ACTION:
____________________________
Clerk/Secretary
Department: Engineering Item No: C8
Prepared by:
Erin Adams, Administrative Programs Manager
Gabe Grewe, Capital Projects Manager Meeting Date: January 13, 2026 Approved by:
Greg Mayer, Department Director
John Conley, City Manager Agenda Location: Consent Calendar S
UBJECT: CIP NO. 8385 – SOLAR STREETLIGHT PROJECT – AWARD OF CONTRACTS RE
COMMENDATION:
1. Adopt City Council Resolution No. 2026- , approving a goods purchase contract with Fonroche Lighting A
merica Inc for the Solar Streetlight Project (CIP No. 8385).
2. Adopt City Council Resolution No. 2026- , awarding a construction contract to Select Electric, Inc. for the Solar Streetlight Project (CIP No. 8385).
3. Adopt City Council Resolution No. 2026- , approving Construction Change Order No. 1 to the contract with Select Electric, Inc. for the Solar Streetlight Project (CIP No. 8385).
CO
RRELATION TO CITY COUNCIL GOALS : Traffic: Continue to enhance mobility safety, improve the flow of traffic for all forms of travel, reduce congestion, and improve our roads and sidewalks.
P
RIOR ACTION: On June 11, 2024, adopted City Council Resolution No. 2024- 86, adopting a Capital Project Budget for Fiscal Years 2024/25 and 2025/26 (Vote: 5-0).
S
TATEMENT ON THE SUBJECT : Capital Improvement Project (CIP) No. 8385 involves installing solar streetlights at locations throughout the city that have been requested by the public and evaluated by staff as needing additional streetlighting. These solar streetlights are stand-alone units and will not be connected to the electric grid.
A
pilot study using the selected Fonroche Lighting solar streetlights was successfully completed in March 2025. The pilot included 12 solar streetlights installed on Cocapah Street, Tatum Street, Spires Street, and Onley Drive.
Fonr
oche Lighting solar streetlights are recommended for use in the next phase of this project to ensure a consistent standard for maintenance and aesthetics citywide. Because this equipment is available from only one vendor, staff recommends exempting this procurement from competitive bidding requirements under Vista Municipal Code 3.08.150.N.
The nex
t phase, which is included in this report, will install 88 additional solar streetlights at locations throughout the city that have been requested and identified as needing additional streetlighting.
C
hange Order No. 1 includes an additional nine locations that were also requested and identified as needing additional streetlighting.
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
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MEETING DATE: January 13, 2026 PAGE 2
SUBJECT: CIP NO. 8385 – SOLAR STREETLIGHT PROJECT – AWARD OF CONTRACTS Staff advertised the installation project for competitive bids on the City’s procurement website and online procurement portal, OpenGov. On November 26, 2025, the following seven bids were received:
B
idder’s Name Office Location Total Bid Amount
S elect Electric, Inc. Anaheim, CA $620,195
Bear Electrical Solutions, LLC Alviso, CA $634,500
DBX, Inc. Temecula, CA $638,772
HMS Construction, Inc. Vista, CA $695,000
Aicon Technologies San Diego, CA $697,500
T&M Electric, Inc. Santee, CA $733,500
Southwest Signal Service Santee, CA $973,638
S
taff reviewed the bid of $ 620,195 from Select Electric, Inc. and has determined that they are the lowest responsible bidder who responded to all the requirements of the bid request. Therefore, s taff recommend that the City Council award the construction contract for the Solar Streetlight Project (CIP No. 8385) to Select Electric, Inc.
FI
SCAL IMPACT: The contract with Fonroche Lighting America Inc for the purchase of the solar streetlights is $372,575. The construction contract is $620,195, with a 10 percent contingency for a total budget o f $682,214.50. Construction Change Order No. 1 for the contract with Select Electric, Inc. is $76,080. The total funding associated with approval of staff recommendations is $1,130,869.50. Sufficient funding is budgeted and available in the Fiscal Years 2024/25 and 2025/26 Capital Improvement Budgets in CIP No. 8398, Source Appropriation Accounts (No. 0026555.578999.8385).
EXHIBITS:
1. City Council Resolution 2026- , approving a goods purchase contract with Fonroche Lighting American I
nc for the Solar Streetlight Project (CIP No. 8385)
2. City Council Resolution 2026- , awarding a construction contract to Select Electric, Inc. for the Solar Streetlight Project (CIP No. 8385)
3. City Council Resolution 2026- , approving Construction Change Order No. 1 to the contract with Select Electric, Inc. for the Solar Streetlight Project (CIP No. 8385)
4. Contract with Fonroche Lighting America Inc
5. Contract with Select Electric, Inc.
6. Construction Change Order No. 1 to the contract with Select Electric, Inc. 01/13/2026
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00029213 7
RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, APPROVING A GOODS PURCHASE CONTRACT WITH FONROCHE LIGHTING AMERICA INC. FOR THE SOLAR STREETLIGHT PROJECT (CIP NO. 8385)
The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. The City completed installing twelve (12) solar streetlights in March of 2025 using Fonroche Lighting America Inc. solar streetlights.
B. Fonroche Lighting America Inc. solar streetlights are recommended for use in the next phase to ensure a consistent standard for maintenance and aesthetics citywide.
C. Staff recommends exempting this procurement from competitive bidding requirements under Vista Municipal Code 3.08.150.N as this equipment is available from only one vendor.
2. Action.
A. The procurement of solar streetlights from Fonroche Lighting America, Inc. is exempt from competitive bidding requirements as they are the only vendor of the specific streetlight already in use by the City of Vista.
B. The contract between the City of Vista and Fonroche Lighting America Inc. for the purchase of solar streetlights is approved and the Mayor is authorized to execute the contract.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on January 13, 2026, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
APPROVED
Walter C. Chung
20251217143433
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
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EXHIBIT 1
00029213 7
RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, AWARDING A CONSTRUCTION CONTRACT TO
SELECT ELECTRIC, INC. FOR THE SOLAR STREETLIGHT PROJECT (CIP NO. 8385)
The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. The City solicited bids for the construction of the Solar Streetlight Project (CIP No. 8385) and on November 26, 2025, public bids for construction were opened and Select Electric, Inc. was the lowest bidder.
B. Staff determined that the bid from Select Electric, Inc. is responsive in all material aspects to the request for bids, and the bid from Select Electric, Inc. for the construction of the Solar Streetlight Project has been determined to be the lowest responsive, responsible bid.
2. Action.
A. The contract between the City of Vista and Select Electric, Inc. for the Solar Streetlight Project is approved and the Mayor is authorized to execute the contract.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on January 13, 2026, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
APPROVED
Walter C. Chung
20251217143803
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
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EXHIBIT 2
00029213 7
RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA, APPROVING CONSTRUCTION CHANGE ORDER NO. 1 TO THE CONTRACT WITH SELECT ELECTRIC, INC. FOR THE SOLAR STREETLIGHT PROJECT (CIP NO. 8385)
The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. The City solicited bids for the construction of the Solar Streetlight Project (CIP No. 8385) and Select Electric, Inc. is the lowest responsive, responsible bid.
B. The City desires to add nine (9) additional solar streetlights to the project.
C. Staff recommends the approval of Construction Change Order No 1. to add the additional streetlights.
2. Action.
A. Construction Change Order No. 1 to the contract with Select Electric, Inc. for the Solar Streetlight Project (CIP No. 8385) is approved and the Mayor is authorized to execute the contract.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on January 13, 2026, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
APPROVED
Walter C. Chung
20251217144056
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
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EXHIBIT 3
00110374 11 FONROCHE LIGHTING AMERICA INC
4863-3553-8339, v. 2
GOODS PURCHASE CONTRACT FOR SOLAR STREETLIGHTS
THIS CONTRACT is entered into as of ____________________ (“Contract Date”), by and between the City of Vista, a chartered municipal corporation (“City”), and FONROCHE LIGHTING AMERICA INC, a Delaware corporation (“Seller”).
In consideration of their mutual covenants, and for good and valuable consideration, receipt of which is acknowledged, City and Seller agree as follows:
1. SALE AND PURCHASE
Seller will sell, transfer and deliver to City, and City will accept and purchase from Seller, the “Goods” as set forth in the Seller’s quote (“Exhibit B”).
2. TERM OF CONTRACT
This Contract shall be in effect for 6 calendar months (“Term”). The Term may be extended at the City’s option for an additional 3 months, in increments of City’s choice, for a maximum Term of 9 from the Contract Date.
3. PRICE
Seller shall invoice City at the pricing specified in Exhibit B, with a “Contract Ceiling Price” of $372,575.00. Price shall include all sales tax, delivery/destination/transportation fees and all other costs associated with the sale of the Goods.
4. PAYMENT
City shall tender payment within thirty (30) days after receipt of the invoice. Payment shall be considered as having been tendered upon the date such payment has been received, deposited and posted into Seller’s bank account.
5. CONTRACT DOCUMENTS
The Contract comprises the following documents including all additions, deletions, modifications and appendices and all addenda setting forth any modifications or interpretations of any of these documents: Documents required under Exhibits B-D. In the event of a conflict between the provisions of this Contract and Exhibit B, the provisions of this Contract shall control.
6. WARRANTY
The goods described in Exhibit B shall have a manufacturer’s warranty against defects in materials and workmanship, attached hereto as Exhibit C. Any repairs, replacements, or modifications required under the provisions of the warranty shall be made promptly and to the satisfaction of City, and without cost to the City.
7. DELIVERIES; AUTHORIZATION
Seller shall deliver the Goods to:
City of Vista
Attention: Gabe Grewe
2430 Lupine Hills Drive
Vista, CA 92084
(760) 643-5413
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EXHIBIT 4
00110374 12 FONROCHE LIGHTING AMERICA INC
4863-3553-8339, v. 2
Seller shall deliver the Goods to City in accordance with any delivery schedule specified in Exhibit B. Delivery shall include any user manuals and product specifications that are reasonably necessary for use or operation of the Goods. City shall not be obligated to accept delivery of Goods unless order is properly authorized.
8. TRANSPORTATION CHARGES
The Goods specified in Exhibit B shall be sold and delivered to City F.O.B. to the address listed in Section 7.
9. SUPPLY AND OUTPUT CAPABILITY OF SELLER
It is agreed that the supply and output capabilities of Seller with respect to the Goods specified in Exhibit B are sufficient to supply the requirements of City. If Seller is unable for any reason to supply City’s requirements, Seller shall immediately notify City. City may, at its sole and exclusive option, notify Seller in writing of City’s decision to terminate this Contract without liability.
10. ASSIGNMENT AND DELEGATION; SUCCESSORS
Neither Seller nor City shall assign any rights or delegate any obligations of this Contract without express written approval and acceptance of the other party. Any such assignment or delegation without express written approval and acceptance shall be null and void. All terms, conditions and provisions of this Contract shall inure to and bind each of the parties hereto, and each of their successors in interest, executors, and administrators.
11. CONFLICT OF INTEREST REQUIREMENT
Seller agrees that, to the extent applicable, it shall comply with and be bound by all laws and regulations deriving from the relationship of the Seller to the City, including the Political Reform Act (Government Codes Section 87100 et seq.) Chapters 2.32 or 2.33 of the Vista Municipal Code, the Community Redevelopment Act (Health & Safety Code 33000 et seq.) and all regulations promulgated thereunder (collectively “Conflict Laws”). As a condition precedent to the formation of this Contract, Seller warrants and covenants that it is adequately informed regarding the obligations and duties imposed by the Conflict Laws and that to the best of Seller's knowledge and belief, there exists no conflict of interest (under the laws) that would disqualify the Seller from participation in any decisions arising out of the performance of this Contract. Prior to commencement of any work in the performance of this Contract, Seller shall comply with any applicable requirements of Chapter 2.32 of the Vista Municipal Code, including any requirement to file a financial disclosure statement with the City Clerk. Seller further agrees that no employee, agent or subcontractor for Seller shall perform any work for the City pursuant to this Contract which will violate the Conflict Laws.
12. PROHIBITION OF FINANCIAL INTEREST BY CITY OFFICIAL
Seller warrants and covenants to City that no City Official has or will have any current or future financial interest in this Contract as of the date approved, nor shall Seller promise, offer, or enter into any written, oral or implied Contract, to provide any financial interest or remuneration of any kind or manner to any City official with respect to this Contract. For purposes of this Section, the term “City Official” shall mean and include any elected or appointed officer of City, any employee of City, or any spouse or financial dependent of a City official or employee. A violation of this provision shall render this Contract null and void and Seller shall be subject to restitution of all fees or money paid or earned under this Contract.
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00110374 13 FONROCHE LIGHTING AMERICA INC
4863-3553-8339, v. 2
13. INDEMNIFICATION
Seller shall defend, indemnify and hold City and its officers, officials, employees, and volunteers (collectively, “Indemnitees”) harmless against any and all liability, loss, damage, fine, penalty, expense, claim or cost (including without limitation costs and fees of litigation) of every nature (collectively, “Liability”) arising out of or in connection with this Contract or its performance, including defects in design, except: (1) liability caused by Indemnitees’ sole negligence or willful misconduct; or (2) for liability caused by Indemnitees’ active negligence, in which case the indemnity received by Indemnitees shall be reduced by the amount: (i) that Indemnitees’ active negligence contributed to the liability on a comparative basis; or (ii) such other amount as may be required by law (“Duty of Indemnification”).
14. INSURANCE
Seller shall comply with the insurance provisions set forth in Exhibit D.
15. INTEGRATION
The terms of this written Contract are intended by the parties to be the final expression of their Contract with respect to such terms and also as a complete and exclusive statement of such terms.
16. EXHIBITS
All documents referenced as exhibits in this Contract, or referenced in an exhibit to this Contract, are incorporated herein.
17. COUNTERPARTS, ELECTRONIC SIGNATURES; ELECTRONIC DELIVERY This Contract may be executed in separate counterparts, none of which need contain the signatures of both Parties, and each of which, when so executed, shall be deemed an original and all together shall constitute and be one of the same instrument. The Parties agree that this Contract, whether executed by electronic signature, digital signature, or constituting a scanned or electronically reproduced copy or image of this Contract bearing the signatures of the Parties, will be deemed an original and will represent competent evidence of the execution, terms and existence of this Contract notwithstanding the failure or inability to produce an original executed Contract or counterpart thereof, and without the requirement that the unavailability of such original executed Contract or counterpart thereof first be proven. Further, the exchange of this entire executed Contract (and/or such exhibit(s) or document(s)) that is in photostatic or portable document format (.pdf) form by electronic mail or by another electronic means shall be considered original(s) and shall constitute effective execution and delivery of the original(s).
18. MODIFICATIONS
This Contract contains the entire Contract, between the Parties and supersedes all prior negotiations, discussions, obligations, and rights of the Parties in respect of each other regarding the subject matter of this Contract. There is no other written or oral understanding between the Parties. No modification, amendment or alteration of this Contract shall be valid unless it is in writing and signed by all Parties.
19. APPLICABLE LAW, VENUE
This Contract shall be construed and enforced under the laws of the State of California. If any action is commenced by any Party to this Contract, such action shall be filed in a court of competent jurisdiction within the County of San Diego, California.
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00110374 14 FONROCHE LIGHTING AMERICA INC
4863-3553-8339, v. 2
20. CALIFORNIA COMMERCIAL CODE REMEDIES
Seller and City shall each have the remedies provided under the California Commercial Code for any breach, default, or non-performance of any provision in this Contract.
21. EXECUTION
IN WITNESS WHEREOF, the Parties hereto have executed this Contract as of the Contract Date.
“City”
CITY OF VISTA, a chartered municipal
corporation
By:
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
RISK MANAGEMENT REVIEW:
ANALISA HOLBROOK, RISK MANAGER
By:
“Seller”
FONROCHE LIGHTING AMERICA INC, a
Delaware corporation
By:
Name/Title
By:
Name/Title
APPROVED
Amanda L. Guy
20251203091839
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00110374 15 FONROCHE LIGHTING AMERICA INC
4863-3553-8339, v. 2
EXHIBIT A
Inapplicable to this Contract
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00110374 1 6 FONROCHE LIGHTING AMERICA, INC.
4863-3553-8339, v. 2
EXHIBIT B
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Fonroche Lighting America
2224 SE Loop 820, Building C
Fort Worth, TX 76140
339-225-4530
Shipping fees do not include offloading at the delivery site. It is the customer’s responsibility to arrange for any necessary equipment or personnel to unload the shipment upon arrival.
Fonroche is not in charge of or responsible for utility lines. Fonroche positions its lights on each layout to provide the proper photometric results. It is solely the responsibility of the customer to do their own due diligence in cooperation with the local utility to determine easement/spacing requirements from the utility lines, as well as any other requirements of the local utility.
Beware of Fraud: Any advance payment request will only be made on the basis of a proforma invoice sent by Fonroche Lighting America.
Shipping estimated; final cost determined on day of shipping and added to invoice.
United StatesShip To
City of Vista, CAShip To Name
Within 6 WeeksEst. Lead Time
11/29/2025Quote Expiration
Date
8/29/2025Quote Date
G9174-Vista CA - Additional Locations-RevDQuote Name
00086510Quote Number
Fonroche Lighting America is only responsible
the structural integrity of the solar equipment
provided. While we will work to support and
provide calculations, Fonroche cannot be held
responsible for the integrity of the existing poles
and foundations.
Notes to the
customer
Prices are FOB OriginShipping Terms
50% deposit, 50% Net 30 from Ship
Date-contingent on credit approval
Payment Terms
Adam SanchezOpportunity Owner
Fonroche Model
Number Fonroche Product Description Price
System Quantity Amount
[T54-CK16B-3K-GEN3]
[P190F-3P]HW-MC
Fixture Color: BK
POLE: NO POLE -
Includes Adapter for
Round Concrete Pole -
4' Arm-4Ft Arm-Pole
Color:
SmartLight Assembly with 936Wh-24V NiMH Battery , special extreme temperature (from -40 °F to +158 °F), 1 x 190W solar module with Top of Pole assembly and Intelligent management/control system. Provisioned for Single Fixture configuration.
Adapter 1 Round Concrete Pole Single Essential (Formerly CK16B) Fixture Color Temp 3K Dist. Type GEN3-Fixture Color: . Power Assembly color is black. Mount:
High wind and enhanced marine coating.
NO POLE - Includes Adapter for Round Concrete Pole - 4' Arm-4Ft Arm-Pole Color is
Assumes No Shading | Assumes little or no snow
10 Degrees Tilt
100% =21 Watts worst case conditions.T-PM: 6 hrs. @100% | T-N (Balance of night) @80% | T-AM: 2 hrs. @100%
USD
3,095.00 29.00 USD
89,755.00
[T54-CK16B-3K-GEN3]
[P190F-3P]HW-MC
Fixture Color: BK
POLE: NO POLE -
Includes Adapter for
Fluted Concrete Pole -
SmartLight Assembly with 936Wh-24V NiMH Battery , special extreme temperature (from -40 °F to +158 °F), 1 x 190W solar module with Top of Pole assembly and Intelligent management/control system. Provisioned for Single Fixture configuration.
Adapter 2 for Fluted Concrete Pole. Single Essential (Formerly CK16B) Fixture Color Temp 3K Dist. Type GEN3-Fixture Color: . Power Assembly color is black.
Mount: High wind and enhanced marine coating.
NO POLE - Includes Adapter for Fluted Concrete Pole - 4' Arm-4Ft Arm-Pole Color is
8 Year Warranty All Night Lighting 365 Days a Year - Full Battery Replacement USD
3,095.00 2.00 USD
6,190.00
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Fonroche Lighting America
2224 SE Loop 820, Building C
Fort Worth, TX 76140
339-225-4530
Seller's Terms and Conditions of Sale in effect on the date of this order shall apply to this quote and are hereby incorporated by reference.
Seller's Terms and Conditions of Sale may be viewed at https://www.fonrochesolarlighting.com/about-us/terms/.
Pricing is based on Fonroche Lighting America's Standard Terms & Conditions and any additional terms stipulated herein. It is the Representative's responsibility to convey these terms to the customer. Without prior written approval from Fonroche Lighting America's Sales Director, any deviation from these terms may constitute a change in this pricing at the time of order.
USD 372,575.00Quote Total
USD 18,944.00Programming,Pkg,
Ship & Handling Est.
USD 353,631.00Total Line Items
4' Arm-4Ft Arm-Pole
Color:
Assumes No Shading | Assumes little or no snow
10 Degrees Tilt
100% =21 Watts worst case conditions.T-PM: 6 hrs. @100% | T-N (Balance of night) @80% | T-AM: 2 hrs. @100%
[T54-CK16B-3K-GEN3]
[P190F-3P]HW-MC
Fixture Color: BK
POLE: 20Ft. Round
Tapered Pole-Direct
Burial-1-4 FT Arm
--Pole Color:
SmartLight Assembly with 936Wh-24V NiMH Battery , special extreme temperature (from -40F to +158F), 1 x 190W solar module with Top of Pole assembly and Intelligent management/control system. Provisioned for Single Fixture configuration.
Single Essential (Formerly CK16B) Fixture Color Temp 3K Dist. Type GEN3-Fixture Color: . Power Assembly color is black. Mount: High wind and enhanced marine coating.
20Ft. Round Tapered Pole-Direct Burial-1-4 FT Arm --Pole Color is 8 Year Warranty All Night Lighting 365 Days a Year - Full Battery Replacement Assumes No Shading | Assumes little or no snow
10 Degrees Tilt
100% =21 Watts worst case conditions.T-PM: 6 hrs. @100% | T-N (Balance of night) @80% | T-AM: 2 hrs. @100%
USD
3,634.00 69.00 USD
250,746.00
GATEWAY
Fonroche Connect Gateway enables optional wireless networking and customer portal access. With long-range LoRA communication, you can connect one or more SmartLight Projects for monitoring and reporting. Communications included, NO MONTHLY FEES. *Requires 3G/4G/5G*
USD
1,388.00 5.00 USD
6,940.00
This quotation is subject to the following terms and conditions 01/13/2026
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00110374 1 7 FONROCHE LIGHTING AMERICA, INC.
4863-3553-8339, v. 2
EXHIBIT C
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GENERAL TERMS AND CONDITIONS OF SALE - FONROCHE LIGHTING AMERICA
These General Terms and Conditions of Sale apply to all sales or supply of off-grid streetlights and lighting solutions and related materials and services (the “Product(s)”) that are sold by FONROCHE LIGHTING AMERICA (“FLA”) to you
(the “Purchaser”). These general conditions of sale can be consulted online: https://www.fonrochesolarlighting.com/ and are attached to the acknowledgement of receipt of
each of the orders placed by the Purchaser.
The Purchaser acknowledges prior to placing any orders
that it has consulted the general conditions of sale and Purchaser's signature on the purchase order(s) shall
constitute acceptance by the Purchaser of these general conditions of sale absent a separate written agreement
between FLA and the Purchaser. These general conditions shall take precedence over all the Purchaser’s conditions of purchase, notwithstanding any provisions to the contrary.
1. PRODUCTS
The prices and information stated on the communications media, marketing materials, price lists, and other similar documentation are for information only. FLA reserves the right to make all modifications concerning the design,
form, sizes or materials of these Products, for which the sketches and descriptions are shown on the
communications media.
The technical characteristics of the Products are for
information only and may not, under any circumstances,
be the cause of claims regarding the Product or reductions of the price of the Product. The Products are custom
manufactured based on information provided by
Purchaser and the results of a lighting application study that includes information provided by Purchaser.
2. AGREEMENT TO PURCHASE PRODUCTS
(i) Agreement.
Purchaser acknowledges and agrees that the following
documents shall constitute the agreement between the
parties with respect to those Products manufactured,
developed or modified by or on behalf of FLA or its
affiliates and third-party products offered by FLA ("Third- Party Products") and in the event of any conflict between such documents (collectively, the "Agreement") the
following order of precedence shall apply:
1. The Specific Conditions (if any)
2. The General Conditions of Sale;
3. The acknowledgement of receipt of orders;
4. The installation instructions for the products
provided by FLA;
5. Privacy Policy set forth at
https://fonroche.wpengine.com/about-
us/privacy-policy/, as may be updated from
time to time by FLA (the "Privacy Policy");
6. End User License Agreement, if any.
(ii) Orders.
The FLA Products are custom manufactured based on
information provided by Purchaser: All inquiries to
purchase Products by the Purchaser must include all the requisite information and, in particular, the description of the Products ordered (reference number of the technical study), the quantity and the delivery terms (place,
timeframe, etc.), as well as the price (notified by FLA and valid at the time the order is placed, i.e., except as
otherwise provided for, sixty (60) days as from it being sent or issued to the Purchaser). The Purchaser warrants the accuracy and completeness of the information provided to FLA in order to conduct the technical study (the “Study”).
Such information is contractual in nature, and includes but is not limited to the following information ("Site
Information").:
- The geographical location (specific climatic area,
whether the area is affected by snow and wind or
sand and dust, atmospheric pollution, if the
location is a coastal area, if the location required a
soil study, etc.);
- The use and intended purpose of the Products
(private, public, roads, functioning, intensity and
other characteristics);
- The technical characteristics of the Products (type,
dimensions, colors, etc.);
- The applicable administrative information notified
by the Purchaser (zoning and other regulations that
are applicable to the area, etc.).
Based on the Site Information provided to FLA, the
Purchaser agrees to use the Product in ways that comply strictly with the information that it declared at the time of the Study.
The Purchaser acknowledges that any commercial picture, graphic design, technical rendering, and video clip used by FLA whether before or after the order has been placed are used only for illustrative purpose and are not contractually binding.
Based on this Site Information, FLA will issue a quotation, proposal or offer to Purchaser to sell the Products to
Purchaser ("Offer"). Assumptions, exclusions, and
qualifications stated by FLA in an Offer will be construed as part thereof. Any Offer may be accepted by Purchaser within the period stated in such Offer or, in the event that no period is stated, within thirty (30) days from the date of the Offer, provided that FLA may amend, withdraw or
revoke any Offer at any time prior to the receipt by FLA of Purchaser's acceptance of an Offer. Offers and Prices are subject to correction for typographical or clerical errors.
All orders must be accepted in writing by FLA. FLA shall confirm its agreement to the Purchaser within eight (8) days in the form of the Agreement.
Purchaser may accept the Offer by issuing a purchase
order ("Order"). All Orders must include the project
number indicated in the Offer, a description and quantity of each Product ordered, the requested delivery location and timeframe, and the price as set forth in the Offer.
Purchaser is solely responsible for the accuracy of any Order, including the accuracy of the specifications for, and configuration of, the Products, and the compatibility and interoperability with other products that are not provided by FLA. Purchaser warrants that all information, including Site Information, provided to FLA is complete, accurate and true, and Purchaser acknowledges that a failure to
provide complete, accurate and true information or
instructions to FLA may detrimentally affect FLA’s ability to perform its obligations or exercise its rights under the Agreement. Any different or additional terms in any Order, blanket instructions, terms of purchase or other writing from Purchaser will be deemed a material alteration of
these Terms and are expressly objected to and rejected
and will be of no force or effect. Commencement of
performance or shipment will not be construed as
acceptance of any of Purchaser’s terms or conditions. No Order will be deemed final or accepted by FLA unless and until confirmed in a written Acknowledgment from FLA
(each an “Order Acknowledgment”) and such Order
Acknowledgment shall be deemed effective when issued
by FLA and shall not be contingent upon signature by
Purchaser
The submission of an Order by the Purchaser constitutes a unilateral, irrevocable promise to purchase Products.
Upon acceptance of the purchase order by FLA, the
Agreement shall be considered binding All cancellations, withdrawals or reductions of an order, without FLA’s
express agreement, shall constitute a breach of its
obligations by the Purchaser. FLA reserves the right
exercise contractual rights to obtain performance of the Agreement or to cancel the order, FLA's discretion.
The results of the Study, as well as any proposal or offer are exclusively for the Purchaser and cannot be assigned without FLA’s consent. FLA may engage a third-party
credit insurance provider to guarantee contractual
obligations of Purchaser. Such third-party credit insurance does not relieve Purchaser of contractual obligations. If third-party credit insurance is not available for the
transaction or if a third-party credit insurance does not guarantee the Purchaser's order, specific means of
payment or guarantees from Purchaser shall be
implemented for each transaction.
An invoice shall be issued that corresponds to each
delivery. The effective date of delivery shall be both the invoice date of issue and the starting point for the
computation of the due date in the event of deferred
payment. Credit for deposits or prior payments by
Purchaser shall be noted on the invoice.
(iii) Changes to orders
The Products sold by FLA are manufactured after receipt and acceptance of the Order. Any changes to or
cancellations of orders must be requested in writing by the Purchaser, and shall only be accepted by FLA
according to the state of progress of the order fulfilment.
If FLA does not agree to the change or cancellation, the deposit made shall not be returned and the costs of
modification, paint removal or paint refurbishment, as
well as damages, and a restocking fee, may be invoiced. If either: (i) Purchaser requests a change in writing and FLA agrees to such change, including any cancellation, delay or suspension of the Order, or the addition, omission,
alteration, substitution or modification of the design, quality, standard, quantity, or delivery location of
Products; or (ii) FLA is required to change an Order due to (A) changes in applicable laws, regulations or industry standards, (B) emergency situations, (C) incorrect or
incomplete information provided by Purchaser, or (D)
non-compliance by Purchaser of any of its obligations
under the Agreement (each, an “Order Change”),
Purchaser shall reimburse FLA for all costs and expenses incurred by FLA with respect to such Order Change. If FLA does not agree to a cancellation, delay, or other Order Change requested by Purchaser, FLA shall have no
obligation to return any deposits or prior payments made by Purchaser Course of performance or usage of trade will not be applied to modify these Terms.
All changes shall require a written rider or addendum to the Contract, regardless of the extent of the changes
made. A change shall be understood to mean all requests for modifications of the technical characteristics of the Products, or changes in the laws, regulations, standards or quantities, or increases in the prices of raw materials after the date of entry into effect of the Contract.
(iv) Other materials
Any FLA or third-party marketing material, specification, price sheet or other similar documentation is provided
strictly for informational purposes and will not be deemed an offer. While efforts were made to verify the
completeness and accuracy of these materials, they are
provided AS IS without warranty of any kind, express or implied. In addition, such materials are subject to change by FLA without notice. FLA shall not be responsible for any damages arising out of the use of, or otherwise related to, these sales and marketing materials and nothing
contained therein is intended to, nor shall have the effect of, creating any warranties or representations from FLA or its suppliers or licensors, or altering the terms and
conditions of these General Conditions of Sale.
3. DELIVERIES
(i) Deliveries
Deliveries are made in accordance with the Incoterm FCA- Plant to Needham Heights, Massachusetts (USA), unless
stipulated otherwise in the specific conditions that bind the Purchaser and FLA. Deliveries shall only be made
according to availabilities and in the sequence in which orders arrive.
The delivery times are stated in the acknowledgement of receipt of the order.
Goods travel at the risks and jeopardy defined by the
Incoterm stated in the specific conditions or, by default, at the risks of the Purchaser, which shall be responsible for verifying shipments upon arrival, making known any
reservations and lodging any claims with the carrier, even if the shipment was free on board.
FLA shall, as of right, be released from all commitments regarding the delivery time if the Purchaser has not
complied with the payment conditions or:
- In the event of force majeure (i.e., all events that
are beyond the control of FLA and that prevent it
from operating normally at the stage of
manufacturing or dispatching the Products), as
defined in Article 14;
- If events occur such as lockouts, total or partial
strikes that interfere with the functioning of the
departments of FLA or of one of its suppliers, sub-
contractors or carriers, disruption of
transportation, or of the supply of energy, raw
materials or spare parts, epidemics, war,
requisition, fire, adverse weather conditions,
natural disaster, machinery accidents, etc.;
- When the information to be provided by the
Purchaser does not reach FLA in a timely manner,
as well as in the event of changes or new
specifications.
(ii) Delays
The delivery times are given for information purposes only and with no guarantee. A delay does not authorise the
Purchaser to cancel the sale, to refuse the goods or to benefit from damages.
If FLA does not comply with the contractual performance timeframes, for reasons that are directly attributable to it and when the delay has caused actual harm to the
Purchaser, proof of which the Purchaser must provide, FLA shall pay, after formal notice that has remained without effect, within fifteen (15) business days and in response to a substantiated claim by the Purchaser, an indemnity
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calculated on the contractual amount excluding tax, for the part of the services that were delayed, at the rate of
0.2% per complete week’s delay.
The aggregate amount of these penalties may not exceed
5% of the amount excluding tax of the order for which FLA collected payment, delivery of which is delayed.
FLA’s total liability in respect of the delay may not exceed a total amount of 5% of the amounts that were collected in the form of the price of the Agreement excluding tax.
Said penalties shall take the form of liquidated damages, and shall exclude all other compensation for the Purchaser in this regard and all penalties in respect of the delay. (iii) Dispatch
If dispatch is delayed for reasons that are attributable to the Purchaser, FLA reserves the right to apply reasonable storage fees and/or any additional costs to the Purchaser.
4. HANDLING AND STORAGE
The batteries, LEDs and solar panels must be stored in a place that is protected from the elements, in their original packaging. The Purchaser shall comply with the provided specifications of the batteries (specifically with all
instruction inherent to ambient humidity level,
minimum/maximum temperature, etc.). The batteries
must be installed before the date stated on the packaging.
The mechanical parts must not be stored directly on the ground or near to an area in which powdered materials
are stored. It is not recommended to store the mechanical components for a long period without adequate
ventilation, in order to avoid any deterioration.
5. CARRIAGE
FLA shall organise the Carriage. Responsibility and liability for Carriage are defined by the Incoterm that is stated in the specific conditions or, by default, shall be the
responsibility of the Purchaser. It shall be the
responsibility of the Purchaser to verify shipments upon arrival, to make known any reservations and to lodge any claims with the carrier, if even the shipment was free on board.
Our shipments, which are free on board and include
packaging, shall always be understood to mean unloading by the recipient, as the driver cannot operate alone.
All additional carriage expenses caused by the Purchaser (e.g., in the event of an incorrect delivery address or if the recipient is not present) shall automatically be charged to it. The goods are deliverable under the Incoterm FCA-Plant unless stipulated otherwise in the specific conditions that bind the Purchaser and FLA; otherwise, they travel at the Purchaser’s risks and jeopardy. The Purchaser must take all steps to enable and/or facilitate the receipt of the Products ordered. It must, in particular, ensure that the reception infrastructure (premises, facilities, etc.)
complies with all requirements or recommendations
expressed by FLA in its technical documentation or by any other means. The Products shall be deemed to have been
received by the Purchaser within seventy-two (72) hours from the delivery of the Products to the Purchaser’s Site. (i) Claims
Notwithstanding the statutory obligations, in order to be taken into account, all claims concerning the nature, type, characteristics, delivery notes and apparent quality of the Products must be made in writing and notified to the
carrier within a maximum timeframe of 48 hours from the receipt of the Product, with a copy to FLA.
(ii) Packaging
Packaging that is not consigned shall always be paid by the Purchaser and shall not be recovered by FLA. In the
absence of any specific indications on this subject, the packaging shall be prepared in accordance with the
standards defined by FL.
(iii) Returns of deliveries
The return of a Product that was delivered can only be
accepted on an exceptional basis after first obtaining FLA’s written agreement and after a delivery return acceptance number has been issued (“delivery return no.”); all returns that do not comply with these provisions shall be
automatically rejected. After the delivery return
acceptance number has been issued by FLA, the Product
must be returned within thirty (30) calendar days, in the state in which it was delivered, both with regard to the Product and its packaging. No returns shall be accepted after this date. If the visual aspect does not comply with the purchase order, only undamaged Products that are in perfect condition will be accepted, i.e., with no marks, unopened and with all the accessories, documentation
and cables that were originally supplied. The
refurbishment expenses and the risks associated with
returning this equipment shall be the responsibility of the Purchaser.
6. PRICE AND PAYMENT CONDITIONS
The Products are sold by FLA to the Purchaser at the rate in force when the order is placed. The Purchaser must be able to consult the rate in force at all times. The prices stated in the offer are expressed in US dollars, net of all taxes and excluding transport levies, as applicable. The Specific Conditions of the offer define the total price of the Products when there is flat-rate price and, as applicable, shall provide the breakdown of this price (the price of the studies, supply and carriage).
The price is established on the basis of the laws and
regulations in force on the date on which the offer was submitted.
The price may be revised as from the date on which the
offer is submitted under the conditions provided for in the offer, according to the formulas for price revision
published by the Lighting Confederation.
(i) Payment terms.
All amounts due from the Purchaser to FLA, including the prices and shipping costs, are payable up-front at the time of order.
For certain orders FLA may agree in the acknowledgment
of receipt to accept a 50% (fifty percent) deposit at the time of order with the balance due NET thirty (30) days from the date of an FLA invoice. FLA may change these
payment terms, in its discretion, in the event of any non- performance by the Purchaser or any adverse material
change in the Purchaser’s credit report. The Purchaser
shall pay all amounts due to FLA in full without any set-off, counterclaim, deduction, tax, or other withholding.
No discounts are offered for cash payment.
Payments by bill of exchange are not accepted.
(ii) Late payment.
The (total or partial) non-payment of an amount when
due shall, constitute a default under the Agreement, and shall lead to accelerated maturity and all monies owed
shall be due immediately, even if the due dates are in the future. In such a case, the monies owed shall immediately fall due after formal notice has been duly served by FLA via registered letter with return receipt, unless FLA
chooses to cancel the orders. In this case, cancellation shall not only affect the order concerned, but also all orders to be delivered.
FLA shall also, without prior formal notice, charge the Purchaser interest on all due amounts from the due date until FLA has received full payment thereof, the lesser of the rate of eighteen percent (18%) per annum or the
applicable statutory rate.
If a payment is not made when due, the Purchaser shall
be liable for all reasonable and necessary costs of
collection, without prejudice to any other rights of FLA.
No claims by the Purchaser can suspend the payments it
owes and no offsetting may be affected without FLA’s
written agreement; the Purchaser expressly declares that it wishes to make payment notwithstanding any
difficulties.
Any deterioration of the Purchaser’s credit may justify a demand for guarantees or cash payment before filling the orders received. This shall be the case, in particular, if there is a change in the Purchaser’s capacity, in its
professional activity (or, if it is a company, in its corporate officers or in the form of the company), or if a sale, lease, pledge or contribution of its going concern has a negative effect on the Purchaser’s credit. FLA may also cancel any current orders if, while the orders are being filled, it becomes aware of the fact that the Purchaser is
undergoing insolvency proceedings.
7. RETENTION OF TITLE
Purchaser undertakes the duty of care and risk of loss at delivery.
In the event of non-payment by the Purchaser, FLA,
without losing any of its other rights, may, by registered letter with return receipt, order the Products to be
returned at the Purchaser’s expense and risk. FLA may:
- Arrange for an inventory of the Products for which the Purchaser has not paid to be drawn up;
- Recover the Products that were delivered, which must
be identifiable at all times.
The Purchaser shall owe an indemnity to cover loss of
value that is equal to 1% of the price of the Products per month the Products are held between delivery and return.
This indemnity shall be offset against any down payments that were made.
The Purchaser shall refrain from granting any pledge, right of lien or other rights to a third party on the Products and, in general, the Purchaser undertakes to do everything that is necessary in order to protect, as much as possible, the interests of FLA, in particular with regard to the owner of its premises and all other creditors.
Notwithstanding the above, the risks of loss or of total or partial damage of the Products shall be transferred to the Purchaser as soon as they are delivered. The Purchaser
must, in this respect, take out all insurance policies to cover the Product and, as applicable to enable any
indemnities to be paid directly to FLA commensurately
with any amount that is owed to it, including both
principal and interest, by the Purchaser.
8. WARRANTIES
FLA undertakes, in respect of the warranties offered, to provide free of charge the Product components that are
needed in order to repair or replace the defective
Products, it being specified that these warranties shall only apply to Products that are installed and used in
accordance with the rules of the art, and with the local regulations and standards in force, and in complete
compliance with the installation instructions provided by FLA, which are part of the set of contractual documents accepted by the Purchaser. Except as otherwise expressly stated by the Purchaser, the equipment ordered is
presumed to be used at the place of reference for the
Technical Study referred to in Article 2. It is therefore in relation to this place that the technical characteristics of the equipment delivered are defined.
The warranties offered concern the replacement of parts if they are defective, under the following conditions:
(i) Defects granting the right to the warranty
The warranty exclusively concerns the supply or the repair of the following parts:
The photovoltaic panel, the battery and the LED array
(lights): Replacement or repair of the product for the first eight (8) years.
Under the conditions set out herein, FLA undertakes to
provide the Product components that are needed to
remedy any operating defect of the Products, the origin of which is a flaw in the design or materials.
FLA may, at its option, decide whether it is appropriate to repair or replace the components of the defective
Products, without its liability being triggered over and above the warranty conditions that are set forth in this Article.
In the event that FLA decides to replace all or part of the Product, the warranty concerning the replaced
components shall be limited to the duration of the initial warranty period.
The cost of carriage and labour incurred by the
replacement or the repair of the spare parts shall be paid for by the Purchaser.
The labour operations may only be performed by a third
party if FLA has approved said third party in writing.
All other representations, warranties or conditions,
whether explicit or implicit, statutory or otherwise, are formally excluded. FLA does not assume any liability of any kind whatsoever concerning all losses, all damage or harm that are directly or indirectly attributable, or that are connected in any way to the quality, compliance or use of the Products.
(ii) Duration and starting point of the warranty
The warranty period shall start on the delivery date stated on the delivery note that is accepted and signed by the Purchaser or its representative. If, at the Purchaser’s request, the dispatch of the equipment that has already been manufactured in full is deferred for a reason that is beyond the control of FLA, the extension of the warranty period cannot exceed three (3) months beyond the
delivery date initially defined.
(iii) Warranty exclusions
Products that are stored and installed under the following conditions are expressly excluded from the warranty:
- Normal wear and tear of the mechanical parts as
related to their installation environment;
- Use and utilisation of the Product that does not
correspond to the information declared at the time
of the Study;
- Geographical location, the effect of which is the
occurrence of unpredictable weather conditions,
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winds in excess of 70km/h, etc.;
- Corrosivity:
o An environment, the corrosivity of
which is higher than that defined in
category C3 of ISO 12944 for standard
products;
o An environment, the corrosivity of
which is higher than that defined in
category C4 of ISO 12944 for marine
products.
- The Product’s physical installation does not
conform to the physical limitations imposed by the
Product;
- Caustic and/or corrosive environments (for
example, including but not limited to, industrial
chemical plants, very humid environments and
environments that are saturated in fertilising
products);
- Exposure to very polluted environment, fine
particles, excessive dust or sand causing premature
soiling of the panels, including without being
limited to:
o areas with variable rainfall;
o high traffic areas (especially if the air
emission is not or lightly regulated).
- The existence of over-voltages or non-compliant
electrical facilities (over-voltages and under-
voltages in excess of those defined by the
applicable standards in force or current fluctuations
linked to a management system that exceeds the
limits specified for the Product);
- The presence of ground vibrations or tremors;
- The presence of a harmonic oscillation
phenomenon or any resonance associated with
movements of air around the Product;
- Failure to comply with the Installation instructions
(for example, in the event of assembly errors);
- Utilization that does not correspond to the purpose
or intended use (e.g., an Installation that does not
comply with the rules of the art, a lack of
maintenance as advised in the installation
instructions provided by FLA, a lack of surveillance,
storage and handling that do not comply with the
conditions laid down by FLA, etc.);
- A modification of or work on the Product (in any
form whatsoever) performed directly by the
Purchaser or by a third party. Work or a
modification shall be understood to mean, in
particular, any addition or any removal of a part or
component of the Product, in particular the
installation or the use of accessories, applications
(software), or the replacement of original parts
(e.g. lighting or cabling systems);
- In the event that the installation is performed after the date stated on the packaging,
The following are also excluded from the warranty:
- Defects arising from substances and materials
supplied by the Purchaser or a design imposed by
the Purchaser;
- Products, the amount of which has not been paid in
full to FLA, or, in the event of payments in
instalments, Products for which the Purchaser has
not respected the payment instalment dates;
- Defects arising from a case of force majeure, as
defined in Article 14, or that originate from an act
of vandalism, civil unrest, falling objects, explosion
or fire, or any other situation beyond the control of
FLA.
(iv) Conditions under which the warranty can be
triggered
In order to be able to claim the benefit of triggering the warranty, prior to the order, the Purchaser must have
provided to FLA in writing and with proof of receipt, the purpose, intended use and conditions of use of the
Product (in particular in connection with the Study).
In order to trigger the warranty, the Purchaser must:
- Inform FLA, in writing without delay, of the defects
it is attributing to the equipment and provide all
explanations and justifications concerning the
reality thereof;
- Make all arrangements for FLA to safely inspect and
remedy said defects. This shall include accessibility
of FLA team’s and vehicles (including aerial work
platform);
- Moreover, unless FLA expressly agrees, refrain from
carrying out the repair itself or arranging for it to be carried out by a third party.
(v) Functioning of the warranty (after-sales service)
After receipt by FLA of the request to trigger the warranty, FLA may accept the request and, in this respect, issue a file number (“after-sales service return no.”), or refuse the request and provide the reason(s) for the refusal to the Purchaser.
After-sales service returns function as follows:
1- a file number is allocated for the “after-sales service return” by FL;
2- FLA sends the equipment in a timely manner at the
Purchaser’s expense.
3- the Purchaser returns the defective equipment, at
its expense, within thirty (30) calendar days, as from
the “after-sales service return” number being
notified, to the following address:
FONROCHE LIGHTING AMERICA
4- 4900 David Strickland Rd
Fort Worth ,TX 76119
5- FLA takes delivery of the technical equipment and
starts the in-house technical audit;
6- FLA’s in-house technical audit reveals if the defect is covered by the warranty or not.
(a) If the defect is covered by the warranty:
1- FLA staff replace or repair the defective part in the conditions set out herein;
2- FLA sends back the equipment under warranty to
the Purchaser at the Purchaser’s expense;
3- the warranted equipment is returned by the
Purchaser, at its expense, to FLA within thirty (30)
calendar days of receipt of the replaced equipment.
4- the parts and labour not covered by the warranty*,
if any, are invoiced.
*After-sales service repairs or replacements are, as a priority, dealt with in FLA workshops. Nevertheless, in the event that, given the nature of the equipment, the repair must take place on the site where the equipment is installed, the cost of carriage of the equipment or of the defective parts, as well as that of the return of the repaired or replaced equipment or parts, shall be paid by the Purchaser, as shall FAL’s travelling and accommodation expenses in the event of repair on the site where the equipment is installed. (b) If the defect is not covered by the warranty, the Article 9 may apply.
FLA shall recover title to parts that are replaced free of charge.
This warranty cannot be assigned or transferred.
All repairs or all replacements under the warranty cannot result in the warranty period being extended.
FLA reserves the right to modify the equipment hardware in order to comply with its obligations.
In the event of failure to return the warranted equipment that is under warranty or replacement equipment by the
Purchaser, within the timeframes mentioned above (in
sections 3 and 6.3), a penalty for late performance of an amount of two hundred (200) dollars per day’s delay shall be applied, without any prior formal notice having to be served by FL. The total amount of the penalties invoiced to the Purchaser may not exceed 5% of the total amount
of the contract.
9. OPTIONS PROPOSED BY FLA
(i) Installation service
The installation of the Products order may, on an optional basis and after this option is formally confirmed on the purchase order, be provided by FLA.
(a) Custody
In this case, the Purchaser shall have Custody of all or part of the Products that are removed or installed by FLA, or by one of its partners, prior to or during the installation operations, on the site for which the Products are
intended or on the Purchaser’s premises.
(b) Receipt
In this case, all of the risks that are inherent in the Products shall automatically be transferred to the
Purchaser upon its signature of the receipt slip that
confirms the compliant completion of the installation
operations.
FLA may freely decide on partial receipts for selected
consignments of Products that have been compliantly
installed.
(ii) Garland
If the Purchaser wishes to hang a garland on the Products, it shall subscribe to such option. The said garland shall be compliant to the technical instructions given by FLA,
especially as regard to dimensions, weight, projected
surface, etc.
If the Purchaser does not comply with the technical
instructions, FLA will be deemed released from any related to the warranty regarding the integrity of the Products. (iii) After-Sale service
If pursuant to Article 8, the technical audit made by FLA reveals that the defect is not covered by the warranty:
1- FLA shall issue a quote for the repair of the
equipment;
2- FLA carries out the repairs or returns the unrepaired equipment (at the Purchaser’s choice);
3- The equipment loaned is returned by the Purchaser
to FLA within thirty (30) calendar days of receipt of
the replaced equipment.
4- FLA invoices a flat-rate amount for the loan of the
replacement equipment, and for the costs of the
technical audit, carriage and travel.
In the event of failure to return such equipment within the timeframes mentioned above, a penalty for late
performance of an amount of two hundred (200) dollars
per day’s delay shall be applied, without any prior formal notice having to be served by FLA. The total amount of the penalties invoiced to the Purchaser may not exceed 5% of the total amount of the contract.
FLA shall recover title to parts that are replaced free of charge.
10. RIGHTS IN SOFTWARE, DOCUMENTATION, AND
INTELLECTUAL PROPERTY
(i) Ownership. All Intellectual Property Rights in
and to the Products and associated software and
documentation shall remain the sole and exclusive
property of FLA, its affiliates, or third-party suppliers, and their respective licensors. No Intellectual Property Rights are conferred to Purchaser or any third-party other than explicitly granted under the Agreement. For the purposes of these Terms, “Intellectual Property Rights” include but are not limited to patents, copyrights, database rights, trademarks, domain names, trade secrets, and know-how
of FLA, its affiliates, or third-party suppliers, and their respective licensors.
(ii) License Grant. Subject to Purchaser’s
fulfillment of all obligations under the Agreement, the supply of Products (including software embedded in
Products) includes a license to Purchaser under any
Intellectual Property Rights of FLA, to the limited extent that such Intellectual Property Rights are embodied or
embedded in the Products purchased, to use or resell the Products as sold by FLA.
(iii) License Limitations. With respect to any
software embedded in a Product or any other software
application supplied to Purchaser, Purchaser shall not and shall not permit any third-party to: (i) copy, reproduce, distribute, modify, adapt, alter, translate, or create
derivative works therefrom; (ii) assign, sublicense, lease, rent, loan, transfer, disclose, or otherwise make available such software or other works; (iii) merge or incorporate such software with or into any other software; or (iv)
reverse assemble, decompile, disassemble, or otherwise
attempt to derive the source code or the algorithmic
nature for such software, or to decode, de-crypt or
neutralize any security measures in software or remove or circumvent the protection of software, without
authorization from FLA except as explicitly allowed under applicable law.
(iv) Third-party Rights. Purchaser acknowledges
that third parties may own Intellectual Property Rights related to the Products. Purchaser shall not reproduce, without any amendments or changes, any proprietary
rights of FLA, its affiliates, or their third-party suppliers in any software or documentation provided by FLA.
(v) Feedback and Product Data. FLA will be free
to use in any way or form any ideas, suggestions, feedback, or recommendations by Purchaser (or End-Users) to FLA
regarding the Products (“Feedback”), without payment of royalties or other consideration to Purchaser. FLA will own all Intellectual Property Rights in Feedback.
11. FONROCHE CONNECT
The Parties agree that the Fonroche Connect software is and remain the sole property of FLA. Thus,
notwithstanding the ones accorded by the present Article, the Purchaser expressly acknowledges that it shall hold no right, whatsoever, on such software.
(i) Use prerequisite
In order for the Product to benefit from Fonroche Connect, the Purchaser shall download and keep updated the
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following technical prerequisite, for the full duration of the Product’s use:
• “Google Chrome” Web Browser, as well as
JavaScript and Cookies activated
The Purchaser shall refrain from filing any complaint in connection with Fonroche Connect, should the use
prerequisite not be fulfilled.
(ii) Fonroche Connect exploitation
The Purchaser grants to FLA the right to connect to its products through Fonroche Connect, at any given time
and without any prior notice.
The Purchaser grants to FLA the right to operate any
change or update regarding Fonroche Connect, at any
given time and without any prior notice.
The configuration setup of Fonroche Connect were
realized by FLA and according to factors established by the latter. Therefore, no modification to the exploitation
setting of “Fonroche Connect” shall be requested by the Purchaser, nor it shall refuse FLA’s decision to suppress or to reduce the exploitation setting’s configuration, the data sharing or the data processing.
The Purchaser is informed that Fonroche Connect might
require occasional and free of charge interventions by the FLA teams on the Products.
The Purchaser agrees to the principle of these
interventions.
Therefore, FLA shall propose, by email, an intervention appointment to the Purchaser, no later than three (3) days prior to it. Without any answer in the twenty-four (24) hours following the notice, the appointment shall be
deemed as accepted.
In the event that the Purchaser’s persistent silence and/or repeated denial of the intervention should prevent FLA
from operating the intervention needed for Fonroche
Connect’s proper functioning, the Purchaser shall in no case be entitled to any form of compensation based on
either “Fonroche Connect’s or the Product’s malfunction, and such for as long as the aforementioned intervention is refused.
(iii) Fonroche Connect Data
The Purchaser declares being informed that Fonroche
Connect’s exploitation is likely to generate technical data (“the Data”).
The Purchaser understand that the Data exploitation
doesn’t enable, in any form or by any means, its
identification and thus authorizes FLA to collect, to store on any physical or digital support and to exploit the Data. (iv) Fonroche Connect’s property
The Purchaser declares being properly informed of the
fact that Fonroche Connect is FLA’s exclusive property.
Consequently, the Purchaser shall refrain from altering or modifying the latter, as well as from analysing it or to wrongly reproduce it.
(v) Access rights
The Purchaser is accountable for the confidentiality and security of the Fonroche Connect access rights entrusted to him. The Buyer is therefore accountable for any
fraudulent and/or harmful action committed at the
expense of FLA by means of or through the rights which
he holds.
12. PRIVACY AND USE OF DATA
(i) Each party shall comply with all applicable data
protection laws. Unless agreed otherwise by the parties, FLA (or its subcontractors) will not process information relating to any identified or identifiable natural persons (“Personal Data”) for Purchaser or on Purchaser’s behalf.
In the event that FLA processes Personal Data as part of its own legitimate business purposes, it will do so in
accordance with the Privacy Policy.
(ii) Purchaser acknowledges and agrees that FLA and its affiliates (and their respective subcontractors) may collect information and data generated from the FLA Products
(including any Third-Party Product, service or system
provided in conjunction with the FLA Product) or the use thereof (“Usage Data”) and that FLA shall own and may
exercise all Intellectual Property Rights therein. FLA grants to Purchaser a limited non-exclusive, non-sublicensable and non-transferable (except to End-User license to use the Usage Data solely for its internal use in connection with the operation of the FLA Products. Unless otherwise stated in the Agreement (including but not limited to an EULA) or the Privacy Policy, Usage Data will exclude any Personal Data and any data that would enable the
identification of Purchaser or any third-party.
13. RECYCLING
The Purchaser represents that it has been validly informed of the fact that FLA has a recycling facility that makes it possible to limit the environmental impact of the Products when they are dismantled.
In this respect, the Purchaser undertakes, in the event that its Products are dismantled, to regard FLA as a recycling partner and to propose to it, as a priority over all third parties, to carry out the recycling operations for its
Products. Absent FLA’s written agreement within fifteen (15) days of the Purchaser’s proposal concerning recycling, the Purchaser may validly route its dismantled Products to other recycling channels.
14. FLA’S LIABILITY
(i) Liability for direct and indirect damage to property FLA shall not compensate the harmful consequences of
faults by the Purchaser or third parties concerning the performance of the Contract, or the harm that results
from use by FLA of technical documents, data or any other resource provided, use of which is imposed by the
Purchaser and that contain errors that were not detected by FLA. Under no circumstances may FLA’s liability be
triggered in the event of indirect damage to property.
(ii) Liability for direct and indirect consequential damage Under no circumstances shall FLA be required to
indemnify direct or indirect consequential damage, such as, in particular: operating losses, loss of profit and commercial loss.
FLA’s liability is strictly limited to the obligations that are expressly stipulated in these general conditions of sale. All the penalties and indemnities that are attributable to FLA and are provided for therein have the nature of liquidated damages that entail discharge and exclude all other
sanctions and indemnification.
