HomeMy WebLinkAbout2014-06-24; City Council; 21652; Approving Contract for Bids to Retrofit Field Lighting Systems Calavera Hills, Stagecoach Community ParksCITY OF CARLSBAD - AGENDA BILL
AB# 21,652 ADOPT RESOLUTION APPROVING CONTFRACT
DOCUMENTS AND AUTHORIZE CITY CLERK TO
ADVERTISE FOR BID A RETROFIT OF THE
FIELD LIGHTING SYSTEMS AT CALAVERA
HILLS AND STAGECOACH COMMUNITY PARKS
DEPT.DIRECTOR <^Ki ^
MTG. 6/24/14
ADOPT RESOLUTION APPROVING CONTFRACT
DOCUMENTS AND AUTHORIZE CITY CLERK TO
ADVERTISE FOR BID A RETROFIT OF THE
FIELD LIGHTING SYSTEMS AT CALAVERA
HILLS AND STAGECOACH COMMUNITY PARKS
CITY ATTY. ^
DEPT. P&R
ADOPT RESOLUTION APPROVING CONTFRACT
DOCUMENTS AND AUTHORIZE CITY CLERK TO
ADVERTISE FOR BID A RETROFIT OF THE
FIELD LIGHTING SYSTEMS AT CALAVERA
HILLS AND STAGECOACH COMMUNITY PARKS
CITY MGR. ^
RECOMMENDED ACTION:
Adopt Resolution No. 2014-152 approving contract documents and authorizing the City Clerk to
advertise for bid a retrofit ofthe field lighting systems at Calavera Hills and Stagecoach Community Parks
- Contract No. PWS 14-38PKS.
ITEM EXPLANATION:
The lighting systems on the athletic fields at Calavera Hills and Stagecoach Community Parks are
outdated and do not meet the current standards for energy efficiency. The lighting fixtures and electrical
conductors in both parks are nearly thirty years old, require frequent maintenance, and draw substantial
electrical demands. The warranty on the existing fixtures is no longer valid. The proposed fixtures
include a five year warranty, plus bulb replacement at no additional cost during this same period.
During the FY 13/14 Capital Improvement Program Budget review, funding was approved forthe
retrofitting ofthe existing light poles (fixtures and conductors) on three athletic fields each at Calavera
Hills and Stagecoach Community Parks. The proposed lighting fixtures are energy efficient, generate low
glare and no light spill, and provide an enhanced level of lighting for field users.
ENVIRONMENTAL IMPACT
The project is exempt from the California Environmental Quality Act per State CEQA Guidelines Section
15301(c)-minor alteration of existing public facilities or structures involving negligible or no expansion.
FISCAL IMPACT:
Funding for this project, in the amount of $756,000, was approved in the FY 13/14 Capital Improvement
Program Budget. The proposed retrofit ofthe lighting systems on the athletic fields at Calavera Hills and
Stagecoach Community Parks is expected to reduce field lighting energy costs up to 50%.
EXHIBITS:
1. Resolution No. 2014-152 approving contract documents and authorizing the City Clerk to
advertise for bid a retrofit ofthe field lighting systems at Calavera Hills and Stagecoach
Community Parks - Contract No. PWS 14-38PKS
2. Contract documents, general provisions, supplemental provisions, and technical specifications for
Calavera Hills and Stagecoach Community Parks Athletic Fields Lighting Retrofits - Contract No.
PWS14-38PKS
DEPARTMENT CONTACT: Kyle Lancaster, 760-434-2941, kyle.lancaster@carlsbadca.gov
FOR CLERK USE.
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER - SEE MINUTES •
AMENDED • REPORT RECEIVED •
1 RESOLUTION NO. 2014-152
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING CONTRACT DOCUMENTS AND
AUTHORIZING THE CITY CLERK TO ADVERTISE FOR BID A RETROFIT
4 OF THE FIELD LIGHTING SYSTEMS AT CALAVERA HILLS AND
STAGECOACH COMMUNITY PARKS - CONTRACT NO. PWS 14-
5 38PKS.
6
y WHEREAS, the contract documents, general provisions, supplemental provisions, and
8 technical specifications necessary to perform the Calavera Hills and Stagecoach Community
^ Parks athletic fields lighting retrofits have been prepared, are on file in the office of the City
Clerk, and are incorporated by reference herein; and
11
WHEREAS, the lighting fixtures and electrical conductors in both parks are nearly thirty
12
years old, require frequent maintenance, and draw substantial energy demands; and
j4 WHEREAS, the proposed lighting fixtures are energy efficient, generate low level of glare
15 and no light spill, and provide an enhanced level of lighting for field users; and
WHEREAS, sufficient funds are available for this lighting systems retrofit project in the
17
Capital Improvement Program Project Budget.
18
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
19
2Q California, as follows that:
21 1. The above recitations are true and correct.
22 2. The contract documents, general provisions, supplemental provision, and
technical specifications referenced hereto are hereby approved.
3. The City Clerk of the City of Carlsbad is hereby authorized and directed to
proceed to publish, in accordance with law, a Notice Inviting Bids for the work of
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said contract documents, general provisions, supplemental provisions, and
technical specifications.
PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 24th day of June 2014, by the following vote to wit:
AYES:
NOES:
ABSENT:
Council Members Hall, Packard, Wood, Schumacher, Blackburn.
None.
None.
MATT HALL, Mayor
ATTEST:
O^V-SBAO^
CITY OF CARLSBAD
San Diego County
Califomia
CONTRACT DOCUMENTS,
GENERAL PROVISIONS,
SUPPLEMENTAL PROVISIONS, AND
TECHNICAL SPECIFICATIONS
FOR
CALAVERA HILLS AND
STAGECOACH
COMMUNITY PARKS
ATHLETIC FIELDS
LIGHTING RETROFITS
CONTRACT NO. PWS14-38PKS
TABLE OF CONTENTS
item Paqe
Notice Inviting Bids 1
Contractor's Proposal 5
Bid Security Form 10
Bidder's Bond to Accompany Proposal 11
Guide for Completing the "Designation of Subcontractors" Form 13
Designation of Subcontractor and Amount of Subcontractor's Bid Items 15
Bidder's Statement of Technical Ability and Experience 16
Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive
Liability and Workers' Compensation 17
Bidder's Statement Re Debarment 18
Bidder's Disclosure of Discipline Record 19
Non-collusion Declaration to Be Executed by Bidder and Submitted with Bid 21
Contract Public Works 22
Labor and Materials Bond 28
Faithful Performance/Warranty Bond 30
Optional Escrow Agreement for Surety Deposits in Lieu of Retention 32
GENERAL PROVISIONS
Section 1 Terms, Definitions Abbreviations and Symbols
1-1 Terms 35
1-2 Definitions 36
1-3 Abbreviations 40
1-4 Units of Measure 43
1- 5 Symols 44
Section 2 Scope and Control of the Work
2- 1 Award and Execution of Contract 45
2-2 Assignment 45
2-3 Subcontracts 45
2-4 Contract Bonds 46
2-5 Plans and Specifications 47
2-6 Work to be Done 50
2-10 Authority of Board and Engineer 50
2- 11 Inspection 51
Section 3 Changes in Work
3- 1 Changes Requested by the Contractor 52
3-2 Changes Initiated by the Agency 52
3-3 Extra Work 53
3-4 Changed Conditions 55
3- 5 Disputed Work 56
Section 4 Control of Materials
4- 1 Materials and Workmanship 60
4- 2 Materials Transportation, Handling and Storage 64
Section 5 Utilities
5- 1 Location 65
5-2 Protection 65
5-3 Removal 65
5-4 Relocation 65
5-5 Delays 66
5- 6 Cooperation 67
Section 6 Prosecution, Progress and Acceptance of the Work
6- 1 Construction Schedule and Commencement of Work 68
6-2 Prosecution of Work 70
6-3 Suspension of Work 70
6-4 Default by Contractor 70
6-5 Termination of Contract 71
6-6 Delays and Extensions of Time 71
6-7 Time of Completion 72
6-8 Completion, Acceptance, and Warranty 72
6-9 Liquidated Damages 72
6- 10 Use of Improvement during Construction 73
Section 7 Responsibilities of the Contractor
7- 1 Contractor's Equipment and Facilities 74
^^W Revised 1 /30/13 Contract No. PWS14-38PKS
7-2 Labor 74
7-3 Liability Insurance 74
7-4 Workers' Compensation Insurance 74
7-5 Permits 74
7-6 The Contractor's Representative 75
7-7 Cooperation and Collateral Work 75
7-8 Project Site Maintenance 75
7-9 Protection and Restoration of Existing Improvements 77
7-10 Public Convenience and Safety 77
7-11 Patent Fees or Royalties 78
7-12 Advertising 78
7-13 Laws to be Observed 78
7- 14 Antitrust Claims 79
Section 8 Facilities for Agency Personnel
8- 1 General 80
Section 9 Measurement and Payment
9- 1 Measurement of Quantities for Unit Price Work 81
9-2 Lump Sum Work 81
9-3 Payment 81
SUPPLEMENTAL PROVISIONS TO PART 3 OF THE SSPWC
PART 3 Construction Methods
300-9 Geotextiles for Erosion Control and Water Pollution Control 84
Appendix A 86
Appendix B 106
Appendix C 117
CITY OF CARLSBAD
, CALIFORNIA
NOTICE INVITING BIDS
Until on , 20 , the City shall accept sealed bids, clearly
marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Pur-
chasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at
which time they will be opened and read, for performing the work as follows: retrofit/relamp existing
Musco Sports Lighting remote-control lighting for the athletic fields at Calavera Hills and Stagecoach
Community Parks with new energy-efficient Musco Green Generation Lighting® or equal lighting,
while preserving existing lighting infrastructure.
CALAVERA HILLS AND STAGECOACH COMMUNITY PARKS ATHLETIC FIELDS LIGHTING
RETROFITS
CONTRACT NO. PWS14-38PKS
INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS
This bid and the terms of the Contract Documents and General Provisions constitute an irrevocable
offer that shall remain valid and in full force for a period of 90 days and such additional time as may
be mutually agreed upon by the City of Carlsbad and the Bidder.
No bid will be received unless it is made on a proposal form furnished by the Purchasing Department.
Each bid must be accompanied by security in a form and amount required by law. The bidder's security
of the second and third next lowest responsive bidders may be withheld until the Contract has been
fully executed. The security submitted by ail other unsuccessful bidders shall be returned to them, or
deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law
(Public Contract Code section 10263), appropriate securities may be substituted for any obligation
required by this notice or for any monies withheld by the City to ensure performance under this Con-
tract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with
the City or a state or federally chartered bank in California as the escrow agent. The escrow agent
shall maintain insurance to cover negligent acts and omissions of the agent in connection with the
handling of retentions under this section in an amount not less than $100,000 per contract.
The City of Cartsbad may disqualify a contractor or subcontractor from participating in bidding when a
contractor or subcontractor has been debarred by the City of Cartsbad or another jurisdiction in the
State of California as an irresponsible bidder.
The work shall be performed in strict conformity with the plans, provisions, and specifications as ap-
proved by the City Council of the City of Carisbad on file with the Purchasing Department. The speci-
fications for the work include City of Cartsbad Technical Specifications and the Standard Specifica-
tions for Public Works Construction, Parts 2 & 3, 2012 Edition, all hereinafter designated "SSPWC",
as amended. Specification Reference is hereby made to the plans and specifications for full particulars
and description of the work. The General Provisions (Part 1) to the SSPWC do not apply.
^^Revised1/30/13 Contract No. PWS14-38PKS lot 125
The City of Carisbad encourages the participation of minority and women-owned businesses.
The City of Carisbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to
utilize recycled and recyclable materials when available, appropriate and approved by the Engineer.
BID DOCUMENTS
The bid documents comprise the following documents which must be completed and property exe-
cuted including notarization, where indicated.
1. Contractor's Proposal
2. Bidder's Bond
3. Non-collusion Declaration
4. Designation of Subcontractor and Amount of Subcontractor's Bid
5. Bidder's Statement of Technical Ability and Experience
6. Acknowledgement of Addendum (A)
7. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may
be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this
contract.
8. Bidder's Statement Re Debarment
9. Bidder's Disclosure of Discipline Record
10. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to
use the Escrow Agreement for Security)
11. Required Submittal Information Checklist (Inclusive)
ENGINEER'S ESTIMATE:
All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are ap-
proximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is
$680.000.00
TIME OF COMPLETION:
The contractor shall complete the Work within the time set in the contract as defined in the General
Provisions Section 6-7.
SPECIALTY CONTRACTORS:
ACCEPTABLE LICENSE TYPES
Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a con-
tractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall
be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be
invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal
funds are involved the contractor shall be properiy licensed at the time the contract is awarded. In all
other cases the contractor shall state their license number, expiration date and classification in the
proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following
classifications are acceptable for this contract: C-10 GENERAL ELECTRIC.
A minimum of 5 years' experience installing, maintaining and repairing Musco Sports Lighting remote-
controlled lighting systems is highly preferred.
ESCROW AGREEMENT
If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of
the usual 5% retention from each payment, these documents must be completed and submitted with
the signed contract. The escrow agreement may not be substituted at a later date.
OBTAINING PLANS AND SPECIFICATIONS
Sets of plans, various supplemental provisions, and Contract documents may be obtained at the Cash-
ier's Counter of the Faraday Center located at 1635 Faraday Avenue, Cartsbad, California 92008-
7314, for a non-refundable fee of (Twenty-five Dollars) $25.00 per set. If plans and specifications are
to be mailed, the cost for postage should be added.
INTENT OF PLANS AND SPECIFICATIONS
Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, spec-
ifications or other contract documents, or finds discrepancies in or omissions from the drawings and
specifications may submit to the Engineer a written request for clarification or correction. Any response
will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed
or delivered to each person receiving a set of the contract documents. No oral response will be made
to such inquiry. Prior to the award of the contract, no addition to, modification of or interpreta-
tion of any provision in the contract documents will be given by any agent, employee or con-
tractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on direc-
tions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore
specified.
REJECTION OF BIDS
The City of Cartsbad reserves the right to reject any or all bids and to waive any minor irregularity or
informality in such bids.
THE PAYMENT OF PREVAILING WAGES IS NOT REQUIRED
The City of Carisbad is a Charter City. Cartsbad Municipal Code Section 3.28.130 supersedes the
provisions of the California Labor Code when the public work is not a statewide concern. The City
Council has determined that it is not in the best interest ofthe city to require the payment of prevailing
wages for this project. Payment of prevailing wages is at contractor's discretion.
PRE BID MEETING
A MANDATORY pre-bid meeting will be held on (July 15, 2014 at 10 AM) at The Faraday Center
Building, 1635 Faraday Ave Cartsbad CA in the City of Carisbad.
UNIT PRICES AND COMPUTATION OF BIDS
All bids are to be computed on the basis ofthe 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 ofthe corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or
written in with ink and must be initialed in ink by a person authorized to sign for the Contractor.
ADDENDUMS
Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to
bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid.
BOND AND INSURANCE REQUIREMENTS
The Contractor shall provide bonds to secure faithful performance and warranty of the work in an
amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor
shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one
hundred percent (100%) ofthe total amount payable by the terms ofthe contract. These bonds shall
be kept in full force and effect during the course of this project, and shall extend in full force and effect
and be retained by the City until they are released as stated in the General Provisions section of this
contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact
the business of insurance in California and whose assets exceed their liabilities in an amount equal to
or in excess ofthe amount ofthe bond. The bonds are to be accompanied by the following documents:
^^Revised 1/30/13 Contract No. PWS14-38PKS :^nfi9R (0
1) An original, or a certified copy, ofthe unrevoked appointment, power of attorney, by laws, or other
instrument entitling or authorizing the person who executed the bond to do so.
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
If the bid is accepted, the City may require copies of the insurer's most recent annual statement and
quarteriy statement filed with the Department of Insurance pursuant to Article 10 (commencing with
section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the
insurer's receipt of a request to submit the statements.
Insurance is to be placed with insurers that:
1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII
2) Are admitted and authorized to transact the business of insurance in the State of California by the
Insurance Commissioner.
Auto policies offered to meet the specification of this contract must:
1) Meet the conditions stated above for all insurance companies.
2) Cover anv vehicle used in the performance of the contract, used onsite or offsite, whether owned,
non-owned or hired, and whether scheduled or non-scheduled.
Workers' compensation insurance required under this contract must be offered by a company meeting
the above standards with the exception that the Best's rating condition is waived. The City does accept
policies issued by the State Compensation Fund meeting the requirement for workers' compensation
insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. Any additional
cost of said insurance shall be included in the bid price.
The award ofthe contract by the City Council is contingent upon the Contractor submitting the required
bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor
fails to comply with these requirements, the City may award the contract to the second or third lowest
bidder and the bid security of the lowest bidder may be forfeited.
BUSINESS LICENSE
The prime contractor and all subcontractors are required to have and maintain a valid City of Carisbad
Business License for the duration of the contract.
Approved by the City Council ofthe City of Carisbad, California, by Resolution No. ,
adopted on the day of , 20 .
Date Deputy City Clerk
CITY OF CARLSBAD
CALAVERA HILLS AND STAGECOACH COMMUNITY PARKS ATHLETIC
FIELDS LIGHTING RETROFITS
CONTRACT NO. PWS14-38PKS
CONTRACTOR'S PROPOSAL
City Council
City of Carisbad
1200 Carisbad Village Drive
Carisbad, California 92008
The undersigned declares he/she has carefully examined the location of the work, read the Notice
Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and ad-
denda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and
services required to do all the work to complete Contract No. PWS14-38PKS in accordance with the
Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she
will take in full payment therefore the following unit prices for each item complete, to wit:
SCHEDULE "A" CALAVERA HILLS AND STAGECOACH COMMUNITY PARKS ATHLETIC
FIELDS LIGHTING RETROFITS
Approximate
Item Quantity Unit Price Total Amount
Na Description And Unit (Figures) (Figures)
A-1 Calavera Hills Community LS $ $
Park Athletic Fields Lighting
Retrofits/Relamp
A-2 Stagecoach Community Park LS $_
Athletic Fields Lighting Retro-
fits/Relamp
Total amount of bid in words for Schedule "A":
Total amount of bid in numbers for Schedule "A": $
Revised 1 /30/13 Contract No. PWS14-38PKS 5 of 125
The basis of award will be the sum of Schedule "A" only.
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s). has/have been received and is/are included in this pro-
posal.
The Undersigned has carefully checked all ofthe above figures and understands that the City will not
be responsible for any error or omission on the part ofthe 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 Carisbad, the City may administratively authorize award of the contract to the
second or third lowest bidder and the bid security of the lowest bidder may be forfeited.
The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do
business or act in the capacity of a contractor within the State of California, validly licensed under
license number , classification which expires on
, and that this statement is true and correct and has the legal effect of an
affidavit.
A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business
and Professions Code shall be considered nonresponsive and shall be rejected by the City §
7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by
the failure of the bidder to be licensed in accordance with California law. However, at the time the
contract is awarded, the contractor shall be properiy licensed.
The Undersigned bidder hereby represents as follows:
1. That no Council member, officer agent, or employee of the City of Carisbad is personally inter-
ested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no repre-
sentation, oral or in writing, ofthe City Council, its officers, agents, or employees has inducted him/her
to enter into this Contract, excepting only those contained in this form of Contract and the papers
made a part hereof by its terms; and
2. That this bid is made without connection with any person, firm, or corporation making a bid for the
same work, and is in all respects fair and without collusion or fraud.
Accompanying this proposal is (Cash, Certified Check, Bond or
Cashier's Check) for ten percent (10%) ofthe amount bid.
The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every
employer to be insured against liability for workers' compensation or to undertake self-insurance in
accordance with the provisions of that code, and agrees to comply with such provisions before com-
mencing the performance of the work of this Contract and continue to comply until the contract is
complete.
'^^Revised 1/30/13 Contract No. PWS14-38PKS 7 of 125 /
IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname) of proprietor
(3) Place of Business
(Street and Number)
City and State
(4) Zip Code Telephone No.
(5) E-Mail
IF A PARTNERSHIP. SIGN HERE:
(1) Name under which business is conducted.
(2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner)
(3) Place of Business.
(Street and Number)
City and State
(4) Zip Code Telephone No.
(5) E-Mail
€5
IF A CORPORATION. SIGN HERE:
(1) Name under which business is conducted
(2),
(Signature)
(Title)
Impress Corporate Seal here
(3) Incorporated under the laws ofthe State of.
(4) Place of Business
(Street and Number)
City and State
(5) Zip Code Telephone No.
(6) E-Mail
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED
List below names of president, vice president, secretary and assistant secretary, if a corpora-
tion; if a partnership, list names of all general partners, and managing partners:
Revised 1 /30/13 Contract No. PWS14-38PKS 9 of 125 ^
BID SECURITY FORM
(Check to Accompany Bid)
CALAVERA HILLS AND STAGECOACH COMMUNITY PARKS ATHLETIC FIELDS
LIGHTING RETROFITS
CONTRACT NO. PWS14-38PKS
(NOTE: The following form shall be used if check accompanies bid.)
Accompanying this proposal is a *Certified *Cashiers check 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 othenwise re-
quired by law, and notwithstanding the award of the contract to another bidder.
BIDDER
*Delete the inapplicable word.
(NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be
executed~the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.)
iT.t l-l
BIDDER'S BOND TO ACCOMPANY PROPOSAL
CALAVERA HILLS AND STAGECOACH COMMUNITY PARKS ATHLETIC FIELDS
LIGHTING RETROFITS
CONTRACT NO. PWS14-38PKS
KNOW ALL PERSONS BY THESE PRESENTS:
That we, , as Principal, and
as Surety are held and firmly bound unto the City of Carisbad, 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:
CALAVERA HILLS AND STAGECOACH COMMUNITY PARKS ATHLETIC FIELDS
LIGHTING RETROFITS
CONTRACT NO. PWS14-38PKS
in the City of Cartsbad, 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 Carisbad, 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.
^^'Revi.sed 1/30/1.^ Contract No. PWS14-38PKS 11 of 125 ' '-^
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.
PRINCIPAL:
day of. 20_
(name of Principal)
By:
(sign here)
(print name here)
Executed by SURETY this
of 20_
SURETY:
(name of Surety)
day
(Title and Organization of Signatory)
By:
(sign here)
(print name here)
(address of Surety)
(telephone number of Surety)
By:
(signature of Attorney-in-Fact)
(title and organization of signatory) (printed name of Attorney-in-Fact)
(Attach corporate resolution showing current power of attorney.)
(Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant sec-
retary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
CELIA A. BREWER
City Attorney
By:
Assistant City Attorney
GUIDE FOR COMPLETING
THE "DESIGNATION OF SUBCONTRACTORS" FORM
REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Bidders are
urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially,
"Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Own Or-
ganization", "Subcontractor", and "Work". Bidders are further urged to review sections 2-3
SUBCONTRACTS of the General Provisions.
CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder
proposes to perform. Bidders are cautioned that failure to provide complete and correct information
may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than
50 percent of the work by subcontractors or otherwise to be performed by forces other than the Bid-
der's own organization will be rejected as non-responsive. Specialty items of work that may be so
designated by the Engineer on the "Contractor's Proposal" are not included in computing the percent-
age of work proposed to be performed by the Bidder.
INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every
subcontractor whom the Bidder proposes to perform work or labor or render service in or about the
work or improvement, and every subcontractor licensed as a contractor by the State of California
whom the Bidder proposes to specially fabricate and install any portion of the work or improvement
according to detailed drawings contained in the plans and specifications in excess of one-half of one
percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets
and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars
($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be
set forth and included as an integral part of the bid offer.
The Designation of Subcontractors form must be submitted as a part ofthe Bidder's sealed bid. Failure
to provide complete and correct information mav result in rejection ofthe bid as non-responsive.
Suppliers of materials from sources outside the limits of work are not subcontractors. The value of
materials and transport of materials from sources outside the limits of work, as shown on the plans,
shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes
as installer of said materials. The value of material incorporated in any Subcontractor-installed bid
item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to
be performed by the Subcontractor installing said item.
When a Subcontractor has a Carisbad business license, the number must be entered on the proper
form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate
space.
When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid
item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The ex-
planation sheet shall cleariy apprise the City of the specific facts that show the Bidder proposes to
perform no less than fifty percent (50%) of the work with its own forces.
Determination of the subcontract amounts for purposes of award of the contract shall be determined
by the City Council in conformance with the provisions of the contract documents and the various
supplemental provisions. The decision ofthe City Council shall be final.
Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible
to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7.
Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the
required information. The page number and total number of additional form pages shall be entered in
the location provided on each type of form so duplicated.
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
(To Accompany Proposal)
CALAVERA HILLS AND STAGECOACH COMMUNITY PARKS ATHLETIC FIELDS
LIGHTING RETROFITS
CONTRACT NO. PWS14-38PKS
The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this
bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as
designated in this list in accordance with applicable provisions of the specifications and section 4100
et seq. ofthe Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder
further certifies that no additional subcontractor will be allowed to perform any portion of the Work in
excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for
construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%)
or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors
listed work will be made except upon the prior approval of the Agency.
SUBCONTRACTOR'S BID ITEI MS
Portion of Work
Subcontractor Name and
Location of Business
Subcontractor's
License No. and
Classification*
Amount of
Work by Sub-
contractor in
Dollars*
Page of pages of this Subcontractor Designation form
Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt ofthe information preceded by an asterisk may be submitted
by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids."
Revised 1/30/13 Contract No. PWS14-38PKS 15 of 125
BIDDER'S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
CALAVERA HILLS AND STAGECOACH COMMUNITY PARKS ATHLETIC FIELDS
LIGHTING RETROFITS
CONTRACT NO. PWS14-38PKS
The Bidder is required to state what work of a similar character to that included in the proposed Con-
tract he/she has successfully performed and give references, with telephone numbers, which will en-
able the City to judge his/her responsibility, experience and skill. An attachment can be used.
Date Con-
tract Com-
pleted
Name and Address
of the Employer
Name and Phone No.
of Person to Con-
tract
Type of Work
Amount
of Con-
tract
€5
BIDDER'S CERTIFICATE OF INSURANCE FOR
GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE
LIABILITY AND WORKERS' COMPENSATION
(To Accompany Proposal)
CALAVERA HILLS AND STAGECOACH COMMUNITY PARKS ATHLETIC FIELDS
LIGHTING RETROFITS
CONTRACT NO. PWS14-38PKS
As a required part of the Bidder's proposal the Bidder must attach either of the following to this page.
