessor Name:
Owner Operator/Lessor Location of:
Business
Street Address
City State Zip
- Owner Operator/Lessor Telephone Number including Area Code: ( 1 .
Owner Operator/Lessor City of Carlsbad Business License No.:
-
OWNER OPERATOR/LESSOR WORK ITEMS
- II iS I$ Ii I
-
-
-
I Ii I I$ Ii I I
Column 1 - Bid Item No. from the bid proposal, pages -through-, inclusive. Column 2 - The dollar amount of the item to be performed by the Owner Operator/Lessor. Column 3 - The dollar amount of the item to be performed by Contractor’s own forces. Column 4 - The dollar amount of the Contractor’s overhead and profit for work done by both the Contractors and the Owner Operator/Lessor’s forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal tc the dollar amount in the bid price of the item on bid proposal
pages- through-, inclusive.
Page
‘3 6J7J99
of pages of this Owner Operator/Lessor form
Contract No. POO-01 Page 18 of 64 Pages
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BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY
(To Accompany Proposal)
CONTRACT NO. POO-01
CENTRALIZED SPORTS LIGHTING SYSTEMS
Copies of the latest Annual Report, audited financial statements or Balance Sheets may be
submitted under seoarate cover marked CONFIDENTIAL.
@ 6J7J99 Contract No. POO-01 Page 19 of 64 Pages
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BIDDER’S STATEMENT OF
TECHNICAL ABILITY AND .EXPERlENCE
(To Accompany Proposal)
CONTRACT NO. POO-01
CENTRALIZED SPORTS LIGHTING SYSTEMS
The Bidder is required to state what work of a similar character to that included in the proposed
Contract he/she has successfully performed and give references, with telephone numbers, which
will enable the City to judge his/her responsibility, experience and skill. An attachment can be used.
-
Date
Contract
Completed
Name and Address
of the Employer
Name and Phone
No. of Person
to Contract
Type of
Work
Amount
of
Contract
I.
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‘3 6J7J99 Contract No. POO-01 Page 20 of 64 Pages
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BIDDER’S CERTIFICATE OF INSURANCE FOR
GENERAL LIABILITY, EMPLOYERS’ LIABILITY, AUTOMOTIVE
LIABILITY AND WORKERS’ COMPENSATION
(To Accompany Proposal)
CONTRACT NO. POO-01
CENTRALIZED SPORTS LIGHTING SYSTEMS
As a required part of the Bidder’s proposal the Bidder must attach either of the following to this
page. *-
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1) Certificates of insurance showing conformance with the requirements herein for each of:
Comprehensive General Liability
Automobile Liability
Workers Compensation
Employer’s Liability
2) Statement with an insurance carrier’s notarized signature stating that the carrier can, and upon
payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for
Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer’s
Liability in conformance with the requirements herein and Certificates of insurance to the Agency
showing conformance with the requirements herein.
All certificates of insurance and statements of willingness to issue insurance for auto policies offered
to meet the specification of this contract must:
1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public
Works Construction and the Supplemental 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. The auto insurance
certificate must state the coverage is for “any auto” and cannot be limited in any manner.
C
‘3 6J7J99 Contract No. POO-01 Page 21 of 64 Pages
ACORD,, CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDMY) 01/03/00 I
‘PRODUCER 1 THIS CERTIFICATE IS ISSUED AS A MAlTER OF INFORMATION 1 Averbeck Company -70 Inland Empire Blvd #lOO .tario, CA 91764 909 941-6699
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTlFlCATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
-7 -P Insurance/LEM &ulj/ 01;~
tford Insurance Company&Ydph,
lanova Insurance Company/ALL
Daniel R. Feilmeier DBA: Building Building Energy Consultants 1655 Willow Rd. Arroyo Grande, CA 93420 INSURER D:
INSURER E: I
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING 1
P INY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT ‘WITH RESPECT TO WHICh THIS CERTIFICATE NiAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTlVE POUCY EXPIRATION DATE (MMIDDMY) DATE (MMIDDIYY)
T I LIMITS
EACHOCCURRENCE s1,000,000
FIRE DAMAGE (Any one fire) $5 0 , 0 0 0
MED EXP (Any one person) s5,ooo
PERSONAL & ADV INJURY $1 , 0 0 0 , 0 0 0
GENERAL AGGREGATE s2,000,000
PRODUCTS -COMP/OP AGG $1 , 0 0 0 , 0 0 0
CGL0009612 11/18/99'11/18/00
I
/
GEN’L AGGREGATE LIMITAPPLIES PER:
-i PRO- Pot-k?, JFC T LOC B 1 AUTOMOBILE LIABILITY
x ANY AUTO
:_1
ALL OWNED AUTOS
SCHEDULED AUTOS
72UECGN1217 11/18/99 11/18/00 COMBINED SINGLE LIMIT (Ea accident) t1,000,000
BODILY INJURY (Per person) s
BODILY INJURY (Per accident) $
PROPERN DAMAGE (Per accident) s c! I
GARAGE LIABILITY
! ANY AUTO
I
EXCESS LIABILITY
c
OCCUR cl CLAIMS MADE
DEDUCTIBLE
RETFNTION P
t
t
t
t
; t c WORKERS COMPENSATION AND WC11240289 01/01/00 01/01/01
EMPLOYERS LIABILITY E.L. EACH ACCIDENT $1,000,000
I.L. DISEASE -EA EMPLOYEE $1 , 0 0 0 , 0 0 0
I
I ‘I
-E.L. DISEASE -POLICY LIMIT / $1 , 0 0 0 , 0 0 0
OTHER
IESCRIPTION OF OPERATfONSiLOCATfON!3VEHlCLESlEXCLUSlONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS tiireless Remote Lighting Control POO-01, Carlsbad, Ca. *lO Days notice of cancellation for non payment of premium. The general liability and auto policies shall be primary and noncontributing with any other insurance availavle to the City of Carlsbad
(See Attached Descriptions)
CERTIFICATE HOLDER 1 ADDlTfONALINSURED:INSURERLE~ER: _ CANCELLATION
,- SHOULD ANYOFTHEABOVE DESCRIBED POLICIESBECANCELLED BEFORETHE EXFlRATfON
ty of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008-1989
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
4coRD=(7/97)2 of 3 #58839
DESCRIPTIONS (Continued from Page I)
cancellation clause is amended to delete "endeavor to" and "but .ilure to..." wordins. .e City of Carlsbad,-its officials, and employees are named as additional insured as respects liability arising out of activities performed by or on
oehalf of the naamed insured.
AMS 25.3 (07/97) 3 of 3 #58839
, CG 20 10
F POLICY NUMBER: WC11240289 COMMERCIAL GENERAL LIABILITY
THIS ENTIORSEMENT CHANGES THE POLICY, PLEASE RE7XD IT CAREFULLY
ADDITIONAL INSURED - OWNERS, LESSEES CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDTJLE
Name of Person or Organization: Project or Location:
City of Carlsbad, its officials and Wireless Remote Lighting employees, Control, Carlsbad, Ca. 100 Carlsbad Village Drive Carlsbad, Ca. 92008-1989
Coverage under this policy shall be primary as respects the City, its officials and employees.
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) 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" for that insured by or for you.
CG 20 10 Copyright, Insurance Services Offlce, Inc., 1984
BCMM82310
BIDDER’S STATEMENT RE DEBARMENT
- (To Accompany Proposal)
CONTRACT NO. POO-01
CENTRALIZED SPORTS LIGHTING SYSTEMS
1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by
another jurisdiction in the State of California?
yes no
2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of
debarment(s)? Attach additional copies of this page to accommodate more than two
debarments.
-
-
party debarred party debarred
agency
period of debarment
agency
period of debarment
BY CONTRACTOR: /
(print name/title)
Page - of pages of this Re Debarment form
‘3 6/7/99 Contract No. POO-01 Page 22 of 64 Pages
-
-
-
-
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
CONTRACT NO. POO-01
CENTRALIZED SPORTS LIGHTING SYSTEMS
Contractors are required by law to be licensed and regulated by the Contractors’ State License
Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a
patent act or omission is filed within four years of the date of the alleged violation. A complaint .-- regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the
date of the alleged violation. Any questions concerning a contractor may be referred to the
Registrar, Contractors’ State License board, P.O. Box 26000, Sacramento, California 95826.
rc- 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?
C
2) Has the suspension or revocation of your contractors license ever been stayed?
3) --
-
4)
5)
Yes no
Yes
h/c,
. no
Have any subcontractors that you propose to perform any portion of the Work ever had their
contractor’s license suspended or revoked by the California Contractors’ State license Board two
or more times within an eight year period?
yes no
Has the suspension or revocation of the license of any subcontractor’s that you propose to
perform any portion of the ever been stayed?
yes
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 therefor.
-
^:_ (If needed attach additional sheets to provide full disclosure.)
Page - of pages of this Disclosure of Discipline form
6/7/99 ‘Contract No. POO-01 Page 23 of 64 Pages
--
.-.
h
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED)
(To Accompany Proposal)
CONTRACT NO. POO-01
CENTRALIZED SPORTS LIGHTING SYSTEMS
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:
I\A7-\ ,h(;gn;E?-.G* f/ner^e/
(print name/title)
Paw - of pages of this Disclosure of Discipline form
‘3 617199 Contract No. POO-01 Page 24 of 64 Pages
i
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
CONTRACT NO. POO-01
CENTRALIZED SPORTS LIGHTING
State of California 1
SYSTEMS
County of LX ~~Sob@+Q~ ‘Se
b&niiCI R- Fehwkv
(Name of Bidder)
t being first duly sworn, deposes
and says that he dp3ke is --WC SW- cwnw
(Title)
llvaef-mk
ame of Firm)
-
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership,.wmpany, association, organization, or corporation; that the bid is
genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited
any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain
from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to
fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure
any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not,
directly or indirectly, submitted his ether bid price or any breakdown thereof, or the contents
thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any
corporation, partnership, company association, organization, bid depository, or to any member or
agent thereof to effectuate a collusive or sham bid.
I declare under pena o erjury that the f regoing is true and correct and
executed on the day of &-t/w )?/bg
rr-
-
Signature of Bidder
Subscribed and sworn to before me on the 1 b* day of UN& 919 99 -
(Ns
Ir DORY STACK
ii Comm, I 1216444 2 ra
NOTARY PUBLIC. CALIFORNIA i
San Luis Obirpo County My Comm. Expires April 19.2003 7 ~
ti; hau,+bl kJ
of Notary
‘3 617199 Contract No. POO-01 Page 25 of 64 Pages
City of Carlsbad
November lo,1999
ADDENDUM NO. 1
RE: INSTAL14TION OF CENTRALIZED WIRELESS REMOTE LIGHTING
CONTROL SYSTEM AT VARIOUS LOCATIONS, CONTRACT NO. POO-01
Please include the attached addendum in the Notice to Bidder/Request for Bids you
have for the above project.
This addendum--receipt acknowledged--must be attached to your Proposal Form/Bid
when your bid is submitted.
Purchasing Officer
RF:jlk
Attachment
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1
Bidder’s Signature
1200 Carlsbad Village Drive l Carlsbad, CA 92008-I 989 l (760) 434-2803 l FAX (760) 434-l 987 @
CONTRACT
PUBLIC WORKS
This agreement is made this day of 8 19-P by and
between the City of Carlsbad, California, a municipal corporation, (hereinafter called “City”),
and u whose principal place of business is
1655 Willow Road Suite A, Arroyo Grande, CA 93420
called “Contractor”).
