Costa Mesa City Council
January 16, 2024

TECHNICAL SPECIFICATIONS FOR COSTA MESA TENNIS CENTER
ATTACHMENT 2
687
System Requirements: Control System Summary
Project Name: Tewinkle Park Tennis | Project #: 215837
Control System ID: 1 of 1
Distribution Panel Location/ID: Tewinkle Park Tennis
Circuit Summary
Switching Schedule
Field/Switch Description Switches
Tennis 1-2 1
Tennis 3-4 2
Tennis 5-6 3
Tennis 7-8 4
Tennis 9-10 5
Tennis 11-12 6
Control Module ID: 1 Lighting Circuit Voltage: 240/60/1 Circuit Summary by Switch
Switch Zone Description Pole ID Qty of
Fixtures
Full load
amperes
Contactor
Size (Amps)
Cabinet # Contactor
ID
1 Tennis 1-2 T1 2 5.54 30 1 C1
Tennis 1-2 T2 2 5.54 30 1 C2
Tennis 1-2 T7 2 5.54 30 1 C3
Tennis 1-2 T8 2 5.54 30 1 C4
2 Tennis 3-4 T2 2 5.54 30 1 C5
Tennis 3-4 T3 2 5.54 30 1 C6
Tennis 3-4 T6 2 5.54 30 1 C7
Tennis 3-4 T7 2 5.54 30 1 C8
3 Tennis 5-6 T3 2 5.54 30 1 C9
Tennis 5-6 T4 2 5.54 30 1 C10
Tennis 5-6 T5 2 5.54 30 1 C11
Tennis 5-6 T6 2 5.54 30 1 C12
4 Tennis 7-8 T5 2 5.54 30 2 C13
Tennis 7-8 T6 2 5.54 30 2 C14
Tennis 7-8 T11 2 5.54 30 2 C15
Tennis 7-8 T12 2 5.54 30 2 C16
5 Tennis 9-10 T6 2 5.54 30 2 C17
Tennis 9-10 T10 2 5.54 30 2 C18
Tennis 9-10 T12 2 5.54 30 2 C19
Tennis 9-10 T13 2 9.16 30 2 C20
6 Tennis 11-12 T9 2 5.54 30 2 C21
Tennis 11-12 T10 2 5.54 30 2 C22
Tennis 11-12 T13 2 5.54 30 2 C23
Tennis 11-12 T14 2 5.54 30 2 C24
Sales Representative: Karin Anderson | Project Engineer: Evan Gray | Scan: 215837A | Document ID: 215837P1V1-0828081505 www.musco.com | [email protected]

TECHNICAL SPECIFICATIONS FOR COSTA MESA TENNIS CENTER
ATTACHMENT 2
688
This information is provided by Musco exclusively for this project. Reproduction or distribution of the enclosed documents or information without the written permission of Musco Sports Lighting, LLC is prohibited.

M-1995-enUS-5

LIGHTING SPECIFICATION

PREPARED FOR
Tewinkle Park Baseball Softball LED Relight
LED Lighting Project
Costa Mesa, CA
September 14, 2023
Project # 215836
SUBMITTED BY:

Musco Sports Lighting, LLC
2107 Stewart Road
PO Box 260
Muscatine, Iowa 52761
Local Phone: 563/263-2281
Toll Free: 800/756-1205
Fax: 800/374-6402
TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
689

SECTION 26 56 68 – EXTERIOR ATHLETIC LIGHTING
Lighting System with LED Light Source
PART 1 – GENERAL

1.1 SUMMARY
A. Work covered by this section of the specifications shall conform to the contract documents, engineering plans as well as state and local codes.

B. The purpose of these specifications is to define the lighting system performance and design standards for Tewinkle Park Baseball Softball LED Relight using an LED Lighting source. 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 venues:

1. Baseball

2. Softball A

3. Softball B

4. Softball C
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 to not drop below specified target values for a period of 25 years.

2. Environmental Light Control: It is the primary goal of this project to minimize spill light to adjoining properties and glare to the players, spectators and neighbors.

3. Cost of Ownership: 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 for the duration of the warranty.

4. Control and Monitoring: To allow for optimized use of labor resources and avoid unneeded operation of the facility, customer requires a remote on/off control system for the lighting system.

Fields should be proactively monitored to detect luminaire outages over a 25-year life cycle. All communication and monitoring costs for 25-year period shall be included in the bid.

1.2 LIGHTING PERFORMANCE
A. Illumination Levels and Design Factors: Playing surfaces shall be lit to an average target illumination level and uniformity as specified in the chart below. Lighting calculations shall be developed and field measurements taken on the grid spacing with the minimum number of grid points specified below.

Appropriate light loss factors shall be applied and submitted for the basis of design. Average illumination level shall be measured in accordance with the IESNA LM-5-04 (IESNA Guide for Photometric Measurements of Area and Sports Lighting Installations). Illumination levels shall not to drop below desired target values in accordance to IES RP-6-15, Page 2, Maintained Average Illuminance and shall be guaranteed for the full warranty period.

Area of Lighting
Average Target
Illumination
Levels
Maximum to
Minimum
Uniformity Ratio
Grid Points Grid Spacing
Baseball 50fc infield/ 30fc
Outfield
2:1 infield/ 2.5:1
Outfield
25 infield/
109 outfield 30’ x 30’
Softball A 50fc infield/ 30fc
Outfield
2:1 infield/ 2.5:1
Outfield
25 infield/
119 outfield 20’ x 20’
Softball B 50fc infield/ 30fc
Outfield
2:1 infield/ 2.5:1
Outfield
25 infield/
146 outfield 20’ x 20’
Softball C 50fc infield/ 30fc
Outfield
2:1 infield/ 2.5:1
Outfield
25 infield/
132 outfield 20’ x 20’
TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
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B. Color: The lighting system shall have a minimum color temperature of 5700K and a CRI of 75.

C. Mounting Heights: To ensure proper aiming angles for reduced glare and to provide better playability, minimum mounting heights shall be as described below. Higher mounting heights may be required based on photometric report and ability to ensure the top of the field angle is a minimum of 10 degrees below horizontal.
# of Poles Pole Designation Pole Height
16 A1-A4, B1-B4, C1- C8 80’

1.3 ENVIRONMENTAL LIGHT CONTROL
A. Light Control Luminaires: All luminaires shall utilize spill light and glare control devices including, but not limited to, internal shields, louvers and external shields. No symmetrical beam patterns are accepted.

B. Spill Light and Glare Control: To minimize impact on adjacent properties, spill light and candela values must not exceed the following levels taken at 3 feet above grade.

Average Maximum
Entire Grid Specified Spill Line Horizontal
Footcandles 0.025 fc 0.10 fc
Entire Grid Specified Spill Line Max Vertical
Footcandles 0.076 fc 0.30 fc
C. Spill Scans: Spill scans must be submitted indicating the amount of horizontal and vertical footcandles along the specified lines. Light levels shall be taken at 30-foot intervals along the boundary line.

Readings shall be taken with the meter orientation at both horizontal and aimed towards the most intense bank of lights. Illumination level shall be measured in accordance with the IESNA LM-5-04 after 1 hour warm up.

D. The first page of a photometric report for all luminaire types proposed showing horizontal and vertical axial candle power shall be provided to demonstrate the capability of achieving the specified performance. Reports shall be certified by a qualified testing laboratory with a minimum of five years experience or by a manufacturer’s laboratory with a current accreditation under the National Voluntary Laboratory Accreditation Program for Energy Efficient Lighting Products. A summary of the horizontal and vertical aiming angles for each luminaire shall be included with the photometric report.

1.4 Cost of Ownership
A. Manufacturer shall submit a 25 year Cost of Ownership summary that includes energy consumption, anticipated maintenance costs, and control costs. All costs associated with faulty luminaire replacement - equipment rentals, removal and installation labor, and shipping - are to be included in the maintenance costs.

PART 2 – PRODUCT

2.2 SPORTS LIGHTING SYSTEM CONSTRUCTION
A. Manufacturing Requirements: All components shall be designed and manufactured as a system. All luminaires, wire harnesses, drivers and other enclosures shall be factory assembled, aimed, wired and tested.

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 galvanized per ASTM A123. All exposed aluminum shall be powder coated with high performance polyester or anodized.

TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
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All exterior reflective inserts shall be anodized, coated, and protected from direct environmental exposure to prevent reflective degradation or corrosion. All exposed hardware and fasteners shall be stainless steel, passivated and coated with aluminum-based thermosetting epoxy resin for protection against corrosion and stress corrosion cracking. Structural fasteners may be carbon steel and galvanized meeting ASTM A153 and ISO/EN 1461 (for hot dipped galvanizing), or ASTM B695 (for mechanical galvanizing). All wiring shall be enclosed within the cross-arms, pole, or electrical components enclosure.

C. System Description: Lighting system shall consist of the following:

1. Galvanized steel poles and cross-arm assembly.

2. Non-approved pole technology:
a. Square static cast concrete poles will not be accepted. b. Direct bury steel poles which utilize the extended portion of the steel shaft for their foundation will not be accepted due to potential for internal and external corrosive reaction to the soils and long term performance concerns.

3. Lighting systems shall use concrete foundations. See Section 2.4 for details. a. For a foundation using a pre-stressed concrete base embedded in concrete backfill the concrete shall be air-entrained and have a minimum compressive design strength at 28 days of 3,000 PSI. 3,000 PSI concrete specified for early pole erection, actual required minimum allowable concrete strength is 1,000 PSI. All piers and concrete backfill must bear on and against firm undisturbed soil.
b. For anchor bolt foundations or foundations using a pre-stressed concrete base in a suspended pier or re-inforced pier design pole erection may occur after 7 days. Or after a concrete sample from the same batch achieves a certain strength.

4. Manufacturer will supply all drivers and supporting electrical equipment a. Remote drivers and supporting electrical equipment shall be mounted approximately 10 feet above grade in aluminum enclosures. The enclosures shall be touch-safe and include drivers and fusing with indicator lights on fuses to notify when a fuse is to be replaced for each luminaire. Disconnect per circuit for each pole structure will be located in the enclosure. Integral drivers are not allowed.
b. Manufacturer shall provide surge protection at the pole equal to or greater than 40 kA for each line to ground (Common Mode) as recommended by IEEE C62.41.2_2002.

5. Wire harness complete with an abrasion protection sleeve, strain relief and plug-in connections for fast, trouble-free installation.

6. All luminaires, visors, and cross-arm assemblies shall withstand 150 mi/h winds and maintain luminaire aiming alignment.

7. Control cabinet to provide remote on-off control, monitoring, and entertainment features of the lighting system. See Section 2.3 for further details.

8. Contactor cabinet to provide on-off control.

9. Manufacturer shall provide lightning grounding as defined by NFPA 780 and be UL Listed per UL 96 and UL 96A.
a. Integrated grounding via concrete encased electrode grounding system. b. If grounding is not integrated into the structure, the manufacturer shall supply grounding electrodes, copper down conductors, and exothermic weld kits. Electrodes and conductors shall be sized as required by NFPA 780.The grounding electrode shall be minimum size of 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.

TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
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10. 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 specified above:
a) Exposed carbon steel horizontal surfaces on the crossarm assembly shall be galvanized to no less than a five (5) mil average thickness. b) Exposed die cast aluminum components shall be Type II anodized per MIL-STD- 8625 and coated with high performance polyester.
c) Exposed extruded aluminum components shall be Type II anodized per MIL-STD- 8625 and coated with high performance polyester.

D. Safety: All system components shall be UL listed for the appropriate application.

2.2 ELECTRICAL
A. Electric Power Requirements for the Sports Lighting Equipment:

1. Electric power: 480 Volt, 3 Phase

2. Maximum total voltage drop: Voltage dr3op to the disconnect switch located on the poles shall not exceed three (3) percent of the rated voltage.

B. Energy Consumption: The kW consumption for the field lighting system shall be 133.32 kW.

2.3 CONTROL
A. Instant On/Off Capabilities: System shall provide for instant on/off of luminaires.

B. Lighting contactor cabinet(s) constructed of NEMA Type 4 aluminum, designed for easy installation with contactors, labeled to match field diagrams and electrical design. Manual off-on-auto selector switches shall be provided.

C. 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 communication link. Trained staff shall be available 24/7 to provide scheduling support and assist with reporting needs.

The owner may assign various security levels to schedulers by function and/or fields. This function must be flexible to allow a range of privileges such as full scheduling capabilities for all fields to only having permission to execute “early off” commands by phone. Scheduling tool shall be capable of setting curfew limits.

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 commands that would have occurred during outage.

D. Remote Monitoring System: System shall monitor lighting performance and notify manufacturer if individual luminaire outage is detected so that appropriate maintenance can be scheduled. The controller shall determine switch position (manual or auto) and contactor status (open or closed).

E. Management Tools: Manufacturer shall provide a web-based database and dashboard tool of actual field usage and provide reports by facility and user group. Dashboard shall also show current status of luminaire outages, control operation and service. Mobile application will be provided suitable for IOS, Android and Blackberry devices.

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. Report hours saved by using early off and push buttons by users.

F. Communication Costs: Manufacturer shall include communication costs for operating the control and monitoring system for a period of 25 years.

G. Communication with luminaire drivers: Control system shall interface with drivers in electrical TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
693

components enclosures by means of powerline communication .

2.4 STRUCTURAL PARAMETERS
A. Wind Loads: Wind loads shall be based on the 2019 California Building Code. Wind loads to be calculated using ASCE 7-16, a design wind speed of 95mi/h, exposure category C and wind importance factor of 1.

B. Pole Structural Design: The stress analysis and safety factor of the poles shall conform to 2009 AASHTO Standard Specification for Structural Supports for Highway Signs, Luminaires, and Traffic Signals (LTS-5).

C. If no geotechnical report is available, the foundation design shall be based on soils that meet or exceed those of a Class 5 material as defined by 2016 CBC Table 1806.2.

PART 3 – EXECUTION

3.1 SOIL QUALITY CONTROL
A. It shall be the Contractor’s responsibility to notify the Owner if soil conditions exist other than those on which the foundation design is based, or if the soil cannot be readily excavated. Contractor may issue a change order request / estimate for the Owner’s approval / payment for additional costs associated with:

1. Providing engineered foundation embedment design by a registered engineer in the State of CA for soils other than specified soil conditions;

2. Additional materials required to achieve alternate foundation;

3. Excavation and removal of materials other than normal soils, such as rock, caliche, etc.

3.2 DELIVERY TIMING
A. Delivery Timing Equipment On-Site: The equipment must be on-site 10-12 weeks from receipt of approved submittals and receipt of complete order information.

3.3 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 Representative, illumination measurements shall be taken and verified. The illumination measurements shall be conducted in accordance with IESNA LM-5-04.

B. Field Light Level Accountability

1. Light levels are guaranteed not to fall below the target maintained light levels for the entire warranty period of 25 years. These levels will be specifically stated as “guaranteed” on the illumination summary provided by the manufacturer.

2. The contractor/manufacturer shall be responsible for conducting initial light level testing and an additional inspection of the system, in the presence of the owner, one year from the date of commissioning of the lighting.

3. The contractor/manufacturer will be held responsible for any and all changes needed to bring these fields back to compliance for light levels and uniformities. Contractor/Manufacturer will be held responsible for any damage to the fields during these repairs.

C. Correcting Non-Conformance: If, in the opinion of the Owner or his appointed Representative, the actual performance levels including footcandles and uniformity ratios are not in conformance with the requirements of the performance specifications and submitted information, the Manufacturer shall be required to make adjustments to meet specifications and satisfy Owner.

3.4 WARRANTY AND GUARANTEE
A. 25-Year Warranty: Each manufacturer shall supply a signed warranty covering the entire system for TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
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25 years from the date of shipment. Warranty shall guarantee specified light levels. Manufacturer shall maintain specifically-funded financial reserves to assure fulfillment of the warranty for the full term. Warranty does not cover weather conditions events such as lightning or hail damage, improper installation, vandalism or abuse, unauthorized repairs or alterations, or product made by other manufacturers.

B. Maintenance: Manufacturer shall monitor the performance of the lighting system, including on/off status, hours of usage and luminaire outage for 25 years from the date of equipment shipment. Parts and labor shall be covered such that individual luminaire outages will be repaired when the usage of any field is materially impacted. Manufacturer is responsible for removal and replacement of failed luminaires, including all parts, labor, shipping, and equipment rental associated with maintenance.

Owner agrees to check fuses in the event of a luminaire outage.

PART 4 – DESIGN APPROVAL

4.0 PRE-BID SUBMITTAL REQUIREMENTS (Non-Musco)
A. Design Approval: The owner / engineer will review pre-bid submittals per section 4.0.B from all the manufacturers to ensure compliance to the specification 10 days prior to bid. If the design meets the design requirements of the specifications, a letter and/or addendum will be issued to the manufacturer indicating approval for the specific design submitted.

B. Approved Product: Musco’s Light-Structure System TM with TLC for LEDTM is the approved product.

All substitutions must provide a complete submittal package for approval as outlined in Submittal Information at the end of this section at least 10 days prior to bid. Special manufacturing to meet the standards of this specification may be required. An addendum will be issued prior to bid listing any other approved lighting manufacturers and designs.

C. All listed manufacturers not pre-approved shall submit the information at the end of this section at least 10 days prior to bid. An addendum will be issued prior to bid; listing approved lighting manufacturers and the design method to be used.

D. Bidders are required to bid only products that have been approved by this specification or addendum by the owner or owner’s representative. Bids received that do not utilize an approved system/design, will be rejected.

TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
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REQUIRED SUBMITTAL INFORMATION FOR ALL MANUFACTURERS (NOT PRE-APPROVED) 10 DAYS

PRIOR TO BID
All items listed below are mandatory, shall comply with the specification and be submitted according to pre-bid submittal requirements. Complete the Yes/No column to indicate compliance (Y) or noncompliance (N) for each item. Submit checklist below with submittal.

Yes/
No Tab Item Description
A Letter/
Checklist
Listing of all information being submitted must be included on the table of contents. List the name of the manufacturer’s local representative and his/her phone number. Signed submittal checklist to be included.

B Equipment
Layout Drawing(s) showing field layouts with pole locations C
On Field
Lighting
Design
Lighting design drawing(s) showing:
a. Field Name, date, file number, prepared by
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, number of fixtures per pole, horizontal and vertical aiming angles, 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 illuminance levels in foot candles (fc); uniformity including maximum to minimum ratio, coefficient of variance (CV), coefficient of utilization (CU) uniformity gradient; number of luminaries, total kilowatts, average tilt factor; light loss factor.

D
Off Field
Lighting
Design
Lighting design drawing showing initial spill light levels along the boundary line (defined on bid drawings) in footcandles. Lighting design showing glare along the boundary line in candela. Light levels shall be taken at 30-foot intervals along the boundary line. Readings shall be taken with the meter orientation at both horizontal and aimed towards the most intense bank of lights.

E Photometric
Report
Provide first page of photometric report for all luminaire types being proposed showing candela tabulations as defined by IESNA Publication 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 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 guaranteed to not fall below target levels for warranty period.

G Structural
Calculations
Pole structural calculations and foundation design showing foundation shape, depth backfill requirements, rebar and anchor bolts (if required). Pole base reaction forces shall be shown on the foundation drawing along with soil bearing pressures. Design must be stamped by a structural engineer in the state of CA, if required by owner. (May be supplied upon award).

H
Control &
Monitoring
System
Manufacturer of the control and monitoring system shall provide written definition and schematics for automated control system and entertainment packages. They will also provide ten (10) references of customers currently using proposed system in the state of CA.

I
Electrical
Distribution
Plans
Manufacturer bidding an alternate product 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 CA.

J Warranty Provide written warranty information including all terms and conditions. Provide ten (10) references of customers currently under specified warranty in the state of CA.

K Project
References
Manufacturer to provide a list of five (5) projects where the technology and specific fixture proposed for this project has been installed in the state of CA. Reference list will include project name, project city, installation date, and if requested, contact name and contact phone number.

L Product
Information Complete bill of material and current brochures/cut sheets for all product being provided.

TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
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M Delivery Manufacturer shall supply an expected delivery timeframe from receipt of approved submittals and complete order information.

N Non-
Compliance
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 Tewinkle Park Baseball Softball LED Relight. By signing below I agree that all requirements of the specifications have been met and that the manufacturer will be responsible for any future costs incurred to bring their equipment into compliance for all items not meeting specifications and not listed in the Non-Compliance section.

Manufacturer: _____________________________________ Signature: ____________________________________ Contact Name: ____________________________________ Date: ______/______/_____ Contractor: _______________________________________ Signature: _______________________________ TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
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2020, 2023 Musco Sports Lighting, LLCDate: August 23, 2023 Project #215836, Page 1 of 4 M-3453-en04-9
Quote Scope of Work: Light-Structure System ™ - Retrofit Tewinkle Park Baseball Softball LED Retrofit
Costa Mesa, CA
Retrofit System Scope of Work
Customer Responsibilities:

1. Complete access to the site for construction using standard 2-wheel drive rubber tire equipment.

2. Locate existing underground utilities not covered by your local utilities. (i.e. water lines, electrical lines, irrigation systems, and sprinkler heads). Musco or Subcontractor will not be responsible for repairs to unmarked utilities.

3. Locate and mark field reference points per Musco supplied layout. (i.e. home plate, center of FB field).

4. If existing underground wiring is being used ensure usability.

5. Pay any necessary power company fees and requirements.

6. Pay all permitting fees.

7. Provide any existing as-built documents or drawings.

8. Provide sealed Electrical Plans. (If required)
Musco Responsibilities:

1. Provide required fixtures, electrical enclosures, mounts, hardware, wire harnesses, and control cabinets.

2. Provide poletop luminaire assembly on all poles.

3. Provide fixture layout and aiming diagram.

Contractor Responsibilities
General:

1. Obtain any required permitting.

2. Contact your local UDig for locating underground public utilities and confirm they have been clearly marked.

3. Contact the facility owner/manager to confirm the existing private underground utilities and irrigation systems have been located and are clearly marked to avoid damage from construction equipment. Notify owner and repair damage to marked utilities. Notify owner and Musco regarding damage which occurred to unmarked utilities.

4. Provide labor, equipment, and materials to off load equipment at jobsite per scheduled delivery.

5. Provide storage containers for material, (including electrical components enclosures), as needed.

6. Provide necessary waste disposal and daily cleanup.

7. Provide adequate security to protect Musco delivered products from theft, vandalism, or damage during the installation.

8. Keep all heavy equipment off playing fields when possible. Repair damage to grounds which exceeds that which would be expected. Indentations caused by heavy equipment traveling over dry ground would be an example of expected damage. Ruts and sod damage caused by equipment traveling over wet grounds would be an example of damage requiring repair.

9. Provide startup and aiming as required to provide complete and operating sports lighting system.

10. Installation to commence upon delivery and proceed without interruption until complete. Musco to be immediately notified of any breaks in schedule or delays.

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2020, 2023 Musco Sports Lighting, LLCDate: August 23, 2023 Project #215836, Page 2 of 4 M-3453-en04-9
Quote Scope of Work: Light-Structure System ™ - Retrofit Retrofit Musco Equipment to Existing Poles:

1. Provide labor, materials, and equipment to assemble and install Musco TLC for LED ® equipment on existing poles and terminate grounding and power feed. Power feed may need to be reworked to adapt to the new Musco equipment.

2. Ensure grounding components meet minimum standards required by NEC and NFPA780.

3. For concrete poles provide new lightning down conductor(aluminum) and 5/8 in copper ground rod. For poles 75 ft (22 m) or less use 1/0 AWG, poles over 75 ft (22 m) use 4/0 AWG conductor. Bond internal pole ground to new down conductor.

4. For steel poles provide new ground rod and pole bonding conductor per NFPA Annex A.1.6.

5. Down conductor shall be converted to copper wire for any underground runs and bonded to ground rod(s).

6. Ensure all Musco components are bonded to both equipment and lightning grounds. No upward sweeps allowed for lightning down conductor or bonding jumper(s). See installation instructions for further information.

7. Test ground resistance with 3-point megger and confirm 25 ohms or less for each pole. Install additional ground rods or create grounding grid until resistance of 25 ohms or less is achieved.

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2020, 2023 Musco Sports Lighting, LLCDate: August 23, 2023 Project #215836, Page 3 of 4 M-3453-en04-9
Quote Scope of Work: Light-Structure System ™ - Retrofit

CODE OF CONDUCT
In order to maintain a high-quality jobsite and installation, Subcontractor represents to Musco that it has the supervision necessary to, and shall train, manage, supervise, monitor, and inspect the activities of its employees for the purpose of enforcing compliance with these safety requirements. Subcontractor acknowledges that Musco does not undertake any duty toward Subcontractor’s employees to train, manage, supervise, monitor, and inspect their work activities for the purpose of enforcing compliance with these safety requirements, but Subcontractor agrees to abide by any reasonable recommendations made by Musco or Musco representatives with respect to safety.

Subcontractor agrees that it is or will be familiar with and shall abide by the safety rules and regulations of Musco and the Owner, including, but not limited to the Occupational Safety and Health Act of 1970 (OSHA), all rules and regulations established pursuant thereto, and all amendments and supplements thereto.

Subcontractor further agrees to require all its employees, subcontractors, and suppliers to comply with these requirements. Subcontractor shall also observe and comply with all laws with respect to environmental protection applicable to the Project.

Subcontractor shall require all its subcontractors, employees, visitors, suppliers, and agents under its direction to comply with the following:

1. GENERAL JOBSITE SAFETY AND CLEANLINESS.
a. Subcontractor’s employees and agents shall be required to wear appropriate personal protective equipment including, but not limited to, safety glasses with side shields, work shoes, fall protection devices, and hard hats.
b. Where a walking or working surface has an unprotected side or edge which is six feet or more above a lower level, Subcontractor shall use guardrail systems, safety net systems, or personal fall arrest systems.
c. Jobsite shall be kept free of debris including, but not limited to, cardboard and packing materials which can become windborne.
d. Construction equipment shall be parked during non-use in an orderly fashion so as not to create inconvenience to others using the jobsite.
e. Subcontractor shall provide for and ensure the use of safety equipment for the Project in accordance with Musco’s and Owner’s safety requirements, to the extent these may be stricter than federal, state, or local standards, or generally recognized industry applicable standards. f. Subcontractor shall provide the Musco project manager with an “Emergency List” showing Subcontractor’s designated medical doctor, hospital, insurance company, and any other health service providers, such list to be updated within 24 hours of any change in the information provided. g. Within eight (8) hours from the time of an accident (or such shorter period as laws may require), Subcontractor shall advise Musco of any accident resulting in injury to any person or damage to any equipment or facility. Upon request, Subcontractor shall promptly furnish Musco with a written report of any such accident as well as a copy of all insurance and worker’s compensation claims involving the Project.
h. Subcontractor shall maintain and inspect all construction equipment, including cranes and other lifting equipment, prior to each use. Subcontractor warrants that all equipment operators shall be qualified for each piece of construction equipment they intend to operate. Documentation of specific training is the responsibility of the Subcontractor.
i. Jobsite shall be policed daily for compliance to the above conditions.

TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
700
2020, 2023 Musco Sports Lighting, LLCDate: August 23, 2023 Project #215836, Page 4 of 4 M-3453-en04-9
Quote Scope of Work: Light-Structure System ™ - Retrofit j. Subcontractor’s employees and agents are prohibited from using drugs and alcohol on the Project property or being under the influence of alcohol or drugs while performing work on the Project. Anyone observed participating in or observed under the influence will be removed from the Project immediately and prohibited from returning, with no exceptions.

2. CONFORMANCE TO STANDARD MUSCO INSTALLATION GUIDELINES. a. Review and understand installation instructions are provided with every product installation. b. Education of installation personnel to allow for highest efficiency and lowest possibility of failure. c. Verify that components have been assembled per Musco installation instructions. d. Verify plumb of concrete foundations prior to standing of poles.

3. PROVIDING A QUALITY INSTALLATION TEAM.
a. Subcontractor’s work directly reflects the quality of the installation and may indirectly relate to the quality of the product upon which Musco’s reputation is built. b. Provide and maintain quality installation equipment. Records of maintenance and/or calibration shall be provided upon request.
c. Personnel shall be knowledgeable in operation of equipment as well as installation of Musco product. d. All personnel provided by Subcontractor shall understand the relationship developed by and between Subcontractor and Musco, also by and between Musco and the customer, and act accordingly.

TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
701

PROJECT SUMMARY
Not to be reproduced in whole or part without the wri Ʃen consent of Musco Sports LighƟng, LLC. ©1981, 2023 Musco Sports LighƟng, LLC.

ENGINEERED DESIGN By: E.Gray • File #215836B • 28-Aug-23 Terwinkle Park LED Retrofit
Lighting System
Pole/Fixture Summary
Pole ID Pole Height Mtg Height Fixture Qty Luminaire Type Load Circuit A1 70' 71' 2 TLC-LED-1200 2.34 kW B
71' 1 TLC-LED-900 0.88 kW B
16' 1 TLC-BT-575 0.57 kW B
A1-A2 70' 71' 1 TLC-LED-900 0.88 kW A
71' 3 TLC-LED-1200 3.51 kW A
16' 1 TLC-BT-575 0.57 kW A
A2 70' 71' 1 TLC-LED-1500 1.41 kW D
71' 1 TLC-LED-900 0.88 kW D
71' 1 TLC-LED-1200 1.17 kW D
16' 1 TLC-BT-575 0.57 kW D
A3 80' 81' 1 TLC-LED-1200 1.17 kW D
81' 1 TLC-LED-1500 1.41 kW D
81' 1 TLC-LED-900 0.88 kW D
16' 1 TLC-BT-575 0.57 kW D
A3-A4 80' 81' 1 TLC-LED-1200 1.17 kW C
16' 1 TLC-BT-575 0.57 kW C
81' 2 TLC-LED-900 1.76 kW C
A4 80' 16' 1 TLC-BT-575 0.57 kW B
81' 1 TLC-LED-900 0.88 kW B
81' 2 TLC-LED-1200 2.34 kW B
B1
B4 80' 81' 4 TLC-LED-1200 4.68 kW B
16' 1 TLC-BT-575 0.57 kW B
B1-B2 80' 81' 2 TLC-LED-1200 2.34 kW A
81' 3 TLC-LED-1500 4.23 kW A
16' 1 TLC-BT-575 0.57 kW A
B2 80' 81' 4 TLC-LED-1200 4.68 kW D
B2-B3 80' 18' 1 TLC-BT-575 0.57 kW D
B3 80' 81' 1 TLC-LED-1500 1.41 kW D
81' 3 TLC-LED-1200 3.51 kW D
16' 1 TLC-BT-575 0.57 kW C
B3-B4 80' 81' 5 TLC-LED-1200 5.85 kW C
B4 80' 18' 1 TLC-BT-575 0.57 kW C
C1-C2 80' 81' 3 TLC-LED-1200 3.51 kW A
81' 4 TLC-LED-1500 5.64 kW A
16' 2 TLC-BT-575 1.15 kW A
C3 80' 81' 3 TLC-LED-1200 3.51 kW D
C3-C4 80' 81' 1 TLC-LED-900 0.88 kW D
16' 2 TLC-BT-575 1.15 kW D
C4 80' 81' 1 TLC-LED-1500 1.41 kW D
81' 2 TLC-LED-1200 2.34 kW D
C5-C6 80' 16' 2 TLC-BT-575 1.15 kW C
81' 4 TLC-LED-1200 4.68 kW C
C7-C8 80' 81' 1 TLC-LED-900 0.88 kW B
81' 2 TLC-LED-1200 2.34 kW B
16' 2 TLC-BT-575 1.15 kW B
16 130 133.32 kW
Circuit Summary
Circuit Description Load Fixture Qty
A Baseball 44.82 kW 40
B Softball A 26.84 kW 28
C Softball B 31.52 kW 32
D Softball C 30.14 kW 30
Fixture Type Summary
Type Source Wattage Lumens L90 L80 L70 Quantity
TLC-BT-575 LED 5700K - 75 CRI 575W 52,000 >120,000 >120,000 >120,000 32 TLC-LED-1200 LED 5700K - 75 CRI 1170W 150,000 >120,000 >120,000 >120,000 66 TLC-LED-1500 LED 5700K - 75 CRI 1410W 181,000 >120,000 >120,000 >120,000 18 TLC-LED-900 LED 5700K - 75 CRI 880W 104,000 >120,000 >120,000 >120,000 14 TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
702

PROJECT SUMMARY
Not to be reproduced in whole or part without the wri Ʃen consent of Musco Sports LighƟng, LLC. ©1981, 2023 Musco Sports LighƟng, LLC.