1) Certificates of insurance showing conformance with the requirements herein for each of:
• Comprehensive General Liability
• Automobile Liability
• Workers Compensation
• Employer's Liability
2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon
payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for
Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's
Liability in conformance with the requirements herein and Certificates of insurance to the Agency
showing conformance with the requirements herein.
All certificates of insurance and statements of willingness to issue insurance for auto policies offered
to meet the specification of this contract must:
1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project
for each insurance company that the Contractor proposes.
2) Cover anv vehicle used in the performance of the contract, used onsite or offsite, whether
owned, non-owned or hired, and whether scheduled or non-scheduled.
Revised 1 /30/13 Contract No. PWS14-38PKS 17 of 125
BIDDER'S STATEMENT RE DEBARMENT
(To Accompany Proposal)
CALAVERA HILLS AND STAGECOACH COMMUNITY PARKS ATHLETIC FIELDS
LIGHTING RETROFITS
CONTRACT NO. PWS14-38PKS
1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another
jurisdiction in the State of California?
yes no
2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debar-
ment(s)? Attach additional copies of this page to accommodate more than two debarments.
party debarred party debarred
agency agency
period of debarment period of debarment
BY CONTRACTOR:
By:
(name of Contractor)
(sign here)
(print name/title)
Page of pages of this Re Debarment form
€5
BIDDER'S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
CALAVERA HILLS AND STAGECOACH COMMUNITY PARKS ATHLETIC FIELDS
LIGHTING RETROFITS
CONTRACT NO. PWS14-38PKS
Contractors are required by law to be licensed and regulated by the Contractors' State License Board
which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent
act or omission is filed within four years of the date of the alleged violation. A complaint regarding a
latent act or omission pertaining to structural defects must be filed within 10 years of the date of the
alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors'
State License board, P.O. Box 26000, Sacramento, California 95826.
1) Have you ever had your contractor's license suspended or revoked by the California Contractors'
State license Board two or more times within an eight year period?
yes no
2) Has the suspension or revocation of your contractor's license ever been stayed?
yes no
3) Have any subcontractors that you propose to perform any portion of the Work ever had their con-
tractor's license suspended or revoked by the California Contractors' State license Board two or
more times within an eight year period?
yes no
4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform
any portion of the Work ever been stayed?
yes no
5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party
disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of
the violation and the disciplinary action taken therefore.
(If needed attach additional sheets to provide full disclosure.)
Page of pages of this Disclosure of Discipline form
••^Revised 1/30/13 Contract No. PWS14-38PKS 19 of 125
BIDDER'S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED)
(To Accompany Proposal)
CALAVERA HILLS AND STAGECOACH COMMUNITY PARKS ATHLETIC FIELDS
LIGHTING RETROFITS
CONTRACT NO. PWS14-38PKS
6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's
discipline was stayed, the date ofthe violation that the disciplinary action pertains to, describe the
nature of the violation and the condition (if any) upon which the disciplinary action was stayed.
(If needed attach additional sheets to provide full disclosure.)
BY CONTRACTOR:
(name of Contractor)
By:
(sign here)
(print name/title)
Page of pages of this Disclosure of Discipline form
NONCOLLUSION DECLARATION TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
CALAVERA HILLS AND STAGECOACH COMMUNITY PARKS ATHLETIC FIELDS
LIGHTING RETROFITS
CONTRACT NO. PWS14-38PKS
The undersigned declares:
I am the of , the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company,
association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder
has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The
bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone
else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or
indirectly, sought by agreement, communication, or conference with anyone to fix the bid price ofthe
bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of
any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly,
submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged infor-
mation or data relative thereto, to any corporation, partnership, company, association, organization,
bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not
paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint
venture, limited liability company, limited liability partnership, or any other entity, hereby represents
that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true
and correct and that this declaration is executed on , 20 at
[city], [state].
Signature of Bidder
Revised 1/30/13 Contract No. PWS14-38PKS 21 of 125
CONTRACT
PUBLIC WORKS
This agreement is made this day of , 20 ,
by and between the City of Carisbad, California, a municipal corporation, (hereinafter called "City"),
and whose principal place of business is
(hereinafter called "Contractor").
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contract documents
for:
CALAVERA HILLS AND STAGECOACH COMMUNITY PARKS ATHLETIC FIELDS
LIGHTING RETROFITS
CONTRACT NO. PWS14-38PKS
(hereinafter called "project")
2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools,
equipment, and personnel to perform the work specified by the Contract Documents.
3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids,
Contractor's Proposal, Bidder's Bond, Noncollusion Declaration, Designation of Subcontractors, Tech-
nical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release Form,
the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications
and General Provisions, and all proper amendments and changes made thereto in accordance with
this Contract or the Plans and Specifications, and all bonds forthe project; all of which are incorporated
herein by this reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indi-
cated, specified, and implied by the Contract Documents. Any items of work not indicated or specified,
but which are essential to the completion of the work, shall be provided at the Contractor's expense
to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be
the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent
will be final and binding. Failure ofthe Contractor to apprise subcontractors and materials suppliers of
this condition ofthe Contract will not relieve responsibility of compliance.
4. Payment. For all compensation for Contractor's performance of work under this Contract, City
shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of
this contract. The Engineer will close the estimate of work completed for progress payments on the
last working day of each month. The City shall withhold retention as required by Public Contract Code
Section 9203.
. _ . ... (.y-.^i
5. Independent Investigation. Contractor has made an independent investigation of the jobsite,
the soil conditions at the jobsite, and all other conditions that might affect the progress of the work,
and is aware of those conditions. The Contract price includes payment for all work that may be done
by Contractor, whether anticipated or not, in order to overcome underground conditions. Any infor-
mation that may have been furnished to Contractor by City about underground conditions or other job
conditions is for Contractor's convenience only, and City does not warrant that the conditions are as
thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has
not relied on information furnished by City.
6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches
or other excavations that extend deeper than four feet below the surface Contractor shall promptly,
and before the following conditions are disturbed, notify City, in writing, of any:
(A) Hazardous Waste. Material that Contractor believes may be material that is hazardous waste,
as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class
I, Class II, or Class III disposal site in accordance with provisions of existing law.
(B) Differing Conditions. Subsurface or latent physical conditions at the site differing from those
indicated.
(C) Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature,
different materially from those ordinarily encountered and generally recognized as inherent in work of
the character provided for in the contract.
City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ,
or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time
required for, performance of any part of the work shall issue a change order under the procedures
described in this contract.
In the event that a dispute arises between City and Contractor whether the conditions materially differ,
or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time re-
quired for, performance of any part of the work, contractor shall not be excused from any scheduled
completion date provided for by the contract, but shall proceed with all work to be performed under
the contract. Contractor shall retain any and all rights provided either by contract or by law which
pertain to the resolution of disputes and protests between the contracting parties.
7. Immigration Reform and Control Act Contractor certifies it is aware of the requirements
of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied
and will comply with these requirements, including, but not limited to, verifying the eligibility for em-
ployment of all agents, employees, subcontractors, and consultants that are included in this Contract.
8. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and
indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage,
injury and liability of every kind, nature and description, directly or indirectly arising from or in connec-
tion with the performance of the Contract or work; or from any failure or alleged failure of Contractor
to comply with any applicable law, rules or regulations including those relating to safety and health;
and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused,
resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or
damage caused by the sole or active negligence or willful misconduct of the City. The expenses of
defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other
dispute resolution method.
Contractor shall also defend and indemnify the City against any challenges to the award ofthe contract
Revised 1 /30/13 Contract No. PWS14-38PKS 23 of 125
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 ofthe contract
to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Con-
tractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for
the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel.
9. Insurance. Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, his or her agents, representatives,
employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in
City Council Policy # 70.
(A) Coverages and Limits Contractor shall maintain the types of coverages and minimum limits
indicted herein:
a. Commercial General Liability Insurance: $1,000,000 combined single limit per occurrence for
bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the
amounts specified shall be established forthe risks for which the City or its agents, officers or employ-
ees are additional insured.
b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for
bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the
performance ofthe contract, used onsite or offsite, whether owned, non-owned or hired, and whether
scheduled or non-scheduled.
c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits
as required by the Labor Code of the State of California. Workers' compensation offered by the State
Compensation Insurance Fund is acceptable to the City.
(B) Additional Provisions: Contractor shall ensure that the policies of insurance required under
this agreement with the exception of Workers' Compensation and Business Automobile Liability Insur-
ance contain, or are endorsed to contain, the following provisions.
a. The City, its officials, employees and volunteers are to be covered as additional insured as re-
spects: liability arising out of activities performed by or on behalf of the Contractor; products and com-
pleted operations ofthe contractor; premises owned, leased, hired or borrowed by the contractor. The
coverage shall contain no special limitations on the scope of protection afforded to the City, its officials,
employees or volunteers. All additional insured endorsements must be evidenced using separate doc-
uments attached to the certificate of insurance; one for each company affording general liability, and
employers' liability coverage.
b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials,
employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, em-
ployees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it.
c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided
to the City, its officials, employees or volunteers.
d. Coverage shall state that the contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(C) Notice of Cancellation. Each insurance policy required by this agreement shall be endorsed to
state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage
or limits except after ten (10) days' prior written notice has been sent to the City by certified mail, return
receipt requested.
(D) Deductibles and Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured reten-
tion levels must be declared to and approved by the City. At the option of the City, either: the insurer
shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its
officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and
related investigation, claim administration and defense expenses.
(E) Waiver of Subrogation. All policies of insurance required under this agreement shall contain a
waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its
officials or employees.
(F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall
furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors
shall be subject to all ofthe requirements stated herein.
(G) Acceptability of Insurers. Insurance is to be placed with insurers that have a rating in Best's
Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of in-
surance by the State of California Insurance Commissioner as admitted carriers as evidenced by a
listing in the official publication ofthe Department of Insurance ofthe State of California and/or under
the standards specified by City Council Policy # 70.
(H) Verification of Coverage. Contractor shall furnish the City with certificates of insurance and orig-
inal endorsements affecting coverage required by this clause. The certificates and endorsements for
each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its
behalf. The certificates and endorsements are to be in forms approved by the City and are to be
received and approved by the City before the Contract is executed by the City.
(I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in
the Contractor's bid.
10. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in ac-
cordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5
(commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is in-
cluded in Section 3 of the General Provisions. The contractor shall initially submit all claims over
$375,000 to the City using the informal dispute resolution process described in Public Contract Code
subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all
claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Gov-
ernment Code) for any claim or cause of action for money or damages prior to filing any lawsuit for
breach of this agreement.
(A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City
must be asserted as part of the contract process as set forth in this agreement and not in anticipation
of litigation or in conjunction with litigation.
(B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be
considered fraud and the Contractor may be subject to criminal prosecution.
(C) Government Code. Contractor acknowledges that California Government Code sections 12650
et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false
claim to a public entity. These provisions include false claims made with deliberate ignorance of the
false information or in reckless disregard ofthe truth or falsity ofthe information.
(D) Penalty Recovery. If the City of Carisbad seeks to recover penalties pursuant to the False Claims
Act, it is entitled to recover its litigation costs, including attorney's fees.
Revised 1/30/13 Contract No. PWS14-38PKS 25 of 125
(E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim
may subject the Contractor to an administrative debarment proceeding wherein the Contractor may
be prevented from further bidding on public contracts for a period of up to five years.
(F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025,
3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
(G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by an-
other jurisdiction is grounds for the City of Carisbad 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.
1 have read and understand all provisions of Section 10 above. init init
11. Security. Securities in the form of cash, cashier's check, or certified check may be substituted
for any monies withheld by the City to secure performance of this contract for any obligation estab-
lished by this contract. Any other security that is mutually agreed to by the Contractor and the City
may be substituted for monies withheld to ensure performance under this Contract.
12. Unfair Business Practices. In entering into a public works contract or a subcontract to supply
goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers
and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it
may have under Section 4 ofthe Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter
2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code),
arising from purchases of goods, services, or materials pursuant to the public works contract or the
subcontract. This assignment shall be made and become effective at the time the awarding body
tenders final payment to the contractor, without further acknowledgment by the parties.
13. Provisions Required by Law Deemed Inserted. Each and every provision of law and
clause required by law to be inserted in this Contract shall be deemed to be inserted herein and in-
cluded herein, and if, through mistake or otherwise, any such provision is not inserted, or is not cor-
rectly inserted, then upon application of either party, the Contract shall forthwith be physically
amended to make such insertion or con"ection.
€5
14. Additional Provisions. Any additional provisions of this agreement are set forth in the "Gen-
eral Provisions" or "Supplemental Provisions" attached hereto and made a part hereof.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED
(CORPORATE SEAL)
CONTRACTOR: CITY OF CARLSBAD a municipal corporation of
the State of California
By:
(name of Contractor)
(sign here)
By:
Mayor
ATTEST:
By:
(print name and title)
(sign here)
BARBARA ENGLESON, City Clerk
(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:
CELIA A. BREWER
City Attorney
By:
Assistant City Attorney
'•''Revised 1/30/13 Contract No. PWS14-38PKS 27 of 125
LABOR AND MATERIALS BOND
WHEREAS, the City Council of the City of Carisbad, State of California, by Resolution No.
, adopted , has awarded to
(hereinafter designated as the "Principal"), a Contract for:
CALAVERA HILLS AND STAGECOACH COMMUNITY PARKS ATHLETIC FIELDS
LIGHTING RETROFITS
CONTRACT NO. PWS14-38PKS
in the City of Carisbad, in strict conformity with the drawings and specifications, and other Contract
Documents now on file in the Office of the City Clerk of the City of Carisbad and all of which are
incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require
the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for
any materials, provisions, provender or other supplies or teams used in, upon or about the perfor-
mance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety
on this bond will pay the same to the extent hereinafter set forth.
NOW, THEREFORE, WE, as
Principal, (hereinafter designated as the "Contractor"), and
as Surety, are held firmly bound unto the City of Carisbad
in the sum of
Dollars ($ ),
said sum being an amount equal to: One hundred percent (100%) ofthe total amount payable under
the terms of the contract by the City of Cartsbad, and for which payment well and truly to be made we
bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail
to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the
performance of the work contracted to be done, or for any other work or labor thereon of any kind,
consistent with California Civil Code section 9100, or for amounts due under the Unemployment In-
surance Code with respect to the work or labor performed under this Contract, or for any amounts
required to be deducted, withheld, and paid over to the Employment Development Department from
the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unem-
ployment Insurance Code with respect to the work and labor, that the Surety will pay for the same,
and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court
consistent with California Civil Code section 9554.
This bond shall inure to the benefit of any ofthe persons named in California Civil Code section 9100,
so as to give a right of action to those persons or their assigns in any suit brought upon the bond.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the work to be performed hereunder or the specifications accompanying the same
shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of
time, alterations or addition to the terms of the contract or to the work or to the specifications.
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall
not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this.
day of
CONTRACTOR:
.. 20_
Executed by SURETY this.
of 20_
SURETY:
. day
(name of Contractor)
By:
(sign here)
(name of Surety)
(address of Surety)
By:.
(print name here)
(title and organization of signatory)
(sign here)
(print name here)
By:
(telephone number of Surety)
(signature of Attorney-in-Fact)
(printed name of Attorney-in-Fact)
(attach corporate resolution showing current power
of attorney)
(title and organization of signatory)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer
signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate
seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
CELIA A. BREWER
City Attorney
By:
Assistant City Attorney
^•f^ Revised 1/30/13 Contract No. PWS14-38PKS 29 of 125
FAITHFUL PERFORMANCE/WARRANTY BOND
WHEREAS, the City Council of the City of Carisbad, State of California, by Resolution
No. , adopted , has awarded to
, (hereinafter
designated as the "Principal"), a Contract for:
CALAVERA HILLS AND STAGECOACH COMMUNITY PARKS ATHLETIC FIELDS
LIGHTING RETROFITS
CONTRACT NO. PWS14-38PKS
in the City of Cartsbad, in strict conformity with the contract, the drawings and specifications, and other
Contract Documents now on file in the Office ofthe City Clerk ofthe City of Carisbad, all of which are
incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require
the furnishing of a bond for the faithful performance and warranty of said Contract;
NOW, THEREFORE, WE , as Principal,
(hereinafter designated as the "Contractor"), and
in the sum of
_, as Surety, are held and firmly bound unto the City of Cartsbad,
Dollars ($ ),
said sum being equal to one hundred percent (100%) ofthe estimated amount ofthe Contract, to be
paid to City or its certain attorney, its successors and assigns; for which payment, well and truly to be
made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and well
and truly keep and perform the covenants, conditions, and agreements in the Contract and any alter-
ation thereof made as therein provided on their part, to be kept and performed at the time and in the
manner therein specified, and in all respects according to their true intent and meaning, and shall
indemnify and save harmless the City of Cartsbad, its officers, employees and agents, as therein
stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and
effect.
As a part ofthe obligation secured hereby and in addition to the face amount specified therefore, there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, in-
curred by the City in successfully enforcing such obligation, all to be taxed as costs and included in
any judgment rendered.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the work to be performed there under or the specifications accompanying the same
shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of
time, alterations or addition to the terms of the contract or to the work or to the specifications.
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall
not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this _
day of , 20_
CONTRACTOR:
(name of Contractor)
Executed by SURETY this,
SURETY:
(name of Surety)
day of
20
By:
(sign here)
(print name here)
(address of Surety)
(telephone number of Surety)
(Title and Organization of Signatory)
By:
(signature of Attorney-in-Fact)
By:
(sign here)
(print name here)
(printed name of Attorney-in-Fact)
(Attach corporate resolution showing current
power of attorney.)
(Title and Organization of signatory)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant sec-
retary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
CELIA A. BREWER
City Attorney
By:
Assistant City Attorney
^^Revised 1/30/13 Contract No. PWS14-38PKS 31 of 125 3'^
OPTIONAL ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the City of Cartsbad whose address
is 1200 Cartsbad Village Drive, Carisbad, California, 92008, hereinafter called "City" and
^whose address is
hereinafter called
"Contractor" and whose address is
hereinafter
called "Escrow Agent."
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows:
1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the
Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention
earnings required to be withheld by the City pursuant to the Construction Contract entered into be-
tween the City and Contractor for
CALAVERA HILLS AND STAGECOACH COMMUNITY PARKS ATHLETIC FIELDS
LIGHTING RETROFITS
CONTRACT NO. PWS14-38PKS
in the amount of dated (hereinafter referred to as
the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of
the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a
substitute for Contract earnings, the Escrow Agent shall notify the City within 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 City and shall designate the Con-
tractor as the beneficial owner.
2. The City shall make progress payments to the Contractor for such funds which otherwise would
be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow
Agent holds securities in the form and amount specified above.
3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent
shall hold them for the benefit of the Contractor until such time as the escrow created under this
contract is terminated. The Contractor may direct the investment of the payments into securities. All
terms and conditions of this agreement and the rights and responsibilities ofthe 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 ofthe City. These expenses and payment
terms shall be determined by the City, Contractor and Escrow Agent.
5. The interest earned on the securities or the money market accounts held in escrow and all interest
earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal
by Contractor at any time and from time to time without notice to the City.
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account
only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow
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 ofthe City and on behalf of Contractor in connection with the foregoing, and exemplars of
their respective signatures are as follows:
For City: Title
Name
Finance Director
Chuck McBride
Signature.
For Contractor:
Address 1635 Faraday Avenue. Carisbad, CA 92008
Title
For Escrow Agent:
Name
Signature
Address _
Title
Name
Signature.
Address
Revised 1/30/13 Contract No PWS14-3RPKS
At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent
a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the
date first set forth above.
For City: Title
Name
Mayor
Matt Hall
Approved as to Form:
CELIA A. BREWER, City Attorney
Assistant City Attorney
Signature
Address 1200 Carisbad Villaae Drive. Carisbad. CA 92008
For Contractor: Title
Name
Signature.
Address
For Escrow Agent: Title
Name
Signature.
Address
GENERAL PROVISIONS
FOR
CALAVERA HILLS AND STAGECOACH COMMUNITY
PARKS ATHLETIC FIELDS LIGHTING RETROFITS
CONTRACT NO. PWS14-38PKS
CITY OF CARLSBAD
BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1,
GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR
PUBLIC WORKS CONSTRUCTION
SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS
1-1 TERMS - Unless otherwise stated, the words directed, required, permitted, ordered, in-
structed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or
words of like meaning, refer to actions, expressions, and prerogatives ofthe Engineer.
1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "sched-
uled", or words of similar import are used, it shall be understood that reference is made to the
plans accompanying these provisions, unless stated otherwise.
1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import
are used, it shall be understood that the direction, designation or selection ofthe Engineer is in-
tended, unless stated otherwise. The word "required" and words of similar import shall be un-
derstood to mean "as required to properiy complete the work as required and as approved by
the Engineer," unless stated othenwise.
1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and
such words of similar import are used, it shall be understood such words are followed by the ex-
pression "in the opinion ofthe Engineer", unless otherwise stated. Where the words "ap-
proved", "approval", "acceptance", or words of similar import are used, it shall be understood
that the approval, acceptance, or similar import ofthe Engineer is intended.
1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its ex-
pense, shall perform all operations, labor, tools and equipment, and further, including the fur-
nishing and installing of materials that are indicated, specified or required to mean that the Con-
tractor, at its expense, shall furnish and install the work, complete in place and ready to use, in-
cluding furnishing of necessary labor, materials, tools, equipment, and transportation.
Revised 1/30/13 Contract No. PWS14-38PKS 35 of 125
1-2 Definitions. The following words, or groups of words, shall be exclusively defined by the
definitions assigned to them herein.
Addendum - Written or graphic instrument issued prior to the opening of Bids which clarifies,
corrects, or changes the bidding or Contract Documents. The term Addendum shall include bul-
letins and ali other types of written notices issued to potential bidders prior to opening of Bids.
Agency - The City of Cartsbad, California.
Agreement - See Contract.
Assessment Act Contract - A Contract financed by special assessments authorized under a
State Act or procedural ordinance of a City or County.
Base - A layer of specified material of planned thickness placed immediately below the pave-
ment or surfacing.
Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the
prices for the Work.
Bidder-Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid
for the Work, acting directly or through a duly authorized representative.
Board - The officer or body constituting the awarding authority of the Agency, which is the City
Council for the City of Cartsbad or the Board of Directors of Carisbad Municipal Water District.
Bond - Bid, performance, and payment bond or other instrument of security.
City Council - the City Council of the City of Carisbad.
City Manager - the City Manager of the City of Cartsbad or his/her approved representative.
Cash Contract - A Contract financed by means other than special assessments.
Change Order - A written order to the Contractor signed by the Agency directing an addition,
deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time is-
sued after the effective date of the Contract. A Change Order may or may not also be signed by
the Contractor.
Code - The terms Govemment Code, Labor Code, etc., refer to codes of the State of California.
Construction Manager (a.k.a. Parks Supervisor) - the Project Inspector's immediate supervi-
sor and first level of appeal for informal dispute resolution.
Contract - The written agreement between the Agency and the Contractor covering the Work.
Revised 1 /30/13 Contract No. PWS14-38PKS 36 of 125
- y
Contract Documents - Including but not limited to; the Contract, any Addendum (which pertain
to the contract documents). Notice Inviting Bids, Instructions to Bidders; Bid (including docu-
mentation accompanying the Bid and any post-bid documentation submitted prior to the Notice
of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions, per-
mits from other agencies, the Technical Specifications, the Supplemental Provisions, the Plans,
Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued
after the execution of the Contract.
Contractor - The individual, partnership, corporation, joint venture, or other legal entity having
a Contract with the Agency to perform the Work. In the case of work being done under permit
issued by the Agency, the permittee shall be constructed to be the Contractor. The term "prime
contractor" shall mean Contractor.
Contract Price - The total amount of money for which the Contract is awarded.
Contract Unit Price - The amount stated in the Bid for a single unit of an item of work.
County Sealer-The Sealer of Weights and Measures ofthe county in which the Contract is
let.
Days - Days shall mean consecutive calendar's days unless othenwise specified.
Parks Superintendent - The Construction Manager's immediate supervisor and second level
of appeal for informal dispute resolution.
Dispute Board - Persons designated by the City Manager of the City of Carisbad or Executive
Manager of the Carisbad Municipal Water District, to hear and advise the City Manager on
claims submitted by the Contractor The City Manager for the City of Cartsbad or the Executive
Manager for the Carisbad Municipal Water District is the last appeal level for informal dispute
resolution.
Electrolier - Street light assembly complete, including foundation, standard, luminaire arm, lu-
minaire, etc.
Engineer - The City Engineer of the City of Cartsbad or his/her approved representative. The
Engineer is the third level of appeal for informal dispute resolution.
Geotextile - Synthetic fiber used in civil engineering applications, serving the primary functions
of separation and filtration.
House Connection Sewer - A sewer, within a public street or right-of-way, proposed to con-
nect any parcel, lot, or part of a lot with a mainline sewer.
House Sewer - A sewer, wholly within private property, proposed to connect any building to a
house connection sewer.
Luminaire - The lamp housing including the optical and socket assemblies (and ballast if so
specified).
Luminaire Arm - The structural member, bracket, or mast arm, which, mounted on the stand-
ard, supports the luminaire.
Minor Bid Item - A single contract item constituting less than 10 percent (10%) ofthe original
Contract Price bid.
f\
^•''Revised 1/30/13 Contract No. PWS14-38PKS 37 of 125
Modification - Includes Change Orders and Supplemental Agreements. A Modification may
only be used after the effective date of the Contract.
Notice of Award - The written notice by the Agency to the successful Bidder stating that upon
compliance by it with the required conditions, the Agency will execute the Contract.
Notice to Proceed - A written notice given by the Agency to the Contractor fixing the date on
which the Contract time will start.
Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired,
directed, supervised and paid by the Contractor to accomplish the completion of the Work. Fur-
ther, such employees have their employment taxes. State disability insurance payments. State
and Federal income taxes paid and administered, as applicable, by the Contractor. When used
in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or
leases and uses to accomplish the Work. Equipment that is owner operated or leased equip-
ment with an operator is not part of the Contractor's Own Organization and will not be included
for the purpose of compliance with Section 2-3.1.