(hereinafter
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contract documents
for:
CENTRALIZED SPORTS LIGHTING SYSTEMS
CONTRACT NO. PO04
(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, Designation of Subcontractors, Designation of Owner
Operator/Lessors, Bidder’s Statements of Financial Responsibility, Technical Ability and Experience,
Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and
Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and
Supplemental Provisions, and all proper amendments and changes made thereto in accordance
with this Contract or the Plans and Specifications, and all bonds for the project; all of which are
incorporated herein by this reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as
indicated, specified, and implied by the Contract Documents. Any items of work not indicated or
specified, but which are essential to the completion of the work, shall be provided at the Contractor’s
expense to fulfil1 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 Standard Specifications for
Public Works Construction (SSPWC) hereinafter designated “SSPWC”, as issued by the Southern
California Chapter of the American Public Works Association, and as amended by the Supplemental
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.
43 6/7/99 Contract No. POO-01 Page 26 of 64 Pages
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 overwme underground
conditions. Any information that may have been furnished to Contractor by City about underground
conditions or other job conditions is for Contractor’s convenience only, and City does not warrant
that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including
underground conditions and has not relied on information furnished by City.
6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging
trenches or other excavations that extend deeper than four feet below the surface Contractor shall
promptly, and before the following conditions are disturbed, notify City, in writing, of any:
A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste,
as defined in section 25117 of the Health and Safety Code, that is required to be removed to a
Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those
indicated.
C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual
nature, different materially from those ordinarily encountered and generally rewgnized as inherent
in work of the character provided for in the contract.
- City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ,
or do involve hazardous waste, and cause a decrease or increase in contractor’s costs of, or the
time required for, performance of any part of the work shall issue a change order under the
procedures described in this contract.
In the event that a dispute arises between City and Contractor whether the conditions materially
differ, or involve hazardous waste, or cause a decrease or increase in the contractor’s cost of, or
time required for, performance of any part of the work, contractor shall not be excused from any
scheduled completion date provided for by the contract, but shall proceed with all work to be
performed under the contract. Contractor shall retain any and all rights provided either by contract
or by law which pertain to the resolution of disputes and protests between the contracting parties.
7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements
of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied
and will comply with these requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors, and consultants that are included in this
Contract.
8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of
Industrial Relations has determined the general prevailing rate of per diem wages in accordance
with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage
rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant
to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post
copies of all applicable prevailing wages on the job site.
‘3 6/7/99 Contract No. POO-01 Page 27 of 64 Pages
9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and
indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage,
injury and liability of every kind, nature and description, directly or indirectly arising from or in
connection with the performance of the Contract or work; or from any failure or alleged failure of
Contractor to comply with any applicable law, rules or regulations including those relating to safety
and health; and from any and all claims, loss, damages, injury and liability, howsoever the same
may be caused, resulting directly or indirectly from the nature of the work covered by the Contract,
except for loss or damage caused by the sole or active negligence or willful misconduct of the City.
The expenses of defense include all costs and expenses including attorneys’ fees for litigation,
arbitration, or other dispute resolution method.
Contractor shall also defend and indemnify the City against any challenges to the award of the
contract to Contractor, and Contractor will pay all costs, including defense costs for the City.
Defense costs include the cost of separate counsel for City, if City requests separate counsel.
Contractor shall also defend and indemnify the City against any challenges to the award of the
contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by
the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense
costs for the City. Defense costs include the cost of separate counsel for City, if City requests
separate counsel.
10. insurance. Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, his or her agents, representatives,
employees or subcontractors. Said insurance shall meet the City’s policy for insurance as stated in
Resolution No. 91-403.
(A) Coverages And Limits Contractor shall maintain the types of wverages and minimum limits
indicted herein:
a. Comprehensive General Liability insurance: $l,OOO,OOO 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 employees are additional insured.
b. Business Automobile Liability Insurance: $1 ,OOO,OOO 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. The auto insurance certificate must state the coverage is for
“any auto” and cannot be limited in any manner.
Workers’ Compensation and Employers’ Liability insurance: Workers’ compensation limits
zs required by the Labor Code of the State of California and Employers’ Liability limits of $1 ,OOO,OOO
per incident. Workers’ compensation offered by the State Compensation Insurance Fund is
acceptable to the City.
(B) Additional Provisions. Contractor shall ensure that the policies of insurance required under
this agreement with the exception of Workers’ Compensation and Business Automobile Liability
Insurance contain, or are endorsed to contain, the following provisions.
6/7/99 Contract No. POO-01 Page 28 of 64 Pages
a. The City, its officials, employees and volunteers are to be covered as additional insured as
respects: liability arising out of activities performed by or on behalf of the Contractor; products and
completed operations of the contractor; premises owned, leased, hired or borrowed by the
contractor. The coverage shall contain no special limitations on the scope of protection afforded to
the City, its officials, employees or volunteers. All additional insured endorsements must be
evidenced using separate documents attached to the certificate of insurance; one for each company
affording general liability, and employers’ liability coverage.
b. The Contractor’s insurance coverage shall be primary insurance as respects the City, its
officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its
officials, employees or volunteers shall be in excess of the contractor’s insurance and shall not
contribute with it.
c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided
to the City, its officials, employees or volunteers.
d. Coverage shall state that the contractor’s insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer’s
liability.
(C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed
to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in
coverage or limits except after thirty (30) days’ prior written notice has been given to the City by
certified mail, return receipt requested.
r (D) Deductibles And Self-insured Retention (S.I.R.) Levels. Any deductibles or self-insured
retention levels must be declared to and approved by the City. At the option of the City, either: the
insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the
City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of
losses and related investigation, claim administration and defense expenses.
(E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain
a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of
its officials or employees.
(F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or
shall furnish separate certificates and endorsements for each subcontractor. Coverages for
subcontractors shall be subject to all of the requirements stated herein.
(G) Acceptability Of insurers. Insurance is to be placed with insurers that have a rating in Best’s
Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of
insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a
listing in the official publication of the Department of Insurance of the State of California and/or
under the standards specified by the City Council in Resolution No. 91-403.
-
(H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and
original endorsements affecting coverage required by this clause. The certificates and
endorsements for each insurance policy are to be signed by a person authorized by that insurer to
bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the
City and are to be received and approved by the City before the Contract is executed by the City.
‘3 6/7/99 Contract No. POO-01 Page 29 of 64 Pages
F (I) Cost Of insurance. The Cost of all insurance required under this agreement shall be included
in the Contractor’s bid.
11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in
accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5
(commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is
included in the Supplemental Provisions I section. 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
Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit
for breach of this agreement.
(A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City
must be asserted as part of the contract process as set forth in this agreement and not in
anticipation of litigation or in conjunction with litigation.
(B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be
considered fraud and the Contractor may be subject to criminal prosecution.
(C) Government Code. Contractor acknowledges that California Government Code sections
12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a
false claim to a public entity. These provisions include false claims made with deliberate ignorance
of the false information or in reckless disregard of the truth or falsity of the information.
(D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False
Claims Act, it is entitled to recover its litigation costs, including attorney’s fees.
(E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim
may subject the Contractor to an administrative debarment proceeding wherein the Contractor may
be prevented from further bidding on public contracts for a period of up to five years.
(F) Carisbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025,
3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
(G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by
another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or
subcontractor from participating in future contract bidding.
-
(H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for
resolution of any disputes between the parties arising out of this agreement is San Diego
County, California.
I have read and understand ail provisions of Section 11 above. b=
(Initial)
12. Maintenance of Records. Contractor shall maintain and make available at no cost to the
City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1,
Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor’s
principal place of business as specified above, Contractor shall so inform the City by certified
letter accompanying the return of this Contract. Contractor shall notify the City by certified mail
of any change of address of such records.
6/7/99 Contract No. POO-01 Page 30 of 64 Pages
., : . . 1 .,
.
13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section - 1720 of the Labor Code are incorporated herein by reference.
14. Security. Securities in the form of cash, cashier’s check, or certified check may be substituted
for any monies withheld by the City to secure performance of this contract for any obligation
established by this contract. Any other security that is mutually agreed to by the Contractor and
the City may be substituted for monies withheld to ensure performance under this Contract.
15. Provisions Required by Law Deemed inserted. Each and every provision of law and
clause required by law to be inserted in this Contract shall be deemed to be inserted herein and
included herein, and if, through mistake or othennrise, any such provision is not inserted, or is not
correctly inserted, then upon application of either party, the Contract shall forthwith be physically
amended to make such insertion or correction.
16. Additional Provisions. Any additional provisions of this agreement are set forth in the
“General Provisions” or “Supplemental Provisions” attached hereto and made a part hereof.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
AlTACHED
(CORPORATE SEAL)
CONTRACTOR: Cl
l.5Lkmtia Y4Yx7A\* tJIiflh*
,J (namtiQ# Contractor) Lb! B:
(sign here)
DWQL ThYd f!Ax\~id
’ (print name and title)
By:
(sign here)
(print name and title)
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:
By:
City Attorney
‘3 6/7/99 Contract No. POO-01 Page 31 of 64 Pages
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of 5zkbdh&U& , r
On
personally appe
(NOTARY)
El personally known to me - OR- &proved to me on the basis of satisfactory
evidence to be the persow whose name&$
is/& subscribed to the within instrument and
acknowledged to me that he&&&hey executed
the same in his/&&heir authorized
capacityw, and that by his/he&heir
signature@ on the instrument the person@
or the entity upon behalf of which the
person@ acted, executed the instrument.
WITNESS my hand and official seal. bnyw
NOTARY’S SIGNATURE
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
@ii- INDIVIDUAL
ORATE OFFICER
TITLE(S)
0 PARTNER(S)
u ATTORNEY-IN-FACT
co - NUMBER OF PAGES
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR DATE OF DOCUMENT
0 OTHER:
OTHER
APA 12/98 VALLEY-SIERRA, 800-362-3369
BOND# 0278862
PREMIUM INCLUDED IN PERFORMANCE
L
BOND l..ABOR AND MATERIALS BOND
. .
WHSRMS, the City Council of the City of Carisbad, State of Caiifomia, by Resolution No.
99-523 I adopted December 14, 1999 , has awarded to
5 ILDINC ENERGY CONSULTANTS
(hskinatter designated as the ‘Principal”), a Contract for: CENTRA~?!W 8~0~~s’ UGHTINO SYSTEMS - COKTRACT NO. PO1-00.
in the City of Car&bad, in etfid cbnformlty with the drawings and sptxlfkatlons, and other Contract
Docuinents now on file in the OMce of the City Clerk of the City Or Carlrbad and all bf which BT@ incorporated herein by this reference,
‘WHEREAS, Principal has exearted or is about to ex&ute said Ckmtmt and the bus thered
require the furnishing of a bond, providing that if Principal 0~ any of their subcontra&fs shau fail to
pay for any I’fIaterials, provisions, provender or other supplles or teams used in, upon or nbout the
performance Of the work ;rgreed 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, BUILDING ENERGY CONSULTANtS .
