HomeMy WebLinkAboutL.C. Paving & Sealing Inc; 2025-07-07; PWS25-3859TRANCONTRACT
PUBLIC WORKS
PWS25-3859TRAN
In accordance with the Proclamation of Local Emergency for Repairs in the Kelly Channel
(Resolution No. 2025-094) in the City of Carlsbad, California on April 29, 2025, and extended on
May 20, 2025, and Carlsbad Municipal Code§§ 3.28.110 and 3.28.120, this agreement is made
this 7 fu day of ~1 ~ , 2025, by and between the City of
Carlsbad, California, a munpalcrporation, (hereinafter called "City"), and L.C. Paving &
Sealing, Inc., whose principal place of business is 620 Alpine Way, Escondido, CA 92029
(hereinafter called "Contractor").
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contract documents
for:
KELLY CHANNEL EMERGENCY REPAIRS
CONTRACT NO. 6606
(hereinafter called "project")
2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools,
equipment, and personnel to perform the work specified by the Contract Documents.
3. Contract Documents. The Contract Documents consist of this Contract, Designation of
Subcontractors, Release Form , the Plans and Specifications, the General Provisions,
addendum(s) to said Plans and Specifications and General Provisions, and all proper
amendments and changes made thereto in accordance with this Contract or the Plans and
Specifications, and all bonds for the project; all of which are incorporated herein by this reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as
indicated, specified, and implied by the Contract Documents. Any items of work not indicated or
specified, but which are essential to the completion of the work, shall be provided at the
Contractor's expense to fulfill the intent of said documents. In all instances through the life of the
Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's
decision relative to said intent will be final and binding . Failure of the Contractor to apprise
subcontractors and materials suppliers of this condition of the Contract will not relieve
responsibility of compliance.
4. Payment. Because the work is an emergency repair, all compensation for Contractor's
performance of work under this Contract shall be per section 3-3 EXTRA WORK of the General
Provisions section of this contract. The Engineer will close the estimate of work completed for
progress payments on the last working day of each month. The Contractor will be compensated
on a time and material basis as shown in Exhibit D. The City shall withhold retention as required
by Public Contract Code Section 9203.
5. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches
or other excavations that extend deeper than four feet below the surface Contractor shall
promptly, and before the following conditions are disturbed, notify City, in writing, of any:
{\ •tr Revised 6/1 2/18 Contract No. 6607 Page 1 of 79
PWS25-3859TRAN
Revised 6/12/18 Contract No. 6607 Page 2 of 79
A. Hazardous Waste. Material that Contractor believes may be material that is hazardous
waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed
to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those
indicated.
C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual
nature, different materially from those ordinarily encountered and generally recognized as
inherent in work of the character provided for in the contract.
City shall promptly investigate the conditions, and if it finds that the conditions do materially so
differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of,
or the time required for, performance of any part of the work shall issue a change order under the
procedures described in this contract.
In the event that a dispute arises between City and Contractor whether the conditions materially
differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or
time required for, performance of any part of the work, contractor shall not be excused from any
scheduled completion date provided for by the contract, but shall proceed with all work to be
performed under the contract. Contractor shall retain any and all rights provided either by contract
or by law which pertain to the resolution of disputes and protests between the contracting parties.
6. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements
of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied
and will comply with these requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors, and consultants that are included in this
Contract.
7. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of
Industrial Relations has determined the general prevailing rate of per diem wages in accordance
with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage
rates is on file in the office of the City Engineer and is incorporated by reference herein. Pursuant
to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall
post copies of all applicable prevailing wages on the job site. Contractor shall comply with
California Labor Code, section 1776, which generally requires keeping accurate payroll records,
verifying and certifying payroll records, and making them available for inspection. Contractor shall
require all subcontractors to comply with Section 1776.
8. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and
indemnify and hold harmless the City, and its officers and employees, from all claims, loss,
damage, injury and liability of every kind, nature and description, directly or indirectly arising from
or in connection with the performance of the Contract or work; or from any failure or alleged failure
of Contractor to comply with any applicable law, rules or regulations including those relating to
safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the
same may be caused, resulting directly or indirectly from the nature of the work covered by the
Contract, except for loss or damage caused by the sole or active negligence or willful misconduct
of the City. The expenses of defense include all costs and expenses including attorneys' fees for
litigation, arbitration, or other dispute resolution method.
PWS25-3859TRAN
Revised 6/12/18 Contract No. 6607 Page 3 of 79
Contractor shall also defend and indemnify the City against any challenges to the award of the
contract to Contractor, and Contractor will pay all costs, including defense costs for the City.
Defense costs include the cost of separate counsel for City, if City requests separate counsel.
Contractor shall also defend and indemnify the City against any challenges to the award of the
contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation
by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including
defense costs for the City. Defense costs include the cost of separate counsel for City, if City
requests separate counsel.
9. Insurance. Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, his or her agents, representatives,
employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated
in City Council Policy # 70.
(A) Coverages and Limits Contractor shall maintain the types of coverages and minimum limits
indicted herein:
a. Commercial General Liability Insurance: $2,000,000 combined single limit per occurrence
for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate
in the amounts specified shall be established for the risks for which the City or its agents, officers
or employees are additional insured.
b. Business Automobile Liability Insurance: $2,000,000 combined single limit per accident
for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in
the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and
whether scheduled or non-scheduled.
c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation
limits as required by the Labor Code of the State of California and Employers’ Liability limits of
$1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance
Fund is acceptable to the City.
(B) Additional Provisions: Contractor shall ensure that the policies of insurance required under
this agreement with the exception of Workers’ Compensation and Business Automobile Liability
Insurance contain, or are endorsed to contain, the following provisions.
a. The City, its officials, employees and volunteers are to be covered as additional insured as
respects: liability arising out of activities performed by or on behalf of the Contractor; products
and completed operations of the contractor; premises owned, leased, hired or borrowed by the
contractor. The coverage shall contain no special limitations on the scope of protection afforded
to the City, its officials, employees or volunteers. All additional insured endorsements must be
evidenced using separate documents attached to the certificate of insurance; one for each
company affording general liability, and employers’ liability coverage.
b. The Contractor's insurance coverage shall be primary insurance as respects the City, its
officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its
officials, employees or volunteers shall be in excess of the contractor's insurance and shall not
contribute with it.
c. Any failure to comply with reporting provisions of the policies shall not affect coverage
provided to the City, its officials, employees or volunteers.
PWS25-3859TRAN
Revised 6/12/18 Contract No. 6607 Page 4 of 79
d. Coverage shall state that the contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
(C) Notice of Cancellation. Each insurance policy required by this agreement shall be endorsed
to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in
coverage or limits except after ten (10) days' prior written notice has been sent to the City by
certified mail, return receipt requested.
(D) Deductibles and Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured
retention levels must be declared to and approved by the City. At the option of the City, either:
the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects
the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment
of losses and related investigation, claim administration and defense expenses.
(E) Waiver of Subrogation. All policies of insurance required under this agreement shall contain
a waiver of all rights of subrogation the insurer may have or may acquire against the City or any
of its officials or employees.
(F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or
shall furnish separate certificates and endorsements for each subcontractor. Coverages for
subcontractors shall be subject to all of the requirements stated herein.
(G) Acceptability of Insurers. Insurance is to be placed with insurers that have a rating in Best's
Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of
insurance by the State of California Insurance Commissioner as admitted carriers as evidenced
by a listing in the official publication of the Department of Insurance of the State of California
and/or under the standards specified by City Council Policy # 70.
(H) Verification of Coverage. Contractor shall furnish the City with certificates of insurance and
original endorsements affecting coverage required by this clause. The certificates and
endorsements for each insurance policy are to be signed by a person authorized by that insurer
to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by
the City and are to be received and approved by the City before the Contract is executed by the
City.
(I) Cost of Insurance. The Cost of all insurance required under this agreement shall be included
in the Contractor's bid.
10. Claims and Lawsuits. All claims by Contractor shall be resolved in accordance with Public
Contract Code section 9204, which is incorporated by reference. A copy of Section 9204 is
included in Section 3 of the General Provisions. In addition, all claims by Contractor for $375,000
or less shall be resolved in accordance with the provisions in the Public Contract Code, Division
2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by
reference. A copy of Article 1.5 is included in Section 3 of the General Provisions. In the event
of a conflict between Section 9204 and Article 1.5, Section 9204 shall apply. Notwithstanding the
provisions of this section of the contract, all claims shall comply with the Government Tort Claim
Act (section 900 et seq., of the California Government Code) for any claim or cause of action for
money or damages prior to filing any lawsuit for breach of this agreement.
PWS25-3859TRAN
(A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City
must be asserted as part of the contract process as set forth in this agreement and not in
anticipation of litigation or in conjunction with litigation.
(B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may
be considered fraud and the Contractor may be subject to criminal prosecution.
(C) Government Code. Contractor acknowledges that California Government Code sections
12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits
a false claim to a public entity. These provisions include false claims made with deliberate
ignorance of the false information or in reckless disregard of the truth or falsity of the information.
(D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False
Claims Act, it is entitled to recover its litigation costs, including attorney's fees.
(E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim
may subject the Contractor to an administrative debarment proceeding wherein the Contractor
may be prevented from further bidding on public contracts for a period of up to five years.
(F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32 .025,
3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
(G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by
another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor
from participating in future contract bidding.
(H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction
for resolution of any disputes between the parties arising out of this agreement is San Diego
County, California. ~
I have read and understand all provisions of Section 11 above. -1fj-init ____ init
11. Maintenance of Records. Contractor shall maintain and make available at no cost to the
City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1,
Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's
principal place of business as specified above , Contractor shall so inform the City by certified
letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of
any change of address of such records.
12. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720
of the Labor Code are incorporated herein by reference.
13. Security. Securities in the form of cash, cashier's check, or certified check may be
substituted for any monies withheld by the City to secure performance of this contract for any
obligation established by this contract. Any other security that is mutually agreed to by the
Contractor and the City may be substituted for monies withheld to ensure performance under this
Contract.
14. Unfair Business Practices. In entering into a public works contract or a subcontract to
supply goods, services, or materials pursuant to a public works contract, the contractor or
subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and .,
\.+i' Revised 6/12/18 Contract No. 6607 Page 5 of 79
PWS25-3859TRAN
to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under
the Cartwright Act (Chapter 2 ( commencing with Section 16700) of Part 2 of Division 7 of the
Business and Professions Code), arising from purchases of goods, services, or materials
pursuant to the public works contract or the subcontract. This assignment shall be made and
become effective at the time the awarding body tenders final payment to the contractor, without
further acknowledgment by the parties.
15. Provisions Required by Law Deemed Inserted. Each and every provision of law and
clause required by law to be inserted in this Contract shall be deemed to be inserted herein and
included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not
correctly inserted, then upon application of either party, the Contract shall forthwith be physically
amended to make such insertion or correction.
16. Additional Provisions. Any additional provisions of this agreement are set forth in the
"General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
ATTACHED
(CORPORA TE SEAL)
CONTRACTOR:
L.C . PAVING & SEALING, INC.
ontractor)
By: _-t-1:.,,,......----:--:----:----:-------( sign here)
ALINAS, PRESIDENT ~ Cf"O
(print name and title)
By: ____________ _
(sign here)
(print name and title)
CITY OF CARLSBAD a municipal corporation
of the State of California
GEOFF PATNOE, City Manager
President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under the corporate seal empowering that officer to bind the corporation .
APPROVED AS TO FORM:
CINDIE K. McMAHON
City Attorney
By: __ -_-+-~--_-__ / _____ _ ,
-~ '-ti' Revised 6/12/18 Contract No. 6607 Page 6 of 79
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
county of SAN DIEGO
before me, MARISA HAAS, NOTARY PUBLIC
(insert name and title of the officer)
personally appeared _J_O_S_E_S_A_L_IN_A_S ___________________ _
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted , executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of Californ ia that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signatur:1J _...__
'
(Seal)
I llllllll llll 11111111111111111
Entity Details
Corporation Name
Entity No.
Formed In
STATE OF CALIFORNIA
Office of the Secretary of State
STATEMENT OF INFORMATION
CORPORATION
California Secretary of State
1500 11th Street
Sacramento, California 95814
(916) 653-3516
Street Address of Principal Office of Corporation
Principal Address
Mailing Address of Corporation
Mailing Address
Attention
Street Address of California Office of Corporation
Street Address of California Office
Officers
Officer Name Officer Address
11111111111111111 IIIII 1111111111 1111111111 lllll 1111111111 11111 1111111111111
L.C. PAVING & SEALING, INC.
3286410
CALIFORNIA
620 ALPINE WAY
ESCONDIDO, CA 92029
620 ALPINE WAY
ESCONDIDO, CA 92029
Marisa Haas
620 ALPINE WAY
ESCONDIDO, CA 92029
BA20231586185
For Office Use Only
-FI LE D-
File No.: BA20231586185
Date Filed: 10/12/2023
Position(s)
JOSE A. SALINAS 620 ALPINE WAY Chief Executive Officer, Secretary, Chief Financial Officer
ESCONDIDO, CA 92029
Additional Officers
Officer Name I Officer Address I Position I Stated Position
None Entered
Directors
Director Name Director Address
JOSE A. SALINAS 620 ALPINE WAY
ESCONDIDO, CA 92029
The number of vacancies on Board of Directors is: O
Agent for Service of Process
Agent Name JOSE A. SALINAS
Agent Address 620 ALPINE WAY
ESCONDIDO, CA 92029
Type of Business
Type of Business LC PAVING AND SEALING INC
Email Notifications
Opt-in Email Notifications Yes, I opt-in to receive entity notifications via email.
Labor Judgment
No Officer or Director of this Corporation has an outstanding final judgment issued by the Division of Labor
Standards Enforcement or a court of law, for which no appeal therefrom is pending, for the violation of any wage
order or provision of the Labor Code.
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Electronic Signature
181 By signing, I affirm that the information herein is true and correct and that I am authorized by California law to sign.
Mar isa Haas 10/12/2023
Signature Date
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Page 2 of 2
PWS25-3859TRAN
EXHIBIT A
LISTING OF SUBCONTRACTORS BY GENERAL
CONTRACTOR
Set forth below is the full name and location of the place of business of each sub-contractor whom
the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent
of the total bid , and the portion of the Project which will be done by each sub-contractor for each
subcontract.
NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of
the Project to be performed under the contract in excess of one-half of one percent of the
bid , the contractor shall be deemed to have agreed to perform such portion, and that the
Contractor shall not be permitted to sublet or subcontract that portion of the work, except
in cases of public emergency or necessity, and then only after a finding, reduced in writing
as a public record of the Awarding Authority, setting forth the facts constituting the
emergency or necessity in accordance with the provisions of the Subletting and
Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract
Code).
If no subcontractors are to be employed on the project, enter the word "NONE."
SUBCONTRACTORS
Portion of Project to Business Name and Address DIR Registration License No., %of
be Subcontracted No. Classification & Total
Expiration Date Contract
NONE
Total % Subcontracted: -------
The Contractor must perform no less than fifty percent (50%) of the work with its own forces .
. " f.+; Revised 6/12/18 Contract No. 6607 Page 7 of 79
EXHIBIT C
PWS25-3859TRAN
Bond No. GM245068
Premium: $6,350.00
SUBJECT TO ADJUSTMENT BASED ON
FINAL CONTRACT PRICE
FAITHFUL PERFORMANCE/WARRANTY BOND
WHEREAS, the City of Carlsbad, State of California, has administratively awarded to LC. Paving
& Sealing, Inc. (hereinafter designated as the "Principal"), a Contract for:
KELLY CHANNEL EMERGENCY REPAIRS
CONTRACT NO. 6606
in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and
other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of
which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond for the faithful performance and warranty of said Contract;
NOW, THEREFORE, WE, LC. Paving & Sealing, Inc., as Principal, (hereinafter designated as
the "Contractor"), and Great Midwest Insurance Company as Surety, are held firmly
bound unto the City of Carlsbad in the sum of three hundred fifty-six thousand six hundred sixty
dollars ($356,660}, said sum being an amount equal to: One hundred percent (100%) of the total
amount payable under the terms of the contract by the City of Carlsbad, and for which payment
well and truly to be made we bind ourselves, our heirs, executors and administrators, successors,
or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by,
and well and truly keep and perform the covenants, conditions, and agreements in the Contract
and any alteration thereof made as therein provided on their part, to be kept and performed at the
time and in the manner therein specified, and in all respects according to their true intent and
meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and
agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall
remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore,
there shall be included costs and reasonable expenses and fees, including reasonable attorney's
fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and
included in any judgment rendered.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms
of the Contract, or to the work to be performed there under or the specifications accompanying
the same shall affect its obligations on this bond, and it does hereby waive notice of any change,
extension of time, alterations or addition to the terms of the contract or to the work or to the
specifications.
,,
.... Revised 6/12/18 Contract No. 6607 Page 10 of79
PWS25-3859TRAN
In the event that Contractor is an individual, it is agreed that the death of any such Contractor
shall not exonerate the Surety from its obligations under this bond.
SIGNED AND SEALED, this _1_3t_h _____ day of _J_un_e __________ , 20~
LC Paving & Sealing, Inc. (SEAL)
~rincipal)
By:-----------------(Signature)
. )6SL SaLtnoS, l?<.tS>Jkytf Lawrence F. McMahon, Attorney-in-Fact
(Print Name & Title) (Print Name & Title)
(SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE)
APPROVED AS TO FORM:
CINDIE K. McMAHON
City Attorney
By: _ __,t_/2:~<"=-~L======------
l'\ • ., Revised 6/12/18 Contract No. 6607 Page 11 of 79
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
county of SAN DIEGO
On _JlAY\l, ,, I 1,01,,5 before me, MARISA HMS, NOTARY PUBLIC
(insert name and title of the officer)
personally appeared _J_O_S_E_S_A_L_I_N_A_S ___________________ _
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies}, and that by his/her/their signature(s) on the instrument the
person(s}, or the entity upon behalf of which the person(s) acted , executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
(Seal)
........ f
MARISAANN HAAS
Notary Public -California :
San Olejo County ~
Commission II 2466839 -
y Comm. Expires Oct 17, 2027
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Diego )
On June 13, 2025 before me Minna Huovila, Notary Public ·-------------------(insert name and title of the officer)
personally appeared Lawrence F. McMahon
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature tJ}u l~ (Seal)
!@-a • ~i~~-~~g~~~ A
U NOTARY PUBLIC-CALIFORNIA Cl)
U> SAN DIEGO COUNTY ~ u1 My Commission Expires 1 _ DECEMBER 6, 2027 _
POWER OF ATTORNEY
Great Midwest Insurance Company
KNOW ALL MEN BY THESE PRESENTS, that GREAT MIDWEST INSURANCE COMPANY, a Texas Corporation, with its principal office
in Houston, TX, does hereby constitute and appoint:
Sarah Myers, Janice Martin, Maria Guise, Ryan Warnock, Lawrence F. McMahon, Maria Hallmark
its true and lawful Attorney(s)-ln-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or othe
writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of GREAT MIDWEST
INSURANCE COMPANY, on the 1st day of April, 2025 as follows:
Resolved, that the President, or any officer, be and hereby is, authorized to appoint and empower any representative of the Company o
other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or othe
writings obligatory in nature of a bond not to exceed One-Hundred Million dollars ($100,000,000.00), which the Company might execute through
its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-In-Fact shall be as
binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-In
Fact, so appointed, may be removed in the Company's sole discretion and the authority so granted may be revoked as specified in the Power o
Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by electronic mail on any power of attorney
granted, and the signature of the Secretary, and the seal of the Company may be affixed by electronic mail to any certificate of any such power
and any such power or certificate bearing such electronic signature and seal shall be valid and binding on the Company. Any such power so
executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be
valid and binding on the Company.