Person - Any individual, firm, association, partnership, corporation, trust, joint venture, or other
legal entity.
Plans - The drawings, profiles, cross sections, working drawings, and supplemental drawings,
or reproductions thereof, approved by the Engineer, which show the location, character, dimen-
sions, or details of the Work.
Private Contract - Wori< subject to Agency inspection, control, and approval, involving private
funds, not administered by the Agency.
Project Inspector (a.k.a. Parks Inspector) - The Agency's designated representative for in-
spection, contract administration and first level for informal dispute resolution.
Proposal - See Bid.
Reference Specifications - Those bulletins, standards, rules, methods of analysis or test,
codes, and specifications of other agencies, engineering societies, or industrial associations re-
ferred to in the Contract Documents. These refer to the latest edition, including amendments in
effect and published at the time of advertising the project or issuing the permit, unless specifi-
cally referred to by edition, volume, or date.
Roadway - The portion of a street reserved for vehicular use.
Service Connection - Service connections are ail or any portion ofthe conduit, cable, or duct,
including meter, between a utility distribution line and an individual consumer.
Sewer - Any conduit intended for the reception and transfer of sewage and fluid industrial
waste.
Specifications - General Provisions, Standard Specifications, Technical Specifications, Refer-
ence Specifications, Supplemental Provisions, and specifications in Supplemental Agreements
between the Contractor and the Board.
Standard - The shaft or pole used to support street lighting luminaire, traffic signal heads, mast
arms, etc.
Revised 1 /30/13 Contract No. PWS14-38PKS 38 of 125
Standard Plans - Details of standard structures, devices, or instructions referred to on the
Plans or in Specifications by title or number.
Standard Specifications - The Standard Specifications for Public Works Construction
(SSPWC), the "Greenbook".
State - State of California.
Storm Drain - Any conduit and appurtenances intended for the reception and transfer of storm
water.
Street - Any road, highway, parkway, freeway, alley, walk, or way.
Subbase - A layer of specified material of planned thickness between a base and the sub-
grade.
Subcontractor-An individual, firm, or corporation having a direct contract with the Contractor
or with any other Subcontractor for the performance of a part of the Work.
Subgrade - For roadways, that portion ofthe roadbed on which pavement, surfacing, base,
subbase, or a layer of other material is placed. For structures, the soil prepared to support a
structure.
Supervision - Supervision, where used to indicate supervision by the Engineer, shall mean the
performance of obligations, and the exercise of rights, specifically imposed upon and granted to
the Agency in becoming a party to the Contract. Except as specifically stated herein, supervi-
sion by the Agency shall not mean active and direct superintendence of details of the Work.
Supplemental Agreement - A written amendment of the Contract Documents signed by both
parties.
Supplemental Provisions - Additions and revisions to the Standard Specifications setting forth
conditions and requirements peculiar to the work.
Surety - Any individual, firm, or corporation, bound with and for the Contractor for the accepta-
ble performance, execution, and completion of the Work, and for the satisfaction of all obliga-
tions incurred.
Tonne - Also referred to as "metric ton". Represents a unit of measure in the International Sys-
tem of Units equal to 1,000 kilograms.
Utility - Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sew-
ers, or storm drains owned, operated, or maintained in or across a public right of way or private
easement.
Work - That which is proposed to be constructed or done under the Contract or permit, includ-
ing the furnishing of all labor, materials, equipment, and services.
'••^Revised 1/30/13 Contract No. PWS14-38PKS 39 of 125 , ,
1-3 ABBREVIATIONS
1-3.1 General. The abbreviation herein, together with others in general use, are applicable to
these Standard Specifications and to project Plans or other Contract Documents.
All abbreviations and symbols used on Plans for structural steel construction shall conform to
those given by the "Manual of Steel Construction" published by the American Institute of Steel
Construction, Inc.
1-3.2 Common Usage
Abbreviation Word or Words
ABAN Abandon
ABAND Abandoned
ABS Acrylonitrile - butadiene - styrene
AC Asphalt Concrete
ACP Asbestos cement pipe
ACWS Asptialt concrete wearing surface
ALT Alternate
APTS Apartment and Apartments
AMER STD American Standard
AWG American Wire Gage (nonferrous wire)
BC Beginning of curve
BCR Beginning of curb return
BDRY Boundary
BP Bottom of footing
BLDG Building and Buildings
BM Bench mark
BVC Beginning of vertical curve
B/W Back of wall
C/C Center to center
CAB Crushed aggregate base
CAL/OSHA Califomia Occupational Safety and
Health Administration
CalTrans California Department of Transportation
CAP Corrugated aluminum pipe
CB Catch Basin
Cb Curb
CBP Catch Basin Connection Pipe
CBR California Bearing Ratio
CCR California Code of Regulations
CCTV Closed Circuit TV
CES Carlsbad Engineering Standards
CF Curb face
CF Cubic foot
C&G Curb and gutter
CFR Code of Federal Regulations
CFS Cubic Feet per Second
CIP Cast iron pipe
CIPP Cast-in place pipe
CL Clearance, center line
CLF Chain link fence
CMB Crushed miscellaneous base
CMC Cement mortar-coated
CML Cement mortar-lined
CMWD Carlsbad Municipal Water District
CO Cleanout (Sewer)
COL Column
COMM Commercial
CONC Concrete
CONN Connection
CONST Construct, Construction
COORD Coordinate
CSP Corrugated steel pipe
CSD Carlsbad Standard Drawings
CTB Cement treated base
CV Check valve
CY Cubic yard
D Load of pipe
dB Decibels
DBL Double
DF Douglas fir
DIA Diameter
DIP Ductile iron pipe
DL Dead load
DR Dimension Ratio
DT Drain Tile
DWG Drawing
DWY Driveway
DWY APPR Driveway approach
E Electric
EA Each
EC End of curve
ECR End of curb return
EF Each face
EG Edge of gutter
EGL Energy grade line
El Elevation
ELC Electrolier lighting conduit
ELT Extra long ton
ENGR Engineer, Engineering
EP Edge of pavement
ESMT Easement
ETB Emulsion-treated base
EVC End of vertical curb
EWA Encina Wastewater Authority
EXC Excavation
EXP JT Expansion joint
EXST Existing
F Fahrenheit
F&C Frame and cover
F&l Furnish and install
FAB Fabricate
FAS Flashing arrow sign
FD Floor drain
FDN Foundation
Revised 1/30/13 Contract No. PWS14-38PKS 40 of 125
FED SPEC Federal Specification
FG Finished grade
FH Fire hydrant
FL Flow line
FS Finished surface
FT-LB Foot-pound
FTG Footing
FW Face of wall
G Gas
GA Gauge
GAL Gallon and Gallons
GALV Galvanized
GAR Garage and Garages
GIP Galvanized iron pipe
GL Ground line or grade line
GM Gas meter
GNV Ground Not Visible
GP Guy pole
GPM gallons per minute
GR Grade
GRTG Grating
GSP Galvanized steel pipe
H High or height
HB Hose bib
HC House connection
HDWL Headwall
HGL Hydraulic grade line
HORIZ Horizontal
HP Horsepower
HPG High pressure gas
HPS High pressure sodium (Light)
HYDR Hydraulic
IE Invert Elevation
ID Inside diameter
INCL Including
INSP Inspection
INV Invert
IP Iron pipe
JC Junction chamber
JCT Junction
JS Junction structure
JT Joint
L Length
LAB Laboratory
LAT Lateral
LB Pound
LD Local depression
LF Linear foot
LH Lamp hole
LL Live load
LOL Layout line
LONG Longitudinal
LP Lamp post
LPS Low pressure sodium (Light)
LS Lump sum
LTS Lime treated soil
LWD Leucadia Wastewater District
MAI NT Maintenance
MAX Maximum
MCR Middle of curb return
MEAS Measure
MH Manhole, maintenance hole
MIL SPEC Military specification
MISC Miscellaneous
MOD Modified, modify
MON Monument
MSL ..Mean Sea Level (Reg. Standard Drawing M-12)
MTBM Microtunneling Boring Machine
MULT Multiple
MUTCD Manual on Uniform Traffic Control Devices
MVL Mercury vapor light
NCTD North County Transit District
NRCP Nonreinforced concrete pipe
OBS Obsolete
OC On center
OD Outside diameter
OE Outer edge
OHE Overhead Electric
OMWD Olivenhain Municipal Water District
OPP Opposite
ORIG Original
PB Pull box
PC Point of curvature
PCC Portland cement concrete or point
of compound curvature
PCVC Point of compound vertical curve
PE Polyethylene
PI Point of intersection
PL Property line
PMB Processed miscellaneous base
POC Point on curve
POT Point on tangent
PP Power pole
PRC Point of reverse curve
PRVC Point of reverse vertical curve
PSI Pounds per square inch
PT Point of tangency
PVC Polyvinyl chloride
PVMT Pavement
PVT R/W Private right-of-way
Q Rate of flow in cubic feet per second
QUAD Quadrangle, Quadrant
R Radius
R&O Rock and oil
R/W Right-of-way
RA Recycling agent
RAC Recycled asphalt concrete
RAP Reclaimed asphalt pavement
RBAC Rubberized asphalt concrete
RC Reinforced concrete
RCB Reinforced concrete box
RCE Registered civil engineer
RCP Reinforced concrete pipe
RCV Remote control valve
REF Reference
REINF Reinforced or reinforcement
RES Reservoir
RGE Registered geotechnical engineer
ROW Right-of-Way
RR Railroad
RSE Registered structural engineer
RTE Registered traffic engineer
S Sewer or Slope, as applicable
SCCP Steel cylinder concrete pipe
SD Storm drain
SDNR San Diego Northern Railway
SDR Standard thermoplastic pipe dimension ratio
(ratio of pipe O.D. to minimum wall thickness)
SDRSD San Diego Regional Standard Drawings
1^''Revised 1/30/13 Contract No. PWS14-38PKS 41 of 125
SE Sand Equivalent
SEC Section
SF Square foot
SFM Sewer Force Main
SI International System of Units (Metric)
SPEC Specifications
SPPWC Standard Plans for
Public Works Construction
SSPWC Standard Specifications for
Public Works Construction
ST HWY State highway
STA Station
STD Standard
STR Straight
STR GR Straight grade
STRUC Structural/Structure
SW Sidewalk
SWD Sidewalk drain
SY Square yard
T Telephone
TAN Tangent
TC Top of curiD
TEL Telephone
TF Top of footing
TOPO Topography
TR Tract
TRANS Transition
TS Traffic signal or transition structure
TSC Traffic signal conduit
TSS Traffic signal standard
TW Top of wall
TYP Typical
UE Underground Electric
USA Underground Service Alert
VAR Varies, Variable
VB Valve box
VC Vertical curve
VCP Vitrified clay pipe
VERT Vertical
VOL Volume
VWD Vallecitos Water District
W Water, Wider or Width, as applicable
WATCH Work Area Traffic Control Handbook
Wl Wrought iron
WM Water meter
WPJ Weakened plane joint
XCONN Cross connection
XSEC Cross section
1-3.3 Institutions.
Abbreviation Word or Words
AASHTO American Association of State Highway and Transportation Officials
AISC American Institute of Steel Construction
ANSI American National Standards Institute
API American Petroleum Institute
AREA American Railway Engineering Association
ASTM American Society for Testing and Materials
AWPA American Wood Preservers Association
AWS American Welding Society
AWWA American Water Works Association
FHWA Federal Highway Administration
GRI Geosynthetic Research Institute
NEMA National Electrical Manufacturers Association
NOAA National Oceanic and Atmospheric Administration (Dept. of Commerce)
UL Undenwriters' Laboratories Inc.
USGS United States Geological Survey
1-4 UNITS OF MEASURE.
1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal
measurement system in these specifications. However, certain material specifications and test re-
quirements contained herein use SI units specifically and conversions to U.S. Standard Measures
may or may not have been included in these circumstances. When U.S. Standard Measures are not
included in parenthesis, then the SI units shall control. S.I. units and U.S. Standard Measures in pa-
renthesis may or may not be exactly equivalent.
Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more
extensive set of conversion factors.
1 -4.2 Units of Measure and Their Abbreviations.
U.S. Customary Unit (Equal To) SI Unit
(Abbreviations) (Abbreviations)
1 mil (=0.001 in) 25.4 micrometer (fxm)
1 inch (in) 25.4 millimeter (mm)
1 inch (in) 2.54 centimeter (cm)
1 foot (ft) 0.3048 meter (m)
1 yard (yd) 0.9144 meter (m)
1 mile (mi) 1.6093 kilometer (km)
1 square foot (ft^) 0.0929 square meter (m^)
1 square yard (yd^) 0.8361 square meter (m^)
1 cubic foot (ft3) 0.0283 cubic meter (m^)
1 cubic yard (yd^) 0.7646 cubic meter (m^)
1 acre 0.4047 hectare (ha)
1 U.S. gallon (gal) 3.7854 Liter (L)
1 fluid ounce (fl. oz.) 29.5735 millileter (mL)
1 pound mass (Ib) (avoirdupois) 0.4536 kilogram (kg)
1 ounce mass (oz) 0.02835 kilogram (kg)
1 Ton (=2000 Ib avoirdupois) 0.9072 Tonne (= 907 kg)
1 Poise 0.1 pascal second (Pa s)
1 centistoke (cs) 1 square millimeters per
second (mm^/s)
1 pound force (Ibf) 4.4482 Newton (N)
1 pounds per square inch (psi) 6.8948 Kilopascal (kPa)
1 pound force per foot (Ibf/ft) 1.4594 Newton per
meter (N/m)
1 foot-pound force (ft-lbf) 1.3558 Joules (J)
1 foot-pound force per second ([ft-lbf]/s) 1.3558 Watt (W)
1 part per million (ppm) 1 milligram/liter (mg/L)
Temperature Units and Abbreviations
Degree Fahrenheit (T): Degree Celsius (°C):
°F = (1.8 x °C) + 32 "C = (°F - 32)/1.8
SI Units (abbreviation) Commonly Used in Both Systems
1 Ampere (A)
1 Volt (V)
1 Candela (cd)
1 Lumen (Im)
1 second (s)
Common Metric Prefixes
kilo (k) 103
centi (c) IO-2
milli (m) 10-3
micro (n) 10"^
nano (n) 10"^
pico(p) 10-12
Revised 1/30/13 Contract No. PWS14-38PKS 43 of 125
1-5 SYMBOLS
A Delta, the central angle or angle between tangents
Z Angle
% Percent
Feet or minutes
Inches or seconds
^ Number
/ per or (between words)
Degree
PL Property line
CL Centertine
SL Survey line or station line
SECTION 2 - SCOPE AND CONTROL OF WORK
2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as
provided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids.
2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the
Board, except that the Contractor may assign money due or which will accrue to it under the Con-
tract. If given written notice, such assignment will be recognized by the Board to the extent permitted
by law. Any assignment of money shall be subject to all proper withholdings in favor of the Agency
and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall
be subject to being used by the Agency for completion of the Work, should the Contractor be in de-
fault.
2-3 SUBCONTRACTS.
2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including
Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of
this Chapter are included below for information:
The Bidder shall set forth in the Bid, as provided in 4104:
"(a) The name and location of the place of business of each subcontractor who will
perform work or labor or render service to the prime contractor in or about the con-
struction ofthe work or improvements, or a subcontractor licensed by the State of
California who, under subcontract to the prime contractor, specially fabricates and in-
stalls a portion of the work or improvement according to detailed drawings contained
in the plans and specifications, in an amount in excess of one-half of 1 percent of the
prime contractor's total bid, or, in the case of bids or offers for the construction of
streets or highways, including bridges, in excess of one-half of 1 percent ofthe prime
contractor's total bid or ten thousand dollars ($10,000), whichever is greater."
"(b) The portion of the work which will be done by each such subcontractor under this act.
The prime contractor shall list only one subcontractor for each such portion as is defined
by the prime contractor in his bid."
If the Contractor fails to specify a Subcontractor, or specifies more than one Subcontractor for the same portion ofthe work to be performed
under the Contract (in excess of one-half of 1 percent of the Contractor's total Bid), the Contractor shall be qualified to perform that portion
itself, and shall perfonn that portion itself, except as othenwise provided in the Code.
As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as
Subcontractor in place ofthe Subcontractor listed in the original Bid, except for causes and by pro-
cedures established in Section 4107.5. This section provides procedures to correct a clerical error in
the listing of a Subcontractor.
Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the
Contract and the Board may exercise the option either to cancel the Contract or assess the Contrac-
tor a penalty in an amount of not more than 10 percent ofthe subcontract involved, after a public
hearing.
Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 per-
cent of the contract price with its own organization, the Agency may at its sole discretion elect to
cancel the contract or deduct an amount equal to 10 percent ofthe value ofthe work performed in
excess of 50 percent of the contract price by other than the Contractor's own organization. The
Board shall be the sole body for determination of a violation of these provisions. In any proceedings
under this section, the prime contractor shall be entitled to a public hearing before the Board and
^¥ Revised 1 /30/13 Contract No. PWS14-38PKS 45 of 125
shall be notified ten (10) days in advance ofthe time and location of said hearing. The determina-
tion ofthe City Council shall be final.
2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of
the Contract and shall keep the Work under its control.
The Contractor shall perform, with its own organization. Contract work amounting to at least 50 per-
cent ofthe Contract Price except that any designated "Specialty Items" may be performed by sub-
contract, and the amount of any such "Specialty Items" so performed may be deducted from the
Contract Price before computing the amount required to be performed by the Contractor with its own
organization. "Specialty Items" will be identified by the Agency in the Bid or Proposal. Where an en-
tire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price.
When a portion of an item is subcontracted, the value of work subcontracted will be based on the
estimated percentage of the Contract Unit Price. This will be determined from information submitted
by the Contractor, and subject to approval by the Engineer.
Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for ap-
proval a written statement showing the work to be subcontracted giving the name and business of
each Subcontractor and description and value of each portion ofthe work to be so subcontracted.
2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Contrac-
tor, and the Contractor shall be responsible for their work.
2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds
with the Agency to be approved by the Board in the amounts and for the purposes noted below.
Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limita-
tion shown in said circular is sufficient to provide bonds in the amount required by the Contract shall
be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties
shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660 (a).
The Bidder shall pay all bond premiums, costs, and incidentals.
Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and
Surety and the signature of the authorized agent of the Surety shall be notarized.
The Contractor shall provide a faithful perfomnance/warranty bond and payment bond (labor and materials bond) for this contract. The
faithful perfonnance/warranty bond shall be In a sum not less than one hundred percent of the total amount payable by the tenns of this
contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers In a sum not less than one hundred
percent of the total amount payable by the terms of this contract.
Both bonds shall extend in full force and effect and be retained by the Agency during this project un-
til they are released according to the provisions of this section.
The faithful performance/warranty bond will be reduced to 25 percent ofthe original amount 30 days
after recordation of the Notice of Completion and will remain in full force and effect for the one year
warranty period and until all warranty repairs are completed to the satisfaction ofthe Engineer. The
bonds to secure payment of laborers and materials suppliers shall be released six months plus 30
days after recordation ofthe Notice of Completion if all claims have been paid.
All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the
business of insurance in California and whose assets exceed their liabilities in an amount equal to or
in excess of the amount of the bond. The bonds are to contain the following documents:
1) An original, or a certified copy, ofthe un-revoked appointment, power of attorney, by laws, or other
instrument entitling or authorizing the person who executed the bond to do so.
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
If the bid is accepted, the Agency may require a financial statement ofthe assets and liabilities ofthe
insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execu-
tion of the bond. The financial statement shall be made by an officer's certificate as defined in Sec-
tion 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be
verified by the oath of the principal officer or manager residing within the United States.
Should any bond become insufficient, the Contractor shall renew the bond within 10 days after re-
ceiving notice from the Agency.
Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to
that effect. No further payments shall be deemed due or will be made under the contract until a new
Surety shall qualify and be accepted by the Board.
Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release
the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived
by the Surety.
2-5 PLANS AND SPECIFICATIONS.
2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifications,
to which the Engineer shall have access at all times.
The specifications for the work include the General Provisions, project technical specifications,
Carisbad Engineering Standards (CES), Standard Specifications for Public Works Construction,
(SSPWC), Part 2 & 3, and the latest supplements thereto, current edition at the time of bid opening
as published by the "Greenbook" Committee of Public Works Standards, Inc., hereinafter designated
"SSPWC", as amended.
The construction plans consist of illumination summaries, equipment layout and control system sum-
maries. The standard drawings used for this project are the latest edition of the San Diego Area Re-
gional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County De-
partment of Public Works, together with the most recent editions of the City of Cartsbad Engineering
Standards and Cartsbad Standard Drawings, as issued by the City of Carisbad and the Cartsbad
Municipal Water District, hereinafter designated as CES and CSD, respectively Copies of some of
the pertinent standard drawings are enclosed as an appendix to these General Provisions.
The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be comple-
mentary and cooperative. Anything specified in the Specifications and not shown on the Plans, or shown on the Plans and not specified
in the Specifications, shall be as though shown on or specified in both.
The Plans shall be supplemented by such working drawings and shop drawings as are necessary to
adequately control the Work.
The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through
a reasonable examination of the Work site prior to submitting the Bid.
Existing improvements visible at the Work site, for which no specific disposition is made on the
Plans, but which interfere with the completion ofthe Work, shall be removed and disposed of by the
Contractor.
The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immedi-
ately call it to the attention of the Engineer.
2-5.2 Precedence of Contract Documents.
If there is a conflict between Contract Documents, the document highest in precedence shall control.
The precedence shall be the most recent edition ofthe following documents listed in order of highest
to lowest precedence:
\¥ Revised 1 /30/13 Contract No. PWS14-38PKS 47 of 125
1) Permits from other agencies as may be required by law.
2) Change orders, whichever occurs last.
3) Contract addenda, whichever occurs last.
4) Contract.
5) Cartsbad General Provisions, Technical Specifications, and Supplemental Provisions.
6) Plans.
7) Standards plans.
a) City of Cartsbad Standard Drawings.
b) Cartsbad Municipal Water District Standard Drawings.
c) City of Carisbad modifications to the San Diego Area Regional Standard Drawings.
d) San Diego Area Regional Standard Drawings.
e) Traffic Signal Design Guidelines and Standards.
f) State of California Department of Transportation Standard Plans.
g) State of California Department of Transportation Standard Specifications.
h) California Manual on Uniform Traffic Control Devices (CA MUTCD).
8) Standard Specifications for Public Works Construction, as amended.
9) Reference Specifications.
10) Manufacturer's Installation Recommendations
Detail drawings shall take precedence over general drawings.
Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will
take precedence over items 2) through 9) above. Detailed plans and plan views shall have prece-
dence over general plans.
2-5.3 Submittals.
2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required in 2-5.3.2, 2-
5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested by the Engi-
neer.
Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are re-
quired by performed, before the required submittals have been reviewed and accepted by the Engi-
neer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from
responsibility for errors, omissions, or deviations from the Contract Documents, unless such devia-
tions were specifically called to the attention ofthe Engineer in the letter of transmittal. The Contrac-
tor shall be responsible for the correctness of the submittals.
The Contractor shall allow a minimum of 20 working days for review of submittals unless otherwise
specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal.
Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of
the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would
indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of
each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be
accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of Transmittal shall
contain the following:
1) Project title and Agency contract number.
2) Number of complete sets.
3) Contractor's certification statement.
4) Specification section number(s) pertaining to material submitted for review.
5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for
the same materials.)
6) Description of the contents of the submittal.
7) Identification of deviations from the contract documents.
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 ofthe Contract Documents. The Contractor shall subscribe to
and shall place the following certification on all submittals:
"I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed
to be incorporated into this Project, is in compliance with the Contract Documents, can be installed
in the allocated spaces, and is submitted for approval."
By: Title:
Date:
Company Name:
2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the Plans
which are required to be designed by the Contractor. Working drawings shall be of a size and scale
to cleariy show all necessary details.
Six copies and one reproducible shall be submitted. If no revisions are required, three ofthe copies
will be returned to the Contractor. If revisions are required, the Engineer will return one copy along
with the reproducible for resubmission. Upon acceptance, the Engineer will return two ofthe copies
to the Contractor and retain the remaining copies and the reproducible.
Working drawings are required in the following sections:
TABLE 2-5.3.2 (A)
Item Section Number Title Subject
1 7-10.4.1 Safety Orders Trench Shoring
2 207-2.5 Joints Reinforced Concrete Pipe
3 207-8.4 Joints Vitrified Clay Pipe
4 207-10.2.1 General Fabricated Steel Pipe
5 300-3.2 Cofferdams Structure Excavation & Backfill
6 303-1.6.1 General Falsework
7 303-1.7.1 General Placing Reinforcement
8 303-3.1 General Prestressed Concrete Construction
9 304-1.1.1 Shop Drawings Structural Steel
10 304-1.1.2 Falsework Plans Structural Steel
11 304-2.1 General Metal Hand Railings
12 306-2.1 General Jacking Operations
13 306-3.1 General Tunneling Operations
14 306-3.4 Tunnel Supports Tunneling Operations
15 306-6 Remodeling Existing Sewer Facilities Polyethylene Liner Installation
16 306-8 Microtunneling Microtunneling Operations
17 307-4.3 Controller Cabinet Wiring Diagrams Traffic Signal Construction
Working drawings listed above as Items 5, 6, 8, 9, 10, 12, 13, 14 and 16 shall be prepared by a Civil
or Structural Engineer registered by the State of California.
2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assem-
bled products proposed to be incorporated into the Work. Shop drawings required shall be as speci-
fied in the Special Provisions.
^•F Revised 1/30/13 Contract No. PWS14-38PKS 49 of 125 S (z 3
2-5.3.4 Supporting Information. Supporting information is information required by the Specifica-
tions for the purposes of administration of the Contract, analysis for verification of conformance with
the Specifications, the operation and maintenance of a manufactured product or system to be con-
structed as part of the Work, and other information as may be required by the Engineer. Six copies
of the supporting information shall be submitted to the Engineer prior to the start of the Work unless
othenvise specified in the Special Provisions or directed by the Engineer. Supporting information for
systems shall be bound together and include all manufactured items forthe system. If resubmittal is
not required, three copies will be returned to the Contractor. Supporting information shall consist of
the following and is required unless otherwise specified in the Special Provisions:
1) List of Subcontractors per 2-3.2.