(iii) Liability limitation
Other than the compensation of bodily injuries, regardless of the cause, FLA’s liability is limited to an amount that, except otherwise provided in the specific conditions, is capped at a maximum amount that corresponds to 10% of
the monies received in respect of the supply or the service on the date of the claim.
The Purchaser shall vouch for the waiver of recourse by its insurers or third parties with which it has a contract, against FLA or its insurers, in excess of the limits and for the exclusions defined above.
15. INDEMNIFICATION
(i) FLA Indemnity. In the event of a third-party
claim alleging that any FLA Product supplied to Purchaser by FLA infringes the Intellectual Property Rights of such third-party (“IP Claim”), FLA will defend Purchaser and reimburse Purchaser for any final award of damages by a court of competent jurisdiction holding that the such FLA Product directly infringes such third-party’s Intellectual Property Rights. FLA shall have no obligation to defend or indemnify Purchaser for any IP Claim: (i) arising from or related to any Third-Party Product; (ii) resulting from compliance with Purchaser’s design, drawings,
specifications or instructions; (ii) resulting from use of the FLA Product other than in accordance with its
specifications, (iii) resulting from any modification or adaptation of a product, deliverables and/or Service made by or on behalf of Purchaser; (iv) arising from any third- party Intellectual Property Rights covering any assembly, circuit, combination, method or process, in the
manufacture, testing or application in which such
Products supplied by FLA may have been used; or (v)
resulting from compliance with an industry standard
applying to the FLA Product.
(ii) Purchaser Indemnity. Purchaser shall
indemnify, defend and hold harmless FLA and its affiliates, and their officers, directors, agents, employees,
successors, and assigns from and against, all losses
(including loss of profits or turnover), liabilities, costs (including legal costs and costs incurred in relation to unfinished products) and expenses arising out of or in
connection with: (i) a breach by Purchaser or any End-
User of any of the provisions or obligations of the
Agreement, including but not limited to these Terms; or (ii) any claim by third parties for any loss, damage or injury or death caused or alleged to be caused by the negligent use, application, or installation of the Products, or caused by any modification of a Product or integration of a
Product into other products not authorized by FLA, by
Purchaser or its End-Users, or their respective contractors, agents, or affiliates (“Third-Party Claim”).
(iii) Indemnification Procedure. In the event of
any IP Claim or Third-Party Claim (each an “Indemnified Claim”), the party seeking indemnification must give the other party written notice of such Indemnified Claim
promptly after such party first becomes aware of it. The party seeking indemnification shall not enter into any
settlement in connection with any such Indemnified
Claim, nor incur any costs or expenses in connection with any such Indemnified Claim without the prior consent of the other party. The indemnifying party will have the right to choose counsel to defend against the Indemnified
Claim (subject to approval of such counsel by the
indemnified party, which approval may not be
unreasonably withheld, conditioned, or delayed) and to
control and settle the Indemnified Claim. The indemnified party will have the right to participate in the defense of the Indemnified Claim at its sole expense.
(iv) Infringement Resolution. If the Products are,
or in FLA’s opinion, are likely to become, the subject of any IP Claim, FLA may at its own option and at its own expense either: (i) procure for Purchaser the right to continue using such Product; or (ii) provide a replacement non-infringing product for such Product of equivalent functionality; or (iii) modify such Product such that it is no longer
infringing; or (iv) make an appropriate refund or credit of monies paid by Purchaser for that Product. Subject to the exclusions and limitations set forth herin, this paragraph states the entire liability of FLA for infringement of third- party Intellectual Property Rights in connection with the supply of Products
16. OWNERSHIP - CONFIDENTIALITY
FLA shall retain in full all the intellectual property rights to its projects, studies and documents of all types, which may not be disclosed or performed without its written
authorisation, and must be returned to it at its first
request.
Throughout the duration of its contractual relations with FLA and for five (5) years after the expiration thereof, the Purchaser undertakes not to disclose to any person or
entity whatsoever, in any form whatsoever, any
information concerning the processes, methods, patents
and other forms of intellectual property that are directly or indirectly used by the Products of which it may be
aware or that may be brought to its attention.
The technology and know-how, whether patented or not,
as well as all the industrial and intellectual property rights concerning the Products and services, shall remain the
exclusive property of FLA. The Purchaser is only granted a non-exclusive licence to use the Products.
17. FORCE MAJEURE
FLA’s liability may not be triggered under any
circumstances due to a delay or any shortcomings
whatsoever in the filling of an order, provided that they are attributable to cause beyond its control. FLA may not be deemed to be liable in the event of a breach of one of its contractual obligations, if this non-performance is caused by a case of force majeure, i.e., an event that is unforeseeable and unavoidable with regard to FLA.
By express agreement, it is understood that the following events, in particular, shall constitute cases of force
majeure: fire, strikes, unrest, riots, floods, epidemics, administrative or judicial seizures, embargos, quarantines, restrictions, wars, defaults by sub-contractors, acts of state, restrictions on foreign exchange, imports or exports, unforeseeable circumstances, actions or omissions by the Purchaser, or defaults or delays on the part of the carrier.
The performance of the obligations shall be suspended if a force majeure event occurs that is beyond the control of FLA, which makes it impossible for it to perform its
obligations or which materially affects the performance of its obligations, without it being possible to trigger its liability in this respect with regard to the Purchaser, or to claim any associated indemnification from it by the
Purchaser.
FLA shall resume performance of its obligations when the disappearance of the force majeure has been duly
observed.
The time limits for the performance of the obligations, in particular those provided for filling the order, shall be extended by a period that is equal to that during which the force majeure event persists.
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additional costs to the Purchaser.
If the situation continues for more than thirty (30) days, the parties shall meet in order to determine whether they intend to pursue the performance of their respective
obligations and, if not, the order shall be cancelled as of right with no indemnities being owed by either party.
It is however specified that in the event of an insurance- related expert appraisal, the aforementioned timeframe
may, as necessary, be extended as a result.
18. COMPLIANCE
Each of the Parties undertakes to comply with the national and international legal and regulatory provisions in force that are applicable to it, in particular with respect to:
- human rights and the environment;
- prevention of corruption and money laundering;
- financing of terrorist activities;
- prevention of anti-competitive agreements.
Each of the Parties undertakes to act ethically in its
business relations and to ensure that its conduct and the performance of its obligations will not in any way damage the reputation of the other Party.
Thus, each of the Parties undertakes to comply with the ten principles of the Global Compact as set out below:
- to promote and respect the protection of
international human rights law within its sphere of
influence;
- to ensure that it is not complicit in human rights
abuses;
- to respect freedom of association and recognise the
right to collective bargaining;
- to eliminate all forms of forced or compulsory
labour;
- to abolish child labour;
- to act against corruption in all its forms, including extortion and bribery;
- to eliminate discrimination in employment and
occupation;
- to apply the precautionary approach to
environmental issues.
Each of the Parties agree to strictly comply with all laws and regulations on prohibited business practices,
including but not limited to discrimination against persons or groups of persons on the ground of race, religion,
colour, sex, marital status, age, national origin, ancestry, disability, sexual orientation, medical condition or in any manner prohibited by federal, state or local laws.
Any breach by a Party of the provisions of this clause shall be deemed a serious breach entitling the other Party to unilaterally terminate this Agreement without notice or compensation, and subject to the payment of all damages to which that Party may be entitled as a result of such breach.
19. HEALTH AND SAFETY
(i) The parties shall comply with all applicable legislation, rules and/or regulations on the health and safety of
workers and/or employees, as well as health and safety of the public in the vicinity. Purchaser shall provide and shall ensure that its employees, agents, contractors, or
subcontractors provide safe work surroundings for FLA
personnel and other representatives. Purchaser shall take, and shall ensure that its employees, agents, contractors, or subcontractors take those measures prescribed by law and any other measures necessary for the prevention of
accidents at the site and to ensure the health and safety of FLA personnel at the site. Purchaser shall timely inform FLA personnel of required safety precautions and advise FLA of all applicable site-specific health, safety, security and environmental requirements and procedures. FLA has
the right, but not the obligation, to, from time to time, review and inspect applicable health, safety, security and environmental documentation, procedures, and
conditions at the site.
(ii) Purchaser shall ensure that no hazardous materials are present at the site. If hazardous materials are present, Purchaser shall handle, and shall ensure that its
employees, agents, contractors, or subcontractors handle these properly and if applicable, arrange for the
appropriate removal and disposal thereof at the expense of Purchaser. If, in the reasonable opinion of FLA, the health, safety, or security of FLA personnel or the site is, or may be, imperiled by security risks, terrorist acts or
threats, the presence of or threat of exposure to
hazardous materials, or unsafe working conditions, FLA
may, in addition to other rights or remedies available to it, evacuate some or all FLA personnel from the site (with the reasonable assistance of Purchaser), and suspend
performance of all or any part of an Agreement with no
further liability to Purchaser.
Conditions at a site that differ materially from those
disclosed by Purchaser, or previously unknown physical
conditions at site that differ materially from those
ordinarily encountered and generally recognized as
inherent in work of the character provided for in the
Agreement, will be deemed an Order Change.
Conditions at a site that differ materially from those
disclosed by Purchaser, or previously unknown physical
conditions at site that differ materially from those
ordinarily encountered and generally recognized as
inherent in work of the character provided for in the
Agreement, will be deemed an Order Change.
20. BREACH; SUSPENSION; TERMINATION
In the event of: (i) a breach by Purchaser of any of the provisions of the Agreement, including any failure to pay any amount as and when due; (ii) in the reasonable
opinion of FLA, the financial position of the Purchaser (or a material change thereof) is likely to affect Purchaser’s ability to perform its obligations under the Agreement; (iii) any proceedings in insolvency, bankruptcy (including
reorganization), liquidation or winding up are instituted by or against Purchaser, whether filed or instituted by
Purchaser (voluntarily or involuntarily), a trustee or
receiver is appointed over Purchaser, or any assignment is made for the benefit of creditors of Purchaser; (iv)
Purchaser ceases, or threatens to cease, to carry on
business; or (v) the control over or ownership of Purchaser changes, then FLA may declare all amounts outstanding by Purchaser immediately due and payable and may set off
any amount that FLA (or any of its affiliates) owes to
Purchaser under any agreement between the parties
including any advance payments or deposits made by
Purchaser, against amounts due under this Agreement. In addition, FLA may in its sole discretion by notice to
Purchaser with immediate effect suspend or cancel any
performance due from FLA (including production, delivery and commissioning of Products, and obligations under
warranty) or terminate the Agreement or any part thereof, including any credit terms offered to Purchaser, without any liability. FLA may only terminate the Agreement for any breach that is capable of being remedied if Purchaser fails to cure such breach within fourteen (14) days of
notice from FLA. FLA may terminate the Agreement if
Purchaser fails to provide FLA with a bank guarantee or other security reasonably acceptable to FLA within
fourteen (14) days of notice from FLA.
(ii) Upon any termination of the Agreement: (i) all rights and licenses granted to Purchaser under the Agreement
will immediately cease; (ii) Purchaser shall return, delete (including from all hard disks and memory) or destroy (and a duly appointed officer shall certify to such destruction) all FLA information disclosed, including any software not embedded in Products, and all copies thereof; (iii)
Purchaser shall return to FLA, at Purchaser’s expense, any Products for which title has not passed to Purchaser in accordance with the Agreement and any other products,
systems or equipment supplied by FLA; and (iv) all
reasonable costs and expenses incurred by FLA (including a reasonable profit) for any activities related to work performed by FLA prior to such termination will be
considered due, payable and non-refundable.
The rights of FLA pursuant to this Section will be in
addition to any other rights and remedies FLA may have at law or in equity. In the event of termination of the
Agreement.
21. CHOICE OF FORUM AND APPLICABLE LAW
These general conditions of sale are governed by the laws of the Commonwealth of Massachusetts, without giving
effect to any conflict of laws principles that would cause the laws of any other jurisdiction to apply. Any action or proceeding by either of the parties shall be brought only in a state or federal court located in Suffolk County,
Massachusetts. The parties hereby irrevocably submit to the exclusive jurisdiction of these courts and waive the defense of improper forum for the maintenance of any
action or proceeding in such venue. Notwithstanding the foregoing, FLA may seek injunctive relief to enforce its rights hereunder in any court of competent jurisdiction.
No acceptance of payment by cheque, bills of exchange or any kind of instrument that is issued in another place shall bring about a derogation from or novation of this choice of forum clause.
22. OTHER PROVISIONS
The fact that FLA does not, at any time whatsoever, avail itself of one of the provisions of the general conditions of sale may not be construed as a waiver of the right to avail itself of this provision at a later date.
FLA has taken out an operating liability insurance policy and an insurance policy to cover its civil liability following delivery/work/services. No guarantee concerning ten-
year construction liability insurance may be provided in respect of this Agreement.
No amendment of these general conditions of sale shall
be valid if it is not evidenced in writing between FLA and the Purchaser.
These general conditions of sale shall prevail over all other general conditions issued by FLA.
Any invalidity of part of the provisions of these general conditions of sale may not affect the validity of the other conditions.
23. MISCELLANEOUS
(i) The invalidity or unenforceability of any
provision of these Terms or any other component of the
Agreement will not affect the validity or enforceability of any other provision thereof, all of which will remain in full force and effect. In the event of such finding of invalidity or unenforceability, the parties shall endeavor to
substitute the invalid or unenforceable provision(s) by such effective provision(s) as will most closely correspond with the original intention of the provision(s) so voided. At reasonable notice, Purchaser shall assist FLA in verifying Purchaser’s compliance with the Agreement.
(ii) Any notices provided pursuant to the
Agreement shall be effective three (3) days after deposit in the U.S. Mail if sent by Certified Mail Return Receipt Requested, or immediately if by in-person delivery or
confirmed delivery by a reputable overnight carrier, to the parties at the addresses set forth in the Order
Acknowledgment.
(iii) Any right of FLA set out in these Terms will be
without prejudice to any rights or remedies FLA may have under the Agreement or at law or in equity. Purchaser
acknowledges that Fonroche Lighting S.A. is intended to be a third-party beneficiary for purposes of all benefits under, and may enforce the provisions of the Agreement, including these Terms, where applicable. The failure or the delay of either party to enforce any provision of the
Agreement, including but not limited to these Terms, will not constitute a waiver of such provision or a waiver of the right to enforce it.
The Agreement (including but not limited to these general terms and conditions) states the entire understanding and agreement between the parties as to the sale of Products under that Agreement and will supersede any prior
promises, agreements, representations, undertakings or
implications whether made orally or in writing between
FLA and Purchaser with respect to the subject thereof. The Parties expressly acknowledge that, in entering into the Agreement, no reliance has been placed on any
representations which have not been incorporated as part of the Agreement. No variation to the Agreement will be binding upon either party unless made in writing and
signed by an authorized representative of each of the
parties.
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00110374 1 8 FONROCHE LIGHTING AMERICA, INC.
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EXHIBIT D
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EXHIBIT D
INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (“CGL”): Insurance Work Office Form CG 00 01 covering CGL on an “occurrence” basis, including products, completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit.
If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the contractor shall cause the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used), unless otherwise approved in advance by City.
2. For any claims related to this Project, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
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3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City.
Claims Made Policies
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the Contract or the beginning of Contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of Contract work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the Contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of Contract work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this Contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
Subcontractors
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coverage with a format least as broad as CG 20 38 04 13.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. 01/13/2026
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SELECT ELECTRIC, INC.
[00064028-1] 00064028 1
CONSTRUCTION CONTRACT
THIS CONTRACT is made and entered into as of _____________________________ (“Contract Date”), by and between the City of Vista, a chartered municipal corporation (“Agency”), and Select Electric, Inc., a California corporation (“Contractor”). Agency and Contractor are sometimes individually referred to as a “Party” and collectively as “Parties.” In consideration of the mutual covenants contained herein, Agency and Contractor agree as follows:
SECTION 1
The Contract Documents consisting of the PROJECT SPECIFICATIONS, comprised of the NOTICE INVITING BIDS, the INSTRUCTIONS TO BIDDERS, the accepted BID PROPOSAL; BID SCHEDULE; CONTRACTOR’S LICENSING STATEMENT; PROJECT REFERENCES; CONTRACTOR’S LIST OF SUBCONTRACTORS;; PUBLIC CONTRACT CODE STATEMENTS AND QUESTIONNAIRE; NON-COLLUSION AFFIDAVITS; the CONSTRUCTION CONTRACT, CONTRACTOR’S CERTIFICATE, SUPPLEMENTARY GENERAL PROVISIONS, SUPPLEMENTARY TECHNICAL PROVISIONS, Special Provisions, Plans, Standard Plans and Specifications; together with all additions, deletions, modifications, appendices, and all addenda (1), as prepared prior to the date of bid opening setting forth any modifications or interpretations of any said documents, are hereby incorporated in and made a part of this Contract as fully as if set forth herein.
SECTION 2
For and in consideration of the payments and agreements to be made and performed by the Agency as set forth in said Contract Documents, the Contractor agrees with the Agency to construct
SOLAR STREETLIGHT PROJECT
as specifically set forth in documents entitled
SOLAR STREETLIGHT PROJECT (CIP NO. 8385)
for which award of the Contract was made, to furnish at his own proper cost and expense all plant, labor, services, materials, tools, equipment, supplies, transportation, utilities and all other items and facilities necessary therefore, as provided in the Contract Documents, and to do everything required therein. In accordance with the provisions of Section 3700 of the Labor Code, the Contractor will be required to secure the payment of Worker’s Compensation Insurance for its employees.
SECTION 3
For furnishing all said services and materials, payment of premiums on insurance policies, obtaining all permits and licenses of a temporary nature, furnishing and removing all plant, temporary work or structures, tools, and equipment, and for doing all the Work contemplated and embraced in this Contract, also for all loss and damage arising out of the nature of the aforesaid work during its progress or prior to acceptance from the action of the elements and 01/13/2026
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EXHIBIT 5
SUMMARY CONSTRUCTION – COV LOCAL Page 2 of 3 SELECT ELECTRIC, INC. [00064028-1] 00064028 1
from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work, and for all other risks of any description connected with the Work, also for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in the said Contract Documents are expressly stipulated to be borne by the Agency, and for well and faithfully completing the Work and the whole thereof within the stipulated time and in the manner shown and described in the said documents, and in accordance with the requirements of the Engineer under them, the Agency will pay, and the Contractor shall receive in full compensation therefore, the prices set forth by him in the accepted bid. The total compensation will be computed on the basis of the units of work actually performed in accordance with the requirements of the Contract Documents and paid for at the stipulated prices named in the BID SCHEDULE for completion of the Work.
SECTION 4
The Agency hereby promises and agrees with the said Contractor to employ, and does hereby employ the said Contractor to provide the materials and to do the Work according to the terms and conditions herein contained and referred to, for the price aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents, and the Parties for themselves, their heirs, executors, administrators, successors and assigns do hereby agree to the full performance of the covenants herein contained.
SECTION 5
Contractor agrees to indemnify, defend, and save harmless, the Agency, its officers, agents, employees and volunteers from and against any and all claims, demands, damages, losses and expenses, defense costs including attorney fees, or liability of any kind or nature which the Agency, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property as a result of, arising out of, or in any manner connected with the Contractor’s performance under the terms of this Contract, caused in whole or in part by any negligent or willful acts or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the Agency.
[Continued on page 3.]
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SECTION 6
Contractor agrees that the Payment Bond and Performance Bond attached to/submitted concurrently with this Contract are for reference purposes only, and shall not be considered a part of this Contract. Contractor further agrees that said bonds are separate obligations of the Contractor and its surety, and that any attorneys’ fee provision contained in any payment bond or performance bond shall not apply to this Contract. In the event there is any litigation between the Parties arising from the breach of this Contract, each Party will bear its own attorneys’ fees in the litigation.
IN WITNESS WHEREOF, the Parties have caused this Contract to be executed as of the Contract Date.
CITY OF VISTA, a chartered municipal
corporation
By:
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
RISK MANAGEMENT REVIEW:
ANALISA HOLBROOK, RISK MANAGER
By:
SELECT ELECTRIC, INC., a California
corporation
By:
Name/Title
By:
Name/Title
APPROVED
Amanda L. Guy
20251203112018
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November 13, 2025
ADDENDUM NO. 1
T
o the Contract Documents for:
Solar Streetlight Project
C.I.P. No. 8385
C
ity of Vista
200 Civic Center Drive
Vista, CA 92084-6240
To All Contract Document Holders of Record: All contract drawings, specifications, contract documents and other bidding directives remain unchanged except drawings, specifications, sections or parts of sections added to, revised, deleted or clarified by this Addendum.
CHANGES TO THE BIDDING AND CONTRACTURAL DOCUMENTS
1. Bid Schedule
A
djust bid schedule QTY to 62 EA for Bid Item #9: Install “Type A” Steel Pole Solar Streetlights per Appendix H.
2. Appendices:
R
evised Appendix H: List of Addresses and Pole Types of all Solar Streetlights to include two additional Type “A” locations for a total of 88 locations.
END OF ADDENDUM
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Appendix H:
List of Addresses and Pole Types of all Solar
Streetlights
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Rev. 01. November 12, 2025 APPENDIX "H"
City of Vista - SOLAR STREETLIGHT PROJECT CIP #8385
THREE (3) TYPES OF STREETLIGHT POLES:
(A) FONROCHE SUPPLIED METAL POLE - SUPPLIED BY CITY OF VISTA - QTY (62) (B) CITY OF VISTA SUPPLIED AMERON 6B126 CONCRETE LIGHTPOLE - QTY. (2) (C) CONTRACTOR SUPPLIED AMERON 2B224 CONCRETE LIGHTPOLE - CONTRACTOR SUPPLIED / PURCHASED- QTY (24)
ITEM OBJECT IDD LOCATION
LIGHTPOLE
TYPE ITEM OBJECT ID LOCATION
LIGHTPOLE
TYPE
1 6000 639 HILLSIDE TERRACE A 45 6050 312 / 320 SALINA CT. A 2 6001 461 PALM DR. A 46 6051 328 CALUSA WAY A
3 6002 1791 KNAPP DR. A 47 6052 776 COPPER DR. A
4 6003 1784 KNAPP DR. A 48 6053 231 COPPER AVE A
5 6004 1772 KNAPP DR. A 49 6054-a 237 YACON CIR. A
6 6005 126 ANGELES VISTA DR. A 50 6054-b 213 YACON STREET A 7 6006 1645 MANOR DR. A 51 6055 1104 / 1112 NASH LN. A
8 6007 1615 MANOR DR. A 52 6056 1136 NASH LN. A
9 6008 1648 RUSH AVE. A 53 6057 249 COLUSA WAY A
10 6009 1618 RUSH AVE. A 54 6058 1130 / 1138 HACKAMORE RD. A 11 6010 1604 RUSH AVE. A 55 6059 1111 HACKAMORE RD. A
12 6011 232 E. RUSH AVE A 56 6060 217 / 223 SANTA CLARA DR. A 13 6012 242 PORTIA AVE. A 57 6061 185 / 187 SANTA CLARA DR. A 14 6013 274 PORTIA AVE. A 58 6062 135 / 137 SANTA CLARA DR. A 15 6014 1518 KIVA LANE A 59 6063 322 / 328 DURIAN ST. A 16 6015 623 BACH ST. A 60 6064 323 HILL DR. A
17 6016 604 SHUBORO ST. A 61 6065 131 / 141 HILL DR. A
18 6017 628 / 622 SHUBORO ST. A 62 6066 1306 BURKE RD. A 19 6018 630 SPIRES A 63 100 600 N. SANTA FE AVE. (south) B 20 6025 946 ROSE DR. A 64 101 600 N. SANTA FE AVE. (north) B 21 6026 935 / 939 ROSE DR. A 65 1 521 SUNSET DR. C
22 6027 919 / 923 ROSE DR. A 66 2 554 SUNSET DR. C
23 6028 916 JUDILYN DR. A 67 3 606 SUNSET DR. C
24 6029 811 HIGHLAND DR. A 68 4 609 SUNSET DR. C
25 6030 744 / 762 HIGHLAND DR. A 69 5 635 SUNSET DR. C
26 6031 724 / 736 HIGHLAND DR. A 70 6 675 SUNSET DR. C
27 6032 1361 BLUEGRASS RD. A 71 7 713 SUNSET DR. C
28 6033 1337 BLUEGRASS RD. A 72 8 739 SUNSET DR. C
29 6034 1305 BLUEGRASS RD. A 73 9 759 SUNSET DR. C
30 6035 1243 BLUEGRASS RD. A 74 10 923 SUNSET DR. C
31 6036 1123 /1131 BLUEGRASS RD. A 75 11 1013 SUNSET DR. C 32 6037 1352 / 1356 CAREN RD. A 76 12 1035 SUNSET DR. C 33 6038 732 / 740 GALAXY DR. A 77 13 1055 SUNSET DR. C
34 6039 1412 PLUTO A 78 14 1079 SUNSET DR. C
35 6040 1421 MOON RD. A 79 15 1101 SUNSET DR. C
36 6041 1451 PLANET RD. A 80 16 1125 SUNSET DR. C
37 6042 1446 / 1454 MOON RD. A 81 17 1147 SUNSET DR. C
38 6043 427 /431 MISTLETOE ST. A 82 18 1171 SUSNET DR. C 39 6044 1240 / 1246 TYLEE ST A 83 19 1193 SUNSET DR. C
40 6045 1138 / 1144 TYLEE ST. A 84 20 1201 SUNSET DR. C 41 6046 355 / 361 SANTA CLARA DR. A 85 21 1233 SUNSET DR. C 42 6047 355 / 361 YACON ST. A 86 22 1249 SUNSET DR. C
43 6048 331 / 337 YACON ST. A 87 23 1275 SUNSET DR. C
44 6049 331 / 337 SALINA CT. A 88 NONE VALE TERRACE @ JIM PORTER PKWY C 01/13/2026
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CITY OF VISTA ENGINEERING DEPARTMENT
PROJECT SPECIFICATIONS FOR
SOLAR STREETLIGHT PROJECT
C.I.P. No. 8385
NOVEMBER 2025
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1 PROJECT SPECIFICATIONS FOR
Solar Streetlight Project (C.I.P. No. 8385)
TABLE OF CONTENTS
BIDDING AND CONTRACTUAL DOCUMENTS PAGE
Notice Inviting Bids ................................ ................................................................. 2
Instructions to Bidders .............................. ............................................................. 5-23
Proposal Forms
Bid Proposal ....................................... ........................................................ 24-27 Bid Schedule ........................................ ...................................................... 28-33 Contractor’s Licensing Statement ..................... ....................................... 34 Project References ................................. ................................................... 35 Non-Collusion Declaration ............................. ............................................ 37 Bid Security Forms ................................. .................................................... 38-41
Agreement and Bonds
Construction Contract ................................................................................ 42-44 Faithful Performance Bond ....................................................................... 45-47 Payment Bond ............................................................................................ 48,49 Contractor's Certificate .............................................................................. 50 Non-Collusion Declaration for Subcontractors ......................................... 51
SPECIAL PROVISIONS
Supplementary General Provisions...................... .................................................. 52 Supplementary Technical Provisions ..................................................................... 113
APPENDICES
Appendix A: City of Vista Stormwater Management Permit Application Form & Reference Information
Appendix B: AMERON Concrete Light Poles 2B224, 6B12 6
Appendix C: Map of COV Storage Area
A
ppendix D: Light Pole Footings and Backfill Details
Appendix E: Fonroche Solar Streetlights Package
Appendix F: Sample Public Notification Documents
Appendix G: Maps of Solar Street Light Locations
Appendix H: List of Addresses and Pole Types of all So lar Streetlights Appendix I: City of Vista Encroachment Permit Application 01/13/2026
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2 PART I
BIDDING AND CONTRACTUAL DOCUMENTS
NOTICE INVITING BIDS
PUBLIC NOTICE IS HEREBY GIVEN that sealed bids will be received by the City Clerk of the chartered City of Vista (“Agency”) for furnishing all plant, labor, services, materials, tools, equipment, supplies, transportation, utilities and all other items and facilities necessary therefore, as provided in the Contract Documents, for the “Solar Streetlight Project (C.I.P. No. 8385)” in strict accordance with the Project Specifications and Plans on file in the City of Vista Engineering Department.
1. DATE OF OPENING BIDS
A
ll Bidders are required to submit their bid electronically through the City’s Electronic Bidding System (OpenGov Procurement). Hardcopy bids will not be accepted. Bidders must register by c
reating a free account with OpenGov Procurement at: https://secure.procurenow.com/signup.
Registered bidders may obtain bid materials and view submission procedures at:
https://secure.procurenow.com/portal/cityofvista. Bidders must also download this bid solicitation to appear on the Bidder’s List as a “Prospective Bidder,” receive addenda, and submit a bid. Bids shall be submitted electronically no later than 2:00 PM on WEDNESDAY, NOVEMBER 26, 2025.
Immediately after the bid submission deadline, bids will be unsealed and posted at:
https://secure.procurenow.com/portal/cityofvista. OpenGov Procurement will determine the official time for the advertised bid opening and such determination will be final. Bid Tabulation results will be available through OpenGov Procurement
Any bids not received in a timely manner on the Bid Opening Date, as described above, will not be considered.
Note: The City of Vista complies with the Americas with Disabilities Act. If you require reasonable accommodations for the bid opening, please contact the Office of the City Clerk, 760-639-6125, at least forty-eight (48) hours prior to the bid opening.
2. DESCRIPTION OF WORK
T
he Work generally consists of: receiving, storing, transporting to the installation location and installing 86 solar streetlights including but not limited to, galvanized steel and concrete light poles, solar modules, power center, batteries, luminaires, and all materials and equipment associated with the installation of the solar streetlights. Installation includes excavation, spoils removal and disposal, concrete placement, concrete reinforcement, mounting brackets, anchor bolts, base plates, streetlight pole erection, power pack installation, solar module installation luminaire installation, curb, gutter, sidewalk, conduit, circuitry and water lines repair of work related damage if necessary, rental equipment, hoisting equipment, signage, posting of signs, notices and posting notifications to affected households, notification permits, safety equipment 01/13/2026
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3 and safety procedures, traffic and parking control equipment and materials, erosion control and BMP storm water protection measures.
3. LOCATION OF WORK
T
he Work to be constructed is located at various locations throughout the City. See Appendices “G” and “H” for a map and addresses of locations of the streetlights.
4. CONTRACT DOCUMENTS
C
ontract documents are available electronically on the City’s OpenGov Procurement portal at:
https://secure.procurenow.com/portal/cityofvista.
5. CONTRACTOR'S LICENSE CLASSIFICATION
I
n accordance with the provisions of the California Public Contract Code Section 3300, the Agency has determined that the Contractor shall be required to possess a valid California Class C10 Electrical Contractor a t the time that the Contract is awarded, and shall maintain said license(s) in good standing at all times during performance of the Work.
6. CONSTRUCTION COST OPINION AND TIME OF COMPLETION
T
he Engineer’s Opinion of Probable Construction Cost for this Project is Six Hundred and Ninety Thousand dollars ($690,000) for the base bid items. A ll Work shall be completed in every detail to the satisfaction of the Agency within Forty (40) Working Days a fter the date of the NOTICE TO PROCEED.
7. PRE-BID MEETING
No
Pre-Bid Meeting will be held for this Project
8. PROJECT ADMINISTRATION
All project related questions and requests for clarific ations, changes, exceptions, and deviations to the terms and conditions set forth in this solicitation shall be submitted via “Q&A” through the City’s Electronic Bidding System, OpenGov Procurement.
All questions must be submitted through the City’s Elect ronic Bidding System by the deadline listed in the City’s Electronic Bidding System.
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5 INSTRUCTIONS TO BIDDERS
1. SITE REVIEW
P
rospective bidders are expected to conduct a site review of the Project prior to submitting a bid.
2. LOCAL CONDITIONS AND BID QUANTITIES
Bidders shall read the Project Specifications and documents, examine the Plans, review available documents, and make their own estimates of the existing facilities and the difficulties that will attend the execution of the Work called for by the proposed Contract including federal, state, and local laws and regulations, local conditions, uncertainty of weather, traffic, soil conditions and all other contingencies.
Since incorporation in 1963 and chartering in 2007, the City of Vista has constructed numerous projects throughout the City. The projects may have led to development of files and records that may materially affect the Contract. All bidders are strongly encouraged to request copies of those records and familiarize themselves with those records.
Bidders shall satisfy themselves by personal examination of the location of the proposed Work, and by such other means as they may choose as to actual conditions and requirements, and as to the accuracy of the quantities stated in the BID SCHEDULE.
The submission of a bid shall be
conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and scope of work to be performed, as to the quantity of materials to be furnished, and as to the requirements of these Contract Documents.
Information derived from the Plans, Project Specifications, profiles or drawings, maps, other reports, or from the Engineer or his assistants, shall not relieve the bidder of this responsibility, and the interpretation of the data disclosed by borings or other preliminary investigations is not warranted or guaranteed, either expressly or implied, by the Agency. The bidder’s failure or omission to receive or examine any part of the Contract Documents or to visit the site and be familiar with the existing conditions, shall in no way relieve the bidder from obligation with respect to this bid or to the performance of the Work under this Contract.
The quantities of work or material stated in the unit price items of the BID SCHEDULE are
supplied only to give an indication of the general scope of the Work. The Agency does not expressly or by implication agree that the actual amount of work or material will correspond therewith, but reserves the right to increase or decrease the amount of any unit price item of the Work by an amount up to and including twenty-five percent (25%) of any bid item(s), or to omit portions of such work as may be deemed necessary or expedient by the Engineer without a change in the unit price.
Bidders shall not, at any time after the submission of a bid, make or have any claim for damages or anticipated profits or loss of profit or otherwise because of any difference between the quantities of work actually done and material furnished and those stated in said unit price items of the BID SCHEDULE.
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6 The Bidder understands that the unit prices and total bid amount set forth by the Bidder in the BID SCHEDULE shall include all appurtenant expenses, premiums, taxes, royalties and fees. The Bidder shall make no reference in the BID SCHEDULE to sales tax, use tax, or any other tax. The Bidder shall make no reference in the BID SCHEDULE to any patent fees or royalties on any patented article or process which may be furnished or used or to any premium for insurance or surety bonds in the Bid. All amounts bid shall be deemed and held to include any such taxes, fees, royalties or premiums which may be applicable.
The Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, project, or device which is the subject of patent rights or copyrights held by others.
The Contractor shall pay all sales, consumer, use and other similar taxes for the Work or portions thereof provided by the Contractor which are legally enacted at the time bids are received by the Agency, whether or not yet effective. The total bid amount shall be deemed to include such taxes and the Contractor shall not be entitled to separate compensation for such taxes.
3. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM
This Project is not a Federally -funded project. Although DBE participation is encouraged, this p
roject does not have a minimum requirement for DBE participation.
4. INTERPRETATION OF PLANS AND PROJECT SPECIFICATIONS
If any person contemplating the submittal of a bid for the proposed Contract is in doubt as to the meaning of any requirement of the Plans or Project Specifications, or he finds any discrepancies in or omissions from the Plans or Project Specifications, they shall submit a written request for an interpretation or correction thereof via “Q&A” through the City’s Electronic Bidding System, OpenGov Procurement.
The written request must be received by the deadline listed in the City’s Electronic Bidding System, or if no deadline is listed, at least five (5) Working Days prior to the date fixed for opening of bids. The person making the request will be responsible for its prompt delivery.
Interpretations or corrections will be made only by ADDENDA to the Project Specifications or by
dated revisions of the drawings. Addenda will be sent to registered bidders that have downloaded this solicitation through the City’s Electronic Bidding System.
All addenda so issued shall become part of the Contract Documents. Acknowledgement of receipt of any and all addenda is required in the BID SCHEDULE. Failure of any bidder to receive any addenda shall not relieve such bidder from any obligations imposed by such addenda. The effect of all addenda to the Contract Documents shall be considered in the bid and said addenda shall be acknowledged on the Bid Proposal. Before submitting a bid, each bidder shall inform himself as to whether or not any addenda have been issued. Failure to determine the existence 01/13/2026
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7 of any addenda, to obtain and review such addenda, or to include in the bid any obligations imposed by such addenda issued may render the bid irregular and may result in its rejection.
5. BIDDERS INTERESTED IN MORE THAN ONE BID
No person, firm or corporation shall make, file or be interested in more than one (1) bid for the same work unless alternative bids are specifically requested. A person, firm or corporation who has submitted a sub-proposal to a bidder, or who has quoted prices of materials to a bidder, is not disqualified from submitting a sub-proposal or quoting prices to other bidders.
6. FORM OF BID AND SIGNATURE
T
he bids shall be made on the Bid forms provided through the City’s Electronic Bidding System.
These documents shall constitute the bid. The bid shall be submitted electronically for this solicitation on the City’s OpenGov Procurement portal at:
https://secure.procurenow.com/portal/cityofvista. Bidders must also mail their bid security or original bidder’s bond with a postmarked date no later than the Bid Date as described in Section 11 Bid Security / Return of Bid Securities below.
The Bid for the Work is intended to establish a total cost for the Work in its entirety. The Bidder shall state in the Bid the unit prices or Lump Sums for which he proposes to supply the labor, materials, supplies and equipment necessary to complete the Work required by the Contract Documents. Certain permit requirements, General Provisions, Supplementary General Provisions, and other work required by the Plans and/or the Specifications may not be listed in the Bid Schedule and are, in general, applicable to more than one listed Bid Item. Other required work may not be listed as a separate item in the Bid Schedule, but is necessary to complete the Work described in the Plans and/or the Project Specifications. The Bidder shall include the cost of all work not listed as a separate item in the Bid Schedule in the various related items of work listed in the Bid Schedule, so that the Bid for the Project reflects the total cost for completing the Work in its entirety.
If the proposal is made by an individual, it shall be signed and his full name and address shall be given; if it is made by a firm, it shall be signed with the partnership name by a member of the firm, who shall also sign his own name, and the name and address of each member shall be given; and if it is made by a corporation, the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given.
7. PREPARATION OF THE BID / REJECTION OF THE BID
The Bid shall be prepared such that it is complete and responsive to all requirements of the Contract Documents. The completed Bid shall consist of the following forms:
a) Bid Proposal
b) Bid Schedule (to be completed through the City’s Electronic Bidding System, OpenGov Procurement)
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8 c) Description of Base Bid Items (copy, include, and upload with bid package) d) Contractor’s Licensing Statement
e) Project References
f) Contractor’s List of Subcontractors
g) Non-Collusion Declaration
h) Bid Security Form (with bid bond, cash, certified chec k or cashier’s check included)
Registered bidders may obtain the Contract Documents through the City’s Electronic Bidding System. If any bid forms are missing from the Contract Documents obtained by the Bidder, directly from OpenGov Procurement or through other means, it shall be the Bidder's responsibility to contact the Agency and obtain all required Bid Document forms prior to submitting a bid.
Blank spaces in the Bid shall be properly filled in (using figures in the Bid Schedule). The Bid shall contain an acknowledgment of receipt of all addenda.
The phraseology of the Bid must not be changed, and no addition shall be made to the items mentioned therein. Alternative bids shall not be considered unless specifically requested and authorized by the Agency.
The Bid shall be signed in accordance with the “Instructions for Signing Bids, Bonds, and Contracts”, included in the Contract Documents, and as required by the City’s Electronic Bidding System.
.
The bidder shall set forth for each unit basis item of work a unit price and a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for that purpose. In the case of unit basis items, the amount set forth under the "Item Total" column shall be the product of the unit price bid and the estimated quantity for the item. Unit prices shall not exceed two (2) decimal places.
All extensions of the unit prices bid and sums will be subject to verification by the Agency. If the unit prices entered by the Bidder exceed two (2) decimal places, the Agency will only use the first two (2) digits after the decimal points without rounding up or down.
In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail, except as provided in (a) or (b), as follows:
a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount as the entry in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price;
b) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the entered total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentage-wise the unit price or item total in the Agency's Final Estimate of cost.
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9 Bids on lump sum items shall be item totals only; if any unit price for a lump sum item is included in a bid and it differs from the item total, the item total shall prevail.
If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular. Likewise if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted, the bid may be deemed irregular unless the project being bid has only a single item and a clear, readable total bid is provided.
A Bid shall be considered irregular if certain situatio ns occur, including, but not limited to, the
following:
a) The Bid contains blank spaces that are not properly filled in. b) The Bid contains unauthorized provisions, conditions, limitations, or alternatives. c) The Bid is either not typewritten or not printed in ink. d) The Bid contains interlineations, alterations, erasures, clerical errors or is otherwise illegible or unclear, or not properly initialed.
e) The Bid is not properly signed in accordance with the instructions. f) The Bid contains unit prices and/or item totals that are unreadable or otherwise unclear, or are omitted.
g) The Bid contains a significant “material” difference between the bid total written in figures, the bid total written in words, and/or the sum of the item totals after any math errors are corrected.
Bidder’s failure to submit the Bid on time through the C ity’s Electronic Bidding System, submit a
complete Bid using all of the required Bid forms provided in the Contract documents or addenda, include a price for any Bid item that requires the Bidder to submit a price, acknowledge all addenda, or submit the appropriate Bid Security shall render the Bid non-responsive and shall be cause for its rejection.
In accordance with the provisions of Section 1771.1(b) of the California Labor Code – the Agency will not accept bid or enter into a Contract without proof of the contractor’s current registration with the California Department of Industrial Relations pursuant to Section 1725.5.
The Agency, in its sole discretion, reserves the right to reject any or all bids, and to waive any informalities or minor irregularities in the Bids, unless waiving such irregularity would give a competitive advantage to a Bidder.
8. ALTERNATIVE SCHEDULES
B
idders are directed to review the BID SCHEDULE and the appendices for details regarding the alternate bid items, if included.
The Agency will evaluate the bids based on the total amount of the Base Bid Items, and will not include the Alternate Bid Item(s) in determining the lowest responsible bidder. The Agency reserves the right to award the Contract on the Base Bid Items, and with or without any or all of 01/13/2026
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10 the Alternate Bid Item(s). The Agency reserves the right to adjust the quantity of the Alternate Bid Item(s) after the award of contract.
9. LIST OF SUBCONTRACTORS FILED WITH BID
In accordance with the provisions of Sections 4100 through 4113, inclusive, of the Public Contract Code of the State of California (“Subletting and Subcontracting Fair Practices Act”), each bidder shall submit with his bid the name, location of place of business, and Contractor’s License Number of each proposed subcontractor who will perform work or labor or render service to the principal Contractor in an amount in excess of one-half of one percent (0.5%) of the principal Contractor's bid, or in the case of the construction of streets or highways, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and shall state the portion and dollar value of the Work which will be done by each such subcontractor in the List of Subcontractors form. If no subcontractor is listed for a portion of the Work, then the Contractor is required to perform that portion with his own forces.
An inadvertent error in listing the subcontractor’s license number shall not be grounds for filing a bid protest, or grounds for considering the bid nonresponsive, if the corrected contractor’s license number is submitted to the public entity by the prime contractor within 24 hours after the bid opening, provided that the corrected license number corresponds to the submitted name and location of the subcontractor.
Pursuant to Section 1725.5 of the Labor Code of the State of California, no contractor may be awarded a public works contract and no subcontractor of any tier may work on a public works project without proof of registration with the Department of Industrial Relations. To comply with these regulations, each bidder being considered for award of the Contract shall submit to the Agency the names and PWC Registration Number of each proposed subcontractor of any tier who will perform work or labor or render service to the principal Contractor in any amount within 7 days after the bid opening date. The inadvertent listing on the bid documents of a subcontractor that is not registered with the California Department of Industrial Relations will not necessarily invalidate the bid. An unregistered subcontractor can be replaced with one who is registered.
10. NON-COLLUSION DECLARATIONS
T
he bidder is required to execute a Non-Collusion Declaration in the form attached hereto, and submit the form with the bid. The Agency reserves the right to require, before awarding the contract, that the principal Contractor secure from each proposed subcontractor a Non-Collusion Declaration in the form also attached hereto, and submit all forms to the Agency.
If at any time it shall be found that the person, firm or corporation to whom the Contract has been awarded has, in presenting any bid or bids, colluded with any other party or parties, then the Contract so awarded shall be null and void, and the Contractor and the Contractor’s sureties shall be liable to the Agency for all loss or damage which the Agency may suffer thereby, and the Agency may advertise anew for bids for such work.
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11 11. BID SECURITY / RETURN OF BID SECURITIES
E
ach bidder shall submit with his bid an unconditional certified or cashier's check drawn on a solvent state or national bank, or a bidder's bond with a responsible corporate surety, on the form attached hereto, subject to the provisions for “Bonds” herein. Unless otherwise stated in the Contract Documents, said bid security or bidder's bond shall be in a sum at least ten percent (10%) of the total base bid amount, and shall be made payable to the Agency as a guaranty that the bidder will, if an award is made, in accordance with the terms of his bid, promptly execute a Contract in the required form, secure payment of Workmen's Compensation, and furnish satisfactory Performance Bond, Payment Bond, and certificates of insurance, and endorsements within ten (10) Working Days following the posting of the Notice of Intent to Award a contract.
Notice of instructions to Principal and Surety regarding completion of Bidder’s Bond:
1) Principal’s signature with title must be properly notarized (i.e., proprietorship, partnership, corporation, joint venture). If corporation, affix seal; 2) Signature of Attorney-in-Fact for Surety must be properly notarized; 3) Attach certified copy of Power of Attorney for Surety’s Attorney-in-Fact; and 4) If bond is executed in excess of surety company’s treasury limit, evidence of how bond was reinsured must be attached over signature of Attorney-in-Fact.
Bidders must scan and upload a copy of their bid security or bidder’s bond with their electronic bid submittal in OpenGov Procurement.
Bidders must also mail their bid security or original bidder’s bond with a postmarked date no later than the Bid Date, to the following address:
ATTN: Gabriel Grewe
C
ity of Vista Engineering Department
200 Civic Center Drive
Vista, CA 92084
If a bidder to whom an award is made fails or refuses to execute the Contract, secure the payment of Worker's Compensation and furnish the required bonds and proof of insurance, all within the time stated in the provisions for “Execution of Contract / FAILURE TO EXECUTE CONTRACT” herein, the money represented by said check or bidder's bond shall become and remain the property of the Agency, the amount thereof being agreed to by the bidder as liquidated damages due the Agency on account of the delay in the execution of the Performance Bond, Payment Bond, and proof of insurance coverage, and in the performance of work thereunder, resulting from such failure or refusal.
The Agency reserves the right to retain the bid security of the three (3) apparent lowest responsible Bidders until the Contract Documents have been formally executed by the successful Bidder and the Agency, and the successful Bidder has filed with the Agency the Faithful Performance Bond, the Contractor’s Payment Bond, and the insurance policies or certificates required by the Bid Documents, after which such bid securities will be returned to the respective Bidders whose bids they have accompanied. 01/13/2026
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12 12. PROJECT REFERENCES
A
ll bidders shall provide evidence satisfactory to the Agency that the bidder has prior experience to properly perform in accordance with the terms of these Plans and Specifications by completing and submitting the PROJECT REFERENCES spreadsheet with his bid. The PROJECT REFERENCES list shall include projects successfully performed by the Bidder of comparable magnitude that he or his associates are personally competent to manage the proposed undertaking, and to carry it forward to a successful conclusion.
13. LICENSE REQUIREMENTS
A
ll prospective contractors submitting a bid shall have the appropriate license as required by these specifications. Failure to possess the specified license at the time of award shall render the bid as non-responsive and shall act as an absolute bar to award the Contract to any bidder not possessing said license at the time of award. Any Contract awarded to a contractor who was not properly licensed at the time of award or at any time during the Contract period shall be void pursuant to Section 7028.15 of the Business and Professions Code. The Agency shall verify that a contractor is properly licensed prior to the award of the Contract as part of determining the lowest responsible and responsive bidder.
14. CONTRACTOR'S REQUIRED SHARE OF CONTRACT WORK
I
n accordance with Subsection 3-2, SELF-PERFORMACE of the Standard Specifications for Public Works Construction, the Contractor shall perform, with its own personnel from within its organization, Contract work amounting to at least fifty percent (50%) of the Contract Price, except that any designated "Specialty Items" may be performed by subcontract and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount of work required to be performed by the Contractor with its own personnel [i.e. the percentage of work which will not be performed by a Bidder’s own forces will be determined by (1) adding the dollar value of all contracts shown on the list of subcontractors (excluding the dollar amount of any specialty items), then (2) dividing such total by the Bidder’s Total Bid Amount (excluding the dollar amount of specialty bid items)].
Specialty Items shall be as listed in Subsection 3-2
(“SELF-PERFORMACE.”) of the latest edition
of the San Diego Regional Supplement of the Standard Specifications for Public Works Construction (“Greenbook”) and as identified with an “S” in the Bid Item Number column of the BID SCHEDULE.
15. ANNUAL PUBLIC WORKS BIDDER REGISTRATION (SB 854)
I
n accordance with the provisions of California Senate Bill 854, passed by the California State Senate on June 20, 2014, all contractors and subcontractors bidding and performing work on Public Works Projects must register on an annual basis with the California Department of 01/13/2026
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13 Industrial Relations (DIR) and furnish electronic payroll records to the Labor Commissioner’s Office.
In accordance with the provisions of Section 1771.1(a) of the California Labor Code, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any Contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the Contract is awarded. Prime contractors and their subcontractors must possess and maintain such registration with DIR in order to be awarded contracts and to perform work.
The Agency will verify that the contractors or subcontractors that bid on, or are listed in the bid proposal of, this Contract are currently registered and qualified to perform public work pursuant to Section 1725.5 in the State of California through the following URL website link at:
https://services.dir.ca.gov/gsp?id=dir_contractors&t
able=x_cdoi2_letf_core_contracto
r_lookup
In accordance with the provisions of Section 1771.1(a) of the California Labor Code – the Agency will not accept a bid or enter into a Contract without proof of the contractor’s current registration to perform public works pursuant to Section 1725.5.
In accordance with the provisions of Section 1773.3 of the California Labor Code, the Agency will provide notice to the Department of Industrial Relations of any public works Contract within thirty (30) days of the award, but in no event later than the first day in which a c ontractor has
workers employed upon the public work, using the online PWC-100 “Extract of Public Works Contract Award” form, which can be found at:.
https://www.dir.ca.gov/pwc100ext/LoginPage.aspx
The online PWC-100 form is also transmitted to the Department of Apprenticeship Standards (DAS) to inform them of the award of a contract.
16. MODIFICATION AND WITHDRAWAL OF THE BID
A
ny Bidder may modify his prior to the scheduled closing time for receipt of bids by submitting an amended bid through the City’s Electronic Bidding System.
A bidder may withdraw his bid before the hour fixed for opening bids, without prejudice to himself, by cancelling their bid submission through the City’s Electronic Bidding System. No proposal may be withdrawn after the hour fixed for opening bids without rendering the accompanying certified or cashier's check or bidder's bond subject to forfeiture as liquidated 01/13/2026
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14 damages in like manner as in the case of failure to execute the Contract after award, as hereinafter provided.
After the bids have been publicly opened, they shall not be withdrawn by the Bidders for a period of at least ninety (90) calendar days subject to the execution stated in the paragraph below. The ninety (90) calendar day review period may be extended by the Agency and written approval by the Bidder.
A Bidder shall be permitted to withdraw a bid after the opening of the bids only if the Bidder established to the satisfaction of the Agency ALL of the following:
a) A clerical error was made by the Bidder in filling out the bid; and the error was not due to:
1) an error in judgment;
2) an error in inspecting the site of the Work, or;
3) an error in reading the Plans and Contract Documents. b) The clerical error made the bid materially different than the Bidder intended the bid to be. c) The Bidder gave the Agency written notice within five (5) Working Days excluding Saturdays,
Sundays, and State holidays, after the opening of the bids, in which said notice specifies in detail the nature of the error and how the error was made per Public Contract Code 5103(b).
17. (INTENTIONALLY LEFT BLANK)
18. PUBLIC OPENING OF BIDS
No
bid received after the time named or at any place other than the place stated in the Notice Inviting Bids shall be considered. Immediately after the bid submission deadline, bids will be unsealed and posted at: https://secure.procurenow.com/portal/cityofvista. O penGov
Procurement will determine the official time for the advertised bid opening and such determination will be final. Bid Tabulation results will be available through OpenGov Procurement.
After the bids are publicly opened, the Agency shall review all bids for responsiveness, compare the bids to the Engineer’s Opinion of Probable Cost and investigate the responsibility and qualifications of all Bidders to whom the award is contemplated, for a period not to exceed ninety (90) calendar days
after the Bids have been opened. Based on the findings from the review of the Bids, the Agency will provide a Notice of Intent to Award a contract to all bidders.
Following the posting of the Notice of Intent to Award a contract, anyone interested in inspecting bid documents in person or receiving electronic copies shall make a request to the City Engineer following the posting of the Notice of Intent to Award a contract. Bid documents will be sent electronically, and appointments for inspection of the bid documents will be scheduled to occur, within five (5) Working Days
after the request is received by the Agency.
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15 19. DISQUALIFICATION OF BIDDERS
A
ny one or more of the following causes may be considered as sufficient for the disqualification of Bidder and the rejection of the Bidder’s bid or bids:
a) Submittal of more than one (1) bid for the same work from an individual firm, partnership, or corporation under the same or different names.
b) Evidence of collusion among Bidders.
c) Modification of BID SCHEDULE.
d
) Submittal of an incomplete or invalid bid, and / or failure to include all required information, which precludes full analysis and review of said Bid and / or which precludes meaningful comparison of the Bid with other bids received by the Agency.
20. BID PROTESTS
A
ny bidder who submits a valid bid shall have the right to file a bid protest with the Agency before 5:00 p.m. on the fifth Working Day following the posting date of the Notice of Intent to Award a contract. However, bidder shall receive an extension to this deadline if the Agency has not fulfilled bidder’s request for electronic copies of the bid documents or for an opportunity to inspect the bid documents at least two (2) Working Days p rior to the deadline. In such cases,
bidder may submit a bid protest before 5:00 p.m. on the fifth Working Day following the date on which bidder receives, or is provided an opportunity to inspect, the bid documents. Bid protests must be submitted in writing to the City Engineer of the City of Vista, City of Vista Civic Center, Engineering Department, 200 Civic Center Drive, Vista, California 92084-6275. The time limits and requirements set forth in this section are mandatory, and are the bidder’s sole and exclusive remedy in the event of a bid protest, and failure to comply with these requirements shall constitute a waiver of any right to further pursue the bid protest, including filing a Government Code Claim or legal proceedings. If a protest is received from anyone other than a bidder, or after the specified time period, the protest shall be invalid. The protest shall conform to the following requirements:
a) The initial protest document shall contain a complete statement of the basis for the protest. b) The protest shall refer to the specific portion, or portions, of the document that form the basis for the protest.
c) The protest shall contain the name, address, and telephone number of the person representing the protesting party.
d) The party filing the protest shall concurrently transmit a copy of the initial protest document, and any attached documentation, to all other parties with a direct financial interest that may be adversely affected by the outcome of the protest. Such parties shall include all other bidders or proposers who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest.
e) The Agency shall issue a decision on the protest.
21. AWARD OF CONTRACT
No
bidder may withdraw its bid for a period of ninety (90) calendar days. 01/13/2026
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16 The Contract shall be awarded within ninety (90) calendar days a fter the opening of bids, if it is in the interest of the Agency to do so. The Agency reserves the right to waive any informality or minor irregularities in any bid, to reject any or all bids, to reject one part of a bid and accept the other, except, to the extent that bids are qualified by specific limitations, to take bids under advisement for a period of ninety (90) calendar days after the date the bids are publicly opened, and to make award to the lowest responsible bidder as the interest of the Agency may require.
All terms and conditions contained in the Contract Documents shall become a part of the contract.
22. LOCAL BUSINESS ENTITY PREFERENCE
A
Local Business Entity, as defined below, may be entitled to a preference as provided for in Section 3.08.040 of the Vista Municipal Code. If the lowest bid is submitted by someone other than a Local Business Entity, the Local Business Entity who submitted the lowest bid that is within five percent (5%) of the lowest bid shall be given the opportunity to become the lowest bidder by reducing its bid to match the bid of the lowest bidder. In order to be deemed the lowest bidder, the Local Business Entity must agree in writing to reduce its bid to match the bid of the lowest bidder within three (3) Working Days of the City’s request to match. Thereafter, the Contract may be awarded to that Local Business Entity if it otherwise qualifies as the Lowest Responsible Bidder.