IN WITNESS THEREOF, GREAT MIDWEST INSURANCE COMPANY, has caused this instrument to be signed by its President, and its
Corporate Seal to be affixed this 8th day of April, 2025.
ACKNOWLEDGEMENT
GREAT MIDWEST INSURANCE COMPANY
Mark W. Haushill
President
On this 8th day of April 2025, before me, personally came Mark W. Haushill to me known, who being duly sworn, did depose and say
that he is the President of GREAT MIDWEST INSURANCE COMPANY, the corporation described in and which executed the above instrument; that
he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation.
CHRISTINABISHOP
My Nota,y ID I 13109048&
Expires Apri 14, 2029
CERTIFICATE
BY ~#1 ✓
Christina Bishoptt/2
Notary Public
I, the undersigned, Secretary of GREAT MIDWEST INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY tha
the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions
as set forth are now in force.
13th June 2025 Signed and Sealed at Houston, TX this ____ Day of _________ _
"WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files and application for insurance of claim
containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a
fraudulent insurance act, which Is a crime and subjects such person to criminal and civil penalties.
EXHIBIT B
LABOR AND MATERIALS BOND
PWS25-3859TRAN
Bond No. GM245068
Premium Included in
Performance Bond
WHEREAS, the City of Carlsbad, State of California, has administratively awarded to LC. Paving
& Sealing, Inc. (hereinafter designated as the "Principal"), a Contract for:
KELLY CHANNEL EMERGENCY REPAIRS
CONTRACT NO. 6606
in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract
Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are
incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail
to pay for any materials, provisions, provender or other supplies or teams used in, upon or about
the performance of the work agreed to be done, or for any work or labor done thereon of any kind ,
the Surety on this bond will pay the same to the extent hereinafter set forth.
NOW, THEREFORE, WE, LC. Paving & Sealing, Inc., as Principal, (hereinafter designated as
the "Contractor"), and Great Midwest Insurance Company as Surety, are held firmly
bound unto the City of Carlsbad in the sum of three hundred fifty-six thousand six hundred sixty
dollars ($356,660), said sum being an amount equal to: One hundred percent (100%) of the total
amount payable under the terms of the contract by the City of Carlsbad, and for which payment
well and truly to be made we bind ourselves, our heirs, executors and administrators, successors,
or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her
subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in ,
upon, for, or about the performance of the work contracted to be done, or for any other work or
labor thereon of any kind , consistent with California Civil Code section 9100, or for amounts due
under the Unemployment Insurance Code with respect to the work or labor performed under this
Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment
Development Department from the wages of employees of the contractor and subcontractors
pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and
labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond,
reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section
9554.
This bond shall inure to the benefit of any of the persons named in California Civil Code section
9100, so as to give a right of action to those persons or their assigns in any suit brought upon the
bond .
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms
of the Contract, or to the work to be performed hereunder or the specifications accompanying the
same shall affect its obligations on this bond, and it does hereby waive notice of any change,
extension of time, alterations or addition to the terms of the contract or to the work or to the
specifications.
{'\
•,;' Revised 6/12/18 Contract No. 6607 Page 8 of 79
PWS25-3859TRAN
In the event that Contractor is an individual, it is agreed that the death of any such Contractor
shall not exonerate the Surety from its obligations under this bond.
In the event that Contractor is an individual, it is agreed that the death of any such Contractor
shall not exonerate the Surety from its obligations under this bond.
SIGNED AND SEALED, this _1_3t_h _____ day of_Ju_n_e __________ , 20_2_5 _
LC Paving & Sealing, Inc. (SEAL)
(Principal)
By ~ ~
.~ $,J.Lu-,as, :Pc&Mccl
(Print Name & Title)
_G_re_a_t _M_id_w_es_t_ln_su_r_an_c_e_C_om_..._pa_n_._y __ (SEAL)
By ¥ ::::::re)
Lawrence F. McMahon, Attorney-in-Fact
(Print Name & Title)
(SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE)
APPROVED AS TO FORM:
CINDIE K. McMAHON
City Attorney
By: __ .... /._-_~_Z--_~_::~_ -_-_ ____ _
{'\ • ., Revised 6/12/18 Contract No. 6607 Page 9 of 79
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
county of SAN DIEGO
before me, MARISA HAAS, NOTARY PUBLIC
(insert name and title of the officer)
personally appeared _J_O_S_E_S_A_L_I_N_A_S ___________________ _
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
MARISA ANH HMS
Hotuy Public • California :
San 0lfiO County ~
Commission # 2◄66839
y Comm. Explm Oct 17, 2027
(Seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Diego
on June 13, 2025 before me, Minna Huovila, Notary Public
(insert name and title of the officer)
personally appeared Lawrence F. McMahon
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies}, and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESSm~I.
Signature_~-~-......... ._._---=--------(Seal)
I Q ~INNA HUOVILA I .,. COMM. #2473536 o
U NOTARY PUBLIC-CALIFORNIA en ~ SAN DIEGO COUNTY ~
I My Commission Expires 1 _ DECEMBER 6. 2027 _
POWER OF ATTORNEY
Great Midwest Insurance Company
KNOW ALL MEN BY THESE PRESENTS, that GREAT MIDWEST INSURANCE COMPANY, a Texas Corporation, with its principal office
in Houston, TX, does hereby constitute and appoint:
Sarah Myers, Janice Martin, Maria Guise, Ryan Warnock, Lawrence F. McMahon, Maria Hallmark
its true and lawful Attorney(s)-ln-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or othe
writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of GREAT MIDWEST
INSURANCE COMPANY, on the 1st day of April, 2025 as follows:
Resolved, that the President, or any officer, be and hereby is, authorized to appoint and empower any representative of the Company o
other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or othe
writings obligatory in nature of a bond not to exceed One-Hundred Million dollars ($100,000,000.00), which the Company might execute through
its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-In-Fact shall be as
binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-In
Fact, so appointed, may be removed in the Company's sole discretion and the authority so granted may be revoked as specified in the Power o
Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by electronic mail on any power of attorney
granted, and the signature of the Secretary, and the seal of the Company may be affixed by electronic mail to any certificate of any such power
and any such power or certificate bearing such electronic signature and seal shall be valid and binding on the Company. Any such power so
executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be
valid and binding on the Company.
IN WITNESS THEREOF, GREAT MIDWEST INSURANCE COMPANY, has caused this instrument to be signed by its President, and its
Corporate Seal to be affixed this 8th day of April, 2025.
ACKNOWLEDGEMENT
GREAT MIDWEST INSURANCE COMPANY
Mark W. Haushill
President
On this 8th day of April 2025, before me, personally came Mark W. Haushill to me known, who being duly sworn, did depose and say
that he is the President of GREAT MIDWEST INSURANCE COMPANY, the corporation described in and which executed the above instrument; that
he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation.
CHRISTINABISHOP
My Notafy ID# 131090488
Expires Alri 14, 2029
CERTIFICATE
BY ~4Mt ✓
Christina Bishopttfl
Notary Public
I, the undersigned, Secretary of GREAT MIDWEST INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY tha
the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions
as set forth are now in force.
13th June 2025 Signed and Sealed at Houston, TX this ____ Day of _________ _
"WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files and application for insurance of claim
containing any materially false Information, or conceals for the purpose of misleading, Information concerning any fact material thereto, commits a
fraudulent Insurance act, which is a crime and subjects such person to criminal and civil penalties.
FLEET COMPLIANCE CERTIFICATION.
Bidder hereby acknowledges that they have reviewed the CARB's policies, rules
and regulations and are familiar with the requirements of Title 13, California Code
of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the
"Regulation"). Bidder hereby certifies, subject to the penalty of perjury, that the
option checked below relating to the Bidder's fleet, and/or that of their
subcontractor(s) ("Fleet") is true and correct:
k The Fleet is subject to the requirements of the Regulation, and the
l appropriate Certificate(s) of Reported Compliance have been attached
hereto.
□ The Fleet is exempt from the Regulation under Section 2449.1 (f)(2), and
a signed description of the subject vehicles, and reasoning for exemption
has been attached hereto.
□ Bidder and/or their subcontractor is unable to procure R99 or R 100
renewable diesel fuel as defined in the Regulation pursuant to Section
2449.1 (f)(3). Bidder shall keep detailed records describing the normal
refueling methods, their attempts to procure renewable diesel fuel and
proof that shows they were not able to procure renewable diesel (i.e.,
third party correspondence or vendor bids).
□ The Fleet is exempt from the requirements of the Regulation pursuant to
Section 2449(i)(4) because this Project has been deemed an
"emergency", as that term is defined in Section 2449(c)(18). Bidder shall
only operate the exempted vehicles in the emergency situation and
records of the exempted vehicles must be maintained, pursuant to
Section 2449(i)(4).