2) List of Materials per 4-1.4.
3) Certifications per 4-1.5.
4) Construction Schedule per 6-1.
5) Confined Space Entry Program per 7-10.4.4.
6) Concrete mix designs per 201-1.1.
7) Asphalt concrete mix designs per 203-6.1.
8) Data, including, but not limited to, catalog sheets, manufacturer's brochures, technical bulle-
tins, specifications, diagrams, product samples, and other information necessary to describe a sys-
tem, product or item. This information is required for irrigation systems, street lighting systems, and
traffic signals, and may also be required for any product, manufactured item, or system.
2-5.4 RECORD DRAWINGS. The Contractor shall provide and keep up-to-date a complete "as-
built" record set of blue-line prints, which shall be corrected in red daily and show every change from
the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equip-
ment, underground piping, valves, and all other work not visible at surface grade. Prints for this pur-
pose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and
shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of
completion of the work. Payment for performing the work required by Section 2-5.4 shall be in-
cluded in the various bid items and no additional payment will be made therefore.
2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Con-
tract in a satisfactory manner. Unless othenvise provided, the Contractor shall furnish all materials,
equipment, tools, labor, and incidentals necessary to complete the Work.
2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all matters
affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce com-
pliance with the Plans and Specifications. The Contractor shall promptly comply with instructions
from the Engineer or an authorized representative.
The decision ofthe Engineer is final and binding on all questions relating to: quantities; acceptability
of material, equipment, or work; execution, progress or sequence of work; and interpretation ofthe
Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract,
unless othenvise ordered by the Board.
2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of
all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer
may request.
2-10.2 Audit and Inspection, Contractor agrees to maintain and/or make available, to the Engineer,
within San Diego County, accurate books and accounting records relative to all its activities and to
contractually require all subcontractors to this Contract to do the same. The Engineer shall have the
right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to
this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, au-
dits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and
the staff of all subcontractors to this contract. At any time during normal business hours and as of-
ten as the Engineer may deem necessary, upon reasonable advance notice. Contractor shall make
available to the Engineer for examination, all of its, and all subcontractors to this contract, records
with respect to all matters covered by this Contract and will permit the Engineer to audit, examine,
copy and make excerpts or transcripts from such data and records, and to make audits of all in-
voices, materials, payrolls, records of personnel, and other data relating to all matters covered by
this Contract. However, any such activities shall be carried out in a manner so as to not unreasona-
bly interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this
contract shall maintain such data and records for as long as may be required by applicable laws and
regulations.
2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Contrac-
tor shall notify the Engineer before noon ofthe wori<ing day before inspection is required. Work shall
be done only in the presence ofthe Engineer, unless othenvise authorized. Any work done without
proper inspection will be subject to rejection. The Engineer and any authorized representatives shall
at all times have access to the Wori< during its construction at shops and yards as well as the project
site. The Contractor shall provide every reasonable facility for ascertaining that the materials and
workmanship are in accordance with these specifications. Inspection ofthe Work shall not relieve
the Contractor of the obligation to fulfill ail conditions of the Contract.
Revised 1/30/13 Contract No. PWS14-38PKS 51 of 125 ^ ?
SECTION 3 - CHANGES IN WORK
3-1 CHANGES REQUESTED BY THE CONTRACTOR.
3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor,
which do not materially affect the Work and which are not detrimental to the Work or to the interests
of the Agency, may be granted by the Engineer. Nothing herein shall be construed as granting a
right to the Contractor to demand acceptance of such changes.
3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they
shall be made at a reduction in cost or no additional cost to the Agency.
3-2 CHANGES INITIATED BY THE AGENCY.
3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or quan-
tity of work provided the total arithmetic dollar value of all such changes, both additive and deduc-
tive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this
limitation, the change shall be by written Supplemental Agreement between the Contractor and
Agency, unless both parties agree to proceed with the change by Change Order.
Change Orders shall be in writing and state the dollar value of the change or established method of
payment, any adjustment in contract time of completion, and when negotiated prices are involved,
shall provide for the Contractor's signature indicating acceptance.
3-2.2 Payment
3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit
Price, and such change does not involve substantial change in character of the work from that
shown on the Plans or specified in the Specifications, then an adjustment in payment will be made.
This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price.
If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conform-
ance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment
will be made at the Contract Unit Price. If the actual quantity of said item of work varies from the Bid
quantity by more than 50 percent, payment will be made per Section 3-2.2.2 or 3-2.2.3 as appropri-
ate.
If a change is ordered in an item of work covered by a Contract Unit Price, and such change does
involve a substantial change in the character of the work from that shown on the Plans or specified
in the Specifications, an adjustment in payment will be made per Section 3-2.4.
3-2.2.2 Increases of More Than 50 Percent Should the actual quantity of an item of work covered
by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed
the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 percent ofthe
Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to
by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per
Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed
costs shall be deemed to have been recovered by the Contractor through payment for 150 percent
ofthe Bid quantity at the Contract Unit Price.
3-2.2.3 Decreases of More Than 50 Percent Should the actual quantity of an item of work covered
by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less
than 50 percent ofthe Bid quantity, an adjustment in payment will not be made unless so requested
in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an
adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the
option of the Engineer, on the basis of Extra Work per Section 3-3; however, in no case will payment
be less than would be made for the actual quantity at the Contract Unit Price nor more than would
be made for 50 percent of the Bid quantity at the Contract Unit Price.
3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the
Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor. Stipu-
lated Unit Prices may be used for the adjustment of Contract changes when so specified in the Spe-
cial Provisions.
3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Con-
tract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and
the Agency. If mutual agreement cannot be reached, the Engineer may direct the Contractor to pro-
ceed on the basis of Extra Work in accordance per Section 3-3, except as othenvise specified in
Sections 3-2.2.2 and 3-2.2.3.
3.2.4.1 Schedule of Values. Prior to construction. Contractor shall provide a schedule of values for
all lump sum bid items that shall be used for the purpose of progress payments. The prices shall be
valid for the purpose of change orders to the project.
3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to
the Contractor for its actual costs incurred in connection with the eliminated item prior to notification
in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifi-
cations is ordered by the Contractor for use in the eliminated item prior to the date of notification of
elimination by the Engineer, and if the order for that material cannot be canceled, payment will be
made to the Contractor for the actual cost of the material. In this case, the material shall become the
property of the Agency. Payment will be made to the Contractor for its actual costs for any further
handling. If the material is returnable, the material shall be returned and payment will be made to the
Contractor for the actual cost of charges made by the supplier for returning the material and for han-
dling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work
per Section 3-3.
3-3 EXTRA WORK.
3-3.1 General. New or unforeseen work will be classified as "extra work" when the Engineer de-
termines that it is not covered by Contract Unit Prices or stipulated unit prices.
3-3.2 Payment
3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for
the extra work based on the accumulation of costs as provided herein.
3-3.2.2 Basis for Establishing Costs.
(a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work
at the time the extra work is done, plus employer payments of payroll taxes, wori<ers compensation
insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other
direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required
by lawful collective bargaining agreements.
The use of a labor classification which would increase the extra work cost will not be permitted un-
less the Contractor establishes the necessity for such additional costs. Labor costs for equipment
operators and helpers shall be reported only when such costs are not included in the invoice for
equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and
only that applicable to extra work will be paid.
^•''Revised 1/30/13 Contract No. PWS14-38PKS 53 of 125
Nondirect labor costs, including superintendence, shall be considered part of the markup of Section
3-3.2.3 (a).
(b) Materials. The cost of materials reported shall be at invoice or lowest current price at which
such materials are locally available and delivered to the job site in the quantities involved, plus sales
tax, freight, and delivery.
The Agency reserves the right to approve materials and sources of supply, or to supply materials to
the Contractor if necessary for the progress of the Work. No markup shall be applied to any material
provided by the Agency.
(c) Tool and Equipment Rental. No payment will be made forthe use of tools which have a re-
placement value of $200 or less.
Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental
and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" pub-
lished by 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 ofthe rental rates for determining the value of
costs for delay to the Contractor and subcontractors, if any The labor surcharge rates published
therein are not a part of this contract.
The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary
attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all inciden-
tals. Necessary loading and transportation costs for equipment used on the extra work shall be in-
cluded.
If equipment is used intermittently and, when not in use, could be returned to its rental source at less
expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor
elects to keep it at the Work site, at no expense to the Agency.
All equipment shall be acceptable to the Engineer, in good working condition, and suitable forthe
purpose for which it is to be used. Manufacturer's ratings and approved modifications shall be used
to classify equipment and it shall be powered by a unit of at least the minimum rating recommended
by the manufacturer.
The reported rental time for equipment already at the Work site shall be the duration of its use on the
extra work. This time begins when equipment is first put into actual operation on the extra work, plus
the time required to move it from its previous site and back, or to a closer site.
(d) Other Items. The Agency may authorize other items which may be required on the extra work,
including labor, services, material, and equipment. These items must be different in their nature from
those required for the Work, and be of a type not ordinarily available from the Contractor or Subcon-
tractors.
Invoices covering all such items in detail shall be submitted with the request for payment.
(e) Invoices. Vendors' invoices for material, equipment rental and other expenditures shall be sub-
mitted with the request for payment. If the request for payment is not substantiated by invoices or
other documentation, the Agency may establish the cost of the item involved at the lowest price
which was current at the time of the report.
3-3.2.3 Markup.
(a) Work by Contractor. The following percentages shall be added to the Contractor's costs
and shall constitute the markup for all overhead and profits:
1) Labor 20
2) Materials 15
3) Equipment Rental 15
4) Other Items and Expenditures .. 15
To the sum ofthe costs and markups provided for in this section, 1 percent shall be added as com-
pensation for bonding.
(b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcon-
tractor, the markup established in Section 3-3.2.3(a) shall be applied to the Subcontractor's actual
cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the ex-
tra work and a markup of 5 percent on work added in excess of $5,000 ofthe subcontracted portion
of the extra work may be added by the Contractor
3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the
Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included
are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and
other services and expenditures when authorized. Payment for extra work will not be made until
such time that the Contractor submits completed daily reports and all supporting documents to the
Engineer. Failure to submit the daily report by the close of the next working day may waive any
rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by
the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by
each party to explain points which cannot be resolved immediately. Each party shall retain a signed
copy ofthe report. Reports by Subcontractors or others shall be submitted through the Contractor.
The report shall:
1. Show names of workers, classifications, and hours worked.
2. Describe and list quantities of materials used.
3. Show type of equipment, size, identification number, and hours of operation, including loading
and transportation, if applicable.
4. Describe other services and expenditures in such detail as the Agency may require.
3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the following
Work site conditions (hereinafter called changed conditions), in writing, upon their discovery and be-
fore they are disturbed:
1. Subsurface or latent physical conditions differing materially from those represented in the Con-
tract;
2. Unknown physical conditions of an unusual nature differing materially from those ordinarily
encountered and generally recognized as inherent in work of the character being performed;
and
3. Material differing from that represented in the Contract which the Contractor believes may be
hazardous waste, as defined in Section 25117 ofthe Health and Safety Code, that is required
to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of
existing law.
The Engineer will promptly investigate condifions which appear to be changed condifions. If the Engi-
neer determines that conditions are changed conditions and they will materially affect performance
^¥ Revised 1 /30/13 Contract No. PWS14-38PKS 55 of 125
time, the Contractor, upon submitting a written request, will be granted an extension of time subject to
the provisions of 6-6.
If the Engineer determines that the condifions do not justify an adjustment in compensafion, the Con-
tractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the
Engineer in writing if the Contractor disagrees.
The Contractor's failure to give notice of changed conditions promptly upon their discovery and before
they are disturbed shall constitute a waiver of all claims in connection therewith.
The Contractor shall not be entitled to the payment of any additional compensation for any act, or
failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happen-
ing of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the
Engineer due written notice of potential claim as hereinafter specified. Compliance with this section
shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Account-
ing, nor to any claim that is based on differences in measurement or errors of computation as to con-
tract quantities. The written notice of potential claim for changed conditions shall be submitted by the
Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs
the work giving rise to the potential claim. The Contractor's failure to give written notice of potential
claim for changed conditions to the agency upon their discovery and before they are disturbed shall
constitute a waiver of all claims in connection therewith.
The Contractor shall provide the City with a written document containing a description of the particu-
lar circumstances giving rise to the potential claim, the reasons for which the Contractor believes ad-
ditional compensation may be due and nature of any and ali 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 certificafion relative to the California False Claims Act,
Government Code Sections 12650-12655.
"The undersigned certifies that the above statements are made in full cognizance of the California
False Claims Act, Government Code Sections 12650-12655. The undersigned further understands
and agrees that this potential claim, unless resolved, must be restated as a claim in response to the
City's proposed final estimate in order for it to be further considered."
By: Title:
Date:
Company Name:
The Contractor's estimate of costs may be updated when actual costs are known. The Contractor
shall submit substantiation of its actual costs to the Engineer within 20 working days after the af-
fected work is completed. Failure to do so shall be sufficient cause for denial of any claim subse-
quently filed on the basis of said notice of potential claim.
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 eariiest possible time in order that such
matters be settled, if possible, or other appropriate action promptly taken.
3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim
prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all
claims in connection therewith. If the contractor and the agency are unable to reach agreement on
disputed work, the Agency may direct the contractor to proceed with the work.
Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified
hereinafter, the contractor shall attempt to resolve all disputes informally through the following dis-
pute resolution chain of command:
1. Project Inspector (a.k.a. Parks Inspector)
2. Construcfion Manager (a.k.a. Parks Supervisor)
3. Parks Superintendent
4. Engineer (or Parks and Recreation Director, as Engineer's approved representative)
5. City Manager
The Contractor shall submit a complete report within 20 working days after completion ofthe dis-
puted work stating its position on the claim, the contractual basis forthe claim, along with all docu-
mentation supporting the costs and all other evidentiary materials. At each level of claim or appeal
of claim the City will, within 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 Con-
tractor's presentafion 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 Secfion
20104) which is set forth below:
ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS
20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand
dollars ($375,000) or less which arise between a contractor and a local agency
(2) This article shall not apply to any claims resulting from a contract between a contractor and a
public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1
(commencing with Section 10240) of Chapter 1 of Part 2.
(b) (1) "Public work" has the same meaning as in Secfions 3100 and 3106 of the Civil Code, except
that "public work" does not include any work or improvement contracted for by the state or the Re-
gents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of
money or damages arising from work done by, or on behalf of, the contractor pursuant to the con-
tract for a public work and payment of which is not othenvise expressly provided for or the claimant
is not othenvise 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 othenvise provided by contract for the filing of
claims.
(b) (1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writ-
ing to any written claim within 45 days of receipt ofthe claim, or may request, in writing, within 30
^¥ Revised 1 /30/13 Contract No. PWS14-38PKS 57 of 125
days of receipt ofthe claim, any additional documentation supporting the claim or relating to de-
fenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted to
the claimant within 15 days after receipt of the further documentation or within a period of time no
greater than that taken by the claimant in producing the additional information, whichever is greater.
(c) (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred
seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written
claims within 60 days of receipt ofthe 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 ofthe local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted to the
claimant within 30 days after receipt of the further documentation, or within a period of time no greater
than that taken by the claimant in producing the additional information or requested documentation,
whichever is greater.
(d) If the claimant disputes the local agency's written response, or the local agency fails to respond
within the time prescribed, the claimant may so notify the local agency, in writing, either within 15
days of receipt of the local agency's response or within 15 days of the local agency's failure to re-
spond within the time prescribed, respectively, and demand an informal conference to meet and con-
fer for settlement ofthe issues in dispute. Upon a demand, the local agency shall schedule a meet
and confer conference within 30 days for settlement ofthe 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 ofthe Government Code. For pur-
poses of those provisions, the running ofthe period of fime within which a claim must be filed shall
be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until
the time that claim is denied as a result of the meet and confer process, including any period of time
utilized by the meet and confer process.
(f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed
to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with
Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the
Government Code.
20104.4. The following procedures are established for all civil actions filed to resolve claims subject
to this article:
(a) Within 60 days, but no eariier than 30 days, following the filing or responsive pleadings, the court
shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties.
The mediation process shall provide forthe selection within 15 days by both parties of a disinter-
ested third person as mediator, shall be commenced within 30 days ofthe submittal, and shall be
concluded within 15 days from the commencement ofthe mediation unless a time requirement is ex-
tended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to
select a mediator within the 15-day period, any party may petition the court to appoint the mediator.
(b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitrafion pursuant to
Chapter 2.5 (commencing with Secfion 1141.10) of Title 3 of Part 3 ofthe Code of Civil Procedure,
notwithstanding Secfion 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commenc-
ing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to
any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitra-
fion.
(2) Notwithstanding any other provision of law, upon stipulafion of the parties, arbitrators appointed
for purposes of this article shall be experienced in construction law, and, upon stipulation ofthe par-
ties, mediators and arbitrators shall be paid necessary and reasonable houriy rates of pay not to ex-
ceed their customary rate, and such fees and expenses shall be paid equally by the parties, except
in the case of arbitration where the arbitrator, for good cause, determines a different division. In no
event shall these fees or expenses be paid by state or county funds.
(3) In addifion to Chapter 2.5 (commencing with Secfion 1141.10) Title 3 of Part 3 ofthe Code of
Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does
not obtain a more favorable judgment shall, in addition to payment of costs and fees under that
chapter, pay the attorney's fees of the other party arising out of the trial de novo.
(c) The court may, upon request by any party, order any witnesses to participate in the mediation or
arbitration process.
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed
except as otherwise provided in the contract.
(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on
any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a
court of law.
Although not to be construed as proceeding under extra work provisions, the Contractor shall
keep and furnish records of disputed work in accordance with Section 3-3.
Revised 1/30/13 Contract No. PWS14-38PKS 59 of 125 O ^
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP.
4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be
new, high grade, and free from defects. Quality of work shall be in accordance with the generally
accepted standards. Material and work quality shall be subject to the Engineer's approval.
Materials and work quality not conforming to the requirements of the Specifications shall be consid-
ered defective and will be subject to rejection. Defective work or material, whether in place or not, shall
be removed immediately from the site by the Contractor, at its expense, when so directed by the
Engineer.
If the Contractor fails to replace any defective or damaged work or material after reasonable notice,
the Engineer may cause such wori< or materials to be replaced. The replacement expense will be
deducted from the amount to be paid to the Contractor.
Used or secondhand materials, parts, and equipment may be used only if permitted by the Specifica-
fions.
4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facili-
ties and employ such measures as will preserve the specified quality and fitness of materials to be
used in the Work. Stored materials shall be reasonably accessible for inspection. The Contractor shall
also adequately protect new and existing work and all items of equipment for the duration of the Con-
tract.
The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or re-
move equipment or materials which have been installed or delivered and which may be necessary for
the completion ofthe Contract.
4-1.3 Inspection Requirements.
4-1.3.1 General. Unless othenvise specified, inspection is required at the source for such typical ma-
terials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication,
metal casfing, welding, concrete pipe manufacture, protective coating application, and similar shop or
plant operations.
Steel pipe in sizes less than 18 inches and vitrified clay and cast iron pipe in all sizes are acceptable
upon certification as to compliance with the Specifications, subject to sampling and testing by the
Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures,
etc., are subject to inspection at the job site only. Special items of equipment such as designed elec-
trical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source,
normally only for performance testing. The Specifications may require inspection at the source for
other items not typical of those listed in this section.
The Contractor shall provide the Engineer free and safe access to any and all parts of work at any
time. Such free and safe access shall include means of safe access and egress, ventilafion, lighting,
shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of
California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial
Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply
Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer
fully informed regarding progress and manner of work and character of materials. Inspection or testing
of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor
from any obligation to fulfill this Contract.
4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to purchase
materials, fabricated products, or equipment from sources located more than 50 miles outside the
geographical limits of the Agency, an inspector or accredited tesfing laboratory (approved by the En-
gineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or
process. This approval shall be obtained before producing any material or equipment. The inspector
or representative of the testing laboratory shall judge the materials by the requirements of the Plans
and Specifications. The Contractor shall fonvard reports required by the Engineer. No material or
equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be
done without proper inspection by the approved agent. Approval by said agent shall not relieve the
Contractor of responsibility for complying with the Contract requirements.
4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory ser-
vices within 50 miles of the geographical limits of the Agency. For private contracts, all costs of in-
spection at the source, including salaries and mileage costs, shall be paid by the pemiittee.
4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of
materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall
deliver the materials for testing to the place and at the time designated by the Engineer. Unless oth-
envise provided, all inifial testing will be performed under the direction of the Engineer, and at no
expense to the Contractor. If the Contractor is to provide and pay for tesfing, it will be stated in the
Specifications. For private contracts, the testing expense shall be borne by the permittee.
The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use
materials for which tests are specified, to allow sufficient time to perform the tests. The nofice shall
name the proposed supplier and source of material.
If the notice of intent to use is sent before the materials are available for testing or inspection, or is
sent so far in advance that the materials on hand at the fime will not last but will be replaced by a new
lot prior to use on the Work, it will be the Contractor's responsibility to renotify the Engineer when
samples which are representative may be obtained.
Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced
materials and/or on-site workmanship where the results of such tests meet or exceed the require-
ments indicated in the Standard Specifications, Technical Specification, and any Supplemental Pro-
visions. The cost of all other tests shall be borne by the Contractor.
At the option of the Engineer, the source of supply of each of the materials shall be approved by the
Engineer before the delivery is started. All materials proposed for use may be inspected or tested at
any time during their preparation and use. If, after incorporating such materials into the Work, it is
found that sources of supply that have been approved do not furnish a uniform product, or if the
product from any source proves unacceptable at any time, the Contractor shall furnish approved ma-
terial from other approved sources. If any product proves unacceptable after improper storage, han-
dling or for any other reason it shall be rejected, not incorporated into the work and shall be removed
from the project site all at the Contractor's expense.
Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the re-
quirements of the specifications shall be borne by the Agency Said tests may be made at any place
along the work as deemed necessary by the Engineer. The costs of any retests made necessary by
noncompliance with the specifications shall be borne by the Contractor.
4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifications
and accept the manufacturer's written certification that the materials to be supplied meet those re-
quirements. Material test data may be required as part ofthe certification.
Revised 1/30/13 Contract No. PWS14-38PKS 61 of 125
4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer
an equivalent. The Engineer shall determine whether the material offered is equivalent to that speci-
fied. Adequate time shall be allowed for the Engineer to make this determination.
Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand
name, or by name of manufacturer, such wording is used forthe purpose of facilitating its description
and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be
comprehensive, or in order of preference. The Contractor may offer any material, process, or equip-
ment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as
provided in the contract documents.
The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those
specified. The Contractor shall have the material tested as required by the Engineer to determine that
the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency,
dimensions, sen/ice, and suitability are such that the item will fulfill its intended function.
Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly
to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The
Engineer's findings shall be final. Installation and use of a substitute item shall not be made until
approved by the Engineer.
If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor
shall furnish and install the specified material.
The specified Contract completion time shall not be affected by any circumstance developing from the
provisions of this section.
The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opin-
ion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance,
durability compatibility with associated items, availability of repair parts and suitability of application
the Contractor shall remove the substituted item and replace it with the originally specified item at no
cost to the Agency.
4-1.7 Weighing and Metering Equipment All scales and metering equipment used for proportion-
ing materials shall be inspected for accuracy and certified within the past 12 months by the State of
California Bureau of Weights and Measures, by the County Director or Sealer of Weights and
Measures, or by a scale mechanic registered with or licensed by the County.
The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards
ofthe California Business and Professions Code and the California Code of Regulations pertaining to
weighing devices. A certificate of compliance shall be presented, prior to operation, to the Engineer
for approval and shall be renewed whenever required by the Engineer at no cost to the Agency.
All scales shall be arranged so they may be read easily from the operator's platform or area. They
shall indicate the true net weight without the application of any factor. The figures of the scales shall
be cleariy legible. Scales shall be accurate to within 1 percent when tested with the plant shut down.
Weighing equipment shall be so insulated against vibration or moving of other operating equipment in
the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any
setting nor 1.5 percent for any batch.
4-1.8 Calibration of Testing Equipment Testing equipment, such as, but not limited to pressure
gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain-measur-
ing devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to ex-
ceed 12 months and following repairs, modification, or relocation ofthe equipment. Calibration certifi-
cates shall be provided when requested by the Engineer.
€5
4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and
Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Modified As-
phalts). In the interest of safety and public value, whenever credible evidence arises to contradict
the test values of materials, the Agency and the Contractor will inifiate an immediate and coopera-
tive investigation. Test values of materials are results ofthe materials' tests, as defined by these
Specifications or by the special provisions, required to accept the Wori<. Credible evidence is pro-
cess observations or test values gathered using industry accepted practices. A contradicfion exists
whenever test values or process observations of the same or similar materials are diverse enough
such that the work acceptance or performance becomes suspect. The investigation shall allow ac-
cess to all test results, procedures, and facilities relevant to the disputed work and consider all avail-
able information and, when necessary, gather new and additional informafion in an attempt to deter-
mine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative in-
vesfigation reaches any resolution mechanism acceptable to both the Agency and the Contractor,
the contradiction shall be considered resolved and the cooperative investigation concluded. When-
ever the cooperative invesfigation is unable to reach resolution, the invesfigation may then either
conclude without resolution or continue by written notification of one party to the other requesting the
implementafion of a resolufion process by committee. The continuance ofthe investigation shall be
contingent upon recipient's agreement and acknowledged in writing within 3 calendar days after re-
ceiving a request. Without acknowledgement, the investigation shall conclude without resolution.
