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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 ITEM EXPLANATION: The lighting systems on the athletic fields at Calavera Hills and Stagecoach Community Parks are outdated and do not meet the current standards for energy efficiency.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 The warranty on the existing fixtures is no longer valid.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 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 t' y 15 3 8 n m s Is 8 «! w s •4 ^ 8 Nil 5«| 111 O <n S 8 HI ffl III f - V il 8i I h :l 0 y S = 2 I 11 if I* V;: •t 6 I 5^ ill » a ' tii 1-^ 1^ S li It ?> I 8 S •^Revised 1/30/13 Contract No. PWS14-38PKS 107 of 125 i Is r< o 5 - i.;. I o slim lllllllpl r 1 S ^ ffl ... r I H :3 II I <• < t I ijil s? I If! Hi I"! Iff Ili [Si 5? r*. o "4 IO •<l !». r* •% 1 *^ < " :i t-- • <^ n ^. rt -4 '1 r>. -4 r 1 -4. n • 4- Sl ••v \ 1 *^ n •i. ••4 u. I <^ ... Q ••'4 ! CO !5i 5^ ?i A ^1 « o' f 2 Ul u. ^Revised 1/30/13 Contract No. PWS14-38PKS 108 of 125 i ':.i il V'- i- a . § P ? Vi ^ * ^^Revised 1/30/13 Contract No. PWS14-38PKS 109 of 125 in O N m i H I! sS if Revised 1/30/13 Contract No. PWS14-38PKS 110 of 125 s J 1 1 ^ I 1 • « »*« o ^1 1 . •;: 1 '' • 'r', ii t' • ! ? • h n . r' f OL f* *" ..' ' ... d I a » O lA «4 *4 ?5 rj II il f i i ^ lis il 11 It i\ ill a m a 3 3 I? ¥ & lit • r* n IM • I. Ui til r b 5 V ' I I" 1 * ' •» 8o H » o _0\ Revised 1/30/13 Contract No. PWS14-38PKS 111 of 125 fH||iH3|i Hill ^ S 1 3 -3. ft- 3 - /. ^ € X o' s s ••''Revised 1/30/13 Contract No. PWS14-38PKS 112 of 125 f ® 3 Q O O irt -.. m tA 41 ^ J i ^ I S it W 5 * .S Is 8< V / ^Revised 1/30/13 Contract No. PWS14-38PKS 113of 125 ¥ o ^^Revised 1/30/13 Contract No. PWS14-38PKS 114 of 125 '•''Revised 1/30/13 Contract No. PWS 14-38PKS 115of125 in *J m i fl sS 0 fl 8 ^•''Revised 1/30/13 Contract No. PWS14-38PKS 116of 125 >N 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 • A «irigj> coHtw ttW mi at •BM ptr M wdanpc on OBUil (CMlt dvM to oonM nd MDMoiinji eiMntl t ~" MMniif jRMtdinj, iBdMflhg •jWrtBj Q Q D NEMA 4: PVC. or poiMr MMupton to oonmi O ^w^oenotiBB compound to app» to tnat Of « »77.i3<7<Mf0 to «e(Mdk* KOMMn cr «t M9»: ACMdW lM)rMg» (ip to f t/2 Aoon Control System Summary Protect*: Dato: Protect Enginttr 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 »X72 2*X72 ex 10 Total OomaGtois Total Oontadors Total OfOOn/AiA> ^Miches: QTY SIZE 12 30AMP 0 MMIP 3 MPORTAMT NOTES 1cur»»eotm»nan»mimm fecoahm wtt mm. tfniBn a MMKsrt 8n0c pnast MMnam came an-wiM IB MM M 3 1. One eanaaerttitqiiiMW cacti pew. mitn»pomtmmAemt!Kuit.tne ceMaeMrlirc««M«rcaclt0r»«. AKcantKlertaKUl tOO«fiMlbr«ic MeaviMcenanMMAiaad Mcaimaonmtipm. 4. itM tgMng ^riHRi *• M M tlom more Mn one MirKuaen McaeMn, aMHl0Mic««miniMsr6cii««ea. Ceioact your Mace *Msiteretcf«iM I. A cennoi OKMi muM be Mcpaeo per Mnaw trwffl. C. SIM ovoKwrm OeMccs laarw M leacl ai^ column or M CKiN aumiR^ Zone atari-ummtKn eea«r taeior IS 0.». NOTE: R^uInaallatiimiKtruetwisjbrmenattmlsen rw^umHunts ^ ttmm* Mian SpMi yi^MC '•''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$7:Q1 - 1S7221 Calavera Hils - Page 2 of 4 Comioi*LMk. Goiitral aid MoRttorlai Systam •1 • i ! t ' i ; CoitnMmii (rtomtorng AtM«»Hl centra M 1 [qupmtfit greund To hghtifij ctxwit ® 1 un pM« » OMHMi, Mi t9i|mtM gmiMI^ tMMiiiK fWHI Tt ».| i 't«l|M»llliMliMMt mm* m [ m 1 OniNt (wMf imam, M J n m C.8 < MMMMMIHI r t.%9: CtRiiwncaHneMM |8$ • <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