□ The Fleet does not fall under the Regulation or are otherwise exempt and
a detailed reasoning is attached to this certification.
Signature:
Name:
Title: PRESIDENT
Date: JUNE 17, 2025
City Attorney Approved Version 12/14/2023
California Environmental P rotection Agency
Air Resources Board
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sediOn 2449. All appti¢ablenNctnownedt,J·th&lrn:t'lii\tual, ~i or agencyffllJ.St tica
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http:/lwww.arb.ca.govldooF$/comp11ance_cert1 .html .
PWS25-3859TRAN
Revised 6/15/17 Contract No. 6607 Page 12 of 79
EXHIBIT D
KELLY CHANNEL EMERGENCY REPAIRS
Contractor shall provide all labor, equipment, and materials necessary to remove the existing failed PCC debris, repair the channel void and reconstruct the PCC channel embankment, on a
time and materials basis not to exceed $$356,660 per the quote below. Time and materials payments shall be made to the Contractor in accordance with Section 3-3 Extra Work of the General Provisions of this contract. Contractor rate sheet is attached as Appendix A. All work
shall be in accordance with the City of Carlsbad Engineering Standards and the latest edition of the Standard Specifications for Public Works Construction (Greenbook).
Contractor shall assume all responsibility for location and avoidance or repair of all underground
utilities, including, but not limited to, gas, water, electric, cable TV, telephone, sanitary sewer, and
storm sewer. If the contractor fails to adequately protect the utilities, any resulting damage shall
be repaired at Contractor's cost.
Contractor shall assume all responsibility for safety during performance of the work. Excavations
shall be shored, existing infrastructure will be protected and secured, and workmen protected in
accordance with OSHA and all other applicable federal, state, and local regulations. Contractor
shall conform to the rules and regulations of the State Construction Safety Orders pertaining to
excavation and grading.
JOB QUOTATION
ITEM
NO. UNIT UNIT
COST QTY DESCRIPTION PRICE
1 LS 1 Mobilization & Demobilization $25,000
2 LS 1 Public Notification $500
3 LS 1 City of Carlsbad Storm Water Compliance SWPPP
Preparation, Implementation and Maintenance $10,000
4 LS 1 Clearing & Grubbing $23,000
5 CY $400 30 Remove & Crush Existing PCC Debris (re-use as fill) $12,000
6 LF $425 50 Demolition & Removal of Existing PCC Lining $21,250
7 CY $445 76 Removal Of Unsuitable Earthen Material $33,820
8 LS 1 Dewatering $20,000
9 LS 1 Diversion, Maintenance & Removal $13,500
10 CY $1,300 30 Structural Shotcrete (6" Thick) $39,000
11 CY $650 190 2-Sack Slurry Fill $123,500
12 CY $1,180 8 1/4 Ton Rip-Rap $9,440
13 CY $475 54 Regrade East side of channel (Export) $25,650
TOTAL (Time & Materials, Not-to-Exceed)* $356,660
*Includes taxes, fees, expenses and all other costs.
PWS25-3859TRAN
Revised 6/15/17 Contract No. 6607 Page 13 of 79
GENERAL PROVISIONS
FOR
KELLY CHANNEL EMERGENCY REPAIRS
CONTRACT NO. 6606
CITY OF CARLSBAD
BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1,
GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR
PUBLIC WORKS CONSTRUCTION
SECTION 1 -- TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS
1-1 TERMS – Unless otherwise stated, the words directed, required, permitted, ordered,
instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or
words of like meaning, refer to actions, expressions, and prerogatives of the Engineer.
1-1.1 Reference to Drawings. Where words "shown”, "indicated”, "detailed”, "noted”,
"scheduled”, or words of similar import are used, it shall be understood that reference is made to
the plans accompanying these provisions, unless stated otherwise.
1-1.2 Directions. Where words "directed”, "designated”, "selected”, or words of similar import
are used, it shall be understood that the direction, designation or selection of the Engineer is
intended, unless stated otherwise. The word "required” and words of similar import shall be
understood to mean "as required to properly complete the work as required and as approved by
the Engineer," unless stated otherwise.
1-1.3 Equals and Approvals. Where the words "equal”, "approved equal”, "equivalent”, and
such words of similar import are used, it shall be understood such words are followed by the
expression "in the opinion of the Engineer”, unless otherwise stated. Where the words "approved”,
"approval”, "acceptance”, or words of similar import are used, it shall be understood that the
approval, acceptance, or similar import of the Engineer is intended.
1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its
expense, shall perform all operations, labor, tools and equipment, and further, including the
furnishing and installing of materials that are indicated, specified or required to mean that the
Contractor, at its expense, shall furnish and install the work, complete in place and ready to use,
including furnishing of necessary labor, materials, tools, equipment, and transportation.
1-2 DEFINITIONS. The following words, or groups of words, shall be exclusively defined by
the definitions assigned to them herein.
PWS25-3859TRAN
Revised 6/15/17 Contract No. 6607 Page 14 of 79
Addendum – Written or graphic instrument issued prior to the opening of Bids which clarifies,
corrects, or changes the bidding or Contract Documents. The term Addendum shall include
bulletins and all other types of written notices issued to potential bidders prior to opening of Bids.
Agency – The City of Carlsbad, California.
Agreement – See Contract.
Assessment Act Contract – A Contract financed by special assessments authorized under a
State Act or procedural ordinance of a City or County.
Base – A layer of specified material of planned thickness placed immediately below the pavement
or surfacing.
Bid – The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices
for the Work.
Bidder – Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid
for the Work, acting directly or through a duly authorized representative.
Board – The officer or body constituting the awarding authority of the Agency, which is the City
Council for the City of Carlsbad or the Board of Directors of Carlsbad Municipal Water District.
Bond – Bid, performance, and payment bond or other instrument of security.
City Council – the City Council of the City of Carlsbad.
City Manager – the City Manager of the City of Carlsbad or his/her approved representative.
Cash Contract – A Contract financed by means other than special assessments.
Change Order – A written order to the Contractor signed by the Agency directing an addition,
deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued
after the effective date of the Contract. A Change Order may or may not also be signed by the
Contractor.
Code – The terms Government Code, Labor Code, etc., refer to codes of the State of California.
Construction Manager– the Project Inspector’s immediate supervisor and first level of appeal
for informal dispute resolution.
Contract – The written agreement between the Agency and the Contractor covering the Work.
Contract Documents – Including but not limited to; the Contract, any Addendum (which pertain
to the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (including
documentation accompanying the Bid and any post-bid documentation submitted prior to the
Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions,
permits from other agencies, the Technical Specifications, the Supplemental Provisions, the
Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications
issued after the execution of the Contract.
PWS25-3859TRAN
Revised 6/15/17 Contract No. 6607 Page 15 of 79
Contractor – The individual, partnership, corporation, joint venture, or other legal entity having a
Contract with the Agency to perform the Work. In the case of work being done under permit issued
by the Agency, the permittee shall be constructed to be the Contractor. The term “prime
contractor” shall mean Contractor.
Contract Price – The total amount of money for which the Contract is awarded.
Contract Unit Price – The amount stated in the Bid for a single unit of an item of work.
County Sealer – The Sealer of Weights and Measures of the county in which the Contract is let.
Days – Days shall mean consecutive calendar’s days unless otherwise specified.
Deputy City Engineer, Construction Management & Inspection – The Construction Manager’s
immediate supervisor and second level of appeal for informal dispute resolution.
Dispute Board – Persons designated by the City Manager of the City of Carlsbad or Executive
Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims
submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive Manager
for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution.
Electrolier – Street light assembly complete, including foundation, standard, luminaire arm,
luminaire, etc.
Engineer – The City Engineer of the City of Carlsbad or his/her approved representative. The
Engineer is the third level of appeal for informal dispute resolution.
Geotextile – Synthetic fiber used in civil engineering applications, serving the primary functions
of separation and filtration.
House Connection Sewer – A sewer, within a public street or right-of-way, proposed to connect
any parcel, lot, or part of a lot with a mainline sewer.
House Sewer – A sewer, wholly within private property, proposed to connect any building to a
house connection sewer.
Luminaire – The lamp housing including the optical and socket assemblies (and ballast if so
specified).
Luminaire Arm – The structural member, bracket, or mast arm, which, mounted on the standard,
supports the luminaire.
Minor Bid Item – A single contract item constituting less than 10 percent (10%) of the original
Contract Price bid.
Modification – Includes Change Orders and Supplemental Agreements. A Modification may only
be used after the effective date of the Contract.
Notice of Award – The written notice by the Agency to the successful Bidder stating that upon
compliance by it with the required conditions, the Agency will execute the Contract.
PWS25-3859TRAN
Revised 6/15/17 Contract No. 6607 Page 16 of 79
Notice to Proceed – A written notice given by the Agency to the Contractor fixing the date on
which the Contract time will start.
Own Organization - When used in Section 2-3.1 – Employees of the Contractor who are hired,
directed, supervised and paid by the Contractor to accomplish the completion of the Work.
Further, such employees have their employment taxes, State disability insurance payments, State
and Federal income taxes paid and administered, as applicable, by the Contractor. When used in
Section 2-3.1 “own organization” means construction equipment that the Contractor owns or
leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment
with an operator is not part of the Contractor's Own Organization and will not be included for the
purpose of compliance with Section 2-3.1.
Person – Any individual, firm, association, partnership, corporation, trust, joint venture, or other
legal entity.
Plans – The drawings, profiles, cross sections, working drawings, and supplemental drawings, or
reproductions thereof, approved by the Engineer, which show the location, character, dimensions,
or details of the Work.