The committee shall consist of three State of California Registered Civil Engineers. Within 7 calen-
dar days after the written request notificafion, the Agency and the Contractor will each select one en-
gineer. Within 14 calendar days ofthe written request notification, the two selected engineers will
select a third engineer. The goal in selection of the third member is to complement the professional
experience of the first two engineers. Should the two engineers fail to select the third engineer, the
Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calen-
dar days afterthe written request notification. The first two engineers previously selected shall then
select one of the four proposed engineers in a blind draw. The committee shall be a continuance of
the cooperative invesfigation and will re-consider all available information and if necessary gather
new and additional information to determine the validity, the cause, and if necessary, the remedy to
the contradicfion. The committee will focus upon the performance adequacy of the material(s) using
standard engineering principles and practices and to ensure public value, the committee may pro-
vide engineering recommendations as necessary. Unless othenvise agreed, the committee will have
30 calendar days from its formation to complete their review and submit their findings. The final res-
olufion ofthe committee shall be by majority opinion, in wrifing, stamped and signed. Should the final
resolution not be unanimous, the dissenter may attach a written, stamped, and signed minority opin-
ion. Once started, the resolution process by committee shall continue to full conclusion unless:
1. Within 7 days of the formation of the committee, the Agency and the Contractor reach an ac-
ceptable resolution mechanism; or
2. Within 14 days of the formation of the committee, the initiating party withdraws its written no-
tification and agrees to bear all investigative related costs thus far incurred; or
3. At any point by the mutual agreement of the Agency and the Contractor. Unless othenvise
agreed, the Contractor shall bear and maintain a record for all the investigative costs until
resolution. Should the investigation discover assignable causes forthe contradiction, the as-
signable party, the Agency or the Contractor, shall bear all costs associated with the investi-
gation. Should assignable causes forthe contradiction extended to both parties, the investi-
gation will assign costs cooperatively with each party or when necessary, equally. Should the
investigation substantiate a contradiction without assignable cause, the investigation will as-
sign costs cooperatively with each party or when necessary, equally. Should the investigation
be unable to substantiate a contradiction, the initiator of the investigation shall bear all inves-
tigative costs. All claim notification requirements of the contract pertaining to the contradic-
tion shall be suspended until the investigation is concluded.
Revised 1 /30/13 Contract No. PWS14-38PKS 63 of 125
4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE.
The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quan-
tity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and
dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site
of the work only during worthing hours, as defined in Section 6-7.2, and shall be accompanied by bills
of lading that shall cleariy state for each delivery: the name ofthe 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 cleariy
state the term of the lease, the description of materials allowed to be stored and shall provide for the
removal of the materials and restoration of the storage site within the time allowed for the Work. All
such storage shall conform to all laws and ordinances that may pertain to the materials stored and to
preparation of the storage site and the location of the site on which the materials are stored. Loss,
damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance
to the requirements of this section, both within and outside the limits of work are a part of the Work.
The Engineer shall have the right to verify the suitability of materials and their proper storage at any
time during the Work.
SECTION 5 - UTILITIES
5-1 LOCATION. The Agency and affected ufility companies have, by a search of known records,
endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work.
However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on
the Plans is not guaranteed.
Where underground main distribution conduits such as water, gas, sewer, electric power, telephone,
or cable television are shown on the Plans, the Contractor shall assume that every property parcel will
be served by a service connection for each type of utility.
As provided in Section 4216 of the California Government Code, at least 2 working days prior to com-
mencing any excavation, the Contractor shall contact the regional notificafion center (Underground
Service Alert of Southern California) and obtain an inquiry identification number.
The California Department of Transportation is not required by Section 4216 to become a member of
the regional notification center. The Contractor shall contact it for location of its subsurface installa-
fions.
The Contractor shall determine the location and depth of all utilities, including service connections,
which have been marked by the respective owners and which may affect or be affected by its opera-
tions. If no pay item is provided in the Contract for this work, full compensafion for such wori< shall be
considered as included in the prices bid for other items of work.
5-2 PROTECTION. The Contractor shall not interrupt the sen/ice funcfion or disturb the support of
any ufility without authority from the owner or order from the Agency. All valves, switches, vaults, and
meters shall be maintained readily accessible for emergency shutoff.
Where protection is required to ensure support of utilities located as shown on the Plans or in accord-
ance with Section 5-1, the Contractor shall, unless othenvise provided, furnish and place the neces-
sary protection at its expense.
Upon learning of the existence and location of any utility omitted from or shown incorrectly on the
Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engi-
neer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3.
The Contractor shall immediately notify the Engineer and the ufility owner if any ufility is disturbed or
damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located
as noted in Secfion 5-1.
When placing concrete around or contiguous to any non-metallic utility installafion, the Contractor shall
at its expense:
1. Furnish and install a 2 inch cushion of expansion joint material or other similar resilient material;
or
2. Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular space
between the concrete and the utility; or
3. Provide other acceptable means to prevent embedment in or bonding to the concrete.
Where concrete is used for backfill or for structures which would result in embedment, or partial em-
bedment, of a metallic utility installation; or where the coating, bedding or other cathodic protection
system is exposed or damaged by the Contractor's operations, the Contractor shall notify the Engineer
and arrange to secure the advice of the affected utility owner regarding the procedures required to
maintain or restore the integrity ofthe system.
^¥ Revised 1 /30/13 Contract No. PWS14-38PKS 65 of 125
5-3 REMOVAL. Unless othenvise specified, the Contractor shall remove all interfering portions of
utilities shown on the Plans or indicated in the Bid documents as "abandoned" or "to be abandoned in
place". Before starting removal operations, the Contractor shall ascertain from the Agency whether
the abandonment is complete, and the costs involved in the removal and disposal shall be included in
the Bid forthe items of wori< necessitating such removals.
5-4 RELOCATION. When feasible, the owners responsible for utilities within the area affected by
the Work will complete their necessary installations, relocations, repairs, or replacements before
commencement of work by the Contractor. When the Plans or Specifications indicate that a utility
installation is to be relocated, altered, or constructed by others, the Agency will conduct all negotia-
tions with the owners and work will be done at no cost to the Contractor, except for manhole frame
and cover sets to be brought to grade as provided in the Standard Specifications for Public Works
Construction, 2012 Edition, and the supplements thereto. Utilities which are relocated in order to
avoid interference shall be protected in their position and the cost of such protection shall be in-
cluded in the Bid for the items of work necessitating such relocation.
After award of the Contract, portions of utilities which are found to interfere with the Work will be
relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to
avoid interference. Such changes will be paid for in accordance with Section 3-2.
When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility,
all costs for such work shall be included in the Bid for the items of work necessitating such work!
Temporary or permanent relocation or alteration of utilities requested by the Contractor for its conven-
ience shall be its responsibility and it shall make all arrangements and bear all costs.
The utility owner will relocate service connections as necessary within the limits of the Work or within
temporary construction or slope easements. When directed by the Engineer, the Contractor shall ar-
range for the relocation of service connections as necessary between the meter and property line, or
between a meter and the limits of temporary construction or slope easements. The relocation of such
service connections will be paid for in accordance with provisions of Section 3-3. Payment will include
the restoration of all existing improvements which may be affected thereby. The Contractor may agree
with the owner of any utility to disconnect and reconnect interfering service connections. The Agency
will not be involved in any such agreement.
In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and
companies. Priorto 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 othenvise shown as installed by others. In order to mini-
mize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere
with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily
omit the portion of work affected by the utility If such temporary omission is approved by the Engineer
the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb
and gutter to the satisfaction of the utility agency or company Such temporary omission shall be for
the Contractor's convenience and no additional compensation will be allowed therefore or for addi-
tional work, materials or delay associated with the temporary omission. The portion thus omitted shall
be constructed by the Contractor immediately following the relocation of the utility involved unless
othenvise directed by the Engineer.
5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as it
affects the protection, removal, or relocation of ufilities. Said notification shall be included as a part of
the construction schedule required in Section 6-1. The Contractor shall notify the Engineer in writing
of any subsequent changes in the construction schedule which will affect the time available for pro-
tection, removal, or relocation of utilities.
The Contractor will not be entitled to damages or additional payment for delays attributable to utility
relocations or alterations if correctly located, noted, and completed in accordance with Section 5-1 o
The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably
protracted interference by utilities in performing work correctly shown on the Plans.
The Agency will assume responsibility for the fimely removal, relocation, or protection of existing main
or trunkline ufility facilifies within the area affected by the Work if such ufilities are not identified in the
Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused
by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities.
If the Contractor sustains loss due to delays attributable to interferences, relocations, or alterations
not covered by Section 5-1, which could not have been avoided by the judicious handling offerees,
equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to be
fair and reasonable compensation for such part of the Contractor's actual loss as was unavoidable
and the Contractor may be granted an extension of time.
5-6 COOPERATION. When necessary, the Contractor shall so conduct its operations as to permit
access to the Work site and provide time for utility work to be accomplished during the progress of the
Work.
Revised 1 /30/13 Contract No. PWS14-38PKS 67 of 125
SECTION 6 - PROSECUTION, PROGRESS,
AND ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as othenvise
provided herein and unless othenvise prohibited by permits from other agencies as may be required
by law the Contractor shall begin work within 20 calendar days after receipt of the "Notice to Proceed".
6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set
the time and location forthe Preconstruction Meeting. Attendance ofthe Contractor's management
personnel responsible forthe management, administration, and execution ofthe project is manda-
tory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible
project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per
Section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The
notice to proceed will only be issued on or after the completion ofthe preconstruction meeting.
6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline
Construction Schedule per the submittal requirements of Section 2-5.3. The submittal ofthe Base-
line Construcfion Schedule shall include each item and element of Sections 6-1.2 through 6-1.2.9
and shall be on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic
Media.
6-1.2 Preparation and Review ofthe Baseline Construction Schedule. The Contractor shall pre-
pare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the prece-
dence diagram method (activity-on-node) format. The Baseline Construction Schedule shall depict a
workable plan showing the sequence, duration, and interdependence of all activities required to rep-
resent the complete performance of all project work as well as periods where work is precluded The
Baseline Construction Schedule shall begin with the projected date of issuance of the notice to pro-
ceed and conclude with the date of final completion per the contract duration. The Baseline Con-
strucfion Schedule shall include detail of all project phasing, staging, and sequencing, including all
milestones necessary to define beginning and ending of each phase or stage.
6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare
and submit to the Engineer a chart showing individual tasks and their durations arranged with the
tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing tex-
ture patterns or distinctive line types to show the critical path.
6-1.2.4 Schedule Software. The Contractor shall use commercially available software equal to the
Windows 2000 compatible "Suretrak" program by Primavera or "Project" program by Microsoft Cor-
poration to prepare the Baseline Construction Schedule and all updates thereto. The Contractor
shall submit to the Agency a CD-ROM data disk with all network information contained thereon in a
format readable by a Microsoft Windows 2000 system. The Agency will use a "Suretrak" "Project" or
equal software program for review of the Contractor's schedule. Should the Contractor elect to use
a scheduling program other than the "Suretrak" program by Primavera or "Project" program by Mi-
crosoft Corporation, the Contractor shall provide the Engineer three copies ofthe substituted pro-
gram that are fully licensed to the Agency and 32 class hours of on-site training by the program pub-
lisher for up to eight Agency staff members. The classes shall be presented on Mondays through
Thursdays, inclusive, between the hours of 8:00 a.m. and 5:00 p.m. The on-site training shall be
held at 1635 Faraday Avenue, Carisbad, California. The dates and times ofthe 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 priorto the submittal ofthe first Baseline Construction
Schedule.
o Revised 1/30/13 r;nnfraf~t Mr. D\A/CI/I-JODICO
6-1.2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency sup-
plied materials, equipment, or services, which may impact any activity's construction shall be shown
as a restraint to those activifies. Time periods to accommodate the review and correction of submit-
tals shall be included in the schedule.
6-1.2.8 Late Completion. A Baseline Construcfion Schedule showing a project duration longer than
the specified contract duration will not be acceptable and will be grounds for determination of default
by Contractor, per Section 6-4.
6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor's plan to
support and maintain the project for the entire contractual time span of the project. Should the Con-
tractor propose a project duration shorter than contract duration, a complete Baseline Construction
Schedule must be submitted, reflecting the shorter duration, in complete accordance with all sched-
ule requirements of Section 6-1. The Engineer may choose to accept the Contractor's proposal of a
project duration shorter than the duration specified; provided the Agency is satisfied the shortened
Baseline Construction Schedule is reasonable and the Agency and all other entifies, public and pri-
vate, 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.
6-1.2.10 Engineer's Review. The Construction Schedule is subject to the review of the Engineer.
The Engineer's determinafion 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 afterthe date ofthe preconstruction meeting shall be grounds forterminafion ofthe
contract per Secfion 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 Construcfion
Schedule within 15 working days of submittal. The Baseline Construcfion Schedule will be returned
marked as per Sections 6-1.2.10.1 through 6-1.2.10.3.
6-1.2.10.1 "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 Secfion 6-1.8.1.
6-1.2.10.2 "Accepted with Comments." The Contractor may proceed with the project work upon
issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporafing the
comments prior to receipt of payment per Section 6-1.8.1.
6-1.2.10.3 "Not Accepted." The Contractor must resubmit the schedule incorporating the correc-
tions and changes of the comments prior to receipt of payment per Section 6-1.8.1. The Notice to
Proceed will not be issued by the Engineer if the changes of the comments are not submitted as re-
quired hereinbefore and marked "Accepted" or "Accepted with Comments" by the Engineer. The
Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract
under the provisions of Secfion 6-4 DEFAULT BY CONTRACTOR if the changes ofthe comments
are not submitted as required hereinbefore and marked "Accepted" by the Engineer.
6-1.8 Measurement and Payment of Construction Schedule. The Contractor's preparafion, revi-
sion and maintenance of the Construcfion Schedule are incidental to the work and no separate pay-
ment will be made therefore.
^¥ Revised 1/30/13 Contract No. PWS14-38PKS 69 of 125
6-2 PROSECUTION OF WORK.
To minimize public inconvenience and possible hazard and to restore street and other work areas to
their original condition and state of usefulness as soon as practicable, the Contractor shall diligently
prosecute the Work to completion. If the Engineer determines that the Contractor is failing to prosecute
the Work to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take
steps to remedy the situation. All costs of prosecuting the Work as described herein shall be included
in the Contractor's Bid. Should the Contractor fail to take the necessary steps to fully accomplish said
purposes, after orders ofthe Engineer, the Engineer may suspend the work in whole or part, until the
Contractor takes said steps.
As soon as possible under the provisions of the Specifications, the Contractor shall backfill all exca-
vations and restore to usefulness all improvements existing prior to the start of the Work.
If Work is suspended through no fault of the Agency, all expenses and losses incurred by the Con-
tractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properiy
provide for public safety, traffic, and protection of the Work during periods of suspension, the Agency
may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not
relieve the Contractor from liability.
6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and ma-
terials, and performing all operations necessary to complete the Project Work as shown on the Pro-
ject Plans and as specified in the Specifications. The work includes removal of existing lamps, fix-
tures and wiring/wiring-harnesses, and installation of new lamps, fixtures and wiring/wiring-har-
nesses.
6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project Meet-
ings. The Contractor's Representative shall attend each Project Meeting. The Project Representative
shall be the individual determined under Section 7-6, "The Contractor's Representative". No separate
payment for attendance of the Contractor, the Contractor's Representative or any other employee or
subcontractor or subcontractor's employee at these meetings will be made.
6-3 SUSPENSION OF WORK.
6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineer
that the suspension is necessary in the interest of the Agency. The Contractor shall comply immedi-
ately with any written order ofthe Engineer. Such suspension shall be without liability to the Contractor
on the part of the Agency except as othenvise specified in Section 6-6.3.
6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equip-
ment, to commence the Work within the time specified, to maintain the rate of delivery of material, to
execute the Work in the manner and at such locations as specified, or fails to maintain the Work
schedule which will insure the Agency's interest, or, if the Contractor is not carrying out the intent of
the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful
Performance Bond demanding satisfactory compliance with the Contract.
The Contract may be canceled by the Board without liability for damage, when in the Board's opinion
the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted
any part of the Work without the Board's consent. In the event of such cancellation, the Contractor will
be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity ofthe
Work completed at the time of cancellation, less damages caused to the Agency by acts of the Con-
tractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims
for damages because of cancellation of Contract for any such reason. If the Agency declares the
Contract canceled for any of the above reasons, written notice to that effect shall be served upon the
Surety. The Surety shall, within five (5) days, assume control and perform the Wori< as successor to
the Contractor.
If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects for that
part, and shall be paid by the Agency for all work performed by it in accordance with the Contract. If
the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall
be payable to the Surety as the Work progresses, subject to the terms of the Contract.
If the Surety does not assume control and perform the Work within 5 days after receiving notice of
cancellation, or fails to continue to comply, the Agency may exclude the Surety from the premises.
The Agency may then take possession of all material and equipment and complete the Work by
Agency forces, by letfing the unfinished Work to another Contractor, or by a combination of such
methods. In any event, the cost of completing the Work shall be charged against the Contractor and
its Surety and may be deducted from any money due or becoming due from the Agency. If the sums
due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency
within 5 days after the completion, all costs in excess of the sums due.
The provisions of this section shall be in addition to all other rights and remedies available to the
Agency under law.
6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own discretion
or when conditions encountered during the Work make it impossible or impracticable to proceed, or
when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official
action of a public authority.
6-6 DELAYS AND EXTENSIONS OF TIME.
6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such
delays will entifie the Contractor to an extension of time as provided herein, but the Contractor will not
be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such
unforeseen events may include: war, government regulafions, labor disputes, strikes, fires, floods,
adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or
equipment, required extra work, or other speciflc events as may be further described in the Specifica-
fions.
No extension of fime will be granted for a delay caused by the Contractor's inability to obtain materials
unless the Contractor furnishes to the Engineer documentary proof, the proof must be provided in a
timely manner in accordance with the sequence ofthe Contractor's operafions and the approved con-
struction schedule.
If delays beyond the Contractor's control are caused by events other than those mentioned above, the
Engineer may deem an extension of time to be in the best interests ofthe Agency. The Contractor will
not be entitled to damages or additional payment due to such delays, except as provided in Section
6-6.3.
If delays beyond the Contractor's control are caused solely by action or inaction by the Agency, such
delays will entitle the Contractor to an extension of time as provided in Secfion 6-6.2.
6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays
to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it
can be shown that such delays did or will delay the progress of the Work.
6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages in-
curred due to delays for which the Agency is responsible. Such actual costs will be determined by the
Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any
reasonable means, such as judicious handling of forces, equipment, or plant. The determination of
what damages the Contractor could have avoided will be made by the Engineer.
6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer
^ -y
Revised 1/30/13 Contract No. PWS14-38PKS 71 of 125 ?
within two hours ofthe beginning of any period that the Contractor has placed any workers or equip-
ment on standby for any reason that the Contractor has determined to be caused by the Agency or
by any organization that the Agency may othenvise be obligated by The Contractor shall provide
continuing daily written notice to the Engineer, each working day throughout the duration of such pe-
riod of delay The initial and continuing written notices shall include the classification of each work-
man and supervisor and the make and model of each piece of equipment placed on standby the cu-
mulative duration of the standby the Contractor's opinion of the cause of the delay and a cogent ex-
planation of why the Contractor could not avoid the delay by reasonable means. Should the Con-
tractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has
occurred and that it will not submit any claim(s) therefore.
6-7 TIME OF COMPLETION.
6-7.1 General. The Contractor shall complete the Work within the time set forth in the Contract. The
Contractor shall complete each portion of the Work within such time as set forth in the Contract for
such portion. The time of completion of the Contract shall be expressed in calendar days. The Con-
tractor shall diligently prosecute the work to completion within 45 calendar days after the starting
date specified in the Notice to Proceed.
6-7.2 Working Day. A working day is any day within the period between the start of the Contract
time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the
Engineer for all work provided for in the Contract, whichever occurs first, other than:
1. Saturday,
2. Sunday,
3. any day designated as a holiday by the Agency,
4. any other day designated as a holiday in a Master Labor Agreement entered into by the Con-
tractor or on behalf ofthe Contractor as an eligible member of a contractor association,
5. any day the Contractor is prevented from working at the beginning of the workday for cause
as defined in Secfion 6-6.1,
6. any day the Contractor is prevented from working during the first 5 hours with at least 60 per-
cent ofthe normal work force for cause as defined in Section 6-6.1.
Unless othenvise approved in writing by the Engineer, the hours of work shall be between the hours
of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor
shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours
or at any time during weekends and/or holidays. This written permission must be obtained at least
48 hours prior to such work The Engineer may approve work outside the hours and/or days stated
herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best
interests of the Agency The Contractor shall pay the inspection costs of such work.
6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engi-
neer for acceptance upon receipt of the Contractor's written assertion that the Work has been com-
pleted.
The Engineer will not accept the Work or any portion of the Work before all of the Work is completed
and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is
satisfied that all the materials and workmanship, and all other features of the Work, meet the require-
ments of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions
of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has
been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such
certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance
of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego
County Recorder. The date of recordation shall be the date of completion of the Work.
All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any
faulty work or materials discovered during the warranty period shall be repaired or replaced by the
Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as
a warranty bond for the one year warranty period. The Contractor shall replace or repair any such
defective work in a manner safisfactory to the Engineer, after nofice to do so from the Engineer, and
within the time specified in the notice. If the Contractor fails to make such replacement or repairs within
the fime specified in the notice, the Agency may perform this work and the Contractor's sureties shall
be liable for the cost thereof.
6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the fime al-
lowed will result in damages being sustained by the Agency. For each consecutive calendar day in
excess of the fime specified for completion of Work, as adjusted in accordance with Section 6-6, the
Contractor shall pay the Agency or have withheld monies due it, the sum of One Thousand Dollars
($1000.00). Such sum is liquidated damages and shall not be construed as a penalty, and may be
deducted from payments due the Contractor if such delay occurs.
Execufion of the Contract shall constitute agreement by the Agency and Contractor that One Thou-
sand Dollars ($1000.00) per day is the minimum value of costs and actual damages caused by the
Contractor to complete the Work within the allotted time. Any progress payments made after the spec-
ified completion date shall not constitute a waiver of this paragraph or of any damages.
6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency reserves the right to take
over and utilize all or part of any completed facility or appurtenance. The Contractor will be notified in
writing in advance of such action. Such action by the Agency will relieve the Contractor of responsibility
for injury or damage to said completed portions of the improvement resulting from use by public traffic
or from the action of the elements or from any other cause, except Contractor operafions or negli-
gence. The Contractor will not be required to re-clean such portions of the improvement before field
acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be
construed as relieving the Contractor from full responsibility for correcting defective work or materials.
In the event the Agency exercises its right to place into service and utilize all or part of any completed
facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or
property resulting from the ufilization of the facility or appurtenance so placed into sen/ice, except for
any such injury to persons or property caused by any willful or negligent act or omission by the Con-
tractor, Subcontractor, their officers, employees, or agents.
Revised 1/30/13 Contract No. PWS14-38PKS 73 of 125 't' O
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR
7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain
in good condition all equipment and facilities as required for the proper execution and inspection of
the Work. Such equipment and facilifies shall meet all requirements of applicable ordinances and laws.
7-2 LABOR.
7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who
is found to be incompetent, intemperate, troublesome, disorderty, or othenvise objectionable, or who
fails or refuses to perform work property and acceptably, shall be immediately removed from the Work
by the Contractor and not be reemployed on the Wori<.
7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with applica-
ble provisions ofthe Labor Code and Federal, State, and local laws related to labor.
The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages;
the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimina-
tion because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency
the penalties prescribed in the Labor Code for violations.
7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 ofthe Public
Works Contract.
The cost of this insurance shall be included in the Contractor's Bid.
7-4 WORKERS' COMPENSATION INSURANCE. Before execution of the Contract by the Board,
the Contractor shall file with the Engineer the following signed certification:
"I am aware of the provisions of Section 3700 of the Labor Code which re-
quire every employer to be insured against liability for workers' compensa-
tion or to undertake self-insurance in accordance with the provisions of that
code, and I will comply with such provisions before commencing the perfor-
mance of the work of this contract."
The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and
maintaining in full force and effect for the duration of the contract, complete Workers' Compensation
Insurance, and shall furnish a Certificate of Insurance to the Engineer before execution ofthe Contract.
The Agency, its officers, or employees, will not be responsible for any claims in law or equity occa-
sioned by failure ofthe Contractor to comply with this paragraph.
All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby
it is provided that, in the event of expiration or proposed cancellafion of such policies for any reason
whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or
cancellation is effective.
All insurance is to be placed with insurers that are admitted and authorized to conduct business in the
state of California and are listed in the official publication ofthe Department of Insurance ofthe State
of California. Policies issued by the State Compensation Fund meet the requirement for workers' com-
pensation insurance.
7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contractor
all City of Carisbad encroachment, right-of-way grading and building permits necessary to perform
work for this contract on Agency property streets, or other rights-of-way Contractor shall not begin
work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all
permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be
included in the price bid for the appropriate bid item and no addifional compensation will be allowed
therefore. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its
operations such as, but not limited to, those pemiits required for night work, overioad, blasting, and
demolition. For private contracts, the Contractor shall obtain all permits incidental to the Work or made
necessary by its operations, and pay all costs incurred by the permit requirements.
The Contractor shall pay all business taxes or license fees that are required for the work.
7-6 THE CONTRACTOR'S REPRESENTATIVE. Before starting work, the Contractor shall desig-
nate in writing a representative who shall have complete authority to act for it. An alternative repre-
sentative may be designated as well. The representative or alternate shall be present at the Work site
whenever work is in progress or whenever actions of the elements necessitate its presence to take
measures necessary to protect the Work, persons, or property. Any order or communication given to
this representative shall be deemed delivered to the Contractor. A joint venture shall designate only
one representative and alternate. In the absence ofthe Contractor or its representative, instrucfions
or directions may be given by the Engineer to the superintendent or person in charge of the specific
work to which the order applies. Such order shall be complied with promptly and referred to the Con-
tractor or its representative.
In order to communicate with the Agency, the Contractor's representative, superintendent, or person
in charge of specific work shall be able to speak, read, and write the English language.
7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascer-
taining the nature and extent of any simultaneous, collateral, and essential work by others. The
Agency, its workers and contractors and others, shall have the right to operate within or adjacent to
the Work site during the performance of such work.
The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their
operations and cooperate to minimize interference.
The Contractor shall include in its Bid all costs involved as a result of coordinafing its work with others,
the Contractor will not be entitled to addifional compensation from the Agency for damages resulting
from such simultaneous, collateral, and essenfial work. If necessary to avoid or minimize such damage
or delay, the Contractor shall redeploy its work force to other parts of the Work.
Should the Contractor be delayed by the Agency, and such delay could not have been reasonably
foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect
on the project, and any extension of time.
7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies
during the relocation or construction of their lines. The Contractor may be granted a time extension
if, in the opinion ofthe Engineer, a delay is caused by the utility company No addifional compensa-
tion will be made to the Contractor for any such delay
7-8 PROJECT SITE MAINTENANCE.