ENGINEERED DESIGN By: E.Gray • File #215836B • 28-Aug-23 Terwinkle Park LED Retrofit
Single Luminaire Amperage Draw Chart
Driver SpeciĮcaƟons
(.90 min power factor)
Line Amperage Per Luminaire
(max draw)
Single Phase Voltage 208
(60)
220
(60)
240
(60)
277
(60)
347
(60)
380
(60)
480
(60)
TLC-BT-575 3.3 3.2 2.9 2.5 2.0 1.8 1.5
TLC-LED-1200 6.9 6.5 6.0 5.2 4.2 3.8 3.0
TLC-LED-1500 8.4 7.9 7.3 6.3 5.0 4.6 3.6
TLC-LED-900 5.2 4.9 4.5 3.9 3.1 2.9 2.3
Light Level Summary
Calculation Grid Summary
Grid Name Calculation Metric Illumination Circuits Fixture QtyAve Min Max Max/Min Ave/Min Baseball (Infield) Horizontal Illuminance 51.3 38 63 1.68 1.35 A 40 Baseball (Outfield) Horizontal Illuminance 30.3 22 44 1.97 1.38 A 40 Softball A (Infield) Horizontal Illuminance 50.3 42 60 1.42 1.20 B 28 Softball A (Outfield) Horizontal Illuminance 30.8 21 42 2.00 1.47 B 28 Softball B (Infield) Horizontal Illuminance 51.1 40 63 1.58 1.28 C 32 Softball B (Outfield) Horizontal Illuminance 32 21 46 2.17 1.52 C 32 Softball C (Infield) Horizontal Illuminance 50.3 40 60 1.52 1.26 D 30 Softball C (Outfield) Horizontal Illuminance 31.7 20 44 2.14 1.58 D 30 Spill Horizontal 0.02 0 0.13 0.00 A,B,C,D 130
Spill Max Candela (by Fixture) 3514 0.86 15203 17696.67 4086.59 A,B,C,D 130 Spill Max Vertical Illuminance Metric 0.06 0 0.31 0.00 A,B,C,D 130 TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
703

ILLUMINATION SUMMARY
Not to be reproduced in whole or part without the wri Ʃen consent of Musco Sports LighƟng, LLC. ©1981, 2023 Musco Sports LighƟng, LLC.

ENGINEERED DESIGN By: E.Gray • File #215836B • 28-Aug-23 58 61
60 56
54 35
31 27
27 28
24 62
62 61
51 45
41 30
27 30
34 29
25 59
61 63
49 39
38 32
29 34
33 34
30 51
49 48
41 39
37 32
28 31
32 32
29 50
47 40
39 38
34 29
26 27
30 33
24 37
44 40
37 33
30 28
25 29
32 36
33 33
31 33
32 30
29 27
25 28
34 36
33 29
28 28
29 28
29 26
26 28
30 36
31 28
31 31
29 29
30 28
27 26
26 28
23 35
32 30
31 32
32 30
27 25
22 30
35 37
32 34
34 34
29 22
26 29
33 23
27 29
27 23
C2
C1
B2A2
B1
A1 150'
43'
36'
42'
91'
321'
334'
86'
40'
149'
39'
35'
SCALE IN FEET 1 : 80
0' 80' 160'
Equipment List For Areas Shown
Pole Luminaires

QTY LOCATION SIZE GRADE

ELEVATION

MOUNTING

HEIGHT LUMINAIRE TYPE QTY/POLE THIS
GRID
OTHER
GRIDS
1 A1 70' 1' 71' TLC-LED-1200 3/2* 3 2
71' TLC-LED-900 1/1* 1 1
16' TLC-BT-575 2 1 1
1 A2 70' 1' 71' TLC-LED-1200 3/1* 3 1
71' TLC-LED-1500 1* 0 1
71' TLC-LED-900 1/1* 1 1
16' TLC-BT-575 2 1 1
1 B1 80' 1' 81' TLC-LED-1200 2/4* 2 4
81' TLC-LED-1500 3 3 0
16' TLC-BT-575 2 1 1
1 B2 80' 1' 81' TLC-LED-1200 2/4* 2 4
81' TLC-LED-1500 3 3 0
18' TLC-BT-575 1 0 1
16' TLC-BT-575 1 1 0
2 C1-C2 80' 1' 81' TLC-LED-1200 3 3 0
81' TLC-LED-1500 4 4 0
16' TLC-BT-575 2 2 0
6 Totals 58 40 18
*This structure utilizes a back-to-back mounting configuration Terwinkle Park LED Retrofit
Grid Summary
Name Baseball
Size Irregular 320'/404'/322'
Spacing 30.0' x 30.0'
Height 3.0' above grade
Illumination Summary

MAINTAINED HORIZONTAL FOOTCANDLES
Infield Outfield
Guaranteed Average 50 30
Scan Average 51.35 30.31
Maximum 63 44
Minimum 38 22
Avg/Min 1.37 1.37
Guaranteed Max/Min 2 2.5
Max/Min 1.68 1.97
UG (adjacent pts) 1.31 1.42
CU 0.73
No. of Points 25 109

LUMINAIRE INFORMATION
Applied Circuits A
No. of Luminaires 40
Total Load 44.82 kW
Pole location(s) dimensions are relative
to 0,0 reference point(s)
Guaranteed Performance: The ILLUMINATION described above is guaranteed per your Musco Warranty document and
includes a 0.95 dirt depreciation factor.

Field Measurements: Individual field measurements may vary from computer-calculated predictions and should be taken in accordance with IESNA RP-6-15.

Electrical System Requirements: Refer to Amperage
Draw Chart and/or the "Musco Control System Summary"
for electrical sizing.

Installation Requirements: Results assume ± 3%
nominal voltage at line side of the driver and structures located within 3 feet (1m) of design locations.

TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
704

ILLUMINATION SUMMARY
Not to be reproduced in whole or part without the wri Ʃen consent of Musco Sports LighƟng, LLC. ©1981, 2023 Musco Sports LighƟng, LLC.

ENGINEERED DESIGN By: E.Gray • File #215836B • 28-Aug-23 52 47 48 5145 39 33 29 30 27 27 29
546053 52 474238 36 32 31 37 38 33
52 55 55 5751 40 36 35 34 32 36 39 31
46 50 5656 49 41 36 34 37 35 33 34 30
42 44 48 464237 34 34 37 37 33 34 32
41 38 38 37 3533 30 31 36 34 32 33 32
36 34 32 31 3027 26 28 31 31 28 28
33 32 30 30 29 27 25 27 30 272421
29 28 30 31 31 29 26 26 28 2722
27 25 27 30 31 28 25 24 25 24
27 28 27 29 29 28 25 22 21
26 31 32 29 31 31 28 21
28 29 27 28 30
C8
C7
A4B4
58'
161'
58'
47'
157'
30'
45'
30'
100'
237'
240'
93'
B1
A1
SCALE IN FEET 1 : 80
0' 80' 160'
Equipment List For Areas Shown
Pole Luminaires

QTY LOCATION SIZE GRADE

ELEVATION

MOUNTING

HEIGHT LUMINAIRE TYPE QTY/POLE THIS
GRID
OTHER
GRIDS
1 A1 70' 1' 71' TLC-LED-1200 3/2* 2 3
71' TLC-LED-900 1/1* 1 1
16' TLC-BT-575 2 1 1
1 A4 80' 1' 81' TLC-LED-1200 2/1* 2 1
81' TLC-LED-900 1/2* 1 2
16' TLC-BT-575 2 1 1
1 B1 80' 1' 81' TLC-LED-1200 2/4* 4 2
81' TLC-LED-1500 3 0 3
16' TLC-BT-575 2 1 1
1 B4 80' 1' 81' TLC-LED-1200 4/5* 4 5
18' TLC-BT-575 1 0 1
16' TLC-BT-575 1 1 0
2 C7-C8 80' 1' 81' TLC-LED-1200 2 2 0
81' TLC-LED-900 1 1 0
16' TLC-BT-575 2 2 0
6 Totals 49 28 21
*This structure utilizes a back-to-back mounting configuration Terwinkle Park LED Retrofit
Grid Summary
Name Softball A
Size 250'/250'/250' - basepath 60'
Spacing 20.0' x 20.0'
Height 3.0' above grade
Illumination Summary

MAINTAINED HORIZONTAL FOOTCANDLES
Infield Outfield
Guaranteed Average 50 30
Scan Average 50.29 30.83
Maximum 60 42
Minimum 42 21
Avg/Min 1.20 1.48
Guaranteed Max/Min 2 2.5
Max/Min 1.42 2.00
UG (adjacent pts) 1.28 1.37
CU 0.61
No. of Points 25 119

LUMINAIRE INFORMATION
Applied Circuits B
No. of Luminaires 28
Total Load 26.84 kW
Pole location(s) dimensions are relative
to 0,0 reference point(s)
Guaranteed Performance: The ILLUMINATION described above is guaranteed per your Musco Warranty document and
includes a 0.95 dirt depreciation factor.

Field Measurements: Individual field measurements may vary from computer-calculated predictions and should be taken in accordance with IESNA RP-6-15.

Electrical System Requirements: Refer to Amperage
Draw Chart and/or the "Musco Control System Summary"
for electrical sizing.

Installation Requirements: Results assume ± 3%
nominal voltage at line side of the driver and structures located within 3 feet (1m) of design locations.

TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
705

ILLUMINATION SUMMARY
Not to be reproduced in whole or part without the wri Ʃen consent of Musco Sports LighƟng, LLC. ©1981, 2023 Musco Sports LighƟng, LLC.

ENGINEERED DESIGN By: E.Gray • File #215836B • 28-Aug-23 53 50
51 54
49 46
37 35
37 30
29 29
28 51
62 61
58 52
45 37
33 33
30 32
32 30
22 49
56 63
60 52
40 33
30 29
29 32
32 29
22 41
49 55
52 48
40 32
30 30
31 34
33 28
22 40
43 45
45 41
36 32
32 33
34 37
35 28
22 38
36 35
36 33
31 30
32 33
33 35
33 27
21 33
31 29
29 30
30 31
33 33
30 30
28 25
21 32
29 28
29 31
33 34
36 34
30 28
26 26
32 28
28 31
34 36
38 38
34 32
30 29
29 31
30 31
34 36
37 40
38 35
33 33
28 36
35 36
37 35
33 37
37 39
38 34
37 36
35 35
34 31
31 34
37 35
30 33
33 32
32 31
27 26
27 25
26 27
27 28
23 C5
C6
B3
A3
158'
31'
59'
157'
244'
158'
59'
45'
41'
30'
107'
257'
B4 A4
SCALE IN FEET 1 : 80
0' 80' 160'
Equipment List For Areas Shown
Pole Luminaires

QTY LOCATION SIZE GRADE

ELEVATION

MOUNTING

HEIGHT LUMINAIRE TYPE QTY/POLE THIS
GRID
OTHER
GRIDS
1 A3 80' 1' 81' TLC-LED-1200 1/1* 1 1
81' TLC-LED-1500 1* 0 1
81' TLC-LED-900 2/1* 2 1
16' TLC-BT-575 2 1 1
1 A4 80' 1' 81' TLC-LED-1200 2/1* 1 2
81' TLC-LED-900 1/2* 2 1
16' TLC-BT-575 2 1 1
1 B3 80' 1' 81' TLC-LED-1200 5/3* 5 3
81' TLC-LED-1500 1* 0 1
18' TLC-BT-575 1 0 1
16' TLC-BT-575 1 1 0
1 B4 80' 1' 81' TLC-LED-1200 4/5* 5 4
18' TLC-BT-575 1 1 0
16' TLC-BT-575 1 0 1
2 C5-C6 80' 1' 81' TLC-LED-1200 4 4 0
16' TLC-BT-575 2 2 0
6 Totals 50 32 18
*This structure utilizes a back-to-back mounting configuration Terwinkle Park LED Retrofit
Grid Summary
Name Softball B
Size 260'/280'/260' - basepath 60'
Spacing 20.0' x 20.0'
Height 3.0' above grade
Illumination Summary

MAINTAINED HORIZONTAL FOOTCANDLES
Infield Outfield
Guaranteed Average 50 30
Scan Average 51.11 31.95
Maximum 63 46
Minimum 40 21
Avg/Min 1.28 1.52
Guaranteed Max/Min 2 2.5
Max/Min 1.58 2.17
UG (adjacent pts) 1.23 1.40
CU 0.62
No. of Points 25 146

LUMINAIRE INFORMATION
Applied Circuits C
No. of Luminaires 32
Total Load 31.52 kW
Pole location(s) dimensions are relative
to 0,0 reference point(s)
Guaranteed Performance: The ILLUMINATION described above is guaranteed per your Musco Warranty document and
includes a 0.95 dirt depreciation factor.

Field Measurements: Individual field measurements may vary from computer-calculated predictions and should be taken in accordance with IESNA RP-6-15.

Electrical System Requirements: Refer to Amperage
Draw Chart and/or the "Musco Control System Summary"
for electrical sizing.

Installation Requirements: Results assume ± 3%
nominal voltage at line side of the driver and structures located within 3 feet (1m) of design locations.

TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
706

ILLUMINATION SUMMARY
Not to be reproduced in whole or part without the wri Ʃen consent of Musco Sports LighƟng, LLC. ©1981, 2023 Musco Sports LighƟng, LLC.

ENGINEERED DESIGN By: E.Gray • File #215836B • 28-Aug-23 58 60 53 46 42 43 38 34 29 28 28 26
59 60 54 51 45 39 35 31 29 29 30 31 28
52 54 55 54 47 38 33 29 30 32 33 31 28
46 50 53 49 43 37 32 31 32 34 34 32 29
46 47 47 44 40 35 31 31 33 34 33 33 32
44 43 41 40 36 32 29 29 32 34 33 35 37
37 39 37 36 33 30 29 29 31 34 33 34 37
32 35 34 34 33 32 30 31 33 35 32 29 27
28 32 34 36 35 34 33 32 34 34 30 25 20
24 30 32 35 35 32 32 32 33 32 31 28
25 30 31 33 33 31 30 30 30 27 28
24 28 30 31 29 31 30 30 28 23
24 25 27 27 27 24 25 24
C4
C3
59'
155'
250'
106'
139'
240'
60'
39'
159'
62'
45'
63'
B3
A3
B2A2
SCALE IN FEET 1 : 80
0' 80' 160'
Equipment List For Areas Shown
Pole Luminaires

QTY LOCATION SIZE GRADE

ELEVATION

MOUNTING

HEIGHT LUMINAIRE TYPE QTY/POLE THIS
GRID
OTHER
GRIDS
1 A2 70' 1' 71' TLC-LED-1200 3/1* 1 3
71' TLC-LED-1500 1* 1 0
71' TLC-LED-900 1/1* 1 1
16' TLC-BT-575 2 1 1
1 A3 80' 1' 81' TLC-LED-1200 1/1* 1 1
81' TLC-LED-1500 1* 1 0
81' TLC-LED-900 2/1* 1 2
16' TLC-BT-575 2 1 1
1 B2 80' 1' 81' TLC-LED-1200 2/4* 4 2
81' TLC-LED-1500 3 0 3
18' TLC-BT-575 1 1 0
16' TLC-BT-575 1 0 1
1 B3 80' 1' 81' TLC-LED-1200 5/3* 3 5
81' TLC-LED-1500 1* 1 0
18' TLC-BT-575 1 1 0
16' TLC-BT-575 1 0 1
1 C3 80' 1' 81' TLC-LED-1200 3 3 0
81' TLC-LED-900 1 1 0
16' TLC-BT-575 2 2 0
1 C4 80' 1' 81' TLC-LED-1200 2 2 0
81' TLC-LED-1500 1 1 0
81' TLC-LED-900 1 1 0
16' TLC-BT-575 2 2 0
6 Totals 51 30 21
*This structure utilizes a back-to-back mounting configuration Terwinkle Park LED Retrofit
Grid Summary
Name Softball C
Size 240'/280'/240' - basepath 60'
Spacing 20.0' x 20.0'
Height 3.0' above grade
Illumination Summary

MAINTAINED HORIZONTAL FOOTCANDLES
Infield Outfield
Guaranteed Average 50 30
Scan Average 50.28 31.67
Maximum 60 44
Minimum 40 20
Avg/Min 1.27 1.55
Guaranteed Max/Min 2 2.5
Max/Min 1.52 2.14
UG (adjacent pts) 1.17 1.36
CU 0.59
No. of Points 25 132

LUMINAIRE INFORMATION
Applied Circuits D
No. of Luminaires 30
Total Load 30.14 kW
Pole location(s) dimensions are relative
to 0,0 reference point(s)
Guaranteed Performance: The ILLUMINATION described above is guaranteed per your Musco Warranty document and
includes a 0.95 dirt depreciation factor.

Field Measurements: Individual field measurements may vary from computer-calculated predictions and should be taken in accordance with IESNA RP-6-15.

Electrical System Requirements: Refer to Amperage
Draw Chart and/or the "Musco Control System Summary"
for electrical sizing.

Installation Requirements: Results assume ± 3%
nominal voltage at line side of the driver and structures located within 3 feet (1m) of design locations.

TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
707

ILLUMINATION SUMMARY
Not to be reproduced in whole or part without the wri Ʃen consent of Musco Sports LighƟng, LLC. ©1981, 2023 Musco Sports LighƟng, LLC.

ENGINEERED DESIGN By: E.Gray • File #215836B • 28-Aug-23 C2
C1
B1
A1
B2A2
C8
C7
B4 A4
C5
C6
B3
A3
C4
C3

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.1

0.1 0.1

0.1 0.1

0.1 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0
SCALE IN FEET 1 : 200
0' 200' 400'
Terwinkle Park LED Retrofit
Grid Summary
Name Spill
Spacing 30.0' x 10.0'
Height 3.0' above grade
Illumination Summary

MAINTAINED HORIZONTAL FOOTCANDLES
Entire Grid
Scan Average 0.0212
Maximum 0.13
Minimum 0.00
CU 0.00
No. of Points 46

LUMINAIRE INFORMATION
Applied Circuits A,B,C,D
No. of Luminaires 130
Total Load 133.32 kW
Pole location(s) dimensions are relative
to 0,0 reference point(s)
Guaranteed Performance: The ILLUMINATION described above is guaranteed per your Musco Warranty document and
includes a 0.95 dirt depreciation factor.

Field Measurements: Individual field measurements may vary from computer-calculated predictions and should be taken in accordance with IESNA RP-6-15.

Electrical System Requirements: Refer to Amperage
Draw Chart and/or the "Musco Control System Summary"
for electrical sizing.

Installation Requirements: Results assume ± 3%
nominal voltage at line side of the driver and structures located within 3 feet (1m) of design locations.

TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
708

ILLUMINATION SUMMARY
Not to be reproduced in whole or part without the wri Ʃen consent of Musco Sports LighƟng, LLC. ©1981, 2023 Musco Sports LighƟng, LLC.

ENGINEERED DESIGN By: E.Gray • File #215836B • 28-Aug-23 C2
C1
B1
A1
B2A2
C8
C7
B4 A4
C5
C6
B3
A3
C4
C3

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.1

0.1 0.2

0.2 0.3

0.3 0.3

0.2 0.1

0.1 0.1

0.1 0.2

0.1 0.1

0.1 0.1

0.0 0.0

0.0 0.0

0.0 0.0

0.0 0.0
SCALE IN FEET 1 : 200
0' 200' 400'
Terwinkle Park LED Retrofit
Grid Summary
Name Spill
Spacing 30.0' x 10.0'
Height 3.0' above grade
Illumination Summary

MAINTAINED MAX VERTICAL FOOTCANDLES
Entire Grid
Scan Average 0.0635
Maximum 0.31
Minimum 0.00
CU 0.00
No. of Points 46

LUMINAIRE INFORMATION
Applied Circuits A,B,C,D
No. of Luminaires 130
Total Load 133.32 kW
Pole location(s) dimensions are relative
to 0,0 reference point(s)
Guaranteed Performance: The ILLUMINATION described above is guaranteed per your Musco Warranty document and
includes a 0.95 dirt depreciation factor.

Field Measurements: Individual field measurements may vary from computer-calculated predictions and should be taken in accordance with IESNA RP-6-15.

Electrical System Requirements: Refer to Amperage
Draw Chart and/or the "Musco Control System Summary"
for electrical sizing.

Installation Requirements: Results assume ± 3%
nominal voltage at line side of the driver and structures located within 3 feet (1m) of design locations.

TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
709

EQUIPMENT LAYOUT
Not to be reproduced in whole or part without the wri Ʃen consent of Musco Sports LighƟng, LLC. ©1981, 2023 Musco Sports LighƟng, LLC.

ENGINEERED DESIGN By: E.Gray • File #215836B • 28-Aug-23 Terwinkle Park LED Retrofit
Equipment Layout
INCLUDES:
· Baseball
· Softball A
· Softball B
· Softball C
Electrical System Requirements: Refer to Amperage
Draw Chart and/or the "Musco Control System Summary"
for electrical sizing.

Installation Requirements: Results assume ± 3%
nominal voltage at line side of the driver and structures located within 3 feet (1m) of design locations.

Equipment List For Areas Shown
Pole Luminaires

QTY LOCATION SIZE GRADE

ELEVATION

MOUNTING

HEIGHT LUMINAIRE TYPE QTY/POLE
1 A1 70' 1' 71' TLC-LED-900 1/1*
71' TLC-LED-1200 3/2*
16' TLC-BT-575 2
1 A2 70' 1' 71' TLC-LED-1500 1*
71' TLC-LED-900 1/1*
16' TLC-BT-575 2
71' TLC-LED-1200 3/1*
1 A3 80' 1' 81' TLC-LED-1500 1*
81' TLC-LED-900 2/1*
16' TLC-BT-575 2
81' TLC-LED-1200 1/1*
1 A4 80' 1' 81' TLC-LED-900 1/2*
16' TLC-BT-575 2
81' TLC-LED-1200 2/1*
1 B1 80' 1' 81' TLC-LED-1200 2/4*
81' TLC-LED-1500 3
16' TLC-BT-575 2
1 B2 80' 1' 81' TLC-LED-1200 2/4*
81' TLC-LED-1500 3
18' TLC-BT-575 1
16' TLC-BT-575 1
1 B3 80' 1' 81' TLC-LED-1200 5/3*
81' TLC-LED-1500 1*
18' TLC-BT-575 1
16' TLC-BT-575 1
1 B4 80' 1' 81' TLC-LED-1200 4/5*
18' TLC-BT-575 1
16' TLC-BT-575 1
2 C1-C2 80' 1' 81' TLC-LED-1200 3
81' TLC-LED-1500 4
16' TLC-BT-575 2
1 C3 80' 1' 81' TLC-LED-900 1
16' TLC-BT-575 2
81' TLC-LED-1200 3
1 C4 80' 1' 81' TLC-LED-1200 2
81' TLC-LED-1500 1
81' TLC-LED-900 1
16' TLC-BT-575 2
2 C5-C6 80' 1' 81' TLC-LED-1200 4
16' TLC-BT-575 2
2 C7-C8 80' 1' 81' TLC-LED-1200 2
81' TLC-LED-900 1
16' TLC-BT-575 2
16 Totals 130
*This structure utilizes a back-to-back mounting configuration Single Luminaire Amperage Draw Chart
Driver SpeciĮcaƟons
(.90 min power factor)
Line Amperage Per Luminaire
(max draw)
Single Phase Voltage 208
(60)
220
(60)
240
(60)
277
(60)
347
(60)
380
(60)
480
(60)
TLC-BT-575 3.3 3.2 2.9 2.5 2.0 1.8 1.5
TLC-LED-1200 6.9 6.5 6.0 5.2 4.2 3.8 3.0
TLC-LED-1500 8.4 7.9 7.3 6.3 5.0 4.6 3.6
TLC-LED-900 5.2 4.9 4.5 3.9 3.1 2.9 2.3
Baseball
Irregular
C2
C1
B1
A1
B2A2
Softball A
250'/250'/250' - basepath 60'
C8
C7
B4 A4
Softball B
260'/280'/260' - basepath 60'
C5
C6
B3
A3
Softball C
240'/280'/240' - basepath 60'
C4
C3
SCALE IN FEET 1 : 100
0' 100' 200'
Pole location(s) dimensions are relative
to 0,0 reference point(s)
TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
710
System Requirements: Control System Summary
Preliminary Plans:

Confirm all details - see Note 1
Project Name: Tewinkle Park Baseball Softball LED Relight | Project #: 215836 Control System ID: 1 of 1
Distribution Panel Location/ID: Tewinkle Park Baseball Softball Project Information
Control System
Control System ID: 1 of 1
Control System Type: Control-Link ® Control and Monitoring System
Communication Type: PowerLine-ST
Power Requirements
Control cabinet(s):

Control voltage (phase to neutral) 120/60
VA loading - Inrush 6453.0
VA loading - Sealed 700.0
Lighting Circuits:

Voltage/Hertz/Phase 480/60/3
Project Notes:

PRELIMINARY CONTROL SUMMARY
480V/3P , LED C&M, Powerline.

Equipment Listing
Description Qty Size (in)
Control and monitoring cabinet -
primary
1 24 X 72
Control and monitoring cabinet -
secondary
1 24 X 72
Important Notes:

1. Please confirm that the lighting circuit voltage listed above is accurate for this facility. This is the voltage/phase being connected and utilized at each lighting pole's electrical components enclosure disconnect. Inaccurate voltage/phase can result in additional costs and delays. Contact your Musco sales representative to confirm this item.

2. In a 3 phase design, all 3 phases are to be run to each pole location. Musco's single phase luminaires come pre-wired to utilize all 3 phases across the entire facility.

3. One contactor is required for each circuit at each pole location. Contactors are 3 pole and 100% rated for the published continuous load.

4. If the lighting system will be fed from more than one distribution location, additional equipment may be required. Contact your Musco sales representative.

5. Size overcurrent devices using the full load amps column of the Circuit Summary by Switch chart (Minimum power factor is

0.9). Size conduit per code unless otherwise specified as larger to allow for harness connectors.

6. Avoid use of in-ground junction/pull boxes when possible. If used, all wire connectors must be UL listed for Wet Locations to prevent leakage current.

7. Control power wiring must be in separate conduit from line or load power wiring. Communication cables must be in separate conduit from any power wiring.

8. Refer to Installation Instructions for more details on equipment information and the installation requirements.

Sales Representative: Karin Anderson | Project Engineer: Evan Gray | Scan: 215836B | Document ID: 215836P1V1-0828114910 www.musco.com | [email protected]

TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
711
System Requirements: Control System Summary
Project Name: Tewinkle Park Baseball Softball LED Relight | Project #: 215836 Control System ID: 1 of 1
Distribution Panel Location/ID: Tewinkle Park Baseball Softball Equipment Layout and Connection Details
Connection Details
ID Description
1a Line power to contactors, and equipment grounding conductor. Requires one circuit per contactor, size wiring per load and voltage drop. 1b Load power from contactors, and equipment grounding conductor. Requires one circuit per contactor, size wiring per load and voltage drop. 2a Control power with equipment ground to control cabinet. Requires dedicated 20 A circuit. Provide transformer if control voltage not present. 3a Control harnesses - Secondary cabinet to primary cabinet. Harness is provided by Musco in 8-foot length. Use minimum 2 inch diameter conduit for harness connector.

Equipment
ID Description
1 Control and monitoring cabinet -
primary
2 Control and monitoring cabinet -
secondary
Sales Representative: Karin Anderson | Project Engineer: Evan Gray | Scan: 215836B | Document ID: 215836P1V1-0828114910 www.musco.com | [email protected]

TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
712
System Requirements: Control System Summary
Project Name: Tewinkle Park Baseball Softball LED Relight | Project #: 215836 Control System ID: 1 of 1
Distribution Panel Location/ID: Tewinkle Park Baseball Softball Circuit Summary
Switching Schedule
Field/Switch Description Switches
Baseball 1
Softball A 2
Softball B 3
Softball C 4
Control Module ID: 1 Lighting Circuit Voltage: 480/60/3 Circuit Summary by Switch
Switch Zone Description Pole ID Qty of
Fixtures
Full load
amperes
Contactor
Size (Amps)
Cabinet # Contactor
ID
1 Baseball A1 5 8.41 30 1 C1
Baseball A2 5 9.05 30 1 C2
Baseball B1 6 12.03 30 1 C3
Baseball B2 6 12.03 30 1 C4
Baseball C1 9 15.88 30 1 C5
Baseball C2 9 15.88 30 1 C6
2 Softball A A1 4 5.81 30 1 C7
Softball A A4 4 6.45 30 1 C8
Softball A B1 5 9.05 30 1 C9
Softball A B4 5 9.05 30 1 C10
Softball A C7 5 7.07 30 1 C11
Softball A C8 5 7.71 30 1 C12
3 Softball B A3 4 5.81 30 2 C13
Softball B A4 4 5.81 30 2 C14
Softball B B3 6 10.39 30 2 C15
Softball B B4 6 10.39 30 2 C16
Softball B C5 6 9.05 30 2 C17
Softball B C6 6 9.05 30 2 C18
4 Softball C A2 4 7 30 2 C19
Softball C A3 4 6.36 30 2 C20
Softball C B2 5 9.05 30 2 C21
Softball C B3 5 9.6 30 2 C22
Softball C C3 6 9.05 30 2 C23
Softball C C4 6 9.6 30 2 C24
Sales Representative: Karin Anderson | Project Engineer: Evan Gray | Scan: 215836B | Document ID: 215836P1V1-0828114910 www.musco.com | [email protected]

TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
713
2021 Musco Sports Lighting, LLC · M-2768-en04-1
Installation Instructions:

Light-Structure System™ Retrofit Lighting System
MKT-4150-10
TLC-LED-1200 w BT Retrofit
Cover Illustration

RWS / DMP
8 September 2021
[MKT-4150-10]
1 3
5 Upgrade to TLC for LED® with 5 Easy Pieces™
approach to system design
Poletop Luminaire Assembly
Wire Harness
Electrical Components Enclosure
Existing Galvanized Steel Pole
Existing Precast Concrete Base
5 4
3 2
1 4
2 TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
714
Installation Instructions: Light-Structure System™ Retrofit Lighting System 2 www.musco.com · [email protected]
2021 Musco Sports Lighting, LLC · M-2768-en04-1
Table of Contents
Before Y ou Begin
Safety Information ..................................................................................... 3 About These Instructions ........................................................................ 3 Standard Tools/Supplies Checklist ....................................................... 4 Electrical System Requirements ............................................................ 5 Components Matching and Labeling ................................................ 5 Documents We Provide ............................................................................ 6 Unloading Instructions ........................................................................... 7 Inspections ................................................................................................... 8 Disassembly
Overview
....................................................................................................... 9 Bolt-On Crossarm Removal ...................................................................13 Electrical Components Enclosure and BallTracker®
Luminaire
Overview
.....................................................................................................14 Assembly Procedure ................................................................................16 Installation Procedure .............................................................................21 Luminaire Attachment
Overview
.....................................................................................................24 Assembly Procedure ................................................................................24 Poletop Luminaire Assembly
Overview
.....................................................................................................27 Assembly Procedure ................................................................................27 Bolt-on Crossarms
Overview
.....................................................................................................31 Assembly Procedure ................................................................................31 Wire Harness
Overview
.....................................................................................................34 Assembly Procedure ................................................................................35 Connecting to Supply Wiring
Overview
.....................................................................................................36 Installation Procedure .............................................................................36 TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
715
Installation Instructions: Light-Structure System™ Retrofit Lighting System www.musco.com · [email protected]
2021 Musco Sports Lighting, LLC · M-2768-en04-1
3 Before Y ou Begin
Safety Information
Electrical Safety Guidelines
Use extreme caution near overhead power lines or underground utilities. Observe all safety precautions for high-voltage equipment. Only qualified personnel may perform wiring. Follow all applicable building and electrical codes.