A “Local Business entity” is:
1) a) A business entity providing services when the entity’s principal place of business is located within the City as identified on a City business license or other official documents; or
b) a vendor making a sale of goods provided that such business or entity possesses a valid and current seller’s permit or equivalent issued by the State Board of Equalization or its successor which identifies the City of Vista as the points of sale for all of its taxable retail sales within the City’s jurisdiction; and
2) Holds a City of Vista business license that has been in effect for at least six (6) months prior to the issuance of a request for bids/proposals for which the company wishes to bid; and
3) Employs at least two (2) full-time, or four (4) part-time employees of the company whose primary residence is located within the City of Vista; or, if the company has no employees, then is at least fifty percent (50%) owned by one or more persons whose primary residences are located within the City of Vista.
2 3. VETERAN-OWNED BUSINESS ENTITY
A Veteran-Owned Business Entity, as defined below, may be entitled to a preference as provided for in section 3.08.020 of the Vista Municipal Code. Should the bidder who submits the lowest bid not be a Veteran-Owned Business Entity, then the lowest bid submitted by a Veteran-Owned Business Entity which is within two percent (2%) of the lowest bid may be deemed the Lowest 01/13/2026
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17 Monetary Bidder, whether or not that bidder is the second lowest bidder, if the Veteran-Owned Business Entity agrees, in writing, to reduce its bid to match the bid of the lowest bidder within three days of the City’s request to match. Thereafter, the Contract may be awarded to the Veteran-Owned Business Entity if it otherwise qualifies as the Lowest Responsible Bidder.
A “Veteran-Owned Business Entity” is:
1 ) Is a business entity which at least fifty one percent (51%) owned by one or more veterans; and
2) Holds a business license for at least 6 months prior to the issuance of the request for bids/proposals in
(a) the City of Vista; or
(b) one of the other Innovate 78 Corridor Economic Development Initiative cities of Carlsbad, Escondido, Oceanside, or San Marcos, provided that the city issuing the business license has enacted a substantially similar veterans business preference program as determined by the City Manager; and 3) (a) Is a Service-Disabled Veteran-Owned Small Business (SDVOSB) or Veteran-Owned Small Business (VOSB) registered with the Office of Small & Disadvantaged Business Utilization’s Vets First Verification Program, a division of the U.S. Department of Veteran Affairs, or (b) is a disabled Veteran Business Enterprise (DVBE) certified and registered with the Office of Small Business and DVBE Service, a division of the California Department of General Services.
24. EXECUTION OF CONTRACT / FAILURE TO EXECUTE CONTRACT
A
bidder whose proposal is being recommended for acceptance shall execute a written Contract with the Agency, in the form of the CONSTRUCTION CONTRACT attached hereto, prior to contract award and within the time requested by the Agency. Thereafter, a bidder to whom an award is made shall secure the payment of Workmen's Compensation, and furnish good and approved bonds and insurance certificates, all as required in the following paragraph and all in accordance with the provisions hereof, within ten (10) Working Days from the date of the posting of the
Notice of Intent to Award a contract, by the Agency to the bidder, according to the address given by him in his proposal.
If a bidder to whom award is made fails or refuses execute the Contract prior to bid award, or to thereafter conform to any of the stipulated requirements in connection therewith, the money represented by his check or bidder's bond shall become the property of the Agency, as provided in the provisions for “Bid Security” herein, any award made will be annulled, and, at the discretion of the Agency, an award may be made to the bidder whose proposal is next most acceptable to the Agency, and such bidder shall fulfill every stipulation embraced herein as if he were the party to whom the first award was made. A corporation whose proposal is being recommended for acceptance may be required, before the Contract is executed, to furnish evidence of its corporate existence, of its right to do business in California, and of the authority of the officer signing the Contract and bonds for the corporation.
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18 25. BONDS
E
xcept as otherwise provided in the Contract Documents, a bidder to whom the Contract is awarded shall, within the time stated in the provisions for “EXECUTION OF CONTRACT / FAILURE TO EXECUTE CONTRACT” herein, furnish a bond with an admitted corporate surety, or corporate sureties conditioned upon the faithful performance of the said bidder of all covenants and stipulations in the Contract. Said bond, hereinafter referred to as the Faithful Performance Bond, shall be in the form approved by the Agency and in the penal sum of at least one hundred percent (100%) of the total base bid amount payable under the Contract secured by two (2) or more sufficient sureties or by a surety company.
Within the time mentioned in the preceding paragraph, the bidder to whom the Contract is awarded shall also furnish a Payment Bond, approved by the Agency, in accordance with the provisions of Civil Code Section 3225-3228, inclusive, and Sections 3247-3252, inclusive.
Unless otherwise specified in the Contract Documents, said Payment Bond shall be in a sum not less than one hundred percent (100%) of the total amount payable by the terms of this Contract, but not less than the sum prescribed by Section 3248 of the Civil Code, in any case.
Each bond shall incorporate, by reference, the Contract, and be signed by both the Contractor and the Surety.
Sureties must:
1) be listed in the latest version of U.S. Department of Treasury Circular 570 at:
https://www.fiscal.treasury.gov/fsreports/ref/surety
Bnd/c570_a-z.htm
2) be authorized to issue bonds in California;
3) have bonding limitation shown in said Circular 570 sufficient to provide bonds in the amount required for the contract.
The Agency will verify that the corporate surety or sureties that furnish bonds for this Contract are admitted sureties authorized to provide such services in the State of California through the following URL website link at:
http://www.insurance.ca.gov
The surety or sureties on all bonds furnished must be satisfactory to the Agency. All insurance or surety companies providing insurance or surety bond(s) under the Contract shall be admitted in the State of California to transact the insurance business in the class of the type provided and shall have a general policy holder's rating of "A" or higher and a Financial Class V ($10,000,000) or better as established in the most current A. M. Best's Key Rating Guide or equivalent or greater rating established by another recognized rating entity such as Moody’s; provided however, that for the workers' compensation and employers' liability insurance business and having a general policy holders' rating of "A" or higher and a Financial Class VI or higher in the most current A.M.
Best's Key Rating Guide. The party required to furnish bonds pursuant to these instructions shall furnish such bonds at his cost and expense. The Agency reserves the right to reject any 01/13/2026
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19 bond if, in the opinion of the Engineer, the surety's acknowledgment is not in the form included in the Contract Documents or in another form substantially as prescribed by law.
Surety companies and insurance companies shall familiarize themselves with all of the conditions and provisions of the contract, and they waive the right of special notification of any change or modification of the Contract or of decreased or increased work or of the cancellation of the contract, or of any other acts by the Agency or its authorized agents, under the terms of the contract. Notwithstanding the provisions of any other contract or agreement, the failure of any surety company or insurance company to receive notification of any of the aforesaid changes shall in no way relieve the surety company or insurance company of its obligations under the contract. Notwithstanding any other provisions of the Contract Documents inconsistent with the provisions of this section, the Contractor shall not be responsible for the cost of repairing or restoring damage to the Work in excess of five percent (5%) of the Contract price caused by an act or acts of God, as defined in Public Contract Code Section 7105, occurring after the Contract for the Work is entered into.
To be approved, the Payment Bond must be in the form provided in these Project Specifications.
Unless a Contractor’s Payment Bond is filed and approved as herein provided, no claim in favor of the Contractor arising under the Contract shall be audited, allowed or paid by the Agency. Any persons named in Section 3181 of the California Civil Code shall receive payment of their respective claims in the manner provided by Chapter 4, Part 4, Division 3, Title 15 of the California civil Code upon having complied with the conditions of Section 3183 of the California Civil Code.
26. NOTIFICATION OF SURETY COMPANIES
T
he surety companies and other signers of any of the above mentioned bonds and insurance companies, shall familiarize themselves with all of the conditions and provisions of the contract, and they waive the right of special notification of any change or modification of the Contract or of extension of time, or of decreased or increased work, or of the cancellation of the Contract, or of any other act or acts by the Agency or its authorized agents, under the terms of the Contact; and failure to so notify the aforesaid surety companies or insurance companies of changes shall in no way relieve the surety companies of their obligation under the Contract.
27. LIABILITY INSURANCE
B
efore the Contract is executed on behalf of the Agency, a bidder to whom the Contract has been awarded shall furnish to the Agency a policy or certificate of protective liability insurance in which the Agency shall be named as an additional insured with the bidder. The policy shall insure the Agency, its officers and its employees, the bidder, his employees, and his subcontractors and their employees, and their heirs, agents, and employees, while acting within the scope of their duties, against all claims arising out of or in connection with the Work to be performed, and shall remain in full force and effect until the Work is accepted by the Agency. The policy shall provide for the limits stated with any insurance policy carried by the Agency. The public liability insurance shall be in the amounts set forth in of the Supplementary General Provisions. The insurance 01/13/2026
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20 company shall meet the financial strength rating requirements set forth in the General Provisions.
28. INSURANCE CODE REQUIREMENTS
A
ttention is called to the provisions of the Insurance Code of the State of California with reference to the writing of insurance policies and bonds covering risks located in this state, and the premiums and commissions thereon. A bidder to whom the Contract is awarded shall furnish, at the time his bond or bonds are submitted for approval, satisfactory evidence that the requirements of said code have been observed.
29. ASSIGNMENT
I
n accordance with Section 4552 of the Government Code, the bidder shall conform to the following requirements. In submitting a bid to the Agency, the bidder offers and agrees that if the bid is accepted, it will assign to the Agency all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act [Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code], arising from purchases of goods, services or materials by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder.
30. WAGE RATES
P
ursuant to the Vista City Charter and the Vista Municipal Code, payment of prevailing wages and compliance with the California Labor Code Sections 1770 et seq IS required for this Project.
It shall be mandatory upon the Contractor to whom the Contract is awarded, and upon all subcontractors under him, to pay not less than the general prevailing rates of wages to all workers employed in the execution of this Contract in accordance with the provisions of the California Labor Code and general law. Certified payroll on an approved compliance format is required for all work under this Contact and shall be submitted directly to the Labor Commissioner’s Office as required by law.
In accordance with the requirements of Section 1726 of the Labor Code, the Agency will ensure that public works contractors pay prevailing wages and are in compliance with public works laws and will report any suspected violations to the Labor Commissioner:
In accordance with the requirements of Section 1727 (a) of the Labor Code, the Agency will withhold and retain all amounts required to satisfy any Civil Wage and Penalty Assessment.
Information on the current prevailing wages can be obtained by contacting the State of California, Department of Industrial Relations, Division of Labor Statistics and Research, PO Box 420603, 01/13/2026
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21 San Francisco, California, 94142, (415) 703-4774 or from the California Department of Industrial Relations’ internet website at http://www.dir.ca.gov.
31. SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION
T
he Contractor may elect to receive one hundred percent (100%) of payments due under the Contract Documents from time to time, without retention from any portion of the payment by the Agency, if the Contractor deposits securities of equivalent value with the Agency in accordance with the provisions of Section 22300 of the California Public Contract Code. Such securities, if deposited by the Contractor, shall be valued by the Agency, whose decision on valuation of the securities shall be final. Securities eligible for investment under this provision shall be limited to those listed in Section and 16430 of the California Government Code.
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22 INSTRUCTIONS FOR SIGNING BIDS, BONDS AND CONTRACTS
C
ORPORATIONS
Give name of corporation.
Proof of authorization shall be established (pursuant to Corporation Code Section 313) when the corporate officers listed below both sign the documents:
Signatures: Chairman of Board or President or Vice-President AND Secretary or Assistant Secretary or Chief Financial Officer or Assistant Treasurer.
Affix corporate seal and Notary's acknowledgment.
Others may sign to bind the corporation if the Agency has been furnished a certified copy of a resolution of the corporate board of directors authorizing them to do so.
PARTNERSHIPS
Signatures: All members of partnership. One may sign if the Agency has a copy of authorization [i.e., a Certificate of Partnership (State form LP-1 for Limited Partnerships) or a copy of the partnership agreement is sufficient to establish the authority of a single general partner to bind the partnership].
Affix Notary's acknowledgment.
JOINT VENTURES
Give the names of the joint ventures.
Signatures: All joint ventures. One may sign if the Agency has a copy of authorization.
Affix Notary's acknowledgment.
INDIVIDUALS
Signature: The individual.
Affix Notary's acknowledgment.
FICTITIOUS NAMES
Show fictitious names.
Satisfy all pertinent requirements shown above (note: If the Bidder is a sole proprietorship, either a Fictitious Business Name Statement or a City of Vista business license is sufficient to establish the authority of an individual to bind the sole proprietorship).
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23 BONDS
In addition to all pertinent requirements above, give signature of Attorney-in-Fact and apply surety's seal.
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24 BID PROPOSAL
From: ______________________________________________________________, Bidder,
For: The construction of
Solar Streetlight Project
a
s specifically set forth in documents entitled
Solar Streetlight Project (C.I.P. No. 8385)
T
he undersigned hereby proposes and agrees that if his bid as submitted in the attached BID SCHEDULE b e accepted, he will contract in the form so approved to perform all work for which a Contract may be awarded him, to furnish any and all plant, labor, services, materials, tools, equipment, supplies, transportation, utilities and all other items and facilities necessary therefore as provided in the Contract Documents, and to do everything required therein for the proposed Project as specifically set forth in said Contract Documents, together with appurtenances thereto, all as set forth on the Drawings and in the Project Specifications and other Contract Documents; and he further proposes and agrees to complete all the Work called for by the Drawings, Project Specifications, and other Contract Documents in strict conformity therewith within the time limits set forth therein; and that he will accept as full payment therefore the prices set forth in the BID SCHEDULE f orming a part hereof.
The undersigned hereby submits either a Bid Bond or Bid Security in the form of Cash, a Cashier’s Check, or a Certified Check, using the forms included in these Bid Documents, properly made payable to CITY OF VISTA, h ereinafter designated as the Agency, in an amount that is at least ten percent (10%) of the total base bid amount. The Bid Bond or Bid Security i s attached hereto and is given as a guaranty that the undersigned will execute the Contract and furnish the required bonds if awarded the Contract and, in case of failure to do so within the time provided, the proceeds of said bond or bid security shall be forfeited to the Agency. The Surety’s liability to the Agency for forfeiture of the face amount of the bond shall be considered as established.
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25 It is understood and agreed that:
1. The undersigned has carefully examined all Bid documents and other Documents which will form the Contract, including all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any said documents.
2. The undersigned has, by investigating the site of work, by reviewing and analyzing the Plans and Specifications, and by otherwise familiarizing himself with the Project, has satisfied himself as to the nature and location of the Work and has fully informed himself as to all conditions and matters which can in any way affect the Work or the cost thereof.
3. The undersigned fully understands the scope of the Work and has included in the various related items of Work the cost of all work not listed as a separate item so that the Bid for the Project reflects the total cost for completing the Work in its entirety, has checked carefully all words and figures inserted in this Bid, and he further agrees that the Agency shall in no way be responsible for any errors or omissions in the preparation of this proposal.
4. The undersigned will execute the Contract and furnish the required Performance Bond, Payment Bond, and proof of insurance coverage within the stipulated time after the posting of a notice to him of acceptance of his bid by the Agency; and further, that this bid may not be withdrawn for a period of ninety (90) calendar days
after the date set for the opening thereof
unless otherwise required by law. If any bidder shall withdraw his bid within said period, the bidder shall be liable under the provisions of the Bid Security, or the bidder and his surety shall be liable under the Bid Bond, as the case may be.
5. The surety or sureties and insurance companies named in the space provided have agreed to furnish bonds, insurance, and endorsements in the form and amounts set forth in the Contract Documents in the event the Contract is awarded on the basis of this proposal.
6. The undersigned hereby certifies that this proposal is genuine and not sham or collusive or made in the interest or in behalf of any person not herein named, and the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from bidding, a
nd the undersigned has not in any manner
sought by collusion to secure for himself an advantage over any other bidder.
7. In conformance with current statutory requirements of Section 1860, et. seq., of the Labor Code of the State of California, the undersigned confirms the following as his certification:
“I am aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
8. Receipt of Addenda No. ___ through ___ is hereby acknowledged. (If none, write “NONE”).
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26 9. In compliance with the Notice Inviting Bids and all the provisions hereinbefore stipulated, the undersigned, with full cognizance thereof, hereby proposes to perform the entire work for the prices set forth in the attached BID SCHEDULE upon which award of the Contract is made.
(Continued on next page)
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27 DATE: ________________, 20_____ BIDDER’S NAME___________________________
BY______________________________________
Signature
________________________________________
Printed Name
TITLE____________________________________
BY______________________________________
Signature
________________________________________
Printed Name
TITLE____________________________________
(CORPORATE SEAL) BIDDER'S MAILING ADDRESS:
Name and address of all members ________________________________________ of the firm or names of all officers
of the corporation. ________________________________________
CORPORATION ORGANIZED UNDER THE LAWS
_________________________________ OF THE STATE OF
_________________________________ ________________________________________
_________________________________ CONTRACTOR'S LICENSE # _________________
_________________________________ EXPIRATION DATE_________________________
_________________________________ CONTRACTOR'S LICENSE CLASS______________
_________________________________ SURETY OR SURETIES: _____________________
_________________________________ ________________________________________
_________________________________ INSURANCE COMPANY:
_________________________________ ________________________________________
I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct:
______________ _________________________________
Date CONTRACTOR'S SIGNATURE
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28 BID SCHEDULE
To be completed through the City’s Electronic Bidding S ystem (OpenGov Procurement)
P
ursuant to and in compliance with the Notice Inviting Bids and other Contract Documents relating to the proposal for the construction of
SOLAR STREETLIGHT PROJECT
a
s specifically set forth in documents entitled
SOLAR STREETLIGHT PROJECT (C.I.P. No. 8385)
a
ll in accordance with the Plans and Project Specifications on file at the City of Vista Engineering Department, the undersigned bidder, having familiarized himself with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the Work at the place the Work is to be done; and with the Plans, Project Specifications and other Contract Documents, hereby stipulated; the Contractor agrees to complete the Contract, including all of its component parts and everything required to be performed, and to provide and furnish any and all labor, materials, tools, equipment, expendable supplies and all utility and transportation services necessary to perform the Contract, and complete in a workmanlike manner all of the Work required in connection with the Contract, all in strict conformance with the Plans and Project Specifications on file at the City of Vista Engineering Department.
All items shall be finished and functional per Plans and the Contract Documents. Items designated with an ‘S’ in the Bid Item column of the Bid Schedule are Specialty Items per Subsection 3-2 (“SELF-
PERFORMACE”) of the San Diego Regional Supplement to the Greenbook.
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29 BID SCHEDULE
(Provided for reference only)
PROJECT NAME: SOLAR STREETLIGHT PROJECT (C.I.P. No. 8385)
TO BE COMPLETED THROUGH THE CITY’S ELECTRONIC OPENGOV PROCUREMENT BIDDING SYSTEM
NOTE 1: The Bid Schedule Worksheet is only provided as a reference for preparing the bid. Onl y the unit prices and totals entered in the OpenGov Procurement bidding system will be considered valid for purposes of the City’s bid evaluation. The low bidder bid schedule from OpenGov Procurement will be printed and inserted into the final contract documents.
Note 2: Unit prices shall prevail over extended total and grand total prices. Late bids will not be accepted.
The following “Description of Base Bid Items” is part of the Bid Schedule and shall be submitted with the bid.
Base Bid Items
Bid
Item Description Of Work Qty. Unit
1 Mobilization & Demobilization
(5% maximum of Total Base Bid) 1 LS
2 Public Notification per Supplementary General
Provisions, Section 3-11.2 1 LS
3 Storm Water Pollution Prevention and Erosion
Control 1 LS
4 Traffic Control and Construction Staging 1 LS
5 Dig Alert and Utility Potholing 1 LS
6 Receive and Store Owner(City of Vista) Supplied
Solar Streetlights
1 LS
7 Receive and Store Owner(City of Vista) Supplied
Ameron 6B126 concrete pole 1 LS
8 Furnish Ameron 2B224 concrete pole 24 EA
9 Install “Type A” Steel Pole Solar Streetlights per
Appendix H 60 EA
10 Install “Type B” Solar Streetlights and Ameron
6B126 pole per Appendix H 2 EA
11 Install “Type C” Solar Streetlights and Ameron
2B224 pole per Appendix H 24 EA
BID SCHEDULE WORKSHEET – END
(Provided for reference only)
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30 BID SCHEDULE TO BE COMPLETED THROUGH THE CITY’S ELEC TRONIC BIDDING SYSTEM (OPENGOV PROCUREMENT)
NOTE: Determination of the lowest bid shall be based solely on the lowest TOTAL BASE BID FOR IMPROVEMENTS. Unit prices shall prevail over extended total and grand total prices. Late bids will not be accepted.
Description of Base Bid Items:
(Scan and Include with Bid Package)
General
Bid Item 1 – Mobilization & Demobilization (5% maximum of Total Base Bid) :
Bid item shall include full
compensation for all bonds, insurance, sureties, licenses, permits, facilities, labor, equipment and material necessary to complete all work required in advance of construction operations, and upon the initiation of construction operations, to mobilize all required equipment, materials and personnel on-site, and complete all associated and appurtenant work in accordance with the Standard Specifications, the Supplementary General Provisions, and as directed by the Engineer. The Bid Item shall also include all labor, equipment and material required to clean-up and restore the site, demobilize and remove all equipment, materials, staging and temporary BMPs, and complete all work required at the end of construction operations in accordance with the Standard Specifications, the Supplementary General Provisions of these Specifications, and as directed by the Engineer. The lump sum price for this item shall not exceed 5% of the total contract price (5% maximum of Total Base Bid and Additive Alternate Bid Combined).
Bid Item 2 - Public Notification per Supplementary General Provisions , Section 3-11.2: Bid item shall include full compensation for all necessary labor, equipment, materials, and all other related costs for preparation, copying, and distribution shall be considered as included in the lump sum price Bid for Public Notification
Bid Item 3 – Storm Water Pollution Prevention and Erosion Control: B id item shall include full compensation for submitting the required storm water permit (located in the appendix) including all labor, equipment and materials required to complete all work necessary to install, maintain, repair and replace all temporary construction BMPs to prevent the discharge of any materials into the storm drain system. No additional compensation will be made.
Bid Item 4 – Traffic Control and Construction Staging :
Bid item shall include full compensation for all labor, equipment and materials required to complete all work required to prepare, submit and obtain approved Traffic Control Plans from the City of Vista Traffic Engineering Division; handle traffic (including flagging costs and person(s) to safely control pedestrian and vehicular traffic), furnish tools, equipment and incidentals, and for doing all work involved in staging constructing, furnishing, placing, removing, storing, maintaining, moving to new locations, replacing and disposing of the components of the traffic control system (including traffic control devices, temporary steel plate bridging, temporary road resurfacing); installation and removal of all required temporary striping and signing associated and appurtenant work as specified in the Standard Specifications, Section 7-10 of the Supplementary General Provisions of these Specifications, and as directed by the Engineer. This bid item shall also include the completion, submittal and processing of a no-fee encroachment permit (application form is included in the Appendices to these Specifications).
Bid Item 5 - Dig Alert and Utility Potholing : A
t least two (2) Working Days (48 hours minimum) , but not more than fourteen (14) days, prior to any potholing or excavating, the Contractor shall contact Underground Service 01/13/2026
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31 Alert of Southern California at 811-422-4133 or 800-422-4133 for a Dig Alert I.D. Number and shall ensure that all existing underground utilities have been marked by their owners prior to any potholing or excavating.
Section 4216 / 4217 of the Government Code requires a Dig Alert I.D. Number to be issued before a “Permit to Excavate” will be valid. Bid item shall include full compensation for all coordination, labor, equipment and material required to locate, protect and restore all existing utilities and improvements which “may be affected” or “are affected” by the Work in accordance with the Standard Specifications, the Supplementary General Provisions of these Specifications, and as directed by the Engineer. The location, protection, and restoration of existing utilities and improvements (including street pavements, sidewalks and landscaping/irrigation), specifically identified for payment under other bid items shall not be included for payment within this bid item.
All other location, protection and restoration required to complete the Work shall be incorporated into this bid item. The City will provide utility as-builts upon request.
Bid Item 6 – Receive and Store Owner(City of Vista) Supplied Solar Streetlights: Bid item shall include full compensation for all coordination, labor, equipment and material required to coordinate receipt and storage of the City of Vista purchased and provided solar streetlights and all associated appurtenances, poles, mast arms, solar modules, control systems and all other components of the manufacturer(Fonroche) supplied solar streetlight system package. There are 86 solar streetlights; 60 of the 86 will include the complete streetlight kit including the steel pole supplied by Fonroche. 24 of the 86 locations will have a streetlight kit with an adapter for mounting on an Ameron 2B224 concrete pole. 2 of the 86 locations will have a streetlight kit with an adapter for mounting on an Ameron 6B126 concrete pole. Include all necessary equipment and manpower, to receive, handle and store all street light components and systems. Provide sufficient protection to prevent weather or any other damage to sensitive components. Storage area shall be the City of Vista Storage Yard located at 2525 Lupine Hills Dr. Vista CA., 92081. See Appendix “C” for map of storage location.
Bid Item 7 – Receive and Store Owner(City of Vista) Supplied Ameron 6B126 concrete pole:
Bid item shall
include full compensation for all coordination, labor, equipment and material required to coordinate receipt and storage of the City of Vista purchased and provided Ameron 6B126 concrete pole. Include all necessary equipment and manpower, to receive, handle, and store the pole. Provide sufficient protection to prevent damage. Storage area shall be the City of Vista Storage Yard located at 2525 Lupine Hills Dr. Vista CA., 92081.
See Appendix “C” for map of storage location.
Bid Item 8 –Furnish Ameron 2B224 concrete pole : Bid item shall include full compensation for all labor, equipment and material required to furnish Ameron 2B224 concrete pole. Include all necessary equipment and manpower, to furnish, receive, handle, and store the pole. Provide sufficient protection to prevent damage.
Storage area shall be the City of Vista Storage Yard located at 2525 Lupine Hills Dr. Vista CA., 92081. See Appendix “C” for map of storage location.
Bid Item 9 – Install “Type A ” Steel Pole Solar Street lights per App endix H : Bid item shall include full compensation for all coordination, labor, equipment and material required to handle and transport stored materials to the solar streetlight installation location. Include coordination to access storage facility with a City of Vista representative a minimum of two days prior to requiring access to the storage site. Materials are not to be stored or left at installation location. Uninstalled components will be returned to the storage yard or appropriately stored and handled by the Contractor. Bid item shall also include full compensation for all coordination, labor, equipment and material required to excavate the Solar Streetlight Footings. The excavation shall be performed using a vacuum truck. Care must be taken during excavation to not damage any utility or other substructures. Upon discovery of subsurface obstructions or utilities the excavation shall stop and Contractor will notify the COV representative and request direction. Bid item shall also include the removal and disposal of all spoils is included. Excavated holes shall be covered, secured and protected at all times when personnel are not present. Bid item shall also include full compensation for all coordination, labor, equipment, material and inspection required for backfilling the direct burial holes with concrete. Contractor 01/13/2026
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32 shall supply and place minimum 560-C-3250 concrete at all Fonroche supplied steel streetlight pole locations including the 4” topping slab per details contained within the Appendices for direct burial foundations. Bid item shall also include full compensation for all coordination, labor, equipment, material and inspection required to install the solar streetlights including but not limited to, galvanized steel light poles, solar modules, power center, batteries, luminaires, and all materials and equipment associated with the installation of the solar streetlights including streetlight pole erection, power pack installation, solar module installation and luminaire installation per the Appendix E installation instructions.
Bid Item 10 – Install “Type B” Solar Street lights and Ameron 6B126 pole per App endix H :
Bid item shall
include full compensation for all coordination, labor, equipment and material required to handle and transport stored materials to the solar streetlight installation location. Include coordination to access storage facility with a City of Vista representative a minimum of two days prior to requiring access to the storage site. Materials are not to be stored or left at installation location. Uninstalled components will be returned to the storage yard or appropriately stored and handled by the Contractor. Bid item shall also include full compensation for all coordination, labor, equipment and material required to excavate the Solar Streetlight Footings. The excavation shall be performed using a vacuum truck. Care must be taken during excavation to not damage any utility or other substructures. Upon discovery of subsurface obstructions or utilities the excavation shall stop and Contractor will notify the COV representative and request direction. Bid item shall also include the removal and disposal of all spoils is included. Excavated holes shall be covered, secured and protected at all times when personnel are not present. Bid item shall also include full compensation for all coordination, labor, equipment, material and City Inspection requirements to supply and place structural concrete (min. 560-C- 3250) and associated structural components, reinforcement, J – Bolts, base plates and topping slab at grade at all concrete pole bases. See Appendices for details. Concrete strength and mixture design shall meet the City of Vista and SDRSD requirements and shall be submitted for approval per the submittal lead time requirements. Bid item shall also include full compensation for all coordination, labor, equipment, material and inspection required to install the solar streetlights including but not limited to, foundation, concrete light poles, solar modules, power center, batteries, luminaires, and all materials and equipment associated with the installation of the solar streetlights including streetlight pole erection, power pack installation, solar module installation and luminaire installation per the Appendix E installation instructions.
Bid Item 11 – Install “Type C” Solar Streetlights and Ameron 2B224 pole per Appendix H:
Bid item shall include
full compensation for all coordination, labor, equipment and material required to handle and transport stored materials to the solar streetlight installation location. Include coordination to access storage facility with a City of Vista representative a minimum of two days prior to requiring access to the storage site. Materials are not to be stored or left at installation location. Uninstalled components will be returned to the storage yard or appropriately stored and handled by the Contractor. Bid item shall also include full compensation for all coordination, labor, equipment and material required to excavate the Solar Streetlight Footings. The excavation shall be performed using a vacuum truck. Care must be taken during excavation to not damage any utility or other substructures. Upon discovery of subsurface obstructions or utilities the excavation shall stop and Contractor will notify the COV representative and request direction. Bid item shall also include the removal and disposal of all spoils is included. Excavated holes shall be covered, secured and protected at all times when personnel are not present. Bid item shall also include full compensation for all coordination, labor, equipment, material and City Inspection requirements to supply and place structural concrete (min. 560-C- 3250) and associated structural components, reinforcement, J – Bolts, base plates and topping slab at grade at all concrete pole bases. See Appendices for details. Concrete strength and mixture design shall meet the City of Vista and SDRSD requirements and shall be submitted for approval per the submittal lead time requirements. Bid item shall also include full compensation for all coordination, labor, equipment, material and inspection required to install the solar streetlights including but not limited to, foundation, concrete light poles, solar modules, power center, batteries, luminaires, and all materials and equipment associated with 01/13/2026
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33 the installation of the solar streetlights including streetlight pole erection, power pack installation, solar module installation and luminaire installation per the Appendix E installation instructions.
--END OF BID SCHEDULE—
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34 CONTRACTOR'S LICENSING STATEMENT
T
he undersigned is licensed in accordance with the laws of the State of California providing for the registration of Contractors.
Contractor's License Number: _________________________________________________________________
Contractor's License Class: _________________________________________________________________
Expiration Date: _________________________________________________________________
(As described in the INSTRUCTIONS FOR SIGNING BIDS, BONDS AND CONTRACTS, complete and sign the
appropriate section for your company)
Name of Individual C
ontractor (Print or type): ____________________________________________________
Signature of Contractor: _________________________________________________________________
Business Address: _________________________________________________________________
or
Name of Partnership
or Joint Venture Firm: ____________________________________________________
Business Address: ________________________________________________________________________
Signature, printed name, title and address of members signing on behalf of the partnership:
Signature: _____________________ Name: ______________________ Title: ______________________
Address: _________________________________________________________________________________
Signature: _____________________ Name: ______________________ Title: ______________________
Address: _________________________________________________________________________________
or
Name of Corporation:
________________________________________________________________________
Business Address: ________________________________________________________________________
Corporation organized under the laws of the State of _____________________________________________
_______________________________________ __________________________________________ Signature of Officer of Corporation Printed Name and Title
_______________________________________ __________________________________________ Signature of Officer of Corporation Printed Name and Title
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35 PROJECT REFERENCES
T
he Bidder shall provide evidence that the Bidder has had the prior experience to properly perform in accordance with the terms of these Plans and Project Specifications.
List ALL contracts with public agencies entered within the past five (5) years o f the most recent projects for which the Bidder has completed work of similar size and complexity to this project as the General (or Prime) Contractor, and the names and phone numbers of the contracting public agencies. Make copies of this page for listing additional projects.
Project
No. Date Completed Public Agency Name,
Contact Person & Phone
Project Name and Description of
Work Contract Amount
1. 2.
3. 4.
5. 6.
7. Note: Attached pre-printed list to this page to list additional projects. 01/13/2026
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36 CONTRACTOR’S LIST OF SUBCONTRACTORS
P
ROJECT NAME: Solar Streetlight Project (C.I.P. No. 8385)
NAME OF BIDDER: ______________________________________________________________________________
In accordance with Division 2, Part 1, Chapter 4 of the Public Contract Code, the prime Contractor shall submit with its Bid a list of subcontractors who will perform work in excess of one-half of one percent (0.5%) of the prime Contractor’s total Bid or $10,000, whichever is greater.
Subcontractors listed must be properly licensed for the type of work they are to perform, and their license numbers must be indicated below. Do not list alternate subcontractors for the same work.
Name under which
Subcontractor is licensed
License No.
and Class
Address of Office,
Mill or Shop
DBE
(Yes/No)
Bid
Item
No(s).
Description of
Subcontractor’s
Portion of Work
Dollar Value
of
Subcontract
(Provide additional copies of this sheet if needed)
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37 NON-COLLUSION DECLARATION
Solar Streetlight Project (C.I.P. No 8385)
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
T
he undersigned declares:
I am the __________________ of _________________________________, the party making the foregoing bid. (Title) (Company Name)
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on
________________________, at ________________________________, ___________________________.” (Date) (City) (State)
________________________________________
Signature
________________________________________
Printed Name
________________________________________
Title
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38 BID SECURITY FORM
(For Cash or Checks)
BID SECURITY FORM
Solar Streetlight Project (C.I.P. No. 8385
(
For Cash or Checks)
Note: This form is to be used when the Bidder chooses to submit cash or a check instead of a bid bond as bid security. Cash or a cashier’s or certified check in the amount of not less than ten percent (10%) of the total Base Bid must accompany the bid.
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Vista (“Agency”) has issued an invitation for bids for the work described as follows:
Work Description.
WHEREAS
(Name, address, and telephone number of Bidder)
the undersigned bidder (“Bidder”), has submitted the accompanying bid to Agency for the work.
WHEREAS, bidders are required under the provisions of the Vista Municipal Code to furnish a form of bidder’s security with their bid.
NOW, THEREFORE, the undersigned Bidder,
is held and firmly bound unto Agency in the penal sum not less than ten percent (10%) of the total base bid amount, in lawful money of the United States of America in the form of *Cash, *a Certified Check, *a Cashier’s Check (* Strike out the inapplicable words) for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Bidder shall not withdraw said bid within the period specified in the bidding specification, or, if no period be specified, for ninety (90) calendar days after the bid opening; or if the Bidder does not attempt to withdraw the bid when the requirements of Public Contract Code §5101 et seq. are not met; or if the Bidder is awarded a contract for the work by Agency and, within the time and in the manner required by the bidding specification , or if no period be specified, within ten (10) working days after the Contract is awarded, enters into the written form of contract included with bidding specification, furnishes the required bonds, one to guarantee faithful performance and the other to guarantee payment for labor and materials, and furnishes the required insurance coverages, then this obligation shall become null and void and the cash or check shall be returned to Bidder; otherwise, the proceeds of the cash or check shall become the property of the Agency and the Bidder shall have no further interest therein. [Text and signatures continued on page 2.]
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39 In case suit is brought against the Bidder based on this obligation, Bidder further agrees to pay all court costs incurred by Agency in the suit and reasonable attorneys’ fees in an amount fixed by the court.
IN WITNESS WHEREOF, this instrument has been duly executed by Bidder on the date set forth below, the name of each corporate officer being hereto affixed, and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
Bidder
By:
Its
By:
Its
(Seal)
This form must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached.
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40 BID SECURITY FORM
B
ID BOND
Solar Streetlight Project (C.I.P. No. 8385)
Bond No.:
BID BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
The City of Vista (“City”) has issued an invitation for bids for the work described as follows:
Work Description.
(Name, address, and telephone number of Bidder)
the undersigned bidder (“Principal”), has submitted the accompanying bid to City for the work.
Bidders are required under the provisions of the Contract to furnish a form of bidder’s security with their bid.
NOW, THEREFORE, we, the undersigned Principal, and
(Name, address, and telephone number of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto City in the penal sum not less than ten percent (10%) of the total base bid amount, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal shall not withdraw said bid within the period specified in the bidding specification, or, if no period be specified, for ninety (90) calendar days after the bid opening; or if the Principal does not attempt to withdraw the bid when the requirements of Public Contract Code §5101 et seq. are not met; or if the Principal is awarded a contract for the work by City and, within the time and in the manner required by the bidding specification , or if no period be specified, within ten (10) working days after the Contract is awarded, enters into the written form of contract included with bidding specification, furnishes the required bonds, one to guarantee faithful performance and the other to guarantee payment for labor and materials, and furnishes the required insurance coverages, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
In case suit is brought upon this bond, Surety further agrees to pay all court costs incurred by City in the suit and reasonable attorneys’ fees in an amount fixed by the court.
Surety, for value received, hereby stipulates and agrees that no change, extension of time for award of a contract after opening of bids, alteration, addition, modification, or supplement to the terms of the bidding documents, the work to be performed thereunder, or the Contract Documents shall in any way affect Surety’s obligations under this Bond, and Surety does hereby waive notice of any such change, extension of time, alteration, addition, modification or supplement to the terms of said Bidding Documents, the Work to be performed thereunder, or the Contract Documents. Surety hereby waives the provisions of California Civil Code §§ 2819, 2845, and 2849. City is an intended beneficiary of this bond and has all rights of a party thereto. [Text and signatures continued on page 2.]
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41 IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed, and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Signature
Name and Title
By:
Signature
Name and Title
(Seal)
“`Surety”
By:
Signature
Name and Title
By:
Signature
Name and Title
(Seal)
This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached.
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42 CONSTRUCTION CONTRACT
Solar Streetlight Project (C.I.P. No. 8385)
C
ONSTRUCTION CONTRACT
THIS CONTRACT is made and entered into as of _____________________________ (“Contract Date”), by and between the City of Vista, a chartered municipal corporation (“Agency”), and Namex, status (“Contractor”). Agency and Contractor are sometimes individually referred to as a “Party” and collectively as “Parties.”
In consideration of the mutual covenants contained herein, Agency and Contractor agree as follows:
SECTION 1
The Contract Documents consisting of the PROJECT SPECIFICATIONS, comprised of the NOTICE INVITING BIDS, the INSTRUCTIONS TO BIDDERS, the accepted BID PROPOSAL; BID SCHEDULE; CONTRACTOR’S LICENSING STATEMENT; PROJECT REFERENCES; CONTRACTOR’S LIST OF SUBCONTRACTORS;; PUBLIC CONTRACT CODE STATEMENTS AND QUESTIONNAIRE; NON- COLLUSION AFFIDAVITS; the CONSTRUCTION CONTRACT, CONTRACTOR’S CERTIFICATE,
SUPPLEMENTARY GENERAL PROVISIONS, SUPPLEMENTARY TECHNICAL PROVISIONS, Special Provisions, Plans, Standard Plans and Specifications; together with all additions, deletions, modifications, appendices, and all addenda (No. ?), as prepared prior to the date of bid opening setting forth any modifications or interpretations of any said documents, are hereby incorporated in and made a part of this Contract as fully as if set forth herein.
SECTION 2
For and in consideration of the payments and agreements to be made and performed by the Agency as set forth in said Contract Documents, the Contractor agrees with the Agency to construct
PROJECT
as specifically set forth in documents entitled
DOCUMENTS
for which award of the Contract was made, to furnish at his own proper cost and expense all plant, labor, services, materials, tools, equipment, supplies, transportation, utilities and all other items and facilities necessary therefore, as provided in the Contract Documents, and to do everything required therein. In accordance with the provisions of Section 3700 of the Labor Code, the Contractor will be required to secure the payment of Worker’s Compensation Insurance for its employees.
SECTION 3
For furnishing all said services and materials, payment of premiums on insurance policies, obtaining all permits and licenses of a temporary nature, furnishing and removing all plant, temporary work or structures, tools, and equipment, and for doing all the Work contemplated and embraced in this
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43 Contract, also for all loss and damage arising out of the nature of the aforesaid work during its progress o
r prior to acceptance from the action of the elements and from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work, and for all other risks of any description connected with the Work, also for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in the said Contract Documents are expressly stipulated to be borne by the Agency, and for well and faithfully completing the Work and the whole thereof within the stipulated time and in the manner shown and described in the said documents, and in accordance with the requirements of the Engineer under them, the Agency will pay, and the Contractor shall receive in full compensation therefore, the prices set forth by him in the accepted bid. The total compensation will be computed on the basis of the units of work actually performed in accordance with the requirements of the Contract Documents and paid for at the stipulated prices named in the BID SCHEDULE for completion of the Work.
SECTION 4
The Agency hereby promises and agrees with the said Contractor to employ, and does hereby employ the said Contractor to provide the materials and to do the Work according to the terms and conditions herein contained and referred to, for the price aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents, and the Parties for themselves, their heirs, executors, administrators, successors and assigns do hereby agree to the full performance of the covenants herein contained.
SECTION 5
Contractor agrees to indemnify, defend, and save harmless, the Agency, its officers, agents, employees and volunteers from and against any and all claims, demands, damages, losses and expenses, defense costs including attorney fees, or liability of any kind or nature which the Agency, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property as a result of, arising out of, or in any manner connected with the Contractor’s performance under the terms of this Contract, caused in whole or in part by any negligent or willful acts or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the Agency.
[Continued on page 3.]
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44 SECTION 6
Contractor agrees that the Payment Bond and Performance Bond attached to/submitted concurrently with this Contract are for reference purposes only, and shall not be considered a part of this Contract.
Contractor further agrees that said bonds are separate obligations of the Contractor and its surety, and that any attorneys’ fee provision contained in any payment bond or performance bond shall not apply to this Contract. In the event there is any litigation between the Parties arising from the breach of this Contract, each Party will bear its own attorneys’ fees in the litigation.
IN WITNESS WHEREOF, the Parties have caused this Contract to be executed as of the Contract Date.
CITY OF VISTA, a chartered municipal
corporation
By:
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
RISK MANAGEMENT REVIEW:
A
NALISA HOLBROOK, RISK MANAGER
By:
NAMEX, status
B
y:
Name/Title
By:
Name/Title
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45 Bond No.
Premium: $
Effective Date:
PERFORMANCE BOND
Solar Streetlight Project (C.I.P. No. 8385)
LD 25-040; D-4730, APN 175-139-02, 175-139-14 & 175-139-13
KNOW ALL PERSONS BY THESE PRESENTS that:
The City of Vista (“City”) has awarded a contract (the “Contract”) with ThePrincipal ( “Principal”) as follows:
Contract Title,
which Contract, and all Contract Documents set forth t herein, are incorporated herein and made a part thereof by this reference.
Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt, full, and faithful performance of the Contract concurrently with delivery of the signed Contract to City.
NOW, THEREFORE, we, the undersigned Principal, and
,
(Name, address, and telephone number of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto City in the penal sum of Amount Dollars ($xxx), this amount being not less than one hundred percent (100%) the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided, on Principal’s part to be kept and performed, all within the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and hold harmless City and its officers, agents, and others as therein provided, from any and all losses, liability and damages, claims, judgments, stop payment notices, costs, and fees of every description, whether imposed by law or equity, which may be incurred by City by reason of the failure or default on the part of Principal in the performance of any or all of the terms or the obligations of the Contract Documents, as they may be amended and supplemented including, but not limited to, Principal’s liability for City’s damages (including direct and consequential damages incurred by City for: rental expenses; losses of use, income, profit, business, and reputation; increased financing costs; and loss of management or employee productivity or of the services of such persons) caused by Principal’s delays, as well as Principal’s liability for other delay damages or liquidated damages, and any warranties or guarantees required thereunder; then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
When City declares that Principal is in default under the Contract, Surety shall promptly, take one of the following actions:
(a) Remedy the default;
(b) Undertake through its agents or independent contractors reasonably acceptable to City, to complete the Project according to the Contract Documents’ terms and conditions then in effect including without limitation, all obligations with respect to warranties, guarantees, and the payment of liquidated damages; or, if required by City; (c) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions using a procurement methodology approved by City, select a contractor or contractors — acceptable to City — to complete all of the Work, and arrange for a contract between the contractor(s) and City, to be secured with performance and payment bonds executed by an admitted surety insurer equivalent to the bonds issued on the Construction Contract, 01/13/2026
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46 and Surety shall make available, as the Work progresses, sufficient funds to pay the cost of completion less the balance of the Contract Sum, and to pay and perform all obligations of Principal under the Contract and Contract Documents, including other costs and damages for which Surety is liable under this Bond and all obligations with respect to warranties, guarantees, and the payment of liquidated damages as a result of Contractor’s default; (d) Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances:
(i) After investigation, determine the amount for which it may be liable to City and, as soon as practicable after the amount is determined, make payment to City; or (ii) Deny liability in whole or in part and notify City, citing the reasons for denial.
If Surety does not proceed as provided above with reasonable promptness, Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from City to Surety demanding that Surety perform its obligations under this Bond, and City shall be entitled to enforce any remedy available to City. If Surety admits liability and tenders payment, and City refuses the payment, or Surety has denied liability, in whole or in part, without further notice City shall be entitled to enforce any remedy available to City.
In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys’ fees in an amount fixed by the court. Principal and Surety agree that this Performance Bond shall not be considered a part of the Contract but rather is a separate obligation of Principal and its Surety, and that any attorneys’ fee provision contained in this Performance Bond shall not apply to the Contract. In the event there is any litigation between the parties arising from the breach of the Contract, each party will bear its own attorneys’ fees in the litigation.
FURTHER, Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2819, 2845, and 2849.
City is an intended beneficiary of this bond and has all rights of a party thereto.
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47 IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
THEPRINCIPAL
B
y:
Signature
Name and Title
By:
Signature
Name and Title
(Seal)
“`Surety”
By:
Signature
Name and Title
By:
Signature
Name and Title
(Seal)
This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached.
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48 Bond No.
Premium: $
Effective Date:
PAYMENT BOND
(LABOR AND MATERIALS)
Solar Streetlight Project (C.I.P. No. 8385)
LD 25-040; D-4730, APN 175-139-02, 175-139-14 & 175-139-13
KNOW ALL PERSONS BY THESE PRESENTS that:
The City of Vista (“City”) has awarded a contract (the “Contract”) to ThePrincipal (“Principal”) as follows:
Contract Title,
which Contract, and all Contract Documents set forth t herein, are incorporated herein and made a part thereof by this reference.
Principal is required under the terms of the Contract and the California Civil Code to furnish a bond to secure the prompt, full, and faithful payment of any Claimant, as hereinafter defined, for all labor, materials or services used or reasonably required for use in the performance of the work, concurrently with delivery to City of the signed Contract.
NOW, THEREFORE, we, the undersigned Principal, and
,
(Name, address, and telephone number of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto City in the penal sum of Amount Dollars ($xxx), this amount being not less than one hundred percent (100%) of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Division 4, Part 6, Title 3 of the California Civil Code (§ 9000 et seq.), or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract (“Claimants”), Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and void.
This bond shall inure to the benefit of any of the persons named in Division 4, Part 6, Title 3 of the California Civil Code (§ 9000 et seq.), so as to give a right of action to such persons or their assigns in any suit brought upon the bond.
In case suit is brought upon this bond to enforce or interpret this bond’s terms, Surety further agrees to pay all court costs and reasonable attorneys’ fees in an amount fixed by the court. Principal and Surety agree that this Performance Bond shall not be considered a part of the Contract but rather is a separate obligation of Principal and its Surety, and that any attorneys’ fee provision contained in this Performance Bond shall not apply to the Contract.
In the event there is any litigation between the parties arising from the breach of the Contract, each party will bear its own attorneys’ fees in the litigation.
FURTHER, Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the 01/13/2026
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49 specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2819, 2845, and 2849.
City is an intended beneficiary of this bond and has all rights of a party thereto.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
THEPRINCIPAL
B
y:
Signature
Name and Title
By:
Signature
Name and Title
(Seal)
“`Surety”
By:
Signature
Name and Title
By:
Signature
Name and Title
(Seal)
This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached.
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50 CONTRACTOR'S CERTIFICATE
Solar Streetlight Project (C.I.P. No 8385)
C
ONTRACTOR'S CERTIFICATE PURSUANT TO
SECTION 1861 OF THE LABOR CODE
I am aware of the provisions of Section 3700 of the Labor Code that requires every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.
___________________________________
Name o f Contractor
By: ________________________________
Signature
___________________________________
Printed Name
___________________________________
Title
___________________________________
Date
By: ________________________________
Signature
___________________________________
Printed Name
___________________________________
Title
___________________________________
Date
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51 NON-COLLUSION DECLARATION FOR SUBCONTRACTORS
Solar Streetlight Project (C.I.P. No. 8385)
T
O BE EXECUTED BY EACH AWARDEE OF A SUBCONTRACT
The undersigned declares:
I am the __________________ of _________________________________, the party making the foregoing bid. (Title) (Company Name)
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. The provisions of this declaration shall not be held as disqualifying a person, firm or corporation who has submitted a sub-proposal to one bidder from submitting separate sub-proposals or quoting prices for materials or work to other bidders.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on
________________________, at ________________________________, ___________________________.” (Date) (City) (State)
________________________________________
Signature
________________________________________
Printed Name
________________________________________
Title
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52 SUPPLEMENTARY GENERAL PROVISIONS
Solar Streetlight Project (C.I.P. No 8385)
T
his section makes additions, deletions, or revisions to PART 1 – GENERAL PROVISIONS of the 2024 Standard Specifications for Public Works Construction (“Greenbook”). All sections and subsections which are not changed remain in full force and effect.
SECTION 1 – GENERAL, TERMS, DEFINITIONS,
ABBREVIATIONS, UNITS OF MEASURE AND SYMBOLS
1-1 GENERAL.
A
dd the following paragraphs to this subsection:
The terms “as shown,” “as indicated,” or “as specified” are understood to be followed by the phrase “in the Contract Documents.”
Working titles having a masculine gender, such as “workman” and “journeyman” and the pronoun “he,” are used in the Specifications for the sake of brevity, and are intended to refer to persons of either gender.
1-2 TERMS AND DEFINITIONS.
M
odify the following terms and definitions to read as follows:
Agency or City o r Owner - T he legal entity for which the Work is being performed, either the City of Vista, the Vista Community Development Commission, or the Buena Sanitation District.
Board – W here the word Board appears in the Standard Specifications, it shall mean the officer or body constituting the awarding authority of the Agency, either the City Council of the City of Vista, the Commission of the Vista Community Development Commission, or the Board of the Buena Sanitation District.
Special Provisions - M eans the Supplementary General Provisions and Technical Provisions of the Project Specifications.
Standard Plans o r Standard Drawings - M eans the most recent editions of the Standard Drawings of the City of Vista and the San Diego Regional Standard Drawings (SDRSD), unless otherwise noted.
The City of Vista Standard Drawings takes precedence over the San Diego Regional Standard Drawings.
Specifications o
r Standard Specifications - T he Standard Specifications of the Agency are the latest edition of the Standard Specifications for Public Works Construction (“Greenbook”), as written and 01/13/2026
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53 promulgated by Public Works Standards, Inc., together with the most current Cumulative Supplement adopted by the Greenbook Committee of Public Works Standards, Inc. and along with the latest San Diego Regional Supplement to “Greenbook” as approved and adopted by the San Diego Regional Standards Committee.
The Standard Specifications set forth above will control the general provisions, construction materials, and construction methods for this contract, except as amended by the Plans, Special Provisions, or other Contract Documents. The Special Provisions are supplemental to the provisions of the Standard Specifications, unless otherwise noted. Only those sections requiring elaborations, amendments specifying options, additions or deletions are called out.
Working Day - M
odify c) as follows:
The Agency recognizes ten (10) holidays on which no work is to be scheduled, as follows:
HOLIDAY OBSERVED ON
New Year’s Day January 1
Martin Luther Day, Jr. Day 3rd Monday in January
President’s Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day 1st Monday in September
Veteran’s Day November 11
Thanksgiving Day 4th Thursday in November
The day after Thanksgiving Friday after 4th Thursday in November Christmas Day December 25
Add the following new terms and definitions to this subsection:
Acceptance – F
ormal action of the Agency in determining that the Contactor’s Work has been completed in accordance with the Contract, filing a Notice of Completion with the County Recorder, which stipulates that date that the Work was completed, and notifying the Contractor in writing of the acceptability of the Work.
Award of Contract (Award) – Date of – D ate on which the Mayor or designee executes the Contract.
ASTM Designations – T he latest revised Specifications or tentative Specifications of the American Society for Testing and Materials.
Best Management Practices (BMPs) – ( a) A measure implemented to protect water quality and reduce the potential for pollution (associated with storm water runoff); (b) Any program, technology, process, siting criteria, operating method, measure, or device that controls, prevents, removes, or reduce pollution.
CA MUTCD – C alifornia Manual on Uniform Traffic Control Devices.
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54 Disadvantaged Business Enterprise (DBE) - A for-profit “small business concern” that is at least fifty- one percent (51%) owned and controlled by one or more socially and economically disadvantaged individuals certified by the California Department of Transportation (Caltrans).
Inspector – T he engineering or technical personnel authorized to act as agents for the Engineer in the supervision of work covered by these Specifications, limited to the particular duties entrusted to them.
Main or Trunkline Facility - A n Owner owned and maintained principal subsurface conduit that collects sewage or storm drainage, or distributes potable water.
Material and Labor Bond - T he Payment Bond as defined in the Civil Code of California relating to Payment Bond for Public Works.
Notice of Completion (NOC) – A document the Agency will file with the County Recorder, if in the Agency’s judgment, the Work has been completed. NOC stipulates the date that the Engineer accepted the Work. See California Civil Code section 3093.
Portable Emissions Unit - A
ny type of portable equipment which may discharge air contaminants into the atmosphere as stated in the San Diego County Air Pollution Control District Rules and Regulations.
Project - M eans the total construction of all improvements located on the Site identified in the plan drawings and contractual documents.
Project Specifications - C omprised of the No tice Inviting Bids, the Instructions to Bidders, the BID documents, the Contract Documents, the Special Provisions, which include the Supplementary General Provisions and the Technical Provisions, permits issued by jurisdictional regulatory agencies, all appendices, the Standard Specifications, and all reference Specifications.
Punchlist – L
ist of incomplete items of Work and of items of Work that are not in conformance with the Contract.
1-3 ABBREVATIONS.
1-3.2 Common Usage.
A
dd the following abbreviations to this subsection:
AC ........ ........... ............ ............ A sphalt Concrete AT&T .... ........... ............ ............ L ocal and long distance telephone company (formerly SBC and Pacific Bell)
CGP ..... ........... ............ ............ C onstruction General Permit LUP ...... ........... ............ ............ L inear Underground / Overhead Project NCTD ... ........... ............ ............ No rth County Transit District OSHA ... ........... ............ ............ O ccupational Safety and Health Administration (Department of Labor) PCR ..... ........... ............ ............ P oint of curb return 01/13/2026
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55 SWMP . ........... ............ ............ S torm Water Management Plan VID ....... ........... ............ ............ V ista Irrigation District WPCP .. ........... ............ ............ W ater Pollution Control Plan WDID ... ........... ............ ............ W aste Discharge Identification Number
1-3.3 Institutions.
A
dd the following institutions to this subsection:
APWA ... ........... ............ ............ A merican Public Works Association SDRWQCB ....... ............ ............ C alifornia Regional Water Quality Control Board, San Diego Region
1-7 AWARD AND EXECUTION OF CONTRACT.
M
odify this subsection to read as follows:
1-7 AWARD AND EXECUTION OF CONTRACT. A ward and Execution of Contract shall be as provided for in the Project Specifications, Notice Inviting Bids, Instructions to Bidders, or the Specifications.