7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of
work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish
and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with
water, or other means as necessary. The use of water resulting in mud on public streets will not be
permitted as a substitute for sweeping or other methods.
When required by the Plans or Specifications, the Contractor shall furnish and operate a self-loading
motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved
areas acceptably clean wherever construction, including restoration, is incomplete.
/\
Revised 1 /30/13 Contract No. PWS14-38PKS 75 of 125
Materials and equipment shall be removed from the site as soon as they are no longer necessary.
Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so
as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the
Contractor's Bid.
Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately
and the area cleaned.
Excess excavation material from catch basins or similar structures shall be removed from the site
immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms
and form lumber shall be removed from the site as soon as practicable after stripping.
Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to sus-
pend work until the condition is corrected. No additional compensation will be allowed as a result of
such suspension.
Cleanup and dust control required herein shall also be executed on weekends and other non-working
days when needed to preserve the health safety or welfare ofthe public. The Contractor shall conduct
effective cleanup and dust control throughout the duration ofthe Contract. The Engineer may require
increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve
the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental
to the items of work that they are associated with and no additional payment will be made therefore.
7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air con-
taminants into the atmosphere in such quantity as will violate the regulations of any legally constituted
authority.
7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employ-
ees engaged in the VJork. These accommodations shall be maintained in a neat and sanitary condi-
tion. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public
health and sanitation of dwellings and camps.
Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sewage
shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not
be permitted to flow in trenches or be covered by backfill.
7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to pro-
tect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule opera-
tions so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water
pollution control work shall consist of constructing those facilities which may be required to provide
prevention, control, and abatement of water pollution.
The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Or-
der Number 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit
Number CAS000002, Waste Discharge Requirements (WDR's) for Discharges of Stomiwater Runoff
associated with Construction Activity (General Permit) and subsequent adopted modifications and
with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in
accordance with these regulations.
The Notice of Intent (NOI) shall not be filed for the project.
7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work areas.
Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic concrete,
or other acceptable material will be permitted when necessary. Such dams shall be removed from the
site as soon as their use is no longer necessary.
o
7-8.8 Noise Control. All internal combustion engines used in the construcfion shall be equipped with
mufflers in good repair when in use on the project with special attention to the City Noise Control
Ordinance, Carisbad Municipal Code Chapter 8.48.
7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall
be responsible forthe protecfion of public and private property adjacent to the Work and shall exercise
due caution to avoid damage to such property.
The Contractor shall repair or replace all existing improvements within the right-of-way which are not
designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installations,
pavement, structures, etc.) which are damaged or removed as a result of its operations. When a por-
tion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped.
Repairs and replacements shall be at least equal to existing improvements and shall match them in
finish and dimension.
Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated
shall be done in conformance with 307-1.5.
Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If
damaged or removed due to Contractor's operations, they shall be restored or replaced in as nearty
the original condition and locafion as is reasonably possible. Lawns shall be reseeded and covered
with suitable mulch.
The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit
them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-
of-way which are designated for removal and would be destroyed because of the Work.
The Contractor shall utilize plywood of %" thickness or greater on all artificial turf surfaces for vehicles
or equipment weighing more than (one-half) 1/2 ton G.W. (Gross Weight).
All costs to the Contractor for protecting, removing, and restoring exisfing improvements shall be in-
cluded in the Bid.
7-10 PUBLIC CONVENIENCE AND SAFETY.
7-10.1 Traffic and Access. The Contractor's operations shall cause no unnecessary inconvenience.
The access rights of the public shall be considered at all fimes. Unless othenvise authorized, traffic
shall be permitted to pass through the Work, or an approved detour shall be provided.
Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants;
commercial and industrial establishments; churches, schools and parking lots; service stations and
motels; hospitals; police and fire stations; and establishments of similar nature. Access to these facil-
ities shall be continuous and unobstructed unless othenvise approved by the Engineer.
The Contractor shall include in its Bid all costs forthe above requirements.
7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be
stored in streets, roads, or highways for more than 5 days after unloading. All materials or equipment
not installed or used in construction within 5 days after unloading shall be stored elsewhere by the
Contractor at its expense unless authorized additional storage time.
Construction equipment shall not be stored at the Work site before its actual use on the Work nor for
more than 5 days after it is no longer needed. Time necessary for repair or assembly of equipment
may be authorized by the Engineer.
Revised 1 /30/13 Contract No. PWS14-38PKS 77 of 125
7-10.4 Safety.
7-10.4.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable extracts of
Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued by the
State Division of Industrial Safety. The Contractor shall comply with provisions of these and all other
applicable laws, ordinances, and regulations.
Before excavating any trench 5 feet or more in depth, the Contractor shall submit a detailed plan to
the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for the
workers' protection from the hazard of caving ground during the excavation of such trench. If the plan
vanes from the shoring system standards, the plan shall be prepared by a registered Civil Engineer
No excavation shall start until the Engineer has accepted the plan and the Contractor has obtained a
permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the
Engineer.
Payment for performing all work necessary to provide safety measures shall be included in the prices
bid for other items of work except where separate bid items for excavation safety are provided or
required by law.
7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous sub-
stances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Sec-
tion 5194 ofthe California Code of Regulations shall be requested by the Contractor from the manu-
facturer of any hazardous products used.
Material usage shall be accomplished with strict adherence to California Division of Industrial Safety
requirements and all manufacturer warnings and application instructions listed on the Material Safety
Data Sheet and on the product container label.
The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions.
7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary
precautions forthe 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 properiy maintain at all times, as required by the conditions and progress of the work, all neces-
sary safeguards forthe protection of workers and public, and shall use danger signs warning against
hazards created by such features of construction as protruding nails, hoists, well holes and falling
materials.
7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or
royalties on any patented article or process furnished or used in the Wori<. The Contractor shall in-
demnify and hold the Agency harmless from any legal action that may be brought for infringement of
patents.
7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, archi-
tects, or engineers may be displayed on removable signs. The size and location shall be sut)ject to
the Engineer's approval.
Commercial advertising matter shall not be attached to or painted on the surfaces of buildings fences
canopies, or barricades.
7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and National
laws and County and Municipal ordinances and regulations which in any manner affect those em-
ployed in the Work or the materials used in the Work or in any way affect the conduct of the Work
The Contractor shall at all times observe and comply with such laws, ordinances, and regulations
Municipal ordinances that affect this work include Chapter 11.06. Excavafion and Grading. If this
Revised 1/30/13 r.nntrar-t Mr. P\A/Q1A_'JCDU'C -,r. ^ .
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 Secfion 1603 ofthe Fish and
Game Code, the condifions established pursuant to Secfion 1601 et seq. ofthe Fish and Game Code
shall become conditions of the contract.
7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides:
"In entering into a public works contract or a subcontract to supply goods, services, or materials pur-
suant to a public works contract, the contractor or subcontractor offers and agrees to assign to the
awarding body all rights, title, and interest in and to all causes of action it may have under Section 4
ofthe Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700]
of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, ser-
vices, or materials pursuant to the public works contract or subcontract. The assignment shall be made
and become effective at the time the awarding body tenders final payment to the contractor, without
further acknowledgment of the parties."
\¥ Revised 1 /30/13 Contract No. PWS14-38PKS 79 of 125 «3
SECTION 8 - FACILITIES FOR AGENCY PERSONNEL
8-1 GENERAL. A field office for agency personnel is not required.
SECTION 9 - MEASUREMENT AND PAYMENT
9-1.1 General. Unless othenvise specified, quantities of work shall be determined from measure-
ments or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and fimber
shall be considered as being the true length measured along longitudinal axis.
Unless othenvise provided in Specifications, volumetric quantifies shall be the product of the mean
area of vertical or horizontal sections and the intervening horizontal or vertical dimension. The planim-
eter shall be considered an instrument of precision adapted to measurement of all areas.
9-1.2 Methods of Measurement Materials and items of work which are to be paid for on basis of
measurement shall be measured in accordance with methods stipulated in the particular sections in-
volved.
9-2 LUMP SUM WORK. Items for which quantities are indicated "Lump Sum", "L.S.", or "Job",
shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the
items of work and all work appurtenant thereto.
When required by the Specificafions or requested by the Engineer, the Contractor shall submit to the
Engineer within 15 days after award of Contract, a detailed schedule in triplicate, to be used only as
a basis for determining progress payments on a lump sum contract or designated lump sum bid item.
This schedule shall equal the lump sum bid and shall be in such form and sufficienfiy detailed as to
satisfy the Engineer that it correctly represents a reasonable apportionment ofthe lump sum.
9-3 PAYMENT
9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment to
the Contractor will be made only for actual quantities of Contract items constructed in accordance with
the Plans and Specifications. Upon completion of construction, if the actual quantifies show either an
increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail
subject to the provisions of Secfion 3-2.2.1.
The unit and lump sum prices to be paid shall be full compensation for the items of work and all
appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals.
Payment will not be made for materials wasted or disposed of in a manner not called for under the
Contract. This includes rejected material not unloaded from vehicles, material rejected after it has
been placed, and material placed outside of the Plan lines. No compensation will be allowed for dis-
posing of rejected or excess material.
Payment for work performed or materials furnished under an Assessment Act Contract will be made
as provided in particular proceedings or legislative act under which such contract was awarded.
Whenever any portion of the Work is performed by the Agency at the Contractor's request, the cost
thereof shall be charged against the Contractor, and may be deducted from any amount due or be-
coming due from the Agency.
Whenever immediate action is required to prevent injury, death, or property damage, and precautions
which are the Contractor's responsibility have not been taken and are not reasonably expected to be
taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to
be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any
amount due or becoming due from the Agency. Agency action or inaction under such circumstances
shall not be construed as relieving the Contractor or its Surety from liability.
Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such pay-
ment be construed to be acceptance of any of the Work. Payment shall not be construed as the trans-
fer of ownership of any equipment or materials to the Agency. Responsibility of ownership shall remain
with the Contractor who shall be obligated to store any fully or partially completed work or structure
Revised 1/30/13 Contract No. PWS14-38PKS 81 of 125
for which payment has been made; or replace any materials or equipment required to be provided
under the Contract which may be damaged, lost, stolen or othenvise degraded in any way prior to
acceptance ofthe Work, except as provided in Section 6-10.
Guarantee periods shall not be affected by any payment but shall commence on the date of re-
cordation ofthe "Notice of Completion."
If, within the time fixed by law, a properiy executed notice to stop payment is filed with the Agency,
due to the Contractor's failure to pay for labor or materials used in the Work, all money due for such
labor or materials will be withheld from payment to the Contractor in accordance with applicable laws.
At the expiration of 35 days from the date of acceptance of the Work by the Board, or as prescribed
by law, the amount deducted from the final estimate and retained by the Agency will be paid to the
Contractor except such amounts as are required by law to be withheld by properiy executed and filed
notices to stop payment, or as may be authorized by the Contract to be further retained.
9-3.2 Partial and Final Payment The Engineer will, after award of Contract, establish a closure
date for the purpose of making monthly progress payments. The Contractor may request in writing
that such monthly closure date be changed. The Engineer may approve such request when it is com-
patible with the Agency's payment procedure.
Each month, the Engineer will make an approximate measurement of the work performed to the clo-
sure date as basis for making monthly progress payments. The estimated value will be based on
contract unit prices, completed change order work and as provided for in Secfion 9-2 of these General
Provisions. Progress payments shall be made no later than thirty (30) calendar days after the closure
date. Five (5) working days following the closure date, the Engineer shall complete the detailed pro-
gress pay estimate and submit it to the Contractor for the Contractor's information. Should the Con-
tractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt ofthe
progress estimate, submit a supplemental payment request to the Engineer with adequate justification
supporting the amount of supplemental payment request. Upon receipt of the supplemental payment
request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental
payment request is a proper payment request. If the Engineer determines that the supplemental pay-
ment request is not proper, then the request shall be returned to the Contractor as soon as practicable,
but not later than seven (7) days after receipt. The returned request shall be accompanied by a doc-
ument setting forth in writing the reasons why the supplemental payment request was not proper. In
conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty
(30) days after receipt of an undisputed and properiy submitted supplemental payment request from
the Contractor. If payment ofthe undisputed supplemental payment request is not made within thirty
(30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to
the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure.
From each progress estimate, 10 percent will be deducted and retained by the Agency, and the re-
mainder less the amount of all previous payments will be paid. After 50 percent ofthe Work has been
completed and if progress on the Work is satisfactory, the deduction to be made from remaining pro-
gress estimates and from the final estimate may be limited to $500 or 10 percent of the first half of
total Contract amount, whichever is greater.
No progress payment made to the Contractor or its sureties will constitute a waiver of the liquidated
damages under 6-9.
As provided in Section 22300 of the California Public Contract Code, the Contractor may substitute
securities for any monies withheld by the Agency to ensure performance under the Contract.
After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding
payment. This estimate will be in writing and shall be for the total amount owed the Contractor as
determined by the Engineer and shall be itemized by the contract bid item and change order item
with quantities and payment amounts and shall show all deductions made or to be made for prior
payments and amounts to be deducted under provisions of the contract. All prior estimates and pro-
gress payments shall be subject to correction in the Final Payment Estimate.
The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make
written statement disputing any bid item or change order item quantity or payment amount.
The Contractor shall provide all documentation at the time of submitting the statement supporting its
position. Should the Contractor fail to submit the statement and supporting documentation within the
time specified, the Contractor acknowledges that full and final payment has been made for all con-
tract bid items and change order items.
If the Contractor submits a written statement with documentation in the aforementioned time, the En-
gineer will review the disputed item within 30 calendar days and make any appropriate adjustments
on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will
be subject to resolution as specified in Section 3-5, Disputed Work.
The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to
ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the
Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time
such further informafion and details as may be required by the Engineer to determine the facts or
contentions involved in its claims. Failure to submit such information and details will be sufficient
cause for denying payment for the disputed items.
9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written statement
required in Section 9-3.2 all claims of any dollar amount shall be submitted in a written statement by
the Contractor no later than the date of receipt of the final payment estimate. Those final payment
items disputed in the written statement required in Section 9-3.2 shall be submitted no later than 30
days after receipt of the Final Payment esfimate. 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 Secfions 3-4 Changed Condifions, 3-5 Disputed Work,
6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Ac-
counfing, unless the Contractor has complied with notice or protest requirements.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the
basis and amount of said claims. The Engineer will consider and determine the Contractor's claims
and it will be the responsibility of the Contractor to furnish within a reasonable time such further in-
formation and details as may be required by the Engineer to determine the facts or contentions in-
volved in its claims. Failure to submit such information and details will be sufficient cause for deny-
ing the claims.
Payment for claims shall be processed within 30 calendar days of their resolution for those claims
approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Sec-
tion 3-5, Disputed Work, for those claims remaining in dispute.
9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into
the work will not be included in the progress estimate.
9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will
be included in the various items of work and no other payment will be made.
Revised 1/30/13 Contract No. PWS14-38PKS 83 of 125
SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 2, CONSTRUCTION MATERIALS
SECTION 209 - ELECTRICAL COMPONENTS
209 ELECTRICAL COMPONENTS. Modify as follows: Section 209, "Signals, Lighting and Traffic
Electrical Systems", herein, shall replace Section 209, "Electrical Components", of the SSPWC in all
matters pertaining to the specifications for measurement, payment, warranty, and materials and meth-
ods of construction for all elements of street lighfing and traffic signals. For electrical components
provided and installed in systems not including street lighting and traffic signals section 209 SSPWC
is unmodified except as specified in sections other than section 209, "Signals, Lighfing and Electrical
Systems", herein. For section 209, "Signals, Lighfing and Trafllc Electrical Systems", for all elements
of street lighting and traffic signals both construction materials and construction methods have been
combined into a single section.
SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 3, CONSTRUCTION METHODS
SECTION 300 - EARTHWORK
300-9 GEOTEXTILES FOR EROSION CONTROL. Modify as follows: 300-9 GEOTEXTILES FOR
EROSION CONTROL AND WATER POLLUTION CONTROL.
Add the following section:
300-9.2 General. The Contractor shall provide erosion control and water pollution control conform-
ing to the requirements shown on the plans, as specified herein, and as elsewhere required by the
Contract Documents. Erosion control and water pollution control shall include the work specified
herein, and such additional measures, as may be directed by the Engineer, to meet Best Manage-
ment Practices, as defined herein, and to properiy control erosion and storm water damage ofthe
limits of work and construction impacts upon areas receiving drainage flows from within the limits of
work.
Add the following section:
300-9.2.1 Grading Controls. The Contractor shall protect all areas that have been graded and/or
cleared and grubbed as well as areas that have not been graded and/or cleared and grubbed within
the limits of work from erosion. The Contractor shall provide temporary earth berms, gravel bags,
silt fences, stabilized construction entrances and similar measures, coordinated with its construction
procedures, as necessary and as shown on the plans to control on site and off site erosion during
the construction period. The Contractor will be required to protect areas which have been cleared
and grubbed priorto excavation or embankment operations, and which are subject to runoff during
the duration ofthe contract. The criteria used to determine the appropriate erosion control
measures shall be the "Best Management Practices", hereinafter BMP, defined and described in the,
"Stormwater Best Management Practices Handbook, Construction", January 2003 edition as pub-
lished by the California Stormwater Quality Association. The Contractor shall maintain a copy ofthe
"Stormwater Best Management Practices Handbook, Construction", January 2003 edition on the pro-
ject site and shall conduct its operations in conformity to said Handbook.
Temporary erosion control measures provided by the Contractor shall include, but not be limited to,
the following:
a) Embankment areas, while being brought up to grade and during periods of completion prior to final
roadbed construction, shall be graded so as to direct runoff into impoundment areas within the
limits of work where such runoff shall have pollutants removed by BMP methods .
b) The Contractor shall provide protection by BMP measures to eliminate erosion and the siltation of
downstream facilities and adjacent areas. These measures shall include, but shall not be limited
to: temporary down drains, either in the form of pipes or paved ditches with protected outfall berms;
graded berms around areas to eliminate erosion of embankment slopes by surface runoff; confined
ponding areas to desilt runoff; and to desilt runoff.
c) Excavation areas, while being brought to grade, shall be protected from erosion and the resulfing
siltation of downstream facilities and adjacent areas by the use of BMP measures. These measures
shall include, but shall not be limited to, methods shown on the plans and described herein.
Add the following section:
300-9.2.2 Payment Full compensation for performing erosion control and water pollution control, con-
forming to the operational requirements herein, ofthe BMP and conforming to the requirements ofthe
Federal Water Pollution Control Act, including the latest amendments thereto, which is not a part of
the planned permanent work or included as a separate bid item shall be considered as included in the
contract price bid for unclassified excavation, and no additional compensafion will be allowed there-
fore.
Revised 1/30/13 Contract No. PWS14-38PKS 85 of 125
APPENDIX A
SUPLEMENTAL PROVISIONS
FOR
CALAVERA HILLS AND STAGECOACH COMMUNITY PARKS
ATHLETIC FIELDS LIGHTING RETROFITS
CONTRACT NO. PWS14-38PKS
TECHNICAL SPECIFICATIONS / SPECIAL CONSTRUCTION
PROVISIONS
SECTION 1 - SUBMITTALS
1.01 Description
This Section covers requirements for submittals and forms a part of all other Sections in
which submittals are specified or required.
A. Submittal Reouirements Included in this Section
1. Contractor's Construction Schedule
2. Shop Drawings
3. Material Samples, Including Color Samples for Paint, Roofing Materials etc.
4. Operation and Maintenance Manuals
5. Requests for Substitutions or Equals
6. Record Drawings
1.02 Progress Schedule
A. Within thirty (30) days of Notice of Award, Contractor shall submit a Construction
Schedule for construction progress control, prepared on 11 inch x 17 inch charts. All
construction activities and procurement shall be indicated in a time scaled format and
a calendar shall be shown on all sheets along the entire sheet length. Each activity
arrow or node shall be plotted so that the beginning and ending dates of said activity
can be determined graphically by comparison with the calendar scale.
B. The duration estimate indicated for each activity shall be computed in working days
and shall be shown on the construction schedule in calendar days. It shall represent
the single best estimate considering the scope of the work and resources planned for
the activity. Except for certain non-labor activities, such as curing concrete or delivering
materials, activity duration shall not exceed ten (10) working days (fourteen (14)
calendar days), nor be less than one (1) working day unless othenvise accepted by
Owner.
Contractor shall modify any portions of the construction schedule that become
infeasible due to activities behind schedule or for any other valid reason. Any activity
that cannot be completed by its original latest completion date shall be deemed to be
behind schedule.
1.03 Shop Drawing Submittal
Q
Revised 1/30/13 rnntrar^ Mr, D\A/C1>1 •JQDU'O nn r.^.- •*
A. Unless othenvise specified in the Contract Documents, Contractor shall furnish for all
equipment and materials to be furnished and installed for the project at least six (6)
copies of each shop drawing for Owner's review and approval. Four (4) copies will be
retained for Owner's use, and two (2) copies will be returned to Contractor. The term
"Shop Drawings" as used herein shall be understood to include all data covering all
equipment, equipment components, fabricated materials, and furnished materials.
Data shall include, but shall not be limited to, design calculations, equipment drawings,
fabrication and installafion drawings, erection drawings, mix designs, operating
instructions, catalog sheets, data sheets, lists, graphs, and similar items. Data shall
demonstrate compliance with the Contract Documents.
Contractor shall submit shop drawings in a timely manner. Contractor shall allow a
reasonable period for Owner's review and approval of shop drawings. Contractor shall
be responsible for any project delays resulting from late submittal of initial shop
drawings or re-submittal of corrected or revised shop drawings.
B. Method of Submittal
Contractor shall deliver shop drawings submittals by means of dated, signed, and
sequence numbered transmittals on Contractor's letterhead. Contractor shall cleariy
describe the submittal contents, identifying whether inifial or subsequent submittals and
stating the drawing numbers and specification sections, articles, and paragraphs to
which the shop drawings pertain. All data sheets, catalog cuts, or drawings showing
more than the particular item under consideration shall be marked to delete all but the
applicable information. Contractor shall comply with Section 2-5.3.3 of the Special
Provisions for acceptable form of Submittals.
C. Deviations or Exceptions from Contract Documents
Where proposed equipment or materials, equipment components, equipment func-
tions, or equipment operations deviate from the specifications and whenever excep-
tions to the specifications are taken, it shall be cleariy noted on the shop drawing sub-
mittals. Deviations shall include references to the specific secfions, parts, and para-
graphs or drawing numbers and notes for which the deviations or exceptions are made.
D. Contractor's Review
All shop drawing submittals shall be carefully reviewed by Contractor prior to
submission to Owner. Contractor shall indicate by a signed and dated stamp on the
submittal that Contractor has checked the shop drawings as being correct and in strict
conformance with the Contract Documents. Shop drawings not so reviewed by
Contractor may be returned without acfion taken by Owner, and any delays caused
thereby shall be the responsibility of the Contractor.
E. Owner's Review
1. Owner's review of the shop drawings submitted by Contractor will cover only
general conformity to the Contract Documents. The review of shop drawings
shall not relieve Contractor of full responsibility for any deviation from the
requirements of the Contract Documents. As specified above, deviations or
exceptions to the Contract Documents shall be cleariy indicated on the shop
drawings. Contractor shall be responsible for any errors or omissions in the
shop drawings or for the accuracy of dimensions, quantifies, and the design of
adequate connections and details.
2. Unless specified elsewhere. Owner will return two (2) sets of shop drawing
submittals to Contractor with his comments noted thereon, within fifteen (15)
working days following their receipt by Owner. It is expected that Contractor
shall prepare his submittals in such a manner that he is able to obtain a
complete and acceptable submittal by the second submission. Owner reserves
/%
^¥ Revised 1 /30/13 Contract No. PWS14-38PKS 87 of 125
the right to deduct monies from the amounts due to Contractor to cover the cost
ofthe Owner's review beyond the second submission.
F. Corrections and Resubmittals
Contractor shall make all required corrections and shall resubmit the required number
of corrected shop drawings until found in general conformance with the Contract
Documents and design concept of the project. No work that requires shop drawing
submittals shall be purchased or commenced until the pertinent shop drawings have
been submitted, reviewed, and approved.
1.04 Material Samples Submitted
A. General
Whenever in the Contract Documents material samples are required. Contractor shall
submit to Owner not less than two (2) samples of each such item for review and
approval, ali at no additional cost to Owner. Upon receiving approval by Owner, one
(1) set ofthe samples will be stamped and dated by Owner and returned to Contractor,
and one (1) set of samples shall remain at the job site until completion of the work.
yLjS • ••'\:
SECTION 2 - STAGECOACH COMMUNITY PARK
PART 1 - GENERAL
1.1 SUMMARY
A. Work covered by this section of the specifications shall conform to the contract documents,
engineering plans, as well as state and local codes.
B. The purpose of these specificafions is to define the performance and design standards for
the Stagecoach Community Park athletic fields lighting retrofit. The manufacturer / contractor
shall supply lighting equipment to meet or exceed the standards set forth in these specifica-
fions.
C. The sports lighting will be for the following fields:
1. Baseball Field 1 - 288'/285'/280'
2. Baseball Field 2 - 279'/379'/300'
3. Baseball Field 3 - 300'/300'/314'
4. Soccer Field 2 Overtay
5. Soccer Field 3 Overiay
D. The primary goals of this sports lighting project are:
1. Guaranteed Light Levels: Selection of appropriate light levels impact the safety of the
players and the enjoyment of spectators. Therefore light levels are guaranteed for a pe-
riod of 10 years.
2. Environmental Light Control: It is the primary goal of this project to minimize spill light and
glare.
3. Life-cycle Cost: In order to reduce the operating budget, the preferred lighting system
shall be energy efficient and cost effective to operate. All maintenance costs shall be
eliminated, and the field(s) should be proactively monitored to detect luminaire outages
over a 10 year life-cycle.
4. Control and Monitoring: To allow for optimized use of labor resources and to avoid un-
needed/unauthorized operation of the facility. Owner requires a remote on/off control sys-
tem forthe lighting system. Field(s) should be proactively monitored to detect luminaire
outages over a 10 year life-cycle.