General Safety Guidelines
Follow proper safety procedures during installation. Installers must wear the appropriate personal protective equipment including:
• Hard hat
• Steel-toed shoes
• Leather work gloves
• Eye protection
Locate all underground utilities prior to digging.

All tools and equipment supplied by Musco are designed for specific use as described in these instructions. Do not use them in any other manner. Do not alter structural members in any way, such as bend, weld, or drill, without prior authorization from Musco.

Luminaires generate up to 2.6 mA per driver on the equipment grounding conductor and are designed to meet leakage current requirements per IEC 61347-1.

The luminaires should be positioned so that prolonged staring into the luminaire at a distance closer than 12–37 m (40–121 ft) is not expected, per IEC/TR 62778. See table.

Luminaire Distance
TLC-LED-400 24 m (79 ft)
TLC-LED-550 24 m (79 ft)
TLC-BT-575 20 m (65 ft)
TLC-LED-600 24 m (79 ft)
TLC-LED-900 24 m (79 ft)
TLC-LED-1200 37 m (121 ft)
TLC-LED-1500 37 m (121 ft)
About These Instructions
These instructions give basic assembly procedures for the Light-Structure System retrofit. They are not a comprehensive guide to all possible situations. Direct any questions to your local Musco representative.

Throughout this manual note these important symbols:

The safety alert symbol alerts you of situations that
require care and caution to avoid serious personal injury.

The stop and check symbol signals you to stop and
verify conditions before proceeding.

The contact Musco symbol appears in special situations
where you may need to contact Musco for further
information.

The tip symbol points out advice that makes
installation easier.

The recycle symbol identifies rec
yclable materials.

The go-to arrow indicates a branch in a procedure for
special situations. In the case of optional equipment, the instructions may be in another document.

TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
716
Installation Instructions: Light-Structure System™ Retrofit Lighting System 4 www.musco.com · [email protected]
2021 Musco Sports Lighting, LLC · M-2768-en04-1
Before Y ou Begin
Refer to supplemental instructions provided for
additional tools required.Standard Tools/Supplies Checklist Contractor/installer supplied tools Function Page
Hammer, pry-bar, banding cutters Unloading equipment 7
Ground resistance meter Verifying existing lightning ground system 8 Angle grinder Removal of poletop luminaire assembly 12
Dead blow mallet Removal of poletop luminaire assembly 12 Two 11⁄2 ton chain-type come-alongs Jacking pole sections together 27 Large Phillips-head screwdriver Tightening captive screws to seal enclosure to pole hub 11, 16 Standard screwdriver Tightening distribution lugs, 45 A disconnect switch 10, 35 Torque wrench with 3/8, 7/16 and 9/16 in sockets Tightening luminaire retaining cable and spreader bar hardware.

Must cover a range of torque from 5 ft•lb to 40 ft•lb (6 N•m to 55 N•m) 17, 32
Torque wrench to cover the following ranges:
60 in•lb (6.8 N•m) to 120 in•lb (13.6 N•m)
16 ft•lb (21.7 N•m) to 40 ft•lb (54.2 N•m)
Proper torquing of fasteners
17 – 32
Electrical fish tape, electrician’s tape Feeding wire harness through pole 17 Spray paint, chalk, or flags Marking points to sight in aiming 28 10 ft (3 m) stepladder or small line truck Connecting supply wires to electrical enclosure 34, 35 Musco supplied tools Function Page
9/16 in wrench Tightening poletop set screw, pole cap fastener, enclosure hanger bolt , and spreader bar hardware
11 – 32
11/16 in socket, extension, breaker bar, and 11/16 in wrench Tightening structural fasteners 13, 31 7/16 in ratcheting combination wrench Tightening captive bolts to secure luminaire assembly 26 5/32 in hex key Attaching handhole covers on base and steel pole 33, 35 3/16 in hex key Attaching grounding conductors inside electrical enclosure 35 5/16 in hex key Attaching grounding conductors inside pole at handhole 35 5 mm hex key Landing primary feed wires on 125 A disconnect switch 35 Dishwashing liquid (original Dawn®, ECOS® Pro, or
DIAO
™ brand)
Lubricating pole slip-fit connections 27
Machinery needed Function Page
Crane or forklift with nylon strapping and 8 ft (2.5 m) sling (sized to weight of poletop luminaire assembly)
Unloading materials, poletop assembly
7, 11 – 13,
21, 27
Manlift or bucket truck Poletop setting and removal, enclosure setting and removal 7, 11 – 13, 21, 27
Load-rated crane, nylon slings, and shackles Setting poletops 9 – 13, 21 – 23, 25 – 35
Documents Y ou Need
❏ Musco Pole Assembly Drawing
❏ Field Aiming Diagram
❏ Control System Summary
If you do not have all of these documents, contact your local Musco representative.

TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
717
Installation Instructions: Light-Structure System™ Retrofit Lighting System www.musco.com · [email protected]
2021 Musco Sports Lighting, LLC · M-2768-en04-1
Before Y ou Begin
5 F1
Poletop luminaire assembly
Luminaire
BallTracker®
luminaire
Wire harness
Electrical components enclosure
Electrical System Requirements
A qualified electrician must handle the electrical supply installation and hook-up in accordance with national, state, and local codes. Your electrician should review this information before installation begins.

Ensure supply wiring is rated for 90°C. Review the label inside the electrical components enclosure door and Control System Summary for voltage and phase requirements.

Always dispose of electronic waste in accordance with all applicable laws and regulations.

Components Matching and Labeling
Pole locations are identified by a pole ID (A1, A2, B1, B2, etc.) on the Field Aiming Diagram. These IDs are also marked on the individual components:
• Poletop luminaire assemblies, bolt-on crossarms, and luminaire shipping cartons • Wire harnesses
• Electrical components enclosures
TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
718
Installation Instructions: Light-Structure System™ Retrofit Lighting System 6 www.musco.com · [email protected]
2021 Musco Sports Lighting, LLC · M-2768-en04-1
Before Y ou Begin
Documents We Provide
Field Aiming Diagram
The Field Aiming Diagram is your map for locating all poles on your project. It gives this information:
• Pole IDs, locations, and heights
• Luminaire IDs
• Common aiming point for all poles, or individual aiming points for each pole
• Full load current for each luminaire
Control System Summary
Projects with a control system include a Control System Summary. It gives this information:
• Control system diagram and details
• Contactors and cabinets
• Lighting circuits
• Voltage, phase, and frequency
• Full load current for each circuit
Musco Pole Assembly Drawing
This drawing provides information related to the installation of the poletop luminaire assembly.
• Poletop or crossarm weight
• Poletop luminaire assembly minimum overlaps

F OUNDAT ION AND P OL E AS S E MB L Y DR AW ING
Illinois C ollege F ootball - J ac ks onville, IL , US A Date: 08/21/2014 S c ale: N/A
R ep: B rian Hartman P age: 1 of 1
P rojec t: 116537 P roduc tion
C opyright 2014 Mus co S ports Lighting, LLC . Not to be reproduced in whole or part without the written cons ent of Mus co S ports Lighting, LLC .

T AB LE 1: P OLE AS S E MB LY
P OLE
ID

MOUNT ING

HE IG HT
ft (m)
# OF

LUMINAIR E S

AS S E MB LE D
P OLE W E IG HT 3
lb (kg)

OV E R LAP DIME NS IONS
in (mm)

A B C D E
F 1 70 (21.3) 13 3559 (1614) S ee Note 1 33 (829) N/A N/A 24 (614) F 2 70 (21.3) 13 3492 (1584) S ee Note 1 33 (829) N/A N/A 24 (603) F 3 70 (21.3) 11 2547 (1155) S ee Note 1 29 (729) N/A N/A 20 (520) F 4 70 (21.3) 11 2547 (1155) S ee Note 1 29 (729) N/A N/A 20 (520) P ole As s embly Notes :

1. S teel pole s hould overlap concrete bas e and be s eated tight with 1 1/2 ton come-alongs (contractor provided).

2. Align weldmarks on s teel s ections before as s embling.

3. As s embled pole weight includes s teel s ections , cros s arms , luminaires , and electrical components enclos ures .

4. T his document is not intended for us e as an as s embly ins truction. S ee Ins tallation Ins tructions : Light-S tructure G reen Lighting S ys temT M for complete as s embly procedure.

T AB LE 2: F OUNDAT ION DE T AILS
P OLE
ID

C ONC R E T E

B AS E W E IG HT
lb( kg)
B UR IAL INF OR MAT ION 3,4
F
in (mm)
G
ft (m)
C ONC R E T E B AC K F ILL 1,2
yd3 ( m 3)
C UT
B AS E
LIG HT NING G R OUND 5

T Y P E

S UP P LE ME NT AL

INS T R UC T ION
F 1 5250 (2381) P E R S T AMP E D S T R UC T UR AL DE S IG N NO INT E G R AT E D 6 F 2 5250 (2381) P E R S T AMP E D S T R UC T UR AL DE S IG N Y E S C ONC R E T E E NC AS E D 7
M-1519-E NUS -1
F 3 3780 (1715) P E R S T AMP E D S T R UC T UR AL DE S IG N NO INT E G R AT E D 6 F 4 3780 (1715) P E R S T AMP E D S T R UC T UR AL DE S IG N NO INT E G R AT E D 6 F oundation Notes :

1. C oncrete backfill is calculated to 2 ft (0.6m) below grade (no overage included). T op 2 ft (0.6m) to be clas s 5 s oil compacted to 95% dens ity of s urrounding undis turbed s oil unles s otherwis e s pecified in s tamped s tructural des ign.

2. C oncrete backfill required 3000 lb/in 2 (20 MP a) minimum unles s otherwis e s pecified in s tamped s tructural des ign.

3. F oundation des ign per 2009 IB C ,90 ,expos ure category C ,variation S T D.

4. As s umes IB C clas s 5 s oils .

5. S tandard bas es include integrated lightning protection. If bas es are cut, s upplemental lightning protection is required.

C ontact Mus co for materials and ins truction.

6. Lightning protection is a manufacturer ins talled concrete encas ed electrode and connector. G round c onnection is made when concrete bas e is ins talled and footing is poured. No additional s teps required.

7. Manfacturer s upplied grounding electrode is ins talled by contractor in pole footing prior to pouring. F inal connection is made after pole as s embly.

SEE

DETAIL A
E
B (if required)
weldmark
C (if required)
D (if required)
A
F
G
2 ft
(0.6 m)

DETAIL A

DETAIL B
SEE

DETAIL B

INTEGRATED

LIGHTNING
GROUND 5, 6
TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
719
Installation Instructions: Light-Structure System™ Retrofit Lighting System www.musco.com · [email protected]
2021 Musco Sports Lighting, LLC · M-2768-en04-1
Before Y ou Begin
7 Unloading Instructions
A typical shipment includes electrical components enclosures, wire harnesses, and poletop luminaire assemblies with
luminaires.

For ease of installation, set all matched components by the proper pole location as noted on the Field Aiming
Diagram.

Tools/Materials Needed
❏ Crane with nylon web sling or forklift (load rated)
❏ Hammer
❏ Pry bar
❏ Banding cutters
Warning
Crushing hazard.

Do not cut shipping bands or remove blocking
from equipment until it is supported by unloading
equipment.
• Check bill of lading to verify you have all materials. • Inspect all materials for shipping damage.
• Store electrical components enclosures and luminaires in a dry location or cover with tarp until ready to install.

If additional information is needed, contact your local Musco representative.

Please recycle.

Luminaires, wire harnesses, and other components are
shipped in recyclable cardboard packaging.

TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
720
Installation Instructions: Light-Structure System™ Retrofit Lighting System 8 www.musco.com · [email protected]
2021 Musco Sports Lighting, LLC · M-2768-en04-1
Before Y ou Begin
Inspections
A qualified inspector must examine the base and pole
sections for damage or prior field modifications.

Repair grout on baseplate poles (if necessary).

If pole is equipped with an external ground rod, test
earth ground connection of pole. If greater than
25 ohms, install additional ground rod and retest.

Repeat until < 25 ohms.

To the extent possible, inspect power supply wiring for good condition. Leakage current should not exceed
20 mA.

Notify your local Musco representative if concerns are
identified with any of these items.

1 2
3 4
Grout
Anchor bolts
[MKT-4812]
TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
721
Installation Instructions: Light-Structure System™ Retrofit Lighting System www.musco.com · [email protected]
2021 Musco Sports Lighting, LLC · M-2768-en04-1
9 Disassembly
Overview
Remove the existing equipment to be replaced: electrical components enclosures, wire harness, and poletop luminaire assembly (or bolt-on crossarms).

Tools/Materials Needed
Musco Supplied (For bolt-on crossarms.)
❏ 11/16 in socket, ¾ in drive
❏ Breaker bar, ¾ in drive
❏ 4 in extension, ¾ in drive
❏ 11/16 in wrench
Contractor Supplied
❏ 9/16 in wrench, 9/16 in socket and ratchet
❏ Angle grinder with metal cutting wheel
❏ Crane and slings to support poletop luminaire assembly ❏ Dead blow hammer
❏ Ratchet, ¾ in drive
TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
722
Installation Instructions: Light-Structure System™ Retrofit Lighting System 10 www.musco.com · [email protected]
2021 Musco Sports Lighting, LLC · M-2768-en04-1
Disassembly
In electrical components enclosure, disconnect pole
harness from enclosure harness. Feed end of pole
harness into pole interior. Cut off connector if necessary.

Warning
Risk of electrical shock
Ensure all circuits are disconnected before proceeding
Disconnect electrical supply wiring and equipment
grounding conductor.

Remove wire harnesses between top, middle, and
bottom boxes.

Remove wiring between stacks.
1 2
23 4
TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
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Disassembly
11 Using 9/16 in wrench and Phillips screwdriver, loosen enclosure hanger bolts, and captive hub screws.

Using a crane and sling, remove enclosures from the
stack, starting at the top.

Caution
Electrical components enclosures are heavy.

Enclosures may weigh up to 225 lb (102 kg). Lift with
caution.

Disconnect middle wire support grip on poles greater
than 80 ft (24.5 m).

Leave the pole harness connected to the poletop
luminaire assembly. It will pull out as the poletop is
removed.
5 6
7 Captive screws
/nine.numerator/uni2215/one.denominator/six.denominator in TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
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Disassembly
Determine if entire poletop luminaire assembly
(welded crossarms) or crossarms only (bolted
crossarms) will be replaced.

If replacing bolt-on crossarms, skip to Bolt-on Crossarm Removal.

Using 9/16 in wrench, loosen set screw.

Use crane to sling around the top crossarm and
provide a slight separating force to the poletop.

Warning
Crushing hazard.

Do not attempt to "pop off" the poletop using the
crane only as the high separating forces can cause an
uncontrolled separation and potential injury.

Use an angle grinder to make a relief cut in the overlap area of the poletop luminaire assembly. Do not
damage the pole section underneath the poletop.

Tap on the poletop with a dead blow mallet until it
begins to move and separate.
8 9
10 11
12 Angle grinder Dead blow mallet
Set screw
/nine.numerator/uni2215/one.denominator/six.denominator in TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
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2021 Musco Sports Lighting, LLC · M-2768-en04-1
Disassembly
13 Bolt-On Crossarm Removal
Use crane and sling to support crossarm.

Use supplied breaker bar, 11/16 in socket, extension, and wrench to remove crossarm retaining bolts.
1 2
1/one.numerator/uni2215/one.denominator/six.denominator in TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
726
Installation Instructions: Light-Structure System™ Retrofit Lighting System 14 www.musco.com · [email protected]
2021 Musco Sports Lighting, LLC · M-2768-en04-1
Electrical Components Enclosure and BallTracker® Luminaire Overview
The electrical components enclosure is factory-wired and tested. It contains essential electrical components of the lighting system in an accessible location.

MKT-2837-4_A
Schiederwerks 2 LED,

ECE CABINET LAYOUT
RWS
1 May 2015
Pole identi/f_ication label
(on front)
Hanger with bolt
Wire access hole
Wire access hole
with captive screws
Tools/Materials Needed
Musco Supplied
❏ 1⁄2 and 9/16 in offset combination wrenches
❏ Snips
❏ Field Aiming Diagram
Contractor Supplied
❏ Torque wrench with 1⁄2 and 9/16 in sockets
❏ Large Phillips-head screwdriver
❏ Measuring tape
❏ Marker
❏ 10 ft (3 m) stepladder or small line truck
Consult project documents to determine if your
enclosures will mount on existing hangers or if new
mounting bracket has been provided.

TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
727
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Electrical Components Enclosure and BallTracker® Luminaire 15 MKT-4951-2_A
Light Structure System Retrofit

RWS / DMP
19 August 2021
[MKT-4951-2_A]
(If present)
(If present)
Option for square pole
Round pole option (shown)
Mounting tube
Strap assembly
Strap bracket
Strap assembly
Strap bracket
Bracket arm
extension
Mounting tubes are marked with pole ID. One strap
assembly and one strap bracket required per mounting
arm (as shown).

Round Pole Strap Selection
Diameter Round Pole
Strap Length
0 – 17 in (0 – 432 mm) 45 in (1143 mm)

17.01 – 22 in (432 – 559 mm) 60 in (1524 mm)

22.01 – 28 in (559 – 711 mm) 78 in (1981 mm)

28.01 – 34 in (711 – 864 mm) 96 in (2438 mm)

34.01 – 40 in (864 – 1016 mm) 114 in (2896 mm)

40.01 – 46 in (1016 – 1168 mm) 132 in (3353 mm)
Square Pole Strap and Bracket Selection
Width Strap Length Bracket Arm
Extension Width
0 – 12 in (0 – 304 mm) 45 in (1143 mm) 14 in (356 mm)

12.01 – 16 in (304 – 406 mm) 60 in (1524 mm) 18.5 in (470 mm)

16.01 – 20 in (406 – 508 mm) 78 in (1981 mm) 22.5 in (572 mm)

20.01 – 24 in (508 – 610 mm) 96 in (2438 mm) 26.5 in (673 mm)

24.01 – 28 in (610 – 711 mm) 114 in (2896 mm) 30.5 in (775 mm) TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
728
Installation Instructions: Light-Structure System™ Retrofit Lighting System 16 www.musco.com · [email protected]
2021 Musco Sports Lighting, LLC · M-2768-en04-1
Electrical Components Enclosure and BallTracker® Luminaire Verify pole ID on electrical components enclosure
matches pole location on Field Aiming Diagram.

Assembly Procedure
Caution
Electrical components enclosures are heavy.

Electrical components enclosure may weigh up to 65 lb
(30 kg). Lift carefully with two people to avoid injury.

Mount bottom enclosure on tube. Align wire access
hole with hub. Tighten captive screw using Phillips-
head screwdriver. Tighten hanger bolt with 9/16 in
wrench.

Mount middle and/or top enclosures. Align access hole
with hub and slide box onto hanger bracket. Tighten
hanger bolt with 9/16 in wrench.
1 2
Captive screws
Hanger bolt
/nine.numerator⁄/one.denominator/six.denominator in
Hanger bolt
/nine.numerator⁄/one.denominator/six.denominator in
Hanger bolt
/nine.numerator⁄/one.denominator/six.denominator in
TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
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Electrical Components Enclosure and BallTracker® Luminaire 17 If pole includes a BallTracker® luminaire, attach bracket using ¾ in socket and torque wrench. Tighten captive
bolts to 40 ft•lb (54 N•m).

Position crossarm near poletop, and feed crossarm wire
harness through hole in center of poletop plate.

Route crossarm wire harness to upper handhole for
connection to pole harness.

Ensure crossarm wire harness is not pinched between
mating plates.

Attach luminaire using 7/16 in wrench. Tighten captive
screws until fully tight. Do not exceed 20 ft•lb (27 N•m).

Pull BallTracker® wire harness through tube.

Feed bottom of harness into enclosure hub.

Fish all pole wire harnesses between poletop and
appropriate electrical components enclosure(s). Use
handholes to access tube and aid in routing pole
harness. Ensure protective sleeve extends through
access hub and tuck harnesses behind subpanel.

Attach support grips at top handhole.

Mate quick-connectors at poletop and inside electrical
components enclosure(s). Match driver/luminaire IDs.
3 4
5 6
7 8
9 /seven.numerator⁄/one.denominator/six.denominator in
20 ft•lb max
(27 N•m)
¾ in
40 ft•lb max
(54 N•m)
Insert
Pivot
Connectors
TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
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2021 Musco Sports Lighting, LLC · M-2768-en04-1
Electrical Components Enclosure and BallTracker® Luminaire Only qualified personnel may perform wiring. Route
wires as shown, but leave the final connections for your electrician.

Route driver harnesses from top and middle enclosures
to bottom enclosure and plug into connector mounted
in bracket.

Route equipment grounding conductor and enclosure
harnesses from top and middle enclosures to bottom
enclosure.
10 11
Driver harness
Connector
Equipment grounding
conductor
(green/yellow)
Enclosure harness
Driver harnesses
from upper enclosures
Enclosure harnesses
from upper enclosures
Equipment grounding
conductors from
upper enclosures
Electrical
components
enclosure
TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
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2021 Musco Sports Lighting, LLC · M-2768-en04-1
Electrical Components Enclosure and BallTracker® Luminaire 19 Skip Step 9–10 if controller not present
Pull communication cables down from top and middle
boxes and plug into controller in enclosure below as
shown.

Connections between stacks must be done after stacks
are mounted on the pole.
12 MKT-4187-3
Controller Wiring

MMR/RWS
30 Sept 2020
[MKT-4187-3]
Circuit A Circuit A Circuit B
Communication
Module
Termination
Plug
Termination
Plug
Controller
Controller Equipment grounding
conductors from
upper enclosures
TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
732
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2021 Musco Sports Lighting, LLC · M-2768-en04-1
Electrical Components Enclosure and BallTracker® Luminaire Skip Step 10 if emergency egress lighting dimming
override relay board is not present.

Pull power monitoring cable from dimming override
relay board in top and middle enclosures down to
bottom enclosure and land black wire on terminal
block M1 and blue/white wire on terminal block M2.
713
MKT-4877
Emergency Circuit Wiring
RWS
6 October 2020
[MKT-4877]
Emergency
Circuit
Dimming override
relay board
Power monitoring
cable
TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
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Installation Instructions: Light-Structure System™ Retrofit Lighting System www.musco.com · [email protected]
2021 Musco Sports Lighting, LLC · M-2768-en04-1
Electrical Components Enclosure and BallTracker® Luminaire 21 Installation Procedure
Verify pole ID on electrical components enclosure
matches pole location on Field Aiming Diagram.

Sling enclosure stack under the welded arm for
strapping connections (not under the BallTracker
luminaire crossarm) and lift enclosure stack.

Align hub on tube with pole hub.

Enclosure stacks that are not mounted on a pole hub
will include cover plates for tube opening. Ensure these plates are installed.

BallTracker® luminaires should face the field. If pole hub does not face the field, contact your Project Engineer
or local Musco representative.
1 2
Align hubs
TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
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2021 Musco Sports Lighting, LLC · M-2768-en04-1
Electrical Components Enclosure and BallTracker® Luminaire Cut straps to required length. Pull tight around pole
and trim excess within 1 in (25 mm) of strap bracket.

Cut across square holes, not between them.

Attach brackets to pole. Torque 5/16 in strap bracket
hardware A to 12 ft•lb (16 N•m) using 1⁄2 in socket and torque wrench. Torque all 3/8 in tensioning nuts B to
20 ft•lb (27 N•m) using 9/16 in socket and torque wrench.

Caution
Falling equipment hazard
Ensure you meet torque values specified on all
tensioning hardware.

If tensioning bolt is fully seated and strap is not yet tight, trim strap at next set of holes and repeat step 4. 3 4
MKT-4950-2
SC Lighting System Tube Closeup

RWS / DMP
9 August 2021
A
B
[MKT-4950-2]
Lorem ipsum
/nine.numerator⁄/one.denominator/six.denominator in
20 ft•lb
(27 N•m)
/one.numerator⁄/two.denominator in
12 ft•lb
(16 N•m)
Bracket
Strap
Tensioning
bolt
Strap
bracket
TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
735
Installation Instructions: Light-Structure System™ Retrofit Lighting System www.musco.com · [email protected]
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Electrical Components Enclosure and BallTracker® Luminaire 23 Repeat steps 3 and 4 for back-to-back or multiple
stacks.

Use 11/4 in hubs provided to run flex conduit between
electrical component enclosure stacks.
5 6
TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
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2021 Musco Sports Lighting, LLC · M-2768-en04-1
Luminaire Attachment
Assembly Procedure
Verify pole ID on luminaire cartons matches pole and
location on Field Aiming Diagram.

Remove and discard orange protective caps from
luminaire knuckle and mounting plate that cover
electrical connections. Do not remove orange tag
around captive bolts.

Note: The luminaire style may vary from what is shown.

Warning
Rotation may be required to assemble all luminaires
onto the poletop luminaire assembly. Do not stand
under poletop when lifting. Steady with two people
holding crossarms. Allow for poletop to safely rotate
around when it is high enough for crossarms to clear
the ground.

Caution
Equipment Damage
Properly support poletop to ensure luminaires do not
get damaged.
71 Overview
Luminaires are factory built and shipped in individual cartons. They are aimed in the factory and ready for installation. Do not disassemble knuckle.

Tools/Materials Needed
Musco Supplied
❏ 7/16 in ratcheting combination wrench
Leave luminaires in box until ready to assemble. Keep
protective cover on luminaire until ready to set pole.

Do not leave luminaires unassembled from crossarm in
wet conditions.

Contractor Supplied:
❏ Torque wrench with 7/16 in socket
F3 1
REMOVE

REMOVEREMOVE
Luminaire ID
Pole ID
Orange
protective
cap
TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
737
Installation Instructions: Light-Structure System™ Retrofit Lighting System www.musco.com · [email protected]
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Luminaire Attachment
25 Caution
Luminaire may be heavy. Lift carefully
with two people to avoid injury.

MKT-2980-5
TLC-LED-1200
Install Luminaire
RWS
19 September 2019
Mounting plate
Back of knuckle
Temporary
protective cover
Insert
Pivot
Match luminaire ID to crossarm and install luminaire
onto mounting plate. Insert back of knuckle into
mounting plate and pivot into position.

Note: The luminaire style may vary from what is shown.
72 Luminaire Weight
TLC-LED-400 40 lb (18 kg)
TLC-LED-550 25 lb (11 kg)
TLC-BT-575 34 lb (15 kg)
TLC-LED-600 40 lb (18 kg)
TLC-LED-900 40 lb (18 kg)
TLC-LED-1200 45 lb (20 kg)
TLC-LED-1500 67 lb (30 kg)
TLC-RGB-U 20 lb (9 kg)
TLC-RGBW 40 lb (18 kg)
TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
738
Installation Instructions: Light-Structure System™ Retrofit Lighting System 26 www.musco.com · [email protected]
2021 Musco Sports Lighting, LLC · M-2768-en04-1
Luminaire Attachment
Tighten captive mounting bolts. Orange tag will
break loose before all bolts are fully tight - continue tightening. Torque must not exceed 20 ft•lb (27 N•m).

To avoid overtightening, use provided 7/16 in
combination wrench.

Warning
Luminaire may fall if bolts are not tight.

Do not remove tag before tightening bolts.

Attach luminaire retaining cable (if present). Route
luminaire cable through crossarm anchor point,
through luminaire block, and back through the block
under the set screw. Luminaire attachment point will
vary per luminaire design.

Using 7/16 in socket and torque wrench, tighten cable
set screw to 60 in•lb (6.8 N•m).
73 74
5 Luminaire attachment point
(Factory-installed, design varies by luminaire)
Crossarm
attachment point
Captive mounting
bolts
/seven.numerator⁄/one.denominator/six.denominator in
TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
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27 If pole utilizes bolt-on bars, skip to next section. See Musco Pole Assembly Drawing.

Assembly Procedure
Verify pole ID on each poletop luminaire assembly
matches pole location on Field Aiming Diagram. Pole ID is labeled on crossarm.

Plot and mark aiming point(s) on field. Refer to Field
Aiming Diagram.
1 Poletop Luminaire Assembly
Overview
The galvanized steel pole and poletop luminaire assembly are designed to slip-fit together. Jacking ears on pole section and poletop assembly provide attachment points to pull sections together. The Musco Pole Assembly Drawing gives minimum overlap specifications for each poletop luminaire assembly.

Tools/Materials Needed
Musco Supplied
❏ Musco Pole Assembly Drawing
❏ 9/16 in wrench
❏ Dishwashing liquid (original Dawn®,
ECOS® Pro, or DIAO
™ brand)
Contractor Supplied
❏ Two 11/2 ton chain come-alongs
TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
740
Installation Instructions: Light-Structure System™ Retrofit Lighting System 28 www.musco.com · [email protected]
2021 Musco Sports Lighting, LLC · M-2768-en04-1
Poletop Luminaire Assembly
Turn on pole alignment beam.

Hook pole harness wire support grip to the poletop
luminaire assembly u-hook and bundle the pole
harness to the bottom crossarm.

Lubricate top of steel pole section with supplied
dishwashing liquid.

Sling and lift poletop luminaire assembly into place.