BS Principal, (hatinsfter designated as the “Contractor”), and GREAT AMERICAN INSURANCE COMPANY
! as surety, are held firmly bound unto the city of Carisbd in the #,lm 9f Fl FTy ~lc3-f~
THOUSANb AND OOloo ----111---------------------------~----”---~-------- Dollars
($ 58,OOO.OO ) said sum being an amount equal to:
One hundred Oercent (lOOk) of the total estimated amount payable under said ccWact by the City
of CarMad under the terms of the contract when the total amount payable does nol exceed five
million dollars ($5,000.000) or,
Fifty percent (50%) of the total estimated amount payable under said m&act by the City of C&bad under the terms of the contract when the total amount payable is not less than five million
dollars W,OOO.OOO) and does not exceed ten million dollars ($lO,OOO,OOO) or,
TwenWive percent (25%) of the total estimated amount payable under said cQntract by the City of
Carlsbsd under the terms of the contract if the cantmct exceeds ten million dollws ($10,000,000)
and for which payment well and truly to be made we bind our$elves, our heirs, executors end
administrators, successor, or assigns, Jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or his/her subcontractors fail
t0 pay for any materials, pn%iisions, provender, supplies, or teams used In, upon, for, or about the
pefkW!anct? of the work contracted to be dam. or for any other work or labor thereon of any kind, or for amounts due under the Unemp!oyment Insurance Code with respect to cuch work or labor, or
for any amounb required to be deducted, withheld, and paid over to the Employment Development bepartment frcim the Wages of employees of the contra&x and $ubm&a&r~ pursuant to section 73020 of the Unernplcryment Insurance Code with respect to such wark and labor that the Surety will
Pay for the same, not to emed the sum specified in the bond, and, also, in case suit is brought
UPan the bond, costs and reasonable expenet% and fees, h&ding reasonable attorney’s f&w. to
be fixed by the court. as required by the provisions of section 3248 of the California Civil Code,
WI99 CcmfaCf No. Pcm-01 Pam 32 afad Pmnoc a
This bond shall inure to the benefit of any and all persons, companies and corporations entitled to
file claims under Title IS of PSI? 4 of Division 3 of the Civil Code (commencing with s&on 3082).
SW@ Stipulates and agrees that no change, extension af time, alteratian or addition to the terms of
the COntract, br to the work to be performed tfwwnder or the spwificatians accompanying the
same shall affect its obligations on this bond, and it does hweby waive notice of airy change,
extension of time, elterations or addition to the terms of tne contract or to the work or to the
specifications.
in the event that Contractor Is an indfvldual, it is agreed that the death of any such Contractor shall not elcbnerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this 5 n7 _ Executed by SURETY this 3RD day
day of skN* ,MggJ of, JANUARY i $& *oqo
CONTRACTOR:
BU I LDI NG ENERGY CONSULTANTS
(name of Contracts) I
SURETY:
GREAT AMERICAN INSURANCE CWPANY
By: rd;ld.%Lti @AL- LA-
(name of Sure r p.0. BOX 5440 / 750 TH ) CITY DRWE S. #300
ORANGE, CA 92863 . (sign here) (address of Surety)
meti Q- FiT.ilwi-\( 714 740 2400
(print name here) {telephone number of Surety)
(Thl-OW,%\&~~~
~~~pQJq?ip!$ti~f sigfiab
By: ~dy*ii&iiw-
(sign hare)
(printed name of Attorney-in-Fact)
(print name here) (attach wrwate resolution showing current
power of attorney)
(title and organizati~n of signatory)
em99 Contract No. POCMl
.
ALL-PURPOSE ACKNOWLEDGMENT
State of California
$3&/i&& County of 1
ss.
On doJnulekL1 s! m before me, 7)t>Yv wj dv p!L
L@ATE’ Itanti R. l?.chEi~
(NOTARY)
personally appeared
SIGNER(S)
,
El personally known to me - OR- @3 proved to me on the basis of satisfactory
evidence to be the personw whose name(&
is/@& subscribed to the within instrument and
acknowledged to me that he/sJ&/th@ executed
the same in his/h/i-/th.e?ir authorized
capacity(i#, and that by hislwlth/elrr
signature $#j on the instrument the personti
NOTARY PUBLIC. CALIFORN!A I or the entity upon behalf of which the
San Luis Ohisoo Countv person@ acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTIONOFATTACHEDD$MXJMENT
@ INDIVIDUAL
TITLE(S) 3
0 PARTNER(S) cc
0 ATTORNEY-IN-FACT NUMBER OF PAGES
[? TRUSTEE(S)
0 GUARDIAN/CONSERVATOR IJATE OF DOCUMENT
0 OTHER:
OTHER
RIGHT THUMBPRINT SIGNER IS REPRESENTING:
APA 12/98 VALLEY-SIERRA, 800-362-3369
CALIFORNIA
ALL PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
S.S. COUNTY.OF SAN BERNARDINO )
On 113ioO before me, Kelly A. Saitman, Notarv Public personally appeared
Jay P. Freeman
X personally known to me; or proved to me on the basis of satisfactory evidence to be the person* whose name(v) is/are subscribed to the within instrument and acknowledged to me that his/h-r authorized (he/~~~)andex~~~::e~he the same in capacity(i-es), entity upon behalf of which the person( acted, executed the instrument.
WITNESS my hand and official seal. (SEAL)
of Notary Public *******M*********************************
CAPACITY CLA1MF.D BY SIGNER: *******************
Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document.
-Individual(s) Corporate Officer(s) Titles -Partner(s) LAttorney-in-Fact -Trustee(s) -Guardian/Conservator -Other:
and Limited General
Signer is representing:
***********************************************************
ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document.
Title of type of document: Bond Number of pages: Date of document: .- Signer(s) other than named above: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE.
, \ili~Y.>!il .- -
. GXHMIUE~CWU INSURANCE CIOMPM”
580 WALNUT STREET l CINCINNATI, OHIO 45202 l 513-369-5000 l FAX 513-723-2740 -
The number of persons authorized by
this power of attorney is not more than No.013849
FOUR POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized
and existing under and by virtue of the laws ofthe State of Ohio, does hereby nominate, constitute and appoint the person or persons named below
its true and lawful attorney-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds,
undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability ofthe said Company on any
such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name Address Limit of Power
JAY P. FREEMAN ALL OF ALL
KELLY A. SAITMAN ONTARIO, UNLIMITED
DONALD R. DES COMBES CALIFORNIA
FRANCES LEFLER This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above
IN WITNESS WHEREOFtheGREATAMERICAN INSURANCE COMPANY hascaused these presents to besigned and attested by
its appropriate officers and its corporate seal hereunto affixed this 2nd day of February 11999
Attest GREAT AMERICAN INSURANCE COMPANY
. . . ____- __
STATE OF OHIO, COUNTY OF HAMILTON - ss:
On this 2nd dayof February, 1999 , before me personally appeared DOUGLAS R. BOWEN, to me
- known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Bond Division of Great
American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed
by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority.
,, ,.
.‘,,, ,,” I ~ %.‘“. .. ,;“r’,: ,, ,, i’ ;;.-‘F,:‘:‘: I.,
;. .i.” .s 4
y $ ,d _: “3: ~ if’ :I,’ 8 ,*c, T’ -+sj.. r -4.. r’
:* . . -., -I - ” cr .,., I* .,* _: : ‘. ’ , i. L ir
‘. .._
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American
Insurance Company by unanimous written consent dated March 1, 1993.
RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one ofthem, be
and hereby is authorised, from time to time, to appoint one ormore Attorneys-In-Fact to execute on behalfofthe Company, assurety, anyand all
bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereo/; to prescribe their respective duties and the
respective limits of their authority; and to revoke any such appojntment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant
Secretary of the Company may be affixed by facsimile to any power of attorney or certiticate of either given for the execution of any bond,
undertaking, contract orsuretyship, orother written obligation in the nature thereof; suchsignatureandseal when so used beingherebyadopted by
the Company as the original signature of such officer and the original seal of the Company, to be valid and bindjng upon the Company with the
same force and effect as though manually affixed.
CERTIFICATION
I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of
Attorney and the Resolutions of the Board of Directors of March I, 1993 have not been revoked and are now in full force and effect. rC
Signed and sealed this 0.; .” I” ’ _ ‘I*.,~
3RD day of JPNUARY 2000 . . . . _;- .’ -\
:, _ .__,--.^ -&,/; . ~~. , i.., ‘,a - - ‘- ------.. .- ----- ~,? i .: _-.--.----
i i,*.c ;‘i ‘: I
S1029S (11/97)
.
. c
i- (Proper nottarlal acknowledgmsnt of execution by COI\/TRACTQR and SURETY musi be atteaed.)
(President or vice-president and secretarJl or assistant secretary mu6t sign for corporations. If only
one Micer 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:
RONALD R. EIALt
City Attorney \
6Tnsg Contract No. PClb=Ol
. f . BOND# 0278862
PREMIUM: $835.00
FAITHFUL PERFORMANCEIVVARRANTY BOND
WHEREAS, the Ci Council of the City of Carl&ad, State of California, by Resolution
No. 99-523 I adapted DECEMBER 14, 1999 , ha$ aWWded ta
BUILDING ENERGY CONSULTANTS , (hereinafter
designated as the “Principal”), a Contract for: CENTRALIZED SPdRTS LlGHTiNG SYSTEkiS -
CONTRACT #PO1 -00.
in the Cl@ of Carlsbad, in Wict confwmity with the cantract, the drawings and specifications, end other Contract Documents now on file in the Office of the City Clerk of the City of Cartsbad, all of
which are incorporated herein by this refergnw,
WHEREAS, Principal has executed or is about to execute said Contra& and the terms tkrereof
require the furnishing of a bond for the faithful performanca and wananty of said Contract;
NOW, THEREFORE, WE. WI LDINC ENERGY CONSULTANTS , as Pflricipal,
(hereinafter designated as the “Contractor), and GREAT AMERICAN INSURANCE COMPANY
, an Surety, are hekl and firmly bound unto the City of Carlsbad,
‘- in the sum of Flftv Eiuht Thousand----Dollars (s 58.000.00 ) said sum being equal
to one hundred percent (100%) of the estimated amount of the Contract, ‘to be paid to CiQ or its
certain attorney, its successors and assigns: far Which payment, welt and truly to be made, we bind
ourselves, our hein, executors and administrators, successors or assigns, jointly and severally,
firmly by these presents.
THE CONDIYION 0F THtS 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 p&‘fonn the covenants. conditions, and agreements In the Contract and any
alteration thereof made as therein protided on their part, to be kept and performed at the time and
in the manner therein specified, and in all respects according to their true Intent and meaning, and
shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as
therein stipulated, then this obligation shall become null and void; oUwwise it shall remain in full
force and effect.
As a part of the obligation securvsd hereby and in addltion to the face amount specitied therefor,
there shall be included costs and reasonable expenses and fees. including reasonabIe attorney’s fees, incurred by the City in 5uccessfully enforcing such obligation, tilt to be taxed as costs and
included in any judgment rendered.
F
SuMy stipulates and agrees that no change, extension of time, alteration or addition to the teims of the Contract, QP to the work to be petiomed thereunder or the apecificatians atxxmpanying the
same shall affect its obligations on this bond. and it does hereby waive notice of any change,
extension of time, alterations or additim t9 the terms of the l;ontract or to the work or to the speoiflcations.
Q 6/7&l Contract No. POOmOl Pace !s af 6A D*nar
in the @Vent that COntractor is WI Individual, it is agreed that the death of any such Contractor shall
Wt eXOnW6te the Surety from Its al?liiations under this bond.
Executed by CONTRACTOR thii %a1 Executed by SURETY thts 3RD day af
day of dulV---/ , ,ls°F
C:ONTRACTOR:
BlJ I LDING ENERGY CONSULTANTS
(name of Contractor)
40 /K / By: cL ,/&, %-
(sign here)
J~~~JARY , Agl~Q 0
SURElY:
GREAT PMERICAJI INSUFLANCE COMPANY
(name of Surety)
P.O:BOX 5440 / 750 THE CITY DRIVE S. #300
ORANGE, CA 92863
(addfoss of suretr)
-IzRNikL Q. fiche-i% 214 740 2400
(print name here) (telephone number of SuMy)
fJw, 3”; \AL*qbQQ~d&
(Title and Organization of Slgnat8y$
-55iiz5 A7++-kwL
:TF
L By: JAY P. FREEMAN
(printed name of Attorney-In-Fact)
(sign here)
. (print name here)
(Attach corporate nsolution showing current
power of attcwney.)