Private Contract – Work subject to Agency inspection, control, and approval, involving private
funds, not administered by the Agency.
Project Inspector – The Engineer’s designated representative for inspection, contract
administration and first level for informal dispute resolution.
Proposal – See Bid.
Reference Specifications – Those bulletins, standards, rules, methods of analysis or test, codes,
and specifications of other agencies, engineering societies, or industrial associations referred to
in the Contract Documents. These refer to the latest edition, including amendments in effect and
published at the time of advertising the project or issuing the permit, unless specifically referred
to by edition, volume, or date.
Roadway – The portion of a street reserved for vehicular use.
Service Connection – Service connections are all or any portion of the conduit, cable, or duct,
including meter, between a utility distribution line and an individual consumer.
Sewer – Any conduit intended for the reception and transfer of sewage and fluid industrial waste.
Specifications – General Provisions, Standard Specifications, Technical Specifications,
Reference Specifications, Supplemental Provisions, and specifications in Supplemental
Agreements between the Contractor and the Board.
Standard – The shaft or pole used to support street lighting luminaire, traffic signal heads, mast
arms, etc.
Standard Plans – Details of standard structures, devices, or instructions referred to on the Plans
or in Specifications by title or number.
PWS25-3859TRAN
Revised 6/15/17 Contract No. 6607 Page 17 of 79
Standard Specifications – The Standard Specifications for Public Works Construction
(SSPWC), the “Greenbook”.
State – State of California.
Storm Drain – Any conduit and appurtenances intended for the reception and transfer of storm
water.
Street – Any road, highway, parkway, freeway, alley, walk, or way.
Subbase – A layer of specified material of planned thickness between a base and the subgrade.
Subcontractor – An individual, firm, or corporation having a direct contract with the Contractor
or with any other Subcontractor for the performance of a part of the Work.
Subgrade – For roadways, that portion of the roadbed on which pavement, surfacing, base,
subbase, or a layer of other material is placed. For structures, the soil prepared to support a
structure.
Supervision – Supervision, where used to indicate supervision by the Engineer, shall mean the
performance of obligations, and the exercise of rights, specifically imposed upon and granted to
the Agency in becoming a party to the Contract. Except as specifically stated herein, supervision
by the Agency shall not mean active and direct superintendence of details of the Work.
Supplemental Agreement – A written amendment of the Contract Documents signed by both
parties.
Supplemental Provisions – Additions and revisions to the Standard Specifications setting forth
conditions and requirements peculiar to the work.
Surety – Any individual, firm, or corporation, bound with and for the Contractor for the acceptable
performance, execution, and completion of the Work, and for the satisfaction of all obligations
incurred.
Tonne – Also referred to as “metric ton”. Represents a unit of measure in the International System
of Units equal to 1,000 kilograms.
Utility – Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers,
or storm drains owned, operated, or maintained in or across a public right of way or private
easement.
Work – That which is proposed to be constructed or done under the Contract or permit, including
the furnishing of all labor, materials, equipment, and services.
1-3 ABBREVIATIONS
1-3.1 General. The abbreviation herein, together with others in general use, are applicable to
these Standard Specifications and to project Plans or other Contract Documents.
PWS25-3859TRAN
Revised 6/15/17 Contract No. 6607 Page 18 of 79
All abbreviations and symbols used on Plans for structural steel construction shall conform to
those given by the “Manual of Steel Construction” published by the American Institute of Steel
Construction, Inc.
1-3.2 Common Usage
Abbreviation Word or Words
ABAN .............................................................Abandon
ABAND .......................................................Abandoned
ABS ........................ Acrylonitrile – butadiene – styrene
AC .................................................... Asphalt Concrete
ACP ........................................... Asbestos cement pipe
ACWS ..................... Asphalt concrete wearing surface
ALT ................................................................Alternate
APTS ................................. Apartment and Apartments
AMER STD ................................... American Standard
AWG ............... American Wire Gage (nonferrous wire)
BC .................................................. Beginning of curve
BCR ....................................... Beginning of curb return
BDRY ............................................................Boundary
BF ..................................................... Bottom of footing
BLDG ........................................ Building and Buildings
BM ............................................................. Bench mark
BVC .................................... Beginning of vertical curve
B/W ........................................................... Back of wall
C/C ..................................................... Center to center
CAB ...................................... Crushed aggregate base
CAL/OSHA ............ California Occupational Safety and
Health Administration
CalTrans ....... California Department of Transportation
CAP .................................... Corrugated aluminum pipe
CB ............................................................. Catch Basin
Cb ........................................................................ Curb
CBP ............................... Catch Basin Connection Pipe
CBR ....................................... California Bearing Ratio
CCR ............................ California Code of Regulations
CCTV ....................................Closed Circuit Television
CES .......................... Carlsbad Engineering Standards
CF ................................................................ Curb face
CF ................................................................ Cubic foot
C&G .................................................... Curb and gutter
CFR ................................ Code of Federal Regulations
CFS ......................................... Cubic Feet per Second
CIP ......................................................... Cast iron pipe
CIPP ................................................ Cast-in place pipe
CL ............................................. Clearance, center line
CLF .................................................... Chain link fence
CMB ............................... Crushed miscellaneous base
CMC ......................................... Cement mortar-coated
CML ............................................ Cement mortar-lined
CMP ......................................... Corrugated Metal Pipe
CMWD .................... Carlsbad Municipal Water District
CO .................................................... Cleanout (Sewer)
COL ..................................................................Column
COMM ....................................................... Commercial
CONC ........................................................... Concrete
CONN ........................................................ Connection
CONST .................................. Construct, Construction
COORD ...................................................... Coordinate
CSP ............................................ Corrugated steel pipe
CSD ............................... Carlsbad Standard Drawings
CTB ............................................ Cement treated base
CV ............................................................ Check valve
CY ............................................................... Cubic yard
D .............................................................. Load of pipe
dB ................................................................... Decibels
DBL .................................................................. Double
DF ............................................................... Douglas fir
DIA ................................................................ Diameter
DIP ..................................................... Ductile iron pipe
DL ................................................................Dead load
DR ...................................................... Dimension Ratio
DT .................................................................Drain Tile
DWG ............................................................... Drawing
DWY .............................................................. Driveway
DWY APPR ................................... Driveway approach
E ....................................................................... Electric
EA ........................................................................ Each
EC ............................................................ End of curve
ECR ................................................ End of curb return
EF ................................................................ Each face
EG ......................................................... Edge of gutter
EGL .................................................. Energy grade line
EI ................................................................... Elevation
ELC ..................................... Electrolier lighting conduit
ELT ........................................................ Extra long ton
ENGR ....................................... Engineer, Engineering
EP ................................................... Edge of pavement
ESMT ........................................................... Easement
ETB .......................................... Emulsion-treated base
EVC ............................................... End of vertical curb
EWA ............................... Encina Wastewater Authority
EXC ............................................................ Excavation
EXP JT ................................................. Expansion joint
EXST ............................................................... Existing
F .................................................................. Fahrenheit
F&C ................................................... Frame and cover
F&I .................................................. Furnish and install
FAB ............................................................... Fabricate
FAS ............................................... Flashing arrow sign
FD ............................................................... Floor drain
FDN ............................................................ Foundation
FED SPEC ................................. Federal Specification
FG ........................................................ Finished grade
FH ............................................................. Fire hydrant
FL ................................................................... Flow line
FS ...................................................... Finished surface
FT-LB .........................................................Foot-pound
FTG .................................................................. Footing
FW ............................................................ Face of wall
G ........................................................................... Gas
GA ..................................................................... Gauge
GAL ............................................... Gallon and Gallons
PWS25-3859TRAN
Revised 6/15/17 Contract No. 6607 Page 19 of 79
GALV ......................................................... Galvanized
GAR ........................................... Garage and Garages
GIP .............................................. Galvanized iron pipe
GL ........................................ Ground line or grade line
GM .............................................................. Gas meter
GNV ............................................... Ground Not Visible
GP ..................................................................Guy pole
GPM ................................................ gallons per minute
GR ...................................................................... Grade
GRTG ............................................................... Grating
GSP ........................................... Galvanized steel pipe
H ............................................................ High or height
HB .................................................................. Hose bib
HC ................................................... House connection
HDWL ........................................................... Headwall
HGL .............................................. Hydraulic grade line
HORIZ .......................................................... Horizontal
HP ............................................................. Horsepower
HPG ................................................ High pressure gas
HPS ................................ High pressure sodium (Light)
HYDR ............................................................ Hydraulic
IE ......................................................... Invert Elevation
ID ........................................................ Inside diameter
INCL ...............................................................Including INSP .............................................................Inspection
INV ...................................................................... Invert
IP .................................................................... Iron pipe
JC ..................................................... Junction chamber
JCT .................................................................Junction JS ..................................................... Junction structure JT ......................................................................... Joint
L ........................................................................ Length
LAB ............................................................. Laboratory
LAT ................................................................... Lateral
LB ...................................................................... Pound
LD ..................................................... Local depression LF ................................................................ Linear foot
LH ............................................................... Lamp hole
LL ...................................................................Live load
LOL .............................................................Layout line
LONG ........................................................Longitudinal LP ................................................................ Lamp post LPS ................................. Low pressure sodium (Light)
LS ................................................................ Lump sum
LTS .................................................... Lime treated soil
LWD ............................... Leucadia Wastewater District
MAINT ..................................................... Maintenance MAX ............................................................. Maximum MCR ............................................ Middle of curb return
MEAS ............................................................. Measure
MH ................................... Manhole, maintenance hole