For projects with a value of $150,000 and less, the City Manager is authorized to award the Contract and the Agency will send a “Notice of Intent to Award” to the Contractor accepting the Bidder’s proposal. Within ten (10) Working Days
of the date of this notification, the Contractor shall submit the completed “Agreement and Bonds” portion of the Contract and the insurance certificates. The City Manager will then execute the Contract for the Agency.
For projects with a value greater than $150,000, the City Council will award the Contract. The Agency will send a “Notice of Intent to Award” to the Contractor. Within ten (10) Working Days of the
date of this notice, the Contractor shall submit the completed “Agreement and Bonds” portion of the Contract and the insurance certificates. After the City Council approves the Contract, the Mayor will execute the Contract for the Agency.
1-7.3 Integration.
A
dd the following new subsection:
1-7.3 Integration. O ral Modifications Ineffective. No oral order, objection, direction, claim or notice by any party or person shall affect or modify any of the terms or obligations contained in the Contract Documents.
1-7.4 Change in Name and Nature of Contactor’s Legal Entity.
A
dd the following new subsection:
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56 1-7.4 Change in Name and Nature of Contactor’s Legal Entity . S hould a change be contemplated in the name or nature of the Contractor’s legal entity, the Contractor shall first notify the Agency in order that proper steps may be taken to have the change reflected on the Contract.
SECTION 2 – SCOPE OF THE WORK
2-1 WORK TO BE DONE.
A
dd the following paragraphs to this subsection:
The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention.
The Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures relating to the Work, and shall coordinate all portions of the Work under the contract, including the relations of the various trades to the progress of the Work, in accordance with these provisions.
The Contractor shall be responsible to the Agency for the acts and omissions of the Contractor’s employees, subcontractors and their agents and employees, and any other persons performing any of the Work under a Contract with the Contractor.
Any plan or method suggested to the Contractor by the Engineer but not specified or required, if adopted or followed in whole or in part, shall be used at the risk and responsibility of the Contractor; and the City and the Engineer will assume no responsibility therefore.
Nothing in these specifications shall be interpreted to make the Contractor an agent of the Agency.
Unless otherwise provided in these specifications, the Contractor shall provide and pay for furnishing all labor, materials, equipment, tools, implements, construction equipment and machinery, methods or processes, water, heat, utilities, transportation, and other facilities, services and incidentals necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Contractor shall leave the construction site in a neat, clean, and orderly condition upon completion of the Work.
2-2 PERMITS.
A
dd the following paragraphs to this subsection:
The issuance of a permit based on Plans, specifications , and other data shall not prevent the Agency from ordering correction of errors in said Plans, specifications, or other data, or from preventing construction operations being carried on hereunder when in violation of any law, code or ordinance.
The Contractor shall submit to the Engineer for review and approval a completed City of Vista Storm Water Management Permit application (see Appendices or contact the Agency for forms and instructions). As part of the permit application, the Contractor must submit a Storm Water Pollution Prevention Plan (SWPPP) (if required) to the Engineer for review and acceptance as required by the 01/13/2026
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57 Regional Water Quality Control Board. The Contractor shall comply with all provisions of the permit throughout the course of the Work. The permit must be approved by the Engineer prior to starting work. The Contractor shall include all costs for obtaining and complying with the requirements of the permit in the various items of work, and no additional compensation will be paid.
Compliance with the provisions of this section shall be considered as included in the various Contract items of work to which such regulations are applicable and no additional compensation shall be allowed therefore. Further, the enforcement of any requirements of the permits required during the performance of the Contract work shall not be made the basis for additional compensation.
If the Contractor is required to obtain permit(s) from
other agency (agencies) to complete the Work
in accordance with the Drawings and Project Specifications, the Agency will compensate the Contractor for the actual cost of the permit fee unless otherwise specified that the Contractor is responsible to pay the fee. The Contractor shall include all other costs associated with obtaining permits in various bid items for which the permit is required, and no additional compensation will be paid.
2-2.1 City of Vista Business License.
A
dd the following new subsection:
2-2.1 City of Vista Business License. A City of Vista Business License is required of the Contractor and all his/her Subcontractors prior to execution of the Contract. A fee will be charged for any new Business Licenses or renewal of any expired Business Licenses.
2-2.2 City of Vista No-Fee Construction Permit.
A
dd the following new subsection:
2-2.2 City of Vista No- Fee Construction Permit. After execution of the Contract and prior to beginning work, the Contractor shall apply for and obtain a no-fee Construction Permit from the Agency.
Prior to applying for the permit, the Contractor shall first submit the following documents to the Engineer with proof that the policies / licenses are current:
1] Contractor’s License
of appropriate classification.
2] City of Vista Business License [see Subsection 2-2.1 (“City of Vista Business License.” )]
3] General Liability Insurance Certificate. The Certificate shall be issued with the Agency listed as the Certificate Holder. The Agency shall also be listed as an additional insured. See the Supplementary General Provisions for additional Certificate requirements and the amounts and types of liability coverage. If any Subcontractor does not have the amount of liability insurance required in the Project Specifications, the General Contractor must produce evidence that the Subcontractor's work is covered by the General Contractor's liability insurance policy.
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58 4] Worker's Compensation Insurance Certificate. The Certificate shall be issued with the Agency listed as the Certificate Holder.
5] Waste Management Permit Application. The Contractor shall be required to recycle at least fifty percent (50%) of the generated waste in accordance with Vista Municipal Code Chapter
13.17. A permit will be issued by the Agency to the Contractor covering the Contractor and all Subcontractors.
2-2.3 City of Vista No-Fee Building Permit.
A
dd the following new subsection:
2-2.3 City of Vista No-Fee Building Permit. After execution of the Contract and prior to beginning work, the Contractor shall apply for and obtain a no-fee Building Permit at the Agency’s Community Development Department, 200 Civic Center Drive, Vista, CA 92084-6275, for any project which includes, but not limited to, the demolition or construction of a building or similar structure, or electrical installations, before commencing any work. The plans for projects requiring a Building Permit are typically reviewed and are pre-approved by the Agency’s Building Department. All inspections related to the Building Permit must be arranged with the Building Department. All work covered by the Building Permit must be inspected and approved by the Building Inspector prior to acceptance by the Agency.
2-3 RIGHT-OF-WAY.
A
dd the following paragraphs to this subsection:
T
he Contractor shall not allow his employees to use private property for any reason or to use water or electricity from such property without written permission from the owner. The Contractor shall provide evidence of such permission in writing to the Engineer before entering upon such lands. In performing any work or doing any activity on lands outside the public rights-of-way, the Contractor shall comply with all applicable Federal, state and local laws, ordinances, codes and regulations. The Contractor shall indemnify and hold the Agency, its officials, officers, employees, and agents free and harmless from all claims or suits for damages occasioned by such work or activity, whether done according to this subsection and with permission from the owner or in violations of this subsection without permission from the owner.
For all projects the Contractor shall be fully responsible for locating and obtaining permission to use construction storage area(s) and stockpile site(s) in addition to staging areas provided by the Agency. Where the Contractor may find it advantageous to use private property, it shall arrange for its use. The Contractor shall assume full responsibility for its rental, preparation, maintenance and cleanup in a manner satisfactory to the Agency and the property owner.
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59 2-4 COOPERATION AND COLLATERAL WORK.
R
eplace the first paragraph in this subsection with the following:
Nothing contained in these documents shall be interpreted as granting to the Contractor exclusive occupancy of the construction site for the Work. Should construction be under way or subsequently begun by other forces or by other contractors within or adjacent to the limits of the Work, or in the vicinity of the Work to be done under this Contract, the Contractor shall so conduct his operations as to interfere to the least possible extent with the Work of such other forces or contractors. If the performance of this Contract is likely to be interfered with by the simultaneous performance of some other forces or contractors, the Engineer will decide which contractor shall continue or whether the Work can proceed simultaneously.
Any difference or conflicts that may arise between the Contractor and such other forces or contractors because of delays or hindrance to each other, shall be adjusted and determined by the Engineer. If the Work of the Contractor is delayed because of any acts or omissions of any other contractor or force, the Contractor shall on that account have no claim for additional compensation or extra cost against the Agency.
Add the following paragraphs to this subsection:
The Contractor shall perform the Work in such a manner as to maintain in operation all existing utilities and other public services. The Contractor shall allow operations and maintenance crews from any utility or other public service agency to access their facilities at any time. Owners of the various utilities, and / or facilities at or near the Project site are as follows:
UTILITY OWNER
Gas and Electric Power Transmission and
Distribution Facilities
San Diego Gas & Electric Company
(SDG&E)
Telephone and Communication Facilities AT&T Corporation Cable Television and / or Communication
Facilities
Cox Communications, Inc. , Times Warner
Cable, Crown Castle and/or Coastal
Sewer City of Vista Public Works and Buena
Sanitation District
Traffic Signals, Street Lights, and Fiber Optic
Communication Facilities C
ity of Vista Public Works
Storm Drains City of Vista Public Works
Well Water Distribution or Irrigation City of Vista Public Works Water Vista Irrigation District (VID)
Water and Sewer
(for Emerald Dr., Olive Ave. and S. Melrose Dr.) City of Oceanside Utilities Department Water and Sewer
(for Palomar Airport Rd., Poinsettia Ave. and Linda Vista Dr.) Vallecitos Water District Bus / Railroad North County Transit District (NCTD)
State Highways California Department of Transportation
(Caltrans), District 11
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60 The following scheduling information is provided for the Contractor’s information, but it does not alter the Contractor’s responsibility.
1] The Contractor shall obtain a City of Vista Building permit prior to commencing any excavation and concrete foundation work Section 2-2 above. The Contractor shall contact The City of Vista Building Department for inspection of the footings.
2-5 THE CONTRACTOR’S EQUIPMENT AND FACILITIES.
2-5.1 General.
R
eplace the second paragraph in this subsection with the following paragraph:
The Contractor shall provide his own sanitary accommodations, including enclosed portable toilets and hand washing stations, for the convenience of the workers on the Project. The accommodations shall be regularly maintained by a company that specializes in providing and maintaining those facilities. The Contractor shall ensure that all workers on the Project, including those of subcontractors, use the Contractor’s accommodations and do not use any public or private facilities while working on the Project.
Add the following paragraphs to this subsection:
The Contractor must furnish adequate equipment to properly perform the Work in a workmanlike manner. Such equipment must be in good state of repair and maintained in such state during the progress of the Work. No worn or obsolete equipment shall be used, and in no case shall the maker’s rating of capacity for any equipment be exceeded. Equipment not suitable to produce the quality or work required for this Project will not be permitted to operate. Such equipment and facilities shall meet all requirements of applicable ordinances and laws.
All construction equipment, stationary or mobile, shall be equipped with properly operated and maintained muffler exhaust systems. Stockpiling in vehicle staging area shall be located as far as practical from occupied dwelling units and shall be subject to approval by the Engineer.
Full compensation for conforming to the requirements of this provision shall be considered as included in the Contract price paid for various items of work and no additional compensation will be allowed therefore.
2-5.2 Temporary Utility Services.
A
dd the following paragraph to this subsection:
The Contractor may contact Vista Irrigation District (VID) to obtain a construction water meter and determine all terms, costs, conditions, and regulations imposed on the Contractor for use thereof.
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61 If VID does not have a construction water meter available, the Contractor shall use a water truck or other water storing equipment for use on the project and obtain water from offsite.
2-6 CHANGES REQUESTED BY THE CONTRACTOR.
A
dd the following paragraph to this subsection:
The Contractor shall give written notice of a proposed Change Order required for compliance with the Contract Documents within seven (7) Working Days of discovery of the facts giving rise to the proposed Change Order.
2-6.1 Cost Reduction Proposal.
A
dd the following new subsection:
2-6.1 Cost Reduction Proposal. T he Contractor may submit to the engineer in writing, proposals for modifying the Plans, Specifications, or other requirements of the Contract for the sole purpose of reducing the total cost of construction.
The cost reduction proposal must not impair, in any manner, the essential functions or characteristics of the Project such as service life, economy of operation, ease of maintenance, desired appearance, or design and safety standards.
The Contractor shall include the following information in the cost reduction proposal:
a) A description of both the existing Contract requirements for performing the work and the proposed changes.
b) An itemization of the Contract requirements that must be changed if the proposal is adopted. c) A detailed estimate of the cost of performing the work under the existing Contract and under the proposed change.
d) A statement of the time within which the engineer must make a decision thereon. e) The Contract items of Work affected by the proposed changes, including any quantity variation attributable thereto.
These provisions of this subsection do not require the Engineer to consider any cost reduction proposal which may be submitted hereunder; nor will the Agency be liable to the Contractor for failure to accept or act upon any cost reduction proposal the Contractor has submitted pursuant to this subsection, nor for any delays to the Work attributable to any such proposal.
If a cost reduction proposal is similar to the information included in the Contract Documents or adopted by the Agency after the advertisement for the Contract, the Engineer will not accept such proposal and reserves the right to make such changes without compensation to the Contractor under the provisions of this subsection.
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62 The Contractor must continue to perform the Work in accordance with the requirements of the Contract until a Change Order, incorporating the cost reduction proposal has been issued. If a Change Order has not been issued by the date upon which the Contractor’s cost reduction proposal specified that a decision thereon should be made, or such other date as the Contractor may subsequently have specified in writing, such cost reduction proposal must be deemed rejected.
The Engineer is the sole judge of the acceptability of a cost reduction proposal and the estimated net savings. In determining the estimated net savings, the Agency has the right to disregard the Contract Bid prices if, in the judgment of the Engineer, such prices do not represent fair measure of the value of the work to be performed or to be deleted.
The Agency reserves the right, where it deems such action appropriate, to require the Contractor to share in the Agency’s costs of investigating the Contractor’s cost reduction proposal as a condition of considering such proposal. Where such a condition is imposed, the Contractor shall indicate his acceptance in writing allowing the Agency to deduct amounts payable to the Contractor for any monies due or that may become due to the Contractor under the Contract.
If the Engineer accepts your cost reduction proposal in whole or in part, the Engineer will issue a Change Order to incorporate the changes in the Plans and Specifications which are necessary to permit the cost reduction proposal, or such part of it as has been acceptable to be put into effect. If the Engineer’s approval is conditional, the Change Order will include any conditions upon which the Engineer’s approval is based.
The Change Order shall also include the estimated net savings in the cost of performing the Work due to the accepted cost reduction proposal and provides that the Contract cost be adjusted by crediting the Agency with fifty percent (50%) of estimated net savings amount.
The Contract time will not be extended by the acceptance of the cost reduction proposal and performance of the Work unless specified otherwise in the Change Order.
The amount specified as payable to the Contractor in the Change Order is full compensation for the cost reduction proposal and the performance of the Work.
The Agency expressly reserves the right to adopt a cost reduction proposal for general use on contracts administered by the Agency when it determines that said proposal is suitable for application to other contracts. When an accepted cost reduction proposal is adopted for general use, only the Contractor who first submitted such proposal will be eligible for compensation subject to this subsection, and in that case, only for contracts awarded prior to submission of the accepted cost reduction proposal.
The cost reduction proposals identical or similar to previously submitted proposals will be eligible for consideration and compensation under the provisions of this subsection, if the identical or similar, previously submitted proposal were not adopted for general application to other contracts administered by the Agency.
Subject to the provisions contained herein, the Agency must have the right to use all or any part of any submitted cost reduction proposal without obligation or compensation of any kind to the Contractor.
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63 The Contractor must bear all costs to revise bonds for the Project to include the cost reduction incentive proposal Work.
2-7 CHANGES INITIATED BY THE AGENCY.
2-7.1 General.
A
dd the following paragraph to this subsection:
Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any change resulting in a decrease or omission of any item or portion of work to be done. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions and provisions of the original Contract.
2-8 EXTRA WORK.
A
dd the following paragraphs to this subsection:
Any Extra Work performed by the Contactor without an approved Contract Change Order from the engineer shall be at the Contractor’s risk and the Contractor shall not be entitled to payment without an approved Change Order. All Extra work shall be adjusted daily upon report sheets furnished by the Contractor, reviewed by the Engineer and signed by both parties. The daily report shall be considered thereafter as the true record of Extra Work done. New and unforeseen work will be classed as Extra Work only when said work is not covered and cannot be paid for under any of the various items or combination of items for which a bid price appears in the Bid Forms.
The Agency reserves the right to direct the Contractor to solicit competitive Bids for Extra work. If required by the Engineer, you must obtain competitive Bids from Subcontractor acceptable to the Contractor and must deliver such Bids to the Engineer who will then determine which Bids will be accepted.
Any request by the Contractor to change the Contract Price to include the price of Extra Work must be by written notice to the Engineer and must include itemized estimates. The Contractor’s itemized estimates must detail all applicable elements of price (e.g. labor and payroll costs, quantities, crew composition, production rates, material costs, Subcontractor and Supplier costs, equipment costs, and supplemental costs).
If the Contractor’s request to change the Contract Price arises from changes in the Schedule affecting all or part of the Project, or if the Contractor seeks a change in the Contract time, the Contractor’s request must include the analysis require by Subsection 6-1 (“CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK.”
).
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64 SECTION 3 – CONTROL OF WORK
3-1 ASSIGNMENT.
A
dd the following paragraph to this subsection:
In accordance with Section 4551 of the Government Code, the Contractor and subcontractors shall conform to the following requirements. In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or arising from purchases of goods, services or materials pursuant to the public works Contract or the subcontract.
This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgment by the parties.
3-5 INSPECTION.
D
elete the second sentence in its entirety. Add the following paragraphs to the end of this subsection:
All work which is defective and has been rejected shall be remedied, or removed and replaced and made good by the Contractor in an acceptable manner. Unsuitable materials may be rejected notwithstanding the fact that such unsuitable materials have been previously overlooked by the engineer and accepted. No additional compensation will be allowed to the Contractor for the removal and replacement of remedial or defective work, or unsuitable materials.
Any work done beyond the lines and grades shown on the Plans or established by the Engineer, or any Extra Work done without written notice by the Engineer, will be considered as unauthorized work and will not be paid for. Upon order of the Engineer unauthorized work shall be remedied, removed or replaced at the Contractor’s expense.
Upon failure of the Contractor to comply promptly with any order of the Engineer made under Subsection 3-5
(“INSPECTION.” ), the Agency may cause rejected or unauthorized work to be remedied, removed or replaced, and to deduct the costs from any monies due or to become due to the Contractor.
The Contractor shall notify the Agency at least twenty-four (24) hours in advance of the time required for the inspection of any Work which will be covered or which will require special inspection procedures.
INSPECTION TYPE PHONE NUMBER
City of Vista Building Inspection 760-639-6106
City of Vista Engineering Inspection 760-639-6113
City of Vista Landscape and Irrigation Inspection 760-643-5467
The Agency will pay for costs of inspection and materials testing, sufficient to verify the quality of the Contractor’s work. Any retesting of failing areas, or costs due to the Contractor’s failure to be ready for inspections requested by the Contractor, shall be paid for by the Contractor.
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65 If the Contractor elects to work under this Contract more than eight (8) hours a day or more than forty (40) hours in a week, Saturday, Sunday or Agency holidays, unless otherwise specified, he shall arrange with the Engineer for the required inspection service and pay the Overtime Inspection Fees w
hich will be charged at the following rates:
NUMBER OF OVERTIME HOURS COST
4 hours or less per day $375.00
4 to 8 hours per day $750.00
When Overtime Inspection is required, the Contractor shall notify the Agency and pay inspection fees twenty-four (24) hours in advance. If the Contractor is directed by the Agency to work under this Contract more than eight (8) hours a day or more than forty (40) hours a week, the Special Inspection fee requirements will be waived.
The Contractor shall notify the Engineer of the completion of the Work and the Engineer will make an inspection of the Work. The Engineer will not make the final inspection until the Work provided for and contemplated by the Contractor has been completed and the final clean up performed. The Contractor may be present at the final inspection. The Contractor will be notified in writing of any defects or deficiencies to be remedied. When notified that corrective work is completed, the Engineer will again inspect the Work and when the Engineer is satisfied that all work has been done in accordance with the Plans and Specifications, the Engineer will recommend that the Work be formally accepted.
3-5.1 Inspection by Other Jurisdictions.
A
dd the following new subsection:
3-5.1 Inspection by Other Jurisdictions. W henever any part of the Work to be performed is under the jurisdiction or control of, or is to be paid for, in whole or in part, by another public agency, entity, or jurisdiction, including but not limited to another city, Vista Irrigation District, North County Transit District, the County of San Diego, the State of California, or the United States Government, such Work, in addition to Agency inspection, shall be subject to inspection and approval by the proper officials of such entities or jurisdictions.
3-6 THE CONTRACTOR’S REPRESENTATIVE.
R
eplace the first two sentences in this subsection with the following:
Before starting the Work, the Contractor shall provide in writing to the Agency a list of the representatives with local area codes and telephone numbers of at least two (2) persons in charge of
or responsible for the Work, who can be reached for emergency work twenty-four (24) hours a day, seven (7) days a week.
Replace the third and fourth sentences in this subsection with the following:
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66 Contractor shall have on the site, at all times, a Superintendent who will be in charge of all aspects of the Contractor’s work. The Superintendent shall be the individual authorized to receive directions from the Engineer of the Project and who will at all times act as the Contractor’s representative. Any order or communication given to the Superintendent shall be deemed delivered to the Contractor.
Contractor shall only replace the Superintendent upon written approval of the Agency. The Agency shall have the right to request that the Contractor appoint a new Superintendent if the Engineer or the Agency determines that such a replacement would be in the best interest of the Project.
Add the following paragraphs to this subsection:
The Contractor shall submit a daily report to the Engineer from the Contractor and all subcontractors, on forms approved by the Engineer. The report shall include a listing of all labor, materials and equipment involved for that working day. Failure to submit the daily report by the close of the next working day shall be just cause for the Agency to dispute progress pay requests. The Contractor shall coordinate daily with the Engineer to reconcile the report, and it shall be signed by both the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by subcontractors or others shall be submitted through the Contractor.
The report shall:
1] Show names of workers, classifications, and hours worked. 2] Show type of equipment, size, identification number, and hours of operation. 3] Describe the work done that working day, and what work was completed. 4] Describe status of any unresolved issues in such detail as the Agency may require.
3-7 CONTRACT DOCUMENTS.
3-7.1 General.
A
dd the following to the second paragraph in this subsection:
As shown on the Plans or described in the Specifications, each element of the Work must be furnished complete, finished and functional. Figured dimensions on drawings shall govern, but work not dimensioned shall be as directed. Work not particularly shown or specified shall be the same as similar parts that are shown or specified. Specifications shall govern as to materials, workmanship and installation procedures. The specification calling for the higher material or workmanship shall prevail.
In the event of any doubt or question arising respecting the true meaning of the specifications, reference shall be made to the representative of the owner of the facility affected by the work, whose decision shall be final.
Replace the last paragraph in this subsection with the following:
If the Contractor, either commencing work or in the course of the work, finds any discrepancy between the Specifications and the Plans, or between either and the physical conditions at the site of the Work, or finds any error or omission in any of the Plans, or in any survey, the Contractor shall promptly notify the Engineer in writing of any discrepancy, error, or omission. No work shall be done in any area of such discrepancy until the Engineer has given approval for same in writing. The Contractor shall forward written Requests for Information (RFIs) to the Engineer in all such matters. 01/13/2026
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67 Only written authorization from the Agency shall be binding over any deviation or changes in the Plans and Project Specifications. If the Contractor observes that any Plans or Specifications are at variance with any applicable law, ordinance, regulation, order or decree, the Contactor shall promptly notify the Engineer in writing of such conflict.
The Engineer on receipt of any such written notice will promptly investigate the circumstances and give appropriate instruction to the Contractor in writing. Until such instructions are given, any work done by the Contractor, either directly or indirectly, after the Contractor’s discovery of such error, discrepancy or conflict, shall be at the Contractor’s own risk, and the Contractor shall bear all costs arising therefrom.
3-7.2 Precedence of the Contract Documents.
A
dd the following paragraphs to this subsection:
With reference to the Drawings, the order of precedence, from highest to lowest, shall be as follows:
a) Figures govern over scale dimensions. In the event of any discrepancy between any drawings and the figures thereon, the figures shall be taken as correct. b) Detail drawings govern over general drawings
c) Large scale details shall take precedence over smaller scale drawings as to shape and details of construction.
d) Work not particularly shown or specified shall be the same as similar work that is shown or specified.
e) Addenda or Change Order drawings govern over Contract Drawings f) Contract Drawings govern over Standard Drawings
g) Contract Drawings govern over Shop Drawings
The specifications contained in the Agency’s Supplementary Special Provisions (General and Technical) take precedence over the specifications contained in the San Diego Regional Supplement to the Greenbook and the Greenbook. The specifications contained in the San Diego Regional Supplement to the Greenbook take precedence over the specifications contained in the Greenbook.
Should it appear that the Work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained on the Contract Documents, or in the event of any doubt or question arising respecting the true meaning of the Specifications, the Contractor shall forward written Requests for Information (RFIs) to the Engineer for such further explanation as may be necessary and the Engineer’s decision shall be final and binding.
3-8 SUBMITTALS.
3-8.1 General.
A
dd the following to the end of the first paragraph in this subsection:
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68 Promptly after the Notice to Proceed has been received by the Contractor, the Contractor shall provide to the Engineer a complete list of names and addresses of all suppliers of materials to be used on the Work.
Modify the second paragraph in this subsection as follows:
The Contractor shall allow a minimum of ten (10) Working Days for review of shop drawings and
submittals. Each set of shop drawings or submittals shall be accompanied by a letter of transmittal and the Contractor’s certification (see description of certification below).
Add the following paragraphs to this subsection:
All submittals shall be submitted prior to the start of the Work unless otherwise approved by the Engineer. No work shall begin until the construction schedule has been approved by the Engineer.
The Contractor shall submit for Agency review and approval shop drawings and submittals for all long lead supplies, materials, and equipment within five (5) Working Days after the Notice to Proceed letter has been issued. The Contractor shall furnish the Engineer with a statement from the vendor(s) that the order(s) for said supplies, materials, and equipment has been received and accepted by said vendor(s) within fifteen (15) Working Days of said Notice to Proceed.
No work shall begin on the respective items of work that require a submittal until the submittals for those items of work have been approved in writing by the Engineer. When submitted for the Engineer’s review, shop drawings shall include the Contractor’s certification that the Contractor has reviewed, checked, and approved the shop drawings as conforming to the requirements of the Contract Documents. The following Contractor’s certification shall appear on all submittals:
“It is hereby certified that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for review.
Certified by: ________________________________________
Printed name: ________________________________________
Title: ________________________________________
Date: ________________________________________
A copy of each shop drawing and each sample as reviewed by the Engineer shall be kept in good order by the Contractor at the site and shall be available to the engineer. A review fee of two hundred dollars ($200.00) will be withheld from the Contractor’s progress payment for every re-submittal after the third time a submittal has been reviewed and rejected.
Submittals shall be mailed, emailed or delivered to the City of Vista Engineering Department listed below. Submittals by facsimile (FAX) are not acceptable.
City of Vista
Engineering Department
200 Civic Center Drive
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69 Vista, CA 92084-6275
Email: [email protected]
Modify the fourth paragraph in this subsection to read as follows:
3-8.3 Shop Drawings.
A
dd the following to this subsection:
The following procedures will apply to shop drawing submittals:
a) The Contractor shall submit to the Engineer for review five (5) copies of all shop drawings.
These drawings shall be complete, certified by the Contractor, and shall contain all required information in detail. The Contractor shall make any corrections to shop drawings required by the Engineer.
b) It is considered reasonable that the Contractor shall make a complete and acceptable submittal to the Engineer by the third submission of a submittal item. (1) If a submittal is returned to the Contractor marked “No exceptions taken,” formal revision and resubmission of said submittal will not be required. (2) If a submittal is returned to the Contractor marked “Make corrections noted,” formal revision and resubmission of said submittal will not be required. (3) If a submittal is returned to the Contractor marked “Amend-Resubmit,” the Contractor shall revise said submittal and shall resubmit the required number of copies of the revised submittal to the Engineer.
(4) If a submittal is returned to the Contractor marked “Rejected-Resubmit,” the Contractor shall revise said submittal and shall resubmit the required number of copies of said revised submittal to the Engineer.
c) When reviewed by the Engineer, each copy of the drawings will be stamped and signed by the Engineer.
d) Two sets of said drawings will be returned to the Contractor. e) The review of the drawings shall not be construed as a complete check, but will indicate only that the general method of construction and detailing is satisfactory. The Contractor shall assume all responsibility for accuracy of data, details, and dimensions shown in the submittals. f) The Contractor agrees that if deviations, discrepancies, or conflicts between shop drawing submittals and the Contract Documents in the form of Plans and Specifications, except as particularly noted within the submittal, are discovered either prior to or after shop drawings submittals are processed by the Engineer, the Plans and Specifications shall control and shall be followed.
g) Revisions indicated on shop drawings shall be considered as changes necessary to meet the requirements of the Contract Plans and Specifications and shall not be taken as the basis of claims for Extra Work. The Contractor shall have no claims for damages or extension of time due to any delay resulting from making required revisions to shop drawings. The review of said drawings by the Engineering will apply to general design only and will in no way relieve the Contractor of responsibility for errors or omissions contained therein nor will such review 01/13/2026
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70 operate to waive or modify any provisions or requirements contained in these Contract Specifications or on the Contract Drawings.
h) The Contractor shall furnish to the Engineer eight (8) copies of instruction and maintenance manuals and parts lists of all major equipment furnished. Data in these manuals shall cover completely all items as specified and as supplied.
i) Shop fabrication drawings and lay sheets are required for all steel pipelines sixteen inches and greater in diameter (16”+ Ø). The drawings and lay sheets shall fully illustrate horizontal station and vertical elevation of all joints and angle points, true angular deflection at locations of combined vertical and horizontal bends, and horizontal station for pipeline appurtenances.
3-8.4 Supporting Information.
A
dd the following items to this subsection:
n) City of Vista Stormwater Management Permit and Storm Water Pollution Prevention Plan (SWPPP), if required, per Subsection 2-2 (“PERMITS. ”). o) Waste Management Plan Permit Application per Subsection 3-12 (“WORK SITE MAINTENANCE.” ).
p) Noise Control Notification per Subsection 3-12.3 (“Noise Control.” ). q) Traffic Control Plans per Subsection 601-2 (“Traffic Control Plan (TCP).” ). r) Night Work Plan per Subsection 5-7.1.3 (“Safety for Night Work.” ).
Add the following paragraphs to this subsection:
Compliance certificates and weigh slips shall be provided for all fill material, aggregate base, asphalt concrete, Portland Cement Concrete, reinforcing steel, etc. The Contractor shall submit mix designs for asphalt concrete and Portland Cement Concrete to the Engineer for approval. All asphalt concrete and Portland Cement Concrete weigh slips (delivery tickets) shall include the mix design and number or the actual weights of aggregate, sand, cement and water in each truckload. In addition, the Contractor must schedule a meeting and meet with the Engineer each working day to confirm the quantities of materials shown on the weigh slips. The Engineer shall approve any admixtures prior to use. The Contractor shall submit to the Engineer a certified mill test report for each heat or size of reinforcing steel.
The Contractor shall submit the names and addresses of all suppliers of mineral construction materials, and the mine from which the materials were obtained, along with a copy of the Office of Mine Reclamation AB 3098 List (per California Assembly Bill 3098) showing that the mining operation is listed, prior to delivering any mineral construction materials to the Project site. This documentation regarding the Office of Mine Reclamation AB 3098 List (per California Assembly Bill 3098) shall be made a part of every submittal required on the Project that includes mineral construction materials.
Failure to identify the supplier and the mine may result in rejection of the submittal.
3-8.7 Record Drawings (“As-Builts”).
A
dd the following new subsection:
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71 3-8.7 Record Drawings (“As-Builts”). It shall be the Contractor's responsibility to keep and maintain, on the job site, a clean, accurate, full-size and legible print set of Project plans that indicate all changes in work, modifications and existing conditions that are different from what is shown on the Plans. The Contractor shall record the location, by stationing to nearest foot, and the depth, by elevation to the nearest tenth of a foot (+/- 0.1’), of all underground utility facilities, including pipes, valves, plugged tees, capped ends, etc. The Contractor shall record, by dimension and / or scale drawings, all wiring, conduits and pull boxes as actually installed. All information necessary to maintain and / or service any concealed work shall be noted on the record drawings. The locations by station of sewer laterals and water services (both perpendicular and skewed) to their mains must be noted on the record drawings. Records shall be kept up to date with all entries checked by the Engineer before the Work is buried or covered up. The Contractor shall make the Record Drawings available for review by the Engineer at any time.
Upon completion of the Work and prior to final acceptance, the complete set of Plans, marked up to show as-built conditions, shall be delivered to the Engineer for review. Full compensation for preparing, maintaining and providing Record Drawings (“As-Builts”) shall be included in the stipulated lump sum price for this item of work. If no item is shown in the bid, then the Contractor shall include all costs in the various items of work.
3-9 SUBSURFACE DATA.
A
dd the following paragraph to this subsection:
T
he Contractor shall investigate the existing geotechnical (soil) conditions prior to submitting a bid, and shall satisfy himself as to the existing geotechnical (soil) conditions, and include all costs to address those conditions in the bid. Upon removal of the existing surface improvements and excavation to subgrade by the Contractor, the Agency will sample existing soils for analysis of the R- value, moisture content, and compaction. Upon determination of the existing geotechnical (soil) conditions and a final street structural section, the Agency will advise the Contractor regarding addition of geogrid or adjustments to the thickness of the aggregate base and the asphalt concrete layers.
Final payment for the approved street structural section will be made pursuant to the unit prices listed in the bid, based on actual quantities of the materials placed, and no additional compensation will be allowed.
3-11.2 Public Notification.
A
dd the following new subsection:
3-11.2 Public Notification. The Contractor shall prepare typewritten Public Notification fliers in English and Spanish per the BID SCHEDULE. Fliers shall notify residents and businesses of the Work and include information describing the Work, how it may affect them and contact information of Agency and Contractor personnel responsible for the work. The Engineer will provide the contact information for the Agency to be included on the flier at the Pre-Construction Meeting. The Contractor shall submit draft 01/13/2026
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72 versions of the flier in English and Spanish to the Engineer for review and approval prior to starting the Work. The Contractor shall to provide advance notifications of the Work to residents and businesses adjacent to or affected by the Work by hand delivering “door knob type” fliers distributed at least five (5) Working Days prior to Work.
These notices shall also be distributed at other times during the Work as required to notify affected people in the area of impending work, including, but not limited to, prior to commencing rehabilitation, resurfacing, or reconstruction work on streets that will affect access to traffic or pedestrians.
Based upon the work schedule, the Contractor shall notify residents and businesses of the work and post temporary “No Parking” signs to all residences and businesses located in the work limits and along any detour routes.
The Contractor shall provide additional notification for night work that creates excessive noise, as described in Subsection 3-12.3
(“Noise Control.” ) of these Specifications.
Full compensation for the Public Notification shall include all necessary labor, equipment, materials, and all other related costs for preparation, copying, and distribution shall be considered as included in the lump sum price Bid for Public Notification.
3-12 WORK SITE MAINTENANCE.
3-12.1 General.
R
eplace the second paragraph in this subsection with the following:
The Contractor and all Subcontractors are required to clean up the site on a daily basis. This cleanup may include, but not be limited to, the Contractor furnishing and operating a self-loading motorized street sweeper equipped with a functional water spray system or by hand (depending on the size of the daily job/cleanup), removal of all construction material that is no longer needed on the job site, daily removal of all construction rubbish/trash away from the job site, proper storage of all construction equipment including traffic control devices that are not in use. The sweeper shall clean all paved areas within the Work site and all paved routes at least once each working day for the purpose of keeping paved areas acceptably clean whenever construction, including restoration, is incomplete. It shall be the Contractor’s responsibility to keep vehicle and pedestrian travel ways broom clean at all times. Failure to comply with these daily cleanup requirements may result in the Agency performing the cleanup work and deducting the cost from the Contractor’s payment(s).
The sweeper shall be certified to conform to the South Coast Air Quality Management District’s (SCAQMD) (California) Rule 1186 requirements, which limit the amount of very fine particles of dust that can become airborne during sweeping operations. For additional information regarding SCAQMD’s Rule 1186, go to Internet URL website link at:
http://www.aqmd.gov/home/rules-compliance/rules/fleet-r ules/sweepers
Upon completion and before making application for acceptance of the Work, the contractor shall clean the construction site and all ground occupied by him in connection with the Work of all rubbish, excess materials, temporary structures, and equipment. All parts of the Work area shall be left in a near and presentable condition.
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73 Care should be taken to prevent spillage on streets over which hauling is done, and any such spillage or debris deposited on streets due to the Contractor's operation shall be immediately cleaned up.
The Contractor shall remove and dispose of all structures, debris, or other obstructions to the construction of the Work as specified. Where such obstructions consist of improvements not required by law to be removed by the owner thereof, all such improvements shall be removed, maintained, and permanently replaced by the Contractor at his expense as required for performance of the Work.
The Contractor shall furnish all water necessary for compaction, cleaning, flushing, dust control, etc.
No separate payment will be made for any work performed or material used to control dust resulting from the Contractor’s performance of the Work, or by public traffic, either inside or outside the right-of-way.
Full compensation for conforming to the requirements of this Subsection 3-12.1 s hall be
considered as included in the various items of work involved and no additional compensation shall be allowed therefor.
Add the following paragraphs to this subsection:
EDCO Waste and Recycling Company has an exclusive franchise agreement with the Agency for waste hauling. If the Contractor requires waste disposal service, that service must be provided by EDCO. The Contractor is to make his own arrangements with EDCO and pay for all waste disposal, which is to be included in his overall Contract bid.
As a result of AB 939, the Agency has established a Construction and Demolition (C&D) Recycling Ordinance (Vista Municipal Code Chapter 13.17) to help divert waste from landfills and to comply with mandates of the California Integrated Waste Management Board (per City of Vista Ordinance No. 2006-19). Many of the materials generated from construction and demolition projects can be recycled or reused. The Agency requires any contractor that generates debris to use a recycling service (EDCO or other Agency-approved recycling company) and fill out a Waste Management Plan (WMP). The Contractor shall cooperate with the Agency’s Inspector and Agency’s Waste Management Compliance Officer in completing the WMP prior to obtaining the required “No Fee” Construction Permit. If you have any questions about the Agency’s Construction and Demolition Recycling Ordinance or how to get a copy of this form, please contact the City of Vista at (760) 639-6108.
The Contractor shall provide copies of all receipts from EDCO and include all demolition costs in his construction bid.
Full compensation for furnishing all labor, materials, equipment and incidentals for clean-up and dust control as specified, including weekends and other non-working days at the Agency’s request, shall be considered as included in related items of work and no additional compensation will be allowed therefore.
3-12.2 Air Pollution Control.
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74 Add the following paragraph to this subsection:
All cold milling equipment, sandblast pots over one-hundred pounds (100 lbs.), portable engines over fifty horsepower (50 HP), and auxiliary engines on construction equipment which are not used to drive equipment require permits from the San Diego County Air Pollution Control District (SDAPCD).
The Contractor must obtain and maintain all required permits, and follow all permit requirements.
3-12.3 Noise Control.
A
dd the following paragraphs to this subsection:
The Contractor shall comply with local ordinances regulating noise level (see Vista Municipal Code Chapter 8.32).
All construction activities (including, but not limited to, the use of tools, machinery or equipment used in connection with construction operations), regardless of hours of operation, shall be kept below an average hourly sound level of seventy-five (75) dBA Leq measured at fifty feet (50’) from the noise source. A noise level limit of ninety-five (95) dB at a distance of fifty feet (50’) shall apply to all construction equipment on or related to the job whether owned by the Contractor or not. Examples include but are not limited to: equipment startups, equipment staging in or near the project, truck deliveries to the project, construction traffic loud talking, etc.
This ordinance applies to all grading operations and all public improvement construction on private or public property.
The Contractor shall not perform high-noise producing work (e.g. jack-hammering, saw-cutting, sand blasting, cold milling, compacting, etc.) between the hours of 10:00PM and 7:00AM, unless the C
ontractor is directed to perform work at night as part of a unique project, to avoid excessive impacts to traffic, businesses, or schools. The Contractor shall provide written notification to all residential properties within five hundred feet (500’) of the work zone at least seventy-two (72) hours in advance of performing: 1) work during these hours; 2) high-noise producing during working hours. The proposed notification form and list of properties shall be submitted to the Engineer for approval.
Stationary construction equipment shall be placed such that emitted noises are directed away from sensitive noise receivers such as residential uses. The Contractor shall make every effort to create the greatest distance between noise sources and receptors during construction operations.
The Contractor shall use only such equipment on the Work and in such state or repair, that the emission of sound therefrom is within the noise tolerance level of that equipment, as established by accepted standards of the industry. Should the Agency determine that the muffling device on any equipment used on the Work is ineffective or defective so that the noise tolerance of such equipment, as established by accepted standards of the industry, is exceeded, such equipment shall not, after such determination by the Agency, be used on the Work until its muffling device is repaired or replaced so as to bring the noise tolerance level of such equipment within such standards.
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75 3-12.4 Storage of Equipment and Materials.
3-12.4.1 General.
A
dd the following paragraphs to this subsection:
For the Solar Streetlight Project, the Contractor may use available spaces at the Public Works Satellite Yard on 2430 Lupine Hills Drive, as a staging area, at his own risk. The Contractor shall deliver all salvaged materials owned by the City of Vista or Buena Sanitation District, except for traffic signs, to this yard. Salvaged traffic signs shall be delivered to the Agency’s Public Works Yard at 1165 E. Taylor Street. The Contractor shall first coordinate with the Wastewater Supervisor at City of Vista Public Works, obtain written permission from the Public Works Department, and obtain a key and lock from them, before using the yard for any purpose. The Contractor shall return the site to its pre-existing condition after using any area for staying or storing materials or equipment.
The Contractor shall obtain and maintain, at his own cos t, a construction staging area outside of
the right of way or outside the boundaries of the Agency’s property, unless a staging area is specifically shown on the Plans or described in the specifications. Any posted signs for or related to the staging area must be of professional quality and approved by the Engineer prior to placement. The staging area must be established, maintained and removed in a manner acceptable to the Engineer and the owner of the land where the staging area is situated. The Contractor shall be solely responsible for the security and liability of the staging area. The staging area maybe fenced, lighted and locked. Guard dogs are not allowed at the construction staging area. Such staging areas shall meet all requirements of applicable standards, codes, ordinances and laws, and shall be established at least five (5) Working Days prior to commencement of work.
When any product, material or equipment is to be stored outside the highway or street right-of-way or Agency property, the Contractor shall first obtain written permission from the property owner on whose property the storage is to be made. The Contractor shall file with the Engineer an original permission letter, together with a written release from the property owner absolving the Agency or its employees from any and all responsibility in connection with storage of materials, products or equipment on said property.
3-12.4.2 Storage in Public Streets.
A
dd the following paragraphs to this subsection:
No equipment or materials may be stored on public street rights-of-way unless pre-approved by the City of Vista Traffic Engineering Division.
3-12.4.3 Storage on Private Property.
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dd the following new subsection:
3-12.4.3 Storage on Private Property. T he Contractor and all Subcontractors shall minimize the effects of construction operations upon private properties adjacent to the Work. 01/13/2026
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76 Prior to storing equipment or material on private property, the Contractor shall provide copies of all letters of permission or written agreements executed by affected property owners for the purpose of granting trespass rights to enter upon, stockpile or store Contractor's supplies and equipment to the Engineer. The Contractor shall, as a penalty to the Agency, forfeit one hundred dollars ($100) per day as a fine for each parcel as determined by the Engineer for failure to provide copies of such documentation to the Engineer prior to storing equipment or material on private property. Said fine or fines will be deducted from the Contractor’s subsequent monthly progress payment. The Contractor is solely responsible to initiate contact and negotiate agreement with property owners if the Contractor should desire to use private property for storage or other purposes.
Materials or equipment placed on private property without owner's consent or in breach of owner/contractor Contract shall constitute ground for immediate issuance of a stop work notice to the Contractor. The Contractor shall then be required to suspend all operations until affected property is cleaned up and restored to original condition. Additional Contract days will not be granted due to stop work action against Contractor.
A
dd the following new subsection:
3-12.5.1.1 Wastewater Flow Diversion Plan. F or any project that involves the public sewer system, the Contractor shall submit to the Engineer for approval, a wastewater flow diversion plan at least fifteen (15) Working Days prior to implementation of flow diversion in compliance with the State regulations for No Spills. The diversion plan shall indicate the sequence of diversion operations, and all other operations the Contractor will establish to maintain wastewater service during the construction period. The diversion plan shall include an emergency response plan indicating the procedures, equipment, and activities that will be implemented in the event of an emergency shutdown or failure of the flow diversion equipment used. The Contractor shall be responsible for implementation of the emergency plan in accordance with Subsection 3-12.5.3 (“Spill Prevention and
Emergency Response Plan.” ) and these Special Provisions.
The Contractor’s Wastewater Flow Diversion Plan shall be reviewed and approved by the Agency’s Sanitation Engineering Division before flow can be diverted. No deviation from the approved Wastewater Flow Diversion Plan will be allowed without prior approval from the Engineer.
The Contractor shall observe and comply with all Federal, State, and local laws, ordinances, codes, orders, and regulations that in any manner affect the conduct of the Work, specifically as it relates to sewage spills. The Contractor shall be fully responsible for preventing sewage spill(s), containing any sewage spill(s), recovery and legal disposal of any spilled sewage, any fines, penalties, claims and liability arising from negligently causing a sewage spill(s), and any violation of any law, ordinance, code, order, or regulation as a result of the spill(s).
The Contractor shall exercise care not to damage existing public and private improvements, interrupt existing services and/or facility operations which may cause a sewage spill(s). Any reasonably anticipated utility and/or improvement that are damaged by the Contractor shall be immediately repaired at the expense of the Contractor.
The Contractor shall exercise care not to damage any sensitive habitats or historic resources. 01/13/2026
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77 The Contractor shall provide all facilities, labor, power, and appurtenances necessary to divert wastewater flows as necessary to allow proper installation of the pipelines, manholes, linings, pumps, valves, or appurtenances.
The Contractor shall submit as part of their Flow Diversion Plan their monitoring procedure and frequency and shall continuously monitor the flow levels downstream and upstream of the flow diversion to detect any possible failure that may cause a sewage backup and spill(s). The Contractor shall maintain a log of the monitoring and provide daily copies to the Engineer in a manner acceptable to the Engineer.
Unless otherwise provided for in the BID SCHEDULE,
full compensation for the Wastewater Flow
Diversion Plan , its implementation including but not limited to labor, facilities, equipment, power, appurtenances and incidentals, shall be included in the unit bid price for various items of work and no additional compensation shall be made.
3-12.5.3 Spill Prevention and Emergency Response Plan.
A
dd the following paragraphs to this subsection:
F
or any Project that involves the public sewer system, the Contractor shall develop and submit to the Engineer prior to the start of construction, for review and approval, a written Spill Prevention and Emergency Response Plan in accordance with Subsection 3-8 (“SUBMITTALS” ). The Contractor shall comply with the State regulations for No Spills and is responsible for preventing and containing any s
ewage spillage. The Spill Prevention and Emergency Response Plan shall be developed to respond to any construction related sewage spill(s). This plan shall include but is not limited to:
1] Identifying all nearby environmentally-sensitive areas such as waterways, channels, catch basins and entrances to existing storm drains.
2] Furnishing all necessary materials, supplies, tools, equipment, labor, and other services for spill containment and cleanup.
3] Making arrangements for an emergency response unit, stationed at or near the job site, comprised of emergency response equipment and trained personnel to be immediately dispatched in the event of a sewage spill(s). This could also include field biologists and/or archaeologists, if in an environmentally-sensitive area such as a canyon.
4] Developing an emergency notification procedure, this includes an emergency response team roster with telephone numbers and arrangements for backup personnel and equipment, and an emergency notification roster of the designated Agency representatives. The emergency response unit shall be able to dispatch to the site twenty-four (24) hours a day seven (7) days a week including weekends and holidays. The Contractor shall designate primary and secondary representatives, their respective landline phone and cell phone numbers. These Contractor’s representatives shall be accessible and available at all times to respond immediately to any sewer spill event.
5] Identifying any property owners who may be affected. 01/13/2026
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78 In case of a sewage spill(s), the Contractor shall act immediately without instructions from the Agency, to control the spill and take all appropriate steps to contain it in accordance with the Spill Prevention and Emergency Response Plan and this subsection. The Contractor shall immediately notify the Agency of the spill, describe all actions taken and shall report the Project name, location, a
nd name of the Contractor. The Contractor shall, within three (3) Working Days from the occurrence of the spill, submit to the Engineer a written report describing the following information related to the spill:
1] The location (using Thomas Guide Map pages and grids) of the spill.
2] The nature and estimated volume of the spill.
3] The date and time of the spill.
4] The duration of the spill.
5] The cause of the spill.
6] The type of remedial and/or clean up measures taken (including erosion control measures) and the date and time of implementation.
7] The corrective and/or preventive actions taken to avoid the possibility of a recurrence.
8] The equipment used in spill response.
9] The environmentally-sensitive habitat such as a water body, if any, impacted.
10] The results of any necessary monitoring.
11] A list of who from the Agency was notified, and date / time of notification.
12] The date and time Contractor was notified of the spill.
13] The date and time Contractor arrived on site.
The Contractor shall exercise care not to damage existing public and private improvements, interrupt existing services and/or facility operations that may cause a sewage spill. Any utility and/or improvement damaged by the Contractor shall be immediately repaired at the Contractor’s expense.
If the construction operations damage an existing utility or damage or interrupt an existing service that causes a sewer spill, the Contractor shall immediately notify the Agency representatives. The Contractor shall take all measures necessary to prevent further damage or service interruption to an impacted utility or service. The Contractor is responsible for any resulting sewage spill(s) from the Contractor’s work.
The Engineer may institute further corrective actions, as deemed necessary, to fully comply with existing laws, ordinances, codes, order or other pertinent regulations. The Contractor shall be responsible for all costs incurred for the corrective actions including mitigation measures (habitat 01/13/2026
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79 restoration, etc.) and obtaining after-the-fact permits if necessary, in environmentally sensitive areas.
These permits may include, but are not limited to, those from the Agency’s Engineering Department or Community Development Department, California Coastal Commission, U. S. Army Corps of Engineers and the California Department of Fish and Game.
It shall be the Contractor’s responsibility to assure that all field forces, including subcontractors, know and obey all safety and emergency procedures, including the Spill Response Plan applicable to the Work, to be maintained and followed at the job site. If in an environmentally sensitive area, such as canyon, stream, or lagoon, impacts must be minimized. Crews must be aware at the start of the job of any sensitive environmental habitats, breeding season restrictions, etc.
The Contractor shall take extreme care to prevent spills when working on sewer lines such as when making temporary connection and when connecting new lines into the sewer system. The Contractor shall not trap debris and/or discharge rock or debris downstream.
If a sewer bypass is called for in the Plans and/or Specifications or is needed to construct the Project, the Contractor is responsible for continuously monitoring the flow levels downstream and upstream of the construction location. This will allow the Contractor to make the earliest possible determination of a system failure that may result in a sewage backup and spill. The Contractor shall include the means and methods of monitoring the flow in the Spill Prevention and Emergency Response Plan.
The Contractor is responsible for the recovery and legal disposal of any spilled sewage and liability arising from causing a sewage spillage and shall defend, indemnify, protect, and hold harmless the Agency, its agents, officers, and employees, from and against all claims asserted, or liability established for damages or injuries to any person or property resulting from any sewage spill caused or claimed to be caused by the Contractor’s action or failure to take measures to prevent a spill. The Contractor shall also be responsible for payment of any fines and/or penalties assessed against the Agency for such sewage spills. The Contractor’s duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the Agency, its agents, officers or employees.
The Contractor shall obtain and maintain an additional insurance coverage for Pollution Liability with its limits and requirements as set forth in Subsection 5-4 (“INSURANCE. ”). The limits and
requirements for pollution liability shall be in an amount sufficient to cover potential losses from sudden and accidental pollution. Unless otherwise provided for in the BID PROPOSAL , all costs
associated with the requirements for “Sewage Spill Response Plan,” including additional insurance, shall be included in the prices for other related bid items. At the request of the Engineer, the Contractor may be required to submit a cost breakdown for the items required to comply with the “Spill Prevention and Emergency Response Plan.”
3-12.6 Water Pollution Control.
3-12.6.1 General.
A
dd the following to this subsection:
T
he Contractor shall adhere to, the requirements of the San Diego Regional Water Quality Control Board (RWQCB). All work shall be performed in accordance with ORDER NO. R9-2013-0001, AS 01/13/2026
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80 AMENDED BY ORDER NOS. R9-2015-0001 AND R9-2015-0100 NPDES NO. CAS0109266 - NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT AND WASTE DISCHARGE
REQUIREMENTS FOR DISCHARGES FROM THE MUNICIPAL SEPARATE STORM SEWER SYSTEMS (MS4s) DRAINING THE WATERSHEDS WITHIN THE SAN DIEGO REGION, which can be found on the Internet at:
http://www.waterboards.ca.gov/rwqcb9/water_issues/pro
grams/stormwater/index.shtml
The Contractor shall adhere to, and shall perform in accordance with the requirements of Vista Municipal Code Chapter 13.18 – Storm Water Management and Discharge Control Program.
As part of the application for City of Vista Storm Water Management Permit, the Contractor shall submit an erosion control plan showing all pollution prevention, erosion and sediment control, and site management practices, to the City Engineer for review and approval, and shall implement and maintain all appropriate measures to prevent polluted discharges from entering storm water conveyance facilities (e.g. channels, storm drains, and water bodies). The Storm Water Management Permit application and erosion control plan must be prepared and submitted by the Contractor and approved by the City Engineer before any land disturbance activities can take place on the construction site.
For projects not subject to the Construction General Permit, before commencement, and until final acceptance of the Work by the City, the Contractor shall provide all measures necessary to avoid erosion and adverse drainage conditions, in conformance with the current Order and the City of Vista Grading Ordinance.
3-12.6.1.1 Compliance.
A
dd the following new subsection:
3-12.6.1.1 Compliance. T he Contractor shall make every effort to comply with the provisions of this subsection. However, should the Contractor violate any of the provisions of this subsection, or if pollution occurs in the work area for any reason, the Contractor shall immediately notify the City Engineer. If an unmitigated non-storm water discharge leaves the construction site, the Contractor shall immediately stop all the activity causing the discharge and mitigate the discharge and immediately notify the City Engineer or call the Storm Water Hotline at 760-643-2804. In addition the Contractor shall, with seven (7) calendar days, submit written confirmation to the City Engineer describing the incident and corrective actions taken. If pollution, for whatever reason, is detected by the City Engineer before notification by the Contractor, the required written confirmation shall also include any explanation of why the Contractor had not notified the City Engineer.
As soon as practical, any and all waste material, sediment, debris or other pollution from any discharge shall be removed from the work area and/or the drainage system by the Contractor. Any remedial actions will be the sole responsibility of the Contractor.
The Agency may make any further corrective actions, as deemed necessary, for abatement of water pollution if the Contractor has violated any of the provisions of this subsection. The Contractor shall be responsible for all costs incurred for the corrective actions. Failure to comply with the 01/13/2026
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81 requirements of this subsection may result in the suspension of Work per Subsections 6-6 and 6-4.3 (
“SUSPENSION OF THE WORK.” and “Payment for Delays.” ). The City’s Municipal Code (Vista Municipal Code) Section 13.18 allows for administrative, misdemeanor penalties, infractions, and civil actions for non-compliance and enforcement actions that include stop work orders. Failure may also result in significant fines and possible imprisonment. A prosecuting authority may assess fines of up to $37,500 per calendar day for each violation. The Contractor shall also reimburse the Agency for any fines assessed against and paid by the Agency and that are the result of the Contractor’s failure to comply with these specifications.
Compliance with the requirements of this subsection shall in no way relieve the Contractor from its responsibility to comply with other provisions of the Contract, in particular its responsibility for repair of damage and for preservation of property.
3-12.6.2 Best Management Practices (BMPs).
A
dd the following to this subsection:
Prior to commencement of any land disturbance activities, the Contractor shall educate all employees, subcontractors, and suppliers about storm water pollution prevention and mitigation measures needed during various construction activities to prevent the impacts originating from construction discharges. The Contractor shall ensure that all personnel are periodically trained in storm water and urban runoff management. A list of attendees and copies of the educational materials shall be kept on file at the site and submitted to the City Engineer at the conclusion of each training session, upon request.