(Title and Organization of signatory)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURE’W must bq attached,)
(President or vice-president and secretary or assistant secWary must sign for corporations. If onty
one offmr signs, the corporation must attach a resolution cw’tified by the swretary or assistant
sewetary under corporate seal empowering th& officer to blnd the wporatian.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney,
Attorney
m
w W/99 Contract No. POO-01
.
ALL-PURPOSE ACKNOWLEDGMENT
State of California
s.tLduA& County of l
ss.
On
personally appeared
I
before me, b+im-Q~, &la
K. lX\uv\L,icr/
(NOTARY) [
SIGNER(S)
0 personally known to me - OR- &proved to me on the basis of satisfactory
evidence to be the person@$ whose name$)
is/@ subscribed to the within instrument and __ _ acknowledged to me that he/she&q executed
the same in his&+therr authorized
capacity(.i.e+j, and that by his/h&their
NOTARY PUBLIC-CALIFORNIA signature@)-on the instrument the personH
or the entity upon behalf of which the
person@ acted, executed the instrument.
-NOTARY’S SIGNATURE
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTIONOFATTACHEDDOCUMENT
UC- TITLE(S)
0 PARTNER(S)
0 ATI’ORNEY-IN-FACT
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER:
NUMBER OF PAGES
OTHER
RIGHT THUMBPRINT SIGNER IS REPRES
APA 12198 VALLEY-SIERRA,800-362-3369
.
.
/” CALIFORNIA
ALL PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA S.S. COUNTY OF SAN BERNARDINO 1
0I-l before me, Kelly A. Saitman, Notarv Public personally appeared Jay P. Freeman
x personally known to me; or proved to me on the basis of satisfactory evidence to be the person&+ whose name(v) is/a= subscribed to the within instrument and acknowledged to that his/her authE:ized capacity(M) (he/~~~)andex~~~~e~he the same in entity behalf of which the person(-sS- acted, exe&ted the instrument. upon
WITNESS my hand and official seal. (SEAL)
Signatufj of Notary Public ******2&f**********************************
(7o:ny.:r’:-.* ; 1 I -‘Q3
t,p, f2~k.l’ 1 _ f‘.r%,“r-qia G, . ..* ,, ,_..,
;; -25-i: : _ :’ ” !.) .*yr
“.~fCc-y--Q:y,‘.‘:,- ’
ii o-=ywz~~~ ~~pvip.I‘
*******************
CAPACITY CLAIMED BY SIGNER:
Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document.
-Individual(s) Corporate Officer(s) Titles -Partner(s) LAttorney-in-Fact -Trustee(s) -Guardian/Conservator -Other:
and Limited General
Signer is representing:
***********************************************************
ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document.
Title of type of document: Bond Number of pages:
.- Date of document: Signer(s) other than named above:
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMEZNT DESCRIBED ABOVE.
KASll89637
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
called “Escrow Agent.”
hereinafter
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 between the City and Contractor for CENTRALIZED SPORTS LIGHTING SYSTEMS -
CONTRACT NO. POO-01 in the amount of dated
(hereinafter referred to as the “Contract”). Alternatively, on written request of the - contractor, the City shall make payments of the retention earnings directly to the escrow agent.
When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent
shall notify the City within 10 days of the deposit. The 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 , and shall
designate the Contractor as the beneficial owner.
2. The City shall make progress payments to the Contractor for such funds which otherwise would
be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow
Agent holds securities in the form and amount specified above.
3. When the City makes payment of retentions earned directly to the escrow agent, the escrow
agent shall hold them for the benefit of the contractor until such time as the escrow created under
this contract is terminated. The contractor may direct the investment of the payments into
securities. All terms and conditions of this agreement and the rights and responsibilities of the
parties shall be equally applicable and binding when the City pays the escrow agent directly.
4. The contractor shall be responsible for paying all fees for the expenses incurred by the Escrow
Agent in administering the Escrow Account and all expenses of the City. These expenses and
payment terms shall be determined by the City, Contractor and Escrow Agent.
5. The interest earned on the securities or the money market accounts held in escrow and all
interest earned on that interest shall be for the sole account of Contractor and shall be subject to
withdrawal by Contractor at any time and from time to time without notice to the City.
b 6/7/99 @B Contract No. POO-01 Page 37 of 64 Pages
-
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:
Title
Name
Signature
Address
For Contractor:
Name
Signature
Address
For Escrow Agent: Title
Name
Signature
Address
At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent
a fully executed counterpart of this Agreement.
‘3 6/7/99 Contract No. POO-01 Page 38 of 64 Pages
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the
date first set forth above.
For City:
For Contractor:
For Escrow Agent:
Title
Name
Signature
Address
Title
Name
Signature
Address
Title
Name
Signature
Address
b 6/7/99 9i Contract No. POO-01 Page 39 of 64 Pages
SUPPLEMENTAL PROVISIONS
FOR
CENTRALIZED SPORTS LIGHTING SYSTEMS
CONTRACT NO. POO-01
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART 1, GENERAL PROVISIONS
SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS
l-1 TERMS
Add the following section:
l-l.1 Reference to Drawings. Where words “shown , D “indicated”, “detailed”, “noted”, “scheduled”,
or words of similar import are used, it shall be understood that reference is made to the plans
accompanying these provisions, unless stated otherwise.
Add the following section:
l-1.2 Directions. Where words “directed”, “designated”, ” selected”, or words of similar import are
used, it shall be understood that the direction, designation or selection of the Engineer is intended,
unless stated otherwise. The word “required” and words of similar import shall be understood to
mean “as required to properly complete the work as required and as approved by the Engineer,”
unless stated otherwise.
Add the following section:
l-l.3 Equals and Approvals. Where the words “equal”, “approved equal”, “equivalent”, and such
words of similar import are used, it shall be understood such words are followed by the expression
“in the opinion of the Engineer”, unless otherwise stated. Where the words “approved”, “approval”,
“acceptance”, or words of similar import are used, it shall be understood that the approval,
acceptance, or similar import of the Engineer is intended.
Add the following section:
l-l.4 Perform. The word “perform” shall be understood to mean that the Contractor, at its
expense, shall perform all operations, labor, tools and equipment, and further, including the
furnishing and installing of materials that are indicated, specified or required to mean that the
Contractor, at its expense, shall furnish and install the work, complete in place and ready to use,
including furnishing of necessary labor, materials, tools, equipment, and transportation.
I-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be
exclusively defined by the definitions assigned to them herein.
Agency -the City of Carlsbad, California.
‘3 6/7/99 Contract No. POO-01 Page 40 of 64 Pages
Clty Council -the City Council of the City of Carlsbad.
City Manager - the City Manager of the City of Carlsbad or his/her approved representative.
Dispute Board - persons designated by the City Manager to hear and advise the City Manager on
claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute
resolution.
Engineer - the Public Works Director of the City of Carlsbad or his/her approved representative.
The Engineer is the third level of appeal for informal dispute resolution.
Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original
Contract Price bid.
Own Organiration - When used in Section 2-3.1 - Employees of the Contractor who are hired,
directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further,
such employees have their employment taxes, State disability insurance payments, State and
Federal income taxes paid and administered, as applicable, by the Contractor. When used in
Section 2-3.1 “own organization” means construction equipment that the Contractor owns or leases
and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an
operator is not part of the Contractor’s Own Organization and will not be included for the purpose of
compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions.
Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided
who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee
of the Agency or a public utility.
Principal Inspector - The Senior Inspector’s immediate supervisor and second level of appeal for
informal dispute resolution.
Project Inspector - the Engineer’s designated representative for inspection, contract administration
and first level for informal dispute resolution.
Project Manager - the Public Works Manager of the City of Carlsbad or his/her approved
representative.
Senior Inspector - the Project Inspector’s immediate supervisor and first level of appeal for
informal dispute resolution.
l-3 ABBREVIATIONS
l-3.2 Common Usage, add the following: . . Abbrevlatmn Word or Words Apts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Apartment and Apartments
Bldg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building band Buildings
CMWD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Carlsbad Municipal Water District
CSSD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Carlsbad Supplemental Standard Drawings
cfs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cubic Feet per Second
Comm . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commercial
DR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dimension Ratio
E . . . . . . . . . . . . . . . . . . . . . . . . . ..*............... Electric
Contract No. POO-01 Page 41 of 64 Pages
/- .......................................... Gas G
gal ......................................... Gallon and Gallons
Gar ....................................... Garage and Garages
GNV ...................................... Ground Not Visible
wm ...................................... gallons per minute
IE .......................................... Invert Elevation
LCWD ................................... Leucadia County Water District
MSL ...................................... Mean Sea Level (see Regional Standard Drawing M-12)
MTBM ................................... Microtunneling Boring Machine
NCTD ................................... North County Transit Distrct
OHE.. .................................... Overhead Electric
OMWD .................................. Olivenhain Municipal Water District
ROW ..................................... Right-of-Way
S ........................................... Sewer or Slope, as applicable
SDNR ................................... San Diego Northern Railway
SDRSD ................................. San Diego Regional Standard Drawing
SFM ...................................... Sewer Force Main
T ........................................... Telephone
UE ........................................ Underground Electric
W .......................................... Water, Wider or Width, as applicable
VWD ..................................... Vallecitos Water District
SECTION 2 -- SCOPE AND CONTROL OF THE WORK
2-3 SUBCONTRACTS.
2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring
the Contractor to complete 50 percent of the contract price with its own organization, the Agency
may at its sole discretion elect to cancel the contract or to 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 City Council 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 City Council and shall be notified ten (10) days in advance of
the time and location of said hearing. The determination of the City Council shall be final.
24 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete,
“who is listed in the latest version of U.S. Department of Treasury Circular 570,“.
-
Modify paragraphs three and four to read: The Contractor shall provide a faithful
performance/warranty bond and payment bond (labor and materials bond) for this contract. The
faithful performance/warranty bond shall be in the amount of 100 percent of the contract price. The
Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount
equal to:
1) One hundred percent (100%) of the total amount payable by the terms of the contract when the
total amount payable does not exceed five million dollars ($5,000,000).
2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total
amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million
dollars ($1 O,OOO,OOO).
E”s 6l7199 Contract No. POO-01 Page 42 of 64 Pages
-
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the
contract exceeds ten million dollars ($lO,OOO,OOO).
Both bonds shall extend in full force and effect and be retained by the Agency during this project
until they are released according to the provisions of this section.
The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days
after rewrdation 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.
Add the following: 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 unrevoked appointment, power of attorney, by laws, or
other instrument entitling or authorizing the person who executed the bond to do so.
2) A certified copy of the certificate of authority of the insurer issued by the insurance
commissioner.
If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of
the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the
execution of the bond. The financial statement shall be made by an officer’s certificate as defined in
Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may
be verified by the oath of the principal officer or manager residing within the United States.
2-5 PLANS AND SPECIFICATIONS.
24.1 General, add the following: The specifications for the work include the Standard
Specifications for Public Works Construction, (SSPWC), 1997 Edition, and the 1998 AND 1999
supplements thereto, hereinafter designated “SSPWC”, as written and promulgated by Joint
Cooperative Committee of the Southern California Chapter American Public Works Association and
Southern California Districts Associated General Contractors of California, and as amended by the
Supplemental Provisions section of this contract.