MIL SPEC .................................... Military specification
MISC ..................................................... Miscellaneous MOD ................................................... Modified, modify MON ............................................................ Monument
MSL .. Mean Sea Level (Reg. Standard Drawing M-12)
MTBM ......................... Microtunneling Boring Machine
MULT ...............................................................Multiple
MUTCD .....Manual on Uniform Traffic Control Devices MVL ............................................... Mercury vapor light NCTD .............................. North County Transit District
NRCP .............................. Nonreinforced concrete pipe
OBS ...............................................................Obsolete
OC ................................................................ On center
OD ..................................................... Outside diameter OE .............................................................. Outer edge
OHE ................................................ Overhead Electric
OMWD ................. Olivenhain Municipal Water District
OPP ...............................................................Opposite
ORIG ................................................................Original PACP…… Pipeline Assessment Certification Program PB ................................................................... Pull box
PC .................................................... Point of curvature
PCC ....................... Portland cement concrete or point
of compound curvature
PCVC ....................... Point of compound vertical curve PE ........................................................... Polyethylene PI .................................................. Point of intersection
PL ............................................................. Property line
PMB ............................ Processed miscellaneous base
POC ...................................................... Point on curve
POT .................................................... Point on tangent PP .............................................................. Power pole PRC .......................................... Point of reverse curve
PRVC ............................ Point of reverse vertical curve
PSI ......................................... Pounds per square inch
PT .................................................... Point of tangency
PVC .................................................. Polyvinyl chloride PVMT ........................................................... Pavement PVT R/W ....................................... Private right-of-way
Q ........................ Rate of flow in cubic feet per second
QUAD ....................................... Quadrangle, Quadrant
R ....................................................................... Radius
R&O ......................................................... Rock and oil R/W .......................................................... Right-of-way RA ...................................................... Recycling agent
RAC ................................... Recycled asphalt concrete
RAP ................................ Reclaimed asphalt pavement
RBAC ............................. Rubberized asphalt concrete
RC ................................................ Reinforced concrete RCB ...................................... Reinforced concrete box
RCE ...................................... Registered civil engineer
RCP ..................................... Reinforced concrete pipe
RCV ........................................... Remote control valve
REF ............................................................. Reference
REINF ..............................Reinforced or reinforcement RES ...............................................................Reservoir RGE ........................ Registered geotechnical engineer
ROW ....................................................... Right-of-Way
RR ...................................................................Railroad
RSE .............................. Registered structural engineer
RTE .................................... Registered traffic engineer S .................................... Sewer or Slope, as applicable SCCP ............................... Steel cylinder concrete pipe
SD ............................................................. Storm drain
SDNR .............................. San Diego Northern Railway
SDR ....... Standard thermoplastic pipe dimension ratio
(ratio of pipe O.D. to minimum wall thickness) SDRSD ......... San Diego Regional Standard Drawings SE ...................................................... Sand Equivalent
SEC .................................................................. Section
SF ............................................................. Square foot
SFM ................................................ Sewer Force Main
SI ....................... International System of Units (Metric) SPEC ..................................................... Specifications SPPWC .......................................... Standard Plans for
Public Works Construction
SSPWC ............................. Standard Specifications for
Public Works Construction
PWS25-3859TRAN
Revised 6/15/17 Contract No. 6607 Page 20 of 79
ST HWY ................................................ State highway STA ................................................................... Station
STD ............................................................... Standard
STR ..................................................................Straight
STR GR ................................................ Straight grade
STRUC .......................................... Structural/Structure SW .................................................................Sidewalk SWD ...................................................... Sidewalk drain
SY ............................................................ Square yard
T .................................................................. Telephone
TAN ................................................................. Tangent
TC .............................................................. Top of curb TEL ............................................................. Telephone TF ........................................................... Top of footing
TOPO ........................................................ Topography
TR ........................................................................ Tract
TRANS ......................................................... Transition
TS ......................... Traffic signal or transition structure TSC ............................................. Traffic signal conduit
TSS ........................................... Traffic signal standard TW ..............................................................Top of wall
TYP .................................................................. Typical
UE .............................................. Underground Electric
USA .................................... Underground Service Alert
VAR ..................................................... Varies, Variable VB ................................................................ Valve box VC .......................................................... Vertical curve
VCP ................................................... Vitrified clay pipe
VERT ............................................................... Vertical
VOL .................................................................. Volume
VWD ....................................... Vallecitos Water District W ........................ Water, Wider or Width, as applicable WATCH .............. Work Area Traffic Control Handbook
WI ............................................................ Wrought iron
WM ........................................................... Water meter
WPJ .......................................... Weakened plane joint
XCONN ............................................ Cross connection XSEC ..................................................... Cross section
1-3.3 Institutions.
Abbreviation Word or Words
AASHTO ................. American Association of State Highway and Transportation Officials
AISC ....................................................................American Institute of Steel Construction
ANSI ...................................................................... American National Standards Institute
API ...................................................................................... American Petroleum Institute
AREA ............................................................ American Railway Engineering Association
ASTM ............................................................ American Society for Testing and Materials
AWPA................................................................. American Wood Preservers Association
AWS ........................................................................................ American Welding Society
AWWA ....................................................................... American Water Works Association
FHWA.............................................................................. Federal Highway Administration
GRI ................................................................................. Geosynthetic Research Institute
NEMA ......................................................... National Electrical Manufacturers Association
NOAA ................ National Oceanic and Atmospheric Administration (Dept. of Commerce)
UL .................................................................................... Underwriters’ Laboratories Inc.
USGS ............................................................................. United States Geological Survey
1-4 UNITS OF MEASURE.
1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal
measurement system in these specifications. However, certain material specifications and test
requirements contained herein use SI units specifically and conversions to U.S. Standard
Measures may or may not have been included in these circumstances. When U.S. Standard
Measures are not included in parenthesis, then the SI units shall control. S.I. units and U.S.
Standard Measures in parenthesis may or may not be exactly equivalent.
Reference is also made to ASTM E 380 for definitions of various units of the SI system and a
more extensive set of conversion factors.
PWS25-3859TRAN
Revised 6/15/17 Contract No. 6607 Page 21 of 79
1-4.2 Units of Measure and Their Abbreviations. U.S. Customary Unit (Equal To) SI Unit (Abbreviations) (Abbreviations) 1 mil (=0.001 in) ....................................................................................25.4 micrometer (m) 1 inch (in) ..............................................................................................25.4 millimeter (mm) 1 inch (in) ..............................................................................................2.54 centimeter (cm) 1 foot (ft) ................................................................................................0.3048 meter (m) 1 yard (yd) .............................................................................................0.9144 meter (m) 1 mile (mi) .............................................................................................1.6093 kilometer (km) 1 square foot (ft2) ..................................................................................0.0929 square meter (m2) 1 square yard (yd2) ................................................................................0.8361 square meter (m2) 1 cubic foot (ft3) .....................................................................................0.0283 cubic meter (m3) 1 cubic yard (yd3) ..................................................................................0.7646 cubic meter (m3) 1 acre ....................................................................................................0.4047 hectare (ha) 1 U.S. gallon (gal) .................................................................................3.7854 Liter (L) 1 fluid ounce (fl. oz.) ..............................................................................29.5735 millileter (mL) 1 pound mass (lb) (avoirdupois) ...........................................................0.4536 kilogram (kg) 1 ounce mass (oz) .................................................................................0.02835 kilogram (kg) 1 Ton (=2000 lb avoirdupois) ................................................................0.9072 Tonne (= 907 kg) 1 Poise ..................................................................................................0.1 pascal . second (Pa . s) 1 centistoke (cs) ....................................................................................1 square millimeters per second (mm2/s) 1 pound force (lbf) .................................................................................4.4482 Newton (N) 1 pounds per square inch (psi) .............................................................6.8948 Kilopascal (kPa) 1 pound force per foot (lbf/ft) .................................................................1.4594 Newton per meter (N/m) 1 foot-pound force (ft-lbf).......................................................................1.3558 Joules (J) 1 foot-pound force per second ([ft-lbf]/s) ...............................................1.3558 Watt (W) 1 part per million (ppm) .........................................................................1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit (°F): ........................................................................Degree Celsius (°C): °F = (1.8 x °C) + 32 ...............................................................................°C = (°F – 32)/1.8 SI Units (abbreviation) Commonly Used in Both Systems 1 Ampere (A) 1 Volt (V) 1 Candela (cd) 1 Lumen (lm) 1 second (s) Common Metric Prefixes kilo (k) ....................................................................................................103
centi (c)..................................................................................................10-2
milli (m) ..................................................................................................10-3 micro () ................................................................................................10-6 nano (n) .................................................................................................10-9 pico (p) ..................................................................................................10-12
1-5 SYMBOLS Delta, the central angle or angle between tangents
Angle % Percent ‘ Feet or minutes “ Inches or seconds 1 Number / per or (between words) ° Degree PL Property line CL Centerline SL Survey line or station line
Revised 6/15/17 Contract No. 6607 Page 22 of 79
SECTION 2 – SCOPE AND CONTROL OF WORK
2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as
provided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids.
2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the
Board, except that the Contractor may assign money due or which will accrue to it under the
Contract. If given written notice, such assignment will be recognized by the Board to the extent
permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of
the Agency and to all deductions provided for in the Contract. All money withheld, whether
assigned or not, shall be subject to being used by the Agency for completion of the Work, should
the Contractor be in default.
2-3 SUBCONTRACTS.