The Contractor shall designate a qualified person who is trained and competent in the use of Best Management Practices (BMPs) and who shall be on the site daily to evaluate the conditions of the site with respect to storm water pollution prevention. This person shall ensure the implementation of the conditions of the City of Vista Storm Water Management Permit, erosion control plan, Contract Documents, and other State and local regulations and ordinances with respect to the control of erosion, sediment and other forms of water pollution, as well as other waste management regulations.
The Contractor shall implement pollution control measures and BMPs to prevent the impounding of runoff, nuisance water, sediment movement, and debris movement from the construction site onto adjacent properties or from adjacent properties onto the construction site. If the City Engineer determines that the Contractor’s measures are not adequate, the Contractor shall provide whatever additional measures are required to gain compliance.
The Contractor shall protect with BMPs, such as gravel bags and filter fabric, all new and existing storm water conveyance system structures and other facilities from sedimentation or other related construction debris and discharges, or by any other equal product that is acceptable to the City Engineer. The Contractor shall schedule and conduct land disturbance operations, such as demolition, clearing, and grading, to minimize or avoid rain fall induced erosion and sediment discharges and prevent tracking at the construction site during ingress and egress. Water pollution control activities shall also consist of implementing good housekeeping BMPs to reduce the discharge of pollutants from construction sites. Such features as drainage gutters, slope protection bla nkets, and retention
basins, if applicable to the site as described in the erosion control plan, shall be constructed prior to 01/13/2026
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82 start of work. The Contractor shall prevent any discharge of concrete rinse water or other pollutant into a storm water conveyance facility by using physical barriers.
The Contractor shall maximize the preservation of existing native and non-native vegetation and minimize soil disturbance within the limits of Work.
The Contractor shall show on the erosion control plan all water pollution, erosion control, and sediment control BMPs for the Work including the locations for concrete washout, vehicle maintenance, staging, dispensing of fuel, and storage areas. Further, the Contractor shall show all pollutant control measures or BMPs to be used to confine construction waste in designated areas, including construction entrance stabilization and wheel-wash measures to reduce the tracking or deposition of sediment onto public and private roads.
During the dry season (May 1 through September 30 each year), the Contractor shall inspect at least monthly all pollutant control measures or BMPs installed to mitigate construction activities during the dry season. During the rainy season (October 1 through April 30 each year), the Contractor shall inspect at least weekly all pollutant control measures, inspect before and after every rain event and every twenty-four (24) hours during any prolonged rain event.
The Contractor shall implement the following water pollution control measures:
(a) Minimum Water Quality Protection Requirements:
(1) Eroded sediments and other pollutants must be retained on site and may not be transported from the Work site via sheet flow, swales, area drains, natural drainage, tracking by vehicles or equipment, or wind. Erosion from slopes and channels shall be controlled by implementing an effective combination of BMPs, such as the limiting of grading scheduled during the rainy season; planting and maintenance of vegetation on slopes; and cover to prevent or minimize erosion of susceptible slopes. (2) Stockpiles of earth and other work-related materials must be protected from being transported from the site by wind or water.
(3) Fuels, oils, solvents, and other toxic and non-toxic substances shall be stored in accordance with the manufacturers’ instructions. All storage containers shall be protected from the weather. Fuels, oils, solvents, and other toxic substances originating from the Contractor’s operations shall not be allowed to contaminate the soil, storm water or surface waters or enter the ground water or be placed where they will enter a live stream, channel, drain, or other water conveyance facility.
(4) The Contractor may not wash excess or waste concrete onto the ground or into the public rights of way or any drainage system. Provisions shall be made to retain concrete wastes onsite with containment until it can be appropriately disposed of or recycled. (5) Trash and construction-related solid wastes must be deposited into a covered receptacle to prevent contamination of rainwater and dispersal by wind. (6) Vehicle and equipment traffic shall not track sediments and other materials from the construction site. The Contractor must stabilize the entrance roadways to the construction site to inhibit sediments from being deposited into the public rights of ways. Accidental depositions must be swept up immediately and may not be washed down by rain or by any other means. All loose soil and debris shall be removed from street areas upon starting operations and periodically thereafter as directed by the City Engineer. 01/13/2026
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83 (7) Non-storm water, wash water and runoff from equipment and vehicle washing and any other activity shall be contained at the construction site. (8) The Contractor shall protect all new and existing storm drain system structures from sedimentation, or other construction related debris and discharges with gravel bags and filter fabric or by any other equal product or measure acceptable to the City Engineer.
Accumulated debris shall be cleaned up and properly disposed of by the Contractor to prevent the materials from entering or being carried into storm water conveyances. (9) When making sawcuts in pavement, use as little water as possible and perform during dry weather. Cover each storm drain inlet completely with filter fabric or plastic during the sawing operation and contain the slurry by placing straw bales, sandbags, or gravel dams around the inlets. After the liquid drains or evaporates, shovel or vacuum the slurry residue from the pavement or gutter and remove from site. Alternatively, a small onsite vacuum may be used to pick up the slurry as this will prohibit slurry from reaching storm drain inlets.
(11) After the completion of the Work, the construction site shall be cleared of trash and debris and restored to a condition equal to or better than that existing before construction by completing all approved landscaping and permanent or post-construction sediment controls.
(b) Erosion Control Plan
Whenever it appears that the construction site will have grading during the rainy season, or as requested by the City Engineer, the Contractor shall be prepared to execute a rain event action plan based on implementation of BMPs as specified in the Project’s Erosion Control Plan.
3-12.6.5 Payment.
R
eplace the paragraphs in this subsection with the following:
All costs for the work required to comply with the requirements of this subsection shall be included in the bid item for Storm Water Pollution Prevention and Erosion Control as shown on the BID SCHEDULE. If no bid item is provided, the cost of the work required to comply with this subsection shall be considered as included in the prices bid for the various items of work.
3-13 COMPLETION, ACCEPTANCE, AND WARRANTY.
3-13.3 Warranty.
R
eplace the first paragraph in this subsection with the following:
The Work shall be warranted by the Contractor against defective materials and workmanship for a period of one (1) year, or longer as specified below:
a) The warranty period for installed fiber optic cable shall be two (2) years. b) The warranty period for the Work under Section 500 must be at least three (3) years. 01/13/2026
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84 c) The warranty period for LED signal modules requires at least three (3) years of manufacturer’s warranty.
d) The warranty period for LED luminaires requires at least ten (10) years of manufacturer’s warranty. Provide documentation verifying that the LED luminaire model(s) being offered for the Project are covered by the ten-year warranty.
The warranty period shall begin when the Work is accepted as complete by the Agency after the Notice of Completion has been recorded at the County Recorder’s Office.
Replace the last paragraph in this subsection with the following:
If at any time during the warranty period, or during the extended warranty period specified, the Engineer finds the Work, or any part of the Work, to be defective or not in conformance with the plans and specifications, whether or not manufactured, fabricated, installed, completed or overlooked and accepted by the Engineer, the Contractor must, in accordance with the Engineer’s written instructions and within the specified time limits, either correct the defective or non-conforming Work, or, if it has been rejected by the Engineer, remove it from the Site and replace it with non-defective and conforming Work.
The Engineer may determine in its sole discretion to accept defective work in lieu of requiring the Contractor to correct or remove and replace the defective work. However, the Contractor must bear all direct and indirect costs of the defective work, and the diminished value to the Project, as determined by the Engineer. If the Engineer’s acceptance of defective work occurs prior to Final Payment, the Engineer will issue a Change Order incorporating the necessary revisions in the Contract Documents with respect to the defective work and affording the Agency the appropriate decrease in the Contract Price.
If the Contractor fails to correct, remove, or replace defective work or non-conforming work within five (5) Working Days from the date of written notice from the Engineer, the Engineer may proceed expeditiously with any correction undertaken in accordance with this section. The Agency may remedy after five (5) Working Days from the date of written notice when the Contractor fails to correct the Work in accordance with the Contract Documents, or when he fails to comply with any other provision of the Contract Documents. If, in the opinion of the Agency, the non-conforming work or defective work creates a dangerous condition or requires immediate attention or correction to prevent further loss to the Agency or any other party, or to prevent interruption of operation of any Agency service or any service of any other party, The Agency will attempt to give notice required by this paragraph. If the contractor cannot be contacted or does not comply with the Agency’s request for correction within a reasonable time determined by the Agency, then the Agency or other party may proceed to provide attention or make required corrections, and the cost of all correction or attention shall be charged to and paid for by the Contractor. The Agency may remedy immediately in the event of an emergency.
When undertaking remedial action under this section, the City may: exclude the Contractor from all or part of the Site; take possession of all or part of the Work, and suspend the Contractor’s Work and or Services; and incorporate into the Project all materials and equipment stored at the Site or for which the City has paid but the Contractor has stored elsewhere.
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85 The City will not allow an extension of the Contract Time or milestones because of any delay in the performance of the Project attributable to the City’s undertaking remedial action to correct Defective Work.
For Building Projects which require a certificate of occupancy, not including sewer and water facilities, if the Contractor fails to correct the defective work listed on the Agency’s “Punchlist” within forty-five (45) Working days after the Contract Time, he must reimburse the Agency for all costs to provide inspection services required to monitor Work beyond the forty-five (45) days. The Agency will bill the Contractor for the additional inspection at the Agency’s established rates.
If the Contractor completes the Project or portions of the Project prior to the Notice of completion (NOC), he must preserve equipment by developing and implementing a preventive maintenance program in compliance with manufacturer's recommendations.
The Contractor must repair or replace the traffic signal and lighting system equipment within seventy-two (72) hours after notification of defects by the Engineer.
The Contractor must pay for any claims, costs, losses, and damages incurred by the Agency in remedying any deficiency (e.g., all costs of repair or replacement of Defective Work and all costs of repair of any other Work on the Project destroyed or damaged by correction, removal, or replacement of your Defective Work).
Add the following paragraphs to this subsection:
Replacement of earthfill or backfill, where it has settled below the required finish surfaces, shall be considered part of repairs of defective work, and any repair of surfacing constructed by the Contractor, which becomes necessary because of settlement or ground movement, shall be likewise considered part of such repair work.
Any existing improvements which are damaged by the Contractor’s operations, or any new work, including concrete, which is cracked, chipped, discolored, improperly finished, heaved, vandalized, or for any other reason does not conform to the specifications, shall be replaced by the Contractor at no additional cost to the Agency.
The parties agree that no certificate given, with the exception of the certificate of final payment, shall be conclusive evidence of the faithful performance of the Contract, either in whole or in part, and that no payment shall be construed to be in acceptance of any defective work or improper materials.
Further, the certificate of final payment shall not terminate the Contractor’s obligations under his warranty herein above. The Contractor agrees that payment of the amount due under the Contract and the adjustments and payments due for any work done in accordance with any alterations of the same, shall release the Agency, the Agency’s Council and its officials, officers and employees from any and all claims or liability on account of work performed under the Contract or any alteration thereof.
No materials, supplies, or equipment for the Work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale contract or other agreement or supplier. The Contractor warrants clear and good title to all materials, supplies, and equipment installed and incorporated in the Work and agrees upon completion of all work to deliver the premises, together with all improvements and appurtenances constructed or placed thereon by the Contractor, and further agrees that neither the 01/13/2026
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86 Contractor nor any person, firm or corporation furnishing any material or labor for any work covered by the Contract shall have any right to a lien upon the premises or any improvement or appurtenance thereon, provided that this shall not preclude the Contractor from installing metering devices or other equipment of utility companies the title of which is commonly retained by the utility company. Nothing contained in this article, however, shall defeat or impair the right of such persons furnishing materials or labor under any bond given by the Contractor for their protection, or any right under any law permitting such persons to look to funds due the Contractor, which are in the hands of the Agency. The provisions of this article shall be inserted in all subcontracts and material contracts, and notices of its provisions shall be given to all persons furnishing materials for the Work when no formal contract is entered into for such materials.
With respect to all warranties, express or implied, from Subcontractors, manufacturers, or suppliers for Work performed and materials furnished under this Contract, the Contractor shall:
a) Obtain for Agency all warranties that would be given in normal commercial practice; b) Require all warranties to be executed, in writing, for the benefit of the Agency or other parties; and
c) Enforce all warranties for the benefit of the Agency or other parties, unless otherwise authorized in writing by the Agency.
This subsection shall not limit the Agency’s rights under this Contract or with respect to latent defects, gross mistakes, or fraud. The Agency specifically reserves all rights related to defective work, including but not limited to the defect claims pursuant to California Code of Civil Procedure Section 337.15.
3-14 SITE EXAMINATION.
A
dd the following new subsection:
3-14 SITE EXAMINATION. T he Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work, and the general and location conditions, such as, but not limited to, all other matters which could in any way affect the Work or the costs thereof. The failure of the Contractor to acquaint itself with all available information regarding any applicable existing or future conditions shall not relieve it from the responsibility for properly estimating the difficulties, responsibilities, or costs of successfully performing the Work according to the Contract Documents.
3-15 FLOW AND ACCEPTANCE OF WATER.
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dd the following new subsection:
3-15 FLOW AND ACCEPTANCE OF WATER. S torm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising there from.
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87 3-16 NOTICE OF THIRD PARTY CLAIMS.
A
dd the following new subsection:
3-16 NOTICE OF THIRD PARTY CLAIMS. P ursuant to Public Contract Code Section 9201, the Agency will provide Contractor with timely notification of the receipt of any third-party claim relating to the Contract. Contractor shall attempt to verify and resolve claims promptly.
3-17 SEPARATE CONTRACTS.
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dd the following new subsection:
3-17 SEPARATE CONTRACTS. T he Agency reserves the right to let other contracts in connection with this Work or on the Project site. Contractor shall permit other contractors reasonable access and storage of their materials and execution of their work and shall properly connect and coordinate its Work with theirs.
To ensure proper execution of its subsequent Work, Contractor shall immediately inspect work already in place and shall at once report to the Engineer any problems with the work in place or discrepancies with the Contract Documents.
Contractor shall ascertain to its own satisfaction the scope of the Project and nature of any other contracts that have been or may be awarded by the Agency in prosecution of the Project to the end that Contractor may perform this Contract in the light of such other contracts, if any. Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy at site of the Project.
Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on the Project. If simultaneous execution of any Contract for the Project is likely to cause interference with performance of some other contract or contracts, the Engineer will decide which Contractor shall cease Work temporarily and which contractor shall continue or whether work can be coordinated so that contractors may proceed simultaneously. The Agency shall not be responsible for any damages suffered or for extra costs incurred by Contractor resulting directly or indirectly from award, performance, or attempted performance of any other contract or contracts on the Project site.
SECTION 4 – CONTROL OF MATERIALS
4-1 GENERAL.
R
eplace this subsection with the following:
4-1 GENERAL. I t is the intent of the Agency in drafting the Contract Documents to accept only first class work, materials, parts, equipment and workmanship. All materials, parts and equipment furnished by Contractor for the Work shall be new, high grade, free from defects, of specified kind and fully equal to samples when such samples are required. Used or secondhand materials, parts and equipment may be used only if permitted by the Specifications. When the quality or kind of material or articles required under the Contract are not particularly specified, the Contractor shall provide those representing the best of their class or kind. Quality of work shall be in strict accordance with generally 01/13/2026
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88 accepted standards. Materials, parts and equipment shall be furnished in such quantities, kinds and at such times as to ensure uninterrupted progress of the Work.
The quality of material, parts, equipment and work shall be subject to approval by the Engineer.
The Engineer shall have access to the Work at all times during construction, and shall be furnished with every reasonable facility for securing full knowledge with regard to the progress, workmanship and character of the materials, parts and equipment used or employed in the Work. Materials and workmanship of a quality not conforming to the requirements of the Specifications shall be considered defective, and shall be subject to rejection. Defective work or material, whether in place or not, shall be remedied or removed and replaced by the Contractor, at its expense, and defective materials shall be removed from the Work site immediately, at the Contractor’s expense, when so directed by the Engineer.
Any work done beyond the lines shown on the Plans or established by the Engineer, or any Extra Work done without written authority, will be considered unauthorized and will not be paid for by Agency.
Upon Contractor’s failure to comply promptly with any order of the Engineer made under the provisions of this Section, the Engineer shall have authority to cause such defective or unauthorized work to be remedied or removed and replaced, and to deduct the costs thereof from any monies due or to become due the Contractor. If the Work is found to be in compliance with these Specifications, the Engineer will furnish the Contractor with a certificate to that effect.
No rejected materials, the defects of which have been subsequently corrected, shall be used until approval in writing has been given by the Engineer. Upon failure of the Contractor to comply with any order of the Engineer made under the provisions of this subsection, the Engineer shall have the authority to remove and replace defective materials and to deduct the cost of removal and replacement from any monies due or to become due the Contractor.
If, during the prosecution of the work, the Contractor fails to immediately correct the defective or non-conforming work upon notice, or fails to correct the defective or non-conforming work in a manner conforming to the Contract Documents, the Engineer may order the Contractor to stop all or part of the Project. The Agency’s right to stop the Project does not give rise to any duty on the Agency’s part to stop Work for the Contractor’s benefit or the benefit of any other party. The Contractor shall bear all direct and indirect costs and damages that result from the Agency’s stop work notice.
When removing asbestos products, the Contractor shall comply with the requirements of Title 8, CCR, General Industry Safety Orders and Construction Safety Orders.
4-1.1 Agency-furnished Materials.
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dd the following new subsection:
4-1.1 Agency-furnished Materials. T he Agency may provide certain items (e.g. traffic signal poles, mast arms, meter pedestals, street lights, etc.) for use by the Contractor for this Project at no cost to the Contractor as described in the Special Provisions. The Contractor shall inspect the materials / equipment prior to submitting a bid and shall satisfy himself of the suitability of the materials / equipment for use on the Project, and include all costs in the bid. The Contractor shall provide all 01/13/2026
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89 hardware and any other materials, equipment and appurtenances necessary to use the Agency- furnished items in the Work.
Upon written request from the Contractor at least twenty-four (24) hours in advance, any materials / equipment furnished by the Agency for the Project shall be available to the Contractor to take delivery of the items during regular Public Works Department Working Hours at the Agency’s Public Works Yard at 1165 E. Taylor Street or the Agency’s Storage Yard at 2430 Lupine Hills Drive as designated by the Agency. The Contractor shall inspect the materials / equipment at time of pick-up and shall satisfy himself of the suitability and quantity of the materials / equipment for use on the Project. The Contractor shall provide loading at the Agency’s designated location, handling, transportation and delivery of the items to the Project site. The cost of handling and placing all materials / equipment after they are made available to the Contractor shall be considered as included in the Contract prices for items in connection with which they are used. No markup shall be applied to any material provided by the Agency.
The Contractor shall assume full responsibility for all Agency-furnished materials and/or equipment made available to him as soon as loading commences. Deductions will be made from any monies due to the Contractor to make good any shortages and deficiencies, from any cause whatsoever, which may occur after said materials and/or equipment have been furnished to the Contractor.
4-3 INSPECTION.
4-3.1 General.
M
odify the first paragraph to read as follows:
4-3.1 General. Unless otherwise specified in these Specifications, inspection may be required at the source for such typical materials and fabricated items including, but not limited to, bituminous paving mixtures, structural concrete, precast concrete, street lighting poles, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, plastic liner, fiberglass tanks, plastic liner pipe, and similar shop or plant operations.
Modify the third sentence of the second paragraph to read as follows:
Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source.
4-4 TESTING.
A
dd the following paragraphs to this subsection:
Geotechnical (soil) testing of fill materials, subgrade, subbase, and base will be conducted by the Agency and the Geotechnical Engineer. Geotechnical (soil) tests may include relative compaction tests, sand equivalents tests, sieve analysis, R-values, etc. The results shall be presented directly by the laboratory to the Engineer. No base, concrete or pavement shall be placed before the subgrade, subbase, base and fill have been compacted, tested and approved. The cost of any initial geotechnical 01/13/2026
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90 (soil) test shall be borne by the Agency. Additional geotechnical (soil) tests necessitated by a failure of one (1) or more of the initial tests shall be made by the laboratory at the expense of the Contractor.
The Contractor shall make allowances in his construction procedure to permit testing of the Work in progress by the Engineer and no additional compensation shall be paid to the Contractor for delays due to testing.
Testing of any cast-in-place structure or concrete surface improvement will be conducted by the Agency. Concrete tests may include slump tests, air content, and compressive strength. Any results shall be presented directly by the laboratory to the Engineer. The cost of any initial concrete test shall be borne by the Agency. Additional concrete tests necessitated by a failure of one (1) or more of the initial tests shall be made by the laboratory at the expense of the Contractor. The Contractor shall make allowances in his construction procedure to permit testing of the Work in progress by the Engineer and no additional compensation shall be paid to the Contractor for delays due to testing.
The Contractor shall maintain and secure all material samples on the Project site, available to the Engineer for inspection and evaluation during normal working hours.
All packaged, manufactured products / materials for use on the Work shall be delivered to the Project site in their original unopened containers, bearing thereon the manufacturer’s name and the brand name of the product.
Wherever any product / material is selected to be used on the Work, all such products or materials shall be of the same brand and manufacturer throughout the Work.
All products / materials shall be stored in such a manner that they will be completely protected from weather damage.
The Contractor shall pay for all failing tests that the Contractor or the Agency’s representative request in conformance with the referenced specifications or as enumerated in the supplementary provisions.
4-6 TRADE NAMES:
A
dd the following paragraphs to this subsection:
In accordance with the provisions of Section 3400 of the California Public Contract Code, the Contractor shall be provided a period of not less than seven (7) Working Days after award of the Contract for submission of data substantiating a request for a substitution of an "equal" item. Data submitted after this time period may be rejected by the Agency.
The Contractor shall substantiate his offer for use of substitute materials, processes, or equipment, which he considers to be equivalent to that indicated, by submitting three (3) copies of a package of description, information, and performance data, showing the equality of the offered item, and such other necessary or related information as may be required by the Engineer (including, but not limited to, complete calculations, technical specifications, samples, or published documents relating to the performance and physical characteristics of the proposed substitute). The burden of proof as to the comparative quality and suitability of alternative material, process, or equipment shall 01/13/2026
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91 be the Contractor’s responsibility. Independent testing or evaluation at qualified test facilities, including destructive testing, may be required as a condition of acceptance. Life cycle costs of the substitute items must be equivalent to those of the items indicated. The Engineer may require the Contractor to furnish a special performance warranty or other surety with respect to any proposed substitute. The Engineer shall be the sole judge as to the comparative quality and suitability of the substitute items, and the Engineer’s decision shall be final.
The Contractor’s offer of the substitute items shall contain the following statements and/or information that shall be considered by the Engineer in evaluating the proposed substitution:
1. A statement that the evaluation, and acceptance or rejection of the proposed substitute, will not prejudice the Contractor’s completion of the Project in the specified time.
2. A statement as to whether or not acceptance of the proposed substitute will require a change in the Contract Documents.
3. A list identifying all variations of the proposed substitute from that specified.
4. A description of available maintenance, repair, and replacement service.
5. An itemized estimate of all costs or credits that will result directly or indirectly from acceptance of the proposed substitute, including redesign and claims from others.
4-9 REMOVAL OF INTERFERING OBSTRUCTIONS.
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dd the following new subsection:
4-9 REMOVAL OF INTERFERING OBSTRUCTIONS. The Contractor shall remove and dispose of all debris, abandoned structures, tree roots and obstructions of any character met during the process of excavation, it being understood that the cost of said removals are made a part of the unit price bid by the Contractor under other various items of work.
4-10 PROCEDURE IN CASE OF DAMAGE TO PUBLIC PROPERTY.
A
dd the following new subsection:
4-10 PROCEDURE IN CASE OF DAMAGE TO PUBLIC PROPERTY. Any portions of curb, gutter, sidewalk or any other City improvement not identified for removal but damaged by the Contractor during the course of construction shall be replaced by the Contractor at the Contractor’s own cost, at no additional charge to the Agency. The cost of additional replacement of curb, gutter or sidewalk in excess of the estimated quantities shown in the BID SCHEDULE and Specifications and found necessary during the process of construction (but not due to damage resulting from carelessness on the part of the Contractor during construction operations), shall be paid to the Contractor at the unit prices submitted in the Bid.
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92 SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITIES
5-3 LABOR.
5-3.1 General.
A
dd the following paragraphs to this subsection:
No contractor or subcontractor of any tier may be awarded a Contract for public work on a public works project or work on a public works project without proof of registration with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
Registrations under Section 1725.5 expire annually at the end of June, and Contractor is responsible for verifying the renewal status of each subcontractor, of any tier, working on this Contract, and providing City with an updated list of all subcontractors and their registration status.
Subcontractors who do not timely renew their registration must be removed from the job site until they are registered. The removal of a subcontractor for failure to be registered shall not be cause for any extension of time or additional compensation of any nature under the Contract.
In accordance with the requirements of Section 1771.1(j) of the Labor Code, the Agency will observe and enforce any Stop Order issued by the Labor Commissioner where a contractor or subcontractor engages in the performance of any public work Contract without having been registered in violation of the requirements of Section 1725.5 or this section, and will not allow the unregistered contractor or the unregistered subcontractor to work on any public works until the unregistered contractor or unregistered subcontractor is registered.
In accordance with the provisions of Section 1771.4(a)(1) of the California Labor Code, this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
In accordance with the provisions of Section 1771.4(a)(2) of the California Labor Code, the prime contractor shall post job site notices, as prescribed by regulation.
5-3.2 Prevailing Wages.
R
eplace this subsection with the following paragraphs:
Pursuant to the Vista City Charter and the Vista Municipa l Code, payment of prevailing wages and compliance with the California Labor Code Sections 1770 et seq IS required for this Project.
State prevailing rates of wages and classifications, as applicable to this contract, are ascertained a
nd adopted by the State of California, Director of Industrial Relations (DIR) pursuant to California Labor Code Article 2 of Chapter 1 of Part 7 of Division 2, as amended, which is made a part herein, and the provisions of Section 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Certified payroll on an approved compliance format is required for all work under this Contract.
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93 Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the Work is to be done have been determined by the Director of the California Department of Industrial Relations (DIR). These wages are set forth in the General Prevailing Wage Rates for this Project, available at the California Department of Industrial Relations’ (DIR) Internet URL website link at:
http://www.dir.ca.gov/DLSR/PWD
When the Contractor intends to use a craft or classification not shown in the wage provisions, it will be required to pay the wage rate of that craft or classification most closely related to that craft or classification as shown on the wage provisions. In case of disagreement between the Contractor and the Agency, the Engineer shall decide the prevailing wages for the labor.
The Contractor shall comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law.
The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the Contract by Contractor or by any subcontractor.
5-3.2.1 Apprentices.
A
dd the following new subsection:
5-3.2.1 Apprentices. Attention is directed to the provisions of Section 1777.5 and 1777.6 of the labor Code concerning the employment of apprentices by the Contractor or any Subcontractor under him/her. The Contractor and any Subcontractor under him/her shall comply with the requirements of said sections in the employment of apprentices.
The Agency will provide notice to the Department of Industrial Relations of any public works Contract using the online PWC-100 form. The online PWC-100 form is also transmitted to the Department of Apprenticeship Standards (DAS) to inform them of the award of a contract. The Contractor and each subcontractor shall also submit a “Public Works Contract Award Information” form (DAS form 140) to inform all applicable apprenticeship committees of the award of a contract.
The Contractor and each subcontractor shall provide written evidence to the Agency that the request for dispatch of apprentices to the training agencies has been completed using the DAS 142 form.
Contributions to a training fund, or the California Apprenticeship Council, for every worker on the job, are required.
The Contractor and all subcontractors shall submit to the Agency copies of the “Public Works Contract Award Information” forms (DAS form 140) and all requests for dispatch of apprentices on the DAS 142 form. These DAS forms are available from the California Department of Industrial Relations’ (DIR) Division of Apprenticeship Standards website link at:
http://www.dir.ca.gov/DAS/das.html
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94 The Contractor is not required to use apprentices on projects under thirty thousand Dollars ($30,000).
5-3.3 Payroll Records.
A
dd the following paragraph to this subsection:
In accordance with the requirements of the California Prevailing Wage Laws, Contractor and each Subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time, and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the work. The payroll records shall be certified and submitted to the DIR electronically in accordance with the California Prevailing Wage Laws. Contractor shall be subject to, and fully comply with, all California Prevailing Wage Laws, including, but not limited to, those pertaining to the maintenance and inspection of certified payroll records. Copies of the record of wages paid shall be certified by the Contractor and submitted to the DIR with each progress payment request. In the event of noncompliance with the requirements of this section for payroll records, and upon the request of the DIR, contractor penalties shall be withheld from Contract payments.
5-4 INSURANCE.
5-4.1 General.
D
elete this subsection in its entirety and replace with the following:
The Contractor shall procure and maintain for the duration of the Contract, [and for X years thereafter,] insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.
Without limiting the Contractor's indemnification, it is agreed that the Contractor shall maintain in force at all times the following policy, or policies, of insurance covering its operations:
(a) Commercial General Liability (CGL) -- Insurance Work Office Form CG 00 01 covering CGL on an “occurrence” basis, including products, completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit.
(b) Automobile Liability
-- Insurance Work Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage. Any and all mobile equipment, including cranes, which are not covered under Automobile Liability, shall have said coverage provided for under Comprehensive General Liability policy.
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95 (c) Contractors Pollution Legal Liability (for projects involving the public sewer system), appropriate to cover such activities as cleanup, removal, storage, or otherwise handling of hazardous or toxic chemicals, materials, substances, or any other pollutants; in an amount sufficient to cover potential losses from an incident, with limits no less than $1,000,000 p er occurrence or claim, and $2,000,000 policy aggregate.
(d) Transporters Pollution Liability (for projects involving the public sewer system), to cover transportation of hazardous or toxic chemicals, materials, substances or any other pollutants, the Contractor shall provide an amount sufficient to cover potential losses from an incident, but not less than $1,000,000 p er occurrence or claim, and $2,000,000 policy aggregate.
(d) Builder’s Risk (C ourse of Construction) (for projects that include buildings), utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the Project and no coinsurance penalty provisions.
(e) Professional Liability
(for design/build projects) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. For projects involving storm water pollution prevention which require the Contractor to hire a QSD or QSP), the QSD and QSP shall carry in an amount not less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the contractor shall cause the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
Certificates of insurance and a complete copy of the insurance policies evidencing the coverages required by the clauses set forth above shall be filed with the Agency prior to the effective date of this Agreement. This is a condition precedent to the formation of any obligation by the Agency to compensate the Contractor under this Agreement.
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, and vo lunteers are to be covered as additional insureds
on the CGL policy with respect to liability arising out of with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used), unless otherwise approved in advance by City.
2. For any claims related to this Project, the Contractor’s insurance coverage shall be primary i
nsurance as respects the City, its officers, officials, employees, and volunteers. Any insurance 01/13/2026
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96 or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City.
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear. If the
Project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such Projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site.
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the Contract or the beginning of Contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of Contract work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the Contract effective date, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of Contract work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise approved by the City.
Contractor hereby agrees to waive rights of subrogati
on which any insurer of Contractor may
acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.
Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this Contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
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97 Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.
Contractor agrees to assist in every manner possible in the reporting and investigation of any accident and, upon request, to cooperate with all interested insurance carriers in the handling of any claim by securing and giving evidence and obtaining the attendance of witnesses as required for the resolution of any claim or lawsuit.
Nothing contained in these insurance requirements is to be construed as limiting the type, quality or quantity of insurance that the Contractor should maintain, or the extent of the Contractor's responsibility or liability for payment of damages resulting for the Contractor's operations under the contract. The carrying of the insurance specified herein shall not be construed to be a limitation of liability on the part of the Contractor or as a matter of law.
5.4.2 General Liability Insurance
D
elete this subsection in its entirety
5.4.4 Auto Liability Insurance
D
elete this subsection in its entirety
5-4.5 Failure to Procure Insurance.
A
dd the following new subsection:
5-4.5 Failure to Procure Insurance. Contractor’s failure to procure or maintain required insurance program shall constitute a material breach of Contract under which the Agency may immediately terminate the Contract or, at its discretion, procure or renew such insurance to protect the Agency’s interests and pay any and all premiums in connection herewith, and recover all monies so paid from Contractor, or deduct all monies so paid from payments due Contractor.
5-6 PATENT FEES OR ROYALTIES.
D
elete the subsection in its entirety and replace with the following:
The Contractor shall absorb in its Bid all costs arising from the use of patented materials, equipment, devices, or processes used in or incorporated in the Work and agrees to indemnify and hold harmless the Agency and its duly authorized representatives, from all suits of law, or actions of every nature for or on account of the use of any patented materials, equipment, devices or processes.
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98 5-7 SAFETY.
5-7.1 Work Site Safety.
5-7.2 Safety Orders.
5-7.2.1 General.
A
dd the following paragraphs to this subsection:
In accordance with generally accepted construction practices, the Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the Work, and the Contractor shall fully comply with all OSHA, State and Federal laws, rules, regulations and orders relating to safety of the public and workers.
Whenever, in the opinion of the Engineer, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property which may be damaged by the Contractor’s operations, and when in the opinion of the Engineer, immediate action shall be considered necessary in order to protect the public or property adjacent to the Contractor’s operations under this contract, the Engineer will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation, the Engineer may provide suitable protection to said interests by causing such work to be done and material to be furnished as may be necessary.
The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary, shall be borne by the Contractor. All expenses by the Agency for emergency repairs will be deducted from the progress payments and the final payments due to the Contractor. However, if the Agency does not take such remedial measures, the Contractor is not relieved of the full responsibility for public safety.
The acceptance by the Agency of a copy of the State of California Department of Industrial Relations Division of Occupational Safety & Health (CalOSHA) permit to perform excavation or trench work shall in no way be construed to impose tort liability on the Agency or any of its officers or employees by reason of any damage to person, including death or property damage resulting from or arising out of the use of such plan, and the Contractor shall be fully responsible for any such damage and shall indemnify and hold harmless the Agency, its officers and employees from any loss or liability resulting from the use of such plan.
5-7.8 Steel Plate Covers.
5-7.8.1 General.
A
dd the following paragraphs to this subsection:
The surface of all structural steel plate covers used by the Contractor to bridge any excavation in the public right-of-way shall have a non-skid coating (“Skid Guard” or equal) with a minimum coefficient of friction = 0.35 per California Test Method 342 for all traffic steel plate covers within the traveled roadway of streets and alleys, and a minimum coefficient of friction of 0.50 per ASTM C 1028 for those 01/13/2026
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When required by the Engineer, the Contractor shall certify in writing to the Agency that the steel plate covers to be used in the Work meet the required static coefficient of friction. Also, when required by the Engineer, the Contractor shall have the steel plate covers to be used in the Work tested in accordance with the above standards for the verification of the required static coefficient of friction.
Testing shall be done by an independent laboratory approved by the Engineer. The Contractor shall pay for any costs associated with the testing of the steel plate covers.
5-8 RESPONSIBILITY FOR DAMAGE.
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dd the following new subsection:
5-8 RESPONSIBILITY FOR DAMAGE. I n addition to the provisions of Subsection 5-4 (“INSURANCE o
f the Standard Specifications as between the Agency and the Contractor, the Contractor shall take and assume all responsibility for the Work as stated herein and/or shown on the Plans.
The Contractor shall bear all losses and damages directly or indirectly resulting to him, to the Agency, the Engineer, their officers, employees, and agents, or to others on account of the performance or character of the work, unforeseen difficulties, accidents or any other causes whatsoever.
The Contractor shall assume the defense of and indemnify and save harmless the Agency, the Engineer, their officers, employees, and agents respectively from all claims, loss, damage, injury and liability of every kind, nature, and description, directly or indirectly arising from the performance of the Contract or work, regardless of responsibility for negligence; and from any and all claims, loss, damage, injury, and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, regardless of responsibility for negligence.
The Agency does not, and shall not; waive any rights against the Contractor which it may have be reason of the aforesaid hold harmless agreements, because of the acceptance by the Agency or deposit with the Agency by Contractor, of any insurance policies required herein or as described in Subsection 5-4.
The aforesaid hold harmless agreement by Contractor shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered by reason of any of the aforesaid operations of Contractor, or any Subcontractor, regardless of whether or not such insurance policies are determined to be applicable to any of such damages or claims for damages.
No act by the Agency, Engineer or their representatives in processing or accepting any plans, in releasing any bond, in inspecting or accepting any work, or of any other nature, shall in any respect relieve the Contractor or anyone else, from any legal responsibility, obligation or liability he might otherwise have.
5-9 INDEMNIFICATION.
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dd the following new subsection:
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5-9 INDEMNIFICATION. Contractor shall defend (with counsel of Agency’s choosing), indemnify and hold the Agency, its officials, officers, agents, employees, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, to the extent arising out of or incident to any acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Work or this Contract, including claims made by Subcontractors for nonpayment, including without limitation the payment of all consequential damages and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, with counsel of Agency’s choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against Agency, its officials, officers, agents, employees and representatives. To the extent of its liability, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against Agency, its officials, officers, employees, agents, employees and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse Agency, its officials, officers, agents, employees and representatives for any and all costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code Section 2782.
5-10 EMERGENCY PHONE NUMBERS.
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dd the following new subsection:
5-10 EMERGENCY PHONE NUMBERS. The Contractor shall provide the Engineer an emergency contact name and telephone number prior to the start of the Work that may be used to contact the Contractor in the event of an emergency for the duration of the Contract. Contractor shall also keep a list of emergency telephone numbers on the job site. In the case that more than ten (10) employees are on the job site at any time, said list shall be posted on a bulletin board, to be supplied and installed on the job site by the Contractor in a location visible and accessible to all employees.
The following emergency telephone numbers are listed for the convenience of the Contractor to assist in complying with these requirements:
AGENCY PHONE NUMBER
City of Vista Fire Department (North County Dispatch) 858-756-3006 City of Vista Fire Department (Emergency) 911
San Diego County Sheriff’s Office (Emergency) 911
Tri-City Medical Center, 4002 Vista Way, Oceanside, CA 92056 911 San Diego Gas and Electric (Gas Emergency) 800-611-7343 San Diego Gas and Electric (Electrical Emergency) 800-411-7343
5-11 DOCUMENT RETENTION & EXAMINATION.
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dd the following new subsection:
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5-11 DOCUMENT RETENTION & EXAMINATION. In accordance with Government Code Section 8546.7, records of both the Agency and the Contractor shall be subject to examination and audit by the State Auditor General for a period of three (3) years after final payment. Contractor shall make available to the Agency any of the Contractor’s other documents related to the Project immediately upon request of the Agency.
In addition to the State Auditor rights above, the Agency shall have the right to examine and audit all books, estimates, records, contracts, documents, bid documents, subcontracts, and other data of the Contractor (including computations and projections) related to negotiating, pricing, or performing the modification in order to evaluate the accuracy and completeness of the cost or pricing data at no additional cost to the Agency, for a period of four (4) years after final payment.
5-12 STATE LICENSE BOARD NOTICE.
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dd the following new subsection:
5-12 STATE LICENSE BOARD NOTICE. Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.
5-13 PROJECT SPECIFIC REQUIREMENTS.
5-13.1 General.
Add the following new subsection:
SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.
6-1.1 Construction Schedule.
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elete this subsection in its entirety and replace with the following:
6-1.1 Construction Schedule. W ithin ten (10) Working Days after execution of the Contract or at the Pre-Construction Meeting, and prior to the commencement of work, the Contractor shall submit its proposed construction schedule to the Engineer using a scheduling program (e.g. Microsoft Project, Oracle’s Primavera or other approved equal program capable of producing the required information).
The construction schedule shall be in the form of a tabulation, bar or Gantt chart, or graph satisfactory to the Engineer, and in sufficient detail to show chronological relationship of all activities on the Project. Said activities include, but are not limited to, estimated start and finish dates of all tasks that 01/13/2026
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make up each bid item, submittal of shop drawings to the Engineer for approval, procurement of materials, and scheduling of equipment. Along with the construction schedule, the Contractor shall submit a cash-flow projection showing the anticipated amount of each monthly payment that will become due the Contractor in accordance with the construction schedule.
The Contractor shall schedule and stage the Work on all streets to cause the least possible inconvenience to vehicular traffic (including busses and trash vehicles), bicyclists, pedestrians, adjacent businesses, local residences and schools.
T
he Contract time listed in the Specifications is the Agency’s best estimate of how long it will take to complete the Work. The construction schedule shall reflect all Contract requirements, shall recognize the requirements of Subsection 402-5 (“DELAYS DUE TO UTILITY CONFLICTS.”) , and shall reflect completion of all work under the contract, including Punchlist items, in the specified time and in accordance with the Project Specifications and Plans. No schedule shall call for completion of the Project before or after the Contract completion date. The Project owns the float time and is not for the exclusive benefit of any Party. As such, liability for delay of the project completion date rests with the party actually causing the delay to the project completion date. By way of the Contractor assigning activity durations and proposing the sequence of the work, the Contractor hereby agrees to utilize sufficient and necessary management and other resources to perform the work in accordance with the construction schedule.
A Notice to Proceed shall be issued after the Pre-Construction Meeting, provided the Storm Water Pollution Prevention Plan (SWPPP) and the Construction Staging / Traffic Control Plan have been submitted by the Contractor and accepted by the Engineer, and all other appropriate Contract requirements are fulfilled. The Work shall start within ten (10) Working Days thereafter, and shall be diligently prosecuted to completion within the time provided in the Project Specifications.
For projects of forty-five (45) Working Days or more, the Contractor shall submit to the Engineer an updated construction schedule each month, showing the actual progress of the Work, as part of the Partial Payment request. Monthly progress payments are conditioned upon the Engineer receiving from the Contractor the monthly schedule update. Schedule updates must accurately reflect the “as- built” schedule. All changes to the schedule shall be highlighted or otherwise identified. Approved Change Orders shall also be incorporated in the updated schedule. It is highly recommended that a narrative be included with each update. The narrative should include a description of any logic changes made to the Project, a commentary as to gains and losses to critical and near critical activities, and a quantification of the gains and losses to the critical path. Failure to provide an updated construction schedule may result in withholding Contract payments until one is submitted.
If the Contractor desires to make a major change in the method of operations after commencing construction, or if the schedule fails to reflect the actual progress of the Work for any reason, the Contractor shall submit to the Engineer a revised construction schedule in advance of beginning revised operations. In the event that an action either by the Agency or the Contractor results in a delay to the schedule, it is beneficial if the parameters pertaining to that action are recorded as they happen.
6-1.3 Pre-Construction Meeting.
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Add the following new subsection:
6-1.3 Pre-Construction Meeting. A Pre-Construction Meeting shall be scheduled after the award and prior to construction. The Contractor (Principal and Project Superintendent) and any subcontractor for five percent (5%) or more of the work shall attend and be prepared to provide or discuss the following information:
a) Construction schedule
b) Subcontractors
c) City of Vista Stormwater Permit and Storm Water Pollution Prevention Plan (SWPPP), if required d) Traffic Control Plans
e) Survey requirements
f) Materials and delivery schedule
g) Local phone numbers for supervisory personnel
h) List of Emergency phone numbers (see Subsection 7-17 of these Specifications) i) Required permits
j) Coordination with other agencies
The Construction Schedule to be provided shall be as described in Subsection 6-1.1 (“Construction
Schedule.” ) of these Supplementary General Provisions.
6-2 PROSECUTION OF THE WORK.
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dd the following paragraph after the first paragraph in this subsection:
Contractor shall, at contractor’s sole cost and expense, be solely and completely responsible for all matters affecting the prosecution, progress and completion of the work (both on and off the job site), and for observing all laws and providing for public convenience and safety, safety of workers (including its workers and those of its subcontractors, suppliers and others contributing to the work) and others, protection of property and rights of others, including location, maintenance and replacement of utilities whether shown on the plans or not, prior notification to utility owners, drainage from storm runoff, and all easements right-of-way and encroachment permits. Nothing in the Agreement, the specifications, or other Contract Documents or AGENCY’s or VID’s approval of the plans and specifications, or inspection of the work is intended to include a review, inspection, acknowledgement of or responsibility for any such matters and AGENCY or VID, AGENCY’s engineer or VID’s engineer, and their consultants, and each of their directors, officers, employees and agents, shall have absolutely no responsibility or liability therefore.
6-3 TIME OF COMPLETION.
6-3.1 General.
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eplace this subsection with the following:
6-3.1 General. T he Contractor shall complete all portions of the Work, including Punchlist items, in accordance with the terms and conditions of the Contract Documents, within the number of days stated in the Notice Inviting Bids from the date of the Notice to Proceed. Construction on the Project shall begin within ten (10) Working Days of the Notice to Proceed and progress in good faith towards 01/13/2026
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completion without unnecessary delay. The Contractor must work diligently to complete all Punchlist items within twenty (20) Working Days after the Engineer provides the Punchlist.
6-3.3 Working Days / Hours.
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dd the following new subsection:
6-3.3 Working Days / Hours . U nless otherwise specified, the Contractor’s activities shall be confined to normal working hours between 7:00AM and 5:00PM, Monday through Friday. Lane closures will be confined to the hours between 8:30AM and 3:30PM, Monday through Friday.
No
work shall be done on Saturdays, Sundays, or holidays without authorization by the Engineer.
Deviation from these non-Working Days will not be permitted without the prior consent of the Engineer except in emergencies involving immediate hazard to persons or property.
Deviation from these working days and hours will not be permitted without the prior consent of the Engineer except in emergencies involving immediate hazard to persons or property. In the event of either a requested or emergency deviation during non-Working Days / Hours, overtime inspection fees will be charged against the Contractor. The overtime inspection fees will be calculated at overtime rates and will be deducted from any amounts due the Contractor.
6-4 DELAYS AND EXTENSIONS OF TIME.
6-4.2 Extensions of Time.
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dd the following paragraph to this subsection:
Delays to the project caused by labor disputes or strikes involving trades not directly related to the project, or involving trades not affecting the project as a whole shall not warrant an extension of time.
Daily charges for time extensions or delays from other causes shall be limited to negotiated amounts, or if no amounts are agreed upon, shall not exceed those charges documented to Agency’s satisfaction for additional labor and material costs associated with the delay, and an amount not exceeding 10% thereof for overhead and profit.
6-4.4 Written Notice and Report.
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eplace the paragraph in this subsection with the following:
6-4.4 Written Notice and Report. I f the Contractor desires payment for a delay as specified in Subsection 6-4.3 (“Payment for Delays.”), or an extension of time, it shall file with the Agency a written request and report of cause within ten (10) Working Days after the beginning of the event or occurrence giving rise to the delay. The written notice shall include a statement or estimate of the time extension or compensation being requested, documents supporting the request, including but not limited to evidence of all facts supporting the alleged claim and a current schedule showing the impact of the event or occurrence on the critical path. The request for payment or extension must be 01/13/2026
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made at least fifteen (15) Working Days before the specified completion date. Failure by the Contractor to file these items within the times specified will be considered grounds for refusal by the Agency to consider such request.
By submitting a request for compensation or time extension, the Contractor agrees to make all books and records, including original bid estimates, subcontracts, daily reports, and correspondence, available to the Agency for review. The Contractor also agrees to include this requirement in all subcontracts.
6-6 SUSPENSION OF THE WORK.
6-6.1 General.
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eplace this subsection with the following:
6-6.1 General. T he Engineer shall have the authority to suspend the Work, wholly or in part, for such period as the Engineer may deem necessary, due to unsuitable weather or to such other conditions (including an act of God or Force Majeure) as are considered unfavorable for the suitable prosecution of the Work, or for such time as the Engineer may deem necessary due to the failure on the part of the Contractor to carry out orders given or to perform any provisions of the Work. The Contractor shall immediately comply with the written order of the Engineer to suspend the Work wholly or in part and shall not resume the Work until ordered to do so in writing by the Engineer. Such suspension shall be without liability to the Contractor on the part of the City except as otherwise specified in Subsection 6-4.3 (
“Payment for Delays.”).
In the event a suspension of work is ordered because of failure on the part of the Contractor to carry out orders given or to perform any provisions of the Work, such suspension of work shall not relieve the Contractor of his responsibility to complete the Work within the time limit set forth herein and shall not be considered cause for extension of the time for completion and, further, such suspension of work shall not entitle the Contractor to any additional compensation.
If the work is suspended or otherwise not continuously prosecuted for any cause whatsoever, within or without the time for completion, the Contractor shall, at his sole cost and expense, remove and replace all or any portion of the work already completed and inspected which Agency, at its sole discretion, could have been damaged during the suspension of work.
6-9 LIQUIDATED DAMAGES.
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eplace this subsection with the following:
6-9 LIQUIDATED DAMAGES. F ailure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. For each consecutive working day in excess of the time specified for completion of Work, as adjusted in accordance with Subsection 6-4 (“DELAYS AND EXTENSIONS OF TIME .”), t he Contractor shall pay to the Agency, or have withheld from monies due the Contractor, the sum of five hundred dollars ($500.00)
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Execution of the Contract shall constitute agreement by the Agency and Contractor that the sum of five hundred dollars ($500.00) p er working day is the value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs.
SECTION 7 – MEASUREMENT AND PAYMENT
7-3 PAYMENT.
7-3.1 General.
A
dd the following paragraph to this subsection:
Except as may otherwise be provided in specific instances, nothing in the Contract shall be construed as vesting in the Contractor any property, any material, article or structure existing at the time of the award of Contract within the area in which the Work is to be done or in any material, article or structure subsequently furnished for the Work by the Agency, or in any material, article, structure or Work furnished or performed by the Contractor after having been accounted for on an approved estimate supporting the Contractor's demand for payment as provided in Subsection 7-3 (“Payment.” ) of the Greenbook. In the
latter event any such material, article, structure or Work shall become the property of the Agency after being so accounted for.
7-3.2 Partial and Final Payment
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eplace the fifth paragraph of this subsection with the following:
Pursuant to Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any money held by the Agency to ensure performance of the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the Agency, or with a state or federally chartered bank as an escrow agent, who shall return such securities to the Contractor upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to written Contract in accordance with the provisions of Section 22300 of the California Public Contract Code. For purposes of the escrow agreement, the Agency shall not certify that the Contract has been completed until at least forty five (45) calendar days after filing by the Agency of a Notice of Completion. Securities eligible for investment under this Section shall be limited to those listed in Section 16430 of the California Government Code, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed upon by the Contractor and the Agency.
Add the following paragraphs to this subsection:
Requests for partial payments shall be submitted in a form satisfactory to the Agency. At a minimum, the form shall include all bid items, itemized breakdowns of lump sum bid items from the schedule of values (provided by Contractor), unit or lump sum prices bid, the quantities of each bid item for the current and past invoices, the dollar amount of each bid item, a total amount, and the name, address and phone number of the Contractor.
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The Contractor shall meet with the Engineer to field measure quantities, and if an agreement is NOT reached, the disputed quantities shall be documented at that time. The Contractor shall not include in his invoice any quantities that have not been approved by the Engineer. The Engineer will not be required to pay for any disputed quantities of work until an agreement is reached with respect to the actual quantity in place. The Engineer may make payments for disputed quantities of work based on his own estimate, until such time that an agreement is reached.
The Agency will make partial payments in accordance with Section 20104.50 of the Public Contract Code, and these specifications. The Agency will pay progress payments within thirty (30) calendar days of receipt of an undisputed, complete and properly prepared payment request from the Contractor, or pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure.
Any payment request determined not to be a proper payment request suitable for payment shall be returned to the Contractor as soon as practicable, but not later than seven (7) calendar days, after receipt.
As part of the monthly request for partial payment, the Contractor shall submit:
1] A list of all subcontractors who worked on the project, along with their PWC Registration Number, so the Agency can ensure that all contractors and subcontractors are registered as required by Labor Code Section 1771.1;
2] Conditional and unconditional lien releases for the Contractor and all subcontractors; 3] An updated construction schedule (showing actual progress of the Work); 4] The Record Drawings (updated to indicate all changes made up to the end of the billing period). 5] Certified payroll records to the Labor Commissioner’s Office;
Monthly progress payments are conditioned upon the Agency having received from the Contractor the monthly schedule update and other specified documents.
Contractor shall provide to City, as a condition precedent to the payment of Contractor’s final retention, a complete list of all subcontractors who have worked on the Project, including their PWC Registration Numbers. This list must be provided at least 30 days prior to the payment of the final retention and shall be submitted under penalty of perjury.
The Agency is required by State Law to withhold final payment to the Contractor until at least 30 days after PWC-100 information has been submitted to the DIR, including the list of subcontractors who worked on the Project.
A prime contractor or subcontractor shall pay any subcontractor not later than ten (10) Working Days of receipt of each progress payment for satisfactory performance in accordance with the provision in Section 7108.5 of the California Business Code concerning prompt payment to subcontractors. The ten (10) Working Days is applicable unless a longer period is agreed to in writing.
Any delay or postponement of payment over thirty (30) calendar days may take place only for good cause and with the Agency’s prior written approval. Any violation of Section 7108.5 shall subject the violating contractor or subcontractor to the penalties, sanction, and other remedies of that section.
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The Agency will hold retainage from the prime contractor and will make prompt and regular incremental acceptances of portions, as determined by the Agency of the Contract work, and pay retainage to the prime contractor based on these acceptances. The prime contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor within seven (7) calendar days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the Contract work by the Agency.
7-3.3 Delivered Materials.
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dd the following paragraph to this subsection:
Progress payments may include payment for specialty materials that will remain permanent features of the Work, not incorporated in the Work, but delivered and suitably stored at the site or at another location, insured and bonded by the Contractor and agreed to, in writing, by the Engineer.
Payment for stored materials will be based on a cost breakdown, acceptable to the Engineer, indicating the value and installation costs of such materials, provided each individual item has a value of more than five-thousand dollars ($5,000). The Agency will pay a maximum of seventy-five percent (75%) of the value of the material, until such time as the material is permanently installed in the Work. The Contractor shall submit a bill of sale, invoice, or other documentation warranting that the Contractor has received the materials free and clear of liens, charges, security interests, and encumbrances, and evidence that the materials and equipment are covered by appropriate property insurance.
7-3.4 Mobilization.
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elete this subsection in its entirety and replace with the following:
7-3.4 Mobilization and Demobilization. M obilization and Demobilization shall consist of preparatory work and operations, including, but is not limited to those necessary for the move-on and move-off operations such as:
1] Supplying, maintaining, and finally removing temporary facilities; including portable field office, sanitary facilities, electric power, water, telephone and other utilities, enclosures for storage of construction equipment, products / materials and incidentals;
2] Furnishing all insurance, bonds, licenses, materials, tools, equipment and incidentals involved in mobilization and preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidental to the project; for all other facilities, sureties, work and operations which must be performed or costs incurred prior to beginning work or various contractor items on or off the project site;
3] Making arrangements for construction personnel vehicle parking;
4] Application and acquiring permits from other agencies as required for the Project;
5] For other items not directly related to the bid items.
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Payment for Mobilization and Demobilization shall be paid by the lump sum price bid as shown on the BID SCHEDULE. If the Mobilization and Demobilization bid item states a maximum percentage of total base bid on the BID SCHEDULE, the Agency reserves the right to conform the bid item price to the maximum stated percentage. When the Agency has to conform the bid item price to the maximum stated percentage, such action does not constitute a reason for the Contractor to withdraw their bid.
If no separate item is shown in the bid for mobilization and demobilization, then the Contractor shall include all costs in the various items of work.
Placement of facilities and storage of construction equipment and materials shall be approved in advance by the Engineer. All such facilities and equipment shall remain the property of the Contractor.
The Contractor shall be held responsible for all damage caused during mobilization and demobilization. The Contractor shall leave all storage areas in a neat clean condition, satisfactory to the Engineer and in accordance with the provisions of storage permits set by the property owner.