Carefully lower the pole harness(es) down into the
pole. The attached cable support hook will prevent the
pole harness from dropping.
72 73
74 75
76 MKT-4958-1_B
Light Structure System Retrofit
RWS
26 August 2021
TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
741
Installation Instructions: Light-Structure System™ Retrofit Lighting System www.musco.com · [email protected]
2021 Musco Sports Lighting, LLC · M-2768-en04-1
Poletop Luminaire Assembly
29 Person B
Aiming point
Person A
Aim luminaire assembly using alignment beam. Device
projects a narrow vertical beam of light that is only
visible when you are aligned with it. This step requires two people.

Person A: Stand on field aiming point and look at pole
alignment device. It is attached to a luminaire. Walk
parallel to crossarms until you see beam. Signal person B to rotate luminaire assembly left or right until beam
aligns with aiming point. Beam may be visible, however
when pole is aligned, you will see a bright flash as you stand directly on aiming point.

Person B: Following direction from person A, rotate
luminaire assembly left or right until it is aligned.

Warning
Falling material hazard
If erecting pole with luminaire assembly attached, do
not attach rigging to luminaire assembly. Follow pole
supplier instructions for lifting.
7 Warning
Laser radiation hazard
Pole alignmen
t beam is safe for viewing at a distance of three feet (one meter) or more. Do not look into beam from closer than three feet (one meter). Do not use binoculars, camera, or telescope to view beam from any distance. Locator beam is a class 2M laser device. Wavelength: 635-660 nm, Laser power for classification: <1 mW continuous, divergence:
<1.5 mrad x 1 rad. Using alignment beam in a manner other than as described here may result in hazardous exposure.

Do not modify, dismantle, or attempt to repair.

TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
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Installation Instructions: Light-Structure System™ Retrofit Lighting System 30 www.musco.com · [email protected]
2021 Musco Sports Lighting, LLC · M-2768-en04-1
Poletop Luminaire Assembly
Using two 11⁄2 ton come-alongs, pull poletop luminaire assembly onto pole evenly until tight. Ensure minimum
overlap per Musco Pole Assembly Drawing.

Ensure alignment is maintained while tightening.

Tighten set screw using 9/16 in wrench.
8 9
Weldmark
Jacking ear
Weldmark
TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
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2021 Musco Sports Lighting, LLC · M-2768-en04-1
31 Bolt-on Crossarms
MKT-2959-1
Bolt-on Crossarm
RWS
9 December 2016
Crossarm
Crossarm
wire harness
Crossarm
plate
Poletop plate
Poletop
Provided
hardware
(4 holes)
Overview
Bolt-on bar style may vary from what is shown. Replacement procedure is identical.

Tools/Materials Needed
Musco Supplied:
❏ ¾ in drive 11/16 in socket
❏ ¾ in drive breaker bar
❏ ¾ in drive 4 in extension
❏ 11/16 in wrench
❏ Spreader bars
❏ 3/8 in fasteners (for spreader bars)
❏ 5/8 in structural fasteners
❏ 9/16 in wrench
Contractor Supplied:
❏ Torque wrench with 9/16 in socket
Assembly Procedure
Verify pole ID on crossarm matches ID of pole.

Note: Each crossarm is factory assembled for a specific position on poletop section to ensure correct aiming. Top side of crossarm is labeled with crossarm’s position number. Example: Position 1 is installed on first position from top of poletop section.

Position crossarm near poletop, and feed crossarm wire
harness through hole in center of poletop plate.

Route wire harness for crossarms 1–3 to top of pole.

Route wire harness for crossarms 4–7 to handhole
below crossarm position 5.

Position crossarm as shown below.

Ensure crossarm wire harness is not pinched between
mating plates.
1 2
TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
744
Installation Instructions: Light-Structure System™ Retrofit Lighting System 32 www.musco.com · [email protected]
2021 Musco Sports Lighting, LLC · M-2768-en04-1
Bolt-on Crossarms
Install bolts through plates with threads away from
pole. Place direct tension indicating (DTI) washer next, with flat surface (orange material) against plate, and
bumps facing out toward nut. Place flat washer next,
followed by nut. Small ID markings on nut must face
out to allow proper identification of nut.

Snug all nuts. Using supplied 11/16 in wrench, tighten
each nut until plates are in firm contact. Follow
tightening sequence shown.

Using supplied breaker bar, 11/16 in socket, extension, and wrench, tighten each nut until orange extrusion
appears from at least three bumps.

Repeat steps 1–5 for remaining crossarms.

Do not reuse structural fasteners. Discard if removed or loosened after tightening.
3 4
5 6
Bumps out
ID markings out
1 3
4 2
MKT-4413
DTI, Installed
RWS
10 January 2018
TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
745
Installation Instructions: Light-Structure System™ Retrofit Lighting System www.musco.com · [email protected]
2021 Musco Sports Lighting, LLC · M-2768-en04-1
Bolt-on Crossarms
33 Refer to the Musco Field Aiming Diagram to determine if a pole requires spreader bars. If so, spreader bars
are bundled together and marked with the pole
ID. Additionally, the pole crossarms are stenciled
indicating which tabs to use. Crossarms are joined in
groups of two or three with the greatest grouping on
top; do not form other groupings.

Install spreader bars with 3/8 in fasteners at the locations marked on each crossarm. Torque to 25 ft•lb (34 N•m).

Spreader bars may come in two sizes, 301⁄2 in (775 mm)
and 60 in (1524 mm). Always install longer bars to
upper three crossarms.
7 MKT-4060-4
TLC-LED-1200
Install Spreader Bar
RWS
19 September 2019
Spreader
bar
Crossarm
Stenciled
tab mark
9/uni221516 in
25 ft•lb
(34 N•m)
9/uni221516 in
Spreader
bar
Crossarm
Stenciled
tab mark
/nine.numerator⁄/one.denominator/six.denominator in
25 ft•lb
(34 N•m)
/nine.numerator⁄/one.denominator/six.denominator in
TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
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Installation Instructions: Light-Structure System™ Retrofit Lighting System 34 www.musco.com · [email protected]
2021 Musco Sports Lighting, LLC · M-2768-en04-1
Wire Harness
Overview
Tools/Materials Needed
Musco Supplied
❏ 5/32 in hex key
❏ 9/16 in wrench
Contractor Supplied
❏ Fish tape
❏ Electrician’s tape
The factory-built wire harness connects the electrical components enclosure to the poletop luminaire assembly.

MKT-4272-1
LED Luminaire Wiring
RWS
29 November 2016
Driver
sequence
Fuses
Notes:

1. Pole harness wire color indicated if provided by Musco.

2. Enclosure factory wiring may be different than shown above.

One pair of wires per luminaire is required in pole harness.

Wire connection
sequence
Pole harness
wires
Inside pole
or conduit
Field
connections
Luminaire
assembly
Luminaire
sequence
LED Luminaire 1
LED Luminaire 2
Controller
(if present)
Enclosure
(factory wiring)
LED Luminaire 3
LED Luminaire 4
(Not present
if neutral)
Blk/Wh (–)
Red (+)
Blk/Wh (–)
Blk/Wh (–)21
3 4
5 6
7 8
9 Blk/Wh (–) Blk/Wh (–)
Red (+) Black (+) Red (+)
Blk/Wh (–) Red/Wh (–) Blk/Wh (–)
Red (+) Red (+) Red (+)
Red (+)
(Not present
if neutral)
Blk/Wh (–)
Red (+)
Blk/Wh (–)
2 Red (+)
(Not present
if neutral)
Blk/Wh (–)
Red (+)
Blk/Wh (–)
3 4
Red (+)
(Not present
if neutral)
Blk/Wh (–)
Red (+)
Blk/Wh (–)
Red (+)
Blk/Wh (–) Blu/Wh (–) Blk/Wh (–)
Red (+) Blue (+) Red (+)
Blk/Wh (–) Brn/Wh (–) Blk/Wh (–)
Red (+) Brown (+) Red (+)
TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
747
Installation Instructions: Light-Structure System™ Retrofit Lighting System www.musco.com · [email protected]
2021 Musco Sports Lighting, LLC · M-2768-en04-1
Wire Harness
35 Assembly Procedure
Verify pole ID on wire harness matches pole location
on Field Aiming Diagram.

Remove handhole covers using 5/32 in hex key. Remove
polecap using 9/16 in wrench.

Fish all pole wire harnesses between poletop and
appropriate electrical components enclosure(s). Use
lower handhole to access enclosure hubs. Ensure
protective sleeve extends through access hub and tuck
harnesses behind subpanel.

Attach support grips at midpole (if present).

Mate quick connectors at poletop and inside first stack of electrical components enclosures. Match driver/
luminaire IDs.

For additional stacks of enclosures, connect pole
harnesses using the Musco-provided LEVER-NUTS wire
connectors. Match luminaire ID and wire polarity per
each wire label.

Use electrical tape to ensure LEVER-NUTS® levers stay
secure and don’t snag on surrounding wires.

Replace handhole covers and polecap.
1 2
33 4
5 MKT-3018-1_E
TLC-LED-1150, WIRE HARNESS, Bolt-on
RWS
16 August 2018
Polecap fastener
/nine.numerator⁄/one.denominator/six.denominator inQuick connectors (match luminaire ID’s)
Handhole
/five.numerator⁄/three.denominator/two.denominator in
Wire support grip
Wire support grip
(present in taller poles)
Pole harness with
protective sleeve
Electrical components
enclosure
Quick connectors
(match luminaire ID’s)
Handhole
Spade connectors
/five.numerator⁄/three.denominator/two.denominator in
TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
748
Installation Instructions: Light-Structure System™ Retrofit Lighting System 36 www.musco.com · [email protected]
2021 Musco Sports Lighting, LLC · M-2768-en04-1
Connecting to Supply Wiring
MKT-4188-2
LED-Connect Equipment
Grounding Conductors

RWS / DMP
9 September 2021
[MKT-4188-2]
Steel poleConduit
Enclosure
stack 2Enclosure
stack 1
Bonding
jumper35 in•lb
(3.9 N•m)
Installation Procedure
Musco Control System Summary or Field Aiming Diagram
provides electrical loading information needed to size
wire and switchgear.

Musco provides instructions for installing
Control-Link™ control system or lighting contactor
cabinet when these items are part of your project.

If pole has multiple stacks on the same electrical
circuit then route lower loads from second stack to
distribution lugs on main subpanel.

Route all power leads for lighting equipment to
appropriate subpanel locations.

Connect equipment grounding conductors (green/
yellow) from each upper enclosure to equipment
ground bar in bottom enclosure. If pole has multiple
stacks, connect bonding jumper from stack one.

Tighten lugs using 3/16 in hex key.
1 2
Contractor Supplied
❏ Standard screwdriver
❏ 3 m (10 ft) stepladder or small line truck
Overview
The final step of installation is connecting the supply wiring at the subpanel. Terminals for phase wires and neutral (if used), disconnect switch with lockout, and equipment ground bar are provided on the subpanel in the electrical components enclosure.

If there are multiple circuits on the pole, a disconnect is provided for each circuit. This may be on a separate subpanel in another enclosure. Depending on foundation design and/or soil conditions, a supplemental grounding electrode may be required.

Tools/Materials Needed
Musco Supplied
❏ 3/16 in hex key (ground bar)
❏ 5/16 in hex key (bonding terminal inside handhole)
❏ 5/32 in hex key (handhole covers)
❏ 5 mm hex key (125 A disconnect terminals)
❏ Equipment bonding jumper
MKT-4186-2
LED-Connecting Two ECE Stacks

RWS / DMP
9 September 2021
Steel pole
Enclosure
stack 2
Power
leads
Subpanel
Distribution
lugs
33 in•lb
(3.7 N•m)
Wire access
hole
Enclosure
stack 1
Conduit
TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
749
Installation Instructions: Light-Structure System™ Retrofit Lighting System www.musco.com · [email protected]
2021 Musco Sports Lighting, LLC · M-2768-en04-1
Connecting to Supply Wiring
37 MKT-2955-1_E
LED-Underground Wire Connection
RWS
22 Sept 2020
[MKT-2955-1_E]
Handhole
Steel pole
Subpanel
Supply wiring
and insulated
equipment
grounding
conductor
Distribution
lugs (AL,CU)
Bonding jumper
Wire access
hole
Electrical
components
enclosure
Pole grounding lug
in handhole (AL,CU)
/five.numerator⁄/one.denominator/six.denominator in
23 ft•lb (31 N•m)
Disconnect switch
(CU only)
5 mm 65 in•lb (7.3 N•m)
or
Equipment ground
bar (AL,CU) /three.numerator⁄/one.denominator/six.denominator in 120 in•lb (13.6 N•m)
/five.numerator⁄/three.denominator/two.denominator in
Remove handhole cover using 5/32 in hex key. Rout
supply wiring through access hub into electrical
components enclosure.

Connect insulated equipment grounding conductor
(supply) to ground bar. Tighten lug using 3/16 in hex key.

Disconnect is rated for copper wire only. Contact
Musco for adaptor or use UL Listed adaptor for
aluminum supply wire.

Connect phase wires (supply) to disconnect switch.

Tighten lugs using standard screwdriver (45 A
disconnect) or 5 mm hex key (125 A disconnect).

Connect neutral wire (if used) to distribution lug.

Tighten lug using standard screwdriver.

Route provided equipment bonding jumper (green/
yellow) through access hub to pole grounding lug
inside handhole. Tighten lug using 5/16 in hex key.

Ensure all handhole covers are installed and electrical components enclosure is closed and latched.

If your project includes a supplemental grounding
electrode kit, follow instructions in kit for installing electrode.

Warning
Risk of electric shock.

Terminate equipment grounding conductor at
equipment ground bar in electrical components
enclosure.

Warning
Lightning hazard.

For poles located near metal fences, metal bleachers, or other metal structures, bond structures to pole ground
to maintain equal electrical potential.

Skip step 8 if no emergency egress lighting is present.

Route cable for normal power to adjacent enclosure
stack. Connect black wire and blue/white wire to any
two active terminals A, B, C, or neutral, if present, and green wire to ground bar.
3 4
5 6
7 8
Steel pole
Subpanel
Distribution
lugs
Wire access
hole
Emergency lighting
enclosure stack 1
Normal lighting
enclosure stack 1
Neutral
terminal
(if present)
Normal
power
monitoring
cable
Conduit
TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
750
Installation Instructions: Light-Structure System™ Retrofit Lighting System 38 www.musco.com · [email protected]
2021 Musco Sports Lighting, LLC · M-2768-en04-1
Notes
TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
751
Installation Instructions: Light-Structure System™ Retrofit Lighting System www.musco.com · [email protected]
2021 Musco Sports Lighting, LLC · M-2768-en04-1
Notes
39 TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2752
2021 Musco Sports Lighting, LLC · M-2768-en04-1
Musco Light Structure System™ product referenced or shown may be protected by one or more of the following patents. United States Patent(s): D794244, D841854, D841855, D841856, D873462, D880035, D882141, D882850, D882860, D892375, D892376, 7956556, 8300219, 8508152, 8575866, 9066401, 9781780, 10267491, 10344948, 10356886, 10378732, 10549384. Benelux Patent(s): 87546 01, 87547 01, 87548 01, 87990 01, 87991 01, 87992 01, 87993 01, 87994 01, 87995 01, 88535 01, 88536 01. China Patents for Design 中国外观设计专利: ZL201830262493.5, ZL201830262495.4, ZL201830262588.7, ZL201930115887.2, ZL201930115888.7, ZL201930115891.9, ZL201930116074.5, ZL201930116087.2, ZL201930116089.1, ZL202030157575.0. Germany Patents: 402018100450 0001, 402018100451 0001, 402018100452 0001, 402019100343 0001–0004, 402019100344 0001, 402019100345 0001–0004, 402019100346 0001–0004, 402019100347 0001–0004, 402019100348 0001, 402020100419 0001, 402020100421 0001. Republic of Korea Patent(s): 30 1014229, 30 1014230, 30 1014231, 30 1037776, 30 1037783 0001–0004, 30 1037788 0001–0004, 30 1037795, 30 1037796 0001–0004, 30 1037802 0001–0004, 30 1110351, 30 1110358, 30 1110362. United Arab Emirates Patent(s): 5678, 5679, 5680, 5984, 5985, 5986, 5987, 5988, 5989. United Kingdom Patent(s): 6032011, 6032022, 6032023. 6056943, 6056944, 6056945, 6056946, 6056947, 6056948, 6088584, 6088586, 6088587. U.S. and foreign patents pending. [Pat_085A]
www.musco.com
MKT-4150-10
TLC-LED-1200 w BT Retrofit
Cover Illustration

RWS / DMP
8 September 2021
[MKT-4150-10]
TECHNICAL SPECIFICATIONS FOR TeWINKLE PARK ATHLETIC COMPLEX ATTACHMENT 2
753

MISCELLANEOUS

CONTRACT

DOCUMENTS
ATTACHMENT 2
754
1 CITY OF COSTA MESA

PUBLIC WORKS AGREEMENT FOR
CITY PROJECT NO. 23-09
THIS PUBLIC WORKS AGREEMENT (“Agreement”), dated __________ (“Effective Date”), is made by the CITY OF COSTA MESA, a political subdivision of the State of California (“CITY”), and ________, a [state] [type of organization] (“CONTRACTOR”).

CITY desires to construct the public work and improvements described below under Scope of Work, Paragraph 1 (“Work”).

ACCORDINGLY, the parties hereto agree as follows:

1. SCOPE OF WORK.

The Work consists of ____________________.

The Work is further described in the “Contract Documents” referred to below.

The Project is known as the LED LIGHTING INSTALLATION AT CITY PARKS AND ATHLETIC FACILITIES PROJECT, City Project No 23-09 (“Project”).

2. CONTRACT DOCUMENTS.

The complete Agreement consists of the following documents relating to the Project:
a. This Agreement;
b. CONTRACTOR’s bid;
c. Notice inviting bids;
d. Complete plans, profiles, detailed drawings and specifications, including general provisions and special provisions;
e. Certificates of Insurance;
f. Faithful Performance Bond and Labor and Material Bond, including agent’s ATTACHMENT 2
755
Project and Specification No. 23-09
2 Power of Attorney for each bond;
g. Supplements, attachments, and exhibits attached to the above items; h. Provisions of the most current edition of The Greenbook: Standard Specifications for Public Works Construction (“The Greenbook”); and i. All addenda setting forth any modifications or interpretations of the above documents.

The documents attached hereto are incorporated herein by this reference. The Greenbook is incorporated by reference as if fully set forth herein. The documents comprising the complete Agreement will be referred to as the “Contract Documents.” All of the Contract Documents are intended to complement one another, so that any Work called for in one and not mentioned in another is to be performed as if mentioned in all documents.

In the event of an inconsistency in the Contract Documents, the terms of this Agreement shall prevail over all other Contract Documents. The order of precedence between the remaining Contract Documents shall be as set forth in The Greenbook.

The Contract Documents constitute the entire agreement between the parties and supersede any and all other writings and oral negotiations.

3. CITY’S REPRESENTATIVE.

The CITY’s Representative is ____________, referred to herein as the Project Manager (“Project Manager”).

4. CONTRACTOR’S PROJECT MANAGER; PERSONNEL.
(a) Project Manager. CONTRACTOR’s Project Manager must be approved by City. Such approval shall be at CITY’s sole discretion. (b) Personnel. CITY has the right to review and approve any personnel who are assigned to perform work under this Agreement. CONTRACTOR shall remove ATTACHMENT 2
756
Project and Specification No. 23-09
3 personnel from performing work under this Agreement if requested to do so by CITY.

This Paragraph 4 is a material provision of the Agreement.

5. SCHEDULE.

All Work shall be performed in accordance with the schedule approved on behalf of CITY by the Project Manager, and in accordance with the time of performance set forth in Paragraph 8 (Time of Performance).

6. EQUIPMENT - PERFORMANCE OF WORK.

CONTRACTOR shall furnish all tools, equipment, apparatus, facilities, labor and materials necessary to perform and complete the Work of construction in a good and workmanlike manner in strict conformity with the Contract Documents.

The equipment, apparatus, facilities, labor and material shall be furnished and such Work performed and completed as required in the plans and specifications to the satisfaction of the Project Manager or his or her designee, and subject to his or her approval.

7. CONTRACT PRICE.
_____________ ($______.00).

8. TIME OF PERFORMANCE.

CONTRACTOR shall commence Work by the date specified in CITY’s Notice to Proceed, unless a later date is agreed upon in writing by the parties. The Work shall be completed within FORTY (40) WORKING DAYS from the first day of commencement of the Work.

9. TERMINATION.
(a) Termination for Convenience.

CITY may terminate this Agreement at any time, with or without cause, by providing thirty (30) days’ written notice to CONTRACTOR.

ATTACHMENT 2
757
Project and Specification No. 23-09
4 (b) Termination for Breach of Contract.
(i) If CONTRACTOR refuses or fails to prosecute the Work or any severable part of it with such diligence as will ensure its timely completion, or if CONTRACTOR fails to complete the Work on time, or if CONTRACTOR, or any subcontractor, violates any of the provisions of the Contract Documents, the Project Manager may give written notice to CONTRACTOR and CONTRACTOR’s sureties of the CITY’s intention to terminate this Agreement; and, unless within five (5) days after the serving of that notice, such conduct shall cease and arrangements for the correction thereof be made to the satisfaction of the CITY, this Agreement may be terminated at the option of CITY effective upon CONTRACTOR’s receipt of a second notice sent by the CITY indicating that the CITY has exercised its option to terminate. (ii) If CONTRACTOR is adjudged bankrupt or files for any relief under the Federal Bankruptcy Code or State insolvency laws, this Agreement shall automatically terminate without any further action or notice by CITY. (iii) If CONTRACTOR is in breach of any material provision of this Agreement, CITY may immediately terminate this Agreement by providing written notice to CONTRACTOR of same.

10. LIQUIDATED DAMAGES.

In the event the Work is not completed, for any reason, within the time required including any approved extensions of time, and to the satisfaction of the Project Manager, CITY may, in addition to any other remedies, equitable and legal, including remedies authorized by Paragraph 9 (Termination) of this Agreement, charge to CONTRACTOR or its sureties, or deduct from payments or credits due CONTRACTOR, a sum equal to $1,250 as liquidated damages for each calendar day beyond the date provided for the completion of such Work.

ATTACHMENT 2
758
Project and Specification No. 23-09
5 The parties hereto agree that the amount set forth above, as liquidated damages constitutes a fair and reasonable estimate of the costs the CITY would suffer for each day that the CONTRACTOR fails to meet the performance schedule. The parties hereby agree and acknowledge that the delays in the performance schedule will cause CITY to incur costs and expenses not contemplated by this Agreement.

11. PERFORMANCE BY SURETIES.

In the event CONTRACTOR fails or refuses to perform the Work, CITY may provide CONTRACTOR with a notice of intent to terminate as provided in Paragraph 9 (Termination), of this Agreement. The CITY shall immediately give written notice of such intent to terminate to CONTRACTOR and CONTRACTOR’s surety or sureties, and the sureties shall have the right to take over and perform this Agreement; provided, however, that the sureties must, within five (5) days after CITY’s giving notice of termination, (a) give the CITY written notice of their intention to take over the performance of this Agreement; (b) provide adequate assurances, to the satisfaction of the CITY that the Work shall be performed diligently and in a timely manner; and (c) must commence performance thereof within five (5) days after providing notice to the CITY of their intention to take over the Work. Upon the failure of the sureties to comply with the provisions set forth above, CITY may take over the Work and complete it, at the expense of CONTRACTOR, and the CONTRACTOR and the sureties shall be liable to CITY for any excess costs or damages including those referred to in Paragraph 10 (Liquidated Damages), incurred by CITY. In such event, CITY may, without liability for so doing, take possession of such materials, equipment, tools, appliances, Contract Documents and other property belonging to CONTRACTOR as may be on the site of the Work and reasonably necessary therefor and may use them to complete the Work.

ATTACHMENT 2
759
Project and Specification No. 23-09
6 12. DISPUTES PERTAINING TO PAYMENT FOR WORK.

Should any dispute arise respecting whether any delay is excusable, or its duration, or the value of the Work done, or of any Work omitted, or of any extra Work which CONTRACTOR may be required to do, or respecting any payment to CONTRACTOR during the performance of this Agreement, such dispute shall be decided by the Project Manager, and his or her decisions shall be final and binding upon CONTRACTOR and its sureties.

13. SUPERINTENDENCE BY CONTRACTOR.

At all times during performance of the Work, CONTRACTOR shall give personal superintendence or have a competent foreman or superintendent on the worksite, with authority to act for CONTRACTOR.

14. INSPECTION BY CITY.

CONTRACTOR shall at all times maintain proper facilities and provide safe access for inspection by CITY to all parts of the Work and to all shops on or off-site where the Work or portions of the Work, are in preparation. CITY shall have the right of access to the premises for inspection at all times. However, CITY shall, at all times, comply with CONTRACTOR’s safety requirements on the job site.

15. CARE OF THE WORK AND OFF-SITE AUTHORIZATION.

CONTRACTOR warrants that it has examined the site of the Work and is familiar with its topography and condition, location of property lines, easements, building lines and other physical factors and limitations affecting the performance of this Agreement.

CONTRACTOR, at CONTRACTOR’s sole cost and expense, shall obtain any permission, and all approvals, licenses, or easements necessary for any operations conducted off the premises owned or controlled by CITY. CONTRACTOR shall be responsible for the proper care and protection of all materials delivered to the site or stored off-site and for ATTACHMENT 2
760
Project and Specification No. 23-09
7 the Work performed until completion and final inspection and acceptance by CITY. The risk, damage or destruction of materials delivered to the site or to Work performed shall be borne by CONTRACTOR.

16. PAYMENTS TO CONTRACTOR.

On or before the last Monday of each and every month during the performance of the Work, CONTRACTOR shall meet with the Project Manager or his or her designee to determine the quantity of pay items incorporated into the improvement during that month.

A “Progress Payment Order” will then be jointly prepared, approved, and signed by the Project Manager and the CONTRACTOR setting forth the amount to be paid and providing for a five percent (5%) retention. Upon approval of the progress payment order by the Project Manager, or his or her designee, it shall be submitted to CITY’s Finance Department and processed for payment by obtaining approval from the City Council to issue a warrant.

Within three (3) days following City Council’s approval to issue a warrant, CITY shall mail to CONTRACTOR a warrant for the amount specified in the progress payment order as the amount to be paid. The retained five percent (5%) shall be paid to CONTRACTOR thirty-five (35) days after the recording of the Notice of Completion of the Work by the COUNTY and after CONTRACTOR shall have furnished releases of all claims against CITY by persons who furnished labor or materials for the Work, if required by CITY.

Upon the request of CONTRACTOR and at its expense, securities equivalent to the amount withheld pursuant to the foregoing provisions may be presented to CITY for substitution for the retained funds. If CITY approves the form and amount of the offered securities it will release the retained funds and will hold the securities in lieu thereof.

CONTRACTOR shall be entitled to any interest earned on the securities.

ATTACHMENT 2
761
Project and Specification No. 23-09
8 In the event that claims for property damage or bodily injury are presented to CITY arising out of CONTRACTOR’s or any subcontractor’s Work under this Agreement; CITY shall give notice thereof to CONTRACTOR, and CONTRACTOR shall have thirty-five (35) days from the mailing of any such notice to evaluate the claim and to settle it by whole or partial payment, or to reject it, and to give notice of settlement or rejection to CITY. If CITY does not receive notice within the above-mentioned 35-day period that the claim has been settled, and if the Project Manager, after consultation with the City Attorney, determines that the claim is meritorious, CITY may pay the claim or a portion of it in exchange for an appropriate release from the claimant, and may deduct the amount of the payment from the retained funds that would otherwise be paid to CONTRACTOR upon completion of the Work; provided, however, that the maximum amount paid for any one claim pursuant to this provision shall be One Thousand Dollars ($1,000.00), and the maximum amount for all such claims in the aggregate paid pursuant to this provision shall be Five Thousand Dollars ($5,000.00).

17. PROMPT PAYMENT OF SUBCONTRACTORS.

The CONTRACTOR agrees to pay each subcontractor under this Agreement for satisfactory performance of its contract no later than seven (7) days from the receipt of each payment the CONTRACTOR receives from CITY.

The CONTRACTOR agrees further to release retainage payments to each subcontractor within thirty (30) days after the subcontractor’s work is satisfactorily completed.

Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the CITY.

18. CONTRACT SECURITY AND GUARANTEE.

Unless previously provided by CONTRACTOR to CITY, CONTRACTOR shall ATTACHMENT 2
762
Project and Specification No. 23-09
9 furnish, concurrently with the execution of this Agreement, the following: (1) a surety bond in an amount equal to one hundred percent (100%) of the contract price as security for the faithful performance of this Agreement, and (2) a separate surety bond in an amount equal to at least one hundred percent (100%) of the contract price as security for the payment of all persons furnishing labor or materials in connection with the Work under this Agreement. Sureties for each of the bonds and the forms thereof shall be satisfactory to CITY. In addition, such sureties must be authorized to issue bonds in California; sureties must be listed on the latest revision to the U.S. Department of the Treasury Circular 570; and must be shown to have sufficient bonding capacity to provide the bonds required by the Contract Documents.

CONTRACTOR shall provide a certified copy of the certificate of authority of the surety issued by the Insurance Commissioner; a certificate from the clerk of the county in which the court or officer is located that the certificate of authority of the surety has not been surrendered, revoked, canceled, annulled, or suspended or, in the event that it has, that renewed authority has been granted; and copies of the surety’s most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with Section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code.

CONTRACTOR guarantees that all materials used in the Work and all labor performed shall be in conformity with the Contract Documents including, but not limited to, the standards and specifications set forth in the most current edition of The Greenbook.

CONTRACTOR shall, at its own expense, make any and all repairs and replacements that shall become necessary as the result of any failure of the Work to conform to the aforementioned Contract Documents, and standard specifications; provided, however, that CONTRACTOR shall be obligated under this provision only to the extent of those ATTACHMENT 2
763
Project and Specification No. 23-09
10 failures or defects of which he is given notice within a period of twelve (12) months from the date that the Notice of Completion is recorded.

The rights and remedies available to CITY pursuant to this provision shall be cumulative with all rights and remedies available to CITY pursuant to statutory and common law, which rights and remedies are hereby expressly reserved, and neither the foregoing guarantee by CONTRACTOR nor its furnishing of the Bonds, nor acceptance thereof by CITY, shall constitute a waiver of any rights or remedies available to CITY against CONTRACTOR.

19. INDEMNIFICATION.

CONTRACTOR agrees to protect, defend, indemnify and hold harmless CITY and its elected and appointed boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorney fees, for injury to or death of any person, and for injury or damage to any property, including consequential damages of any nature resulting therefrom, arising out of or in any way connected with the performance of this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the CONTRACTOR, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the CONTRACTOR, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the CITY, its elected officials, officers, agents and employees based upon the work performed by the CONTRACTOR, its employees, and/or authorized subcontractors under this Agreement, whether or not the CONTRACTOR, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.

Notwithstanding the foregoing, the CONTRACTOR shall not be liable for the defense or ATTACHMENT 2
764
Project and Specification No. 23-09
11 indemnification of the CITY for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the CITY. This provision shall supersede and replace all other indemnity provisions contained either in the CITY’s specifications or CONTRACTOR’s proposal, which shall be of no force and effect.