2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including
Sections 4100 through 4113. The following excerpts or summaries of some of the requirements
of this Chapter are included below for information:
The Bidder shall set forth in the Bid, as provided in 4104:
“(a) The name and location of the place of business of each subcontractor who will
perform work or labor or render service to the prime contractor in or about the
construction of the work or improvements, or a subcontractor licensed by the State
of California who, under subcontract to the prime contractor, specially fabricates
and installs a portion of the work or improvement according to detailed drawings
contained in the plans and specifications, in an amount in excess of one-half of 1
percent of the prime contractor’s total bid, or, in the case of bids or offers for the
construction of streets or highways, including bridges, in excess of one-half of 1
percent of the prime contractor’s total bid or ten thousand dollars ($10,000),
whichever is greater.”
“(b) The portion of the work which will be done by each such subcontractor under
this act. The prime contractor shall list only one subcontractor for each such portion
as is defined by the prime contractor in his bid.”
If the Contractor fails to specify a Subcontractor, or specifies more than one Subcontractor for the
same portion of the work to be performed under the Contract (in excess of one-half of 1 percent
of the Contractor’s total Bid), the Contractor shall be qualified to perform that portion itself, and
shall perform that portion itself, except as otherwise provided in the Code.
As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as
Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by
procedures established in Section 4107.5. This section provides procedures to correct a clerical
error in the listing of a Subcontractor.
Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the
Contract and the Board may exercise the option either to cancel the Contract or assess the
Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after
a public hearing.
Revised 6/15/17 Contract No. 6607 Page 23 of 79
Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50
percent of the contract price with its own organization, the Agency may at its sole discretion elect
to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed
in excess of 50 percent of the contract price by other than the Contractor’s own organization. The
Board shall be the sole body for determination of a violation of these provisions. In any
proceedings under this section, the prime contractor shall be entitled to a public hearing before
the Board and shall be notified ten (10) days in advance of the time and location of said hearing.
The determination of the City Council shall be final.
2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment
of the Contract and shall keep the Work under its control.
The Contractor shall perform, with its own organization, Contract work amounting to at least 50
percent 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 required to be performed by the Contractor with
its own organization. “Specialty Items” will be identified by the Agency in the Bid or Proposal.
Where an entire item is subcontracted, the value of work subcontracted will be based on the
Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted
will be based on the estimated percentage of the Contract Unit Price. This will be determined from
information submitted by the Contractor, and subject to approval by the Engineer.
Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for
approval a written statement showing the work to be subcontracted giving the name and business
of each Subcontractor and description and value of each portion of the work to be so
subcontracted.
2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the
Contractor, and the Contractor shall be responsible for their work.
2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds
with the Agency to be approved by the Board in the amounts and for the purposes noted below.
Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding
limitation shown in said circular is sufficient to provide bonds in the amount required by the
Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from
all other sureties shall be accompanied by all of the documents enumerated in Code of Civil
Procedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals.
Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and
Surety and the signature of the authorized agent of the Surety shall be notarized.
The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and
materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not
less than one hundred percent of the total amount payable by the terms of this contract. The
Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum
not less than one hundred percent of the total amount payable by the terms of this contract.
Both bonds shall extend in full force and effect and be retained by the Agency during this project
until they are released according to the provisions of this section.
Revised 6/15/17 Contract No. 6607 Page 24 of 79
The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30
days after recordation of the Notice of Completion and will remain in full force and effect for the
one year warranty period and until all warranty repairs are completed to the satisfaction of the
Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six
months plus 30 days after recordation of the Notice of Completion if all claims have been paid.
All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the
business of insurance in California and whose assets exceed their liabilities in an amount equal
to or in excess of the amount of the bond. The bonds are to contain the following documents:
1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or
other instrument entitling or authorizing the person who executed the bond to do so.
2) A certified copy of the certificate of authority of the insurer issued by the insurance
commissioner.
If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of
the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the
execution of the bond. The financial statement shall be made by an officer's certificate as defined
in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement
may be verified by the oath of the principal officer or manager residing within the United States.
Should any bond become insufficient, the Contractor shall renew the bond within 10 days after
receiving notice from the Agency.
Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor
to that effect. No further payments shall be deemed due or will be made under the contract until
a new Surety shall qualify and be accepted by the Board.
Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release
the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived
by the Surety.
2-5 PLANS AND SPECIFICATIONS.
2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and
Specifications, to which the Engineer shall have access at all times.
The specifications for the work include the General Provisions, project technical specifications,
Carlsbad Engineering Standards (CES), Standard Specifications for Public Works Construction,
(SSPWC), Part 2 & 3, and the latest supplements thereto, current edition at the time of bid opening
as published by the "Greenbook" Committee of Public Works Standards, Inc., hereinafter
designated "SSPWC", as amended.
. Reference documents are listed below:
• Plans and Profiles for Stormdrain in Laguna Riviera Unit No.1,, 6 Sheets, dated 3/21/1967.
• Proposed Repair - Kelly Drive Channel Emergency Erosion Repair exhibits prepared by
O’Day Consultants
Revised 6/15/17 Contract No. 6607 Page 25 of 79
The standard drawings used for this project are the latest edition of the San Diego Area Regional
Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County
Department of Public Works, together with the most recent editions of the City of Carlsbad
Engineering Standards and Carlsbad Standard Drawings, as issued by the City of Carlsbad and
the Carlsbad Municipal Water District, hereinafter designated as CES and CSD, respectively.
Copies of some of the pertinent standard drawings are enclosed as an appendix to these General
Provisions.
The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract
Documents are intended to be complementary and cooperative. Anything specified in the
Specifications and not shown on the Plans, or shown on the Plans and not specified in the
Specifications, shall be as though shown on or specified in both.
The Plans shall be supplemented by such working drawings and shop drawings as are necessary
to adequately control the Work.
The Contractor shall ascertain the existence of any conditions affecting the cost of the Work
through a reasonable examination of the Work site prior to submitting the Bid.
Existing improvements visible at the Work site, for which no specific disposition is made on the
Plans, but which interfere with the completion of the Work, shall be removed and disposed of by
the Contractor.
The Contractor shall, upon discovering any error or omission in the Plans or Specifications,
immediately call it to the attention of the Engineer.
2-5.2 Precedence of Contract Documents.
If there is a conflict between Contract Documents, the document highest in precedence shall
control. The precedence shall be the most recent edition of the following documents listed in order
of highest to lowest precedence:
1. Permits from other agencies as may be required by law
a) Jurisdictional agencies permits applicable to this project include:
i) Regional General Permit (RGP) No. RGP 63-City of Carlsbad Kelly Channel
Failure File No. SPL-2024-00725), U.S. Army Corps of Engineers, dated
10/08/2024
ii) Regional Water Quality Control Board (RWQCB)NOI File No: R9-2024-0187
dated 10/30/2024
iii) Right of Entry Permit – 4866 Kelly Drive.
Change orders, whichever occurs last.
2. Contract addenda, whichever occurs last.
3. Contract
4. Plans.
5. Carlsbad General Provisions, Technical Specifications, and Supplemental Provisions.
6. Standards plans.
a. City of Carlsbad Standard Drawings.
b. Carlsbad Municipal Water District Standard Drawings.
c. City of Carlsbad modifications to the San Diego Area Regional Standard Drawings.
d. San Diego Area Regional Standard Drawings.
e. Traffic Signal Design Guidelines and Standards.
f. State of California Department of Transportation Standard Plans.
Revised 6/15/17 Contract No. 6607 Page 26 of 79
g. State of California Department of Transportation Standard Specifications.
h. California Manual on Uniform Traffic Control Devices (CA MUTCD).
8. Standard Specifications for Public Works Construction, as amended.
9. Reference Specifications.
10. Manufacturer’s Installation Recommendations
Detail drawings shall take precedence over general drawings.
Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications
will take precedence over items 2) through 9) above. Detailed plans and plan views shall have
precedence over general plans.
2-5.3 Submittals.
2-5.3.1 General. Submittals shall be provided, at the Contractor’s expense, as required in 2-5.3.2,
2-5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested by the
Engineer.
Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are
required by performed, before the required submittals have been reviewed and accepted by the
Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor
from responsibility for errors, omissions, or deviations from the Contract Documents, unless such
deviations were specifically called to the attention of the Engineer in the letter of transmittal. The
Contractor shall be responsible for the correctness of the submittals.
The Contractor shall allow a minimum of 20 working days for review of submittals unless otherwise
specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal.
Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number
of the original submittal followed by an ascending alphabetical designation (e.g., The label ‘4-C’
would indicate the third instance that the fourth submittal had been given to the Engineer). Each
sheet of each submittal shall be consecutively numbered. Each set of shop drawings and
submittals shall be accompanied by a letter of transmittal on the Contractor’s letterhead. The
Letter of Transmittal shall contain the following:
1) Project title and Agency contract number.
2) Number of complete sets.
3) Contractor’s certification statement.
4) Specification section number(s) pertaining to material submitted for review.
5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals
for the same materials.)
6) Description of the contents of the submittal.
7) Identification of deviations from the contract documents.
When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification
that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are
in conformance with the requirements of the Contract Documents. The Contractor shall subscribe
to and shall place the following certification on all submittals:
"I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed
to be incorporated into this Project, is in compliance with the Contract Documents, can be installed
Revised 6/15/17 Contract No. 6607 Page 27 of 79
in the allocated spaces, and is submitted for approval.”
By: __________________________________ Title: ______________________________
Date: ________________________________
Company Name: ______________________________________________________________
2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the
Plans which are required to be designed by the Contractor. Working drawings shall be of a size
and scale to clearly show all necessary details.
Six copies and one reproducible shall be submitted. If no revisions are required, three of the
copies will be returned to the Contractor. If revisions are required, the Engineer will return one
copy along with the reproducible for resubmission. Upon acceptance, the Engineer will return two
of the copies to the Contractor and retain the remaining copies and the reproducible.