When a separate bid item is included in the BID SCHEDULE, payments for mobilization and
demobilization will be made in accordance to the following schedule:
a] When the approved monthly partial payment estimate of the amount earned, not including the amount earned for mobilization and demobilization, is ten percent (10%) or more of the original Contract amount, twenty-five percent (25%) of the Contract item price for mobilization and demobilization will be included in the estimate for payment.
b] When the approved monthly partial payment estimate of the amount earned, not including the amount earned for mobilization and demobilization, is twenty- five percent (25%) or more of the original Contract amount, the total amount earned for mobilization and demobilization shall be fifty percent (50%) o
f the Contract item price for mobilization and demobilization will be included in the estimate for payment.
c] When the approved monthly partial payment estimate of the amount earned, not including the amount earned for mobilization and demobilization, is fifty percent (50%) or more of the original Contract amount, the total amount earned for mobilization and demobilization shall be s
eventy-five percent (75%) of the Contract item price for mobilization and demobilization will be included in the estimate for payment.
d] When the approved monthly partial payment estimate of the amount earned, not including the amount earned for mobilization and demobilization, is seventy-five percent (75%) or more of the original Contract amount, the total amount earned for mobilization and demobilization shall be ni nety-five percent (95%) of the Contract item price for mobilization and demobilization will be included in the estimate for payment.
e] After final acceptance of the Project, the remaining unpaid amount, of the Contract item price for mobilization will be included for payment in the final progress payment.
7-3.7 Agreed Prices.
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dd the following to this subsection:
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Agreed prices shall be negotiated before commencement of the Work.
7-4 PAYMENT FOR EXTRA WORK.
7-4.1 General.
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eplace the first sentence in this subsection with the following:
When the cost and time for Extra Work cannot be agreed upon prior to the commencement of the Work, the Agency will pay for Extra Work based on the accumulation of costs as provided herein and grant additional time to the Contract duration. Extra Work shall be paid for under a written Change Order, approved by the Agency, in accordance with the terms therein provided. Generally, payment for Extra Work will be made at the unit price or lump sum previously agreed upon between the Contractor and the Agency.
7-4.2.3 Tools and Equipment Rental.
R
eplace the second paragraph in this subsection with the following:
Regardless of ownership, the rates to be used in determining equipment rental costs shall not exceed most current listed rates found in the Caltrans Labor Surcharge and Equipment Rental Rates, which is available online at:
https://dot.ca.gov/programs/construction/equipment-rent al-rates-and-labor-surcharge
Add the following paragraphs to this subsection:
Where the Contractor can substantiate that the rental rates prevailing locally exceed the published rate by more than fifteen percent (15%), the Contractor will be entitled to a rental rate adjustment.
For equipment not listed in said publication, rental rates must not exceed listed rates prevailing locally at equipment rental agencies or distributors, at the time the Work is performed.
Whenever possible, Extra work must be accomplished using equipment available on Site or owned by the Contractor. If a specific piece of equipment must be rented to be used exclusively for the Extra Work, the rental rate will be the invoiced rate.
7-4.3 Markup.
7-4.3.1 Work by Contractor.
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eplace the paragraph in this subsection with the following:
7-4.3.1 Work by Contractor: T he following allowable overhead and profit percentages shown in Table 7-4.3.1 below shall be added to the Contractor’s costs and shall constitute the markup for all overhead, insurance, and profits on work performed by the Contractor:
Table 7-4.3.1
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COMPONENT OVERHEAD PROFIT
Labor 10% 10%
Materials 10% 5%
Equipment Rental 10% 5%
Other Items and Expenditures 10% 5%
Regardless of the number of hierarchical tiers of Subcontractors, the five percent (5%) which is the Contractor’s allowance 3.5% (for overhead) and 1.5% (for profit) may be applied one time only to the performing Subcontractor’s total cost.
One percent (1%) shall be added to the sum of the costs and markups provided for in the subsection as compensation for bonding.
7-4.3.2 Work by Subcontractor.
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eplace the paragraph in this subsection with the following:
7-4.3.2 Work by Subcontractor: W hen all or any part of the Extra Work is performed by a Subcontractor, the markup established in 7-4.3.1 shall be applied to the Subcontractor’s actual cost of such work. A markup of ten percent (10%) on the first Five-Thousand Dollars ($5,000) of the subcontracted portion of the Extra Work and a markup of five percent (5%) on work added in excess of Five-Thousand dollars ($5,000) of the subcontracted portion of the Extra Work may be added by the Contractor.
The markups specified in Subsections 7-4.3.1
(“Work by Contractor. ” ) and 7-4.3.2 (“Work by
Subcontractor.” ) shall be considered as full compensation and include, but not be limited to, the Contractor’s labor costs for personnel not working directly on the Extra Work, including the cost of administration and any tools or equipment that they may use. Such costs shall not be reported as labor or equipment costs elsewhere except when they are actually used in the performance of the Extra Work. Labor costs shall in that case be reported for the labor classification corresponding to the type and nature of Extra Work performed.
7-4.4 Daily Reports.
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dd the following as the first sentence in this subsection:
T
he Contractor shall notify the Engineer at the beginning of each working day when Extra Work is in progress.
7-6 BID ITEMS.
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dd the following new subsection:
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7-6 BID ITEMS. Payment for the work included in each Bid Item shall be made at the actual quantity constructed, using the units listed in the BID SCHEDULE and the Unit Prices included in the BID. All other work shown or mentioned on the Plans, in the Specifications, or in any one of the Contract Documents shall be considered as included in the related Bid Items shown in the BID SCHEDULE. The Contractor must complete all work that is shown or described in the Contract Documents, whether or not there is a specific Bid Item for that work, and no additional compensation will be allowed.
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SUPPLEMENTARY TECHNICAL PROVISIONS
Solar Streetlight Project (C.I.P. No 8385)
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his section makes additions, deletions, or revisions to PART 2 – CONSTRUCTION MATERIALS, PART 3 – CONSTRUCTION METHODS, PART 4 – EXISTING IMPROVEMENTS, PART 5 – PIPELINE SYSTEM REHABILITATION, PART 6 – TEMPORARY TRAFFIC CONTROL, PART 7 – STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS, AND PART 8 – LANDSCAPING AND IRRIGATION of the 2024 Standard Specifications for Public Works Construction (“Greenbook”). As a convenience, these additions and amendments have been arranged in a format that parallels the Greenbook. All sections and subsections which are not changed remain in full force and effect. Additional Special Provision sections and subsections may be included in these supplements which may be written in a format different from that of the Standard Specifications. These additional Special Provision sections and subsections are intended to complement the Standard Specifications.
PART 2 - CONSTRUCTION MATERIALS
200-2.1 General.
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dd the following paragraph to this subsection:
SECTION 201 – CONCRETE, MORTAR, AND RELATED MATERIALS
201-1 PORTLAND CEMENT CONCRETE.
201-1.1 General.
A
dd the following paragraph to this subsection after the first paragraph:
Contractor shall furnish the Engineer a copy of the mix design to be used and with legible certified weight-master’s certificate for each load of PCC delivered to the Work. Portland Cement concrete delivered to the project site having a water content and/or slump greater than that specified in the mix design shall be rejected and removed from the Work site.
201-1.2.6.3 Accelerating Admixtures
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odify this subsection to read as follows:
Calcium Chloride shall not be used as an admixture. Other accelerating admixtures shall conform to ASTM C 494, accelerating (Type C), or water-reducing and accelerating (Type E) admixtures, shall be approved by the Engineer prior to use.
201-1.3.3 Concrete Specified by Class and Alternate Class.
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odify the third paragraph of the subsection to read as follows:
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The concrete class, alternate class, and maximum slump for various types of construction shall be as specified in Table 201-1.3.3 except for the concrete class specified for Street Surface Improvements. Street Surface Improvements shall have a concrete class of 560-C-3250.
201-1.5.4 Hand Mixing.
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eplace the first sentence in this subsection with the following:
Hand mixing concrete shall not be allowed except by prior permission from the Engineer and, if permitted, only when the amount of concrete required is less than one cubic yard (1 yd. 3).
Prepackaged unmixed concrete shall not be allowed except by prior permission from the Engineer.
201-2 REINFORCEMENT FOR CONCRETE.
201-2.2 Steel Reinforcement.
201-2.2.1 Reinforcing Steel.
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eplace the first sentence in this subsection with the following:
Unless otherwise specified, reinforcing steel, except longitudinal steel, shall be Grade 60 billet steel conforming to ASTM A615.
TABLE 209-7.2 (B)
DETECTABLE UNDERGROUND UTILITY MARKING TAPE COLORS
COLOR UTILITY MARKED
Red Electric power, distribution, transmission, and municipal electric systems.
Yellow Gas and oil distribution and transmission, dangerous materi als, product and steam.
Orange Telephone and telegraph systems, police and fire communi cations, and cable television.
Blue Water systems.
Green Sanitary and storm sewer systems, nonpotable.
209-7.3 Material Approvals.
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dd the following new subsection:
209-7.3 Material Approvals. Detectable Underground Utility Marking Tape shall meet the requirements of each of the following agency / association publications:
(1) Department of Transportation, Materials Transportation Bureau, Office of Pipeline Safety.
USAS code for pressure piping B31.8, paragraph 192.321(e). 01/13/2026
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(2) National Transportation Safety Board, Washington, DC, Special Study Prevention of Damage to Pipelines. Adopted June 7, 1974. Report NTSB-PSS-73-1.
(3) American Petroleum Institute (API). Recommended practice for marking buried liquid petroleum pipelines - APR RP 1109.
(4) General Services Administration, Washington, DC, Public Buildings Service Guide Specification for Mechanical and Electrical Equipment - PBS 4-1501, Amendment 2, Page 501-14, Paragraph 18, Subparagraph 18.1, Clause 18.1.1.
(5) Rural Electrification Authority (REA), U.S. Department of Agriculture, Washington, DC, National Electrical Safety Code for Underground Construction for remote and immediate hazards.
Add the following new Section:
SECTION 220 – MISCELLANEOUS
220-1 RESIDENTIAL MAILBOX.
220-1.1 General.
220-1.1 General.
Mailboxes shall be of standard size (typically 8.75”H x 6.75”W x 19.0”D), made of solid aluminum, painted white by the manufacturer, and shall be approved by the United States Post Office. The mailbox shall be mounted on a pressure treated post and platform as shown on the City of Vista Standard Drawing SRF-04 consisting of a four-inch by four-inch (4”x 4”) pressure treated post (primed and painted with white solid body satin), one and one-half inches (1-1/2”) thick redwood or pressure treated platform (6.75”W x 19”D), and four galvanized lag bolts.
Prior to purchasing the new mailboxes the CONTRACTOR shall submit shop drawings to the ENGINEER for approval showing the manufacturers catalog sheets and including all mounting and installation details.
PART 3 - CONSTRUCTION METHODS
SECTION 300 – EARTHWORK
300-1 CLEARING AND GRUBBING.
300-1.1 General.
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dd the following paragraphs to this subsection:
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Clearing and Grubbing shall include the protection of all items to remain, sawcutting, cold milling AC pavement, demolition of existing improvements, salvaging existing materials (topsoil) and improvements as specified or shown on the Plans, removal of deleterious materials, and proper disposal from the Project site of all existing surface and subsurface materials as required to construct the improvement as shown on the Plans and as described in the Specifications. Typical items to be removed include, but are not limited to, trash, fences, posts, poles, gates, street signs, AC dikes, AC paving, striping (by grinding), d
ecorative concrete, concrete driveway entrance, concrete sidewalk, concrete curb and gutter, concrete headwall structures, retaining walls, landscape border logs, decorative walls, concrete pavers, reinforcing steel, rock, boulders and cobbles, trees, stumps and roots, shrubs, other vegetation or organic materials, soil, irrigation systems, spoils, debris, sewer pipe, storm drain pipe, storm drain inlets and grates, electrical conduits and pullboxes, wire, utility cabinets or boxes, drinking fountains, guardrails, delineators, pavement markers, and all other objectionable materials which interfere with the Work whether or not specifically indicated on the Plans or otherwise shown to be protected or relocated. Abandoned utility lines and structures not removed with Engineer’s approval shall be filled with blown sand and conduits plugged. Concrete and bituminous pavement shall be removed to neatly sawed edges. Sawcuts shall be to a minimum depth of three inches (3”).
Clearing and grubbing shall also include the relocation, adjusting or salvaging of all facilities so indicated on the Plans which are not designated as separate bid items or which are not included in other bid items.
If there are decorative items on private lots, including decorative concrete pavers, decorative wall blocks, rocks used for landscape decoration, boulders, and custom signs, and the Contractor would prefer to salvage items for the property owners, the items shall be removed carefully and placed at a location near the disturbed area on the private property, with the property owner’s approval.
The Contractor shall remove existing irrigation systems (including both water supply and water distribution lines, electrical supply, and electrical control elements of the system) that are within the Project limits and place these materials on the property owner’s property. Contractor shall cap ends of cut lines and wires, and mark locations with lath so that property owner can locate them later.
Miscellaneous fencing materials may be encountered during Work. The terminal post of each fence removed shall be reinforced by bracing or other appropriate means to maintain the structural integrity of the portion of fence to remain. Relocation and reconnection of existing fences as shown on the Plans shall include all posts, hardware, and all incidentals necessary to complete the Work.
All existing water services shall be relocated or extended to behind curb or behind sidewalk if contiguous to curb. The Contractor shall inspect and verify that the existing service, including the connection at the main, meets current Vista Irrigation District (VID) standards. Where existing services meet VID standards, extension of the service will be allowed at the price bid for water meter relocations.
During surface clearing operations, the Contractor shall not cover or bury any plant growth or other objectionable materials on public or private property. If the Contractor cannot successfully separate the plant growth from the surface soil and advertently or inadvertently mixes organic or other 01/13/2026
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objectionable materials with the soil, the soil so contaminated shall be removed from the site by the Contractor. All costs, if any, associated with removing the soil mixed with organic or other objectionable materials and importing soil to replace said contaminated soil shall be borne by the Contractor and no additional payment shall be made to the Contractor.
Unless otherwise noted on Plans, the Contractor shall protect all existing sewer, water, electric, telephone, communication, television, fire lines, street lights, traffic signal, red light cameras, irrigation, and other utilities, services and systems, whether shown on the Plans or not. The Contractor shall maintain all services in working condition during the course of the Work. The Contractor shall remove all existing abandoned pipelines and conduits of any type or use, and pipelines and conduits of any type or use that are abandoned during the course of the Work and shall replace said pipelines and conduits with properly compacted soils. The Contractor shall immediately restore to full operation any utilities, services or systems that are disturbed during the course of the Work.
300-1.4 Payment.
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odify this subsection to read as follows:
300-1.4 Payment. The BID SCHEDULE DOES NOT include a bid item for Clearing and Grubbing.
Full compensation for any necessary Clearing and Grubbing required to perform the construction operations specified or shown on the Plans will be considered as included in the price bid for the related items of work, and no additional compensation will be allowed therefore. Payment for removal and disposal of abandoned utilities shall be included in the various items of work and no additional compensation will be allowed therefore.
300-2 UNCLASSIFIED EXCAVATION.
300-2.1 General.
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odify this subsection to read as follows:
300-2.1 General. U nclassified excavation shall consist of all excavation, including roadway excavation, removal and stockpiling of suitable material, mixing and moisture conditioning of dry material, mixing and drying of wet material by various methods, disposal of unsuitable materials (including cobbles, rocks and boulders), salvage and stockpile of existing topsoil for use on the Project, and all other required earthwork operations to bring all areas that are within the grading and excavation limits on both public and private property to the required subgrade elevations and cross sections as shown on the Plans and as required in the Project’s geotechnical investigation. Suitable excavated material may be used onsite to make all fills shown on the Plans. Unclassified excavation shall also include pumping and disposal of storm water and groundwater. Any tree roots or other deleterious material uncovered during excavation shall be completely removed and cut back so that new improvements will not be affected by future root growth.
In the event weather conditions make drying by aeration or other processes impractical as determined by the engineer, he may suspend the Work. However, the Contractor shall continuously provide for traffic and access requirements during the suspension period in conformance with these 01/13/2026
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Technical Provisions. The Work shall be suspended as provided for in Section 6 (“PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK.”) of the Standard Specifications except the suspension shall not be deemed to be suspension by the Agency for its own convenience or benefit.
Stockpiling of material and storage of equipment or supplies associated with excavation and/or soil aeration activities within existing or proposed wetland, willow woodland or riparian areas is strictly prohibited.
The excavation, placement, conditioning, and compaction of material shall be in accordanc e with the Plans, Specifications, the City of Vista Development Code (Chapter 17 Section 17.56), and the Geotechnical Report, prepared by “is not available for this Project”.
300-2.2 Unsuitable Material.
300-2.2.1 General.
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odify this subsection to read as follows:
300-2.2.1 General. All excess material generated by the grading operations that is not suitable for backfill shall be excavated and disposed of by the Contractor at a legal disposal site. The Agency makes no claim on the suitability or moisture content of the existing materials. Any suitable local borrow materials at the site that the Contractor wishes to re-use shall be stockpiled by the Contractor.
The location of stockpiles shall be approved by the Engineer prior to placement of materials, and all stockpiles shall be protected by erosion control measures.
All subgrade areas to receive fills or structures shall be inspected by the Geotechnical Engineer.
All alluvial and colluvial soils, loose or poorly compacted soils, or existing dry material must be reworked before the placement of base or concrete can proceed. Areas where soils are loose or poorly compacted shall be reworked by excavating, blending and recompacting the loose soils to the specified compaction. The existing loose soils to be reworked shall be removed by the Contractor until a firm unyielding surface is exposed or to a depth determined by the Engineer. Dry materials shall be scarified and moisture conditioned to achieve the specified compaction. With the approval of the Geotechnical Engineer, the Contractor may choose to stabilize poorly-compacted areas with geogrid at his own expense.
If the Contractor wishes to temporarily stockpile material for disposal at a later date in any area other than the project area or construction staging area, the Contractor shall locate a suitable space which is outside the Public Right -of-Way a
nd suitable to the Agency. The location of stockpiles shall be approved by the Engineer prior to placement of materials, and all stockpiles shall be protected by storm water pollution prevention and erosion control measures. The stockpiles shall be removed regularly from the Project site so as not to interfere with access to the Project.
If the excavated material is unsatisfactory as excavated for other uses in the Project, as determined by the Engineer, the Contractor shall remove and dispose of such excavated material off the site. The Contractor shall be responsible for obtaining a suitable legal disposal site for any unsuitable excavated materials in accordance with the appropriate section in the Standard Specifications.
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300-2.2.2 Wet Material.
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odify this subsection to read as follows:
300-2.2.2 Wet Material. If required excavated material is unsatisfactory for the specified use on the Project solely because the material has a moisture content of four percent (4%) or more above the optimum moisture content, the Contractor shall process the material to reduce the moisture content to an optimum condition, or remove the material and replace it with suitable material. The material may be processed by blending the wet soil with soils having a lower moisture content and / or spreading the excavated material in a manner that enables the material to dry to optimum moisture content. With the approval of the Geotechnical Engineer, the Contractor may choose to stabilize unstable subgrade areas with geogrid at his own expense.
300-2.7 Selected Material.
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odify this subsection to read as follows:
300-2.7 Selected Material. Selected material encountered in excavation within the right-of-way shall be used as directed by the Engineer. Topsoil excavated within the limits of the Project may be considered as a selected material only for the purpose of backfilling areas to be planted.
300-2.8 Measurement.
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dd the following paragraph to this subsection:
The Plans and the Specifications show work to be done which requires earthwork, both cut and fill, to establish the lines and grades shown on the Plans. The Agency has endeavored to establish reasonable accurate earthwork quantities of the work actually involved and these quantities represent the results of actual survey measurements and data and calculated adjustments for changes proposed on the Plans, however, due to the approximate nature of such data and therefore the difficulty of making accurate measurements of earthwork quantities for this type of project, the estimated quantities for grading will be assumed to be the actual quantity. The Contractor shall review the site and make his own estimate of the Work required to complete the Project. No modifications shall be made to the quantity shown on the Plans and in the Specifications, unless additional quantities of grading are ordered by the Engineer.
300-2.9 Payment.
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odify this subsection to read as follows:
300-2.9 Payment. T he BID SCHEDULE f or this Project DOES NOT include a bid item for Unclassified Excavation. Full compensation for all necessary Unclassified Excavation required to perform the construction operations specified or shown on the Plans will be considered as included in the price bid for the related items of work, and no additional compensation will be allowed therefore. 01/13/2026
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The excavation, stockpiling, and placement of topsoil and suitable local borrow material will be included in Unclassified Excavation. Removing such material from the stockpile and placing it in its final position is also included in Unclassified Excavation. The Contractor may stockpile suitable local borrow material or import suitable borrow material; however, no separate payment will be made for excavating material from an optional stockpile or importing suitable borrow material and placing the material in its final position.
The removal and disposal of unsuitable material, and the over-excavating and reworking of material that can be made suitable, including groundwater removal by various drying procedures or other remedial geotechnical (soil) treatment shall be included in Unclassified Excavation and no additional compensation will be allowed.
The over-excavation and processing or removal and disposal of wet materials shall be included in Unclassified Excavation and no additional compensation will be allowed.
No separate payment will be made for excavating topsoil temporarily stockpiled and placing in its final location on the slope and other areas to be planted for erosion control planting or landscaping, whether or not required by the Contract Documents or by the Engineer.
300-3 STRUCTURE EXCAVATION AND BACKFILL.
300-3.1 General.
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dd the following paragraphs to this subsection:
In accordance with the provisions of Section 20676 of the State of California Public Contract Code, it shall be mandatory upon the Contractor to whom the Contract is awarded, and upon all subcontractors and suppliers under him, to obtain all construction aggregate, sand, gravel, crushed stone, road base, fill materials, and any other mineral materials used for Structure Backfill, from a
supplier that is included on the most current Office of Mine Reclamation AB 3098 List (per California Assembly Bill 3098). Failure to identify the supplier and the mine may result in rejection of the submittal, and any work completed using materials from an unlisted mine will be SUBJECT TO REJECTION.
The excavation, placement, conditioning, and compaction o f material shall be in accordance wit h
the Plans, Specifications, the City of Vista Development Code (Chapter 17 Secti on 17.56), and the Geotechnical Report, prepared by “is not available for this Project”.
T
he Contractor shall excavate to the lines and grades required, whether or not specifically shown on the Plans. The Contractor shall provide and remove all shoring, sheeting, bracing, cribbing, pumping, lagging, piling, tiebacks, soil anchors, shields, temporary retaining structures, planking, or other types of support for the walls of all open excavations required. The Contractor shall excavate and maintain the bottom of all trenches and excavations in a condition that is level, firm, clean and free from all debris or foreign matter. Excavations shall be kept free from water at all times. The Contractor shall remove any unsuitable material encountered below grade as directed by the Engineer.
300-3.7 Payment.
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Add the following paragraphs to this subsection:
Compensation for dewatering shall be considered as included in the lump sum price bid paid for Dewatering Measures or included as an incidental item to excavation and backfill or other items of work in the BID SCHEDULE and no additional compensation will be allowed therefore. Full compensation for any necessary work related to Unsuitable Materials required to perform the construction operations specified or shown on the Plans will be considered as included in the price bid for the related items of work, and no additional compensation will be allowed therefore.
Full compensation for supporting the excavation for structures shall include furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in providing excavation safety, shoring or sloping of excavations including, but not limited to, design of the shoring system; obtaining all necessary permits from the Division of Occupational Safety and Health; constructing shoring; and removal and disposal of the shoring materials; all as shown on the Plans, or as specified in the General Conditions, Standard Specifications, and these Supplementary Special Provisions; shall be considered as included in the related items of work and no additional compensation will be allowed.
No change will be made in the amount to be paid for supporting the excavation for structures as a result of required revisions in the excavation support details due to a type of soil encountered which requires a method of trench support different from that approved.
300-4 UNCLASSIFIED FILL.
300-4.1 General.
A
dd the following paragraphs to this subsection:
The excavation, placement, conditioning, and compaction of material shall be in accordance wit h the Plans, Specifications, the City of Vista Development Code (Chapter 17 Section 17.56) , and the Geotechnical Report, prepared by “is not available for this Project”.
A
ny objectionable material, including organic and inorganic debris, shall be removed, and shall not be placed in the fill.
The Contractor shall establish rough grade of the areas to be planted by placing fill material to a minimum of six inches (6”) below the finished grade shown on the Plans. The Contractor shall then complete the grading work to establish finished grade by placing a minimum of six inches (6”) of topsoil that has been stockpiled from the existing site or imported.
Excess soil remaining from excavations on the Project site may only be used for fill material when rocks, lumps, cobbles, clods, base material, or other solid materials such as broken concrete or asphalt from removal operations are suitable for the particular area to be filled as determined by the Engineer and conform to the requirements of the geotechnical investigation. Broken concrete or asphalt pavement materials shall not be allowed within site grading fill areas or roadway fills less than three feet (3’) in height, within three feet (3’) of final grade in any area or within five feet (5’) (vertically) of the existing ground water table. Any concrete or asphalt placement shall be approved by the Geotechnical Engineer.
Concrete or asphalt pieces shall be less than six inches (6”) in maximum dimension and surrounded by soil particles when used as compacted fill. No nesting shall occur. If the Contractor wishes to use any 01/13/2026
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of the excess material remaining from the Project excavations for any purpose, the material must be suitable for use as fill or backfill and meet the requirements of Subsection 300-4 (“UNCLASSIFIED FILL.” ) of the Standard Specifications and the geotechnical investigation for this Project. The Contractor shall first remove all organic material, construction debris, miscellaneous debris, rubbish, and other objectionable materials contained therein, then obtain tests of the material to confirm its suitability.
Geotechnical (soil) testing of all fill materials; subgrade, subbase, and base will be conducted by the Agency and the Geotechnical Engineer. Geotechnical (soil) tests may include relative compaction tests, sand equivalent tests, sieve analysis, R-values, etc. The results shall be presented directly by the laboratory to the Engineer. No base or PCC pavement shall be placed prior to the subgrade or subbase being compacted, tested and approved by the Engineer.
The cost of any initial geotechnical (soil) tests shall be borne by the Agency. Additional geotechnical (soil) tests due to the failure of one (1) or more of the initial tests shall be conducted by the laboratory and any costs borne by the Contractor. The Contractor shall make allowances in his construction procedure to permit testing of the Work in progress by the Engineer, and no additional compensation shall be paid to the Contractor for delays due to testing.
300-4.10 Payment.
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odify this subsection to read as follows:
300-4.10 Payment. The BID SCHEDULE f or this Project DOES NOT list a bid item for Unclassified Fill. Full compensation for any necessary Unclassified Fill required to perform the construction operations specified or shown on the Plans will be considered as included in the price bid for the related items of work,
and no additional compensation will be allowed therefore.
300-5 BORROW EXCAVATION.
300-5.2 Imported Borrow.
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dd the following paragraph to this subsection:
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n accordance with the provisions of Section 20676 of the State of California Public Contract Code, it shall be mandatory upon the Contractor to whom the Contract is awarded, and upon all subcontractors and suppliers under him, to obtain all construction aggregate, sand, gravel, crushed stone, road base, fill materials, and any other mineral materials used for Imported Borrow, from a supplier that is included on the most current Office of Mine Reclamation AB 3098 List (as proposed in California Assembly Bill 3098 and now codified in Section 2717.(b) of the State of California Public Resources Code). Failure to identify the supplier and the mine may result in rejection of the submittal, and any work completed using materials from an unlisted mine will be SUBJECT TO REJECTION.
300-5.4 Measurement and Payment.
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odify this subsection to read as follows:
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300-5.4 Measurement and Payment. The BID SCHEDULE for this Project DOES NOT list a bid item for borrow excavation. Full compensation for any necessary borrow required to perform the construction operations specified shall be considered as included in [Borrow Excavation / the related items of work for which the borrow excavation is requi red], and no additional compensation will be allowed therefore.
300-12 EROSION CONTROL.
300-12.1 General.
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dd the following new subsection:
300-12.1 General. T he Contractor shall provide erosion control and water pollution control conforming to the requirements shown on the Plans, as specified herein, and as elsewhere required by the Contract Documents. Erosion control and water pollution control shall include the Work specified herein, and such additional measures, as may be directed by the Engineer, to meet Best Management Practices, as defined herein, and to properly control erosion and storm water damage of the limits of work and construction impacts upon areas receiving drainage flows from within the limits of work.
The work covers the prevention, control and abatement of waterborne silts, sediments, earth materials, inorganics, chemicals, construction materials, trash, and debris in order that pollution of the existing onsite and downstream watercourses is prevented or minimized. The Work includes preventing, controlling or abating water polluting elements or materials which may result both directly and indirectly from within and outside the Project work limits. This includes water flow from, to, or through the site resulting from rainfall runoff, groundwater movement, and stream storm water discharge.
The work includes:
a] the exercise of care and the execution of every reasonable precaution by the Contractor as required by the conditions of the site, weather and construction activities involved;
b] the implementation of construction of various devices, facilities, or features shown on the Plans;
c] the implementation or construction of any devices, facilities, or programs as required conditions of any regulatory agency permits for the Project. The Work therefore includes, but is not limited to, the construction and / or installation of temporary devices such as hay (straw) bales; silt fences; gravel bags; erosion control netting, fabric, blankets, or mats; silt or sediment basins; dikes or berms; swales, linings; ponds; diversion structures, pipes, and related facilities.
d] the cleaning, repairing, silt and sediment removal, maintenance and the removal of devices.
Note: The Contractor’s attention is also directed to the specific requirements contained within the regulatory agency conditional agreements.
Unless other more restrictive requirements are specified elsewhere in the General Conditions or these Special Provisions, or as a requirement of regulatory or other Agency permits, the following minimum provisions shall be met:
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a] Equipment and workers for emergency work shall be made available at all times during the rainy season. All necessary materials shall be stockpiled on site at convenient locations to facilitate rapid construction or deployment of temporary devices when rain is imminent.
b] Devices shown on the Plans shall not be moved or modified without the approval of the Engineer.
c] The Contractor shall restore all erosion control devices to working order to the satisfaction of the Engineer after each runoff-producing rainfall, and every 24 hours during a prolonged storm event, as needed.
d] The Contractor shall install additional erosion control measures as may be required by the Engineer due to uncompleted grading operations or unforeseen circumstances which may arise.
e] The Contractor shall be responsible and shall take necessary precautions to prevent public trespass onto areas when impounded waters create a hazardous condition.
f] During the rainy season and when rainfall is probable, graded areas around the Project perimeter must drain away from the face of slope at the conclusion of each working day.
g] All removable protective devices shown shall be in place at the end of each working day when the five (5) calendar day rain probability forecast exceeds thirty percent (30%).
Compliance with the requirements of this subsection shall in no way relieve the Contractor from his responsibility to comply with the other provisions of the contract, in particular his responsibility for damage and for preservation or property.
Failure to take said measures satisfactory to the Engineer or regulatory agencies will subject Contractor to orders to cease operations. Any losses to Contractor associated therewith shall be at Contractor’s sole expense.
300-12.2 Grading Controls.
A
dd the following new subsection:
300-12.2 Grading Controls. The Contractor shall protect all areas that have been graded and/or cleared and grubbed as well as areas that have not been graded and/or cleared and grubbed within the limits of work from erosion. The Contractor shall provide temporary earth berm, fiber rolls, gravel bags, silt fences, stabilized construction entrances and similar measures, coordinated with its construction procedures, as necessary and as shown on the Plans to control on site and off site erosion during the construction period. The Contractor shall protect areas which have been cleared and grubbed prior to excavation or embankment operations, and which are subject to runoff during the duration of the contract. The criteria used to determine the appropriate erosion control measures shall be the “Best Management Practices”, hereinafter BMP, defined and described in the latest edition of the "California Storm Water Best Management – Construction Handbook" as published by the Storm Water Quality Task Force [go to the CASQA on-line bookstore at the following URL to purchase, download or view handbook(s)]:
http://www.cabmphandbooks.com
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The Contractor shall maintain a copy of the latest edition of the "California Storm Water Best Management – Construction Handbook" on the Project site and shall conduct its operations in conformity to said Handbook.
Excavation and Embankment areas, while being brought to grade and during periods of completion prior to final surface construction, shall be protected from erosion and the resulting siltation of downstream facilities and adjacent areas, and be graded so as to direct runoff into impoundment areas within the limits of work where such runoff shall have pollutants removed by BMP methods. The Contractor shall provide protection by BMP measures to eliminate erosion and the siltation of downstream facilities and adjacent areas. These measures shall include all means necessary to prevent polluted runoff from leaving the site.
300-12.4 Payment.
A
dd the following new subsection:
300-12.4 Payment. Payment for all work required to provide Storm Water Pollution Prevention and Erosion Control shall be included in the lump sum price included in the Bid specified as Storm Water Pollution Prevention and Erosion Control. Such price shall include full compensation for preparing the Storm Water Management Permit, the Storm Water Pollution Prevention Plan (SWPPP) where applicable, performing erosion control and water pollution control, conforming to the operational requirements herein, providing and maintaining all BMPs, removing all construction BMPs, conforming to the requirements of the current State Water Resources Control Board of California Order, and the current City of Vista Grading Ordinance, and no additional compensation will be allowed therefore.
302-6 PORTLAND CEMENT CONCRETE PAVEMENT.
302-6.1 General.
A
dd the following after the first sentence of the first paragraph in this subsection:
F
ormwork shall be approved by the Engineer before placing concrete. The work shall include, but not be limited to, the saw cutting, removal and disposal of AC and sub-base, sub-grade preparation, base material, compaction, placement, materials, rebar, all labor, tools, equipment and incidentals necessary to do all of the work as specified on the Plans or as directed by the Engineer.
303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLY I NTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS.
303-5.1 Requirements.
303-5.1.1 General.
M
odify the second paragraph of this subsection to read as follows:
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Unless otherwise prescribed in Subsection 303-5.1.3 (“Driveway Entrances .” ), the minimum thickness of walks shall be four inches (4”). The height of curbs and the thickness of gutters, cross gutters, alley intersections, curb ramps and driveway aprons shall be as shown on the Plans.
303-5.1.2 Drainage Outlets Through Curb.
M
odify the first paragraph of this subsection to read as follows:
Drains shall be constructed beneath the sidewalk as show n in SDRSD No. D-27 (“SIDEWALK UNDERDRAIN PIPE” ) to connect existing building drains or yard drains along the line of Work through curb outlet sleeves to the gutter, or to serve low areas on adjacent property where pre-existing drainage conditions have been affected by the Work. Each separate parcel shall be provided with a minimum of two (2) drains, one (1) at the low side of the parcel and one (1) at the high side of the driveway, or as shown on the Plans. Payment for all work required to install curb sleeves and under-sidewalk drains will be considered as included in the related concrete items, and no additional compensation will be allowed therefore.
303-5.1.3 Driveway Entrances.
A
dd the following paragraphs to this subsection:
Where walk is constructed adjacent to driveways, both commercial and residential, provisions shall be made for an accessible walkway within the right-of-way at the back of the sloped driveway apron, with a minimum width of forty-eight inches (48”) and a maximum cross slope of two percent (2.00%).
The longitudinal slope of the walk shall match the slope of the street, taken at the gutter lip or gutter flow line.
PCC Driveway Entrances and PCC Driveways shall be in accordance with City of Vista Municipal Code Section 16.57.090, with smooth transitions to join existing improvements, and no grade breaks exceeding fourteen percent (14%) in eleven feet (11’) for a crest, or twenty-three percent (23%) in eleven feet (11’) for a sag.
303-5.1.4 Curb and Gutter.
A
dd the following new subsection:
303-5.1.4 Curb and Gutter . PCC Curb and Gutter shall be formed along the gutter lip using specified form material. For projects where curb and gutter is being constructed adjacent to existing pavement, a section of pavement twelve inches (12”) wide, measured from the lip of the gutter, shall be removed to allow for the gutter lip to be formed. The twelve inch (12”) slot shall be paved after the curb and gutter is fully cured, to avoid damage from paving operations.
The Contractor shall exercise great care to construct curbs conforming strictly to ADA standards at locations where curb ramps will be constructed. The curb face shall be depressed to a flush surface 01/13/2026
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with no lip at the flowline. The slope of the asphalt leading up to the curb ramp shall not exceed five percent (5.00%) for a distance of four feet (4’) with a maximum two percent (2.00%) cross slope per SDRSD No. G-32A.
The Contractor shall install eight inch (8”) mow curb in accordance with the San Diego Regional Standard Drawing (SDRSD) No. L-3 (“CONCRETE MOWING STRIP ” ). All mow curb shall be reinforced as shown on the standard drawing. New mow curb shall have weakened plane joints every ten feet (10’), and expansion joints every thirty feet (30’) and where new mow curb joins other improvements.
The Contractor shall identify locations of water and sewer laterals by stamping a “W” for water service and an “S” for sewer laterals in the green concrete curb after finish troweling is complete. The stamps shall be professionally fabricated, with letters three inches (3”) high.
Expansion joints are required only at beginning and ending of curb returns.
303-5.1.5 Walks.
A
dd the following new subsection:
303-5.1.5 Walks. Sidewalks shall be constructed in strict conformance with ADA standards. The cross slope on sidewalks shall in no case exceed two percent (2.00%). The clear width of sidewalk shall not be less than forty-eight inches (48”), measured from the back of curb. Construction tolerances shall not be a reason to exceed the minimum or maximum standards of the ADA. The width of the top of the curb cannot be counted as part of the sidewalk clearance.
If a monolithic retaining curb at the back of curb ramp or sidewalk with a maximum height of six inches (6”) is required to minimize erosion or match existing improvements or earth, the Contractor shall construct those retaining curbs at the back of the curb ramp or sidewalk to the limits determined by the Engineer. Retaining curbs shall not reduce the sidewalk clear width below the minimum of forty- eight inches (48”).
Where curbs are sleeved to provide connections to the gutter for yard drains, new sidewalk shall be constructed with under-sidewalk drains, in accordance with Subsection 303-5.1.2 (“Drainage
Outlets Through Curb.” ) and SDRSD D-27 (“SIDEWALK UNDERDRAIN PIPE” ).
Any irrigation facilities removed or adjusted for the construction of the sidewalk or other work shall be replaced, relocated, or re-configured with similar materials, so that the irrigation system is fully functional. Unless there is a bid item for landscaping and irrigation, payment for this work will be considered as included with other items of work.
Any turf, sod or landscaping removed adjacent to the Work for the construction of the sidewalk shall be replaced with new turf, sod or landscaping of the same type from a commercial nursery.
Unless there is a bid item for landscaping and irrigation, payment for this work will be considered as included in the related items of work.
Expansion joints are required only at beginning and ending of curb returns.
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303-5.1.6 Curb Ramp.
A
dd the following new subsection:
303-5.1.6 Curb Ramp. PCC Curb Ramp shall be constructed in strict conformance with ADA standards. The ADA standards are shown in the latest edition of the San Diego Regional Standard Drawings (SDRSD). For the construction of curb ramps, the Contractor shall refer to, and comply with, all of the requirements for curb ramps shown in the most recent version of the SDRSD Nos. G-27 t
hrough G-32B (“CURB RAMP ” ) (inclusive). The City of Vista has developed a checklist of ADA standards for curb ramps, to be used by the Contractor and the Engineer in confirming compliance with ADA standards for sidewalks and any type of curb ramps. The checklist is either included in the appendices to these specifications (see list of Appendices in Table of Contents on Page 2), or is available to the Contractor upon request.
The Contractor shall modify, adjust or relocate any adjacent improvements so the curb ramp can be constructed to ADA Standards. Before the placement of any concrete curb or curb ramp, the Contractor shall notify the Engineer if it appears that the specified maximum slopes will be exceeded due to existing conditions, to allow the Engineer the opportunity to provide direction. If the Engineer determines that a TYPE C CURB RAMP
(per SDRSD No. G-29) must be constructed instead of a TYPE A or TYPE B CURB RAMP (per SDRSD No. G-27) , to fit existing conditions or minimize impacts to private property, the Contractor shall construct the alternate type of ramp. The Engineer shall pay the bid price for the specified ramp if there is no bid price for the alternate ramp.
If a monolithic retaining curb with a maximum height of six inches (6”) is required to minimize erosion or match existing improvements at the back side of the curb ramp, the Contractor shall construct those curbs at the back of the sidewalk to the limits determined by the Engineer, otherwise they may be eliminated. Retaining curbs shall not reduce the clear width of the landing below the minimum of forty-eight inches (48”).
The Contractor shall depress the curb to flush (0” curb face) in front of the curb ramp to meet ADA standards. The Contractor shall construct the road paving or remove and replace sufficient asphalt concrete paving and base to provide a four foot (4’) minimum square landing area, measured from the gutter flowline, where the slopes do not exceed five percent (5%) in any direction per California Building Code (CBC) 1127 B.5.3. The surface of the curb ramp and side flares shall be of contrasting finish from that of the adjacent sidewalk per CBC 1127 B.5.5.
If a diagonal curb ramp on a corner is being constructed at a crossing marked on the pavement, the Contractor shall provide twenty-four inch (24”) long segments of straight curb on each side of the curb ramp, per CBC 1127 B.5.9.
The Contractor shall install a detectible warning surface pad on all pedestrian access ramps and curb ramps leading to hazardous area (e.g. vehicular traffic), as shown on the Plans or in the Standard Plans. The detectable warning surface pad shall extend the full width of the ramp forty-eight inches (48”) minimum and shall measure at least thirty-six inches (36”) along the ramp slope. The detectable warning surface pad or tile shall be securely attached to the surface of the concrete using adhesive and anchors as recommended by the manufacturer of the detectible warning surface. The concrete surface shall be recessed if required by the manufacturer of the detectable warning pad, and the 01/13/2026
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Contractor shall follow all other manufacturer installation instructions. The detectable warning surface pad shall be integrally-colored “DARK GRAY” at all pedestrian access ramps (or curb ramps) on street intersections.
The Contractor shall include in the unit price for Curb Ramps all related costs not covered by other bid items.
303-5.2 Forms.
303-5.2.2 Slip-Forms.
A
dd the following sentence to the end of the first paragraph in this subsection:
Contractor shall give Engineer the opportunity to confirm the slip-form shoe is set at the correct batter for the concrete curb and gutter.
303-5.5 Finishing.
303-5.5.4 Gutter.
A
dd the following before the first sentence of the first paragraph in this subsection:
303-5.5.4 Gutter. Cross gutters and spandrels shall be constructed in accordance with the Plans.
Prior to acceptance of the valley gutter constructed by the Contractor, a flow test shall be conducted by the Contractor in the presence of the Engineer. Any new work found to be defective shall be repaired or replaced by the Contractor in accordance with Subsection 303-5.7 (“Repairs and Replacements.” ).
303-5.7 Repairs and Replacements.
M
odify this subsection to read as follows:
303-5.7 Repairs and Replacements . Any new work found to be defective or damaged, cracked, chipped, discolored, improperly finished, heaved, vandalized, or for any other reason does not conform to the specifications, prior to its acceptance, shall be replaced by the Contractor, at the Contractor’s expense, as approved by the Engineer.
The Contractor shall exercise great care in the construction of curb ramps to ensure compliance with the ADA standards. Any curb ramps that do not satisfy the ADA requirements in any aspect, including exceeding the minimum or maximum values by ANY amount, shall be removed and replaced by the Contractor at his expense. Construction tolerances shall not be a reason to exceed the minimum or maximum standards of the ADA.
303-5.9 Measurement and Payment.
M
odify this subsection to read as follows:
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303-5.9 Measurement and Payment. The BID SCHEDULE lists various items that include concrete construction. Items of work shall be measured and paid for as shown in the Bid.
PCC Curb & Gutter shall be measured and paid for by the linear foot as stated in the BID SCHEDULE. Quantities of curb and gutter will be measured along the line of the curb, around curb returns, and across curb ramps and driveway entrances. Pay quantities for PCC Curb and Gutter will NOT include concrete improvements with monolithic curbs covered by separate items in the bid, such as curb ramps, cross gutters (and spandrels), alley aprons, parking areas and special driveway entrances. Full compensation for any necessary work required to perform the construction operations specified or shown on the Plans, including clearing and grubbing, earthwork, subgrade preparation, removing and replacing existing pavement to allow forming of the gutter lip, installing joints per SDRSD Nos. G-9
and G-10 (“SIDEWALK JOINT LOCATIONS” & “CONCRETE JOINT DETAILS” ), installing sleeves for drains, and depressing curbs for driveway entrances and curb ramps, will be considered as included in the linear foot price bid for PCC Curb & Gutter, and no additional compensation will be allowed therefore.
PCC Median Curb (& Gutter), PCC Rolled Curb and PCC Mowing Strips shall be measured and paid for by the linear foot, as shown in the BID SCHEDULE.
Quantities will be measured along the centerline
of the new median curb (& gutter), rolled curb or mowing strips between adjacent existing concrete improvements. Full compensation for any necessary work required to perform the construction operations specified or shown on the Plans, including clearing and grubbing, earthwork, subgrade preparation, placing reinforcing steel, installing joints per SDRSD No. L-3 (“CONCRETE MOWING
STRIP” ) and all other work required to construct the PCC Median Curb (& Gutter), PCC Rolled Curb or PCC Mowing Strips, will be considered as included in the linear foot price bid for PCC Median Curb (& Gutter), PCC Rolled Curb or PCC Mowing Strips and no additional compensation will be allowed therefore.
“PCC Driveway Entrance” of the various types specified, including “Concrete Driveway” per SDRSD G-14A through G-14G, and “Alley-Type Driveway” per City of Vista Standard Drawing SRF-05A, shall be measured and paid for as stated in the BID SCHEDULE.
Quantities of “PCC Driveway Entrance” will be
measured to include all concrete flatwork that is thicker than adjacent sidewalk, from the back of the curb to the back of the accessible walkway area across the driveway and between the tops of the wings where the curb height is transitioning. Quantities of “Alley-Type Driveway” will be measured from the lip of the gutter to the back of the accessible walkway area across the driveway, and between the tops of the ramps where the curb height is transitioning. If a monolithic retaining curb is required for the driveway, the top surface quantity of the retaining curb will be added to the quantity of the driveway.
Full compensation for any necessary work required to perform the construction operations specified or shown on the Plans, including clearing and grubbing, earthwork, subgrade preparation, adjusting locations of driveways and widths of wings to meet City of Vista Standards, and installing joints per SDRSD Nos. G-9
and G-10 (“SIDEWALK JOINT LOCATIONS” and “CONCRETE JOINT DETAILS” ), will be considered as included in the square foot or lump sum price bid for “PCC Driveway Entrance” or “Alley- Type Driveway”, of each type specified, and no additional compensation will be allowed therefore.
“PCC Pavement” for private driveway or flatwork shall be measured and paid for by the square foot as stated in the BID SCHEDULE.
Quantities of “PCC Pavement” will be measured from the limit of the public PCC Driveway Entrance or public Alley-Type Driveway to the point where the new private driveway joins existing improvements, for the full width of the new driveway surface, typically on private property, or to the limits of the new PCC pavement as shown on the Plans. Full compensation for any necessary 01/13/2026
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work required to perform the construction operations specified or shown on the Plans including clearing and grubbing, earthwork, subgrade preparation, placing reinforcing steel and dowels, adjusting locations of the removal and replacement limits to match existing joints or reduce the slope of the driveway surface, adjusting the profile of the new driveway surface to join existing improvements with a smooth transition and no sharp grade breaks and installing joints per SDRSD G-9 and G-10
(
“SIDEWALK JOINT LO CATIONS” and “ CONCRETE JOINT DETAILS ” ) will be considered as included in the square foot price bid for “PCC Pavement” and no additional compensation will be allowed therefore.
PCC Sidewalk shall be measured and paid for by the square foot as stated in the BID SCHEDULE.
Quantities of PCC Sidewalk will be measured from the back of the curb to the back of the walk, and between adjacent concrete improvements covered by separate items in the bid, such as driveway entrances, curb ramps, cross gutters or alley aprons. The top surface of monolithic retaining curb with a maximum height of six inches (6”) will be included in the quantity of sidewalk. Full compensation for any necessary work required to perform the construction operations specified or shown on the Plans, including clearing and grubbing, earthwork, grading adjacent swales for drainage, subgrade preparation, placing reinforcing steel and dowels, installing joints per SDRSD Nos. G-9 and G-10
(
“SIDEWALK JOINT LOCATIONS ” and “ CONCRETE JOINT DETAILS ” ), installing under-sidewalk drain pipes through curb sleeves to the gutter and providing monolithic retaining curbs or toe curbs as shown on the Plans or where designated by the Engineer, will be considered as included in the square foot price bid for PCC Sidewalk and no additional compensation will be allowed therefore.
PCC Curb Ramp shall be constructed in strict conformance with ADA standards and shall be paid for per each as specified on the BID SCHEDULE.
The pay limit for each pedestrian access ramp (or
curb ramp) will include the area within the measurements from the back of the street curb, up to and including the twelve inch (12”) wide border at the top of the ramp (or ramps) and the ramp wings or integral curbs that make up the side of the curb ramp, which surrounds the truncated dome detectable warning surface pad. Intermediate landings within the limits of the main ramp will be included in the measurement for pedestrian access ramps (or curb ramps). Concrete flatwork for the top landings, transition areas and ramping areas outside the border surrounding the truncated domes, and additional twelve inch (12”) wide borders at the top of the secondary ramping areas will NOT be included in the measurement for pedestrian access ramps (or curb ramps), but WILL BE measured and paid for with PCC Sidewalk. If integral curbs and hand railings are required for pedestrian access ramps (or curb ramps), that work shall be included in the price paid for pedestrian access ramp (or curb ramp) as shown in the bid. Full compensation for any necessary work required to perform the construction operations specified or shown on the Plans, including clearing and grubbing, earthwork, subgrade preparation, placing reinforcing steel and dowels, constructing a landing area in the street at the bottom of pedestrian access ramps (or curb ramps), installing detectible warning surface pads, constructing integral curbs and handrails, and strictly complying with all ADA standards, will be considered as included in the per each price bid for PCC Pedestrian Access Ramp (or PCC Curb Ramp) and no additional compensation will be allowed therefore.
PCC Cross gutter shall be measured and paid for by the square foot as stated in the BID SCHEDULE.
Quantities of cross gutter will be measured along the line of the gutters and spandrels and include the monolithic curb around curb returns and across curb ramps, between adjacent concrete improvements covered by separate items in the bid, such as curb and gutter and curb ramps.
Only the top surface of the monolithic curb will be included in the measurement. Full compensation for any necessary work required to perform the construction operations specified or shown on the 01/13/2026
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Plans, including clearing and grubbing, earthwork, subgrade preparation, installing joints per SDRSD Nos. G-9 and G-10 (“SIDEWALK JOINT LOCATIONS ” and “ CONCRETE JOINT DETAILS ” ), depressing curbs for curb ramps, constructing a landing area in the spandrel at the bottom of the ramp, shaping the gutter and spandrel for proper drainage so water does not pond in front of the curb ramp landing, and water testing for proper drainage patterns, will be considered as included in the square foot price bid for PCC Cross Gutter and no additional compensation will be allowed therefore.
For other items of work that include concrete construction for which there is no bid item, the cost of such items shall be included in the related Bid Items. Full compensation for any necessary work required to perform the construction operations specified or shown on the Plans will be considered as included in the price bid for the related items of work and no additional compensation will be allowed therefore.
303-6 STAMPED CONCRETE.
303-6.2 Concrete Placement.
R
eplace the last sentence in this subsection to read as follows:
The minimum size aggregate shall be ¾”. Concrete shall be tamped before stamping.
303-6.3 Pattern.
M
odify the first paragraph in this subsection to read as follows:
303-6.3 Pattern. The stamped concrete shall be a “running bond brick” pattern. The pattern shall be implanted, indented, imprinted, or stamped into the surface by means of forms, molds, or other approved devices. The impressions shall be approximately 3/8” in width, not to exceed one-half inch (½”) in depth and be ungrouted unless otherwise specified. Expansion joints and control joints shall be located so as not to disrupt the pattern. Medians shall be stamped such that the continuous lines of the pattern are approximately perpendicular to the curb lines and the staggered lines of the pattern are approximately parallel to the curb lines.
303-7 COLORED CONCRETE.
303-7.1 General.
M
odify the first sentence to read as follows:
Colored concrete shall be Scofield pigment color “Sorrento Red #5059” produced by Method B (Integral Color) as specified below.
303-7.5 Measurement and Payment.
A
dd the following new subsection:
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303-7.5 Measurement and Payment. The payment for stamped, colored concrete shall be made at the price per square foot shown in the Bid. The Bid price shall include full compensation for all work required to stamp and color the concrete in the median strip, including, but not limited to, providing a sample before performing the work, supplying pigments and other materials, placing the colored concrete, stamping the concrete with the appropriate tools, finishing and curing the colored concrete with the required “Sorrento Red #5059” curing compound, and sealing the colored concrete per the recommendations of the colored pigment manufacturer; and all other materials, labor, and equipment necessary to properly construct all the stamped, colored concrete, and no additional compensation will be allowed.
306-5 DEWATERING.
A
dd the following paragraphs to this subsection:
The groundwater removal work shall include furnishing, installing, and operating a dewatering system capable of dewatering any excavation for any work in progress or planned, and subsequent removal of such equipment from the site.
The Contractor shall limit the area to be excavated at any one time to that area which can be properly dewatered by the equipment in use. The equipment in use shall be both capable of removing any water that accumulates in the excavation and maintaining the excavation in a dry condition while construction is in progress. The surface of the ground shall be sloped away from the excavation or temporary dikes or pipe culverts provided to prevent surface water from entering the excavation.
Disposal of the water from the dewatering system shall be in such a way as not to damage or overload the existing drainage facilities in the area. Protect from injury any portion of the Work completed or in progress, surfaces of streets, lawns or private property. No water shall be directed across a public street outside the construction limits.
All water encountered during the excavation shall be disposed of by the Contractor in such a manner as will not damage public or private property or create a nuisance or health menace. The Contractor shall furnish, install, and operate pumps, pipes, appliances, and equipment of sufficient capacity to keep all excavations free from water until the excavation is backfilled, unless otherwise authorized by the Engineer. The Contractor shall provide all means or facilities necessary to conduct water to the pumps.
Discharge of pumped groundwater shall be in conformance with the requirements of the Regional Water Quality Control Board, the County of San Diego Department of Environmental Health, the City of Vista, and other agencies having jurisdiction. The Contractor shall obtain all required permits before pumped water from naturally occurring groundwater or from rainfall is discharged to any storm drain or sewer. A means shall be provided for desilting the water before discharging it where required by the Engineer or by the terms of the discharge permits.
306-12 BACKFILL.
306-12.1 General.
A
dd the following after the second paragraph in this subsection:
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Material obtained from the project excavations may only be used as backfill after it has been determined to be acceptable and approved by the Geotechnical Engineer and the Engineer.
PART 4 – EXISTING IMPROVEMENTS
SECTION 400 – PROTECTION AND RESTORATION
400-1 GENERAL.
A
dd the following paragraphs:
The Contractor shall exercise due care to avoid injury to existing improvements or facilities, utility facilities, signage, adjacent property, trees, turf, lawn and shrubbery that are to be relocated or not to be removed.
All trees, turf, lawn, and shrubbery that are not to be removed, and pole lines, fences, signs, survey markers and monuments, buildings and structures, conduits, pipelines under or above ground, sewer and waterlines, highway or street signs and facilities, and any other improvements or facilities within or adjacent to the Work shall be protected from damage. The Contractor shall provide and install suitable safeguards to protect such objects from damage. Relocations, repairs, replacements or reestablishments shall be equal to the existing improvements and shall match such improvements in finish and dimensions unless otherwise specified as approved by the Engineer.
In addition to any requirements imposed by law, the Contractor shall shore up, brace, underpin, and protect, as may be necessary, all foundations and other parts of all existing structures, and all portions of other existing facilities including waterlines, storm drains, and sewer lines, adjacent to and adjoining the site of the Work, which are in any way affected by the excavations or other operations connected with the performance of the Work.
T
he Contractor shall maintain all existing roadside mailboxes and official signs other than those called for removal, including but not limited to directional, warning, advisory, regulatory and street markers. The mailboxes and signs shall be maintained in an erect and functional position and condition at all times during the construction period in either temporary or permanent location as designated by the Engineer. Any of these facilities which are damaged or lost shall be replaced by the Contractor at no cost to the Agency.
The Contractor shall maintain in operation all existing traffic signals and street lighting for the benefit of the public during the progress of the Work. Existing electric services, traffic signal equipment, traffic signs, and street lights that are being replaced or relocated shall remain in service until the replacement facilities are installed and operational or useable).
All costs involved in protection and restoration of existing improvements shall be included in related items of work and no additional compensation shall be allowed therefore.