The construction plans consist of 1 sets. The first set is designated as City of Carlsbad Drawing
CENTRALIZED SPORTS LIGHTING SYSTEMS and consists of 2 sheets. The standard drawings
used for this project are the latest edition of the San Diego Area Regional Standard Drawings,
hereinafter designated SDRS, as issued by the San Diego County Department of Public Works,
together with the most recent editions of the City of Carlsbad Supplemental Standard Drawings,
hereinafter designated as CSSD, as issued by the City of Carlsbad and the Carlsbad Municipal
Water District Standard Plans hereinafter designated as CMWDSD, as issued by the Carlsbad
Municipal Water District. Copies of some of the pertinent standard drawings are enclosed as an
appendix to these Supplemental Provisions.
243.3 Submittals, add the following: 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:
‘3 6/7/99 Contract No. POO-01 Page 43 of 64 Pages
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.
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.”
Date:
Company Name:
Add the following:
2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete “as-built”
record set of blue-line prints, which shall be corrected in red daily and show every change from the
original drawings and specifications and the exact “as-built” locations, sizes and kinds of equipment,
underground piping, valves, and all other work not visible at surface grade. Prints for this purpose
may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be
used only as a record set and shall be delivered to the Engineer within ten (10) days of completion
of the work. Payment for performing the work required by section 2-5.4 shall be included in the
various bid items and no additional payment will be made therefor.
2-9 SURVEYING.
2-9.1 Permanent Survey Markers, Delete sections 2-9.1 and replace with the following: The
Contractor shall not wver or disturb permanent survey monuments or benchmarks without the
consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting
an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor
or a registered civil engineer authorized to practice land surveying within the State of California,
hereinafter Surveyor, to establish the location of the monument before it is disturbed. The
Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after
construction at the site of the replacement is completed. The Surveyor shall file wmer record(s) as
required by 55 8772 and 8773, et seq. of the California Business and Professions Code.
When a change is made in the finished elevation of the pavement of any roadway in which a
permanent survey monument is located, the Contractor shall adjust the monument frame and wver
to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument
frames and covers shall be protected during street sealing or painting projects or be cleaned to the
satisfaction of the Engineer.
‘3 617199 Contract No. POO-01 Page 44 of 64 Pages
-
Add the following section:
2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform to the
requirements of section 2-5.3.3, “Submittals”, herein. The Contractor shall submit grade sheets to
the Engineer before commencing work in the area affected by the grade sheets. The Contractor
shall submit field notes for all surveying required herein to the Engineer within ten days of
performing the survey. All surveying field notes, grade sheets and survey calculations shall be
submitted in bound form on 215mm by 280 mm (8’/*” by 11”) paper. The field notes, calculations
and supporting data shall be clear and complete. Supporting data shall include all maps, affidavits,
plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine the
location of the monuments set. The field notes and calculations will be labled with name of the
Surveyor, the party chief, field crew members and preparer of the field notes or calculations. They
shall be annotated with the date of observation or calculation, be numbered with consecutive page
numbers and shall be readable without resort to any electronic aid, computer program or
documentation for any computer program. The field notes shall be prepared in conformance with
the CALTRANS “Surveys Manual”. The Contractor shall have a Record of Survey prepared by the
Surveyor and file it in conformance with $5 8700 - 8805 of the State of California Business and
Professions Code when the Surveyor performs any surveying that such map is required under $9
8782 of the State of California Business and Professions Code and whenever the Surveyor shall
establish, set or construct any permanent survey monument. SDRS drawing M-10 type
monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing
steel and all monuments and marks that are at, or accessory to, property corners and street
centerlines are permanent survey monuments. The Record of Survey shall show all monuments
set, control monuments used, the basis of bearings and all other data needed to determine the
procedure of survey and the degree of accuracy attained by the field surveying including the
unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The
record of survey shall show the location and justification of location of all permanent monuments set
and their relation to the street right-of-way. Record(s) of Survey(s) shall be submitted for the
Engineer’s review and approval before submittal to the County Surveyor and before submittal to the
County Recorder.
Add the following section:
2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of
Sections 2-9.1 through 2-9.3.2 shall be included in the actual bid items requiring the survey work
and no additional payment will be made. Extension of unit prices for extra work shall include full
compensation for attendant survey work and no additional payment will be made therefor. Payment
for the replacement of disturbed monuments and the filing of records of survey and/or corner
records, including filing fees therefor, shall be incidental to the work necessitating the disturbance of
said monuments and no additional payment will be made therefor.
2-10 AUTHORITY OF BOARD AND ENGINEER.
Add the following section:
240.1 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.
43 6/7/99 Contract No. POO-01 Page 45 of 64 Pages
- Add the following section:
240.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the
Engineer, within San Diego County, accurate books and accounting records relative to all its
activities and to contractually require all subcontractors to this Contract to do the same. The
Engineer shall have the right to monitor, assess, and evaluate Contractor’s and its subcontractors
performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include,
but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews
of Contractor’s staff and the staff of all subcontractors to this contract. At any time during normal
business hours and as often as the Engineer may deem necessary, upon reasonable advance
notice, Contractor shall make available to the Engineer for examination, all of its, and all
subcontractors to this contract, records with respect to all matters covered by this Contract and will
permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and
records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data
relating to all matters covered by this Contract. However, any such activities shall be carried out in
a manner so as to not unreasonably interfere with Contractor’s ongoing business operations.
Contractor and all subcontractors to this contract shall maintain such data and records for as long
as may be required by applicable laws and regulations.
SECTION 3 -- CHANGES IN WORK
3-2 CHANGES INITIATED BY THE AGENCY.
.- 3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in
quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of
contract unit price for such items will be limited to that portion of the change in excess of 25 percent
of the original quantity listed in the Contractor’s bid proposal for this contract. Adjustments in
excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra
Work.
3-3 EXTRA WORK.
3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of
ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs
shall be the edition of the, “Labor Surcharge and Equipment Rental Rates” published by
CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay
factors therein shall be used as multipliers of the rental rates for determining the value of costs for
delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are
not a part of this contract.
3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following:
(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 . . . . . . . . . . . ..s..................... 20
2) Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
3) Equipment Rental . . . . . . . . . . . . . . . . . . . 15
4) Other Items and Expenditures . . 15
To the sum of the costs and markups provided for in this section, 1 percent shall be added as
compensation for bonding.
@ 6/7/99 Contract No. POO-01 Page 46 of 64 Pages
(b) Work by Subcontractor. When all or any part of the extra work is performed by a
Subcontractor, the markup established in section 3-3.2.3(a) shall be applied to the Subcontractor’s
actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of
the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted
portion of the extra work may be added by the Contractor.
3-3.3 Daily Reports by Contractor, add the following after the second sentence: 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.
3-4 CHANGED CONDITIONS.
Delete the second sentence of paragraph three, delete paragraph five (5) and add the following:
The Contractor shall not be entitled to the payment of any additional compensation for any act, or
failure to act, by the Engineer, including failure or refusal to issue a change order, or for the
happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first
given the Engineer due written notice of potential claim as hereinafter specified. Compliance with
this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract
Time Accounting, nor to any claim that is based on differences in measurement or errors of
computation as to contract quantities. The written notice of potential claim for changed conditions
shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that
the Contractor performs the work giving rise to the potential claim. The Contractor’s failure to give
written notice of potential claim for changed conditions to the agency upon their discovery and
before they are disturbed shall constitute a waiver of all claims in connection therewith.
The Contractor shall provide the City with a written document containing a description of the
particular circumstances giving rise to the potential claim, the reasons for which the Contractor
believes additional compensation may be due and nature of any and all costs involved within 20
working days of the date of service of the written notice of potential claim for changed conditions.
Verbal notifications are disallowed.
The potential claim shall include the following certification relative to the California False Claims Act,
Government Code Sections 12650-I 2655.
“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
affected work is completed. Failure to do so shall be sufficient cause for denial of any claim
subsequently filed on the basis of said notice of potential claim.
‘3 6/7/99 Contract No. POO-01 Page 47 of 64 Pages
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.
Add the following: 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.
Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute
resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall
attempt to resolve all disputes informally through the following dispute resolution chain of command:
1. Project Inspector
2. Senior Inspector
3. Principal Inspector
4. Public Works Director
5. City Manager
The Contractor shall submit a complete report within 20 working days after completion of the
disputed work stating its position on the claim, the contractual basis for the claim, along with all
documentation supporting the costs and all other evidentiary materials. At each level of claim or
appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim,
review the Contractor’s report and respond with a position, request additional information or request
that the Contractor meet and present its report. When additional information or a meeting is
requested the City will provide its position within 10 working days of receipt of said additional
information or Contractor’s presentation of its report. The Contractor may appeal each level’s
position up to the City Manager after which the Contractor may proceed under the provisions of the
Public Contract Code.
The authority within the dispute resolution chain of command is limited to recommending a
resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order
provisions in the contract.
All claims by the contractor 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)(l) 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)(l) “Public work” has the same meaning as in Sections 3100 and 3106 of the Civil Code, except
that “public work” does not include any work or improvement contracted for by the state or the
Regents of the University of California.
‘3 617199 Contract No. POO-01 Page 48 of 64 Pages
(2) “Claim” means a separate demand by the contractor for (A) a time extension, (B) payment of
money or damages arising from work done by, or on behalf of, the contractor pursuant to the
contract for a public work and payment of which is not otherwise expressly provided for or the
claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local
agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications
for any work which may give rise to a claim under this article.
(d) This article applies only to contracts entered into on or after January 1, 1991.
20104.2. For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the claim.
Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to
extend the time limit or supersede notice requirements otherwise provided by contract for the filing
of claims.
(b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in
writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within
30 days of receipt of the claim, any additional documentation supporting the claim or relating to
defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency’s written response to the claim, as further documented, shall be submitted to
the claimant within 15 days after receipt of the further documentation or within a period of time no
greater than that taken by the claimant in producing the additional information, whichever is greater.
(c)(l) 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 jocal agency fails to respond
within the time prescribed, the claimant may so notify the local agency, in writing, either within 15
days of receipt of the local agency’s response or within 15 days of the local agency’s failure to
respond within the time prescribed, respectively, and demand an informal conference to meet and
confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a
meet and confer conference within 30 days for settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any portion remains in dispute, the
claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2
(commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For
purposes of those provisions, the running of the period of time within which a claim must be filed
shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a)
until the time that claim is denied as a result of the meet and confer process, including any period of
time utilized by the meet and confer process.
(f) This article does not apply to tort claims and nothing in this article is intended nor shall be
construed to change the time periods for filing tort claims or actions specified by Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division
3.6 of Title 1 of the Government Code.
‘3 6t7/99 Contract No. POO-01 Page 49 of 64 Pages
.-
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 nonbinding mediation unless waived by mutual stipulation of both parties.
The mediation process shall provide for the selection within 15 days by both parties of a
disinterested third person as mediator, shall be commenced within 30 days of the submittal, and
shall be concluded within 15 days from the commencement of the mediation unless a time
requirement is extended upon a good cause showing to the court or by stipulation of both parties. If
the parties fail to select a mediator within the 15-day period, any party may petition the court to
appoint the mediator.
(b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to
Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure,
notwithstanding Section 1141 .l 1 of that code. The Civil Discovery Act of 1986 (Article 3
(commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure)
shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to
judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed
for purposes of this article shall be experienced in construction law, and, upon stipulation of the
parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to
exceed their customary rate, and such fees and expenses shall be paid equally by the parties,
except in the case of arbitration where the arbitrator, for good cause, determines a different division.
In no event shall these fees or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of
Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does
not obtain a more favorable judgment shall, in addition to payment of costs and fees under that
chapter, pay the attorney’s fees of the other party arising out of the trial de novo.