1.2 LIGHTING PERFORMANCE
A. Performance Requirements: Playing surfaces shall be lit to an average constant light level
and uniformity as specified in the chart below. Light levels shall be held constant for 10
years. Lighting calculations shall be developed and field measurements taken on the grid
spacing with the minimum number of grid points specified below. Average illumination
level shall be measured in accordance with the lESNA LM-5-04. Light levels shall be guar-
anteed from the first 100 hours of operation forthe maximum warranty period.
Revised 1/30/13 Contract No. PWS14-38PKS 89 of 125
B.
Area of Lighting
Average Tar-
get Light Lev-
els
Maxi to Min
Uniformity Ra-
tio
Grid
Points
Grid
Spacing
Baseball Field 1
Infield
Outfield
50 Footcan-
dles
30 Footcan-
dles
2:1
2.5:1
25
160
20' X 20'
20' X 20'
Baseball Field 2
Infield
Outfield
50 Footcan-
dles
30 Footcan-
dles
2:1
2.5:1
25
192
20' X 20'
20' X 20'
Baseball Field 3
Infield
Outfield
50 Footcan-
dles
30 Footcan-
dles
2:1
2.5:1
25
183
20' X 20'
20' X 20'
Soccer Field 2
Overtay 30 Footcan-
dles 3.5:1 50 30' X 30'
Soccer Field 3
Overiay 30 Footcan-
dles 2.5:1 50 30' X 30'
1. Lumen maintenance control strategy: A constant light system shall use automatic
power adjustments to achieve a lumen maintenance control strategy as described in
the lESNA Lighfing Handbook 10th Edition, Lighfing Controls Secfion, page 16-8: "Lu-
men maintenance involves adjusting lamp output over time to maintain constant light
output as lamps age, and dirt accumulation reduces luminaire output. With lumen
maintenance control, either lamps are dimmed when new, or the lamp's current is in-
creased as the system ages."
2. Independent Test Report: Contractor bidding any form of a constant light system must
provide an independent test report certifying the system meets the lumen maintenance
control strategy above and verifying the field performance ofthe system forthe duration
of the useful life of the lamp based on lamp replacement hours. Report shall be signed
by a licensed professional engineer with outdoor lighting experience.
3. Project References: Contractor must provide a minimum of three (3) project references
within the state of California that have been completed within the last calendar year,
and of similar size and scope as specified herein. Contractor will include project name
project city, and contact name and contact phone number for each reference.
Mounting Heights: To ensure proper aiming angles for reduced glare and to provide better
playabihty, the pole mounting heights from the playing field surface shall be as noted below
and per plans.
# of-Poles Calaloii #
6 A1-A6 (3) new 1500W luminaires
per existing 50' pole
4 B1-B2
C3-C4
(6) new 1500W luminaires
per existing 70' pole
4 B3-B6 (7) new 1500W luminaires
per existing 70' pole
4 C1-C2 (5) new 1500W luminaires
'^Revised 1/30/13 Contract No. PW.S14-:^8PK.<?
C5-C6 per existing 70' pole •
1.3 LIFE-CYCLE COSTS
A. Energy Consumption: The average kW consumption for the field lighting system shall be
43.79 or less for Baseball Field 1, 50.05 or less for Baseball Field 2, 46.92 or less for
Baseball Field 3, 50.05 or less for Field 2 Overiay, and 46.92 or less for Field 3 Overiay.
B. Complete Lamp Replacement: Manufacturer shall include all group lamp replacements
required to provide 10 years of operation based upon 600 usage hours per year.
0. Preventative and Spot Maintenance: Manufacturer shall provide all preventative and spot
maintenance, including parts and labor for 10 years from the date of equipment shipment.
Individual lamp outages shall be repaired when the usage of any field is materially im-
pacted. Owner agrees to check fuses in the event of a luminaire outage.
D. Remote Monitoring System: System shall monitor lighfing performance, including on/off
status, hours of usage and lamp outages. If luminaire outages that affect playability are
detected, manufacturer shall contact owner so that maintenance can be proactively sched-
uled. The controller shall determine switch position (Manual or Auto) and contactor status
(open or closed).
E. Remote Lighting Control System: System shall allow owner and users with a security
code to schedule on/off system operation via a web site, phone, fax or email up to ten
years in advance. Manufacturer shall provide and maintain a two-way TCP/IP communi-
cation link. Trained staff shall be available 24/7 to provide scheduling support and assist
with reporting needs.
The owner may assign various security levels to schedulers by funcfion and/or fields. This
function must be flexible to allow a range of privileges such as full scheduling capabilities
for all fields, to only having permission to execute "earty off' commands by phone.
Controller shall accept and store 7-day schedules, be protected against memory loss dur-
ing power outages, and shall reboot once power is regained and execute any commands
that would have occurred during outage.
F. Management Tools: Manufacturer shall provide a web-based database of actual field us-
age and provide reports by facility and user group.
Hours of Usage: Manufacturer shall provide a means of tracking actual hours of usage for
the field lighting system that is readily accessible to the owner.
1. Cumulative hours: shall be tracked to show the total hours used by the facility
2. Current lamp hours: shall be tracked separately to refiect the amount of hours on the
current set of lamps being used, so relamping can be scheduled accurately
Communication Costs: Manufacturer shall include communication costs for operating the
control and monitoring systems for a period of 10 years.
10-Year Life-cycle Cost: Contractor shall submit 10-year life-cycle cost calculations as
follows.
G.
H.
a.
Luminaire energy consumption
# luminaires X IcW demand per luminaire x $. 13 I^Wh rate x 600 annual usage hours
X 10 years
b. Cost for spot relamping and maintenance over 10 years
Assume 7.5 repairs at $500 eacli if not included with the bid
+
c.
Cost to relamp all luminaires during 10 years
600 annual usage hours x 10 years / 2,100 hours x $125 lamp & labor x # luminaires
if not included with the bid
+
TOTAL 10-Year Life-cycle Operating Cost =
Revised 1/30/13 Contract No. PWS14-38PKS 91 of 125
1.4 WARRANTY AND GUARANTEE
10-Year Warranty: Each manufacturer shall supply a signed warranty covering the entire system for 10
years OR for the maximum hours of coverage based on the estimated annual usage, whichever occurs
first Warranty shall guarantee light levels; lamp replacements; system energy consumption; monitoring,
maintenance and control sen/ices, spill light control, and structural integrity. Manufacturer shall maintairi
specifically-funded financial reserves to assure fulfillment of the warranty for the full term. Warranty may
exclude fuses, storm damage, vandalism, abuse and unauthorized repairs or alterations. Group lamp
replacements for constant light systems must occur in accordance with the independent test report pro-
vided by the manufacturer; lighting method 2 systems must relamp every 3,000 hours.
1.5 DELIVERY TIMING
Equipment On-Site: The equipment must be on-site within 4 to 6 weeks from receipt of approved sub-
mittals and receipt of complete order information.
1.6 BID SUBMITTAL REQUIREMENTS
A. Product: Musco's Green Generation Lighting® sports lighting system or approved equal.
All contractors must provide a complete submittal package for approval as outlined in the
Required Submittal Information Checklist at the end of this section. Special manufacturing
to meet the standards of this specification may be required.
Design Approval: The owner / engineer will review submittals to ensure compliance to the
specification.
B.
1.7 ALTERNATE SYSTEM REQUIREMENTS
A. Compliance to Specifications: Acceptance of a bid alternate does not negate the contrac-
tor's and lighting manufacturer's responsibility to comply fully with the requirements of
these specifications. Any exceptions to the specifications must be cleariy stated in the
submittal documents.
Light Level Requirements: Manufacturer shall provide computer models guaranteeing light
levels on the field over 10 years. If a constant light level cannot be provided, the specified
maximum Recoverable Light Loss Factor and maintenance/group relamping schedule
shall be provided in accordance with recommendations in the Pennsylvania State Univer-
sity report "Empirical Light Loss Factors for Sports Lighting", presented at the 2009 lESNA
Annual Conference.
B.
Lamp Replace-
ment Interval
(hours)
Recoverable Light
Loss Factor (RLLF)
2,100 0.69
Scans for both initial and maintained light levels are required.
Area of Lighting Average Initial
Light Levels
Average Tar-
get Light Lev-
els
Max to Min
Uniformity
Ratio
Grid
Points
Grid
Spacing
Baseball Field
1
Infield
Outfield
72.4 Footcan-
dles
43.4 Footcan-
dles
50 Footcan-
dles
30 Footcan-
dles
2:1
2.5:1
25
160
20' X 20'
20' X 20'
Baseball Field
2
Infield
Outfield
72.4 Footcan-
dles
43.4 Footcan-
dles
50 Footcan-
dles
30 Footcan-
dles
2:1
2.5:1
25
192
20' X 20'
20' X 20'
Baseball Field
3
Infield
Outfield
72.4 Footcan-
dles
43.4 Footcan-
dles
50 Footcan-
dles
30 Footcan-
dles
2:1
2.5:1
25
183
20' X 20'
20' X 20'
Soccer Field 2
Overtay 43.4 Footcan-
dles
30 Footcan-
dles 3.5:1 50 30' X 30'
Soccer Field 3
Overtay 43.4 Footcan-
dles
30 Footcan-
dles 2.5:1 50 30' X 30'
C. Revised Electrical Distribution: Contractor shall provide revised electrical distribution plans
to include changes to sen/ice entrance, panel, and wire sizing.
PART 2 - PRODUCT
2.1 LIGHTING SYSTEM CONSTRUCTION
A. System Description: Lighting system shall consist of the following:
1. Galvanized cross-arm assembly for attachment to existing steel structures.
2. All luminaires shall be constructed with a die-cast aluminum housing or external hail
shroud to protect the luminaire reflector system.
3. All luminaires, visors, and cross-arm assemblies shall withstand 150 mph winds and
maintain luminaire aiming alignment.
4. Manufacturer will remote all ballasts and supporting electrical equipment in aluminum
enclosures mounted on pole approximately 10' above grade. The enclosures shall be
touch-safe, and include ballast, capacitor and fusing, with indicator lights on fuses to
indicate when a fuse is to be replaced for each luminaire. Safety disconnect per circuit
for each pole structure will be located in the enclosure.
5. Wire harness complete with an abrasion protection sleeve and strain relief to base of
poles.
6. Control and Monitoring Cabinet (NEMA Type 4) to provide on-off control and monitoring
of the lighting system, constructed of aluminum. Communication method shall be pro-
vided by manufacturer. Cabinet shall contain custom configured contactor modules for
30, 60, and 100 amps, labeled to match field diagrams and electrical design. Manual
off-on-auto selector switches shall be provided.
B. Manufacturing Requirements: All components shall be designed and manufactured as a
system. All luminaires, wire harnesses, ballast and other enclosures shall be factory as-
sembled, aimed, wired and tested.
C. Durability: All exposed components shall be constructed of corrosion resistant material
and/or coated to help prevent corrosion. All exposed carbon steel shall be hot dip galva-
nized per ASTM A123. All exposed aluminum shall be powder coated with high perfor-
mance polyester or anodlzed. All exterior reflective inserts shall be anodlzed, coated, and
protected from direct environmental exposure to prevent reflective degradation or corro-
sion. All exposed hardware and fasteners shall be stainless steel of 18-8 grade or better,
passivated and coated with aluminum-based thermosetfing epoxy resin for protection
against corrosion and stress corrosion cracking. Structural fasteners may be carbon steel
and galvanized meefing ASTM A153 and ISO/EN 1461 (for hot dipped galvanizing), or
ASTM B695 (for mechanical galvanizing). All wiring shall be enclosed within the
crossarms, pole, conduit, or electrical components enclosure.
Revised 1/30/13 Contract No. PWS14-38PKS 93 of 125
E.
F.
Enhanced corrosion protection package: Due to the potentially corrosive environment for
this project, manufacturers must provide documentation that their products meet the fol-
lowing enhanced requirements in addition to the standard durability protection specified
above:
• Exposed carbon steel horizontal surfaces on the crossarm assembly shall be gal-
vanized to a five (5) mil minimum average thickness.
• Exposed die cast aluminum components shall be Type II anodlzed per MIL-STD-
8625 and coated with high performance polyester.
• Exposed extruded aluminum components shall be Type II anodlzed per MIL-STD-
8625 and coated with high performance polyester.
Lightning Protection: All structures shall be equipped with lightning protection meeting
NFPA 780 standards. Contractor shall supply and install a grounding electrode of not less
than 5/8 inch diameter and 8 feet long, with a minimum of 10 feet embedment. Grounding
electrode shall be connected to the structure by a grounding electrode conductor with a
minimum size of 2 AWG for poles with 75 feet mounting height or less, and 2/0 AWG for
poles with more than 75 feet mounting height.
Safety: All system components shall be UL Listed forthe appropriate application.
Electric Power Requirements forthe Sports Lighting Equipment:
1. Electric power: 277 Volt, 1 Phase
2. Maximum total voltage drop: Voltage drop to the disconnect switch located on the poles
shall not exceed three (3) percent of the rated voltage.
PART 3 - EXECUTION
3.1 FIELD QUALITY CONTROL
A. Illumination Measurements: Upon substantial completion of the project and in the presence
of the Contractor, Project Engineer, Owner's Representative, and Manufacturer's Repre-
sentative, illumination measurements shall be taken and verified. The illumination meas-
urements shall be conducted in accordance with lESNA LM-5-04.
B. Correcting Non-Conformance: If, in the opinion of the Owner or his appointed Representa-
tive, the actual performance levels including footcandles, uniformity rafios, and maximum
kilowatt consumptions are not in conformance with the requirements of the performance
specifications and submitted information, the Manufacturer shall be liable for any or all of
the following:
1. Contractor shall, at his expense, provide and install any necessary addifional luminaires
to meet the minimum lighting standards. The Contractor shall also either replace the
existing poles to meet the new wind load (EPA) requirements or verify by certification
by a licensed structural engineer that the existing poles will withstand the additional
wind load.
2. Contractor and/or Manufacturer shall minimize the Owner's addifional long-term lumi-
naire maintenance and energy consumption costs created by the addifional luminaires
by reimbursing the Owner the amount of $1,000.00 (one thousand dollars) for each
additional luminaire required.
3. Contractor shall remove the entire unacceptable lighting system and install a new light-
ing system to meet the specifications.
REQUIRED SUBMITTAL INFORMATION CHECKLIST
Tab Item Description
A Letter/
Checlclist
Listing of all information being submitted must be included on the table of contents. List the name of the man-
ufacturer's local representative and his/her phone number.
B Equipment
Layout Drawing(s) showing field layouts with pole locations.
C
On Field Light-
ing
Design
Lighting design drawing(s) showing:
a. Field Name, date, file number, prepared by, and other pertinent data.
b. Outline of field(s) being lighted, as well as pole locations referenced to the center of the field (x & y),
Illuminance levels at grid spacing specified.
c. Pole height, # of luminaires per pole, as well as luminaire information including wattage, lumens and optics.
d. Height of light test meter above field surface.
e. Summary table showing the number and spacing of grid points; average, minimum and maximum illumi-
nance levels in footcandles (fc); uniformity including maximum to minimum ratio, coefficient of variance
and uniformity gradient; number of luminaries, total kilowatts, average tilt factor; light loss factor.
f. Alternate manufacturers shall provide both initial and maintained light scans using a maximum Recovera-
ble Light Loss Factor (RLLF) as specified in section 1.7.
D Life-cycle Cost
Calculation
Document life-cycle cost calculations as defined in the specification. Identify energy costs for operating the
luminaires, maintenance cost for the system including spot lamp replacement, and group relamping costs. All
costs should be based on 10 Years.
E Photometric
Report
Provide photometric report for a typical luminaire used showing candela tabulations as defined by lESNA Pub-
lication LM-35-02. Photometric data shall be certified by laboratory with current National Voluntary Laboratory
Accreditation Program or an independent testing facility with over 5 years' experience.
F Aiming Sum-
mary
Document showing each iuminaire's aiming angle and the poles on which the luminaries are mounted. Each
aiming point shall identify the type of luminaire.
G Aiming Report Provide test report showing aiming alignment can be maintained to 150 mph winds.
H Control & Mon-
itoring System
Manufacturer shall provide written definition and schematics for automated control system to include monitor-
ing. They will also provide examples of system reporting and access for numbers for personal contact to operate
the system.
1 Electrical Dis-
tribution Plans
If bidding an alternate system, manufacturer must include a revised electrical distribution plan including changes
to service entrance, panels and wire sizing, signed by a licensed Electrical Engineer in the state of California.
J Performance
Guarantee
Provide performance guarantee including a written commitment to undertake all corrections required to meet
the performance requirements noted in these specifications at no expense to the owner. Light levels must be
Manufacturer guaranteed per specification for 10 years.
K Warranty Provide written warranty information including all tenns and conditions.
L Independent
Testing Report
Manufacturer bidding any form of a constant light system is to provide an independent test report certifying the
system meets the lumen maintenance control strategy defined in Section 1.2.A.1, verifying the field perfor-
mance of the system for the duration of the useful life of the lamp based on lamp replacement hours. Report
shall be signed by a licensed professional engineer with outdoor lighting experience.
M Project Refer-
ences
Contractor shall provide a list of projects where the technology proposed for this project has been installed in
the state of California. If any form of a constant light system is bid, a minimum of 3 project references completed
within the last calendar year is required. For a depreciating light system a full list of projects completed within
the past 3 years is required. Reference list will include project name, project city, and contact name and contact
phone number.
N Product Infor-
mation Complete set of product brochures for all components, including a complete parts list and UL Listings.
O Delivery Manufacturer shall supply an expected delivery timeframe from receipt of approved submittals and complete
order information.
P Non-Compli-
ance
Manufacturer shall list all items that do not comply with the specifications. If in full compliance, tab may be
omitted.
The information supplied herein shall be used for the purpose of complying with the specifications for the
Stagecoach Community Park athletic fields lighting retrofits.
Revised 1/30/13 Contract No. PWS14-38PKS 95 of 125
All requirements of the specifications shall be met and the contractor/manufacturer will be responsible
for any future costs incurred to bring their equipment into compliance for all items not meeting specifica-
tions and not listed in the Non-Compliance section.
Contractor: Signature:
Contact Name: Date: / /
Revised 1/30/13 Contract No. PWS14-38PKS OR nf lop^
SECTION 3 - CALAVERA HILLS COMMUNITY PARK
PART 1 - GENERAL
1.1 SUMMARY
1.2
A. Work covered by this secfion of the specifications shall conform to the contract docu-
ments, engineering plans as well as state and local codes.
B. The purpose of these specifications is to define the performance and design standards
for the Calavera Hills Community Park athletic fields lighfing retrofit. The manufacturer /
contractor shall supply lighting equipment to meet or exceed the standards set forth in
these specifications.
C. The sports lighting will be for the following fields:
1. Baseball Field 1 - 198'/190'/230'
2. Baseball Field 2 - 240'/240'/240'
3. Baseball Field 3 - 291'/386'/296'
D. The primary goals of this sports lighting project are:
1. Guaranteed Light Levels: Selection of appropriate light levels impact the safety of the
players and the enjoyment of spectators. Therefore light levels are guaranteed for a
period of 10 years.
2. Environmental Light Control: It is the primary goal of this project to minimize spill light
and glare.
3. Life-cycle Cost: In order to reduce the operafing budget, the preferred lighting system
shall be energy efficient and cost effective to operate. All maintenance costs shall be
eliminated, and the field(s) should be proactively monitored to detect luminaire out-
ages over aio year life-cycle.
4. Control and Monitoring: To allow for optimized use of labor resources and to avoid un-
needed/unauthorized operation of the facility. Owner requires a remote on/off control
system for the lighting system. Field(s) should be proactively monitored to detect lumi-
naire outages over a 10 year life-cycle.
LIGHTING PERFORMANCE
A. Performance Requirements: Playing surfaces shall be lit to an average constant light
level and uniformity as specified in the chart below. Light levels shall be held constant
for 10 years. Lighting calculafions shall be developed and field measurements taken
on the grid spacing with the minimum number of grid points specified below. Average
illuminafion level shall be measured in accordance with the lESNA LM-5-04. Light lev-
els shall be guaranteed from the first 100 hours of operation for the maximum war-
ranty period.
Area of Lighting
Average Tar-
get Light Lev-
els
Maxi to Min
Uniformity Ra-
tio
Grid
Points
Grid
Spacing
Baseball Field 1
Infield 50 Footcan-2:1 25 20' X 20'
Outfield dles 2.5:1 73 20' X 20'
^^Revised 1/30/13 Contract No. PWS14-38PKS 97 of 125
1.
2.
3.
30 Footcan-
dles
Baseball Field 2 50 Footcan-
Infield dles 2:1 25 20' X 20'
Outfield 30 Footcan-2.5:1 113 20' X 20'
dles
Baseball Field 3 50 Footcan-
Infield dles 2:1 25 30' X 30'
Outfield 30 Footcan-2.5:1 88 30' X 30'
dles
Lumen maintenance control strategy: A constant light system shall use automatic power ad-
justments to achieve a lumen maintenance control strategy as described in the lESNA Light-
ing Handbook 10th Edifion, Lighting Controls Secfion, page 16-8: "Lumen maintenance in-
volves adjusting lamp output over time to maintain constant light output as lamps age, and
dirt accumulation reduces luminaire output. With lumen maintenance control, either lamps
are dimmed when new, or the lamp's current is increased as the system ages."
Independent Test Report: Contractor bidding any form of a constant light system must pro-
vide an independent test report certifying the system meets the lumen maintenance control
strategy above and verifying the field performance of the system for the duration of the useful
life ofthe lamp based on lamp replacement hours. Report shall be signed by a licensed pro-
fessional engineer with outdoor lighting experience.
Project References: Contractor must provide a minimum of three (3) project references within
the state of California that have been completed within the last calendar year utilizing this ex-
act technology. Contractor will include project name, project city, and contact name and con-
tact phone number for each reference.
B. Mounting Heights: To ensure proper aiming angles for reduced glare and to provide
better playability, the pole mounting heights from the playing field surface shall be as
# of Poles
2 Al, Cl (3) new 1500W luminaires
per existing 54' pole
1 A2 (6) new 1500W luminaires
per existing 50' pole
1 A3 (3) new 1500W luminaires
per existing 55' pole
2 A4, A5 (5) new 1500W luminaires
per existing 70' pole
1 Bl (4) new 1500W luminaires
per existing 62' pole
1 B2 (8) new 1500W luminaires
per existing 60' pole
3 B3, C3, C4 (4) new 1500W luminaires
per existing 60' pole
4
C5
C6 - New Verizon Cell
Pole
(7) new 1500W luminaires
per existing 80' pole
Revised 1/30/13 Contract No. PWS14-38PKS 98 of 125
B4 & B5 - Exisfing Cell
Pole
1 C2 (3) new 1500W luminaires
per existing 52' pole
1.3 LIFE-CYCLE COSTS
A. Energy Consumption: The average kW consumption for the field lighfing system shall be
31.28 or less for Baseball Field 1, 34.41 or less for Baseball Field 2, and 59.43 or less
for Baseball Field 3.
B. Complete Lamp Replacement: Manufacturer shall include all group lamp replacements
required to provide 10 years of operation based upon 600 usage hours per year.
0. Preventative and Spot Maintenance: Manufacturer shall provide all preventative and
spot maintenance, including parts and labor for 10 years from the date of equipment
shipment. Individual lamp outages shall be repaired when the usage of any field is mate-
rially impacted. Owner agrees to check fuses in the event of a luminaire outage.
D. Remote Monitoring System: System shall monitor lighfing performance, including on/off
status, hours of usage and lamp outages. If luminaire outages that affect playability are
detected, manufacturer shall contact owner so that maintenance can be proactively
scheduled. The controller shall determine switch position (Manual or Auto) and contactor
status (open or closed).
E. Remote Lighting Control System: System shall allow owner and users with a security
code to schedule on/off system operation via a web site, phone, fax or email up to ten
years in advance. Manufacturer shall provide and maintain a two-way TCP/IP communi-
cafion link. Trained staff shall be available 24/7 to provide scheduling support and assist
with reporting needs.
The owner may assign various security levels to schedulers by function and/or fields.
This function must be fiexible to allow a range of privileges such as full scheduling capa-
bilifies for all fields, to only having permission to execute "eariy off' commands by phone.
Controller shall accept and store 7-day schedules, be protected against memory loss
during power outages, and shall reboot once power is regained and execute any com-
mands that would have occurred during outage.
F. Management Tools: Manufacturer shall provide a web-based database of actual field
usage and provide reports by facility and user group.
Hours of Usage: Manufacturer shall provide a means of tracking actual hours of usage
for the field lighting system that is readily accessible to the owner.
1. Cumulative hours: shall be tracked to show the total hours used by the facility
2. Current lamp hours: shall be tracked separately to refiect the amount of hours
on the current set of lamps being used, so relamping can be scheduled accu-
rately
G. Communication Costs: Manufacturer shall include communication costs for operating
the control and monitoring systems for a period of 10 years.
H. 10-Year Life-cycle Cost: Contractor shall submit 10-year life-cycle cost calculations as
follows.
Luminaire energy consumption
a. # luminaires x kW demand per luminaire x $.13 kWh rate x 600 annual usage
hours x 10 years
Revised 1/30/13 Contract No. PWS14-38PKS 99 of 125
b. Cost for spot relamping and maintenance over 10 years
Assume 7.5 repairs at $500 each if not included with the bid +
c.
Cost to relamp all luminaires during 10 years
600 annual usage hours x 10 years / 2,100 hours x $125 lamp & labor x # luminaires
if not included with the bid
+
TOTAL 10-Year Life-cycle Operating Cost =
1.4 WARRANTY AND GUARANTEE
10-Year Warranty: Each manufacturer shall supply a signed warranty covering the entire system for 10 years
OR for the maximum hours of coverage based on the estimated annual usage, whichever occurs first. War-
ranty shall guarantee light levels; lamp replacements; system energy consumpfion; monitoring, maintenance
and control services, spill light control, and structural integrity. Manufacturer shall maintain specifically-funded
financial reserves to assure fulfillment of the warranty for the full term. Warranty may exclude fuses, storm
damage, vandalism, abuse and unauthorized repairs or alterations. Group lamp replacements for constant
light systems must occur in accordance with the independent test report provided by the manufacturer; lighting
method 2 systems must relamp every 3,000 hours.
1.5 DELIVERY TIMING
Equipment On-Site: The equipment must be on-site within 4 to 6 weeks from receipt of approved sub-
mittals and receipt of complete order information.