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SECTION 401 – REMOVAL
401-1 GENERAL
D
elete this subsection in its entirety and replace with the following:
U
nless otherwise specified, materials removed shall be considered the property of the Contractor and shall be properly disposed of outside the Work area by the Contractor. The Work area shall be left with a neat and finished appearance.
401-2 ASPHALT CONCRETE PAVEMENT.
D
elete this subsection in its entirety and replace with the following:
Bituminous pavement and all paving fabric within the prescribed thickness to be removed shall be removed to clean, straight lines. Sawcutting of edges to be joined is required, unless the entire pavement section is removed by cold milling. Where only the surface of existing bituminous pavement is to be removed, the method of removal shall be cold milling or other method approved by the Engineer, and a minimum laying depth of one and one-half inches (1-1/2”) of new pavement material shall be provided at the edge of new pavement. Where new bituminous pavement adjoins existing pavement, either at a trench or a section where pavement has been removed or is being widened, the edges where new pavement meets existing pavement shall be trimmed to neat straight lines and cold milled a minimum of one and one-half inches (1-1/2”) deep for a minimum of six inches (6”) wide from the edge before paving or resurfacing, to ensure that all surfaces being paved or resurfaced are accessible to the rollers used to compact the subgrade or paving materials, and to provide an overlay key at the join line.
401-3 CONCRETE AND MASONRY IMPROVEMENTS.
401-3.1 Concrete Pavement.
M
odify the first two sentences of this subsection to read as follows:
Concrete pavement shall be removed to neatly sawed edges. Sawcuts shall be made to a minimum depth of three inches (3”).
401-3.2 Concrete Curb, Walk, Gutters, Cross Gutters, Curb Ramps, Driveway, and Alley Intersections.
M
odify the first sentence of this subsection to read as follows:
Concrete shall be removed to neatly sawed edges with saw cuts made to a minimum depth of three inches (3”).
Modify the last sentence of this subsection to read as follows:
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Curb and gutter shall be sawed to a minimum depth of three inches (3”), or otherwise as required to prevent damage to the adjacent concrete to remain, on a neat line at right angles to the curb face.
SECTION 402 – UTILITIES
402-1 LOCATION.
402-1.1 General.
M
odify the first sentence of the second paragraph of this subsection to read as follows:
At least two (2) Working Days (48 hours minimum), but not more than fourteen (14) days, p rior to any potholing or excavating, the Contractor shall contact Underground Service Alert of Southern California at 811-422-4133 or 800-422-4133 for a Dig Alert I.D. Number and shall ensure that all existing underground utilities have been marked by their owners prior to any potholing or excavating.
Section 4216 / 4217 of the Government Code requires a Dig Alert I.D. Number to be issued before a “Permit to Excavate” will be valid.
Replace the third, fourth, and fifth paragraph with the following:
Unless specified otherwise as previously potholed, elevations shown on the Plans for existing utilities are based on a search of record information available during the design only and are solely for the Contractor’s convenience. The Agency does not warrant the accuracy of the completeness of the location, elevation or type of existing utilities and substructures shown on the Plans. The Contractor shall pothole (or by other suitable methods) and determine the location and depth of all utilities marked by their owners, and of all service connections and laterals, which may affect or be affected by the Contractor’s operations. The Contractor shall provide all survey necessary to locate the proposed alignment for potholing purposes. Said potholing shall be done ahead of trench excavation and pipe laying such that the information on horizontal location and depth, in the form of a tabulated pothole report with utility type, stations, top of pipe elevation, and clearance from proposed facility profile, shall be given to the Engineer at least fourteen (14) Working Days ahead of trench excavation
or other construction but not greater than thirty (30) Working Days ahead of construction in that area.
The Contractor shall pothole all underground utilities which are shown on the Plans, or marked in the field by utility owners, as being within five feet (5’) horizontal distance from the edge of any planned Project sewer main or lateral, water main or service, storm drain, electrical conduit, gas main, telephone and cable TV conduit, fiber optic conduit or irrigation conduit alignment, and which are within the trench excavation section or above the planned Project facility. The potholes shall be at all crossings of each utility and at one hundred foot (100’) intervals along each parallel utility. The Contractor shall refill these potholes immediately after establishing those locations. The refilling shall conform to the relative compaction requirements for trenches. In the event obstructions not shown on the Plans are encountered during the progress of the Work which will require alterations to the Plans, or if potholing indicates utilities are located other than as shown on the Plans, the Engineer shall change the Plans and order the necessary deviation from the Project planned line and grade. The Contractor shall not make any deviation from the specified line and grade without approval by the Engineer. Should any deviations in the line and grade be permitted by the Engineer at the request of the Contractor, any additional costs for thrust blocks, valves, concrete, or other additional costs shall be borne by the Contractor. Full compensation for such work shall be considered as included in the prices bid for other 01/13/2026
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items of work. No extension of time or additional compensation will be made for delays caused by failure of the Contractor to complete necessary potholing in a timely manner. The Contractor shall bear the cost of repairing or replacing any existing facility damaged by his potholing work, and shall have affected services back in operation within four (4) hours of interruption.
402-1.2 Payment
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eplace the subsection with the following:
402-1.2 Payment. The lump sum price for Utility Potholing in the BID SCHEDULE shall include all labor, materials, and equipment necessary to perform the work and document the results, and no additional compensation will be allowed. If no bid item is shown in the BID SCHEDULE the payment is
considered to be included in the prices bid for various related items of the Work.
402-2 PROTECTION.
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odify the second paragraph to read:
T
he Contractor shall furnish and place the necessary protection at its expense to ensure support of utilities located as shown on the Plans or in accordance with 402-1. Any damage to a utility shall be repaired by the Contractor to the satisfaction of the organization owning the facility at no additional cost to the Agency. The Agency reserves the right, if so requested by the utility owner, to permit the utility owner to repair such damage, and all expenses of whatever nature arising from such damage shall be borne by the Contractor.
Modify the third paragraph to read:
U
pon learning of the existence and location of any underground utility main structures omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer and utility owner in writing. When authorized by the Engineer, support or protection of the utility main substructure will be paid for as provided in Subsection 7-3 or 7-4.
Add the following paragraph to this subsection:
D
uring construction of the Work, some of the existing utilities may fall within the prism of trenches.
If the existing utility does fall within the Contractor’s trenches, the utility involved shall be supported properly by the Contractor to the satisfaction of the utility owner. The method of support of the utility, precautions to be taken during trench backfill and compaction, etc., shall be per the utility owner’s requirements. The cost to support and protect existing utilities shall be included in the various bid items and no additional compensation shall be allowed. The Contractor shall contact the utility owner should it anticipate such exposure of any of the existing utilities.
402-4 RELOCATION.
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odify the third paragraph to read:
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The Contractor shall alter, relocate, or reconstruct all fire hydrants, traffic signal and street light pullboxes, sewer cleanouts and manholes, storm drain cleanouts and manholes, and other surface and subsurface structures owned by the City of Vista or by the City of Oceanside, or those facilities required in the Plans or Specifications to be altered, relocated, reconstructed, or adjusted to grade.
Payment for this work shall be as shown in the BID SCHEDULE. If no item is included in the Bid for this work, the cost for this work shall be included in the related items of Work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs.
All water valve covers and meter boxes owned by VID; CP Test Station covers; electrical utility vaults and transformers; gas utility valve covers; telecommunication vaults, manholes and risers; and other surface and subsurface structures, not owned by the City of Vista, or required in the Plans or Specifications to be relocated or adjusted to grade “By Others”, shall be relocated or adjusted to grade by the owner of the respective utility. The Contractor shall notify each utility owner a minimum of two (2) Working Days before commencing the Work near their facilities.
Modify the fourth paragraph to read:
T
he utility owner will alter or relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. For sewer and water services, the Contractor shall arrange for the alteration or relocation of service connections as necessary between the sewer main or the water meter and property line, or between the sewer main or the water meter and the limits of temporary construction or slope easements. In all cases of alteration or relocation of service connections, the Contractor shall notify residences being affected a minimum of four (4) hours prior to said alteration or relocation, and service connections shall be returned to service in no more than four (4) hours. Payment for the alteration or relocation of sewer or water service connections shall be as shown in the Bid Schedule. If no item is included in the Bid for this work, the cost of this relocation shall be included in the Bid for the items of Work necessitating such relocation. Payment for the relocation of other utility service connections, when directed by the Engineer, shall be in accordance with 7-3 or 7-4. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The Agency will not be involved in any such agreement.
402-6 COOPERATION.
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odify the first paragraph to read:
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he Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work. The Agency has initiated communication with the appropriate utility companies that provide for the various service connections or utility relocations and adjustments as noted on the Plans. The responsibility for coordination with utility companies will be transferred to the Contractor with the Notice to Proceed and the Contractor shall assume the responsibility for all further coordination with the utility company. The Contractor shall be responsible for maintaining contact with the utility company representatives and providing necessary effort in scheduling utility work so that delays in overall construction schedule are avoided and utility services are in place for connection upon completion of Contract construction. 01/13/2026
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Add the following paragraphs to this Subsection:
T
he Contractor shall be responsible for coordinating with utility companies and other public service agencies, as necessary, to assure timely relocation or adjustment of franchise utilities and other facilities within the specified Contract completion time. The Contractor shall schedule his work to accommodate the adjustments, relocations and / or replacements, to avoid interference with the Contractor's work. The Contractor is required to contact the following organizations (as appropriate for the Project) prior to the start of the Work for updates to the status of the utility work, and for details regarding their respective schedules and requirements (i.e. inspections, etc.).
COMPANY UTILITY CONTACT TELEPHONE EMAIL
Vista Sanitation District Sewer Ken Knatz 760-643-5416 [email protected] Buena Sanitation District Sewer Ken Knatz 760-643-5416 [email protected] City of Vista Well Water
City of Vista Storm Drain Chris Arce 760-643-5459 [email protected] City of Vista Traffic Signal Chris Arce 760-643-5459 [email protected] City of Vista Street Lights Chris Arce 760-643-5459 [email protected] City of Vista Fiber Optic Communication Chris Arce 760-643-5459 [email protected] Vista Irrigation District Water Engineering 760-597-3116 [email protected] City of Oceanside Utilities Water and Sewer Cari Dale [email protected] City of Oceanside Utilities Contracts John McKelvey [email protected] Vallecitos Water District Water and Sewer Lee Kirby 760-744-0460 [email protected] SDG&E Electric Keenon Holmes 858-654-8602 [email protected] SDG&E Gas Vincent Vargas 619-214-2961 [email protected]
SDG&E Street Lights Nicole Brodbeck 858-636-6832 [email protected] AT&T Tele Communications Kristy McClaskey 760-489-3115 [email protected] Cox Communications Tele Communications Debra Capter 619-266-5217 [email protected] Charter Communications Tele Communications Michael Estrada 619-341-0516 [email protected] Charter Communications Tele Communications Peter S. Crampton 619-207-7513 [email protected] Crown Castle Tele Communications Andrew Armstrong 760-613-4671 Andrew.armstrong @crowncastle.com NCTD Bus / Railroad Ruth H. Mbah 760-967-2834 [email protected] NCTD Bus / Railroad ALT Dept. Email [email protected]
The Contractor shall contact the organizations at the beginning of the Project, obtain information on their requirements, provide them a construction schedule that meets their requirements, update the construction schedule on a weekly basis, meet with the company representatives, provide an adequate construction window and a clear area for them to work, document meetings and coordination efforts, provide copies of all correspondence and other documentation to the Agency on a weekly basis, and perform all other necessary coordination work to the satisfaction of the organizations and the Engineer. Notifications by the Contractor shall be in writing, with proof of receipt.
Copies of each notification and proof of receipt shall be submitted to the Engineer.
SECTION 403 – MANHOLE ADJUSTMENT AND RECONSTRUCTION
403-1 GENERAL.
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odify this subsection to read as follows:
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Utility valve, manhole, and vault frames and covers within an area to be paved or graded will be set by the owners thereof to finished grade. The Contractor shall adjust all storm drain manholes, sewer cleanouts and manholes, water valve sleeves and covers not adjusted by the owner, survey monument covers and other miscellaneous facilities requiring adjustment to the finished grade, unless the adjustment is designated as “By Others”, in accordance with the Contract Documents. Existing manholes shall be ramped with a minimum of ten feet (10’) round with temporary asphalt. Temporary asphalt ramps shall be completely removed prior to asphalt overlay. The area around each manhole must be compacted prior to paving. Contractor shall be responsible to provide all riser rings, grade rings, slip cans and/or sleeves needed for adjustments. The Contractor shall coordinate with the various utility companies to ensure that the utility companies complete their adjustment work prior to the completion of the Work.
The Contractor shall exercise care so that surface materials such as rocks, dirt, and debris do not enter sewer lines, manholes, valve and cleanout sleeves, and other utility facilities. In order to prevent contamination, Contractor shall provide a three-quarter inch (3/4”) thick plywood platform to be placed on the concrete shelf at the bottom of sewer manholes prior to starting adjustment work. The shape of this platform shall conform to the circumference of the inside wall at the shelf elevation. After the manhole had been adjusted, the material accumulated on the plywood shelf along with the plywood shelf shall be removed from the manhole and disposed of in accordance with Subsection 401 (
“REMOVAL.” ) The Contractor shall remove all debris from the interior of manholes, valve covers, and cleanouts and shall clean all foreign material from the top of the frames and covers. The Contractor shall include all costs in the related items of work, and no additional compensation will be allowed.
403-2 MANHOLES IN CONCRETE PAVEMENT.
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odify this subsection to read as follows:
Manholes in asphalt concrete pavement shall be set to finish grade in accordance with provisions of 403-3. In the case of Portland cement concrete pavement, manhole frames shall be set to finish grade before paving. Repaving required as a result of reconstructing or adjusting all manhole and vault frames and covers to grade shall be the responsibility of the Contractor and the cost thereof shall be included in the bid item for pavement.
403-3 MANHOLES IN ASPHALT CONCRETE PAVEMENT.
A
dd the following paragraphs to this subsection:
T
he Contractor shall mark out and note locations of all manholes, covers, survey monuments, vaults, and other structures located at the street surface before paving operations commence. As the paving operation proceeds, the Contractor shall mark all manholes and other structures with paint for the owner’s ease in locating them in case of an emergency.
404-9 TRAFFIC SIGNAL LOOP DETECTORS.
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Add the following to this subsection:
The Contractor shall notify the Engineer a minimum of three (3) Working Days prior to the start of cold milling asphalt concrete pavement on any street containing traffic signal loop detectors.
404-10 PAVEMENT TRANSITIONS.
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odify this subsection to read as follows:
404-10 PAVEMENT TRANSITIONS. T he Contractor shall trim edges with a saw to neat straight lines at all locations where new asphalt concrete pavement is joining or overlaying existing asphalt pavement. The Contractor shall also cold mill the edge a minimum of one and one-half inches (1 1/2”) deep for a minimum of six inches (6”) wide from the existing edge before paving or resurfacing. These measures are required to ensure that all surfaces being paved or resurfaced are accessible to the rollers used to compact the subgrade or paving materials, and to provide an overlay key at the join line. All temporary structures and vertical joints in the cold-milled area which are transverse to through traffic and greater than one inch (1”) in height, shall be ramped with temporary asphalt concrete pavement as specified in Subsection 306-13.1
(“Temporary Resurfacing. ” ). Ramps shall be
constructed the same day as cold milling and removed the same day as permanent paving is installed.
Ramp dimensions and compaction shall be approved by the Engineer.
404-11 MEASUREMENT.
M
odify this subsection to read as follows:
404-11 MEASUREMENT. Q uantities of cold milling shall be measured as shown in the Bid Schedule.
404-12 PAYMENT.
M
odify this subsection to read as follows:
404-12 PAYMENT. F ull compensation for any necessary cold milling, separation of asphalt concrete and paving fabric, disposal of millings, disposal of paving fabric, and construction, removal and disposal of temporary asphalt concrete ramps required to perform the construction operations specified or shown on the Plans will be considered as included in the price bid for and no additional compensation will be allowed therefore.
500-3.3 Cleaning
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dd the following paragraphs to this subsection:
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Should hazardous waste material be encountered, the Contractor shall be responsible for developing a health and safety plan for the handling and disposal of hazardous waste. Any hazardous waste material encountered during the Project shall be placed on eight (8) mil plastic sheets and covered with eight (8) mil plastic sheets. The Contractor shall protect any hazardous waste from contaminating the area due to any surface runoff and / or precipitation. The Contractor shall dispose of the waste at a landfill approved by the Agency. If temporary stockpiling of hazardous waste is allowed by the Engineer, the Contractor shall contain the waste in a fenced area that is inaccessible to the general public.
The Contractor shall examine the site conditions to determine if pipeline re-cleaning may be necessary immediately prior to pipeline rehabilitation. Site conditions include, but are not limited to size of pipe, type of pipe, age and conditions of pipe, grade, flow conditions, weather conditions, locations and number of feeder lines connecting to the line to be rehabilitated, and the type of rehabilitation method chosen are all important considerations for determining the maximum allowable time lapse between line cleaning and line rehabilitation.
SECTION 600 – ACCESS
600-1 GENERAL.
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dd the following paragraphs to this subsection:
The Contractor shall make every effort to keep driveways open during working hours. After hours all driveways shall be accessible with smooth and safe crossings through the construction.
In addition, two-directional traffic must be maintained at all times.
In general, only one (1) lane of traffic in each direction may be closed at one (1) time.
Vehicular lane and bicycle lane closures will only be al lowed between the hours of 8:30AM and 3:30PM to avoid impacts on commuter traffic and to avoid impacts to the adjacent businesses, local residences and schools.
Other conditions such as pedestrian access and the presenc e of schools or other special traffic and pedestrian generating facilities may affect the working hours.
600-3 PEDESTRIAN ACCESS.
Add the following paragraph to this subsection:
Sidewalks through the work area may be closed tempora
rily as long as alternate pedestrian access
through the adjacent area or on the opposite side of the street is available at ALL times. The work must be phased so that pedestrian access is maintained at ALL times along street segments and through intersections. This includes performing construction activities only one side of a street 01/13/2026
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segment at a time or on one corner of an intersection at a time to ensure that pedestrian access through the street segment or the intersection is always maintained.
For the Solar Streetlight Project, pedestrian access to any School must be maintained while school is in session. Sidewalks adjacent to the school, curb ramps at the intersection, and crosswalks at the intersection may be closed temporarily during the summer or breaks when school is not in session, at night, or on the weekend. The work must be phased so that pedestrian access is maintained at ALL times along the school-side of the street and across the intersection. This required phasing includes performing construction activities while school is not in session, performing work on only one portion of the street at a time, performing work on only one corner of the intersection at a time, providing temporary ramps and walkways, providing access to the school along alternate access routes acceptable to the Engineer and the School District, and any other work required to ensure that safe pedestrian access is always maintained.
SECTION 601 – TEMPORARY TRAFFIC CONTROL FOR CONSTRUCTION AND MAINTENANCE
WORK ZONES
601-1 GENERAL.
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dd the following paragraphs to this subsection:
The Contractor shall prepare and submit a traffic control, construction phasing, and detour plan for approval by the Agency, showing how traffic and access will be maintained during the work.
At least two (2) lanes of traffic, one in each direction, must be kept open during construction periods on all streets. The Contractor shall furnish, install and maintain all necessary and appropriate signing and striping for lane closures to accommodate the work zone.
Emergency vehicles shall be permitted to pass through the work area without delay at all times.
Work shall be performed in a portion of the street section while the remainder of the street section is kept open and unobstructed until the newly-constructed improvements are ready for use by traffic.
The Contractor shall phase the removal operations so as to maintain the specified traffic lanes on existing pavement until sufficient new pavement is constructed to accommodate the traffic requirements. A smooth, even surface and a condition satisfactory for traffic shall be maintained on the portion of street where the two-directional traffic is being maintained.
The Contractor shall cooperate with local authorities relative to handling local traffic and providing access to necessary services through the area and shall make his own arrangements relative to keeping the working area clear of parked vehicles.
If temporary ‘No Parking’ zones are part of the approved Traffic Control Plan, the Contractor shall be responsible for furnishing and posting temporary ‘No Parking’ signs a minimum of forty-eight (48) hours in advance of work. Signs shall have the correct legend and any other necessary information such as hours of the day; days of the week; dates that the temporary ‘No Parking’ zone applies; and citation of the applicable section of the California Vehicle Code or the Vista Municipal Code. Signs shall be posted at one-hundred foot (100’) maximum intervals along the approved temporary ‘No 01/13/2026
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Parking’ zone. Signs may be attached to existing sign and street light poles in the public right-of-way as approved in the Traffic Control Plan. When necessary to meet the spacing requirement or to ensure sign visibility, the Contractor shall furnish posts or barricades. The Contractor is responsible for the removal of all temporary “No Parking” signs and fasteners or tape used after the Work is completed on each street or alley.
The Contractor shall be responsible for furnishing and posting temporary ‘No Parking’ signs along all streets approved for closure. In addition to other requirements for temporary “No Parking” signs, “No Parking” signs for temporary road closures shall be posted at one-hundred foot (100’) maximum intervals on each side of the street to be closed, at all intersections, and ends of all cul-de-sac streets.
Implementation of traffic control devices per the approved Traffic Control Plan may not begin each workday before the hours specified on the approved Traffic Control Plan. In addition, construction work must be stopped before the end of the approved work period to allow sufficient time for all traffic control devices to be removed and for other devices and measures to be in place and operational as shown on the approved Traffic Control Plans within the specified time restrictions. The Contractor shall make adjustments to the construction staging and provide any required improvements or additional facilities, including temporary trench steel plate covers, temporary asphalt concrete pavement, barricades and delineators, and temporary signing and striping, which are necessary to make the work site functional and safe at all times. Improvements and facilities necessary to make the work site functional and safe shall be submitted to the Agency’s Traffic engineer for approval as part of the Traffic Control Plan.
Adequate drainage facilities shall be provided to maintain the traveled pavement surface in a condition free from ponding or running water. Water shall not be diverted from existing courses or allowed to pond on private property without the explicit permission, in writing, from the property owner.
Trenches in streets open to traffic shall be provided with temporary pavement surfacing, to maintain a smooth paved travel surface, if the street is not to be provided with permanent pavement surfacing within forty-eight (48) hours after pavement removal. Trench steel plate covers shall not be left in place longer than four (4) consecutive Working Days.
601-2 TEMPORARY TRAFFIC CONTROL PLAN (TCP).
601-2.1 General.
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dd the following paragraphs to this subsection:
The Contractor shall be prepared to discuss the traffic control plan and issues related to traffic control and access at the Pre-Construction Meeting. The Contractor shall submit traffic control plans for approval per Subsection 3-8.4 (“Supporting Information.”) at least ten (10) Working Days prior to commencement of work. All phases of the traffic control plans shall be prepared by a California licensed Traffic Control Services Consultant (C31 Contractor’s License – Construction Zone traffic Control Contractor) or a California registered Civil or Traffic Engineer and performed in conformance to the requirements of the latest editions of the California Manual on Uniform Traffic Control Devices (CA MUTCD) for Streets and Highways, Caltrans Standard Specifications and Standard Plans, the Traffic Control Plans included in the latest edition of the San Diego Regional Standard Drawings (SDRSD), and the WATCH Manual (Work Area Traffic Control Handbook). No work shall commence 01/13/2026
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until this plan and each construction phase of the Work that significantly affects existing traffic operations has been reviewed and approved by the Engineer.
The Contractor’s Traffic Control Plan shall list the Working Days and Hours scheduled for each street and each phase of the work, as described in these Specifications.
The relocation and / or installation of traffic and / or parking signs and other directional signage, as required on the Plans, shall conform to the City of Vista Standards, the California Manual on Uniform Traffic Control Devices (CA MUTCD), Caltrans Standard Plans and Standard Specifications, San Diego Regional Standard Drawings (SDRSD), and all current ADA regulations All signs, including those to be relocated or replaced, need to have their new locations approved by the Traffic Engineering Division of the Engineering Department before placement. If not otherwise specified, the work required for Traffic Striping and Signing shall conform to these specifications and those in Section 314.
All signing, including “DETOUR AHEAD” signs and “OPEN DURING CONSTRUCTION” signs shall be proposed by the traffic control plan. The Engineer may direct alteration of the above sign messages and locations.
All traffic lanes shall have a minimum width of eleven feet (11’) unless otherwise specified. In addition to the lane width specified herein, the Contractor shall maintain a clearance of two feet (2’) feet to curbs, barricades, and other vertical obstructions.
It shall be the Contractor's responsibility to notify the appropriate utility companies listed in these Project Specifications and the other agencies listed below, at least two weeks in advance, when access to the public right-of-way is altered in any way. Notifications by the Contractor shall be in writing, with proof of receipt. Copies of each notification and proof of receipt shall be submitted to the Engineer.
UTILITY COMPANY / AGENCY PHONE NUMBER
City of Vista Fire Department (Business Office) 760-643-2801 San Diego County Sheriff’s Office (Non-emergency) 760-940-4551 EDCO Waste and Recycling Company (Customer Service) 760-727-1600 City of Vista Engineering Inspection (24 hour answering machine)
760-639-6113
City of Vista Building Division 760-639-6105
City of Vista Building Inspection Request Line (24 hour answering machine)
760-639-6106
City of Vista Parks and Community Services 760-639-6151 North County Transit District (Monica Coria) 760-967-2851 Vista “Out and About” transit service 760-639-6161 x 1537 Vista Unified School District (Maintenance, Operations & Grounds)
760-726-2170 x 92702
United States Post Office (Vista, CA branch) 800-275-8777
601-2.2 Payment.
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dd the following paragraph to this subsection:
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Full compensation for developing and maintain (single or multi-phase) Traffic Control Plan and Construction Staging and furnishing Project traffic control, including the cost of all barricades, signs, all variable message signs, tools, equipment, incidentals, flagmen, providing notices, asphalt concrete and aggregate base for temporary resurfacing (and its removal), temporary conflicting traffic stripe application and grinded
removal, trench steel plate cover installation and removal, and any other safety measures used for the control of traffic, any temporary rerouting of traffic or maintenance of access to properties during the Project construction period shall be paid for by the lump sum price bid as shown on the BID SCHEDULE and no additional compensation will be allowed.
PART 7 – STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS
SECTION 700 – MATERIALS
700-1 GENERAL.
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dd the following paragraph to this subsection:
All electrical components and electrical materials providing and / or using electrical service shall conform to all applicable City of Vista standards / ordinances, SDG&E Standards, Caltrans Standard Specifications, Caltrans Standard Plans, and the City of Vista Guidelines for the Preparation of Traffic Signal Design Plans.
700-3 COMMON COMPONENTS.
700-3.5 Conduit.
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dd the following sentence to this subsection:
Conduit shall conform to the provisions in Subsection 86-1.02B, "Conduit and Accessories" of the Caltrans Standard Specifications and these Special Provisions.
700-3.5.2 Rigid Metallic Conduit.
R
eplace the first sentence in this subsection with the following:
Conduit and conduit fittings shall be Type 1 (Hot-dip galvanized rigid steel) and, unless otherwise stated, a minimum standard two inches (2”) in diameter.
700-3.7 Pull Boxes.
D
elete this subsection in its entirety and replace with the following:
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700-3.7 Pull Boxes. P ull boxes shall conform to the provisions in Subsection 86-1.02C(2), “Nontraffic Pull Boxes ” , Subsection 86-1.02C(3), “ Traffic Pull Boxes ” and Subsection 86-1.02C(4) “Tamper Resistant Pull Box” of the Caltrans Standard Specifications and these special provisions.
Pull boxes and covers shall be precast reinforced concrete except when the box is subjected to vehicular traffic loads. Steel reinforcing shall be as regularly used in the standard products of the respective manufacturer.
Cover marking on all new traffic signal pull boxes shall be “Traffic Signal” for traffic signal systems and “Lighting” for street light systems. The marking text shall be between one to three inches (1”-3”) high. Enclosures, covers, and extensions shall be concrete gray color. All covers shall have two (2)
0.375” brass or stainless steel stud bolts with nuts and washers recessed into the cover for securing the cover to the box. Pull box covers shall not contain hold-down bolts or hold-down bolt holes.
Unless otherwise stated, fiber-optic interconnect pull boxes shall be standard size 6E (with extension). All fiber optic pull box lids shall be concrete, one-piece lids. Fiber optic pull box covers shall be marked with the words “SIGNAL COMMUNICATIONS” or “SIGNAL COMMS”.
700-5 TRAFFIC SIGNAL MATERIALS.
700-5.3 Conductors and Cable.
700-5.3.4 Fiber Optic Cable.
700-5.3.4.1 General.
A
dd the following paragraph to this subsection:
All fiber optic cable on this project shall be from the same manufacturer, who is regularly engaged in the production of this material. The glass used shall be manufactured by Corning or equivalent approved by the Engineer. The Contractor shall submit to the Engineer for approval a certification that the Manufacturer has been engaged in the production of this material for a minimum of three (3) years.
700-5.3.4.1.1 Overview of Fiber Optic Cable Plant.
A
dd the following new subsection:
700-5.3.4.1.1 Overview of Fiber Optic Cable Plant. This section is intended to provide an overview of the fiber optic cable plant to be installed as part of this project. The plans and all other sections of the specifications shall take precedence over this overview in the event of any conflicts.
This project involves the installation of multi-strand single mode fiber optics cable in new communications conduit. The project plans specify the exact fiber count to be installed in each trunk conduit section.
For the purposes of testing, all fiber strands shall be fusion spliced to factory terminated pigtails within a fully ST populated 48 position FDU located in a McCain Traffic Supply 332 Fiber Optic Data Node. All pigtails shall be factory terminated shall be spliced into pigtails terminated with ST connectors. Jumpers as needed to connect the Fiber Optic Cable from the 332 NODE to the Control 01/13/2026
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Center equipment shall be provided. These pigtails shall be a minimum of 20’ in length. The 332 Node shall be utilized to test the fiber optic cable plant to be installed as part of this project. In addition, all data transceiver and other fiber optic electronics shall be tested at this point prior to connection to the control center by others.
The following is a glossary of terms, which are subsequently utilized in this specification:
Breakout: A "breakout" cable shall be produced by (1) removing the jacket just beyond the last tie-wrap point, (2) exposing 3’ to 6’ of the cable buffers, aramid strength yarn and central fiberglass strength member, and (3) cutting the aramid yarn, central strength member and the buffer tubes to expose the individual glass fibers for splicing or connection to the appropriate device.
Connector: A
mechanical device used to align and join two (2) fibers together to provide a means for attaching to and decoupling from a transmitter, receiver, or another fiber (patch panel).
Connectorized: A term that describes the termination point of a fiber after connectors have been affixed.
Couplers: C ouplers are devices which mates two (2) fiber optic connectors to facilitate the transition of optical light signals from one connector into another. Couplers may also be referred to as: adapters, feed-thrus, and barrels. They are normally located within FDFs mounted in panels. They may also be used unmounted, to join two (2) simplex fiber runs.
EIA: S tands for Electronic Industries Association.
Fiber Distribution
Unit (FDU): A combination of the Connector Module Housing (CMH) and the Splice Module Housing (SMH) in the same enclosure.
Jumper: A short fiber optic cable that has connectors installed on both ends, and is used for connection within a FDF.
Light Source: A transportable piece of fiber optic test equipment that, when coupled with a power meter, is used to perform end-to-end attenuation testing. This device contains a stabilized light source operating at the designed wavelength of the system under test. It also couples light from the source into the fiber to be received at the far end by the receiver.
Link: A
passive section of the system, the ends of which are to be connected to active components. A link may include splices and couplers.
Mechanical Splice: A device that permanently joins fiber ends to identical or similar fibers.
Mechanical splices are not to be permanently utilized on this project.
Optical Time Domain
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Reflectometer
(OTDR): A piece of fiber optic test equipment similar in appearance to an oscilloscope that is used to measure the total amount of power loss between two (2) points.
This test instrument provides a visual and printed display of the relative location of system components such as fiber sections, splices and connectors as well as the losses that are attributed to each component.
Patchcord: A short jumper.
Pigtail: R elatively short length of fiber optic cable that is connectorized on only one (1) end.
Power Meter: A transportable piece of fiber optic test equipment that, when coupled with a light source, is used to perform end-to-end attenuation testing. It contains a detector that is sensitive to light at the designed wavelength of the system under test. Its display indicates the amount of power injected by the light source that arrives at the receiving end of the link.
Segment: A section of fiber optic cable that is not connected to any active device and may or may not have splices per the design.
Splice Closure: A container used to organize and protect splice trays. The container allows splitting or routing of fiber cables from multiple locations. The container is environmentally sealed to protect the fibers.
Splice Module
Housing (SMH): T
he SMH stores splice trays as well as pigtails and short cable lengths.
Splice Tray: A container used to organize and protect spliced fibers.
Splice Vault: A box with a minimum inside clearance of 30”W x 60”L x 30”D which is used to house splice closures.
700-5.3.4.1.1.1 Single Mode Fiber Optic Outside Plant Cable - General.
A
dd the following new subsection:
700-5.3.4.1.1.1 Single Mode Fiber Optic Outside Plant Cable - General. Each trunk fiber optic cable for this project shall be waterblocked, loose tube, all-dielectric, gel-free and contain single mode (SM) dual-window (1300 nm and 1550 nm) fibers as shown on the Plans and shall conform to these special provisions.
The cable shall comply with all the requirements of the United States Department of Agriculture Rural Electrification Administration specifications REA-PE-90.
700-5.3.4.1.1.2 Fiber Optic Equipment – Quality Assurance. 01/13/2026
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dd the following new subsection:
700-5.3.4.1.1.2 Fiber Optic Equipment – Quality Assurance. All work and material described in this section shall meet or exceed the applicable provisions of the following documents:
• CFR 1755.900, RUS Specification for Filled Fiber Optic Cables • ANSI, C8.47-1983, American National Standard for Polyolefin-insulated Thermoplastic Jacketed Communication Cables
• EIA-455-27A, Method of Measuring (Uncoated) Diameter of Optical Waveguide Fibers • EIA-455-28B, Method For Measuring Tensile Failure Point of Optical Waveguide Fibers • EIA/TIA-455-82A, Water Penetration Test
• EIA-455-95, Absolute Optical Power Test for Optical Fibers and Cables • EIA-455-103, Buffered Fiber Bend Test
• EIA-359-A-1, Special Colors
700-5.3.4.7 Fiber Optic Node Transceiver.
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dd the following new subsection:
700-5.3.4.7 Fiber Optic Node Transceiver. T he Fiber Node Optic Transceiver shall be micro- processor based and shall be configurable as a fully redundant, fault tolerant, self-healing ring configuration, that provides for un-interruptible communications between network node transceivers, even if a fiber break occurs between one or more transceivers in the ring.
The Fiber Optic Node Transceiver shall operate with single mode fiber at 1310nm. The optical connector shall be ST type.
The Fiber Optic Transceiver shall have AUTOMATIC GAIN CIRCUITRY (AGC) allowing for back to back dynamic range operation for light budgets of up to 30 dB. NO IN-LINE ATTENUATORS WILL BE ALLOWED.
The Fiber Optic Node Transceiver shall be capable of operating from -29°F to 165°F.
The Fiber Optic Node Transceiver shall be compatible with the Agency’s local traffic signal control and central traffic system control software. The Fiber Optic Node Transceiver shall have a female DB25 connector and shall be compliant with EIA RS-232D \ EIA RS422. A cable shall be provided with each Fiber Optic Transceiver when connected to a 170 controller C-2 port.
The Fiber Optic Node Transceiver shall have a built in Network Management System. Each Transceiver shall be addressable and shall be capable of monitoring the status of any Transceiver from any Transceiver in the Network through the NMS interface port. The NMS shall monitor the condition of the fiber ring, data transmission and the condition of the NMS. Configuration of all Transceivers in network may be done directly from the MASTER FIBER OPTIC TRANSCEIVER or from a LOCAL FIBER OPTIC TRANSCEIVER. All software required for the Network Management System shall be supplied with the Fiber Optic Node Transceiver. All Fiber Optic Transceiver Network Management 01/13/2026
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System functions shall be transparent to the Agency’s central and local traffic signal software and therefore have no effect on the system while utilizing the NMS functions.
The data transceiver installation shall include all mounting hardware necessary to mount it 72” tall. Nineteen inch (19”) EIA rail Rack Enclosure with removable side panels, solid rear door, smoked plexi-glass front door and rollers. The Transceivers in the Rack Enclosure will be chassis-mounted.
The size and mounting arrangements shall be consistent with the space available. It shall be mounted in a manner that allows easy access to all connections and indicators.
The data transceiver shall operate over a temperature range of -29°F to 165°F.
Power shall be supplied from an existing 120 VAC ±5 percent, power source. The data transceiver shall include a power supply, which may be external to the transceiver. The power supply shall supply all voltages required by the transceiver for operation, and panel indicators visible from the front of the transceiver that show power on and received optical signal present.
The Contractor shall perform pre-installation testing to verify that the transceiver and transceiver are compatible, meet manufacturer’s specifications and the requirements of these specifications.
The Contractor shall furnish and install a power supply, as recommended by the manufacturer, to power to the data transceiver.
700-5.4 Controllers.
700-5.4.4 Components.
700-5.4.4.4 Connectors.
A
dd the following new paragraphs to this subsection:
The fiber optic connectors shall be the ceramic ferrule ST type for single mode applications.
All fiber optic connectors shall be the 0.1” ST connector ferrule type with Zirconia Ceramic material with a PC (Physical Contact) pre-radiused tip.
The ST connector operating temperature range shall be -40°F to +176°F. Insertion loss shall not exceed 0.4 dB and the return reflection loss on single mode connectors shall be at least 40 dB.
Connection durability shall be less than a 0.2 dB change per 1000 mating cycles. All terminations shall provide a minimum fifty pound (50 lb.) pull-out strength.
700-6 Traffic Signal Street Name Signs.
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dd the following new subsection:
700-6 Traffic Signal Street Name Signs. Street name signs on Traffic Signals shall be single-faced, single-sheet, framed aluminum signs with Diamond Grade 3 reverse-screened reflective sheeting, per City of Vista Standard Drawings TRF-03A through -03E.
Street name (or message) on the sign shall be
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as indicated on the Plans, or as specified. One street name sign shall be installed on the mast arm of the signal for each direction of travel.
SECTION 701 – CONSTRUCTION
701-4 DAMAGE TO EXISTING SYSTEMS.
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dd the following paragraph to this subsection:
No payment shall be made for incidental repairs needed to improve surfaces or landscaping required for the construction and installation of these systems. Costs for any such efforts shall be included in the cost of related items themselves listed within the bid items.
701-8 FOUNDATIONS, FOUNDATION CAPS AND SLABS.
701-8.6 Payment.
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eplace this subsection with the following:
701-8.6 Payment. Payment for foundations, including protection devices, bolt circles, and reinforcement, foundation caps, and slabs, shall be considered as included in the Contract Unit Price or lump sum price in the Bid for the work that required foundations, foundation caps, and slabs.
701-10 STANDARDS, PEDESTALS AND MAST ARMS.
701-10.4 Payment.
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eplace this subsection with the following:
701-10.4 Payment. Payment for Standards and/or mast arms or pedestals shall be considered as included in the Contract Unit Price or lump sum price in the Bid for the work that required Standards, mast arms or pedestals.
701-11 PULL BOXES.
701-11.1 General.
A
dd the following sentence to b) after the fourth paragraph:
Pull boxes shall not be located in or within one foot (1’) of any part of any curb ramp (sloped portions of the ramp; wings; grooves; or landings).
Replace the seventh paragraph with the following:
The Contractor may, at its own expense and subject to the approval of the Engineer, install additional pullboxes or use a larger standard size than that shown or specified, to facilitate the Work.
Add the following paragraphs after the seventh paragraph:
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When pull boxes within the limits of concrete work are being relocated or adjusted to grade, new pull boxes and covers to match the existing pull box shall be furnished and installed by the Contractor.
If a larger pull box is needed to better accommodate the existing wires or conduit, the Contractor shall furnish and install the larger size pull box as directed by the Engineer.
Fiber optic pull boxes that are being adjusted to grade or relocated must be reconstructed like a new pull box.
When a pull box is subjected to vehicular traffic load, the cover shall be steel embossed with a non-skid pattern. Steel covers have a thirty-six inch (36”) minimum length bonding jumper attached to the systems ground. The box shall rest on a cast in place six inches (6”) wide by six inches (6”) deep minimum concrete footing around the full perimeter of the box.
Pull boxes in existing or future sidewalk areas shall be placed at sidewalk elevation. If there is no existing or future sidewalk in the area and an elevation is not shown on plans, pull boxes shall be set at the same elevation as adjacent signal standard base, service cabinet base or signal controller cabinet base. Pull boxes shall be five feet (5’) from base or as shown on the plans. The pull box elevations for pull boxes installed in median areas shall match the slope of the two adjacent curbs.
The pull box elevation for pull boxes installed in planting areas adjacent to sidewalk or sidewalk area shall be at sidewalk grade. Pull box elevation shall be one-tenth of a foot (0.1’) above finished grade for all other areas unless elevation is shown on plans or otherwise directed by the Engineer.
When pull boxes are placed in dirt and planting areas, a concrete collar shall be constructed around the pull box. The top of the pull box shall match slope of the adjacent top of curb. The surface elevation of the collar shall match the surface elevation of the pull box and slope away from the pull box at a rate of 1:50 (2% slope). The width of the collar shall be twelve inches (12”) wide and three and one-half inches (3-½”) in depth.
The Contractor shall clean all pull boxes entered for installation of conduit or wire of all dirt and debris. All pull box lids damaged by Contractor operations shall be replaced at his/her expense. The wiring in these pull boxes shall be neatly bundled, recoiled and reinstalled in the box.
Where existing pull boxes are removed and adjusted to grade, or replaced with new larger boxes, the existing conduits within which the conductors or cables are installed shall be cut back to within two and one-half inches (2-½”) of the edge of the new box. When the conduits are cut, the existing cables or conductors must either be removed or well protected. The ends of the cut conduits must have bushings placed on them. The bushings can be threadless. The existing conductors or cables shall be re-routed to fit in the pull box.
Removed pull boxes shall become property of the Contractor and shall be removed from the project. Removed pull boxes within an improved surface such as concrete sidewalks, will replaced with the improved surface in kind, using methods described within these specifications.
701-11.3 Payment.
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eplace this subsection with the following:
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701-11.3 Payment. Payment for pull boxes shall be considered as included in the Contract Unit Price or lump sum price in the Bid for the work or items that required pull boxes and no additional compensation shall be allowed.
701-12 CONDUIT.
701-12.1 General.
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dd the following paragraphs:
Conduit shall conform to the provisions in Subsection 86-1.02, "MATERIALS" , 87-1.03B, “Conduit Installation” o f the Caltrans Standard Specifications and these Special Provisions.
All conduit placed under the roadway shall be installed by jacking or drilling methods as provided in Subsection 87-1.03B, “ Conduit Installation” of the Caltrans Standard Specifications. The “Trenching in Pavement Method” may be allowed at the discretion of the Project Engineer or Inspector such as in the event of obstructions or utility conflicts and provided that traffic delay will not exceed five (5) minutes. Depth of trenches for conduit installation shall be thirty inches (30”) minimum depth to top of conduit unless otherwise approved by Project Engineer or Inspector.
Conduit shall have a maximum 45-degree sweep. The minimum conduit bend radii shall be twelve (12) times the cable diameter or twelve inches (12”) minimum. At locations where existing conduit is to be used that does not meet these requirements for sweep and bend radii, conduit shall be replaced with new sweeps or bends with minimum radii.
With the exception for bends to and from pull boxes and foundations the conduit shall run straight and true so that cable pulling forces are minimized.
After cables have been installed, the ends of conduits terminating in pull boxes and/or controller cabinets will be sealed with an approved type of sealing compound.
Cement slurry and trench backfill to be placed as described within these specifications.
Existing conduit to be incorporated into a new system shall be cleaned with cylindrical wire brush, the proper size mandrel shall be verified by the Engineer and the conduit shall be blown out with compressed air. Both old and new cables shall be pulled into the conduit as a unit or as directed by the Engineer.
If pull boxes for traffic detector loops are relocated or adjusted to grade, new conduits shall be installed under the curb and gutter to provide access to the detector loop wires in the street.
Where conduit is installed in sidewalk and walkway areas the Contractor shall replace the sidewalk or walkway paving at the existing joint lines. The replacement surfacing shall match line, grade and material of the adjacent surfaces. This unit Contract price shall include the repair of all concrete, improved surfaces, damaged landscape features, and replacement of existing conduit.
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701-12.4 Rigid Non-Metallic Conduit.
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eplace the second sentence with the following:
A separate No. 8 AWG, solid bare ground wire and a pull rope conforming to Subsection 700-3.6 (“Pull Tape or Rope.” ) shall be inside at the time of installation.
701-12.7 Payment.
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eplace the first paragraph of this subsection with the following:
Payment for conduit shall be considered as included in the Contract Unit Price or lump sum price in the Bid for the work that required conduit and no additional compensation shall be allowed.
701-16 STREET LIGHTING CONSTRUCTION.
701-16.1 General.
A
dd the following paragraph(s) to this subsection:
T
he Contractor shall submit to the Engineer for approval shop drawings for the street lighting system, showing all necessary information for construction, including, but not limited to, wiring type and size, conduit type and size, fuses, grounding, pull box size and location, pole type and size, pole foundation type and size, orientation of handholes and access points, connections, and voltage drop calculations. The Contractor shall incorporate the shop drawings into the Record Drawings, showing all the information required by the City of Vista LED Street Light Standard Drawings ELE-01A through ELE-01C,
and ELE-02A through ELE-02G.
The Contractor shall supply all materials, labor, tools and equipment required to install the street lights at the locations indicated on the Plans. The Contractor shall salvage the existing street lights pole(s) shown on the Plans to be relocated and remove the foundation. The Contractor shall deliver any salvaged equipment to the Agency’s storage yard on Lupine Hills Drive. Terminations for street or parking lot lights to be removed and salvaged or relocated shall be in accordance with the National Electric Code. To avoid any live wires remaining in service, the entire length of wire extending to street light(s) being removed shall be disconnected at the power supply (to the street light being removed only) and removed from the site. Complete restoration of affected surface improvements shall be required.
701-16.7 Luminaires.
701-16.7.4 Payment.
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eplace this subsection with the following:
701-16.7.4 Payment. P ayment for luminaires and all related equipment and labor shall be considered as included in the related items of work that required luminaires and no additional compensation shall be allowed.
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701-16.8 Payment.
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dd the following new subsection:
701-16.8 Payment. P ayment for street lighting system installation shall be at the Contract Unit Price or lump sum price in the Bid, complete in place and fully functional. The work includes, but is not limited to, performing all necessary sawcutting, clearing and grubbing, structure excavation, trenching, concrete structure construction, backfilling, fine grading, removals, disposals, testing, energizing, and supplying and installing all conduit, wiring, foundations, and all other required appurtenances, and performing all other work required to produce a complete and fully functional system(s) including final connections to electrical panels, energizing, and testing, as shown on the Plans and as specified herein. If no bid item is included, payment for the work shall be considered included in the related items of work, and no additional compensation will be allowed.
Payment for street lighting system modifications shall be at the Contract Unit Price or lump sum price in the Bid, and shall constitute full compensation for all materials, labor, equipment, tools, design engineering and shop drawing preparation, coordination with SDG&E, obtaining City of Vista Electrical Permit, salvaging existing street light pole as shown on the Plans, obtaining Agency-supplied materials and equipment, supplying all other materials needed for a complete installation, clearing and grubbing, earthwork, trenching, foundation work, obtaining approval from SDG&E, record of drawings, and all other work and incidentals necessary to properly construct and design a complete and fully functional street lighting system(s), and no additional compensation will be allowed. If no bid item is included, payment for the work shall be considered as included in related items of work, and no additional compensation will be allowed.
PART 8 – LANDSCAPING AND IRRIGATION
SECTION 800 – MATERIALS
800-1 LANDSCAPE MATERIALS.
M
odify this subsection to read as follows:
800-1 LANDSCAPE MATERIALS. A ll landscape materials shall conform to all applicable City of Vista Standard Specifications for landscaping (see list of Appendices in Table of Contents). If not otherwise specified in the City of Vista Standard Specifications for landscaping, landscape materials shall conform to the Greenbook, the San Diego Regional Supplement to the Greenbook, and these specifications.
800-1.1 Topsoil.
800-1.1.1 General.
D
elete this subsection in its entirety and replace with the following:
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All topsoil shall be Class “A” (“imported”), as specified herein.
800-1.2 Soil Fertilizing and Conditioning Materials.
800-1.2.5 Mulch.
D
elete this subsection in its entirety and replace with the following:
All mulch shall be Type 1 (ground wood product) as specified herein.
800-1.5 Headers, Stakes, and Ties.
800-1.5.2 Headers and Stakes.
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eplace the first paragraph in this subsection with the following:
Headers shall be two inch by four inch (2” x 4”) inch composite wood (similar to “Trex”) except that two one inch by four inch (1” x 6”) boards shall be supplied for laminations on turns and curves.
Header stock shall be supplied in lengths of at least ten feet (10’). Stakes for headers shall be pointed one and one-half inch by eighteen inch (1-½” x 18”) long of one-quarter inch (¼”) thick steel and be set at three feet (3’) on center with stakes located within one foot (1’) of both ends of each header.
Header joint splicing shall use four inch x six inch (4” x 6”) galvanized steel truss plates.
800-2 IRRIGATION SYSTEM MATERIALS.
M
odify this subsection to read as follows:
800-2 IRRIGATION SYSTEM MATERIALS. A ll irrigation materials shall conform to all applicable City of Vista Standard Specifications for irrigation (see list of Appendices in Table of Contents). If not otherwise specified in the City of Vista Standard Specifications for irrigation, irrigation materials shall conform to the Greenbook, the San Diego Regional Supplement to the Greenbook, and these specifications.
800-3 ELECTRICAL MATERIALS.
800-3.1 General.
A
dd the following paragraph to this subsection:
All electrical materials used for irrigation shall conform to all applicable City of Vista Standard Specifications for electrical materials for irrigation. If not otherwise specified in the City of Vista Standard Specification for electrical irrigation systems, electrical materials used for irrigation shall conform to the Greenbook, the San Diego Regional Supplement to the Greenbook, and these specifications.
SECTION 801 – INSTALLATION
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801-1 GENERAL.
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odify this subsection to read as follows:
801-1 GENERAL. The surface preparation, construction of irrigation system for landscape areas, and installation of plants required by the Plans shall conform to the City of Vista standard special provisions for landscaping and irrigation , Technical Provisions from these specifications shall take precedence over other specifications.
The Contractor shall replace / restore all existing landscaping, sod, topsoil, and irrigation disturbed during the course of construction activities. All replacement of sod shall be of the same type as existed and as approved by the Engineer.
All replacement and new installation of landscape and irrigation shall be of the same type, size, caliper, and spacing as existing and as approved by the Engineer. All areas disturbed by construction, not covered by sidewalk or paved materials shall be landscaped and irrigated in accordance with these Technical Provisions.
All new landscaping shall be planted on salvaged topsoil or new Class A imported topsoil for a depth of twelve inches (12”) as approved by the Engineer.
During surface clearing operations, the Contractor shall not cover or bury any plant growth or other objectionable materials on public or private property. If the Contractor cannot successfully separate the plant growth from the surface soil and advertently or inadvertently mixes organic or other objectionable materials with the soil, the soil so contaminated shall be removed from the site by the Contractor. All costs, if any, associated with removing the soil mixed with organic or other objectionable materials and importing soil to replace said contaminated soil shall be borne by the Contractor and no additional payment shall be made to the Contractor.
The Contractor shall coordinate the removal and reconnection of the existing irrigation system with the property owner. As soon as the improvements in the area where portions of the existing irrigation system had been removed are completed, the Contractor shall reconnect and adjust the irrigation heads so that irrigation may commence. Reconnection may entail replacement and reconfiguration of sprinkler heads for appropriate irrigation coverage. The Contractor shall sufficiently irrigate areas of existing landscaping that are not being irrigated by the compromised irrigation system during the shutdown period.
Any irrigation facilities removed or adjusted for the construction of the sidewalk or other work shall be replaced, relocated, or re-configured with similar materials approved by the Engineer, so that the irrigation system is fully functional and appropriate for the landscaping being irrigated.
801-3 HEADER INSTALLATION.
801-3.1 Composite Wood Landscape Edging Installation.
A
dd the following new subsection:
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801-3.1 Composite Wood Landscape Edging Installation. Material for landscape edging installation shall conform to Subsection 212-1.5.2.
A] Preparation: Ensure that all underground utility lines are located and will not interfere with the proposed edging installation before beginning work. Locate border line of edging with string or other means to assure border straightness and curves as designed. Dig trench one inch (1”) deeper than set of edging bottom.
B] Set edging into trench with top at one-half inch (1/2”) above compacted finish grade on turf side. Drive stakes through edging pre-cut holes toward turf until locked in place. Requires five (5) stakes evenly spaced for each twenty feet (20’) section, or three (3) stakes evenly spaced for each eight feet (8’) section. Provide additional stakes at approximately twenty-four inches (24”) apart as necessary to firmly secure edging for permanent intended use.
C] Where edging sections turn at corners and at angled runs turn edging back to desired angle to form rounded exposed radius.
D] Backfilling and Cleanup: Backfill both sides of edging, confirm and adjust if necessary that sections are securely held together, and compact backfill material along edging to provide top of edging at one-half inch (1/2”) above turf finish grade. Cleanup and remove excess material from site.
801-8 PAYMENT.
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evise this subsection to read as follows:
Payment for the complete installation of Landscaping & Irrigation shall be at the lump sum price of landscape and irrigation repair as specified in the BID SCHEDULE , and shall constitute full compensation for all materials, labor, equipment, excavation, plant materials, irrigation materials, fine grading, geotechnical (soil) analysis, topsoil import and placement in all planted areas, sod, and wild flower hydroseed, and all other work and incidentals necessary as specified and not included in a separate bid item and no additional compensation will be allowed therefore.
Payment for Plant Establishment Period and Maintenance of ninety (90) calendar days shall be included in the lump sum or landscape and irrigation repair and shall constitute full compensation for all materials, labor, equipment, and all other work and incidentals necessary as specified, and no additional compensation will be allowed.
Payment for all irrigation work as specified in these specifications shall be included in the bid item for Landscaping & Irrigation Repair at the lump sum price bid as shown in the BID SCHEDULE and no
additional compensation will be allowed therefore.
***END OF SECTION***
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Appendix A:
City of Vista Stormwater Management Permit
Application Form & Reference Information
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CITY OF VISTA
STORMWATER MANAGEMENT PERMIT INSTRUCTIONS
To accompany all grading and/or building permit application(s).
In order to com p
ly with the federal Clean Water Act, the State Water Code and City Ordinances, the City of Vista requires that property owners and/or contractors complete a Stormwater Management Permit prior to issuance of any grading and/or building permit(s). The purpose of a St ormwater Management Perm it is to document Best Management Practices (BMPs) that wi ll be implemented to prevent pollutants (including sediment) from entering stormwater conveyances and receiving waters. The Stormwat er Management Permit becomes a part of the grading and/or building permit(s) and is subject to enforcement by City of Vista Inspectors and others. Stormwater Management Permits include the elements described in the following sections:
SECTIO
N 1: REQUIRED INFORMATION – This section is used to provide the City with basic information necessary to evaluate and prioritize project activities. Each of the items in this section must be completed, except projects with less than 1 acre of disturbed area are not re quired to have a Waste Discharge Identification Number (WDID). Grading projects with a disturbed area of greater than 1 acre must also meet additional requirements from the State Water Resources Control Board (SWRCB). Those additional requirements include filing a Notice of Intent (NOI) and preparation of a Stormwater Pollution Prevention Plan (SWPPP). Please note that watercourses and waterbodies include ephemeral drainages (i.e. those that are dry during part of the year).
SECTION 2: BEST MANAGEMENT PRACTICES – Best Management Practices (BMPs) must be selected and implemented to prevent erosion and construction-related materials, sedim ent, wastes and spills from entering stormwater conveyance system and receiving waters.
NOTE: It is the respon
sibility of the property owner and/or the contractor to determine the types of BMPs that will be used, as well as the levels of application necessary to comply with the City of Vista’s Stormwater and Grading Ordinances. Failure to prevent soil erosion and discharges of sediment and other pollutants from construction sites is subject to enforcement by the City, RWQCB or others.