(c) The court may, upon request by any party, order any witnesses to participate in the mediation or
arbitration process.
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed
except as otherwise provided in the contract.
(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on
any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a
court of law.
SECTION 4 - CONTROL OF MATERIALS
4-I MATERIALS AND WORKMANSHIP.
-
4-1.3.1 General, add the following: 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 fulfil1
this Contract.
‘3 617199 Contract No. POO-01 Page 50 of 64 Pages
4-1.4 Test of Materials, delete the phrase, “and a reasonable amount of retesting”, from the third
sentence of the first paragraph.
add the following: Except as specified in these Supplemental Provisions, the Agency will bear the
cost of testing of locally produced materials and/or on-site workmanship where the results of such
tests meet or exceed the requirements indicated in the Standard Specifications and the
Supplemental Provisions. The cost of all other tests shall be borne by the Contractor.
At the option of the Engineer, the source of supply of each of the materials shall be approved by the
Engineer before the delivery is started. All materials proposed for use may be inspected or tested at
any time during their preparation and use. If, after incorporating such materials into the Work, it is
found that sources of supply that have been approved do not furnish a uniform product, or if the
product from any source proves unacceptable at any time, the Contractor shall furnish approved
material from other approved sources. If any product proves unacceptable after improper storage,
handling or for any other reason it shall be rejected, not incorporated into the work and shall be
removed from the project site all at the Contractor’s expense.
Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the
requirements of the specifications shall be borne by the Agency. Said tests may be made at any
place along the work as deemed necessary by the Engineer. The costs of any retests made
necessary by noncompliance with the specifications shall be borne by the Contractor.
4-3.6 Trade names or Equals, add the fdlowing: The Contractor is responsible for the
satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the
substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility
with associated items, availability of repair parts and suitability of application the Contractor shall
remove the substituted item and replace it with the originally specified item at no cost to the
Agency.
Add the following section:
4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE.
-
The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the
quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate,
remove and dispose excess of all materials used to accomplish the Work. Materials shall be
delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be
accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor
as consignee, the 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.
‘3 6ffJ99 Contract No. POO-01 Page 51 of 64 Pages
SECTION 5 -- UTILITIES
5-l LOCATION.
Delete the first paragraph and substitute the following: 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.
54 RELOCATION.
Add the following: In conformance with section 5-6 the Contractor shall coordinate the work with
utility agencies and companies. Prior to the installation of any and all utility structures within the
limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb
or curb and gutter that is a part of the work and adjacent to the location where such utility structures
are shown on the plans and are noted as being located, relocated or are otherwise shown as
installed by others. In order to minimize delays to the Contractor caused by the failure of other
parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer’s
approval, may be permitted to temporarily omit the portion of work affected by the utility. If such
temporary omission is approved by the Engineer the Contractor shall place survey or other physical
control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency
or company. Such temporary omission shall be for the Contractor’s convenience and no additional
compensation will be allowed therefor or for additional work, materials or delay associated with the
temporary omission. The portion thus omitted shall be constructed by the Contractor immediately
following the relocation of the utility involved unless otherwise directed by the Engineer.
SECTION 6 -- PROSECUTION, PROGRESS AND
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.
Delete section 6-1 and substitute the following: 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 -24 calendar days after receipt of the “Notice to Proceed”.
Add the following section:
6-1 .I Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will
set the time and location for the Preconstruction Meeting. Attendance of the Contractor’s
management personnel responsible for the management, administration, and execution of the
project is mandatory for the meeting to be convened. Failure of the Contractor to have the
Contractor’s responsible project personnel attend the Preconstruction Meeting will be grounds for
default by Contractor per section 6-4. No separate payment will be made for the Contractor’s
attendance at the meeting. The notice to proceed will only be issued on or after the completion of
the preconstruction meeting.
-
Add the following section:
6-1 .I .I 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
Baseline 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.
ts 6/7/99 Contract No. POO-01 Page 52 of 64 Pages
Add the following section:
6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall
prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the
precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall
depict a workable plan showing the sequence, duration, and interdependence of all activities
required to represent 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 proceed and conclude with the date of final completion per the contract duration. The
Baseline Construction 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.
Add the following section:
6-I .2.1 Time-Scaled Network Diagram. As a part of the Baseline Construction Schedule the
Contractor shall prepare and submit to the Engineer a complete time-scaled network diagram
showing all of the activities, logic relationships, and milestones comprising the schedule.
Add the following section:
6-1.2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall
prepare and submit to the Engineer a tabular listing of all of the activities, showing for each activity
the identification number, the description, the duration, the early start, the early finish, the late start,
the late finish, the total float, and all predecessor and successor activities for the activity described.
Add the following section:
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
texture patterns or distinctive line types to show the critical path.
Add the following section:
6-1.2.4 Schedule Software. The Contractor shall use commercially available software equal to
the Windows 95 compatible “Suretrak” program by Primavera or “Project” program by Microsoft
Corporation to prepare the Baseline Construction Schedule and all updates thereto. The Contractor
shall submit to the Agency a 89 mm (3.5”) data disk with all network information contained thereon,
in a format readable by a Microsoft Windows 95 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 a scheduling program other than the “Suretrak” program by Primavera or “Project” program by
Microsoft Corporation the Contractor shall provide the Engineer three copies of the substituted
program that are fully licensed to the Agency and 32 class hours of on-site training by the program
publisher 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 2075 Las Palmas Drive, 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.
Add the following section:
6-l .2.5 Schedule Activities. Except for submittal activities, activity durations shall not be shorter
than 1 working day nor longer than 15 working days, unless specifically and individually allowed by
the Engineer. The Baseline Construction Schedule shall include between 100 and 500 activities,
including submittals, interfaces between utility companies and other agencies, project milestones
and equipment and material deliveries. The number of activities will be sufficient, in the judgment of
‘3 6/7/99 Contract No. POO-01 Page 53 of 64 Pages
the Engineer, to communicate the Contractor’s plan for project execution, to accurately describe the
project work, and to allow monitoring and evaluation of progress and of time impacts. Each
activity’s description shall accurately define the work planned for the activity and each activity shall
have recognizable beginning and end points.
Add the following section:
6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensation
to whatever party or contingency first exhausts it.
Add the following section:
6-I .2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency
supplied 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
submittals shall be included in the schedule.
Add the following section:
6-l .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.
Add the following section:
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
Contractor 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 schedule 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 private, which interface with the project are able to support the provisions of the
shortened Baseline Construction Schedule. The Agency’s acceptance of a shortened duration
project will be confirmed through the execution of a contract change order revising the project
duration and implementing all contractual requirements including liquidated damages in accordance
with the revised duration.
Add the following section:
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 6-1.2.10.1 through 6-l .2.10.3.
‘3 6/7/99 Contract No. POO-01 Page 54 of 64 Pages
Add the following section:
6-l .2.10.1 “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-l .8.1.
Add the following section:
6-l .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-I .8.1.
Add the following section:
6-1.2.10.3 “Not Accepted.” The Contractor must resubmit the schedule incorporating the
corrections and changes of the comments prior to receipt of payment per section 6-1.8.1. The
Notice to Proceed will not be issued by the Engineer if the changes of the comments are not
submitted as required 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.
Add the following section:
6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the
Engineer during the last week of each month to agree upon each activity’s schedule status and shall
submit monthly updates of the Baseline Construction Schedule confirming the agreements no later
than the fifth working day of the following month. The monthly update will be submitted on hard
(paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media per the submittal
requirements of section 2-5.3 and will include each item and element of sections 6-1.2 through 6-
1.2.9 and 6-1.3.1 through 6-1.3.7.
Add the following section:
6-l .3.1 Actual Activity Dates. The actual dates each activity was started and/or completed
during the month. After first reporting an actual date, the Contractor shall not change that actual
date in later updates without specific notification to the Engineer with the update.
Add the following section:
6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month, the
Contractor shall report the percentage determined by the Engineer as complete for the activity.
Add the following section:
6-1.3.3 Electronic Media. The schedule data disk shall be a 89 mm (3’/*“) high density diskette,
labelled with the project name and number, the Contractor’s name and the date of preparation of the
schedule data disk. The schedule data disk shall be readable by the software specified in section 6-
1.2.4 “Schedule Software” and shall be free of file locking, encryption or any other protocol that
would impede full access of all data stored on it.
Add the following section:
6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting
logic, with an explanation for each change.
rf4 6/7/99 Contract No. POO-01 Page 55 of 64 Pages
‘- Add the following section:
6-l .3.5 Change Orders, Each monthly update will include the addition of the network revisions
reflecting the change orders approved in the previous month. The network revisions will be as
agreed upon during the review and acceptance of the Contractor’s change orders.
Add the following section:
6-1.3.6 Bar Chart. Each monthly update will include 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 texture patterns or distinctive line types to show the critical path.
Add the following section:
6-1. 4 Engineer’s Review of Updated Construction Schedule. The Engineer will review and
return the Updated Construction Schedule to the Contractor, with any comments, within 5 working
days of submittal. The Updated Construction Schedule will be returned marked as per sections 6-
1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked “Accepted with Comments” or
“Not Accepted” by the Engineer will be returned to the Contractor for correction. Upon resubmittal
the Engineer will review and return the resubmitted Updated Construction Schedule to the
Contractor, with any comments, within 5 working days. Failure of the Contractor to submit a
monthly updated construction schedule will invoke the same consequences as the Engineer
returning a monthly updated construction schedule marked “Not Accepted”.
Add the following section:
6-l .4.1 “Accepted.” The Contractor may proceed with the project work, and will receive payment
for the schedule in accordance with section 6-1.8.2. P
Add the following section:
6-1.4.2 “Accepted with Comments.” The Contractor may proceed with the project work. The
Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the
corrections and changes noted in the Engineer’s comments prior to receipt of payment per section
6-l .8.2.
Add the following section:
6-1.4.3 “Not Accepted.” The Contractor must resubmit the Updated Construction Schedule to
the Engineer incorporating the corrections and changes noted in the Engineer’s comments prior to
receipt of payment per section 6-1.8.2. 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 and marked “Accepted” by the
Engineer before the last day of the month in which the Updated Construction Schedule is due. If the
Contractor fails to submit the corrected Updated Construction Schedule as required herein the
Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to
proceed with the project, any resulting delay, impact, or disruption to the project will be the
Contractor’s responsibility.
Add the following section:
6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion
or contractually required milestone date later than the properly adjusted contract or milestone
duration, the Agency may withhold Liquidated Damages for the number of days late. Should a
subsequent “Accepted” Schedule Update remove all or a portion of the delay, all or the allocated,
portion of the previously held Liquidated Damages shall be released in the monthly payment to the
Contractor immediately following the “Accepted” schedule.
43 6/7/99 Contract No. POO-01 Page 56 of 64 Pages
Add the following section:
6-1.6 Interim Revisions. Should the actual or projected progress of the work become
substantially different from that depicted in the Project Schedule, independently of and prior to the
next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list
and explanation of each change made to the schedule. The Revised Construction Schedule will be
submitted per the submittal requirements of section 2-5.3 and per the schedule review and
acceptance requirements of section 6-1, including but not limited to the acceptance and payment
provisions. As used in this subsection “substantially different” means a time variance greater than 5
percent of the number of days of duration for the project.