CONTRACTOR shall comply with all of the provisions of the Workers’ Compensation insurance laws and Safety in Employment laws of the State of California, including the applicable provisions of Divisions 4 and 5 of the California Labor Code and all amendments thereto and regulations promulgated pursuant thereto, and all similar State, Federal or local laws applicable; and CONTRACTOR shall indemnify and hold harmless CITY from and against all claims, liabilities, expenses, damages, suits, actions, proceedings and judgments, of every nature and description, including attorney fees, that may be presented, brought or recovered against CITY for or on account of any liability under or failure to comply with any of said laws which may be incurred by reason of any Work performed under this Agreement by CONTRACTOR or any subcontractor or others performing on behalf of CONTRACTOR.

CITY does not, and shall not, waive any rights against CONTRACTOR which it may have by reason of the above hold harmless agreements, because of the acceptance by CITY or the deposit with CITY by CONTRACTOR of any or all of the insurance policies described in Paragraph 20 (Insurance) of this Agreement.

The hold harmless agreements by CONTRACTOR shall apply to all liabilities, expenses, claims, and damages of every kind (including but not limited to attorney fees) incurred or alleged to have been incurred, by reason of the operations of CONTRACTOR or any subcontractor or others performing on behalf of CONTRACTOR, whether or not such insurance policies are applicable. CONTRACTOR shall require any and all tiers of subcontractors to afford the same degree of indemnification to the CITY OF COSTA ATTACHMENT 2
765
Project and Specification No. 23-09
12 MESA and its elected and appointed boards, officers, agents, and employees that is required of CONTRACTOR and shall incorporate identical indemnity provisions in all contracts between CONTRACTOR and all tiers of its subcontractors.

In the event that CONTRACTOR and CITY are sued by a third party for damages caused or allegedly caused by negligent or other wrongful conduct of CONTRACTOR, or by a dangerous condition of CITY’s property created by CONTRACTOR or existing while the property was under the control of CONTRACTOR, CONTRACTOR shall not be relieved of its indemnity obligation to CITY by any settlement with any such third party unless that settlement includes a full release and dismissal of all claims by the third party against the CITY.

20. INSURANCE.

CONTRACTOR shall not commence Work under this Agreement until it has obtained all insurance required under this section and CITY has approved the insurance as to form, amount, and carrier, nor shall CONTRACTOR allow any subcontractor to commence any Work until all similar insurance required of the subcontractor has been obtained and approved.

Neither the failure of CONTRACTOR to supply specified insurance policies and coverage, nor the failure of CITY to approve same shall alter or invalidate the provisions of Paragraph 19 (Indemnification) of this Agreement.
(a) Workers’ Compensation Insurance.

CONTRACTOR shall obtain and maintain during the life of this Agreement workers’ compensation insurance and, if any Work is sublet, CONTRACTOR shall require all tiers of subcontractors to obtain workers’ compensation insurance.

All workers’ compensation insurance policies shall provide that the insurance may not be canceled without thirty (30) days’ advance written notice of such ATTACHMENT 2
766
Project and Specification No. 23-09
13 cancellation to CITY.

CONTRACTOR agrees to waive, and obtain endorsements from its workers’ compensation insurer waiving, subrogation rights under its workers’ compensation insurance policy against the CITY and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies. (b) Liability Insurance Coverage.

CONTRACTOR shall obtain and maintain during the life of this Agreement the following insurance coverage:
(i) Commercial General Liability, including coverage for premises-operations, products/completed operations hazard, blanket contractual, broad form property damage, and independent contractors. In addition, CONTRACTOR shall obtain and maintain during the life of this Agreement each of the following insurance coverage which are not stricken out and initialed by the Project Manager: Explosion and collapse hazard, underground hazard, personal injury, and automobile liability, including owned, hired, and non-owned vehicles. All insurance coverage shall have limits of not less than $1,000,000.00 combined single limits, per occurrence and aggregate. (ii) Below are approved endorsements which satisfy the basic insurance requirements contained in contracts entered into by City of Costa Mesa. These have been approved by the City Attorney’s Office. The terms of any specific contract with the City are controlling. Prior to the commencement of any work, the City requires that the Engineer receive Certificates of Insurance in DUPLICATE for liability coverage of at least $1,000,000.00 combined single limits, per occurrence and in the aggregate.

Endorsements to the policies providing the above insurance shall be obtained by CONTRACTOR, adding the following three provisions:
(1) Additional Insured:

ATTACHMENT 2
767
Project and Specification No. 23-09
14 “The City of Costa Mesa and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to the subject project and agreement.”
(2) Notice:
“Said policy shall not terminate, nor shall it be canceled nor the coverage reduced, until thirty (30) days after written notice is given to CITY.” (3) Other Insurance:
“Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the insurance provided by this policy.” If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by CITY. No policy of insurance issued as to which the CITY is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.

21. PROOF OF INSURANCE.

Prior to commencement of the Work, CONTRACTOR shall furnish CITY, through the Project Manager, proof of compliance with the above insurance requirements in a form satisfactory to the Risk Management.

22. LEGAL WORK DAY - PENALTIES FOR VIOLATION.

Eight (8) hours of labor shall constitute a legal day’s work during any one (1) calendar day. CONTRACTOR shall forfeit to CITY the sum of Twenty-Five Dollars ($25.00) for each workman employed in the execution of this Agreement by CONTRACTOR or by any subcontractor for each calendar day during which such workman is required or permitted to work more than eight (8) hours in any one calendar day and 40 hours in any one calendar week in violation of California Labor Code Sections ATTACHMENT 2
768
Project and Specification No. 23-09
15 1810 through 1815, inclusive.

23. PREVAILING WAGE SCALE.

CONTRACTOR shall comply in all respects with the Davis-Bacon Act (40 U.S.C. section 276a) and with California Labor Code sections 1770 et seq., including the keeping of all records required by the provisions of Labor Code section 1776.

CONTRACTOR shall furnish each week to CITY’s Project Administration Division a statement with respect to the wages of each of its employees during the preceding weekly payroll period.

24. COMPLIANCE WITH ALL LAWS.

CONTRACTOR shall, at its own cost and expense, comply with all applicable local, state, and federal laws, regulations, and requirements in the performance of this Agreement, including but not limited to laws regarding health and safety, labor and employment, and wage and hours.

25. DRUG-FREE WORKPLACE POLICY.

CONTRACTOR, upon notification of the award of this Agreement, shall establish a Drug-Free Awareness Program to inform employees of the dangers of drug abuse in the workplace, the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace, and the employee assistance programs available to employees. Each employee engaged in the performance of a CITY contract must be notified of this Drug-Free Awareness Program, and must abide by its terms.

CONTRACTOR shall conform to all the requirements of CITY’s Policy No. 100-5, attached hereto as Attachment 1. Failure to establish a program, notify employees, or inform the CITY of a drug-related workplace conviction will constitute a material breach of contract and cause for immediate termination of the contract by the CITY.

ATTACHMENT 2
769
Project and Specification No. 23-09
16 26. NON–DISCRIMINATION.

In performing this Agreement, CONTRACTOR will not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status or sex, or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Section 1735 of the California Labor Code.

27. CONTRACT ASSURANCE.

The CONTRACTOR or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. The CONTRACTOR shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the CONTRACTOR to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as recipient deems appropriate.

The CONTRACTOR will require that the above provision is included in all subcontracts.

28. PROVISIONS CUMULATIVE.

The provisions of this Agreement are cumulative and in addition to, and not in limitation of, any other rights or remedies available to CITY.

29. NOTICES.

It shall be the duty and responsibility of CONTRACTOR to notify all tiers of subcontractors and material men of the following special notice provision; namely, all preliminary 20-day notices or stop notices shall be directed only to the City Clerk and to no other department, and shall be either personally delivered or sent by certified mail, postage prepaid.

ATTACHMENT 2
770
Project and Specification No. 23-09
17 All other notices shall be in writing and delivered in person or sent by certified mail, postage prepaid. Notices required to be given to CITY pursuant to this Agreement shall be addressed as follows:

City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Attn: ______________
Notices required to be given to CONTRACTOR shall be addressed as follows:
_________________
_________________
_________________
Attn: _____________
Notices required to be given to CONTRACTOR’s sureties shall be addressed as follows:
_________________
_________________
_________________
Attn: _____________

30. INDEPENDENT CONTRACTOR.

The parties hereto acknowledge and agree that the relationship between CITY and CONTRACTOR is one of principal and independent contractor and no other. All personnel to be utilized by CONTRACTOR in the performance of this Agreement shall be employees of CONTRACTOR and not employees of the CITY. CONTRACTOR shall pay all salaries and wages, employer’s social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. Nothing contained in this Agreement shall create or be construed as creating a partnership, joint venture, employment relations, or any other relationship except as set forth between the parties. The parties specifically acknowledge and agree that CONTRACTOR is not a partner with CITY, whether general or limited, and no activities of CITY or CONTRACTOR or statements made by CITY or CONTRACTOR shall be ATTACHMENT 2
771
Project and Specification No. 23-09
18 interpreted by any of the parties hereto as establishing any type of business relationship other than an independent contractor relationship.

31. PERS ELIGIBILITY INDEMNIFICATION.

In the event that CONTRACTOR or any employee, agent, or subcontractor of CONTRACTOR providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees’ Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONTRACTOR or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, CONTRACTOR and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by CITY, including but not limited to eligibility to enroll in PERS as an employee of CITY and entitlement to any contribution to be paid by CITY for employer contribution and/or employee contributions for PERS benefits.

32. VALIDITY.

The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any of the other provisions of this Agreement.

33. GOVERNING LAW.

This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any legal action relating to or arising out of this Agreement shall be subject to the jurisdiction of the County of Orange, California.

ATTACHMENT 2
772
Project and Specification No. 23-09
19 34. NO THIRD PARTY BENEFICIARY RIGHTS.

This Agreement is entered into for the sole benefit of the CITY and CONTRACTOR and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.

35. ASSIGNABILITY.

This Agreement may not be sold, transferred or assigned by either party, or by operation of law, to any other person or persons or business entity, without the other party’s written permission. Any such sale, transfer or assignment, or attempted sale, transfer or assignment without written permission, may be deemed by the other party to constitute a voluntary termination of this Agreement and this Agreement shall thereafter be deemed terminated and void.

36. WAIVER.

No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought referring expressly to this Paragraph. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

37. HEADINGS.

Section and subsection headings are not to be considered part of this Agreement, are included solely for convenience, and are not intended to modify or explain or to be a full or accurate description of the content thereof.

38. COUNTERPARTS.

This Agreement may be executed in one or more counterparts by the parties hereto. All counterparts shall be construed together and shall constitute one Agreement.

ATTACHMENT 2
773
Project and Specification No. 23-09
20 39. CORPORATE AUTHORITY.

The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.

40. ADDITIONAL SERVICES.

CONTRACTOR shall not receive compensation for any services provided outside the scope of the Contract Documents unless such additional services, including change orders, are approved in writing by CITY prior to CONTRACTOR performing the additional services.

It is specifically understood that oral requests or approvals of such additional services, change orders or additional compensation and any approvals from CITY shall be barred and are unenforceable.
[Signatures appear on following page.]
ATTACHMENT 2
774
Project and Specification No. 23-09
21 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.

CITY OF COSTA MESA,
A municipal corporation
__________________________________ Date: __________________________ Lori Ann Farrell Harrison
City Manager

CONTRACTOR
__________________________________ Date: __________________________ Signature
__________________________________
Name and Title
__________________________________ Date: __________________________ Signature
__________________________________
Name and Title
__________________________________
Social Security or Taxpayer ID Number
ATTEST:
__________________________________ Date: __________________________ Brenda Green
City Clerk
APPROVED AS TO FORM:
__________________________________ Date: __________________________ Kimberly Hall Barlow
City Attorney
ATTACHMENT 2
775
Project and Specification No. 23-09
22 APPROVED AS TO INSURANCE:
__________________________________ Date: __________________________ Ruth Wang
Risk Management
APPROVED AS TO PURCHASING:
__________________________________ Date: __________________________ Carol Molina
Finance Director
DEPARTMENTAL APPROVAL:
__________________________________ Date: __________________________ Raja Sethuraman
Public Works Director
__________________________________ Date: __________________________ Robert Ryan
Maintenance Services Manager
ATTACHMENT 2
776

CITY OF COSTA MESA, CALIFORNIA

COUNCIL POLICY

BACKGROUND

Under the Federal Drug-Free Workplace Act of 1988, passed as part of omnibus drug legislation enacted November 18, 1988, contractors and grantees of Federal funds must certify that they will provide drug-free workplaces. At the present time, the City of Costa Mesa, as a sub-grantee of Federal funds under a variety of programs, is required to abide by this Act. The City Council has expressed its support of the national effort to eradicate drug abuse through the creation of a Substance Abuse Committee, institution of a City-wide D.A.R.E. program in all local schools and other activities in support of a drug-free community. This policy is intended to extend that effort to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs in the workplace.

PURPOSE

It is the purpose of this Policy to:

1. Clearly state the City of Costa Mesa’s commitment to a drug-free society.

2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving funds from the City of Costa Mesa share the commitment to a drug-free workplace.

POLICY

The City Manager, under direction by the City Council, shall take the necessary steps to see that the following provisions are included in all contracts and agreements entered into by the City of Costa Mesa involving the disbursement of funds.

1. Contractor or Sub-grantee hereby certifies that it will provide a drug-free workplace by:

A. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in Contractor’s and/or sub-grantee’s workplace, specifically the job site or location included in this contract, and specifying the actions that will be taken against the employees for violation of such prohibition;

B. Establishing a Drug-Free Awareness Program to inform employees about:

SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89
PAGE

1 of 3

ATTACHMENT 2
777

SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89
PAGE

2 of 3

1. The dangers of drug abuse in the workplace;

2. Contractor’s and/or sub-grantee’s policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation and employee assistance programs; and

4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;

C. Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by subparagraph A;

D. Notifying the employee in the statement required by subparagraph 1 A that, as a condition of employment under the contract, the employee will:

1. Abide by the terms of the statement; and

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction;

E. Notifying the City of Costa Mesa within ten (10) days after receiving notice under subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of such conviction;

F. Taking one of the following actions within thirty (30) days of receiving notice under subparagraph 1 D 2 with respect to an employee who is so convicted:

1. Taking appropriate personnel action against such an employee, up to and including termination; or

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health agency, law enforcement, or other appropriate agency;

ATTACHMENT 2
778

SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89
PAGE

3 of 3

G. Making a good faith effort to maintain a drug-free workplace through implementation of subparagraphs 1 A through 1 F, inclusive.

2. Contractor and/or sub-grantee shall be deemed to be in violation of this Policy if the City of Costa Mesa determines that:

a. Contractor and/or sub-grantee has made a false certification under paragraph 1 above;

b. Contractor and/or sub-grantee has violated the certification by failing to carry out the requirements of subparagraphs 1 A through 1 G above;

c. Such number of employees of Contractor and/or sub-grantee have been convicted of violations of criminal drug statutes for violations occurring in the workplace as to indicate that the contractor and/or sub-grantee has failed to make a good faith effort to provide a drug-free workplace.

3. Should any contractor and/or sub-grantee be deemed to be in violation of this Policy pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment proceeding subject to applicable Federal, State, and local laws shall be conducted. Upon issuance of any final decision under this section requiring debarment of a contractor and/or sub-grantee, the contractor and/or sub-grantee shall be ineligible for award of any contract, agreement or grant from the City of Costa Mesa for a period specified in the decision, not to exceed five (5) years. Upon issuance of any final decision recommending against debarment of the contractor and/or sub-grantee, the contractor and/or sub-grantee shall be eligible for compensation as provided by law.

ATTACHMENT 2
779
Bond No. ______
City of Costa Mesa
Form Revised 05-28-2020

LABOR AND MATERIALS PAYMENT BOND

TO ACCOMPANY CONTRACT PUBLIC WORK

WHEREAS, the City of Costa Mesa, State of California, has awarded to __________________________ _____, hereinafter designated as the “Principal”, a contract for the project known as: _______________________________ in the City of Costa Mesa, in strict conformity with the contract on file with the Costa Mesa City Clerk, which is incorporated herein by this reference.

WHEREAS, Principal has executed or is about to execute the contract and the terms thereof and California Civil Code section 9554 require the furnishing of a bond, providing that if Principal or any of Principal’s subcontractors fails to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance 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, the undersigned Principal, and ______________________________________, duly authorized to transact business under the laws of the State of California, as Surety (referred to herein as “Surety”), are held and firmly bound unto the City of Costa Mesa, in the sum of _________________________ Dollars ($__________) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable to the City of Costa Mesa under the terms of the contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors, executors, and administrators, successors and assigns, jointly and severally, firmly by these present.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Principal or the Principal’s subcontractors fail to pay for any materials, provisions, or other supplies, implements or machinery 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, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys’ fees, to be fixed by the Court as required by the provisions of Section 9554 of the California Civil Code.

This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 9100 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. And the Surety, for value received, hereby 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 thereunder or the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications.

IN WITNESS WHEREOF, this instrument has been duly executed by the above-named Principal and Surety, on the ___________ day of ______________, 20____.

_____________________________ _____________________________ Name of Contractor (Principal) Authorized Signature/Title

_____________________________ _____________________________ Name of Surety Authorized Agent Signature

_____________________________ _____________________________ Address of Surety Print Name and Title

ATTACHMENT 2
780
Bond No. ______
City of Costa Mesa
Form Revised 06-28-2020

FAITHFUL PERFORMANCE PAYMENT BOND

TO ACCOMPANY PUBLIC WORKS AGREEMENT
The premium charge on this bond is $___________, being at the rate of $________ per thousand of the contract price.

WHEREAS, the City of Costa Mesa, State of California, has awarded to __________________________, hereinafter designated as the “Principal”, a Public Works Agreement for the project known as:
_______________________________ in the City of Costa Mesa, in strict conformity with the Public Works Agreement on file with the Costa Mesa City Clerk, which is incorporated herein by this reference (the “Agreement”).

WHEREAS, Principal has executed or is about to execute the Agreement and the terms thereof require the furnishing of a bond for the faithful performance of the Agreement.

NOW, THEREFORE, We, the undersigned Principal, and ______________________________________, duly authorized to transact business under the laws of the State of California, as Surety (referred to herein as “Surety”), are held and firmly bound unto the City of Costa Mesa, in the sum of _________________________ Dollars ($__________) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Costa Mesa under the terms of the Agreement, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these present.

The Surety’s obligations under this Bond are commensurate with the obligations of the Principal under the Agreement. The Surety’s obligations shall include, but are not limited to: (1) the responsibilities of Principal under the Agreement for completion of the Agreement and correction of defective work; (2) the responsibilities of Principal under the Agreement to pay any liquidated damages, and, for damages for which no liquidated damages are specified in the Agreement, actual damages caused by non-performance of the Agreement, including, but not limited to, all valid and proper backcharges, offsets, payments indemnities, or other damages; and (3) additional legal, design professional and delay costs resulting from Principal’s default or failure to act of the Surety.

The condition of this obligation is such that if the Principal or the Principal’s heirs, executors, administrators, successors or assigns, in all things stands to and abides by, and well and truly keeps and performs all of the work, covenants, conditions, and agreements in the Agreement and any alteration thereof made as therein provided on its 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 indemnifies, defends, and saves harmless the City of Costa Mesa, its officers, employees, and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As part of the obligation secured hereby, and in addition to the face amount specified in this Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing the obligation.

The Surety, for value received, stipulates and agrees that no change, extension of time, or alterations or additions to the terms of the Agreement or to the work to be performed thereunder, or the specifications accompanying same, shall in any way affect its obligations on this Bond, and it hereby waives notice of any such change, extension of time, or alterations or additions to the Agreement or to the work or to the specifications.

IN WITNESS WHEREOF, this instrument has been duly executed by the above-named Principal and Surety, on the ___________ day of ______________, 20____. _____________________________ _____________________________ Name of Contractor (Principal) Authorized Signature/Title _____________________________ _____________________________ Name of Surety Authorized Agent Signature
_____________________________ _____________________________ Address of Surety Print Name and Title
ATTACHMENT 2
781

INSURANCE REQUIREMENT FOR CITY OF COSTA MESA
CONTRACTOR shall not commence Work under this Agreement until he has obtained all insurance required under this section and CITY has approved the insurance as to form, amount, and carrier, nor shall CONTRACTOR allow any subcontractor to commence any Work until all similar insurance required of the subcontractor has been obtained and approved.

Neither the failure of CONTRACTOR to supply specified insurance policies and coverage, nor the failure of CITY to approve same shall alter or invalidate the provisions of Paragraph 18 of this Agreement.

A. Workers' Compensation Insurance.

CONTRACTOR shall obtain and maintain during the life of this Agreement workers' compensation insurance and, if any Work is sublet, CONTRACTOR shall require all tiers of subcontractors to obtain workers' compensation insurance.

All workers' compensation insurance policies shall provide that the insurance may not be canceled without thirty (30) days' advance written notice of such cancellation to CITY.

CONTRACTOR agrees to waive, and obtain endorsements from its workers’ compensation insurer waiving, subrogation rights under its workers’ compensation insurance policy against the CITY and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.

B. Liability Insurance Coverage.

CONTRACTOR shall obtain and maintain during the life of this Agreement the following insurance coverage:
(1) Commercial General Liability, including coverage for premises-operations, products/completed operations hazard, blanket contractual, broad form property damage, and independent contractors. In addition, CONTRACTOR shall obtain and maintain during the life of this Agreement each of the following insurance coverage which are not stricken out and initialed by the Project Manager: Explosion and collapse hazard, underground hazard, personal injury, and automobile liability, including owned, hired, and non-owned vehicles. All insurance coverage shall have limits of not less than $1,000,000.00 combined single limit, per occurrence and aggregate.
(2) Below are approved endorsements which satisfy the basic insurance requirements contained in contracts entered into by City of Costa Mesa. These have been approved by the City Attorney's office. The terms of any specific contract with the City are controlling. Prior to the commencement of any work, the City requires that the Engineer receive Certificates of Insurance in DUPLICATE for liability coverage of at lease $1,000,000 combined single limit, per occurrence and in the aggregate. Endorsements to the policies providing the above insurance shall be obtained by CONTRACTOR, adding the following three provisions:
(i) Additional Insured:

The City of Costa Mesa and their elected and appointed boards, officers, agents, employees, are additional insureds with respect to the subject project and agreement. (ii) Notice:
"Said policy shall not terminate, nor shall it be canceled nor the coverage reduced, until thirty (30) days after written notice is given to CITY " (iii) Other Insurance:
“Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the insurance provided by this policy.” If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.

ATTACHMENT 2
782
The ACORD name and logo are registered marks of ACORD

CERTIFICATE HOLDER
© 1988-2014 ACORD CORPORATION. All rights reserved.

ACORD 25 (2014/01)

AUTHORIZED REPRESENTATIVE

CANCELLATION

DATE (MM/DD/YYYY)

CERTIFICATE OF LIABILITY INSURANCE

LOCJECT

PRO-POLICY
GEN'L AGGREGATE LIMIT APPLIES PER:

OCCURCLAIMS-MADE

COMMERCIAL GENERAL LIABILITY
PREMISES (Ea occurrence) $

DAMAGE TO RENTED
EACH OCCURRENCE $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
$RETENTIONDED

CLAIMS-MADE
OCCUR
$
AGGREGATE $
EACH OCCURRENCE $UMBRELLA LIAB

EXCESS LIAB
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR

LTR TYPE OF INSURANCE POLICY NUMBER

POLICY EFF
(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY) LIMITS
PER

STATUTE
OTH-
ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
$
$
$

ANY PROPRIETOR/PARTNER/EXECUTIVE
If yes, describe under
DESCRIPTION OF OPERATIONS below
(Mandatory in NH)
OFFICER/MEMBER EXCLUDED?

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y / N

AUTOMOBILE LIABILITY

ANY AUTO

ALL OWNED SCHEDULED

HIRED AUTOS

NON-OWNED

AUTOS AUTOS
AUTOS

COMBINED SINGLE LIMIT
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE $
$
$
$

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSD
ADDL
WVD
SUBR
N / A
$
$
(Ea accident)
(Per accident)
OTHER:

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

INSURED
PHONE
(A/C, No, Ext):

PRODUCER
ADDRESS:

E-MAIL
FAX
(A/C, No):

CONTACT
NAME:

NAIC #
INSURER A :

INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

INSURER(S) AFFORDING COVERAGE

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

S A M P L E
ATTACHMENT 2
783
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 37 07 04

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 !! !!

ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – COMPLETED OPERATIONS

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE

Name Of Additional Insured Person(s)
Or Organization(s): Location And Description Of Completed Operations

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only with
respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at
the location designated and described in the sched-
ule of this endorsement performed for that additional
insured and included in the "products-completed
operations hazard".

S A M P L E
ATTACHMENT 2
784
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 10 07 04

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 !! !!

ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – SCHEDULED PERSON OR

ORGANIZATION

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE

Name Of Additional Insured Person(s)
Or Organization(s): Location(s) Of Covered Operations

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s) desig-
nated above.

B. With respect to the insurance afforded to these
additional insureds, the following additional exclu-
sions apply:

This insurance does not apply to "bodily injury" or
"property damage" occurring after:

1. All work, including materials, parts or equip-
ment furnished in connection with such work,
on the project (other than service, maintenance
or repairs) to be performed by or on behalf of
the additional insured(s) at the location of the
covered operations has been completed; or

2. That portion of "your work" out of which the
injury or damage arises has been put to its in-
tended use by any person or organization other
than another contractor or subcontractor en-
gaged in performing operations for a principal
as a part of the same project.

S A M P L E
ATTACHMENT 2
785
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09

CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 †

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE

Name Of Person Or Organization:

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV – Conditions:

We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the "products-
completed operations hazard". This waiver applies
only to the person or or ganization shown in the
Schedule above.

S A M P L E
ATTACHMENT 2
786
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -

CALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration.

SCHEDULE

PERSON OR ORGANIZATION JOB DESCRIPTION

ANY PERSON OR ORGANIZATION FOR WHOM THE

NAMED INSURED HAS AGREED BY WRITTEN

CONTRACT TO FURNISH THIS WAIVER

BLANKET WAIVER OF SUBROGATION
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: ;;/;;/2014 Policy No. (17(5 Endorsement No. 001 Insured: 8SVWUHDP%XLOGHUV
Premium $ INCL.

Insurance Company: Insurance Company
Countersigned By:
- 1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved.

From the WCIRB's California Workers' Compensation Insurance Forms Manual - 1999. 5 S A M P L E
ATTACHMENT 2
787

ATTACHMENT 2
788

APPLICATION FOR BUSINESS LICENSE

SEND YOUR CHECK MADE PAYABLE TO THE CITY OF COSTA MESA
TREASURY MANAGEMENT DIVISION, PO BOX 1200, COSTA MESA, CA 92628-1200 (714) 754-5234 TDD: (714) 754-5244

Business Name
Parent Company Name
(If Corporate Owned)
Note: Business address will be compared to zoning requirements before approval. Check with the Planning Division regarding the use of the location at (714) 754-5245.

Business Address
(Cannot be a P.O. Box) Street # Street name Unit # City State Zip Mailing Address
(Can be a P.O. Box) Street # Street name Unit # City State Zip Business Telephone # ( ) Business Start Date No. of Employees (on average) Ownership (Check One only)
[ ]Sole Owner [ ]Corporation [ ]Partnership [ ]Husband & Wife Co-ownership [ ]Limited Liability Company [ ]Limited Liability Partnership

Seller’s Permit No. Contractors State No. & Class
(If Applicable) (If Applicable)

Federal Employer ID # or, Owner’s Social Security # Federal Firearms License # (if applicable) OWNER’S OR PRINCIPAL’S NAME(S)
Name
Home Address
City Zip
Telephone # ( ) Title
Drivers License No. Date of Birth
Name
Home Address
City Zip
Telephone # ( ) Title
Drivers License No. Date of Birth

TYPE OF BUSINESS
PLEASE CIRCLE ONE: Wholesale/Retail/Manufacturing/Services/Non-Profit/Administrative Only/Warehouse/ Other Fully Describe Business Operation:

Standard Industrial Class Code (SIC)

Alcohol Beverage Control Permit No. Department of Motor Vehicles Permit # (If Applicable) (Required for automobile/motorcycle sales businesses) Hours of Operation (M-F) (S-SU) Number of Rental Units/Rooms/Spaces (Commercial/Industrial only) (If Applicable)

CHOOSE ONE OF THE APPROPRIATE FEES BELOW

GENERAL BUSINESS
(wholesale, retail, professional, Etc.)

Enter Annual Gross Receipts Amount $_____________________

And Circle the corresponding category below
____Annual Gross Receipts _____ Tax_
$0.00 to 1,000.00 ............................ $0.00
$1,000.01 to 25,000.00 .......................... $25.00 $25,000.01 to 40,000.00 .......................... $35.00 $40,000.01 to 75,000.00 .......................... $45.00 $75,000.01 to 200,000.00 .......................... $60.00 $200,000.01 to 500,000.00 ........................ $100.00 Over $500,000.00 ........................ $200.00

CONTRACTOR
(California Licensed) Total tax due $50.00

TAX EXEMPT ORGANIZATIONS
Attach proof of Tax Exempt Status (required for waiver of tax due)

SHOW, EXHIBITION, SWAP MEET Tax on the Promoter’s Gross Receipts from the Gross Receipts schedule to the left ............................... .................................... Enter the tax due amount here $ PLUS .....................(# of sellers x $5 = $ )
EQUALS .......................................... Total tax due $

ADMINISTRATIVE OFFICES/WAREHOUSES
(Fees based on annual operating expenses when no receipts generated) Enter annual operating expenses amount $
Use Gross Receipts schedule to the left to determine business license tax.

VEHICLE WHEEL, TAXI, TOW TRUCK, BUS

Number of Vehicles:__________ x $25.00 = Total Tax Due $_________

Will you store, handle or use 55 gallons, 500 pounds or 200 cubic feet of h azardous materials per year? Yes _______ No _______ Will you have an assembly room with an occupant load of 50 or more persons? Yes _______ No _______ Will you be installing a spray booth? Yes _______ No _______ Will your business produce dust/wood shavings or other material? Yes _______ No _______ Will you be storing or using flammable or combustible liquids or compressed gases? Yes _______ No _______ Will you be warehousing materials higher than 12 feet? Yes _______ No _______ Fire Department approval required
for any “Yes” answer. Please make an appointment by calling (714) 327-7400.

Your Business License will be issued under the provisions of Municipal Code Section 9-1. You are cautioned that this License do es not permit operation of a business in violation of other Municipal Code Sections. There will be no tax refund if you are found operating illegally after the Certificate has been issued. Your business location will be checked by Planning, Building, and, if necessary, Fire Department officials. If you have any doubt wh ether your business location and/or building may conform with the requirements of the Municipal Code administered by these departments, you are urged to contact th ese departments for further information before filing your application. ** Sales or use tax may apply to your business activities. You may seek written advice regarding the application of tax to your particular business by writing or visiting the nearest State Board of Equalization. ** I declare under penalty of perjury that, to the best of my knowledge and belief, the statements made herein are correct and true and that acceptance of payment does not constitute approval of the Busi ness License. Authorization to conduct business is not granted until issuance of the license.