At a minimum, the City requires that the BMPs designated as required in Table 1 (attached) be installed and maintained for all construction projects, as applicable. Additional BMPs listed in Table 1 may also be required in correlation to a project’s scope, potential for discharges and proximity to a watercourse or other receiving waters. The property owner and/or contractor must complete Table 2 (attached) indicating which BMPs will be used.
SECTIO
N 3: CERTIFICATION – The property owner and/or contractor must sign this section certifying that they understand the City of Vista’s minimum requirements for st ormwater management of c onstruction activities and will implement, monitor and maintain the selected BMPs to ensure their effectiveness.
BMP m
anuals can be found at the City of Vista’s permit counter. These manuals include all of the referenced BMPs listed in Table 1 from the Caltrans Storm Water Quality Handbooks and the California Stormwater BMP Handbooks.
The entire manuals may also be ordered directly from the following sources:
Caltrans Manuals California Stormwater BMP Handbook Caltrans Publications unit Municipal, New and Redevelopment, Construction & (916) 445-3520 Industrial/Commercial
(916) 324-8997 Fax ( 510) 44
4-6771
Rev. 03/03
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Rev. 03/03
CITY OF VISTA
STORMWATER MANAGEMENT PERMIT
This form must be submitted with all grading and/or building permit application(s).
SECTION 1. REQUIRED INFORMATION
Grading and/or Building Permit Application Number:
Project Name:
Name of Project Contact Person:
Title:
Phone #:
Grading Start Date:
Grading Finish Date:
Project Address or Location:
Project Start Date: Project Finish Date: APN NO.
Estimated amount of disturbed acreage:_________ (If equal to or greater than 5 acres, you must also provide a WDID number from the SWRCB) WDID _______________________
Are there any watercourses or waterbodies within 50 feet of the limits of soil disturbance? YES NO Does the project site have or propose slopes higher than 25 feet or steeper than 1:1? YES NO Does the soil type have high erosion potential (fine grain soil like sand, silt, fine disintegrated granite)? YES NO SECTION 2 BEST MANAGEMENT PRACTICES
The goal of stormwater management planning is to reduce pollution to the maximum extent practicable by implementing Best Manage ment Practices (BMPs). There are five categories of BMPs: 1) Erosion control practices, and; 2) Velocity reduction, and; 3) Sediment control practices, and; 4) Offsite sediment tracking control, and; 5) General site and; materials management. BMPs from each of the five categories must be used together as a system in order to prevent erosion, sediment, waste, spills, and residues from leaving the site. When properly implemented, monitored and maintained, BMPs will function to pr event pollutants (including sediment) from leaving the site. It is the responsibility of the property owner and the contractor to determ ine the types of BMPs that will be used, as well as the levels of application necessary to comply with the City of Vista’s Stormwater and Grading Ordinances.
Best Management Practice Table
Table 1 (attached) must be used to select those BMPs that will be used to prevent stormwater pollution. At a minimum, the City requires that the BMPs designated as required in Table 1, be installed on all construction projects. However, some BMPs may not be applicable to every project. For example, if storm drain inlets are not present, then Storm Drain Inlet Protection (BMP SC10) would not be applicable. Table 2 (attached) must be completed by the project proponent to indicate which BMPs will be used.
Grading and/or Building Plan(s) Best Management Practice Checklist
The following applicable information shall be shown on the grading, building and/or erosion control plans:
Project boundaries
Footprint of any existing structures and facilities.
Footprint of all structures and facilities to be constructed. Limits of grading.
Site entrances and exits.
Areas of soil disturbance, cut and/or fill.
Vegetative areas to remain undisturbed.
Designated materials storage areas.
Existing and proposed grades of the site, along with any intermediate grades that will significantly affect site drainage patterns. Location(s) where runoff from the site may enter storm drain(s), channel(s), and/or receiving waters.
Please note that each of the items identified by a check ( 3) in Table 1 must be included on the plans, and labeled with the designation found in the tables (for example, SS-7).
SECTION 3. CERTIFICATION
The following certification must be signed before a Grading and/or Building Permit(s) will be issued.
I have read and understand that the City of Vista has adopted minimum re quirements for stormwater ma nagement of construction ac tivities. I certify that the BMPs I have selected from Table 1 and documented in Table 2 will be implemented to effectively minimize the po tentially negative impacts of this project’s construction activities on stormwater quality. I further agree to install monitor, maintain or revise the selected BMPs to ensure their effectiveness.
I also understand that non-compliance with the City of Vista’s Stor mwater and Grading Ordinances may result in enforcement by t he City, including fines, citation, stop-work orders, cease and desist orders or other actions.
Property Owner /Contractor_________________________________________________ Date ________________________
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Appendix B:
AMERON Concrete Light Poles 2B224, 6B126
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SK074504A.dwg (Date Printed 03/05/2013)
POLE PRODUCTS DIVISION
SCALEDRAWN:
CHK'D:
DWG. NO. REV
DESCRIPTIONREV. DATE DRN. APPR.
APPROVED BY
BASE PLATE DETAIL
BASE DETAIL
DATE
5. POLES MANUFACTURED PER ASTM C-1089-06 SPECIFICATIONS.
4. f'c @ 28 DAYS = 5,000 PSI, USING ASTM C-31 CYLINDER TEST.
3. f'c @ 28 DAYS = 6,000 PSI, USING SPUN CYLINDER TEST.
2. ASTM C-150 TYPE III GRAY CEMENT.
FINISH, WITH AMERSHIELD ANTI-GRAFFITI COATING.
1. MIX (373I): LA BLACK & WHITE, EXPOSED AGGREGATE
NOTES:
6. PROTECTIVE COAT EXPOSED P.C. WIRES AT POLE ENDS.
( ) POLES REQUIRED EACH WITH 8' ALUMINUM PIPE ARM
7. THE ARM ASSEMBLY MAY BE ROTATED TO ANY ORIENTATION
POLE ORIENTATIONS
DECORATIVE BASE ROUND POLE, BASE PLATE
TOP MOUNT DETAILS
ASSEMBLY (P/N: 2AP8A)
CITY OF VISTA STANDARDS- CA
2B224 POLES W/ 8' TOP MOUNT ARM ASSEMBLY
PER CUSTOMER'S REQUIREMENTS.
SPUNCAST,
PRESTRESSED
CONCRETE POLE
"F" LEVEL CONFIG CODES
OPTION CLASS ENTRY
"P" LEVEL CONFIG CODES
OPTION CLASS ENTRYINFO. INFO.
8. POLE SHOWN IS SUITABLE FOR CAPPED BASE PLATE (ENCASED
IN CONCRETE), OTHERWISE, OTHER NON-CAPPED INSTALLATION
REQUIRES A GALVANIZED BASE PLATE.
9. THE SINGLE TOP MOUNT ALUMINUM PIPE LMA ASSEMBLY
[8’ LENGTH, 2.4 SQ. FT. EPA, 25 LBS PER ARM SIDE (PIPE ARM & CAN COMBINED)] DEPICTED ON THIS DRAWING IS DESIGNED TO
WITHSTAND THE LOADS IMPARTED BY A SINGLE LUMINAIRE (NOT TO EXCEED 2.5 SQ. FT. EPA, 50 LBS. MAX); THE POLE DEPICTED IS
DESIGNED TO WITHSTAND THE LOADS IMPARTED BY THE TOP
MOUNT LMA & THE LUMINAIRE AS DESIGNED PER THE 2009 AASHTO LTS-5 IN A 90 MPH WIND ZONE (3-SECOND GUSTS). PLEASE ADVISE IF THE INTENDED LOADING EXCEEDS THESE VALUES.
APPENDIX B
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BASE DETAIL
POLE PRODUCTS DIVISION
CHK'D:
DRAWN:
APPROVED BY
SCALE DWG. NO. REV
DATE
DESCRIPTION
NOTES:
DATEREV. APPR.DRN.
DECORATIVE BASE PLATE OCTAGONAL POLE
BASE PLATE DETAIL
"F" LEVEL CONFIG CODES
OPTION CLASS ENTRY
"P" LEVEL CONFIG CODES
OPTION CLASS ENTRY
INFO. INFO.
TOP MOUNT DETAILS
POLE TOP/STUD DETAIL
CITY OF VISTA STANDARDS- CA
6B126 POLES WITH 8' ALUM. PIPE ARM ASSY.
1. CONCRETE MIX (373I): LA BLACK & WHITE, EXPOSED AGGREGATE FINISH WITH AMERSHIELD ANTI-GRAFFITI COATING.
2. ASTM C-150 TYPE III GRAY CEMENT.
3. f'c @ 28 DAYS = 6,000 PSI, USING SPUN CYLINDER TEST.
4. f'c @ 28 DAYS = 5,000 PSI, USING ASTM C-31 CYLINDER TEST.
5. POLES MANUFACTURED PER ASTM C-1089-06 SPECIFICATIONS.
6. PROTECTIVE COAT EXPOSED P.C. WIRES AT POLE ENDS.
7. BASEPLATE ASTM A-36 FULLY PRESTRESSED WITH (8) 5/16" DIA.
A-416 WIRES.
8. POLE SHOWN IS SUITABLE FOR CAPPED BASE PLATE (ENCASED
IN CONCRETE), OTHERWISE, OTHER NON-CAPPED INSTALLATION
REQUIRES A GALVANIZED BASE PLATE.
9. THE 8’ SINGLE TOP MOUNT LMA ASSEMBLY [2.6 SQ. FT. EPA (ARM & CAN COMBINED), 25 LBS PER ARM SIDE] DEPICTED ON THIS
DRAWING IS DESIGNED TO WITHSTAND THE LOADS IMPARTED BY A SINGLE LUMINAIRE (NOT TO EXCEED 2.5 SQ. FT. EPA, 50 LBS. EACH);
THE POLE DEPICTED IS DESIGNED TO WITHSTAND THE LOADS
IMPARTED BY THE TOP MOUNT LMA AND THE LUMINAIRE PER THE 2009 AASHTO LTS-5 IN A 90 MPH WIND ZONE (3-SECOND GUSTS).
PLEASE ADVISE IF INTENDED LOADING EXCEEDS THESE VALUES.
SPUNCAST,
PRESTRESSED
CONCRETE POLE
APPENDIX B
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Appendix C:
Map of COV Storage Area
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City of Vista, CA
October 31, 2025
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±
1 inch = 200 feet
Print Date: 0 130 26065
ft
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Appendix D:
Light Pole Footings and Backfill Details
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APPENDIX D
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APPENDIX D
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Appendix E:
Fonroche Solar Streetlights Package
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APPENDIX E
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APPENDIX E
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APPENDIX E
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APPENDIX E
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E
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Appendix F:
Sample Public Notification Documents
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APPENDIX F
January xx, 2026
Resident
Various addresses on Street, Street Dr. & etc..
Vista, CA 92083
Re: Streetlight Installation – Construction
Dear Resident:
The City of Vista has a construction contract with TBD to install Solar light poles behind the curb in front of your house. There are ## locations in your neighborhood and the work will occur within the next 2 weeks. 48 hours before the work starts, “NO PARKING” signs will be placed at the specific locations where the poles will be installed.
You are receiving this letter because your property is adjacent to the work, and you will not be able to park on the street at the light pole location during the period of construction.
Each light location should only take a few days to complete with the overall Project taking up to 2 weeks. Parking at your location should not be impacted for more than several days.
Construction is expected to start the week of January xx, 2026 and will proceed for two weeks. We will strive to reopen the street parking in less time, if possible. There will be personnel directing traffic where the construction is taking place.
The City will strive to keep your inconvenience to a minimum during this time of construction. Thank you for your understanding and cooperation during the construction of this project. If you have any questions or concerns during construction please contact xxx at or myself at xxx-xxx-xxxx
Sincerely,
Construction Manager
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Deciembre xx, 2025
Residente
Varios
Vista, CA 92083
Re: Instalación de alumbrado público – Obra
Estimado Residente:
La Ciudad de Vista tiene un contrato de construcción con Fonroche Lighting y XXXX para la instalación de postes de luz solares detrás del borde de la banqueta, enfrente de su casa. Hay # ubicaciones en su vecindario y la obra se realizará en las próximas 2 semanas. 48 horas antes de que la obra empiece, letreros de “No Parking (no estacionarse)” serán colocados en lugares estratégicos donde los postes serán instalados.
Está recibiendo está carta porque su propiedad está adyacente a la obra, y no podrá estacionarse en la calle en la ubicación del poste de luz durante el periodo de construcción.
Cada ubicación de luz solo debería tardar unos días en completarse, con el proyecto en general demorando hasta 2 semanas. El estacionamiento en su ubicación no debería verse afectado por más de varios días
Se espera que la construcción comience la semana del 16 diciembre de 2025 y continuará durante dos semanas. Nos esforzaremos por reabrir el estacionamiento en la calle en menos tiempo, si es posible. Habrá personal dirigiendo el tránsito donde se está realizando la construcción.
La ciudad se esforzará por mantener sus molestias al mínimo durante el tiempo de la obra. Gracias por su comprensión y cooperación durante la construcion de este proyecto. Si tiene una pregunta o inquietud durante la construcción, comuníquese primero con , o conmigo mismo al xxx-xxx-xxxx
Atentamente,
Gerente de Construccion
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Appendix G:
Maps of Solar Street Light Locations
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2224 SE Loop 820, Building C
Fort Worth, TX 76140
Phone Number: (339) 225 4530
www.fonrochesolarlighting.com
By: Nathan Boyles
[email protected]
Date:9/12/2025
Vista CA - Additional Locations
Project Number: G9174
Lighting Plan Rev C
Luminaire Schedule
Symbol Qty Label Arrangement Total Lamp Lumens
Calculation Summary
Label CalcType Units Avg Max Min Avg/Min Max/Min
2 GEN3-CK16B-3000K-31W Single 6758
.1 .5
.1
.5
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2224 SE Loop 820, Building C
Fort Worth, TX 76140
Phone Number: (339) 225 4530
www.fonrochesolarlighting.com
By: Nathan Boyles
[email protected]
Date:9/12/2025
Vista CA - Additional Locations
Project Number: G9174
Lighting Plan Rev C
Luminaire Schedule
Symbol Qty Label Arrangement
Calculation Summary
Total Lamp Lumens
Label CalcType Units Avg Max Min Avg/Min Max/Min
4 GEN3-CK16B-3000K-31W Single 6758
.1
.5
.1
.5
.1 .5
.1
.5
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2224 SE Loop 820, Building C
Fort Worth, TX 76140
Phone Number: (339) 225 4530
www.fonrochesolarlighting.com
By: Nathan Boyles
[email protected]
Date:9/12/2025
Vista CA - Additional Locations
Project Number: G9174
Lighting Plan Rev C
Luminaire Schedule
Symbol Qty Label Arrangement Total Lamp Lumens
Calculation Summary
Label CalcType Units Avg Max Min Avg/Min Max/Min
8 GEN3-CK16B-3000K-31W Single 6758
.1
.5
.1
.5
.1
.5
.1
.5
.1
.5
.1
.5
.1
.5
.1
.5
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2224 SE Loop 820, Building C
Fort Worth, TX 76140
Phone Number: (339) 225 4530
www.fonrochesolarlighting.com
By: Nathan Boyles
[email protected]
Date:9/12/2025
Vista CA - Additional Locations
Project Number: G9174
Lighting Plan Rev C
Luminaire Schedule
Symbol Qty Label Arrangement Total Lamp Lumens
Calculation Summary
Label CalcType Units Avg Max
1 GEN3-CK16B-3000K-31W Single 6758
Min Avg/Min Max/Min
.1
.5
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2224 SE Loop 820, Building C
Fort Worth, TX 76140
Phone Number: (339) 225 4530
www.fonrochesolarlighting.com
By: Nathan Boyles
[email protected]
Date:9/12/2025
Vista CA - Additional Locations
Project Number: G9174
Lighting Plan Rev C
Luminaire Schedule
Symbol Qty Label Arrangement Total Lamp Lumens
Calculation Summary
Label CalcType Units
4 Avg Max Min
GEN3-CK16B-3000K-31W Single 6758
Avg/Min Max/Min
.1
.5
.1
.5
.1
.5
.1
.5
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2224 SE Loop 820, Building C
Fort Worth, TX 76140
Phone Number: (339) 225 4530
www.fonrochesolarlighting.com
By: Nathan Boyles
[email protected]
Date:9/12/2025
Vista CA - Additional Locations
Project Number: G9174
Lighting Plan Rev C
Luminaire Schedule
Symbol Qty Label Arrangement Total Lamp Lumens
Calculation Summary
Label CalcType Units Avg Max Min
5 GEN3-CK16B-3000K-31W Single 6758
Avg/Min Max/Min
.1
.5
.1
.5
.1
.5
.1
.5
.1
.5
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2224 SE Loop 820, Building C
Fort Worth, TX 76140
Phone Number: (339) 225 4530
www.fonrochesolarlighting.com
By: Nathan Boyles
[email protected]
Date:9/12/2025
Vista CA - Additional Locations
Project Number: G9174
Lighting Plan Rev C
Luminaire Schedule
Symbol Qty Label Arrangement Total Lamp Lumens
Calculation Summary
Label CalcType Units Avg Max Min
2 GEN3-CK16B-3000K-31W Single 6758
Avg/Min Max/Min
.1
.5
.1
.5
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2224 SE Loop 820, Building C
Fort Worth, TX 76140
Phone Number: (339) 225 4530
www.fonrochesolarlighting.com
By: Nathan Boyles
[email protected]
Date:9/12/2025
Vista CA - Additional Locations
Project Number: G9174
Lighting Plan Rev C
Luminaire Schedule
Symbol Qty Label Arrangement Total Lamp Lumens
Calculation Summary
Label CalcType Units Avg Max Min
4 GEN3-CK16B-3000K-31W Single 6758
Avg/Min Max/Min
.1
.5
.1
.5
.1
.5
.1
.5
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2224 SE Loop 820, Building C
Fort Worth, TX 76140
Phone Number: (339) 225 4530
www.fonrochesolarlighting.com
By: Nathan Boyles
[email protected]
Date:9/12/2025
Vista CA - Additional Locations
Project Number: G9174
Lighting Plan Rev C
Luminaire Schedule
Symbol Qty Label Arrangement Total Lamp Lumens
Calculation Summary
Label CalcType Units Avg Max Min
2 GEN3-CK16B-3000K-31W Single 6758
Avg/Min Max/Min
.1
.5
.1
.5
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2224 SE Loop 820, Building C
Fort Worth, TX 76140
Phone Number: (339) 225 4530
www.fonrochesolarlighting.com
By: Nathan Boyles
[email protected]
Date:9/12/2025
Vista CA - Additional Locations
Project Number: G9174
Lighting Plan Rev C
Luminaire Schedule
Symbol Qty Label Arrangement Total Lamp Lumens
Calculation Summary
Label CalcType Units Avg Max Min
5 GEN3-CK16B-3000K-31W Single 6758
Avg/Min Max/Min
.1
.5
.1
.5.1
.5
.1
.5
.1
.5
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2224 SE Loop 820, Building C
Fort Worth, TX 76140
Phone Number: (339) 225 4530
www.fonrochesolarlighting.com
By: Nathan Boyles
[email protected]
Date:9/12/2025
Vista CA - Additional Locations
Project Number: G9174
Lighting Plan Rev C
Luminaire Schedule
Symbol Qty Label Arrangement Total Lamp Lumens
Calculation Summary
Label CalcType Units Avg Max Min
3 GEN3-CK16B-3000K-31W Single 6758
Avg/Min Max/Min
.1
.5
.1
.5
.1
.5
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2224 SE Loop 820, Building C
Fort Worth, TX 76140
Phone Number: (339) 225 4530
www.fonrochesolarlighting.com
By: Nathan Boyles
[email protected]
Date:9/12/2025
Vista CA - Additional Locations
Project Number: G9174
Lighting Plan Rev C
Luminaire Schedule
Symbol Qty Label Arrangement Total Lamp Lumens
Calculation Summary
Label CalcType Units Avg Max Min
7 GEN3-CK16B-3000K-31W Single 6758
Avg/Min Max/Min
.1
.5
.1
.5
.1
.5
.1
.5
.1
.5
.1
.5
.1
.5
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2224 SE Loop 820, Building C
Fort Worth, TX 76140
Phone Number: (339) 225 4530
www.fonrochesolarlighting.com
By: Nathan Boyles
[email protected]
Date:9/12/2025
Vista CA - Additional Locations
Project Number: G9174
Lighting Plan Rev C
Luminaire Schedule
Symbol Qty Label Arrangement Total Lamp Lumens
Calculation Summary
Label CalcType Units Avg Max Min
2 GEN3-CK16B-3000K-31W Single 6758
Avg/Min Max/Min
.1
.5
.1
.5
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2224 SE Loop 820, Building C
Fort Worth, TX 76140
Phone Number: (339) 225 4530
www.fonrochesolarlighting.com
By: Nathan Boyles
[email protected]
Date:9/12/2025
Vista CA - Additional Locations
Project Number: G9174
Lighting Plan Rev C
Luminaire Schedule
Symbol Qty Label Arrangement Total Lamp Lumens
Calculation Summary
Label CalcType Units Avg Max Min
8 GEN3-CK16B-3000K-31W Single 6758
Avg/Min Max/Min
.1
.5
.1
.5
.1
.5
.1
.5
.1
.5
.1
.5
.1
.5
.1 .5
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2224 SE Loop 820, Building C
Fort Worth, TX 76140
Phone Number: (339) 225 4530
www.fonrochesolarlighting.com
By: Nathan Boyles
[email protected]
Date:9/12/2025
Vista CA - Additional Locations
Project Number: G9174
Lighting Plan Rev C
Luminaire Schedule
Symbol Qty Label Arrangement Total Lamp Lumens
Calculation Summary
Label CalcType Units Avg Max Min
2 GEN3-CK16B-3000K-31W Single 6758
Avg/Min Max/Min
.1
.5
.1
.5
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2224 SE Loop 820, Building C
Fort Worth, TX 76140
Phone Number: (339) 225 4530
www.fonrochesolarlighting.com
By: Nathan Boyles
[email protected]
Date:9/12/2025
Vista CA - Additional Locations
Project Number: G9174
Lighting Plan Rev C
Luminaire Schedule
Symbol Qty Label Arrangement Total Lamp Lumens
Calculation Summary
Label CalcType Units Avg Max Min
1 GEN3-CK16B-3000K-31W Single 6758
Avg/Min Max/Min
.1
.5
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2224 SE Loop 820, Building C
Fort Worth, TX 76140
Phone Number: (339) 225 4530
www.fonrochesolarlighting.com
By: Nathan Boyles
[email protected]
Date:9/12/2025
Vista CA - Additional Locations
Project Number: G9174
Lighting Plan Rev C
Luminaire Schedule
Symbol Qty Label Arrangement Total Lamp Lumens
Calculation Summary
Label CalcType Units Avg Max Min
2 GEN3-CK16B-3000K-31W Single 6758
Avg/Min Max/Min
.1
.5
.1
.5
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2224 SE Loop 820, Building C
Fort Worth, TX 76140
Phone Number: (339) 225 4530
www.fonrochesolarlighting.com
By: Nathan Boyles
[email protected]
Date:9/12/2025
Vista CA - Additional Locations
Project Number: G9174
Lighting Plan Rev C
Luminaire Schedule
Symbol Qty Label Arrangement Total Lamp Lumens
Calculation Summary
Label CalcType Units Avg Max Min
8 GEN3-CK16B-3000K-31W Single 6758
Avg/Min Max/Min
.1
.5
.1
.5
.1
.5
.1
.5
.1.5
.1.5
.1
.5
.1.5
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2224 SE Loop 820, Building C
Fort Worth, TX 76140
Phone Number: (339) 225 4530
www.fonrochesolarlighting.com
By: Nathan Boyles
[email protected]
Date:9/12/2025
Vista CA - Additional Locations
Project Number: G9174
Lighting Plan Rev C
Luminaire Schedule
Symbol Qty Label Arrangement Total Lamp Lumens
Calculation Summary
Label CalcType Units Avg Max Min
2 GEN3-CK16B-3000K-31W Single 6758
Avg/Min Max/Min
.1
.5
.1
.5
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2224 SE Loop 820, Building C
Fort Worth, TX 76140
Phone Number: (339) 225 4530
www.fonrochesolarlighting.com
By: Nathan Boyles
[email protected]
Date:9/12/2025
Vista CA - Additional Locations
Project Number: G9174
Lighting Plan Rev C
Luminaire Schedule
Symbol Qty Label Arrangement Total Lamp Lumens
Calculation Summary
Label CalcType Units Avg Max Min
8 GEN3-CK16B-3000K-31W Single 6758
Avg/Min Max/Min
.1
.5
.1
.5
.1
.5
.1
.5
.1
.5
.1
.5
.1
.5
.1
.5
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2224 SE Loop 820, Building C
Fort Worth, TX 76140
Phone Number: (339) 225 4530
www.fonrochesolarlighting.com
By: Nathan Boyles
[email protected]
Date:9/12/2025
Vista CA - Additional Locations
Project Number: G9174
Lighting Plan Rev C
Luminaire Schedule
Symbol Qty Label Arrangement Total Lamp Lumens
Calculation Summary
Label CalcType Units Avg Max Min
5 GEN3-CK16B-3000K-31W Single 6758
Avg/Min Max/Min
.1
.5
.1
.5
.1
.5
.1
.5
.1
.5
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2224 SE Loop 820, Building C
Fort Worth, TX 76140
Phone Number: (339) 225 4530
www.fonrochesolarlighting.com
By: Nathan Boyles
[email protected]
Date:9/12/2025
Vista CA - Additional Locations
Project Number: G9174
Lighting Plan Rev C
Luminaire Schedule
Symbol Qty Label Arrangement Total Lamp Lumens
Calculation Summary
Label CalcType Units Avg Max Min
2 GEN3-CK16B-3000K-31W Single 6758
Avg/Min Max/Min
.1
.5
.1
.5
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2224 SE Loop 820, Building C
Fort Worth, TX 76140
Phone Number: (339) 225 4530
www.fonrochesolarlighting.com
By: Nathan Boyles
[email protected]
Date:10/14/2025
Vista CA - Additional Locations
Project Number: G9174
Lighting Plan Rev C
Luminaire Schedule
Symbol Qty Label Arrangement Total Lamp Lumens
Calculation Summary
Label CalcType Units Avg Max Min
1 GEN3-CK16B-3000K-21W Single 4620
Avg/Min Max/Min
.1.5
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Appendix H:
List of Addresses and Pole Types of all Solar
Streetlights
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APPENDIX "H"
City of Vista - SOLAR STREETLIGHT PROJECT CIP #8385 - LOCATION OF SOLAR STREETLIGHTS THREE (3) TYPES OF STREETLIGHT POLES:
(A) FONROCHE SUPPLIED METAL POLE - SUPPLIED BY CITY OF VISTA - Qty. (60) (B) CITY OF VISTA SUPPLIED AMERON 6B126 CONCRETE LIGHTPOLE - Qty. (2) (C) CONTRACTOR SUPPLIED AMERON 2B224 CONCRETE LIGHTPOLE - CONTRACTOR SUPPLIED / PURCHASED - Qty. (24)
ITEM OBJECT IDD LOCATION
LIGHTPOLE
TYPE ITEM OBJECT ID LOCATION
LIGHTPOLE
TYPE
1 6000 639 HILLSIDE TERRACE A 44 6049 331 / 337 SALINA CT. A 2 6001 461 PALM DR. A 45 6050 312 / 320 SALINA CT. A
3 6002 1791 KNAPP DR. A 46 6051 328 CALUSA WAY A
4 6003 1784 KNAPP DR. A 47 6052 776 COPPER DR. A
5 6004 1772 KNAPP DR. A 48 6053 231 COPPER AVE A
6 6005 126 ANGELES VISTA DR. A 49 6054 237 YACON CIR. A 7 6006 1645 MANOR DR. A 50 6055 1104 / 1112 NASH LN. A
8 6007 1615 MANOR DR. A 51 6056 1136 NASH LN. A
9 6008 1648 RUSH AVE. A 52 6057 249 COLUSA WAY A
10 6009 1618 RUSH AVE. A 53 6058 1138 HACKAMORE RD. A
11 6010 1604 RUSH AVE. A 54 6059 1114 HACKAMORE RD. A
12 6011 232 E. RUSH AVE A 55 6060 217 SANTA CLARA DR. A 13 6012 242 PORTIA AVE. A 56 6061 185 SANTA CLARA DR. A 14 6013 274 PORTIA AVE. A 57 6062 135 SANTA CLARA DR. A 15 6014 1518 KIVA LANE A 58 6063 322 DURIAN ST. A
16 6015 623 BACH ST. A 59 6064 323 HILL DR. A
17 6016 604 SHUBORO ST. A 60 6065 141 HILL DR. A
18 6017 628 / 622 SHUBORO ST. A 61 100 600 N. SANTA FE AVE. (south) B 19 6018 630 SPIRES A 62 101 600 N. SANTA FE AVE. (north) B 20 6025 946 ROSE DR. A 63 1 521 SUNSET DR. C
21 6026 935 / 939 ROSE DR. A 64 2 554 SUNSET DR. C
22 6027 919 / 923 ROSE DR. A 65 3 606 SUNSET DR. C
23 6028 916 JUDILYN DR. A 66 4 609 SUNSET DR. C
24 6029 811 HIGHLAND DR. A 67 5 635 SUNSET DR. C
25 6030 744 / 762 HIGHLAND DR. A 68 6 675 SUNSET DR. C
26 6031 724 / 736 HIGHLAND DR. A 69 7 713 SUNSET DR. C
27 6032 1361 BLUEGRASS RD. A 70 8 739 SUNSET DR. C
28 6033 1337 BLUEGRASS RD. A 71 9 759 SUNSET DR. C
29 6034 1305 BLUEGRASS RD. A 72 10 923 SUNSET DR. C
30 6035 1243 BLUEGRASS RD. A 73 11 1013 SUNSET DR. C
31 6036 1123 /1131 BLUEGRASS RD. A 74 12 1035 SUNSET DR. C 32 6037 1352 / 1356 CAREN RD. A 75 13 1055 SUNSET DR. C 33 6038 732 / 740 GALAXY DR. A 76 14 1079 SUNSET DR. C
34 6039 1412 PLUTO A 77 15 1101 SUNSET DR. C
35 6040 1421 MOON RD. A 78 16 1125 SUNSET DR. C
36 6041 1451 PLANET RD. A 79 17 1147 SUNSET DR. C
37 6042 1446 / 1454 MOON RD. A 80 18 1171 SUSNET DR. C
38 6043 427 /431 MISTLETOE ST. A 81 19 1193 SUNSET DR. C 39 6044 1240 / 1246 TYLEE ST A 82 20 1201 SUNSET DR. C
40 6045 1138 / 1144 TYLEE ST. A 83 21 1233 SUNSET DR. C 41 6046 355 / 361 SANTA CLARA DR. A 84 22 1249 SUNSET DR. C 42 6047 355 / 361 YACON ST. A 85 23 1275 SUNSET DR. C
43 6048 331 / 337 YACON ST. A 86 NONE VALE TERRACE @ JIM PORTER PKWY C 01/13/2026
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Appendix I:
City of Vista Encroachment Permit Application
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ENCROACHMENT PERMIT APPLICATION FORM
Please print required information
ENGINEERING DEPARTMENT
200 CIVIC CENTER DR.
VISTA, CA 92084
(760) 639-6111
JOB AND OR DRAWING NUMBER: ISSUED BY: DATE:
JOB SITE ADDRESS OR DESCRIPTION: PERMIT #: PERMIT EXPIRATION DATE:
48 HOUR NOTICE REQUIRED FOR
INSPECTION AND PRIOR TO START OF WORK
CALL (760) 639-6113
ASSESSOR'S PARCEL NUMBER (APN):
CONTRACTOR:
YOU MUST CALL UNDERGROUND SERVICE ALERT AT
(1-800-422-4133)
(2) WORKING DAYS PRIOR TO WORK
UNDERGROUND SERVICE ALERT NO.
THIS PERMIT IS INVALID WITHOUT THIS NUMBER
CONTRACTOR'S MAILING ADDRESS:
CITY ZIP
EMAIL ADDRESS:
A CASH SECURITY is required for trench excavation or any work not covered by construction bonds. CASH SECURITY shall be a minimum of $500 or equal to the cost of the proposed improvements within the City's right-of-way. CASH SECURITY may be returned as follows. For deposit amounts greater than $500, ninety percent (90%) of the CASH SECURITY may be returned upon completion and approval of the improvements by the City Engineer or his designee. The remaining ten percent (10%) or a minimum of $500 will be retained for a period of (1) year after the date that the work is completed. CASH SECURITY will be forfeited and used to correct defects, unacceptable work, trench failures or subsidence if corrective work is not completed within (5) working days after notification.
PHONE#: FAX#:
STATE LICENSE NUMBER BUSINESS LICENSE NUMBER
DESCRIPTION OF WORK:
JOB SITE CONTACT: I agree to save, keep and hold harmless the CITY OF VISTA, its officers an
d agents, from all damages, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property, or of personal injury received by reason of or in the course of performing work, which may be caused by any willful or omission by the contractor, or any of the contractor's employees, or any sub-contractor. The CITY OF VISTA will not be liable for any accident, loss or damage to the work prior to its completion and acceptance.
CELL PHONE #
START
DATE
ESTIMATED
COMPLETION DATE
THE FOLLOWING MUST BE INCLUDED OR EMAILED
WITH PERMIT APPLICATION: I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability, for workman’s compensation or to undertake self-insurance in accordance with the provisions of said Labor Code and I will comply with such provisions before commencing the performance of the work of this contract.
TRAFFIC CONTROL PLANS (1 COPY)
SITE PLAN / VICINITY MAP (1 COPY)
CONSTRUCTION PLANS (1 COPY)
LIABILITY INSURANCE (1 COPY)
WORKMAN'S COMP INSURANCE (1 COPY)
CITY OF VISTA BUSINESS LICENSE (1 COPY)
I hereby acknowledge that I have read this application and certify that the information
given is correct. I agree to comply with all
applicable city ordinances, state laws and with the requirements of this permit.
CALOSHA PERMIT (1 COPY)
PLEASE SEND EMAIL SUBMISSIONS TO THE
FOLLOWING EMAIL ADDRESS:
[email protected]
SIGNATURE
PRINT NAME
DATE
NOTICE: THIS IS NOT AN ENCROACHMENT PERMIT - CONTRACTOR MUST SIGN ACTUAL PERMIT IN PERSON Version Date July 2024
APPENDIX "I" ENCROACHMENT APPLICATION FORM
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CITY OF VISTA
Requirements for Encroachment Permits
1. Must have State Contractor’s License.
2. Required License Types: For trench ing, only A, C-34, C-36 & C42 allowed Additional License Types may be allowed for Surface Improvements
3. State of California Occupational Safety and Health Permit (CALOSHA).
4. Must submit applicable Underground Service Alert Number, if applicable.
5. Must have valid City of Vista Business License.
6. Must have Workers Compensation Insurance with the City of Vista as Certificate Holder.
7. Must have Liability Insurance with the City of Vista listed as the Certificate Holder and as Additional Insured.
If working in a street or easement, liability amount must be at least $1,000,000.00 For surface improvements - sidewalks or driveways amount must be $500,000.00
8. Must have $1,000,000.00 of pollution liability insurance if doing any work on or within public sewer manholes or public sewer mains.
9. Must adhere to the attached City Notices for Traffic Control, Materials, and Stormwater standards.
10. Permit Fee & Required Cash Trust Deposit: Minimum cost of permit is $1,832.33 plus a minimum cash trust deposit of $500.00 or an amount equal to the cost of the improvements being done within the City’s right-of-way. Minimum permit fee covers 3 hours of inspection time and 30 minutes for preconstruction meetings.
Additional fees will be due if more than 3 hours of inspection time is required.
Trust Deposit may be returned as follows.
Ninety percent (90%) of Cash Deposit may be returned upon completion and approval of the improve
ments by the City Engineer or his designee.
The remaining ten percent (10%) or a minimum of $500.00 will be held for a period of one year after the com
pletion and final approval of the work and may be returned if the funds are not required to correct impr
ovement defects, unacceptable surface work and
trench failure or subsidence which is not corrected within (5) working days after notification.
APPROVABLE TRAFFIC CONTROL PLANS MUST TO BE SUBMITTED WITH PERMIT APPLICATION. ISSUANCE OF PERMIT MAY BE DELAYED IF NOT SUBMITTED.
TRAFFIC CONTROL PLANS MUST MEET ALL REQUIREMENTS MANDATED WITHIN THE CALIFORNIA MANUAL ON TRAFFIC CONTROL DEVICES.
200 Civic Center Drive • Vista, CA 92084 • Ph 760-639-6111
PLEASE NOTE
Additional Insured Endorsements must be included
as attachments to the Certificate of Liability Insurance ***** Endorsements must cover Ongoing and Completed Operations ***** APPENDIX "I" ENCROACHMENT APPLICATION FORM
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CITY OF VISTA - Notice
The following General Traffic Control Conditions shall be considered a part of the City of Vista Encroachment Permit Traffic Control and Standards
1. Telephone Engineering Inspection at 760-639-6113, 48 hours prior to any work in the City right-of-way.
2. The traffic control plan must be prepared by either a California licensed Traffic Control Services Consultant (C31 Contractor’s License – Construction Zone Traffic Control Contractor) or be a California registered Traffic or Civil Engineer.
3. The traffic control plan must be in accordance with the latest edition of the California MUTCD or the San Diego Regional Standard Drawings.
4. The Encroachment Permit shall be kept on the worksite during all ongoing work with the City-approved traffic control plan.
5. Traffic control shall be set and maintained per the City approved traffic control plan. Barricades shall be Type II Flashing, with reflectorized delineators and signs, if required for night operations. Minimum lane width is 11 feet.
6. No street shall be closed without the approval of the Traffic Engineer pursuant to a City approved traffic control plan.
7. Pedestrian walkway shall be left open or detoured using a minimum four-foot- wide safe passageway pursuant to a City approved traffic control plan.
8. Normal working hours are 7:00 a.m. – 5:00 p.m., Monday through Friday unless indicated otherwise on the City approved traffic control plan.
9. Work in the public right-of-way shall be Monday through Friday only. No work is allowed on Saturday, Sunday, or City Holidays without prior City approval.
10. Upon permit expiration, all work ceases until a new permit application is submitted and approved. Existing permit time extension requests must be submitted prior to expiration date of permit.
11. No construction vehicles shall be parked upon public sidewalks. VCC
10.24.040.
12. It is the permittee’s responsibility to protect against any dirt or debris from being deposited within the City storm drain system. See attached stormwater pollution prevention requirements.
13. The permittee is required to immediately comply with all directives issued by the City Inspector to eliminate dust, mud, or other site nuisance. 200 Civic Center Drive * Vista, CA 92084 * 760-639-6111 APPENDIX "I" ENCROACHMENT APPLICATION FORM
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CITY OF VISTA - Notice
The following Materials and Standards shall be considered a part of the City of Vista Encroachment Permit
Materials and Standards
1. The permittee is responsible to perform all work and conduct operations per City approved editions of the SSPWC, SDRSD, CITY STDS, CODES, this PERMIT, and all other applicable requirements.
2. No trenches shall be left open overnight. Trenches shall either be plated with recessed non-skid trench plates and all edges sealed with temporary AC seal, or backfilled and paved with a minimum of 2” of compacted 3/4" B2 PG 64-10 hot mix. Temporary AC Cold Mix is not allowed unless authorized by the City Engineer. For trenches wider than 4-feet, a paving machine is required.
3. Curb, gutter, sidewalk, driveways, and curb ramps shall be sawcut to an even line and be removed joint to joint per SDRSD G-11.
4. Curb and gutter and cross gutter shall be removed as directed by the City Inspector. Concrete removal will require a 1’ minimum section of asphalt sawcut and repave.
5. Permanent asphalt placement shall be per City of Vista Std. Dwg. SRF-08A & 08B. Two-inch (2") grind and cap is required for all trenches and shall extend a minimum of 4 feet wide or 12- inches from the outside edge of the trench whichever is greater. AC shall be placed using a spreader box or a paving machine. Cap with 1/2" Med. C2-PG 64-10 RAP unless otherwise noted. Streets paved with rubberized asphalt shall be capped with the same material.
6. All damaged roadway striping shall be replaced in kind.
7. All concrete placed shall be transit mix, unless waived by the City Inspector.
8. Two-sack slurry backfill is required when tunneling under curb and gutter.
9. All subgrade (12” depth) and basegrade material shall be compacted to 95 percent density.
Sidewalk sub/base material shall be compacted to 90 percent density. Certification, including compaction testing, shall be provided by the Permitee unless waived by the City Inspector.
10. No excavated material shall be hauled to a site within the City of Vista, without City Inspector knowledge of the end haul location, and the appropriate permits.
11. Any continuous hauling operation will require a City approved Haul Route Permit, prior to commencing the haul. Hauling of dirt/rock etc. without this permit may subject this haul to an immediate Stop Work Notice.
12. Approved City materials for construction include:
a. Asphalt: Surface course – ½” Med. C2-PG 64-10 RAP, Min. .10 thick Base course – ¾” Med. B-PG 64-10 RAP
Berm – D2-AR-8000
[Performance Grade (PG) asphalt binder may be substituted for AR-8000 asphalt binder in AC Berm]
b. Concrete for structures – 6-sack 3250 PSI min.
c. Concrete for curb and gutters, sidewalks, driveways – 520-C-2500 min. d. Base material for curb ramps – 6” Class II/Caltrans 26-1.02B e. Street base material – Class II
f. Sidewalk base material – 6” Class II
g. Curing compound on all concrete – Type I SSPWC 303-5.6 All standards are considered minimum and may be revised by the City depending upon field considerations, standards and materials approved on a signed City plan, supercede above materials and standards. It is the permittee’s responsibility to understand and implement all Standards, Codes and other applicable requirements. 200 Civic Center Drive * Vista, CA 92084 * 760-639-6111 APPENDIX "I" ENCROACHMENT APPLICATION FORM
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LIST OF COMPLETED PROJECTS - LAST 5 YEARS
Job Number Job Name Customer Complete
Date
Contract
Amount
5200253651 CALL BOX REMOVAL SAN BERNARDINO CNTY TRANSP AUT 5/16/25 108,600 5300233583 08-1H0604 GRIFFITH COMPANY 5/13/25 8,956,214 5200233593 CYCLE 9 HWY SAFETY IMPROV City of Inglewood 2/7/25 1,119,844 5200223542 MAIN ST - LAKE ELSINORE GRIFFITH COMPANY 1/31/25 1,521,153 5300233587 ADP 3 AIRPORT ADMIN BLDG NEAL ELECTRIC CORPORATIONI 4/19/24 107,358 5300233575 11-4C0044 I-5 SOUNDWALL LB CIVIL CONSTRUCTION, INC. 4/15/24 334,066 5300213540 SCRIPPS MESA APARTMENTS PORTRAIT-T2 CONSTRUCTION 4/12/24 154,869 5300923448 SR 905 OTAY MESA SKANSKA USA CIVIL WEST 3/11/24 5,309,243 5300213521 SANDAG SR125 KAPSCH TRAFFICCOM USA, INC. 2/9/24 4,945,581 5200223562 COLORADO TRAF SIG IMPROVE CITY OF ARCADIA 2/7/24 265,567 5200233594 I-15 EXPRESS LANES KAPSCH TRAFFICCOM USA, INC. 1/23/24 456,859 5400222909 LAX Crenshaw Design Build Walsh/Shea Joint Venture 12/21/23 47,069,037 5200233581 FIBER OPTICS INSTALL CITY OF IRVINE 12/1/23 203,381 5200823407 DESERT HOT SP T.S. INSTAL ECOMASTER CORPORATION 11/16/23 299,976 5200233586 I-405 EXPRESS LANES KAPSCH TRAFFICCOM USA, INC. 11/9/23 810,428 5200203500 SANTA CLARITA TRAIN STATI ICON-WEST, INC. 10/19/23 2,150,094 5200213534 BLUETOOTH DETECT SYSTEM CALTRANS 10/16/23 736,108 5300233596 HESPERIA OUTPOST RAMCAM CORPORATION 10/10/23 25,054 5300223552 MCCALL SQUARE - MENIFEE RANCH SELF-STORAGE & RETAIL 10/2/23 1,193,149 5200233569 ITS PH 1 PARKING GUIDANCE CITY OF PASADENA 9/27/23 566,381 5300223535 RICHLAND RECONSTRUCTION PRECISION ELECTRIC GROUP (CA) 8/10/23 501,224 5200203507 08-0G7904 71 FRWY CHINO CALTRANS 8/4/23 7,197,333 5200623282 Mid-Coast Genesee Ave. Mid-Coast Transit Constructors 7/28/23 7,361,533 5200203482 I-10 REDLANDS FIBER STURGEON ELECTRIC CA, LLC 7/21/23 1,125,112 5200923442 CONDUIT ONLY UNIT 4 City of Los Angeles 7/13/23 3,265,796 5200223547 HUNTINGTON BEACH GATEWAY OLTMANS CONSTRUCTION CO 6/29/23 405,615 5400713341 I 5 NORTH COAST - SEG. #1 FLATIRON SKANSKA-STACY WITB 6/28/23 4,144,974 5200203474 ROSECRANS TRAFFIC SIG IMP CITY OF NORWALK 6/26/23 2,220,150 5300203503 ROUTE 11/125/905 BRIDGE FLATIRON WEST INC 6/16/23 521,876 5200823417 ITS COMM UPGRADE (ATSAC) City of Los Angeles 6/9/23 5,277,271 5200823392 RIVERSIDE DR. LOS ANGELES City of Los Angeles 6/7/23 1,082,869 5200223550 PICO BLVD - SANTA MONICA ACCESS PACIFIC 6/6/23 857,306 5200223553 ROSECRANS RR XING CITY OF NORWALK 6/2/23 66,709 5200223554 SAN ANTONIO RR XING CITY OF NORWALK 6/2/23 92,353 01/13/2026
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LIST OF COMPLETED PROJECTS - LAST 5 YEARS
5300233573 LEVEL TOWNCENTER PED XING LEVEL 10 CONSTRUCTION, LP 6/2/23 28,694 5200213549 LOS COYOTES 10 INTERSECTS CITY OF LONG BEACH 5/25/23 1,296,878 5200223556 FLASHING WALK SIGN RDM ELECTRIC CO. INC. 5/12/23 43,757 5200923453 REDLANDS FLATIRON WEST INC 5/10/23 8,982,009 5200223560 STALDER PLAZA LP CRANE DEVELOPMENT 5/4/23 198,443 5300203486 DISTRICT 11 VMS SIGNS PETERSON - CHASE CONSTRUCTION 5/1/23 1,119,136 5300213505 EL PORTAL UNDERCROSSING GRANITE CONSTRUCTION CO 5/1/23 475,706 5300203466 PARK CIRCLE EAST TOUCHSTONE COMMUNITIES 3/30/23 250,358 5300233588 CAMERAS AT BROADWAY & H CITY OF CHULA VISTA 3/24/23 5,226 5300203465 DISCOVERY CENTER PACIFIC BUILDING GROUP 2/27/23 87,744 5200923444 08-1H52304 RIVERSIDE/SB CALTRANS 2/10/23 4,452,870 5200203489 SANTA CLARITA SELF STORAG DSCM, INC. 2/9/23 130,155 5200223558 GARDEN GROVE MAIN ST ELEC GARDEN GROVE COMMUNITY FOUNDAT 2/2/23 417,312 5300223561 POWAY CROSSING CITY OF POWAY 1/31/23 42,294 5300213515 CAMP PENDLETON TRAF LIGHT SAPPER WEST-SPECTRUM SERVICES 1/17/23 46,009 5200203497 CALTRANS 12-0Q6904 CALTRANS 1/13/23 4,735,301 5200213546 PHASE II TRAF SIGNAL MOD CITY OF PASADENA 1/9/23 1,135,223 5200213539 CSUN PLUMMER AND DARBY 2H CONSTRUCTION, INC. 1/3/23 373,680 5200923443 CONDUIT ONLY UNIT 5 City of Los Angeles 12/30/22 2,522,655 5200213533 E LA MEDIAN STORMWATER MLADEN BUNTICH CONSTRUCTION CO 12/23/22 72,706 5200203502 NASH STREET EXCHANGE LUSARDI CONSTRUCTION COMPANY 10/27/22 738,813 5300213514 CALTRANS 11-419304 RTE 78 HAZARD CONSTRUCTION CO 10/26/22 2,187,417 5300203485 Coastal Villas FAIRFIELD DEVELOPMENT 10/24/22 456,592 5300323129 07-01170U4 W. COVINA 10 AMES CONSTRUCTION 9/30/22 12,686,520 5300203509 JUVENILE JUSTICE CAMPUS BALFOUR BEATTY CONSTRUCTION 9/8/22 329,556 5400713325 City of Vista T&M Work City of Vista 8/12/22 15,971 5200213520 MALVERN AVE TRAF SIG UPGR CITY OF BUENA PARK 7/12/22 402,862 5300923428 CASA MIRA VIEW POWAY GARDEN COMMUNITIES 6/23/22 448,094 5200723350 SOUTH BAY BRT SEGMENT 1 WEST COAST GENERAL CORPOR 6/16/22 4,256,565 5300203492 TRAFFIC CAMERA SYSTEM GOOD & ROBERTS, LLC 6/9/22 24,245 5300213517 I-15 EXPRESS LANE KAPSCH TRAFFICCOM USA, INC. 6/3/22 1,314,740 5300213528 TEMP CAMERA/ TRAF SIG REW UNDERGROUND CONSTRUCTION CO., 5/20/22 97,283 5200323255 CALEXICO T.S. MAINTENANCE CITY OF CALEXICO 5/13/22 25,124 5300213531 RED BEACH CONDUIT INSTALL SECC CORPORATION 5/5/22 64,965 5200823371 BEVERLY HILLS AS-NEEDED CITY OF BEVERLY HILLS 4/20/22 677,456 5200213541 ENTRADA CULVER CITY STURGEON ELECTRIC CA, LLC 3/31/22 12,000 01/13/2026
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LIST OF COMPLETED PROJECTS - LAST 5 YEARS
5300213548 KNOCK DOWN WORK CITY OF SAN CLEMENTE 3/25/22 29,869 5300203513 TRAVEL PLAZA TRAFFIC SIGN TPO, LLC 3/23/22 385,218 5300203490 ARCILLA CLAYCO CONSTRUCTION CO., INC 3/22/22 1,367,776 5300203475 FIRE STATION #5 AND #9 ECC CONSTRUCTORS, INC. 3/17/22 481,259 5300823399 MESA HOUSE PED BIKE BRIDG GRANITE CONSTRUCTION CO 3/3/22 536,326 5200723345 ROUTE 163 FRIARS RD FLATIRON WEST INC 2/24/22 3,225,308 5300213532 LOGAN ELEMENTARY PED INST ROCKY COAST BUILDERS, INC. 2/1/22 36,240 5200323173 HARMONY GROVE VILLAGE MARATHON GENERAL, INC. 1/25/22 1,482,097 5200923426 MONTEBELLO BLVD IMPROVE SEQUEL CONTRACTORS, INC. 1/22/22 1,345,083 5200203481 CULVER CITY STREET IMPROV KPRS CONSTRUCTION SERVICES, IN 1/5/22 49,036 5200213545 OHM GROUND ROD TESTING ALCORN FENCE COMPANY 1/4/22 4,860 5300823405 KSR CSC MURPHY CANYON FULLER ELECTRIC 12/17/21 16,412 5300203498 Fiber TS Interconnect Exp NATIONAL CITY 11/12/21 383,419 5300203495 I805/SR94 Transit Only HAZARD CONSTRUCTION CO 10/28/21 563,300 5200923455 TRAFFIC SIGNAL FIRESTONE FEJES CONSTRUCTION COMPANY 10/27/21 508,372 5300203494 TRAFFIC SIGNAL CABINET CITY OF SAN CLEMENTE 9/28/21 594,730 5200213537 PURPLE LINE EXTENSION STURGEON ELECTRIC CA, LLC 9/25/21 10,000 5200213524 110 LA EMERGENCY WORK DIVERSIFIED LANDSCAPE 9/15/21 150,000 5200203476 UCI BISON AVE TS MOD BITECH CONSTRUCTION CO., INC. 8/31/21 297,492 5200203496 Pasadena TS Improvement CITY OF PASADENA 8/30/21 209,990 5200203473 STEWART & GREY FIBER CITY OF DOWNEY 8/27/21 2,357,014 5200723340 INLAND RAIL TRAIL PULICE CONSTRUCTION, INC. 8/6/21 1,809,901 5300823374 ON-CALL TRAF EQUIP MAINT The City of El Centro 8/5/21 36,888 5200213529 LB BLVD PED IMPROVEMENTS CS LEGACY CONSTRUCTION, INC. 7/16/21 672,770 5300203470 TRAFFIC SIGNAL POINSETTA CITY OF CARLSBAD 7/6/21 651,660 5200203480 UCI ARROYO DR. PED STREET BITECH CONSTRUCTION CO., INC. 6/24/21 126,221 5300213522 MIDDLETON FIBER OPTIC GLOBAL SIGNALS GROUP, INC. 6/11/21 6,099 5300823406 M. MESA 5/805 11-419904 FLATIRON WEST INC 6/4/21 472,431 5200323286 UTC Offsite Project HAZARD CONSTRUCTION CO 6/2/21 682,325 5300923454 EUCLID AVE BIKE & PED Portillo Concrete, Inc. 6/1/21 1,017,027 5300923445 N. UNIVERSITY FIRE 50 RABC-ECC A JOINT VENTURE 5/20/21 244,520 5300203506 SAN DIEGO AIRPORT NEAL ELECTRIC CORPORATIONI 5/1/21 19,225 5200203491 PARAMOUNT BLVD FIRE STATI CITY OF DOWNEY 4/30/21 301,217 5200203438 PALMDALE AEROSPACE ACADEMBOUMA USA, MANAGEMENT LLC 4/15/21 407,955 5200213519 MAIN STREET LIGHT RELOCAT DOTY BROS 4/9/21 8,500 5200203478 THOUSAND OAKS STREETSCAPELOS ANGELES ENGINEERING, INC. 2/24/21 552,095 01/13/2026
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LIST OF COMPLETED PROJECTS - LAST 5 YEARS
5300823390 CITYWIDE TRAFFIC SIGNAL NATIONAL CITY 2/18/21 927,218 5300823419 RANCHO BERNARDO VIDEO DETARB Inc. 2/17/21 184,756 5200723334 CEY South & Tiverton TS UNIVERSITY OF CALIFORNIA LA 1/27/21 1,116,354 5300203467 CT 11-411344 - 8/125 JAZZAR CONSTRUCTION GROUP, INC 1/12/21 212,825 5300923457 WEST GRAND - ESCONDIDO ROCKWOOD CONSTRUCTION GROUP 1/8/21 387,210 5300203471 NUVASIVE PACIFIC BUILDING GROUP 1/5/21 28,216 Total 112 184,506,656
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Line
Item Description Quantity
Unit of
Measure Unit Cost Total
1 Mobilization & Demobilization (5% maximum of Total Base Bid) 1 LS $7,058.00 $7,058.00
2 Public Notification per Supplementary General Provisions, Section 3-11.2 1 LS $5,000.00 $5,000.00 3 Storm Water Pollution Prevention and Erosion Control 1 LS $2,500.00 $2,500.00 4 Traffic Control and Construction Staging 1 LS $10,000.00 $10,000.00 5 Dig Alert and Utility Potholing 1 LS $89,620.00 $89,620.00 6 Receive and Store Owner(City of Vista) Supplied Solar Streetlights 1 LS $5,821.00 $5,821.00 7 Receive and Store Owner(City of Vista) Supplied Ameron 6B126 concrete 1 LS $2,910.00 $2,910.00 8 Furnish Ameron 2B224 concrete pole 24 EA $4,485.00 $107,640.00 9 Install “Type A” Steel Pole Solar Streetlights per Appendix H 62 EA $4,369.00 $270,878.00 10 Install “Type B” Solar Streetlights and Ameron 6B126 pole per Appendix H 2 EA $4,568.00 $9,136.00 11 Install “Type C” Solar Streetlights and Ameron 2B224 pole per Appendix H 24 EA $4,568.00 $109,632.00 Total $620,195.00
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