Add the following section:
6-1.8.2 Monthly Updated Construction Schedule Payments. Monthly Updated Construction
Schedule Payments of N/A dollars will be made subsequent to the initial payment for the
Construction Schedule for each monthly Construction Schedule, updated as required herein, that
the Engineer has accepted as sufficient within the month that the monthly progress payment
pertains. No payment shall be made, nor shall any payment accrue, for any monthly updated
construction schedule that is not marked “Accepted” by the Engineer on or before the twentieth
working day of the month such monthly updated construction schedule is due per section 6-1.3
Preparation of Schedule Updates and Revisions. The sum of the amounts paid for Construction
Schedule during the initial and subsequent payment periods, or extensions to the contract, shall not
exceed the stipulated lump sum price for Construction Schedule.
Add the following section:
- 6-1.1 Measurement And Payment Of Construction Schedule. The Contractor’s preparation,
revision and maintenance of the Construction Schedule are incidental to the work and no separate
payment will be made therefor.
6-2 PROSECUTION OF WORK.
Add the following section:
6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and
materials, and performing all operations necessary to complete the Project Work as shown on the
Project Plans and as specified in the Specifications. The work includes concrete sidewalk
improvements at Holiday Park Tot-lot.
Add the following section:
6-2.3 Project Meetings. The Engineer will establish the time and location of (weekly) Project
Meetings. Each Project Meeting shall be attended by the Contractor’s Representative. The Project
Representative shall be the individual determined under section 7-6, “The Contractor’s
Representative”, SSPWC. 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.
6-6 DELAYS AND EXTENSIONS OF TIME.
6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written
notice to the Engineer within two hours of the beginning of any period that the Contractor has placed
any workers or equipment on standby for any reason that the Contractor has determined to be
caused by the Agency or by any organization that the Agency may otherwise be obligated by. The
Contractor shall provide continuing daily written notice to the Engineer, each working day,
throughout the duration of such period of delay. The initial and continuing written notices shall
‘3 6/7/99 Contract No. POO-01 Page 57 of 64 Pages
include the classification of each workman and supervisor and the make and model of each piece of
equipment placed on standby, the cumulative duration of the standby, the Contractor’s opinion of
the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by
reasonable means. Should the Contractor fail to provide the notice(s) required by this section the
Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefor.
6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the
work to completion within 24 working days after the starting date specified in the Notice to Proceed.
6-7.2 Working Day. Add the following: Unless othentvise 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 AND ACCEPTANCE. Delete the second paragraph and add the following:
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 requirements 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.
Delete the first sentence of the third paragraph and substitute the following two sentences: 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.
6-9 LIQUIDATED DAMAGES.
Modify the last sentence of the first paragraph and the first sentence of the second paragraph and
add the following: For each consecutive calendar day in excess of the time specified for
completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or
have withheld monies due it, the sum of FIVE HUNDRED Dollars ($500.00)
Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00per
day is the minimum value of costs and actual damages caused by the Contractor to complete the
Work within the allotted time. Any progress payments made after the specified completion date shall
not constitute a waiver of this paragraph or of any damages.
6/7/99 Contract No. POO-01 Page 58 of 64 Pages
SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR
-
7-3 LIABILITY INSURANCE.
Modify as follows: All insurance is to be placed with insurers that have a rating in Best’s Key
Rating Guide of at least A-:V and 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.
74 WORKERS’ COMPENSATION INSURANCE.
Add the following: All insurance is to be placed with insurers that are admitted and authorized to
conduct business in the state of California and are listed in the official publication of the Department
of Insurance of the State of California. Policies issued by the State Compensation Fund meet the
requirement for workers’ compensation insurance.
7-5 PERMITS.
Delete the first sentence and add the following four sentences: Except as specified herein the
agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, resource
agency and building permits necessary to perform work for this contract on Agency property, in
streets, highways (except State highway right-of-way), railways 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 therefor.
7-7 COOPERATION AND COLLATERAL WORK.
Add the following section:
7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies
during the relocation or construction of their lines. The Contractor may be granted a time extension
if, in the opinion of the Engineer, a delay is caused by the utility company. No additional
compensation will be made to the Contractor for any such delay.
7-8 PROJECT SITE MAINTENANCE.
7-8.1 Cleanup and Dust Control. Add the following: 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 therefor.
7-8.6 Water Pollution Control. .Add the following: The Contractor shall comply with all
requirements of the storm water pollution and monitoring plan prepared for this project in
accordance with the California State Water Resources Control Board order number 92-08-DWQ,
NPDES General Permit number CAS000002 and the “Water Discharge Requirement for
Discharges of Storm Water Runoff Associated with Construction Activity
‘3 6/7/99 Contract No. POO-01 Page 59 of 64 Pages
,- Add the following section:
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.
740 PUBLIC CONVENIENCE AND SAFETY.
740.1 Traffic and Access. add the following: The Contractor shall schedule the work so as to
prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not
schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by
calling the City’s contracted waste disposal company, Coast Waste Management at 929-9417.
-
Add the following section:
7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and
control devices shall be maintained throughout the duration of work in good order and according to
the approved traffic control plan. All construction area signs shall conform to the provisions of
section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of
section 214~5.l.et seq. All temporary reflective channelizers shall conform to the provisions of
section 2145.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking
shall conform to the provisions of section 210-1.6 et seq. except that all temporary paint shall be
rapid dry water borne conforming to section 210-I .6for materials and section 310-5 et seq. For
workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic
control, direction and/or warning shall be furnished, installed and maintained by the Contractor.
Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when
no longer required. Warning and advisory signs that remain in place overnight shall be stationary
mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the
traveled way and from the view of motorists in the traveled way or shielded from the view of the
travelling public during such periods that their message does not pertain to existing conditions. Care
shall be used in performing excavation for signs in order to protect underground facilities. All
excavation required to install stationary construction area signs shall be performed by hand
methods without the use of power equipment. Warning and advisory signs that are used only during
working hours may be portable signs. Portable signs shall be removed from the traveled way and
shielded from the view of the travelling public during non-working hours. During the hours of
darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall
be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in
section 206-7.2 et seq. If illuminated traffic wnes rather than post-type delineators are used during
the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in
CALTRANS “Standard Specifications”, except the sleeves shall be 180 mm (7”) long. Personal
vehicles of the Contractor’s employees shall not be parked within the traveled way, including any
section closed to public traffic. Whenever the Contractor’s vehicles or equipment are parked on the
shoulder within 1.8 m (6’) of a traffic lane, the shoulder area shall be closed with fluorescent traffic
wnes or portable delineators placed on a taper in advance of the parked vehicles or equipment and
along the edge of the pavement at not less than 7.6 m (25’) intervals to a point not less than 7.6 m
(25’) past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable
delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead)
sign shall be mounted, as required herein, on a sign post or telescoping flag tree with flags. The
sign post or flag tree shall be placed where directed by the Engineer.
‘3 6/7/99 Contract No. POO-01 Page 60 of 64 Pages
Add the following section:
-
7-10.3.8 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan
Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the
project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor
shall have such new or modified TCP prepared and submitted as a part of the Work for any and all
construction activities that are located within the travelled way. The Contractor shall have TCP
prepared and submitted as a part of the Work for any construction activities that are a part of this
project that are not included in the project plans. The Contractor must submit the TCP for the
Engineer’s review in conformance with the requirements of section 2-5.3, et seq. and obtain the
Engineer’s approval of the TCP prior to implementing them. The minimum 20 day review period
specified in section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP,
new, modified or added to, for the Engineer’s review. New or revised TCP submittals shall include
all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in
sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of
features affecting the traffic control plan and the methodology proposed to transition to the
subsequent TCP phase. When the vertical alignment of the travelled surface differs from the
finished pavement elevation vertical curves must also be shown. Such modifications, supplements
and/or new design of TCP shall meet the requirements of the Engineer and of the “MANUAL OF
TRAFFIC CONTROLS”, 1996 Edition as published by the State of California Department of
Transportation. Subh modification, addition, supplement, and/or new design of TCP shall be
prepared by a registered professional engineer appropriately registered in the State of California.
The Engineer shall be the sole judge of the suitability and quality of any such modifications,
supplements, and/or new designs to TCP. The Engineer may approve any such modifications,
supplements, and/or new designs to the TCP when, in the Engineer’s sole opinion, such
modifications, supplements, and/or new designs to the TCP prepared by the registered professional
engineer retained by the Contractor will be beneficial to the best interests of the Agency. Such
modification, addition, supplement, and/or new design shall not be implemented and no work shall
be commenced that is contingent on such approval until the changed TCP are approved by the
Engineer. The preparation of such modification, addition, supplement, and/or new designs of TCP
shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review
requirements for such modifications, supplements, and/or new designs to TCP shall conform to the
requirements of section 2-5.3 Shop Drawings and Submittals.
The Contractor shall prepare and implement traffic control plans and shall furnish all labor and
materials to perform, install, maintain, replace and remove all traffic control as incidentals to the
work with which they are associated and no other compensation will be allowed therefor.
Add the following section:
7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary
precautions for the safety of employees on the work and shall comply with all applicable provisions
of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to
persons on, about, or adjacent to the premises where the work is being performed. The Contractor
shall erect and properly maintain at all times, as required by the conditions and progress of the
work, all necessary safeguards for the protection of workers and public, and shall use danger signs
warning against hazards created by such features of construction as protruding nails, hoists, well
holes, and falling materials.
7-13 LAWS TO BE OBSERVED. Add the following: 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
‘3 6/7/99 Contract No. POO-01 Page 61 of 64 Pages
.- established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions
of the contract.
SECTION 9 - MEASUREMENT and PAYMENT
9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK
9-l .4 Units of Measurement, modify as follows: The system of measure for this contract shall be
the U.S. Standard Measures.
93 PAYMENT.
9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods
shall not be affected by any payment but shall wmmence on the date of recordation of the “Notice
of Completion”
9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following:
Each month, the Engineer will make an approximate measurement of the work performed to the
closure date as basis for making monthly progress payments. The estimated value will be based
on contract unit prices, completed change order work and as provided for in Section 9-2 of the
Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30)
calendar days after the closure date. Five (5) working days following the closure date, the
Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the
Contractor’s information. Should the Contractor assert that additional payment. is due, the
Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental
payment request to the Engineer with adequate justification supporting the amount of supplemental
payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon
as practicable after receipt, determine whether the supplemental payment request is a proper
payment request. If the Engineer determines that the supplemental payment request is not proper,
then the request shall be returned to the Contractor as soon as practicable, but not later than
seven (7) days after receipt. The returned request shall be accompanied by a document setting
forth in writing the reasons why the supplemental payment request was not proper. In
conformance with Public Contract Code Section 20104.50, the City shall make payments within
thirty (30) days after receipt of an undisputed and properly submitted supplemental payment
request from the Contractor. If payment of the undisputed supplemental payment request is not
made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the
Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of
Civil Procedure.
Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment
Estimate and process a corresponding payment. This estimate will be in writing and shall be for the
total amount owed the Contractor as determined by the Engineer and shall be itemized by the
contract bid item and change order item with quantities and payment amounts and shall show all
deductions made or to be made for prior payments and amounts to be deducted under provisions of
the contract. All prior estimates and progress payments shall be subject to correction in the Final
Payment Estimate.
pfs 6/7/99 Contract No. POO-01 Page 62 of 64 Pages
The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make
written statement disputing any bid item or change order item quantity or payment amount. The
Contractor shall provide all documentation at the time of submitting the statement supporting its
position. Should the Contractor fail to submit the statement and supporting documentation within
the time specified, the Contractor acknowledges that full and final payment has been made for all
contract bid items and change order items.