Authorized
Signature Title Date

FOR CITY OFFICE USE ONLY
Planning Approval Date Approved CUP Required? CUP # Building Approval Date Approved Comments
Fire Department Approval Date Approved

ATTACHMENT 2
789
Form W-9
(Rev. December 2014)
Department of the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
Give Form to the
requester. Do not
send to the IRS.

Print or type
See Specific Instructions on page 2.
1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification; check only one of the following seven boxes:

Individual/sole proprietor or
single-member LLC
C Corporation S Corporation Partnership Trust/estate
Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ▶ Note. For a single-member LLC that is disregarded, do not check LLC; check the appropriate box in the line above for the tax classification of the single-member owner.

Other (see instructions) ▶
4 Exemptions (codes apply only to
certain entities, not individuals; see
instructions on page 3):

Exempt payee code (if any)
Exemption from FATCA reporting
code (if any)
(Applies to accounts maintained outside the U.S.)
5 Address (number, street, and apt. or suite no.)
6 City, state, and ZIP code
Requester’s name and address (optional)
7 List account number(s) here (optional)
Part I Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3.

Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for guidelines on whose number to enter.

Social security number
– –
or
Employer identification number
–
Part II Certification
Under penalties of perjury, I certify that:

1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and

2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and

3. I am a U.S. citizen or other U.S. person (defined below); and

4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.

Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3.

Sign
Here
Signature of
U.S. person ▶ Date ▶
General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.

Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release it) is at www.irs.gov/fw9.

Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following:
• Form 1099-INT (interest earned or paid)
• Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN.

If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding? on page 2.

By signing the filled-out form, you:

1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued),

2. Certify that you are not subject to backup withholding, or

3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and

4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting? on page 2 for further information.

Cat. No. 10231X Form W-9 (Rev. 12-2014)
ATTACHMENT 2
790
Form W-9 (Rev. 12-2014) Page 2
Note. If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester’s form if it is substantially similar to this Form W-9.

Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are:
• An individual who is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States;
• An estate (other than a foreign estate); or
• A domestic trust (as defined in Regulations section 301.7701-7).

Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners’ share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income.

In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States:
• In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity;
• In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and • In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust.

Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities).

Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a “saving clause.” Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes.

If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items:

1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien.

2. The treaty article addressing the income.

3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions.

4. The type and amount of income that qualifies for the exemption from tax.

5. Sufficient facts to justify the exemption from tax under the terms of the treaty article.

Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years.

However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption.

If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233.

Backup Withholding
What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 28% of such payments. This is called “backup withholding.” Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding.

You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return.

Payments you receive will be subject to backup withholding if:

1. You do not furnish your TIN to the requester,

2. You do not certify your TIN when required (see the Part II instructions on page 3 for details),

3. The IRS tells the requester that you furnished an incorrect TIN,

4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or

5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only).

Certain payees and payments are exempt from backup withholding. See Exempt payee code on page 3 and the separate Instructions for the Requester of Form W-9 for more information.

Also see Special rules for partnerships above.

What is FATCA reporting?
The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code on page 3 and the Instructions for the Requester of Form W-9 for more information.

Updating Your Information
You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account; for example, if the grantor of a grantor trust dies.

Penalties
Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect.

Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty.

Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment.

Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties.

Specific Instructions
Line 1
You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return.

If this Form W-9 is for a joint account, list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W-9. a. Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name.

Note. ITIN applicant: Enter your individual name as it was entered on your Form W-7 application, line 1a. This should also be the same as the name you entered on the Form 1040/1040A/1040EZ you filed with your application. b. Sole proprietor or single-member LLC. Enter your individual name as shown on your 1040/1040A/1040EZ on line 1. You may enter your business, trade, or “doing business as” (DBA) name on line 2.
c. Partnership, LLC that is not a single-member LLC, C Corporation, or S Corporation. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line 2.
d. Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on line 2.
e. Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as an entity separate from its owner is treated as a “disregarded entity.” See Regulations section 301.7701-2(c)(2)(iii). Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which the income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner's name is required to be provided on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2, “Business name/disregarded entity name.” If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN.

ATTACHMENT 2
791
Form W-9 (Rev. 12-2014) Page 3
Line 2
If you have a business name, trade name, DBA name, or disregarded entity name, you may enter it on line 2.

Line 3
Check the appropriate box in line 3 for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box in line 3.

Limited Liability Company (LLC). If the name on line 1 is an LLC treated as a partnership for U.S. federal tax purposes, check the “Limited Liability Company” box and enter “P” in the space provided. If the LLC has filed Form 8832 or 2553 to be taxed as a corporation, check the “Limited Liability Company” box and in the space provided enter “C” for C corporation or “S” for S corporation. If it is a single-member LLC that is a disregarded entity, do not check the “Limited Liability Company” box; instead check the first box in line 3 “Individual/sole proprietor or single-member LLC.”
Line 4, Exemptions
If you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space in line 4 any code(s) that may apply to you.

Exempt payee code.
• Generally, individuals (including sole proprietors) are not exempt from backup withholding.
• Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends. • Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions. • Corporations are not exempt from backup withholding with respect to attorneys' fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC.

The following codes identify payees that are exempt from backup withholding.

Enter the appropriate code in the space in line 4.
1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2)
2—The United States or any of its agencies or instrumentalities 3—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities 4—A foreign government or any of its political subdivisions, agencies, or instrumentalities
5—A corporation
6—A dealer in securities or commodities required to register in the United States, the District of Columbia, or a U.S. commonwealth or possession 7—A futures commission merchant registered with the Commodity Futures Trading Commission
8—A real estate investment trust
9—An entity registered at all times during the tax year under the Investment Company Act of 1940
10—A common trust fund operated by a bank under section 584(a) 11—A financial institution
12—A middleman known in the investment community as a nominee or custodian
13—A trust exempt from tax under section 664 or described in section 4947 The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13.

IF the payment is for . . . THEN the payment is exempt for . . .

Interest and dividend payments All exempt payees except for 7
Broker transactions Exempt payees 1 through 4 and 6
through 11 and all C corporations. S
corporations must not enter an exempt
payee code because they are exempt
only for sales of noncovered securities
acquired prior to 2012.

Barter exchange transactions and
patronage dividends
Exempt payees 1 through 4
Payments over $600 required to be
reported and direct sales over $5,000
1 Generally, exempt payees
1 through 5
2 Payments made in settlement of
payment card or third party network
transactions
Exempt payees 1 through 4
1 See Form 1099-MISC, Miscellaneous Income, and its instructions. 2 However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency.

Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank.

Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A requester may indicate that a code is not required by providing you with a Form W-9 with “Not Applicable” (or any similar indication) written or printed on the line for a FATCA exemption code.

A—An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37)
B—The United States or any of its agencies or instrumentalities C—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities D—A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section

1.1472-1(c)(1)(i)
E—A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section 1.1472-1(c)(1)(i) F—A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state G—A real estate investment trust
H—A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940
I—A common trust fund as defined in section 584(a)
J—A bank as defined in section 581
K—A broker
L—A trust exempt from tax under section 664 or described in section 4947(a)(1) M—A tax exempt trust under a section 403(b) plan or section 457(g) plan Note. You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed.

Line 5
Enter your address (number, street, and apartment or suite number). This is where the requester of this Form W-9 will mail your information returns.

Line 6
Enter your city, state, and ZIP code.

Part I. Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below.

If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN.

If you are a single-member LLC that is disregarded as an entity separate from its owner (see Limited Liability Company (LLC) on this page), enter the owner’s SSN (or EIN, if the owner has one). Do not enter the disregarded entity’s EIN. If the LLC is classified as a corporation or partnership, enter the entity’s EIN.

Note. See the chart on page 4 for further clarification of name and TIN combinations.

How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local SSA office or get this form online at www.ssa.gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/businesses and clicking on Employer Identification Number (EIN) under Starting a Business. You can get Forms W-7 and SS-4 from the IRS by visiting IRS.gov or by calling 1-800-TAX-FORM (1-800-829-3676).

If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and write “Applied For” in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester.

Note. Entering “Applied For” means that you have already applied for a TIN or that you intend to apply for one soon.

Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8.

ATTACHMENT 2
792
Form W-9 (Rev. 12-2014) Page 4
Part II. Certification
To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if items 1, 4, or 5 below indicate otherwise.

For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see
Exempt payee code earlier.

Signature requirements. Complete the certification as indicated in items 1 through 5 below.

1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification.

2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form.

3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification.

4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. “Other payments” include payments made in the course of the requester’s trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations).

5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification.

What Name and Number To Give the Requester
For this type of account: Give name and SSN of:

1. Individual The individual

2. Two or more individuals (joint
account)
The actual owner of the account or,
if combined funds, the first
individual on the account
1 3. Custodian account of a minor
(Uniform Gift to Minors Act)
The minor
2 4. a. The usual revocable savings
trust (grantor is also trustee)
b. So-called trust account that is
not a legal or valid trust under
state law
The grantor-trustee
1 The actual owner
1 5. Sole proprietorship or disregarded
entity owned by an individual
The owner
3 6. Grantor trust filing under Optional
Form 1099 Filing Method 1 (see
Regulations section 1.671-4(b)(2)(i)
(A))
The grantor*
For this type of account: Give name and EIN of:

7. Disregarded entity not owned by an
individual
The owner

8. A valid trust, estate, or pension trust Legal entity 4 9. Corporation or LLC electing
corporate status on Form 8832 or
Form 2553
The corporation

10. Association, club, religious,
charitable, educational, or other tax-
exempt organization
The organization

11. Partnership or multi-member LLC The partnership

12. A broker or registered nominee The broker or nominee

13. Account with the Department of
Agriculture in the name of a public
entity (such as a state or local
government, school district, or
prison) that receives agricultural
program payments
The public entity

14. Grantor trust filing under the Form
1041 Filing Method or the Optional
Form 1099 Filing Method 2 (see
Regulations section 1.671-4(b)(2)(i)
(B))
The trust
1 List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person’s number must be furnished. 2 Circle the minor’s name and furnish the minor’s SSN.
3 You must show your individual name and you may also enter your business or DBA name on the “Business name/disregarded entity” name line. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN.
4 List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules for partnerships on page 2. *Note. Grantor also must provide a Form W-9 to trustee of trust.

Note. If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed.

Secure Your Tax Records from Identity Theft
Identity theft occurs when someone uses your personal information such as your name, SSN, or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund.

To reduce your risk:
• Protect your SSN,
• Ensure your employer is protecting your SSN, and
• Be careful when choosing a tax preparer.

If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter.

If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Form 14039.

For more information, see Publication 4535, Identity Theft Prevention and Victim Assistance.

Victims of identity theft who are experiencing economic harm or a system problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059.

Protect yourself from suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft.

The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts.

If you receive an unsolicited email claiming to be from the IRS, forward this message to [email protected]. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 1-800-366-4484. You can forward suspicious emails to the Federal Trade Commission at: [email protected] or contact them at www.ftc.gov/idtheft or 1-877-IDTHEFT (1-877-438-4338).

Visit IRS.gov to learn more about identity theft and how to reduce your risk.

Privacy Act Notice
Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information.

ATTACHMENT 2
793

PROJECT LOCATIONS MAP
ATTACHMENT 2
794
LED LIGHTING INSTALLATION AT CITY PARKS AND ATHLETIC FACILITIES PROJECT, CITY PROJECT NO. 23-09

PROJECT LOCATIONS MAP
LOCATIONS:

1. JACK R. HAMMETT SPORTS COMPLEX, 2750 FAIRVIEW ROAD, COSTA MESA

2. TeWINKLE PARK ATHLETIC COMPLEX, 970 ARLINGTON DRIVE, COSTA MESA

3. COSTA MESA TENNIS CENTER, 880 JUNIPERO DRIVE, COSTA MESA

4. BARK PARK, 890 ARLINGTON DRIVE, COSTA MESA
ATTACHMENT 2
795

EXHIBIT C

BONDS

ATTACHMENT 2
796
ATTACHMENT 2
797
ATTACHMENT 2
798
ATTACHMENT 2
799
ATTACHMENT 2
800
ATTACHMENT 2
801

EXHIBIT D

CITY COUNCIL POLICY 100-5: DRUG-FREE WORKPLACE

ATTACHMENT 2
802

CITY OF COSTA MESA, CALIFORNIA

COUNCIL POLICY

SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89
PAGE

1 of 3

BACKGROUND

Under the Federal Drug-Free Workplace Act of 1988, passed as part of omnibus drug legislation enacted November 18, 1988, contractors and grantees of Federal funds must certify that they will provide drug-free workplaces. At the present time, the City of Costa Mesa, as a sub-grantee of Federal funds under a variety of programs, is required to abide by this Act. The City Council has expressed its support of the national effort to eradicate drug abuse through the creation of a Substance Abuse Committee, institution of a City-wide D.A.R.E. program in all local schools and other activities in support of a drug-free community. This policy is intended to extend that effort to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs in the workplace.

PURPOSE

It is the purpose of this Policy to:

1. Clearly state the City of Costa Mesa’s commitment to a drug-free society.

2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving funds from the City of Costa Mesa share the commitment to a drug-free workplace.

POLICY

The City Manager, under direction by the City Council, shall take the necessary steps to see that the following provisions are included in all contracts and agreements entered into by the City of Costa Mesa involving the disbursement of funds.

1. Contractor or Sub-grantee hereby certifies that it will provide a drug-free workplace by:

A. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in Contractor’s and/or sub-grantee’s workplace, specifically the job site or location included in this contract, and specifying the actions that will be taken against the employees for violation of such prohibition;

B. Establishing a Drug-Free Awareness Program to inform employees about:

ATTACHMENT 2
803

SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89
PAGE

2 of 3

1. The dangers of drug abuse in the workplace;

2. Contractor’s and/or sub-grantee’s policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation and employee assistance programs; and

4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;

C. Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by subparagraph A;

D. Notifying the employee in the statement required by subparagraph 1 A that, as a condition of employment under the contract, the employee will:

1. Abide by the terms of the statement; and

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction;

E. Notifying the City of Costa Mesa within ten (10) days after receiving notice under subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of such conviction;

F. Taking one of the following actions within thirty (30) days of receiving notice under subparagraph 1 D 2 with respect to an employee who is so convicted:

1. Taking appropriate personnel action against such an employee, up to and including termination; or

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health agency, law enforcement, or other appropriate agency;

ATTACHMENT 2
804

SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89
PAGE

3 of 3

G. Making a good faith effort to maintain a drug-free workplace through implementation of subparagraphs 1 A through 1 F, inclusive.

2. Contractor and/or sub-grantee shall be deemed to be in violation of this Policy if the City of Costa Mesa determines that:

a. Contractor and/or sub-grantee has made a false certification under paragraph 1 above;

b. Contractor and/or sub-grantee has violated the certification by failing to carry out the requirements of subparagraphs 1 A through 1 G above;

c. Such number of employees of Contractor and/or sub-grantee have been convicted of violations of criminal drug statutes for violations occurring in the workplace as to indicate that the contractor and/or sub-grantee has failed to make a good faith effort to provide a drug-free workplace.

3. Should any contractor and/or sub-grantee be deemed to be in violation of this Policy pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment proceeding subject to applicable Federal, State, and local laws shall be conducted. Upon issuance of any final decision under this section requiring debarment of a contractor and/or sub-grantee, the contractor and/or sub-grantee shall be ineligible for award of any contract, agreement or grant from the City of Costa Mesa for a period specified in the decision, not to exceed five (5) years. Upon issuance of any final decision recommending against debarment of the contractor and/or sub-grantee, the contractor and/or sub-grantee shall be eligible for compensation as provided by law.

ATTACHMENT 2
805

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-007 Meeting Date: 1/16/2024
TITLE:

ACCEPTANCE OF THE JACK HAMMETT SPORTS COMPLEX EXPANSION PROJECT, CITY PROJECT NO. 21-05
DEPARTMENT: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: SEUNG YANG, P.E., CITY ENGINEER, (714) 754-5633 RECOMMENDATION:

Staff recommends the City Council:

1. Accept the work performed by Horizons Construction Company International, Inc., 432 West Meats Avenue, Orange, California 92865, for the Jack Hammett Sports Complex Expansion Project, City Project No. 21-05, and authorize the City Clerk to file the Notice of Completion.

2. Authorize the City Manager to release the Labor and Material Bond seven (7) months after the filing date and release the Faithful Performance Bond at the conclusion of the one-year warranty period. Retention monies have been released pursuant to Public Contract Code 7107(c).

BACKGROUND:

On December 7, 2021, the City Council awarded a construction contract in the amount of $2,166,920.70 to Horizons Construction Company International, Inc. (Horizons), for the Jack Hammett Sports Complex Expansion Project at 2750 Fairview Road.

The Jack Hammett Sports Complex was named in honor of former mayor, Jack Hammett, and the facility offers six (6) fields that are primarily used for soccer and lacrosse programs but are also utilized for other various recreational activities. The sports complex endured frequent use over time and this public recreational facility needed improvements and new upgrades.

The scope of work for this project included parking lot pavement improvements; asphalt treatment with slurry; striping and markings; concrete sidewalk; access ramps; installation of a new storage building; site grading; lighting; irrigation; landscaping; electrical and mechanical work; integrated art features, and all other tasks associated with the project to bring it to completion.

The contractor, Horizons, completed construction improvements that increased parking, improved overall circulation, provided ADA accessibility, and increased the storage facilities within the park.

These improvements were completed with the sports complex still open to host major athletic events,

806
File #: 24-007 Meeting Date: 1/16/2024
These improvements were completed with the sports complex still open to host major athletic events, such as the AYSO Region 120, Costa Mesa Youth Soccer League, Pilot Cup, and training camp for the Los Angeles Chargers professional football team.

ANALYSIS:

The work required by the contract documents was completed to the satisfaction of the City Engineer.

The final contract cost including quantity adjustments and change orders amounted to $2,046,260.80. A report of the final costs is included as Attachment 1.

A summary of the costs is as follows:

Total Contract Cost: $ 2,166,920.70
Final Quantity Adjustments: ($ 120,659.90) Final Contract Cost: $ 2,046,260.80
The final contract price reflects a 5.6% decrease from the original contract as a result of final quantity adjustments.

As of this date, there are no Stop Notices filed against the monies due to Horizons Construction Company International, Inc.

807
File #: 24-007 Meeting Date: 1/16/2024
ALTERNATIVES:

This item is administrative in nature.

FISCAL REVIEW:

The remaining project funds will be returned to the fund balance.

LEGAL REVIEW:

The City Attorney’s Office has reviewed this agenda report and approves it as to form.

CITY COUNCIL GOALS AND PRIORITIES:

This item supports the following City Council Goal:
• Strengthen the Public’s Safety and Improve the Quality of Life

808
File #: 24-007 Meeting Date: 1/16/2024
CONCLUSION:

Staff recommends the City Council:

1. Accept the work performed by Horizons Construction Company International, Inc., 432 West Meats Avenue, Orange, California 92865, for the Jack Hammett Sports Complex Expansion Project, City Project No. 21-05, and authorize the City Clerk to file the Notice of Completion.

2. Authorize the City Manager to release the Labor and Material Bond seven (7) months after the filing date and release the Faithful Performance Bond at the conclusion of the one-year warranty period. Retention monies have been released pursuant to Public Contract Code 7107(c).

809

CITY OF COSTA MESA
Horizons Construction Co Intl Inc.
432 W Meats Ave, Orange, CA 92865-2625
PROJECT: FINAL COSTS - Jack Hammett Sports Complex Expansion Project, City Project No. 21-05

ITEM UNIT PREVIOUS QUANTITY TOTAL QUANTITY PREVIOUS AMOUNT TOTAL CONTRACT

NO DESCRIPTION PRICE QUANTITY THIS ESTIMATE TO DATE AMOUNT THIS EST TO DATE PRICE 1 1 LS Mobilization 65,300.00$ 100.00 % % 100.00 % $65,300.00 $0.00 $65,300.00 $65,300.00 2 1 LS Clearing & Grubbing 42,700.00$ 100.00 % % 100.00 % $42,700.00 $0.00 $42,700.00 $42,700.00 3 1 LS Traffic Control & Public Safety 18,000.00$ 100.00 % % 100.00 % $18,000.00 $0.00 $18,000.00 $18,000.00 4 1 LS Water Quality Best Management Practices (BMP's) 9,500.00$ 100.00 % % 100.00 % $9,500.00 $0.00 $9,500.00 $9,500.00 5 1 LS Construction Survey 15,700.00$ 100.00 % % 100.00 % $15,700.00 $0.00 $15,700.00 $15,700.00 6 1 LS Utility Potholing & Ground Penetrating Radar 17,000.00$ 100.00 % % 100.00 % $17,000.00 $0.00 $17,000.00 $17,000.00 7 10,600 SF Remove & Dispose (E) AC Pavement 1.15$ 10,911.00 SF SF 10,911.00 SF $12,547.65 $0.00 $12,547.65 $12,190.00 8 1,175 LF Remove & Dispose (E) Chain Link Fence 3.60$ 1,175.00 LF LF 1,175 LF $4,230.00 $0.00 $4,230.00 $4,230.00 9 14 EA Trees 892.50$ 14.00 EA EA 14 EA $12,495.00 $0.00 $12,495.00 $12,495.00 10 5 EA Remove & Dispose (E) Light Poles and Foundation 1,680.00$ 5.00 EA EA 5 EA $8,400.00 $0.00 $8,400.00 $8,400.00 11 1 LS Remove & Dispose (E) Sliding Gate 1,470.00$ 100.00 % 100.00 % 200 % $1,470.00 $1,470.00 $2,940.00 $1,470.00 12 5 EA Remove & Dispose (E) Chain Link Gate 840.00$ 5.00 EA EA 5 EA $4,200.00 $0.00 $4,200.00 $4,200.00 13 70,000 SF Weed Abate, Crack Seal, Remove existing striping & pavement marking and construct sluury seal Type II 0.48$ 58,000.00 SF SF 58,000.00 SF $27,840.00 $0.00 $27,840.00 $33,600.00 14 21,500 SF Construct 6" thick AC Pavement Over Compacted 8" thick CMB 9.80$ 21,068.00 SF SF 21,068.00 SF $206,466.45 $0.00 $206,466.45 $210,700.00 15 86 LF Remove and Dispose Curb & Gutter 8.50$ 145.00 LF LF 145 LF $1,232.50 $0.00 $1,232.50 $731.00 16 300 LF Construct 6" Curb and Gutter Type (C-6") (W-16") Per City of Costa Mesa Sid DWG No 312 42.00$ 251.00 LF LF 251.00 LF $10,542.00 $0.00 $10,542.00 $12,600.00 17 1,800 LF Remove & Dispose Concrete Curb 4.14$ 1,800.00 LF LF 1,800 LF $7,452.00 $0.00 $7,452.00 $7,452.00 18 2,000 LF Construct 6" Curb Type A1 -6 (150) 29.00$ 1,707.08 LF 307.00 LF 2,014.08 LF $49,505.32 $8,903.00 $58,408.32 $58,000.00 19 2 EA Remove & Dispose Existing Curb Ramp 1,950.00$ 2.00 EA EA 2.00 EA $3,900.00 $0.00 $3,900.00 $3,900.00 20 3 EA Construct ADA Curb Ramp 12,100.00$ 3.00 EA EA 3.00 EA $36,300.00 $0.00 $36,300.00 $36,300.00 21 3 EA Construct Truncated Domes 1,785.00$ 4.00 EA EA 4.00 EA $7,140.00 $0.00 $7,140.00 $5,355.00 22 30 LF Remove & Dispose Concrete Gutter 8.50$ 30.00 LF LF 30.00 LF $255.00 $0.00 $255.00 $255.00 23 30 LF Construct 3' wide concrete V - Gutter 67.20$ 23.00 LF LF 23.00 LF $1,545.60 $0.00 $1,545.60 $2,016.00 24 6 EA Adjust to Grade Existing Sewer Cleanout 900.00$ 6.00 EA EA 6.00 EA $5,400.00 $0.00 $5,400.00 $5,400.00 25 19 EA Furnish & Install Concrete Wheel Stop 105.00$ 19.00 EA EA 19.00 EA $1,995.00 $0.00 $1,995.00 $1,995.00 26 7,800 SF Sawcut and Remove PCC Sidewalk 2.35$ 7,800.00 SF SF 7,800.00 SF $18,330.00 $0.00 $18,330.00 $18,330.00 27 2 EA Construct Driveways Approach 2,835.00$ 1.00 EA EA 1.00 EA $2,835.00 $0.00 $2,835.00 $5,670.00 28 25 SF Construct 6" thick fill-in concrete over 6" CMB 25.00$ 0.00 SF 25.00 SF 25.00 SF $0.00 $625.00 $625.00 $625.00 29 8 EA Furnish & Install Parking Sign 360.00$ 8.00 EA 3.00 EA 11.00 EA $2,880.00 $1,080.00 $3,960.00 $2,880.00 30 1 LS Striping, Signing, Marking & Pavement Markers 12,200.00$ 1.00 % % 1.00 % $12,200.00 $0.00 $12,200.00 $12,200.00 31 12,850 SF Paving 1a: Concrete Flatwork with Topcast Top-Surface Retarder Finish 10.50$ 11,230.00 SF SF 11,230.00 SF $117,915.00 $0.00 $117,915.00 $134,925.00 32 120 SF Paving 1c: Concrete Flatwork Heavy Sand Blast Finish 12.00$ 0.00 SF SF 0.00 SF $0.00 $0.00 $0.00 $1,440.00 33 880 SF Paving 1d: Interlocking Concrete Pavers 16.50$ 797.00 SF SF 797.00 SF $13,147.20 $0.00 $13,147.20 $14,520.00 34 245 SF Concrete Header ( 10" wide) 42.00$ 245.00 SF SF 245.00 SF $10,290.00 $0.00 $10,290.00 $10,290.00 35 500 LF Concrete Band(16" wide) 47.00$ 500.00 LF LF 500.00 LF $23,500.00 $0.00 $23,500.00 $23,500.00 36 180 LF 18' Ht. Ball Barrier Fence (6' chain link fence with attached 12' netting) 380.00$ 182.00 LF LF 182.00 LF $69,160.00 $0.00 $69,160.00 $68,400.00 37 415 LF Chain Link Fence - 8' High 115.00$ 433.00 LF LF 433.00 LF $49,795.00 $0.00 $49,795.00 $47,725.00 38 475 LF Chain Link Fence - 4' High 97.00$ 516.00 LF LF 516.00 LF $50,052.00 $0.00 $50,052.00 $46,075.00 39 3 EA Gate - Double Swing Chain Link , 8' high(12' Opening) 4,900.00$ 3.00 EA EA 3.00 EA $14,700.00 $0.00 $14,700.00 $14,700.00 40 1 EA Double Cantilever Sliding Gates - 8' Ht (Chain link Fabric) With Electronic Gate Opening & Closing Operator 59,700.00$ 1.00 EA EA 1.00 EA $59,700.00 $0.00 $59,700.00 $59,700.00 41 1 EA Rolling Chain Link Gate - 8' Ht (20' Opening) 7,600.00$ 1.00 EA EA 1.00 EA $7,600.00 $0.00 $7,600.00 $7,600.00 42 530 LF Post & Rail Fence with Precast Column 87.00$ 530.00 LF 1.00 LF 531.00 LF $46,110.00 $87.00 $46,197.00 $46,110.00 43 6 EA Column "A(8' Ht. Masonry Column w/Precast Column Cap) 3,700.00$ 6.00 EA EA 6.00 EA $22,200.00 $0.00 $22,200.00 $22,200.00 44 4 EA Column "B (4.5' Ht. Masonry Column w/Precast Column Cap) 2,415.00$ 4.00 EA EA 4.00 EA $9,660.00 $0.00 $9,660.00 $9,660.00 45 7 EA Precast Column 'C' 1,610.00$ 7.00 EA EA 7.00 EA $11,270.00 $0.00 $11,270.00 $11,270.00 46 3 EA Precast Sphere (60 Inch Dia) 5,520.00$ 3.00 EA EA 3.00 EA $16,560.00 $0.00 $16,560.00 $16,560.00 47 12 EA Precast Soccer Ball (36" Dia) 1,670.00$ 12.00 EA EA 12.00 EA $20,040.00 $0.00 $20,040.00 $20,040.00 48 4 EA Precast Sphere (22 Inch Dia) 690.00$ 4.00 EA EA 4.00 EA $2,760.00 $0.00 $2,760.00 $2,760.00 49 2 EA Double Parking Lot Barrier Gates 18,550.00$ 2.00 EA EA 2.00 EA $37,100.00 $0.00 $37,100.00 $37,100.00 50 1 EA Re-Install existing Flagpole 3,675.00$ 0.00 EA EA 0.00 EA $3,675.00 $0.00 $3,675.00 $3,675.00 51 10 EA Bike Rack 1,740.00$ 10.00 EA EA 10.00 EA $17,400.00 $0.00 $17,400.00 $17,400.00

BID QUANTITY
PAGE 1 OF 2
ATTACHMENT 1
810

CITY OF COSTA MESA
Horizons Construction Co Intl Inc.
432 W Meats Ave, Orange, CA 92865-2625
PROJECT: FINAL COSTS - Jack Hammett Sports Complex Expansion Project, City Project No. 21-05

ITEM UNIT PREVIOUS QUANTITY TOTAL QUANTITY PREVIOUS AMOUNT TOTAL CONTRACT

NO DESCRIPTION PRICE QUANTITY THIS ESTIMATE TO DATE AMOUNT THIS EST TO DATE PRICEBID QUANTITY 52 2 EA Precast Mounted Bottle Filler with Bi-Level Drinking Fountain 10,700.00$ 2.00 EA EA 2.00 EA $21,400.00 $0.00 $21,400.00 $21,400.00 53 1 LS Existing Irrigation Adjustment 17,600.00$ 100.00 % % 100.00 % $17,600.00 $0.00 $17,600.00 $17,600.00 54 1 LS New Irrigation System 109,545.00$ 100.00 % % 100.00 % $109,545.00 $0.00 $109,545.00 $109,545.00 55 25,510 SF Soil Preparation and Fine Grading 0.93$ 19,058.39 SF SF 19,058.39 SF $17,724.30 $0.00 $17,724.30 $23,724.30 56 25,510 SF Weed Abatement 0.16$ 19,058.39 SF SF 19,058.39 SF $3,049.34 $0.00 $3,049.34 $4,081.60 57 49 EA Tree - 36" Box 1,065.00$ 49.00 EA EA 49.00 EA $52,185.00 $0.00 $52,185.00 $52,185.00 58 80 EA Shrub -# 15 Container 140.00$ 80.00 EA EA 80.00 EA $11,200.00 $0.00 $11,200.00 $11,200.00 59 1,248 EA Shrub -# 5 Container 33.50$ 1,248.00 EA EA 1,248.00 EA $41,808.00 $0.00 $41,808.00 $41,808.00 60 768 EA Shrub # 1 Container 9.50$ 768.00 EA EA 768.00 EA $7,296.00 $0.00 $7,296.00 $7,296.00 61 19,600 SF Damaged Turf Replacement 1.68$ 15,000.00 SF SF 15,000.00 SF $25,200.00 $0.00 $25,200.00 $32,928.00 62 236 EA Wood Mulch (3" Thick) 72.80$ 236.00 EA EA 236.00 EA $17,180.80 $0.00 $17,180.80 $17,180.80 63 1 LS (90) Day Maintenance 7,728.00$ 100.00 % % 100.00 % $7,728.00 $0.00 $7,728.00 $7,728.00 64 1 LS Storage Building, 5-Units (952 SF) 177,600.00$ 100.00 % % 100.00 % $177,600.00 $0.00 $177,600.00 $177,600.00 65 1 LS Electrical - Parking Lot 267,300.00$ 92.52 % 7.48 % 100.00 % $247,300.00 $20,000.00 $267,300.00 $267,300.00 66 1 LS Electrical - Storage Building 5,500.00$ 100.00 % % 100.00 % $5,500.00 $0.00 $5,500.00 $5,500.00 67 1 LS Allowance for additional work items as directed by the City 45,000.00$ 0.00 % 0.00 % 48.55 % $0.00 $21,845.46 $21,845.46 $45,000.00 68 1 LS Allowance for Unforseen Utility confilcts 45,000.00$ 0.00 % 0.00 % 24.31 % $0.00 $10,938.18 $10,938.18 $45,000.00 69 1 LS Allowance for unsitable soil conditions & additional sound mitigation 35,000.00$ 0.00 % 0.00 % 25.71 % $0.00 $9,000.00 $9,000.00 $35,000.00 $1,972,312.16 $73,948.64 $2,046,260.80 $2,166,920.70BID TOTAL:

PAGE 2 OF 2
ATTACHMENT 1
811

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-013 Meeting Date: 1/16/2024
TITLE:

CLEAN MOBILITY OPTIONS PILOT PROGRAM AND OCTA PROJECT V GRANT FOR

COMMUNITY BASED TRANSIT
DEPARTMENT: PUBLIC WORKS DEPARTMENT/ TRANSPORTATION

SERVICES DIVISION
PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: JENNIFER ROSALES, TRANSPORTATION SERVICES MANAGER, (714) 754-5343
RECOMMENDATION:

Staff recommends the City Council:

1. Adopt the proposed Resolution No. 2024-xx, approving participation in the Clean Mobility Options Voucher Pilot Program.