1.6 BID SUBMITTAL REQUIREMENTS
A. Product: Musco's Green Generation Lighting® sports lighting system or approved equal.
All bidders must provide a complete submittal package for approval as outlined in the
Required Submittal Information Checklist at the end of this section. Special manufactur-
ing to meet the standards of this specification may be required.
B. Design Approval: The owner / engineer will review submittals to ensure compliance to
the specification.
1-7 ALTERNATE SYSTEM REQUIREMENTS
A. Compliance to Specificafions: Acceptance of a bid alternate does not negate the con-
tractor and lighting manufacturer's responsibility to comply fully with the requirements of
these specifications. Any exceptions to the specifications must be clearty stated in the
submittal documents.
Light Level Requirements: Manufacturer shall provide computer models guaranteeing
light levels on the field over 10 years. If a constant light level cannot be provided, the
specified maximum Recoverable Light Loss Factor and maintenance/group relamping
schedule shall be provided in accordance with recommendations in the Pennsylvania
State University report "Empirical Light Loss Factors for Sports Lighting", presented at
the 2009 lESNA Annual Conference.
B.
Lamp Replace-
ment Interval
(hours)
Recoverable Light
Loss Factor (RLLF)
2,100 0.69
Scans for both initial and maintained light levels are required.
Revised 1/30/13 Contract No. PWS14-38PKS 100 of 125 I'
Area of Light-
ing
Average Initial
Light Levels
Average Tar-
get Light
Levels
Max to Min
Uniformity
Ratio
Grid
Points
Grid
Spacing
Baseball Field
1
Infield
Outfield
72.4 Footcan-
dles
43.4 Footcan-
dles
50 Footcan-
dles
30 Footcan-
dles
2:1
2.5:1
25
73
20'X
20'
20'X
20'
Baseball Field
2
Infield
Outfield
72.4 Footcan-
dles
43.4 Footcan-
dles
50 Footcan-
dles
30 Footcan-
dles
2:1
2.5:1
25
113
20'X
20'
20'X
20'
Baseball Field
3
Infield
Outfield
72.4 Footcan-
dles
43.4 Footcan-
dles
50 Footcan-
dles
30 Footcan-
dles
2:1
2.5:1
25
88
30'X
30'
30'X
30'
C. Revised Electrical Distribution: Contractor shall provide revised electrical distribution
plans to include changes to service entrance, panel, and wire sizing.
PART 2 - PRODUCT
2.1 LIGHTING SYSTEM CONSTRUCTION
A. System Description: Lighting system shall consist ofthe following:
1. Galvanized cross-arm assembly for attachment to existing steel structures noted in section
2.
I.2.B.
All luminaires shall be constructed with a die-cast aluminum housing or external hail shroud to
protect the luminaire reflector system.
All luminaires, visors, and cross-arm assemblies shall withstand 150 mph winds and
maintain luminaire aiming alignment.
Manufacturer will remote all ballasts and supporting electrical equipment in aluminum
enclosures mounted on pole approximately 10' above grade. The enclosures shall be
touch-safe, and include ballast, capacitor and fusing, with indicator lights on fuses to
indicate when a fuse is to be replaced for each luminaire. Safety disconnect per circuit
for each pole structure will be located in the enclosure.
Wire harness complete with an abrasion protection sleeve and strain relief to base of
poles.
Control and Monitoring Cabinet (NEMA Type 4) to provide on-off control and monitor-
ing ofthe lighfing system, constructed of aluminum. Communicafion method shall be
provided by manufacturer. Cabinet shall contain custom configured contactor mod-
ules for 30, 60, and 100 amps, labeled to match field diagrams and electrical design.
Manual off-on-auto selector switches shall be provided.
Manufacturing Requirements: All components shall be designed and manufactured as a
system. All luminaires, wire harnesses, ballast and other enclosures shall be factory as-
sembled, aimed, wired and tested.
6.
Revised 1/30/13 Contract No. PWS14-38PKS 101 of 125
B. Durability: All exposed components shall be constructed of corrosion resistant material
and/or coated to help prevent corrosion. All exposed carbon steel shall be hot dip galva-
nized per ASTM A123. All exposed aluminum shall be powder coated with high perfor-
mance polyester or anodlzed. All exterior reflective inserts shall be anodlzed, coated,
and protected from direct environmental exposure to prevent reflective degradation or
corrosion. All exposed hardware and fasteners shall be stainless steel of 18-8 grade or
better, passivated and coated with aluminum-based thermosetting epoxy resin for pro-
tection against corrosion and stress corrosion cracking. Structural fasteners may be car-
bon steel and galvanized meeting ASTM A153 and ISO/EN 1461 (for hot dipped galva-
nizing), or ASTM B695 (for mechanical galvanizing). All wiring shall be enclosed within
the crossarms, pole, conduit, or electrical components enclosure.
Enhanced corrosion protection package: Due to the potentially corrosive environment
for this project, manufacturers must provide documentation that their products meet the
following enhanced requirements in addition to the standard durability protection speci-
fled above:
• Exposed carbon steel horizontal surfaces on the cross-arm assembly shall be gal-
vanized to a five (5) mil minimum average thickness.
• Exposed die cast aluminum components shall be Type II anodized per MIL-STD-
8625 and coated with high performance polyester.
• Exposed extruded aluminum components shall be Type II anodized per MIL-STD-
8625 and coated with high performance polyester.
C. Lightning Protection: All structures shall be equipped with lightning protection meeting
NFPA 780 standards. Contractor shall supply and install a grounding electrode of not
less than 5/8 inch diameter and 8 feet long, with a minimum of 10 feet embedment.
Grounding electrode shall be connected to the structure by a grounding electrode con-
ductor with a minimum size of 2 AWG for poles with 75 feet mounting height or less, and
2/0 AWG for poles with more than 75 feet mounting height.
D. Safety: All system components shall be UL Listed for the appropriate application.
E. Electric Power Requirements for the Sports Lighting Equipment:
1. Electric power: 277 Volt, 1 Phase
2. Maximum total voltage drop: Voltage drop to the disconnect switch located on the
poles shall not exceed three (3) percent ofthe rated voltage.
PART 3 - EXECUTION
3.1.0 FIELD QUALITY CONTROL
A. Illumination Measurements: Upon substantial completion ofthe project and in the pres-
ence ofthe Contractor, Project Engineer, Owner's Representative, and Manufacturer's
Representative, illumination measurements shall be taken and verified. The illumination
measurements shall be conducted in accordance with lESNA LM-5-04.
B. Correcting Non-Conformance: If, in the opinion of the Owner or his appointed Repre-
sentative, the actual performance levels including footcandles, uniformity ratios, and max-
imum kilowatt consumptions are not in confonnance with the requirements of the perfor-
mance specifications and submitted information, the contractor shall be liable for any or
ali ofthe following:
1. Contractor shall at his expense provide and install any necessary additional lumi-
naires to meet the minimum lighting standards. The contractor shall also either re-
place the existing poles to meet the new wind load (EPA) requirements or verify by
certification by a licensed structural engineer that the existing poles will withstand the
Revised 1/30/13 Contract No. PWS14-38PKS 102 of 125 / D
addifional wind load.
2. Contractor/Manufacturer shall minimize the Owner's additional long-term luminaire
maintenance and energy consumption costs created by the addifional luminaires by
reimbursing the Owner the amount of $1,000.00 (one thousand dollars) for each addi-
fional luminaire required.
3. Contractor shall remove the entire unacceptable lighting system and install a new
lighting system to meet the specifications.
Revised 1/30/13 Contract No. PWS14-38PKS 103 of 125 \ iQ
REQUIRED SUBMITTAL INF0RIV1ATI0N CHECKLIST
Tab Item Description
A Letter/
Checklist Listing of all information being submitted must be included on the table of contents. List the name ofthe man-
ufacturer's local representative and his/her phone number
B Equipment
Layout Drawing(s) showing field layouts with pole locations.
C
On Field Light-
ing
Design
Lighting design drawing(s) showing;
g. Field Name, date, file number, prepared by, and other pertinent data.
h. Outline of field(s) being lighted, as well as pole locations referenced to the center of the field (x & y)
Illuminance levels at grid spacing specified.
i. Pole height, # of luminaires per pole, as well as luminaire infonnation including wattage lumens and optics
j. Height of light test meter above field surface.
k. Summary table showing the number and spacing of grid points; average, minimum and maximum illumi-
nance levels in footcandles (fc); uniformity including maximum to minimum ratio, coefficient of variance
and uniformity gradient; number of luminaries, total kilowatts, average tilt factor; light loss factor.
1. Alternate manufacturers shall provide both initial and maintained light scans using a maximum Recovera-
ble Light Loss Factor (RLLF) as specified in section 1.7.
D Life-cycle Cost
Calculation
Document life-cycle cost calculations as defined in the specification. Identify energy costs for operating the
luminaires, maintenance cost for the system including spot lamp replacement, and group relamping costs All
costs should be based on 10 Years.
E Photometric
Report
Provide photometric report for a typical luminaire used showing candela tabulations as defined by lESNA Pub-
lication LM-35-02. Photometric data shall be certified by laboratory with current National Voluntary Laboratory
Accreditation Program or an independent testing facility with over 5 years' experience
F Aiming Sum-
mary Document showing each Iuminaire's aiming angle and the poles on which the luminaries are mounted Each
aiming point shall identify the type of luminaire.
G Aiming Report Provide test report showing aiming alignment can be maintained to 150 mph winds.
H Control & Mon-
itoring System
Manufacturer shall provide written definition and schematics for automated control system to include monitor-
ing. They will also provide examples of system reporting and access for numbers for personal contact to operate
the system.
1 Electrical Dis-
tribution Plans if bidding an alternate system, manufacturer must include a revised electrical distribution plan including changes
to service entrance, panels and wire sizing, signed by a licensed Electrical Engineer in the state of California.
J Performance
Guarantee
Provide perfomiance guarantee including a written commitment to undertake all con-ections required to meet
the performance requirements noted in these specifications at no expense to the owner. Light levels must be
Manufacturer guaranteed per specification for 10 years.
K Warranty Provide written warranty information including all tenns and conditions.
L Independent
Testing Report
Manufacturer bidding any form of a constant light system is to provide an independent test report certifying the
system meets the lumen maintenance control strategy defined in Section 1.2.A.1, verifying the field perfor-
mance of the system for the duration of the useful life of the lamp based on lamp replacement hours. Report
shall be signed by a licensed professional engineer with outdoor lighting experience
IM Project Refer-
ences
Contractor shall provide a list of projects where the technology proposed for this project has been installed in
the state of California. If any fonn of a constant light system is bid, a minimum of 3 project references completed
withm the last calendar year is required. For a depreciating light system a full list of projects completed within
the past 3 years is required. Reference list will include project name, project city, and contact name and contact
phone number.
N Product Infor-
mation Complete set of product brochures for all components, including a complete parts list and UL Listings.
0 Delivery Manufacturer shall supply an expected delivery timeframe from receipt of approved submittals and complete
order information.
P Non-Compli-
ance Manufacturer shall list all items that do not comply with the specifications. If in full compliance, tab may be
omitted.
The information supplied herein shall be used forthe purpose of complying with the specifications forthe
Calavera Hills Community Park athletic fields lighting retrofits.
Revised 1/30/13 Contract No. PWS14-38PKS 104 of 123
All requirements of the specifications shall be met and the contractor/manufacturer will be responsible
for any future costs incurred to bring their equipment into compliance for all items not meeting specifica-
fions and not listed in the Non-Compliance secfion.
Contractor: Signature:
Contact Name: Date:
Revised 1/30/13 Contract No. PWS14-38PKS 105 of 125
APPENDIX B
SUPLEMENTAL PROVISIONS
FOR
CALAVERA HILLS AND STAGECOACH COMMUNITY PARKS
ATHLETIC FIELDS LIGHTING RETROFITS
CONTRACT NO. PWS14-38PKS
• ILLUMINATION SUMMARIES
• EQUIPMENT LAYOUT PLANS
The illumination Summaries and Equipment Layouts provided in APPENDIX B are for performance
standard reference only.
ILLUMINATION SUMMARIES AND EQUIPMENT LAYOUTS
FOLLOW THIS PAGE
Revised 1 /30/13 Contract No. PWS14-38PKS 106 of 123
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APPENDIX C
SUPLEMENTAL PROVISIONS
FOR
CALAVERA HILLS AND STAGECOACH COMMUNITY PARKS
ATHLETIC FIELDS LIGHTING RETROFITS
CONTRACT NO. PWS14-38PKS
• CONTROL SYSTEM SUMMARIES
Tiie Controller System Summaries provided in APPENDIX Care for performance standard reference
only.
CONTROL SYSTEM SUMMARIES FOLLOW THIS PAGE
Revised 1/30/13 Contract No. PWS14-38PKS 117 of 125 .i>-i-
FVoject Specific Notes:
Materials Checklist
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Control System Summary
Protect*:
Dato:
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Sales Represcfttalrve
Conlroi %stoni Type:
Commurecalion Type
Scan:
DocumeMlO:
t^ttnbt^ Panel Looatton or ID
Project information
157221
Calavera His Pvli Fteboht
03«7/14
JStout
Karin Anderson
Cor^ and Mor^hng
t^gmC^Utir
157221
157^1P1V1-0307153618
CataveraHls Total* of OiMriMtionr^nei Locations for Proiect 1
Oes^ Voiaoe^Herts^Phase: 277nOt\
Contrel Voftage: 120
Equipment Listing
Pe«?'^'PT!9N APPROXIMATE SIZE
I.Contnoi and Monitoring Cabmet
IContoBi and MonionHg Cabinet
3.S«n)t n«(ec6on Device
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2*X72 ex 10
Total OomaGtois
Total Oontadors
Total OfOOn/AiA> ^Miches:
QTY SIZE
12 30AMP
0 MMIP
3
MPORTAMT NOTES
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'•''Revised 1/30/13 Contract No. PWS14-38PKS 118 of 125
Control System Summary
C <M JOM Hun MM UV<i«UC
C^avera H«s RtiHilM / 1$7:Q1 - 1S7221
Calavera Hils - Page 2 of 4
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(rtomtorng
AtM«»Hl
centra M
1
[qupmtfit greund To hghtifij ctxwit
®
1 un pM« » OMHMi, Mi t9i|mtM gmiMI^ tMMiiiK fWHI Tt ».|
i 't«l|M»llliMliMMt mm* m [ m
1 OniNt (wMf imam, M J n m C.8
< MMMMMIHI r t.%9:
CtRiiwncaHneMM |8$ • <Str «•
t ^W|P^I8ilflKB^NW^ttii8*tt^^rtl9B pia0 MK 1 *• #
T 14 CO »
S Wie 5 t^atn f <*» serattw KIU »tats tii»^i
c M SMI tvMntilimwiritlMiltlcpH cast
S Wit tt tttH M •»! nwilw*^ t^w immmmtt mirMC»$*» fsf mi«t tw«& to wlwmKii »e »• »»j»jf«n»i« I c«ftt<i Mtiio*rt •fsMimw w^*«OT mitt¥mm n tmum mum win »sm%.
^^Revised 1/30/13 Contract No. PWS14-38PKS 119 of 125
Control System Summary
Calavera Kite Park Relight /157221 -157221
Caiavfn Hils • Page 3 of 4
SWITCHIIIG SCHEDULE
Fi*kKEbn« Ot»cription Zones
neiai i
I-WM2 2
i
CONTROL POWER CONSUMPTION
12(^ Sing** Phas*
VAloadng
of Musco
SuppKcd
Eqi^prtmt
H4RUSH: 9013.0 VAloadng
of Musco
SuppKcd
Eqi^prtmt
SEALED: 573.8
BALLAST SPECIFICATIONS VOLTAGE 277v SINGtfPHA^
BALLAST OreRATING VOLTAGE 2m 2^ 240 277 347 3^ 480
laX} Watt Mttal Haltte L»np
OscfMne Me aH««ae* PtrMiM-m«Rum 8.6 8.3 7.5 6.5 5.1 4.7 3.7
1000 Watt MMal Haild* Lan^ 6.5 6.4 5.8 4.0 4.0 3.6 2.0
CIRCOIT SUMMARY BY ZONE
POLf cwcwroteawmow • OF
RXTUWI*
FUU.
UMO
Mmi
COWTACTOft OOMTACTOR
ID
ZOMI
At 3 l^i 6l 1
A2 3 i4.i id «i 1
Bl FlBl i 30 t
ea 4 26 64 1
Cl ¥Wi lis di 1
C2 Fwai 1 \U C6 A2 ma2 3 id A3 idi
B2 4 i6
B3 PWi'S 4 30 CfO 2
C3 PMd 2 4 J Cl RBI 4 i6 tti
A4 fWHt 3 id tt^ f -AS Ae»3 $ 60 tu 3
64 7 4S.i id eii K Rsars 7 4S.i id
FWd 3 7 «.s SO CI7 3
C6 7 4S.S id (ili
Revised 1/30/13 Contract No. PWS14-38PKS 120 of 125
Control System Summary
Calavera Hm» Parte Rcigrit / 1S7221 - 1S7221
Calawtn Wis - Page 4 <rf 4
PANEL SUMMARY
C«iMtt
•
d6MfMt.
MOtNJLC
U>CAT10N
tm*tm LOAD
OitTmaunoM
PAMB.IIXBY
OTHtnil
MIEAKIK
I^MTIOM (BY
1 6i PoteAi
1 C2 PoteA2 19 50
C3 POMBl 26.00
f % <i4 P0it82 ^.dd
f CS POItCI 19.50
t Pmti i^.id
t C7 pmA2 19.50
P0leA3 li.id
1 PoieK
2 CIO Pote 53 26.00
2 cn pma iii.dd
2 C12 pmc* 26.00
2 t C13 P0leA4 ^.5d
2 C14 Pole AS 32.50
1 tti P0ltB4 4S.Sd
2 C16 45.50
2 1 C17 POMCS 45.K}
i t dii P0I*C6 4i.ld
CiRCUrr DESCRIPTtQH
JMdtidWfidN COttTACTOM
•wrrcM
zone 1 1 Fi«01 Al Cl
A2 C2
Bl C3
B2 C4
Cl C5
C6
Zone2 2 FicM2 A2 C7
A3 C8
82 C9
83 CIO
C3 Cll
C4 C12
Zone 3 3 Fl«d3 A4 C13
AS Ct4
B4 C15
BS C16
CS C17
C« CIS
Revised 1/30/13 Contract No. PWS14-38PKS 121 of 125
Project Specific Notes:
Materials Cliecklist
Q AMnjieoOIIMClRHR
NOTa
P*Mlto|lltM*t
pW Mi MMM OTP* M ClOUll
Bmmay by 2m Chart
PVC. or
O CanlMckoitttodKMiflMeeiDptvMM
I pOMW inlMuiivon ID oonfeoi
Control System Summary
Project information
1572^
Stagecoach Park Relight
(m)7/14
JStout
Karin Anderaon
ConBol and Montoring
DigtalCtriMar
157222
tST222Ptyt^m^t4
Prefect*:
Prefect Name:
Dale:
Praiect Engineer
Sales R^rts*t«a6tfe:
Cor«ol System Type:
ConvTHjnication Type
Scan:
OocumeMID:
Dstrisi^ Panel Lootion or H).
Total • of OiMributen Panel Locatens for Project:
D*S9) VotageMcrts^Phase:
Control Voitag*:
1
micat
120 Equipment Listing
pe^P"^ APPRQWTim
t.Control and Morvlohng Caiwiet
ICowttoi and MonitoingCabinet
3.St*ge PnMciion De«io*
24X72
24X72
6 Xto
Total OofittOlors '
Tot^Cknlaclors
Total OffiiOn/Airto Swtehes:
QTY
B
12
3
SIZE
30AMU>
60 AMP
• Afil ootitmaHooHpotwflioippytpwdtof
•in ViHOMHanr
catcwmoHMiCmm^nifepiamsmm
eoaMtftimupmceaiitMoacrntinsMMon. Nm:M8mmimftmup»ivziiom
MPORTAW NOTES
1. i>icatc coiAm SIM flw aeagn vMiec MM mm « amme «gr
•MMmeKMOiRgnHiepeinbWMciicMiMMcoMMa. wmatm
mvm'iomgtieimMamitmmwi&amimm^mmaoian. coma iwtir tfca<» tarn iwttmmiu to comm m mm.
ot»tfi»mM»MM€Cf%9nm«im»mmmin*»mton-mt4»uamm3
pAMcs lOMs 'Wt cfNvt fkciey-
>.Onecef«e»>iinquiM«orNciipeie- wn«iapoi(Kat«uiRitcKut*.enc
amaotmnmrntamftoasmM. AteeniManwcui. tOimMMibrne
ByBMflcacenimieMWM AMeomaenmtpm.
« tt M Hgmng tnitm M be M (Mm mofc min ow dMr«i<m locM^
MMBMtqiWRicmmajrbeiTCukM. CeniaciyewMiaratwctnmscncaevt.
S. A Mngic conm mi« muH be sccpaM ficr conra tyMm.
•y 2ont CAM- MMmwn power ^oor s O.f
MTTE; Si^ultmaUii^onlmtnutitmsfill-man dmaihim
•^Revised 1/30/13 Contract No. PWS14-38PKS 122 of 125
Control System Summary
Staoeeoad) P«l( ReigM / 1S7222 • 157222 Stagecoach Parii - Page 2 of 4
Cbntioi*ljnk. Control MonHorlog Systoai
c«Mmir tar toMr^
%t9ptf i not an^Mv)
iprcmM by ortomn fcr
) Cortmiiftd
r>c«»il«trii9
®iHjil|ll|l--lt.^- |!rll|ll|i®
TctqN<ng«ifOirit
UM H QMCKMn. «Ri «fiU|WMW 9r«nW9 OMitacHr
CMm pom taitfnM li»i S
1
n
»-l
Ml 1 *-e
»« CO
•r 1 *i*
Wl* to
m j Vki . f
CO I
tttn monw )t A ^iti8t ma twtg (KC t«« tstM *<i arm
t C^iliiM sr CM MS rtt^
c MalMr:{n3ilta«fMMir««tMU4M(«rciM
( %!j t,fg« ^tnvn" m*n •'^suff Hit'Sfett'w 'r <«»i»t f" rt^ini!^ m m whin*" fwr"!"*.
mum Cmm-mm»r*(Si«»«s« «temutfto* *«j«lasitt»»»^ |1 J, J « «, fl townfJ,«MHir*«iT, mn ma
•tl j«(«raf im%n nm »t *« te« jsaw nwn^ 0 2i
'•''Revised 1/30/13 ^3 Contract No. PWS14-38PKS 123 of 125
Control System Summary
stagecoach Paifc ReigM /157222 -157222 Stagecoach Par* - Page 3 of 4
SWrrCHIHG SCHEDULE
FiektfZoit* Deser^itioft Zoftes
t-iMdi i
r-ieidS 2
Fields
CONTROL POWER COHS(MPTK»i
120V Single Phase
VAloadng
oflfctsco
Suppied
&|uup(ncnt
WftUSH: 6013.0 VAloadng
oflfctsco
Suppied
&|uup(ncnt
SEALED: 5738
BALLAST SPECIFICATIONS
.M UDMvm Peaer nMor VOLTA<^ 277¥ aNGLEPHA^
BALLAST OPERATING VOLTAGE 208 220 240 277 347 3^ 480
1500 Watt H^kte Lamp 8.0 8.3 7.5 6.5 5.1 4.7 3.7
liM Watt l/ittai Halidc Lamp
OptrMH^B IMI ViVCnWH^ MrlBrtUf<t* (nntmim
e.5 6.4 5.8 4.0 4.0 3.6 2.0
CIRCUIT SUM MARY BY ZONE
rou cwotNT ocecMmoN • OF
RXtWW*
FULL
LOM>
AMF*
CONTACTOH COWTACrOM
IO
20MC
Al Flelili S i4i 30 ei %
A2 ntMi 3 t4.S id C2 i
SI ntni Ijgl 60 C3 1
02 BMOl 6 Hi C4 1
Cl nMi S —UJ 65
C2 FWOl S H-i ta di t
A3 niici2 3 ifti ib ti r A4 hmi 3 li* id ti B3 Fm2 7 45.5 id tk , „j......
D4 nM2 7 Z5!5 60 CTO— s C3 pwa2 i 39 «d ttt
C4 FIMa2 39 ^ tti —T-AS Mi ii.i id dii —T-" A£ fmti J 19.S id C14 ~T-
hm^ 7 4i.S id tti
B6 fmi 7 45i id tti "1 CS nasi 5 K.5 60 C17 3
C6 mas 5 dii 3
Revised 1/30/13 Contract No. PWS14-38PKS 124 of 125 / "2 i
Control System Summary
stagecoach Paifc Relight 1157222 -157222 Stagecoach Park - Page 4 of 4
PANEL SUMMARY
• MODULE
LOCATION
ddNtAaM
o
tMvUimtM^ #uu.
LOM>
AMF«
'wsfmsfm
onwtt)
—l*Mf
MliAKeR
FOWnOM(SV
OtM0»)
f Cl PMeAi 19.S0
C2 P0»*A2 19.S0
C3 PlMBl 39.00
<U PoieBZ 39.00
CS P0MC1 32.S0
f di Poiec2 32.SO
C7 P0WA3 19.50
di P5i>u 19.S0
C9 PMeB3 4S.50
2 f CIO P0ieB4 45.S0
dii Poiecs Si.dd
2 C12 PoieC4 39.00
i f dii ^Ai 19.S0
2 C14 Pole AS 19.S0
1 diJ 4S.S0
2 1 C16 P(MB6
2 1 C17 PoieCS 32.S0
dii P0WC6 32.S0
ZONE SCHtUULb
CRWH -
ZONK •iLtdtM
tWfTOH
SSiSMiaPfiiSNi FOLKID CONTACTOH
B
&nei 1 mat At
A2
Bt
B2
Ct
C2
ct
C2
C3
C4
CS
C6
Zone2 2 FieM2 A3
A4
B3
B4
C3
C4
C7
ce
C9
CIO
Ctt
C12
Zone3 3 AS
A6
BS
B6
CS
C6
Ct3
C14
CIS
CIS
CI7
CIS
Revised 1/30/13 Contract No. PWS14-38PKS 125 of 125