If the Contractor submits a written statement with documentation in the aforementioned time, the
Engineer will review the disputed item within 30 calendar days and make any appropriate
adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the
Engineer will be subject to resolution as specified in subsection 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. Add the following: Except for those final payment items disputed in
the written statement required in subsection 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 subsection 9-3.2
shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will
be considered that was not included in this written statement, nor will any claim be allowed for which
written notice or protest is required under any provision of this contract including sections 3-4
Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written
Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with
notice or protest requirements.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the
basis and amount of said claims. The Engineer will consider and determine the Contractor’s claims
and it will be the responsibility of the Contractor to furnish within a reasonable time such further
information and details as may be required by the Engineer to determine the facts or contentions
involved in its claims. Failure to submit such information and details will be sufficient cause for
denying the claims.
Payment for claims shall be processed within 30 calendar days of their resolution for those claims
approved by the Engineer. The Contractor shall proceed with informal dispute resolution under
subsection 3-5, Disputed Work, for those claims remaining in dispute.
Add the following section:
9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated
into the will not be included in the progress estimate.
Add the following section:
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.
‘3 6/7/99 Contract No. POO-01 Page 63 of 64 Pages
APPENDIX “A”
RESIDENT NOTIFICATION EXAMPLE
CITY OF CARLSBAD
ROAD WORK
ABC CONTRACTORS
OFFICE # (760)xXx-xx>oc
FIELD # (760)xXx-XxXx
Dear resident:
As a part of the City of Carlsbad’s ongoing program to maintain
its streets, your street will be resurfaced with a layer of asphalt
concrete over the existing roadway surface. This construction will
require the closing of your street to through traffic for one day.
Your street, from XYZ St to XYZ Ave. will be closed to through
traffic and resurfaced on:
MON. TUE. WED. THU. FRI.
DATE:
from 7:OOA.M. to 5:00 P.M.
If you don’t plan to leave your home by 7:00 A.M. on the
above date please park your car on an adjacent street in your
neighborhood that will not be resurfaced. Streets scheduled for
resurfacing can be determined by calling either the Contractor or
the City of Carlsbad Engineering Inspection Department. When
walking to and from your car, remember not to walk on the newly
overlaid street or you will have black residue on the bottom of
your shoes. Please do not drive, walk on, walk pets, play, or
skate on the newly overlaid asphalt. Also, please refrain from
watering your lawns, washing cars, etc., approximately 6-8 hours
after the asphalt is laid as running water will cause damage to the
new surface.
ABC is the Contractor that will be performing the resurfacing
work for the city and you may call them at
(760)XXXXXXX if you have any questions regarding the project.
Resurfacing of your street will not occur on the day your trash is
collected. Mail delivery may be delayed if the postman cannot
reach the mailbox that day. If you have a moving company
scheduled for that day please call and inform the Contractor of the
date. If you have any wncerns which cannot be addressed by
the Contractor, you may call the City’s Engineering Inspection
Department at 438-l 161x4323.
Thank you for your cooperation as we work to make a better
Citv of Carlsbad.
43 6/7/99 Contract No. POO-01 Page 64 of 64 Pages
Wireless Remote Lighting Control System
PART I GENERAL
1.1
A.
1.2
A.
6.
1.3
A.
B.
SUMMARY
Scope
This section includes the wireless remote lighting control system suitable
for control of remote equipment using a nationwide wireless network.
Software features are tailored to control equipment in parks and
recreation facilities but not limited to these applications. The remote
controllers shall be suitable for control of electrical equipment in multiple
locations.
QUALITY ASSURANCE
Acceptable Manufacturers
The basis of design is the Control-Link Series by Musw. Similar systems from
other manufacturers, that fully meet the functional and performance
requirements listed herein, will be considered. A detailed line-by-line compliance
comparison of any alternate system shall be submitted for the Engineer’s review.
Exceptions and non-compliance shall be clearly identified. It is the sole
responsibility of the Electrical Contractor to ensure and demonstrate that all
equipment meets the specifications.
Standards
1. The lighting control system shall be UL listed under UL916 - Energy
Management Equipment.
2. All lighting control equipment shall be in compliance with FCC Emission
Standards specified in Part 15 Subpart J for Class A applications.
3. Each element of the Control-Link system is subject to FCC rules and will
comply with the rules prior to delivery.
SUBMITTALS
Submittal documentation shall be furnished by the manufacturer for approval by
the Engineer and must be approved in writing prior to any shipment of any
equipment from the manufacturer. The submittal shall consist of:
Bill of Materials
An itemized list of all materials, software and labor being supplied.
Shop Drawings
Dimensional drawings of all equipment.
C. Wiring Diagrams
Typical wiring diagrams for all components.
D. Product Data Sheets
Performance specifications for each hardware and software component
provided.
1.4 CUSTOMER SUPPORT SERVICES
A. Communication System
The manufacturer shall be responsible to provide a transmitting system to
operate the Remote Electrical Controller per an owner defined schedule.
The system shall allow for transmission of the schedule vie Internet to provide for
minimal communication cost.
The manufacturer shall be responsible for 5 years of complete support and
communication service other than owners access to the Internet.
The owner shall be provided regular reports via the Internet confirming operating
schedules per site and per user.
B. Commissioning
The manufacturer shall supply factory-authorized representatives to start up all
equipment and demonstrate full compliance with this specification. They shall
verify that the contractor has properly installed and interconnected all supplied
components.
C. Training
The manufacturer shall train the owner’s representatives in the operation of the
schedule software and remote equipment controllers, including all user functions.
D. Technical Support
Technical help via telephone shall be available during reasonable hours.
E. Website Support
Manufacturer shall maintain and support a basic website specific to this system
where the owner can access and effect schedules and download user manuals.
1.5 WARRANTY
A. Installation Warranty
A written warranty shall be supplied by the manufacturer agreeing to replace any
portion of the lighting control equipment that fails due to defect in materials or
workmanship for a period of (5 years).
B. Warranty Commencement
Warranty shall begin at the .point of substantial completion of the system, which
is defined as the date when commissioning is complete and the owner begins to
realize beneficial use of the system.
PART 2 MATERIALS
2.1 SCHEDULING’COMPUTER
The owners PC or optional manufacturers supplied PC shall be a personal
computer. Its operating system shall be Microsoft Windows 95/98 or NT and
have Internet access.
A. As a minimum, the computer shall consist of:
1. Pentium Processor, at least 32 Mbytes RAM, at least 4.3 GB EIDE
hard drive, SVGA video adapter, 28.8 Kbps modem
2. Color monitor (1024 X 768 VGA)
3. Keyboard, mouse
4. Printer supported under Windows 981NT
B. Nationwide Wireless Network
Initially, customer schedule requests and changes and operator override
commands shall be transmitted from the manufacturer to the remote controllers
via a nationwide paging network. As new technologies are developed,
manufacturer will incorporate new features and capabilities to controller. These
enhancements to the remote equipment control shall be transparent to the end
user and will be provided as part of the service and warranty contract. The end
user shall be responsible for providing and maintaining access to the Internet in
order to send and affect schedules, and receive report feedback.
2.2 REMOTE EQUIPMENT CONTROLLER
The lighting control manufacturer shall provide factory assembled, tested with
the following features at a minimum:
1. wireless receiver modules which will accept wireless messages and store
on/off commands
2. each remote controller shall incorporate dry contact relay output signals of
the appropriate type, rating and quantity to control the lighting contactors as
shown in the plans and specifications.
3. each relay output shall be individually controlled; it shall be the responsibility
of the lighting control manufacturer to provide a sufficient number of relay
outputs at each location to fulfil1 the operational requirements specified on
the plans.
4. operating ambient temperature range: -6°C to 50°C, storage temperature
range: -40°C to +85”C
5. field replaceable electronic assemblies
-
6. Each controller shall consist of:
A. NEMA 4X enclosure with locking cover which shall contain all
electronics equipment and contain no knockouts.
B. Chassis. The chassis shall be pre-assembled and contain all relays,
electronic circuit boards and the power supply. Controller Chassis
shall include:
1. Communications processor including wireless receiver
plus connection to antenna.
Manual override control shall include the following
functions:
1) Turn on or off individual relay circuits until the next time
schedule action.
2) Extend the time the circuit attached to the manual
override switch is on by increments of 15 minutes for
each momentary contact closure.
2. Relay control module with six (6) relays
3. Power supply
7. Security. Panels shall have lockable doors.
8. OFF-ON-AUTO function. The OFF-ON-AUTO switch is provided by the
manufacturer. The three position switch will control each lighting zone which
controls the wntactor(s) directly. In the OFF position all contacts are open.
In the ON position the ON set of contacts close, closing the circuit to the
control relay and closing the contractor. In the AUTO position, the AUTO
contacts are closed providing power to the common of the Remote
Equipment Controller (REC) relay. The REC program will close contacts
(COM & NO) closing the contractor. The ON contacts are open in this
position. The contacts on the OFF-ON-AUTO switch are “make before
break” so that the switch may be moved between ON and AUTO without de-
energizing the circuit.
2.3 CONTROL CAPABILITIES
Each panel shall provide the following features as an integral part of its firmware.
A. Memory Loss Protection
Memory shall be protected by using EEPROM technology. The real time clock
setting and current time shall be protected by lithium battery backed non-volatile
memory in the event of a power failure. Backup time shall be ten years.
B. Power Fail Recovery
The microprocessor shall continue to operate whenever incoming power is within
the rated voltage tolerance. When incoming power fails, the microprocessor
shall automatically halt program execution in a safe manner. Upon return of
power, the microprocessor shall automatically reboot and return the panel to
C.
2.4
A.
B.
2.5
A.
B.
C.
normal operation. Any on/off commands that would have occurred during the
power outage will be automatically reissued upon restoration of power.
Suitable Connector Types
The Remote Equipment Controller shall provide a continuous contact closure
signals to operate the standard lighting contractors namely electrically held,
contact clearing magnetically latched and contact clearing mechanically latched.
LIGHTING CONTROL SOFTWARE
The lighting control manufacturer shall offer software modules compatible with
Microsoft Windows 95/98 and NT. Each module shall have specific functionality.
Standard Scheduling and Broadcast Software
This is the fundamental function of the lighting control system which permits the
owner to define daily on and off times for each lighting zone. The owner sends
an email schedule to manufacturer, manufacturer broadcasts schedule
commands to the appropriate remote receivers on an unattended basis.
Security Program changes via PC shall be protected via password access.
Security codes shall be assignable so that different operators shall have different
levels of access to the system. Different security levels shall be provided for
administrative, programming and operations access.
SYSTEM OPERATIONS
These options may be provided with the Standard Scheduling Software or may
be added later.
Telephone Override
This standard feature provides a simple-to-use interface allowing anyone
anywhere to override individual lighting channels simply by having access to any
touch stone telephone and knowing the appropriate passwords and control
codes.
Accounting and Energy Management
This optional management service feature enables the owner to track usage of
lighting by zone/field and by user for purposes of billing the responsible entities.
This software feature includes the ability to print statements and invoices on a
periodic basis as required.
Lighting Maintenance
This optional management service feature tracks runtime hours and number of
start-stop cycles for purposes of economically predicting relamping and
reballasting needs in advance.
PART 3 EXECUTION
3.1
3.2
3.3
A.
B.
3.4
INSTALLATION
Install the lighting control equipment according to the manufacturers written
instructions.
CONTROL WIRING INSTALLATION
Install and hard wire all connections for each remote equipment controller.
FIELD QUALITY CONTROL
Manufacturer’s Field Services
Arrange and pay for the services of factory-authorized service representatives to
commission, test and program the lighting control panels.
Test Labeling
All equipment shall have test labels applied by the manufacturer that are clearly
visible.
COMMISSIONING
Refer to Section 1.4 of CUSTOMER SUPPORT SERVICES for details regarding
commissioning.