2. Adopt the proposed Resolution No. 2024-xx, approving the submittal of a grant application for the Community-Based Transit/Circulators Program (Project V) under the Orange County Transportation Authority’s (OCTA’s) Comprehensive Transportation Funding Program (CTFP).

BACKGROUND:

Clean Mobility Options (CMO) Voucher Pilot Program
The CMO Voucher Pilot Program is a statewide initiative that provides voucher-based funding for zero-emission carsharing, carpooling/vanpooling, innovative transit services, and on-demand ride services in California’s historically underserved communities. The CMO program goals are as follows:
· Increase clean mobility options for low-income and disadvantaged communities. · Provide community-driven mobility solutions throughout the State. · Improve access to clean mobility options that are safe, reliable, convenient, and affordable. · Reduce greenhouse gas emissions and criteria pollutants.

City staff submitted a grant application in August 2023 in cooperation with Circuit Transit Inc. for CMO

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File #: 24-013 Meeting Date: 1/16/2024
City staff submitted a grant application in August 2023 in cooperation with Circuit Transit Inc. for CMO funds to create and implement an on-demand community shuttle pilot program. On October 9, 2023, the CMO Program Administrator notified the City of their intent to award CMO funds in the amount of $1,500,000 for a three-year grant period ($500,000 per year for three years). An adopted resolution by the City Council to approve the CMO project, accept the funds, and comply with the requirements of the program is required by March 6, 2024, to execute the project.

OCTA Project V Grant for Community Based Transit
In November 1990, the Orange County voters approved Measure “M”,a 20-year, half-cent local sales tax to fund transportation improvements countywide. In November 2006, the Orange County voters passed the Renewed Measure “M”Program (M2), extending the half-cent sales tax for the next 30 years, beginning in the year 2011. Revenues from this extended sales tax are proposed to fund a wide range of improvements in Orange County, including freeway, arterial, and transit systems.

The M2 Community-Based Transit/Circulators Program, referred to as Project V, establishes a competitive process to enable local jurisdictions to develop community-based, local transit services that complement regional transit services and meet needs in areas not adequately serviced by regional transit. OCTA solicited letters of interest in May 2023 from local agencies interested in a future Project V Call for Projects. The City of Costa Mesa submitted a Project V letter of interest on May 19, 2023, with a proposed service as outlined in the CMO voucher pilot program application.

In November 2023, OCTA issued a “Call for Projects” for Community-Based Transit (Project V) to enable local jurisdictions to develop community-based, local transit services that complement regional transit services and meet needs in areas not adequately serviced by regional transit. Project V applications for FY 2024/25 to FY 2030/31 are due by January 25, 2024 to OCTA.

ANALYSIS:

Clean Mobility Options (CMO) Voucher Pilot Program
In the application for the CMO Voucher Pilot Program, the City of Costa Mesa proposed to partner with Circuit Transit, Inc., an experienced micro transit vendor, to operate an “on-demand”transit project with an all-electric vehicle fleet. A contract agreement with Circuit Transit Inc., for the operation of the CMO voucher pilot program is currently under development for review by legal and for future consideration by the City Council.

The proposed initial operating plan would have a total of three (3) electric vehicles operating up to 10 hours per day, 7 days a week, with adjustments made based on feedback from the community and service data to best align with the needs of the community. The proposed three electric vehicles consist of two (2) sedans and one (1) ADA accessible van with wheelchair storage space. As per the agreement, the proposed operator, Circuit Transit, Inc., would lease the three electric vehicles and the City of Costa Mesa will provide three dedicated parking spaces with charging facility at the City Yard as part of the commitment to the CMO pilot program. The electric vehicle charging equipment and installation costs are included as part of the CMO voucher pilot program.

The CMO voucher pilot program provides service to primarily disadvantaged and low-income

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File #: 24-013 Meeting Date: 1/16/2024
The CMO voucher pilot program provides service to primarily disadvantaged and low-income communities. The proposed service area will be provided primarily in the SB 535 Disadvantaged Communities and AB 1550 Low-income Communities west of Newport Boulevard and connecting these neighborhoods with the West 19th Street Corridor and the 17th Street Corridor. While less of 17th Street is geographically designated as Disadvantaged or Low-Income, it includes important transit connections to OCTA Route 55, grocery stores, shopping, and job centers. The focus of the service area will be on key destinations for the local population and visitors, including healthcare, transportation hubs, grocery, senior living facilities, and other destinations as determined through community feedback. The City of Costa Mesa will work with the community to identify key hot spots within this geofenced zone. Exhibit 1 provides an exhibit of the proposed service area for the CMO voucher pilot program.

Exhibit 1: Proposed Service Area for the CMO Voucher Pilot Program The CMO voucher pilot program provides funding of $500,000 per year for three years, totaling $1.5 million. After three years, the funds for the pilot program are expended with no additional available funds from the CMO voucher for the pilot program. In order for the service to continue, the City would need to identify other funds to sustain the program. One option to provide ongoing funding for the program is the OCTA Project V Grant, described below. The cost estimate to operate the three (3) electric vehicles up to 10 hours per day for 7 days a week is $500,000 per year each including vehicle leases, drivers, insurance, program administration, and outreach and marketing.

A nominal fare of $1 to $2 per ride is recommended to reduce canceled trips and abuse of service. In

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File #: 24-013 Meeting Date: 1/16/2024
A nominal fare of $1 to $2 per ride is recommended to reduce canceled trips and abuse of service. In addition, the fare revenue can be saved for use in continuing service after the three years of funding from the CMO voucher pilot program is exhausted. The fare revenue is projected at $140,000 over the course of the three years assuming a $1 fare from the launch of service.

Advertising can also be used to support future years of service and saved for continued service.

Advertising could consist of vehicle wraps on the outside of the three service vehicles. It is estimated that approximately $50,000 to $75,000 can be generated with ad revenue from vehicle wraps over the course of three years of the CMO pilot program.

Staff requests City Council approval of the attached Resolution (Attachment 1) for participation in the CMO Voucher program with Circuit Transit, Inc. Staff will return to the Council at a future meeting regarding the operating details, fare assessment and advertising as part of the agreement with Circuit Transit, Inc.

OCTA Project V Grant for Community Based Transit
Project V allocations are determined through a competitive application process. The services currently eligible for OCTA’s Project V grant program fall into two service categories defined as Traditional Project V transit services and On-Demand mobility services. The objectives of OCTA’s 2024 Call for Projects follow:

1. To continue funding existing projects that are expiring.

2. To support expansion of existing projects.

3. To support new Traditional Project V services.

4. To allow for on-demand services that provide shared ride options.

On-demand mobility services include the following service characteristics:
· Based on contracted mobility providers responding to user-initiated requests for transportation (ride-hailing).
· User trips occur within a designated service area or boundary. · May include designated user pickup/drop-off locations within a suitable distance from desired destinations.
· Users have an expectation of ridesharing where all trips may include diversions and deviations to serve other user-requested trips in an efficient and effective manner.

The current Project V funding cycle will be available starting in FY 2024-25 and ending in FY 30-31.

The minimum local match is fifty (50%) for On-Demand services. Agencies will receive points for committing to a higher match rate. The match may be comprised of any combination of private contributions, advertising revenues, and local discretionary funds. The match must be a local agency contribution and may not be made up of in-kind services. The maximum annual Project V grant funding allocation for on-demand services starts at $300,000 in FY 24-25 increasing to $350,000 in FY 30-31.

Staff recommends submitting an application to OCTA Project V 2024 Call for Projects to continue the service provided for the CMO pilot program at the end of the three-year funding period (FY 24-25 to FY 26-27) of the CMO pilot program, with an option to expand the service area by adding a sedan and associated driver. The annual cost to add a sedan would be $156,000 in the first year with a 2%

815
File #: 24-013 Meeting Date: 1/16/2024
and associated driver. The annual cost to add a sedan would be $156,000 in the first year with a 2% increase every year after that. With an additional sedan, the total cost for continuing service and expanding the service area would be about $656,000 per year, beginning in FY 27-28. The available OCTA Project V funding in FY 27-28 for on-demand services is $323,500. The City will have to identify local funds for the remaining $332,500. The City’sProject V application will request annual OCTA funding from FY 27-28 until FY 30-31.

The proposed project submitted will need to meet certain minimum requirements to be eligible for the M2 grants. While the City has met all these eligibility requirements, OCTA requires approval of the attached resolution (Attachment 2) prior to any consideration of City applications. The submittal of applications in response to this “2024Call for Projects”will not be deemed complete and final until an adopted resolution is submitted to OCTA. The resolution authorizes the Public Works Director or designee to submit the grant application and any required documents, to accept any funds awarded by OCTA, and to execute any agreements, assurances, or other documents required in connection with the acceptance of such funds. Staff requests City Council approval of the resolution.

ALTERNATIVES:

One alternative considered is to not adopt the resolutions. By not approving Resolution 1, the City will forgo the CMO Voucher Pilot Project grant in the amount of $1,500,000. Not approving Resolution 2 will render the City ineligible to compete for available grant funding for the OCTA Project V Community-Based Transit Program. Staff does not recommend this alternative.

FISCAL REVIEW:

The CMO voucher pilot project requires the City’scommitment of the implementation of the proposed project. City staff time including social media advertising and administration is required for the CMO voucher pilot project. In addition, electricity for the three EV chargers and dedicated parking spaces at the City yard is required for the CMO voucher pilot project.

The Project V resolution requires the City’s commitment to implement the project if the grant application is successful including a financial local match commitment of fifty (50) percent. If successful in a grant award, the local match for the project would be proposed starting in the FY 27- 28 capital improvement projects budget.

LEGAL REVIEW:

The City Attorney’sOffice has reviewed this report, prepared the attached resolutions and approves them as to form.

CITY COUNCIL GOALS AND PRIORITIES:

This item supports the following City Council Goals:
· Strengthen the Public’s Safety and Improve the Quality of Life · Advance Environmental Sustainability and Climate Resiliency

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File #: 24-013 Meeting Date: 1/16/2024
CONCLUSION:

Staff recommends the City Council:

1. Adopt the proposed Resolution No. 2024-xx, approving participation in the Clean Mobility Options Voucher Pilot Program (Attachment 1).

2. Adopt the proposed Resolution No. 2024-xx, approving the submittal of a grant application for the Community-Based Transit/Circulators Program (Project V) under the Orange County Transportation Authority’s (OCTA’s) Comprehensive Transportation Funding Program (CTFP). (Attachment 2).

817
ATTACHMENT 1

RESOLUTION NO. 2024-xx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING

PARTICIPATION IN THE CLEAN MOBILITY OPTIONS VOUCHER PILOT PROGRAM

WHEREAS, the City of Costa Mesa, as Lead Applicant, submitted a Mobility Project Voucher Application on August 16, 2023, for the Clean Mobility Options Voucher Pilot Program (CMO).

The application submitted was for On-Demand Neighborhood Electric Vehicle Transit Services with Circuit Transit, Inc. (Circuit Costa Mesa) in Costa Mesa;

WHEREAS, the City Council of the City of Costa Mesa is eligible to receive funding through CMO, a statewide initiative funded by California Climate Investments and administered by California Air Resource Board and CALSTART to provide funding for zero-emission shared mobility options to under-resourced communities in California;

WHEREAS, the City of Costa Mesa will comply with the requirements of the program in accordance with the Voucher Agreement between CALSTART and the City of Costa Mesa; and will accept the CMO voucher funds;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Costa Mesa, authorize the Mayor, or designee, to execute the approval of CMO voucher funds, reiterate CMO program commitment, and compliance with CMO program requirements to the CMO Program Administrator Team.

PASSED AND ADOPTED this 16th day of January, 2024.

____________________________
John Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

____________________________ ____________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney 818
ATTACHMENT 2
Resolution for Community-Based Transit/Circulators (Project V) RESOLUTION NO. 24-XX
A Resolution of the Costa Mesa City Council approving the submittal of Costa Mesa Community-Based On -Demand Transit Services application to the Orange County Transportation Authority for funding under the Project V Community -Based Transit/Circulators Program

The City Council of the City of Costa Mesa hereby resolves, determines and orders as follows that:

(a) Whereas, the Orange County Transportation Authority Community-Based Transit/Circulators program (Project V under Measure M2 ) establishes a competitive funding program to enable local jurisdictions to develop , test and provide community-based local transit services that complement regional transit services and meets needs in areas not adequately serviced by regional transit ; and,
(b) Whereas, the Orange County Transportation Authority intends to allocate Project V funds to the incorporated cities and the County of Orange, as applicable; and (c) Whereas, the Orange County Transportation Authority has established the procedures and criteria for selecting projects for funding through a competitive process as identified in the Comprehensive Transportation Funding Program (CTFP) Project V Guidelines; and
(d) Whereas, the City of Costa Mesa desires to provide local community-based transit services;
(e) Whereas, the City of Costa Mesa authorizes the nomination of Costa Mesa Community-Based On-Demand Transit Services, including all understanding and assurances contained therein; and,
(f) Whereas, the City of Costa Mesa has been declared by the Orange County Transportation Authority to meet the eligibility requirements to receive Measure M2 funds, including Project V funds; and,
(g) Whereas, the City of Costa Mesa must include all projects funded by Net Revenues in the seven -year Capital Improvement Program as part of the Measure M 2 Ordinance eligibility requirement; and
(h) Whereas, the City of Costa Mesa authorizes a formal amendment to the seven - year Capital Improvement Program to add projects approved for funding upon approval from the Orange County Transportation Authority Board of Directors; and (i) Whereas, the City of Costa Mesa’s Circulation Element is consistent with the County 819
ATTACHMENT 2
of Orange Master Plan of Arterial Highways; and
(j) Whereas, the City of Costa Mesa will comply where applicable with provisions of the Americans with Disabilities Act, and any other federal, state, and/or local laws, rules and/or regulations; and
(k) Whereas, the City of Costa Mesa will consult with Orange County Transportation Authority regarding the need for ADA/paratransit services and/or plan prior to starting operations; and
(l) Whereas, the City of Costa Mesa will provide a minimum fifty (50) % in matching funds, excluding non-Project V subsidies or net fares collected, as required by the Project V CTFP Guidelines and shall fund its share of the project costs and any additional costs over the identified programmed amount; and (m) Whereas, the City of Costa Mesa will not use Measure M funds to supplant Developer Fees or other commitments; and
(n) Whereas, the City of Costa Mesa will give the Orange County Transportation Authority’s representatives access to and the right to examine all data, records, books, papers or documents related to the Project(s); and NOW, THEREFORE, BE IT RESOLVED THAT:

The City of Costa Mesa hereby requests that the Orange County Transportation Authority allocate Project V funds in the amounts specified in the City’s application to said City from the Project V Community-Based Transit/Circulators program through the Comprehensive Transportation Funding Program (CTFP). Said funds shall be matched by funds from the City of Costa Mesa as required and shall be used as supplemental funding to aid the City of Costa Mesa in the implementation of the proposed transit service.

PASSED, APPROVED AND ADOPTED THIS 16th day of January, 2024.

____________________________
John Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

____________________________ ____________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney 820

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-001 Meeting Date: 1/16/2024
TITLE:

REVIEW OF THE PLANNING COMMISSION’SDECISION TO DENY PLANNING APPLICATION 22 -45 FOR A NEW PUBLIC CHARTER HIGH SCHOOL (“VISTA MERIDIAN GLOBAL ACADEMY”) AND A MINOR CONDITIONAL USE PERMIT FOR SMALL CAR PARKING LOCATED AT 1620

SUNFLOWER AVENUE
DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES

DEPARTMENT/PLANNING DIVISION
PRESENTED BY: GABRIEL VILLALOBOS, ASSISTANT PLANNER
CONTACT INFORMATION: GABRIEL VILLALOBOS, ASSISTANT PLANNER, (714) 754-5610 RECOMMENDATION:

Staff recommends that the City Council review the Planning Commission’sdecision to deny Planning Application 22-45.

821

City of Costa Mesa
Agenda Report

77 Fair Drive
Costa Mesa, CA 92626
Item #: 24-001 Meeting Date: 01/16/2024
TITLE: REVIEW OF THE PLANNING COMMISSION’S DECISION TO DENY PLANNING APPLICATION 22 -45 FOR A NEW PUBLIC CHARTER HIGH SCHOOL (“VISTA MERIDIAN GLOBAL ACADEMY”) AND A MINOR CONDITIONAL USE PERMIT FOR SMALL CAR PARKING LOCATED AT 1620 SUNFLOWER AVENUE

DEPARTMENT: ECONOMIC AND DEVELOPMENT SERVICES DEPARTMENT/PLANNING

DIVISION

PRESENTED BY: GABRIEL VILLALOBOS, ASSISTANT PLANNER

CONTACT INFORMATION: GABRIEL VILLALOBOS, ASSISTANT PLANNER, (714) 754-5610

RECOMMENDATION:

Staff recommends the City Council review the Planning Commission’s decision to deny Planning Application 22-45.

APPLICANT OR AUTHORIZED AGENT:

The applicant/authorized agent is Joseph Smith on behalf of Vista Meridian Global Academy and the property owner, SFHY Enterprise, LLC.

BACKGROUND:

The subject property (1620 Sunflower Avenue) is located northwest of the intersection of Sunflower Avenue and Hyland Avenue in the northern portion of the City. The project site is currently developed with an existing 37,455 -square-foot, two-story building and surface parking. Originally, this property was approximately double in size, and consisted of two buildings and a 262 -space parking lot.

However, in 1990, the Planning Commission approved a subdivision for the property which allowed for the lot to be divided into two parcels. The subdivision approved a new devising property line which resulted in each building being located on separate parcels (now identified as 1600 and 1620 Sunflower Avenue) with a reciprocal easement for shared access, drive aisles and parking. Both buildings are currently vacant and were previously occupied by a medical device supplier (1620 Sunflower Avenue) and a financial consulting office (1600 Sunflower Avenue). Although the subdivision allows for divided property interest, both properties are currently commonly owned. The two properties are accessed via driveway approaches on Sunflower Avenue and Hyland Avenue. Current uses operating around the proposed school include a mix of commercial and restaurant uses to the south (SOCO a nd the OC mix), an industrial warehouse to the west (FedEx distribution center), and commercial offices to the north and east.

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Item #: 24-001 Meeting Date: 01/16/2024

The Vista Meridian Global Academy submitted a City use permit application to occupy the vacant 37,455-square-foot office building at 1620 Sunflower Avenue and convert the building into a new public charter high school. The application included a Conditional Use Permit (PA -22-45) to allow the establishment of a new school in the MP (Industrial Park) zone. The new public charter hi gh school would serve grades 9 through 12, and would have a maximum student enrollment of 500 students with 36 full-time employees and 15 part-time employees. The proposed school hours are from 8:30 AM to 4:00 PM, Monday through Thursday , and from 8:30 AM to 2:00 PM on Fridays. A Minor Conditional Use Permit for the allowance of small car (compact) parking was also requested.

ANALYSIS:

Proposed School Operations

The Vista Meridian Global Academy (“Vista Meridian”) is a tuition -free, public charter school, which is authorized by the Orange County Department of Education and is independently operated by Vista Charter Public Schools. This proposal is the School’s first dedicated and separate high school for grades 9 through 12. Vista Charter Public Sch ools currently operates five other charter schools in California, ranging in grades from “transitional kindergarten” (TK) to 10th grade. The following is a list of the other schools operated by the applicant:

 Vista Condor Global Academy - Santa Ana (grades TK – 5th, with 336 current students and 500 student capacity);
 Vista Heritage Global Academy - Santa Ana (grades 6 – 8th, with 316 current students and 450 student capacity)
 Palm Lane Global Academy - Anaheim (grades TK – 6th with 273 current students and 502 student capacity)
 Vista Charter Middle School - Los Angeles (grades 6th – 8th, with 374 current students and 420 student capacity); and
 Vista Horizon Global Academy - Los Angeles (grades TK – 5th, with 147 current students and 450 student capacity).

As a charter school, Vista Meridian will serve all students free of charge, regardless of academic level and special education status, and will follow both State and Federal charter school education guidelines. All school activities would be conducted indoors, including recreation (physical education) and lunch areas. As proposed, the students would be dropped -off and picked -up, with no student driving/parking allowed. Additionally, Vista Meridian proposes to provide free transportation services to/from the school that includes three 65 -passenger buses, and nine 10 -person vans. Vista’s buses and vans would pick-up and drop-off students from public locations based on where students live, with the routes and pickup/drop-off times decided and communicated at the beginning of each school year.

Vista Meridian also proposes a “bike-to-school” program as an alternate mode of transportation, as the Santa Ana River trail is locate d within one-half mile of the project site. However, the School has not yet fully developed “bike-to-school” program details.

A detailed description of the proposed school operations, proposed site improvements, parking and site circulation are provided in the November 27, 2023 Planning Commission staff report and attachments, linked below:
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Item #: 24-001 Meeting Date: 01/16/2024

https://costamesa.legistar.com/LegislationDetail.aspx?ID=6430259&GUID=384FAF3E-0B34-4DA5- 9FA4-B8A7A55C8872

The Planning Commission meeting video is linked below and meeting minutes are provided as an attachment to this report: link
https://costamesa.granicus.com/player/clip/4065?meta_id=308283

Public Comment

Four public comment letters were submitted to the Planning Commission regarding the Vista Meridian project including two letters in support and two letters opposing the project. During the Planning Commission public hearing, five members of the public spoke in favor of the project and two spoke in opposition of the project. Comment letters are provided as an attachment to this report and include:

1. David Haithcock, Pr esident & CEO, Costa Mesa Chamber of Commerce – submitted written comments in support;

2. Wallid Kazi, President, ECM Consultants – submitted written comments opposing the project;

3. Sue Ann Salmon Evans, Attorney, Dannis Woliver Kelley – submitted written comm ents on behalf of Newport Mesa Unified School District in opposition to the project; and

4. Brent Stoll, Rose Equities – submitted written comments in support of the project.

Planning Commission Review

The application was heard by the Planning Commission on November 27, 2023. After receiving staff‘s presentation and recommendation for approval, the Planning Commission asked questions of staff and then opened the public hearing. The applicant provided a presentation and the Planning Commission subsequently asked questions of the applicant and members of the applicant’s team. The Planning Commission then heard and considered public comments before closing the public hearing. Ultimately, the majority of the Planning Commission determined that the required Conditional Use Permit findings could not be made, and denied the project by a vote of 6-1.

Conditional Use Permit Findings

Pursuant to the Costa Mesa Municipal Code (CMMC), in order to approve a CUP and MCUP applications, the final review authority shall find that the evidence presented in the administrative record substantially supports the following findings:

 “The proposed development or use is substantially compatible with developments in the same general area and would not be materially detrimental to other properties within the area;  Granting the conditional use permit will not be materially detrimental to the health, saf ety and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood; and
 Granting the conditional use permit will not allow a use, density or intensity which is not in accordance with the general plan designation and any applicable specific plan for the property”.

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Item #: 24-001 Meeting Date: 01/16/2024

The subject property has a General Plan Land Use designation of Industrial Park. Pursuant to the City’s Land Use Element and subject to the approval of a Conditional Use Permit (CUP) by the Planning Commission, Institutional uses are allowed in the Industr ial Park District “provided that land use compatibility and traffic issues have been addressed”. The Planning Commission could not make the required Conditional Use Permit findings because of potential land use compatibility and vehicle/pedestrian circulat ion-related conflicts related to the proposed new school. Specifically, the Planning Commission determined that the proposed school would be:

 Incompatible with adjacent uses in that the proposal includes educating minors within the City’s Measure X “ green zone”, where cannabis manufacturing, distribution, research and development, testing, and home delivery businesses are allowed to operate;

 Detrimental to the local circulation conditions in that the proposed project could result in traffic queueing during peak hour pick-up and drop-off times for students. A specific concern was cited related to traffic queueing into the public right -of-way along the southbound lane of Hyland Avenue impacting the adjacent property located north of the project site;

 Detrimental to public health and safety in that the site’s proposed circulation and parking layout was not adequately designed to accommodate the proposed school’s circulation demand, and could result in conflicts between pedestrian, bicyclist and vehicle tr affic circulating through the project site at peak demand periods (pick-up and drop-off); and

 Detrimental to public health, safety, and general welfare as students are limited to classrooms during the school day with no outside areas for student activities.

Measure X “Green Zone”

The project site is located within the Measure X “green zone” which allows for cannabis manufacturing, distribution, research and development, testing, and home delivery (non -storefront retail) with City approval of a Conditional Use Permit and issuance of a Cannabis Business Permit and business license.

There are approximately 25 cannabis non-storefront businesses operating in the green zone, with the closest cannabis business operating approximately 500 feet from the subject s ite. Refer to the below Exhibit A for a map showing the “green zone” (identified in blue), the proposed school site and the location of the nearest operating cannabis businesses (“Natures Market”).

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Item #: 24-001 Meeting Date: 01/16/2024

Exhibit A – Green Zone

Note that there are no State or local requirements that prohibit a school from locating in close proximity to non-storefront cannabis uses; however, once a school is established, new cannabis non -storefront uses are required to locate 600 feet away from th e school per State law (Business and Professional Code Section 26054). Currently, there is one cannabis non -storefront use located within 600 feet of the proposed school, and another four cannabis non-storefront uses located within 1,000 feet from the proposed school. The majority of the other operating cannabis non-storefront uses in the “green zone”, are located westerly of the site on Cadillac Avenue. Storefront retail is prohibited in the “green zone”.

Circulation, Parking and Bike Access

In making its decision, the Planning Commission determined that the proposed project would result in certain circulation issues both on - and off-site. The Commission found that the existing parking lot developed for the previous use was not adequate to facilitate safe student pedestrian circulation. The Commission was generally concerned with student safety in the parking lot amongst queuing buses , vans and other vehicles during peak student drop-off and pick-up times. The Commission also stated 826

Item #: 24-001 Meeting Date: 01/16/2024

concerns in regard to p otential off -site queuing impacts on the adjacent streets. During the public hearing, a Commissioner also voiced concerns in regard to bicycle circulation from the nearby Santa Ana River Trail to the site.

Outside Activity Areas

As proposed, the School does not provide any on -site outdoor programs. The School proposes only indoor classes, including spaces for indoor physical education classes and amenities. During Planning Commissioner deliberations, a Commissioner voiced concerns in regard to the School’s operations and specifically not providing an outdoor component to the proposed student daily activities. Although the City’s Municipal Code does not prescribe minimum requirements for outdoor areas, the City Council has adopted standards for exterior space at private schools based on specific grade levels (Policy No.

P-20-01). However, the proposed school is a public charter school and not a private school, and therefore these standards may not apply.

Call for Review

On November 28, 2023, Mayor Stephens submitted an application to call up for review the Planning Commission decision, which is provided as Attachment 2 to this report.

City Council “De Novo” Hearing

Pursuant to CMMC Chapter 9, Appeal and Review Procedures, the Ci ty Council shall conduct a new or “de novo” review of the matter. The City Council may exercise its independent judgment and discretion in making a decision, and the call for a review hearing is not limited to the grounds stated for the review or the evidence that was previously presented to the Planning Commission. The City Council’s decision on the matter is the final decision.

Staff has provided as attachments, a draft Resolution for denial based on the Planning Commission’s November 27, 2023 decision. A draft Resolution for approval including potential conditions of approval is also attached; however, the required findings for approval have not been included. If the Council chooses to approve the application, the Council should articulate its basis for approving the project consistent with the required Conditional Use Permit findings.

ENVIRONMENTAL DETERMINATION:

The project is categorically exempt from the provisions of CEQA pursuant to CEQA Guidelines Section 15301 for the permitting and/or minor alteration of Existing Facilities, involving negligible or no expansion of the existing use. This project site contains an existing commercial building that has been used for commercial activities , and the application does not propose an increase in floor area.

Furthermore, none of the exceptions that bar the application from a categorical exemption pursuant to CEQA Guidelines Section 15300.2 applies. Specifically, the project would not result in a significant cumulative impact; would not have a significant effect on the environment due to unusual circumstances; would not result in damage to scenic resources; is not located on a hazardous site or location, and would not impact any historic resources. However, if the City Council desires to uphold the Planning Commission's decision to deny the application, CEQA does not apply to projects which a public agency rejects or disapproves per CEQA Guidelines Section 15270(a).

827

Item #: 24-001 Meeting Date: 01/16/2024

ALTERNATIVES:

The City Council has the following alternatives:

1. Uphold the Planning Commission’s decision and adopt a Resolution to deny the application;

2. Overturn the Planning Commission’s decision and approve the application subject to conditions of approval, and direct staff to prepare a Resolution for approval reflecting the City Council’s findings; or

3. Remand the request back to the Planning Commission.

FISCAL REVIEW:

There are no fiscal impacts with this agenda item.

LEGAL REVIEW:

The City Attorney has reviewed and approved this report as to form.

PUBLIC NOTICE:

Pursuant to Title 13, Section 13 -29(d), of the Costa Mesa Municipal Code, three types of public notification have been completed no less than 10 days prior to the date of the public hearing:

1. Mailed notice. A public notice was mailed to all property owners and occupants within a 500 -foot radius of the project site. The required notice radius is measured from the external boundaries of the property.

2. On-site posting. A public notice was posted on each street frontage of the project site.

3. Newspaper publication. A public notice was published once in the Daily Pilot newspaper.

Public comments received prior to the January 16, 2024, City Council meeting, may be viewed at this link: CITY OF COSTA MESA - Calendar (legistar.com).

CITY COUNCIL GOALS AND PRIORITIES:

This item is administrative in nature.

CONCLUSION:

The subject review is intended to provide the City Council with an opportunity to review the Planning Commission’s decision to deny the Vista Meridian Global Academy’s land use permit application. The City Council’s review of the application is “de novo” and the Council is the final decision-making body for the requested Conditional Use Permit.

828
ATTACHMENT 1
Resolution No. 2024-xx Page 1 of 11

RESOLUTION NO. 2024-xx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,

CALIFORNIA, OVERTURNING THE PLANNING COMMISSION DENIAL AND APPROVING PLANNING APPLICATION 22 -45 FOR A NEW PUBLIC CHARTER HIGH SCHOOL (“VISTA MERIDIAN GLOBAL ACADEMY”) AND A MINOR CONDITIONAL USE PERMIT FOR SMALL CAR PARKING LOCATED AT 1620

SUNFLOWER AVENUE

THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY FINDS AND DECLARES AS FOLLOWS:

WHEREAS, Planning Application 22 -45 was filed by Joseph Smith, authorized agent for the property owner, SFHY Enterprise, LLC requesting approval of the following:

Planning Application 22-45 is for a Conditional Use Permit (CUP) to allow a new public charter high school (“Vista Meridian Global Academy”) in an existing industrial office buildi ng and a Minor Conditional Use Permit (MCUP) for the allowance of small car parking. The proposed school would include grades 9 through 12 for up to 500 students, 36 full -time employees, and 15 part -time employees. School classes are proposed from 8:30 AM to 4:00 PM, Monday through Thursday and from 8:30 AM to 2:00 PM on Fridays. Student parking is proposed to be restricted with only student drop-off/pick-up allowed during limited hours. Proposed improvements would consist of interior remodeling of the existing two -story building, new building signage and paint, accessibility upgrades, and parking lot improvements.

WHEREAS, a duly noticed public hearing held by the Planning Commission on November 27, 2023, with all persons having the opportunity to speak for and against the proposal, and the project was denied by the Planning Commission on a 6-1 vote; WHEREAS, on November 28, 2023 Mayor Stephens filed a request for the City Council review of the Planning Commission’s decision;
WHEREAS, a duly noticed public h earing was held by the City Council on January 16, 2024 with all persons having the opportunity to speak for and against the item;

829

Resolution No. 2024-xx Page 2 of 11

WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from the provisions of the Calif ornia Environmental Quality Act (CEQA) per Section 15301 (Class 1), for Existing Facilities.

WHEREAS, the CEQA categorical exemption for this project reflects the independent judgement of the City of Costa Mesa.

WHEREAS, the City Council has considered all public comments which have been received either in writing or at the public hearing.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES as follows:

BE IT RESOLVED that based on the evidence in the record and the findings contained in Exhibit A, and subject to the conditions of approval contained within Exhibit B, the City Council hereby approves Planning Application 22-45 with respect to the property described above.

BE IT FURTHER RESOLVED that the Costa Mesa City Council does he reby find and determine that adoption of this Resolution is expressly predicated upon the activity as described in the staff report for Planning Application 22-45 and upon applicant’s compliance with each and all of the conditions in Exhibit B, and complia nce with all applicable federal, State, and local laws. Any approval granted by this resolution shall be subject to review, modification or revocation if there is a material change that occurs in the operation, or if the applicant fails to comply with any of the conditions of approval.

BE IT FURTHER RESOLVED that if any section, division, sentence, clause, phrase or portion of this resolution, or the document in the record in support of this resolution, are for any reason held to be invalid or unconstitut ional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions.

830

Resolution No. 2024-xx Page 3 of 11

PASSED AND ADOPTED this 16th day of January, 2024.

_____________________________
John Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

________________________ _____________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF COSTA MESA )

I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 2024-xx and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 16th day of January, 2024, by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 17th day of January, 2024.

___________________________
Brenda Green, City Clerk

831

Resolution No. 2024-xx Page 4 of 11

EXHIBIT A

FINDINGS

A. Pursuant to Title 13, Section 13 -29(g)(2), Conditional Use Permit and Minor Conditional Use Permit Findings, of the Costa Mesa Municipal Code, the proposed project substantially meets specified findings for the proposed use and proposed 14 small car parking spaces:

Finding: The proposed development or use is substantially compatible with developments in the same general area and would not be materially detrim ental to other properties within the area.

Facts in Support of Findings:

Finding: Granting the conditional use permit or minor conditio nal use permit will not be materially detrimental to the health, safety and general welfare of the public or otherwis e injurious to property or improvements within the immediate neighborhood.

Facts in Support of Finding:

Finding: Granting the conditional use permit or minor conditional use permit will not allow a use, density or intensity which is not in accordance w ith the general plan designation and any applicable specific plan for the property.

Facts in Support of Finding:

B. The project is categorically exempt from the provisions of CEQA pursuant to CEQA Guidelines Section 15301 for the permitting and/or mino r alteration of Existing Facilities, involving negligible or no expansion of the existing use. This proposal includes a conditionally permitted use in an existing industrial office building with no increase in floor area or building height. The project is consistent with the applicable General Plan land use designation and General Plan policies as well as with the applicable zoning designation and regulations. Furthermore, none of the exceptions that bar the application of a categorical exemption pursuant t o CEQA Guidelines Section 15300.2 applies. The Project would not result in a cumulative impact; would not have a significant effect on the environment due to unusual circumstances; would not result in damage to scenic resources; is not located on a hazardo us site or location, and would not impact any historic resources. Lastly, the project is exempt from the requirement of a VMT analysis.

C. The project is not subject to a traffic impact fee, pursuant to Chapter XII, Article 3 Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. 832

Resolution No. 2024-xx Page 5 of 11

EXHIBIT B

CONDITIONS OF APPROVAL

Plng. 1. The use shall be limited to the type of operation described in the staff report and applicant’s letters dated September 12, 2023, subject to conditions. Any change in the operational characteristics including, but not limited to, hours of operation, maximum enrollment number, reducing onsite parking, or outdoor activities, shall be subject to Planning Division review and may require an amendment to the minor/c onditional use permit, subject to either Zoning Administrator or Planning Commission approval, depending on the nature of the proposed change. The applicant is reminded that Code allows the Planning Commission to modify or revoke any planning application based on findings related to public nuisance and/or noncompliance with conditions of approval [Title 13, Section 13-29(o)].

2. Approval of the planning/zoning application is valid for two years from the effective date of this approval and will expire at th e end of that period unless applicant establishes the use by one of the following actions: 1) a building permit has been issued and construction has commenced, and has continued to maintain a valid building permit by making satisfactory progress as deter mined by the Building Official, 2) a certificate of occupancy has been issued, or 3) the use is established and a business license has been issued. A time extension can be requested no less than 30 days or more than sixty (60) days before the expiration date of the permit and submitted with the appropriate fee for review to the Planning Division. The Director of Development Services may extend the time for an approved permit or approval to be exercised up to 180-days subject to specific findings listed in Title 13, Section 13- 29 (k) (6). Only one request for an extension of 180 days may be approved by the Director. Any subsequent extension req uests shall be considered by the original approval authority.

3. Any change in the operational characteristics of the use shall be subject to Planning Division review and may require an amendment to the conditional use permit, subject to either Zoning Administrator or Planning Commission approval, depending on the nature of the proposed change.

4. The applicant, the property owner and the operator (collectively referred to as “indemnitors”) shall each jointly and severally defend, indemnify, and hold harmless the City, its elected and appointed officials, agents, officers and employees from any claim, legal action, or pro ceeding (collectively referred to as "proceeding") brought against the City, its elected and appointed officials, agents, officers or employees arising out of City's approval of the project, including but not limited to any proceeding under the California Environmental Quality Act. The indemnification shall include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and cost of suit, attorney's fees, and other costs, liabilities and expenses incurred in connection with such 833

Resolution No. 2024-xx Page 6 of 11

proceeding whether incurred by the applicant, the City and/or the parties initiating or bringing such proceeding. This indemnity provision shall include the indemnitors’ joint and several obligation to indemnify the City for all the City's costs, fees, and damages that the City incurs in enforcing the indemnification provisions set forth in this section.

5. If any section, division, sentence, clause, phrase or portion of this resolution is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions.

6. Address assignment shall be requested from the Planning Division prior to submittal of working drawings for plan check. The approved address of individual units, suites, buildings, etc., shall be blueprinted on the site plan and on all floor plans in the working drawings.

7. A copy of the conditions of approval for the conditional use permit must be kept on premises and presented to any aut horized City official upon request. New business/property owners shall be notified of conditions of approval upon transfer of business or ownership of land.

8. The school shall not accommodate more than 500 students and 51 staff members at any time. The a pplicant shall also meet all State and local (Building and Fire) occupancy limitations or requirements.

9. The regular hours for which children are present shall be from 7:00 AM to 6:00 PM, Monday through Friday. Special events may occur beyond these hours.

10. The school shall maintain a minimum of 152 parking spaces.

11. During operation, the Applicant shall maintain and enforce the pick -up and drop -off schedule set forth in the Applicant’s Operation Plan to prevent adverse traffic conditions.

12. During operation, the Applicant shall evaluate site access during peak times to identify any operational issues with vehicle parking and queueing. If operational problems arise, the Applicant shall recruit a qualified professional to prepare a traffic circulation st udy identifying causes and solutions. Recommended actions from the traffic circulation study shall be implemented to the satisfaction of the Public Works Department.

13. Prior to issuance of a building permit, project plans shall demonstrate location of designated staff parking stalls along vehicle queuing path.

14. The project is subject to compliance with all applicable Federal, State, and local laws. A copy of the applicable Costa Mesa Municipal Code requirements has been forwarded to the applicant and, where applicable, the Authorized Agent, for reference.

15. The conditions of approval, code requirements, and special district requirements for PA -22-45 shall be blueprinted on the face of the site plan as part of the plan check submittal package.

16. The applicant shall contact the Planning Division to arrange Planning inspection of the site prior to the Building Division’s final inspectio ns.

This inspection is to confirm that the conditions of approval and Code 834

Resolution No. 2024-xx Page 7 of 11

requirements have been satisfied.

17. No m odification(s) of the approved building elevations including, but not limited to, change of architectural type, changes that increase the building height, removal of building articulation, or a change of the finish material(s), shall be made during constru ction without prior Planning Division written approval. Failure to obtain prior Planning Division approval of the modification could result in the requirement of the applicant to (re)process the modification through a discretionary review process or a vari ance, or in the requirement to modify the construction to reflect the approved plans.

18. It is recommended that the project incorporate green building design and construction techniques where feasible. The applicant may contact the Building Safety Division at (714) 754-5273 for additional information.

19. The subject property’s ultimate finished grade level may not be filled/raised unless nec essary to provide proper drainage, and in no case shall it be raised in excess of 30 inches above the finished grade of any abutting property. If additional fill dirt is needed to provide acceptable on -site stormwater flow to a public street, an alternative means of accommodating that drainage shall be approved by the City’s Building Official prior to issuance of any gr ading or building permits.

Such alternatives may include subsurface tie -in to public stormwater facilities, subsurface drainage collection systems and/or sumps with mechanical pump discharge in-lieu of gravity flow. If mechanical pump method is determine d appropriate, said mechanical pump(s) shall continuously be maintained in working order. In any case, development of subject property shall preserve or improve the existing pattern of drainage on abutting properties.

20. Demolition permits for existing structure(s) shall be obtained and all work and inspections completed prior to final building inspections. Applicant is notified that written notice to the Air Quality Management District may be required ten (10) days prior to demolition.

21. Transformers, ba ckflow preventers, and any other approved above - ground utility improvement shall be located outside of the required street setback area and shall be screened from view, under direction of Planning staff. Any deviation from this requirement shall be subjec t to review and approval of the Development Services Director.

22. Two (2) sets of detailed landscape and irrigation plans, which meet the requirements set forth in Costa Mesa Municipal Code Sections 13 -101 through 13-108, shall be required as part of the project plan check review and approval process. Plans shall be forwarded to the Planning Division for final approval prior to issuance of building permits.

23. A landscaping plan shall be submitted for Planning Division Review and shall comply with the City 's landscaping requirements and any applicable guidelines (i.e. Water Efficient Landscape Guidelines)”.

24. Existing mature trees shall be retained wherever possible. Should it be necessary to remove existing trees, the applicant shall submit a written 835

Resolution No. 2024-xx Page 8 of 11

request and justification to the Planning Division. A report from a California licensed arborist may be required as part of the justification.

Replacement trees shall be of a size consistent with trees to be removed and may be required on a 1:1 basis. This requirement shall be completed under the direction of the Planning Division

25. All landscaped areas shall be separated from paved vehicular areas by 6” high continuous Portland Cement Concrete curbing.

26. Prior to issuance of grading permits, developer sh all submit for review and approval a Construction Management Plan. This plan features methods to minimize disruption to the neighboring uses to the fullest extent that is reasonable and practicable. The plan shall include construction parking and vehicle access and specifying staging areas and delivery and hauling truck routes. The plan should mitigate disruption during construction. The truck route plan shall preclude truck routes through residential areas and major truck traffic during peak hours. The to tal truck trips to the site shall not exceed 200 trucks per day (i.e., 100 truck trips to the site plus 100 truck trips from the site) unless approved by the Development Services Director or Transportation Services Manager. Any construction access from the neighboring properties will require property owner permission.

27. Prior to issuance of grading permits, developer shall identify to the Development Services Director a construction relations officer to act as a community liaison concerning on -site activity, including resolution of issues related to dust generation from grading/paving activities.

28. No exterior roof access ladders, roof drain scuppers, or roof drain downspouts are permitted. This condition relates to visually prominent features of scupper s or downspouts that not only detract from the architecture but may be spilling water from overhead without an integrated gutter system whi ch would typically channel the rainwater from the scupper/downspout to the ground. An integrated downspout/gutter system which is painted to match the building would comply with the condition. This condition shall be completed under the direction of the Planning Division.

29. Trash facilities shall be screened from view, and designed and located appropriately to minimiz e potential noise and odor impacts to residential areas either within the garages or within the side year areas (behind fences).

30. Coordinate with the Public Services department for the selection and siting of new street trees and comply with adopted str eetscape standards.

836

Resolution No. 2024-xx Page 9 of 11

CODE REQUIREMENTS

The following list of federal, state, and local laws applicable to the project has been compiled by staff for the applicant’s reference. Any reference to “City” pertains to the City of Costa Mesa.

Plng. 1. Development shall comply with all requirements of Article 1, Chapter 5, Title 13, of the Costa Mesa Municipal Code relating to development standards for residential projects.

2. All noise-generating construction activities shall be limited to 7 a.m. to 7 p.m. Monday through Friday and 9 a.m. to 6 p.m. Saturday. Noise - generating construction activities shall be prohibited on Sunday and the following Federal holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.

3. All on-site utility services shall be installed underground.

4. Installation of all utility meters shall be performed in a mann er so as to obscure the installation from view from any place on or off the property. The installation vault, wall ca binet, or wall box under the direction of the Planning Division.

7. Landscaping and irrigation shall be installed in accordance with the approved plans prior to final inspection or occupancy clearance.

8. All unpaved areas visible from public right -of-ways shall be landscaped and the landscaping shall be maintained in a healthy condition, free of dying, dead, diseased, decayed, discarded , and/or overgrown vegetation.

9. Trash facilities shall be screened from view, and designed and located appropriately to minimize potential noise and odor impacts to neighbors.

10. Any mechanical equipment such as air -conditioning equipment and duct work shall be screened from view in a manner approved by the Planning Division.

11. Transformers, backflow prevent ers, and any other approved above - ground utility improvements shall be located outside of the required street setback area and shall be scr eened from view, under direction of Planning staff. Any deviation from this requirement shall be subject to review and approval of the Development Services Director.

Bldg. 12. Prior to building permit issuance, the conditions of approval shall be on the approved Architectural plans.
837

Resolution No. 2024-xx Page 10 of 11

13. Comply with the requirements of the following adopted codes Code, 2022 California Building Code, 2022 California Electrical code, 2022 California Mechanical code, 2022 California Plumbing code, 2022 California Green Building Standards Code and 2022 California Energy Code (or the applicable adopted, California Building code California Electrical code, California Mechanical code California Plumbing Code, California Green Building Standards and California Energy Code at the time of plan submittal or permit issuance ) and California Code of Regulations also known as the California Bu ilding Standards Code, as amended by the City of Costa Mesa.

Requirements for accessibility to sites, facilities, buildings and elements by individuals with disability shall comply with chapter 11B of the 2022 California Building Code.

14. A change of occupancy shall require compliance with 2022 California Building codes and Disabled access requirements of Chapter 11B of the 2022 California Building Code.

15. Prior to building permit issuance, the Applicant shall submit a plan to the County of Orange Health Dept. for review and approval.

16. A change of occupancy shall require compliance with 2022 California Building codes and Disabled access requirements of chapter 11B of the 2022 California Building Code.

Fire 17. Comply with the requirements of the 2022 California Fire Code and referenced standards as amended by the City of Costa Mesa.

Bus.

Lic.

18. All contractors and subcontractors must have valid business licenses to do business in the City of Costa Mesa. Final inspections, final occupancy and utility releases will not be granted until all such licenses have been obtained.

SPECIAL DISTRICT REQUIREMENTS

The requirements of the following special districts are hereby forwarded to the applicant:

AQMD 1. Applicant shall contact the Air Quality Man agement District (800) 288 - 7664 for potential additional conditions of development or for additional permits required by AQMD.

2. Prior to the Building Division (AQMD) issuing a demolition permit, contact South Coast Air Quality Management District located at:
21865 Copley Dr.

Diamond Bar, CA 91765-4178
Tel: 909-396-2000

OR

Visit their web site:
http://www.costamesaca.gov/modules/showdocument.aspx?documenti d=23381
838

Resolution No. 2024-xx Page 11 of 11

The Building Division will not issue a demolition permit until an identification number is provided by AQMD.

Cable 3. The applicant shall contact the current cable company prior to issuance of building permits to arrange for pre -wiring for future cable communication service.

Sani. 4. It is recommended that the applicant contact the Costa Mesa Sanitary District at (949) 645-8400 for current district requirements.

State 5. Comply with the requirements of the California Department of Food and Agriculture (CDFA) to determine if red imported fire ants (RIFA) exist on the property prior to any soil movement or excavation. Call CDFA at (714) 708-1910 for information.

839
ATTACHMENT 2
Resolution No. 2024-xx Page 1 of 5

RESOLUTION NO. 2024-xx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,

CALIFORNIA, UPHOLDING THE PLANNING COMMISSION DECISION TO DENY PLANNING APPLICATION 22 -45 FOR A NEW PUBLIC CHARTER HIGH SCHOOL (“VISTA MERIDIAN GLOBAL ACADEMY”) AND A MINO R CONDITIONAL USE PERMIT FOR SMALL CAR PARKING LOCATED AT 1620 SUNFLOWER AVENUE

THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY FINDS AND DECLARES AS FOLLOWS:

WHEREAS, Planning Application 22 -45 was filed by Joseph Smith, authorized agent for the proper ty owner, SFHY Enterprise, LLC requesting approval of the following:

Planning Application 22-45 is for a Conditional Use Permit (CUP) to allow a new public charter high school (“Vista Meridian Global Academy”) in an existing industrial office building and a Minor Conditional Use Permit (MCUP) for the allowance of small car parking. The proposed school would include grades 9 through 12 for up to 500 students, 36 full -time employees, and 15 part -time employees. School classes are proposed from 8:30 AM to 4:0 0 PM, Monday through Thursday and from 8:30 AM to 2:00 PM on Fridays. Student parking is proposed to be restricted with only student drop-off/pick-up allowed during limited hours. Proposed improvements would consist of interior remodeling of the existing t wo-story building, new building signage and paint, accessibility upgrades, and parking lot improvements.

WHEREAS, a duly noticed public hearing held by the Planning Commission on November 27, 2023, with all persons having the opportunity to speak for and against the proposal, and the project was denied by the Planning Commission on a 6-1 vote; WHEREAS, on November 28, 2023 Mayor Stephens filed a request for the City Council review of the Planning Commission’s decision;
WHEREAS, a duly noticed public hearing was held by the City Council on January 16, 2024 with all persons having the opportunity to speak for and against the item;

840
Resolution No. 2024-xx Page 2 of 5

WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from the provisions of the California Environmental Quality Act (CEQA) per Section 15301 (Class 1), for Existing Facilities , and Section 15270(a) for projects that a public agency rejects or disapproves.

WHEREAS, the CEQA categorical exemption for this project reflects the independent judgement of the City of Costa Mesa.

WHEREAS, the City Council has considered all public comments which have been received either in writing or at the public hearing.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES as follows:

BE IT RES OLVED that based on the evidence in the record and the findings contained in Exhibit A, the City Council hereby denies Planning Application 22-45 with respect to the property described above.

BE IT FURTHER RESOLVED that if any section, division, sentence , clause, phrase or portion of this resolution, or the document in the record in support of this resolution, are for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions.

PASSED AND ADOPTED this 16th day of January, 2024.

_____________________________
John Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

________________________ _____________________________ Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney

841
Resolution No. 2024-xx Page 3 of 5

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF COSTA MESA )

I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and forego ing is the original of Resolution No. 2024-xx and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 16th day of January, 2024, by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 17th day of January, 2024.

___________________________
Brenda Green, City Clerk

842
Resolution No. 2024-xx Page 4 of 5

EXHIBIT A

FINDINGS

A. Pursuant to CMMC Section 13-29(g), when granting an application for a conditional use permit and/or a minor conditional use permit , the reviewing authority shall find that the evidence presented in the administrative record substantially meets certain required findings. The Applicant failed to meet its’ burden to demonstrate that the proposed project would comply with all of the requirements of Section 13 -29(g)(2), and therefore the City Council was unable to make the required findings to approve the proposed use for each and every reason set forth herein below:

Finding: The proposed development or use is substantially compatible with developments in the same general area and would not be materially detrimental to other properties within the area.

Facts in Support of Findings for Denial: The proposed public charter school was found to be incompatible with the adjacent land uses in that the proposal includes educating minors within the City’s Measure X “ green zone”, where cannabis manufacturing, distribution, research and development, testing, and home delivery businesses are allowed to operate . There are approximately 25 cannabis non-storefront businesses operating in the green zone, with the closest non-storefront cannabis business operating approximately 50 0 feet from the subject site. The proposed project also presents traffic circulation and queueing concerns, as adjacent property owners voiced their concerns regarding existing and potential traffic impacts resulting during peak hour pick-up and drop-off times for students. A specific concern is the potential of traffic queueing that would occur along the southbound lane of Hyland Avenue impacting the adjacent property located north of the project site.

Finding: Granting the conditional use permit or min or conditional use permit will not be materially detrimental to the health, safety and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood.

Facts in Support of Finding for Denial: The proposed charter school would be materially detrimental to the health, safety and general welfare of the public and otherwise injurious to property or improvements within the immediate neighborhood as the proposed traffic queuing plan provided by the applicants is insufficient for a proposed school with 500 students . In addition, the internal circulation proposed for the site is not adequately designed to accommodate the circulation needs of three school buses, ten school vans , private vehicles for 36 employees and the daily pick up and drop off activity for 500 students. The school would cause a risk to student’s health and safety as a result of the increase in pedestrian, bicyclist and vehicle traffic circulating through the project site at high- demand periods (pick-up and drop -off). Lastly, the proposed school’s education programs are limited to indoor spaces and do not provide any outdoor on-site 843
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student activity areas which is incompatible with the proposed school use and detrimental to student health and welfare.

Finding: Granting the conditional use permit or minor conditional use permit will not allow a use, density or intensity which is not in accordance with the general plan designation and any applicable specific plan for the property.

Facts in Support of Finding for Denial: The proposed school would result in a use, density and intensity that is not in conformance with the General Plan in that the subject property is located in the City’s Industrial Par k General Plan Land Use area which requires Institutional uses (schools) to be compatible with adjacent land uses and to not result in traffic issues. The City Council could not make the required Conditional Use Permit findings because of potential land use incompatibility of educati ng minors within the C ity’s Measure X “green zone” where cannabis manufacturing, distribution, research and development, testing, and home delivery businesses are allowed to operate , and the onsite and offsite traffic conflicts that would result from the intensity of the proposed new 500-student school.

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VIST A CHARTER PUBLIC SCHOOLS
We transform the school experience
2900 West Temple Street
Los Angeles, CA 90026 Don Wilson Ed.D., Superintendent
T 213 269-4767 | F 213 269-4762 Collin Felch, Ed.D., Deputy Superintendent www.vistacharterpublicschools.org Karen Amaya, Assistant Superintendent December 15, 2023
Dear City Council Members,
My name is Don Wilson, Superintendent of Vista Charter Public Schools. We operate Vista Meridian Global Academy and are eager to serve the Costa Mesa community.

Our application for a Conditional Use Permit was submitted to the city in January 2023. We spent this past year outreaching to local businesses and residents, conducting extensive traffic and parking surveys and strategies, and designing a first class school campus that best serves our students while also being a good local neighbor.

Despite a positive staff recommendation and the extensive support from the community, including the Costa Mesa Chamber of Commerce, our application was denied by the Planning Commission. Our project is now appealed to the City Council, and we are scheduled to be heard at the January 16, 2024 meeting. I am writing to ask for your support and to invite you to meet with our team to better understand our commitment to the city and our extensive work to meet all the land use conditions that were required by the city.

Please also note that I reached out again to the Newport Mesa Unified School District Superintendent Dr. Wesley Smith recently and had a very productive conversation. There were a number of inaccurate data points presented during the Planning Commission meeting and it was important to us to discuss these numbers with the Superintendent. We also reiterated to him our desire to work collaboratively with the District as we jointly seek to provide quality educational options for all Costa Mesa students.

I look forward to the opportunity to discuss with you our school, and our application, in more detail.

Please contact me personally at (310) 428-0539 to arrange a time convenient with your schedule.

Sincerely,
Don Wilson, Ed.D.

Superintendent
Vista Charter Public Schools
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VIST A CHARTER PUBLIC SCHOOLS
We transform the school experience
2900 West Temple Street
Los Angeles, CA 90026 Don Wilson Ed.D., Superintendent
T 213 269-4767 | F 213 269-4762 Collin Felch, Ed.D., Deputy Superintendent www.vistacharterpublicschools.org Karen Amaya, Assistant Superintendent January 5, 2024
Dear Mayor and City Councilmembers;
As you are aware our CUP application is coming before you for consideration at the January 16, 2024 City Council meeting. Earlier I wrote to you to introduce myself and our school, Vista Meridian Public Charter High School. I am sending this follow up correspondence to provide additional information about our property and the extensive land use and entitlement process we went through with city staff to ensure that we would be good neighbors in the community and mitigated any issues or concerns about our school operations. I am also making myself available again to meet with you to tour our site or to schedule a phone call or meeting to answer any additional questions you may have about this item.

First and foremost I want to reiterate that Vista is a free, public high school available to any Costa Mesa student who believes our school mission and objectives meet their educational needs. We currently operate a school in Santa Ana and are interested in expanding into Costa Mesa with a 500 student body enrollment at our site located at 1620 Sunflower Avenue. Our student population in Santa Ana is currently 94% hispanic and we recognize that our new school in Costa Mesa could have similar demographics. I’ve attached my previous communication which highlights again the focus of our academics and our commitment to excellence for our students and families.

Our CUP application includes the conversion of an existing 37,455 sf, two-story office building to a public charter school on an existing developed site. Our proposal includes the remodeling of an existing building and minor ancillary site improvements to meet current building code standards for educational use. No physical expansion of the building footprint or increase in height is proposed. The site has ample onsite parking and a vehicle queuing lane to facilitate the proposed use. It is important to reiterate here that the property owner, Mr. Tim Nguyen is eager to have this project approved. Since the pandemic his building has been vacant, and office and commercial uses are not in demand. Activating this property with a vibrant school use not only creates economic value to the owner, but to this area of the city that is ripe for redevelopment. Given the recently approved residential uses in the area, and the positive outreach and support we received from the Harbor Gateway/Segerstrom Business Park, SOCO, Rose Equities, as well as the Costa Mesa Chamber of Commerce, we believe our project is a good fit for this corridor.

I want to assure you that we engaged a team of qualified professionals who worked for over a year with the city to bring forth a solid application that has been recommended for approval by city staff. The City independently conducted an extensive Transportation Impact Analysis that evaluated Vista’s onsite drop-off and pick-up program, onsite vehicle queuing and circulation, potential for any impacts to offsite roadways and intersections, and V ehicle Miles Traveled (VMT). The report concluded that at full student capacity, the City’s streets and intersections would continue to operate at an acceptable Level of Service (LOS). As such, the report found that no offsite improvements were needed to City streets or -2-
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VIST A CHARTER PUBLIC SCHOOLS
We transform the school experience
2900 West Temple Street
Los Angeles, CA 90026 Don Wilson Ed.D., Superintendent
T 213 269-4767 | F 213 269-4762 Collin Felch, Ed.D., Deputy Superintendent www.vistacharterpublicschools.org Karen Amaya, Assistant Superintendent intersections. Additionally, the report confirmed that the project was considered to have a less than significant impact on VMT with no mitigation measures required. Please note that none of our students are permitted to drive to campus and park. Vista anticipates up to 40% of its students would utilize school-provided transportation services with others participating in its “Bike-to-School Program” due to the site’s proximity to the Santa Ana River Trail.

As for consideration under the California Environmental Quality Act (CEQA), city staff confirmed and recommended the project be categorically exempt from the provisions of CEQA pursuant to CEQA Guidelines Section 15301. The project consists only of the repair, maintenance, and/or minor alteration of existing structures involving negligible or no expansion of the use beyond that existing at the time of this determination. Importantly, the project is consistent with the Industrial Park land use designation in the General Plan that states “Institutional uses may also be appropriate, provided that land use compatibility and traffic issues have been addressed. Institutional uses will require discretionary approval.” The project site is approximately 2.168 acres in size, is located within an urban area, and can be adequately served by all required utilities and public services. The project is consistent with all General Plan designations and policies, and is consistent with all applicable zoning regulations upon approval of the requested entitlement. As designed, the project will not have significant environmental impacts related to traffic, noise, air quality, and water quality. In addition, pursuant to CEQA Guidelines Section 15300.2 (c), none of the six exceptions to the use of a categorical exemption apply to the project.

In summary, our school is dedicated to providing quality educational services and being a good non-profit organization in Costa Mesa. I am happy to discuss further and will make myself available at your convenience.

Sincerely,
Don Wilson, Ed.D.

Superintendent
Vista Charter Public Schools
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1/8/24, 2: 31 PMVista Meridian Eyes New High School - Orange County Business Journal