Working drawings are required in the following sections:
TABLE 2-5.3.2 (A)
Item Section
Number
Title Subject
1 7-10.4.1 Safety Orders Trench Shoring
2 207-2.5 Joints Reinforced Concrete Pipe
3 207-8.4 Joints Vitrified Clay Pipe
4 207-10.2.1 General Fabricated Steel Pipe
5 300-3.2 Cofferdams Structure Excavation & Backfill
6 303-1.6.1 General Falsework
7 303-1.7.1 General Placing Reinforcement
8 303-3.1 General Prestressed Concrete Construction
9 304-1.1.1 Shop Drawings Structural Steel
10 304-1.1.2 Falsework Plans Structural Steel
11 304-2.1 General Metal Hand Railings
12 306-2.1 General Jacking Operations
13 306-3.1 General Tunneling Operations
14 306-3.4 Tunnel Supports Tunneling Operations
15 306-6 Remodeling Existing Sewer
Facilities
Polyethylene Liner Installation
16 306-8 Microtunneling Microtunneling Operations
17 307-4.3 Controller Cabinet Wiring Diagrams Traffic Signal Construction
Working drawings listed above as Items 5, 6, 8, 9, 10, 12, 13, 14 and 16 shall be prepared by a
Civil or Structural Engineer registered by the State of California.
2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or
assembled products proposed to be incorporated into the Work. Shop drawings required shall be
as specified in the Special Provisions.
2-5.3.4 Supporting Information. Supporting information is information required by the Specifications for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the operation and maintenance of a manufactured product
or system to be constructed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the
Revised 6/15/17 Contract No. 6607 Page 28 of 79
start of the Work unless otherwise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items
for the system. If resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless otherwise specified in the Special Provisions:
1. List of Subcontractors per 2-3.2.
2. List of Materials per 4-1.4.
3. Certifications per 4-1.5.
4. Construction Schedule per 6-1.
5. Confined Space Entry Program per 7-10.4.4.
6. Concrete mix designs per 201-1.1.
7. Asphalt concrete mix designs per 203-6.1.
8. Data, including, but not limited to, catalog sheets, manufacturer’s brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to
describe a system, product or item. This information is required for irrigation systems, street lighting systems, and traffic signals, and may also be required for any product, manufactured item, or system.
2-5.4 Record Drawings. The Contractor shall provide and keep up-to-date a complete "as-built"
record set of blue-line prints, which shall be corrected in red daily and show every change from
the original drawings and specifications and the exact "as-built" locations, sizes and kinds of
equipment, underground piping, valves, and all other work not visible at surface grade. Prints for
this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the
job and shall be used only as a record set and shall be delivered to the Engineer within ten (10)
days of completion of the work. Payment for performing the work required by Section 2-5.4 shall
be included in the various bid items and no additional payment will be made therefore.
2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the
Contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish all
materials, equipment, tools, labor, and incidentals necessary to complete the Work.
2-7 SUBSURFACE DATA. All soil and test hole data, water table elevations, and soil analyses
shown on the drawings or included in the Specifications apply only at the location of the test holes
and to the depths indicated. Soil test reports for test holes which have been drilled are available
for inspection at the office of the Engineer. Any additional subsurface exploration shall be done
by Bidders or the Contractor at their own expense.
The indicated elevation of the water table is that which existed on the date when test hole data
was determined. It is the Contractor’s responsibility to determine and allow for the elevation of
groundwater at the date of project construction. A difference in elevation between groundwater
shown in soil boring logs and groundwater actually encountered during construction will not be
considered as a basis for extra work.
2-8 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be
provided by the Agency. Unless otherwise provided, the Contractor shall make arrangements,
pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas
and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless
from all claims for damages caused by such actions.
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2-9 SURVEYING.
2-9.1 Permanent Survey Markers. The Contractor shall not cover or disturb permanent survey
monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in
writing, with the Contractor that protecting an existing monument in place is impractical, the
Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to
practice land surveying within the State of California, hereinafter Surveyor, to establish the
location of the monument before it is disturbed. The Contractor shall have the monument replaced
by the Surveyor no later than thirty (30) days after construction at the site of the replacement is
completed. The Surveyor shall file corner record(s) as required by §§ 8772 and 8773, et seq. of
the California Business and Professions Code.
When a change is made in the finished elevation of the pavement of any roadway in which a
permanent survey monument is located, the Contractor shall adjust the monument frame and
cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise.
Monument frames and covers shall be protected during street sealing or painting projects or be
cleaned to the satisfaction of the Engineer.
2-9.2 Survey Service. The Contractor shall hire and pay for the services of a Surveyor,
hereinafter Surveyor to perform all work necessary for establishing control, construction staking,
records research and all other surveying work necessary to construct the work, provide surveying
services as required herein and provide surveying, drafting and other professional services
required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the
site during all surveying operations and shall personally supervise and certify the surveying work.
2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform to the
requirements of Section 2-5.3.3, “Submittals”, herein. The Contractor shall submit grade sheets
to the Engineer before commencing work in the area affected by the grade sheets. The Contractor
shall submit field notes for all surveying required herein to the Engineer within ten days of
performing the survey. All surveying field notes, grade sheets and survey calculations shall be
submitted in bound form on 215mm by 280 mm (81/2” by 11”) paper. The field notes, calculations
and supporting data shall be clear and complete. Supporting data shall include all maps, affidavits,
plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine
the location of the monuments set. The field notes and calculations will be labeled with name of
the Surveyor, the party chief, the field crewmembers and the author of the field notes or
calculations. They shall be annotated with the date of observation or calculation, be numbered
with consecutive page numbers and shall be readable without resort to any electronic aid,
computer program or documentation for any computer program. The field notes shall be prepared
in conformance with the CALTRANS “Surveys Manual”. The Contractor shall have a Record of
Survey prepared by the Surveyor and file it in conformance with §§ 8700 - 8805 of the State of
California Business and Professions Code when the Surveyor performs any surveying that such
map is required under §§ 8762 of the State of California Business and Professions Code and
whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS
drawing M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron
pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property
corners and street centerlines are permanent survey monuments. The Record of Survey shall
show all monuments set, control monuments used, the basis of bearings and all other data
needed to determine the procedure of survey and the degree of accuracy attained by the field
surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not
exceed 1 part in 40,000. The record of survey shall show the location and justification of location
Revised 6/15/17 Contract No. 6607 Page 30 of 79
of all permanent monuments set and their relation to the street right-of-way. Record(s) of
Survey(s) shall be submitted for the Engineer’s review and approval before submittal to the
County Surveyor and before submittal to the County Recorder.
2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no
greater intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing.
Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal
locations where the curb is not being built as a part of this contract. Staking and marking shall be
completed by the Surveyor and inspected and approved by the Engineer before the start of
construction in the area marked. Centerline monument shall have the disk stamped with the date
the monument was set and the registration number of the Surveyor. Habitat mitigation sites and
other areas to be preserved that are shown on the plans shall be staked and flagged prior to the
start of any other activities within the limits of the work. When curb and gutter does not exist and
is not being installed as a part of the project the location of adjacent facilities being constructed
as a part of the contract the Contractor shall place stakes defining the horizontal and vertical
location of such adjacent utility vaults, poles or other facilities that are being installed as parts of,
or adjunct to, the project either by the Contractor and/or those noted on the plans as to be installed
by others.
TABLE 2-9.2.2(A)
Survey Requirements for Construction Staking
Feature Staked Stake
Description
Centerline or Parallel to Centerline
Spacing,
Lateral
Spacing ,
Setting Tolerance
(Within)
Street Centerline SDRS M-10
Monument 1000’, Street Intersections, Begin and end
of curves, only when shown on the plans
on street
centerline
0.02’
Horizontal, also see
Section 2-9.2.1 herein
Clearing Lath in soil,
painted line
on PCC &
AC surfaces
lath - Intervisible, 50’ on tangents
& 25’ on curves, Painted line - continuous
at clearing
line
1’ Horizontal
Slope RP + Marker
Stake
Intervisible and 50’ Grade Breaks
& 25’
0.1’ Vertical &
Horizontal
Fence RP + Marker
Stake
200’ on tangents, 50’ on curves when
R 1000’ & 25’ on curves when R 1000’
N/A
( constant
offset)
0.1’ Horizontal
Rough Grade
Cuts or Fills 10
m (33’)
RP + Marker
Stake
50’ N/A 0.1’ Vertical &
Horizontal
Final Grade
(includes top of:
Basement soil,
subbase and
base)
RP + Marker
Stake, Blue-
top in
grading area
50’ on tangents & curves when R 1000’
&
25’ on curves when R 1000’
22’ 3/8” Horizontal & 1/4”
Vertical
Asphalt Pavement
Finish Course
RP, paint on
previous
course
25’ or as per the intersection grid points
shown on the plan whichever provides the
denser information
edge of
pavement,
paving pass
width, crown
line & grade
breaks
3/8” Horizontal & 1/4”
Vertical
Drainage
Structures, Pipes
& similar
Facilities,
RP + Marker
Stake intervisible & 25’, beginning and end, BC
& EC of facilities, Grade breaks, Alignment
breaks, Junctions, Inlets & similar facilities,
Risers & similar facilities (except plumbing),
Skewed cut-off lines
as appropriate 3/8” Horizontal & 1/4”
Vertical
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Feature Staked Stake
Description
Centerline or Parallel to Centerline
Spacing,
Lateral
Spacing ,
Setting Tolerance
(Within)
Curb RP + Marker
Stake 25’, BC & EC, at ¼, ½ & ¾ on curb
returns & at beginning & end
( constant
offset)
3/8” Horizontal & 1/4”
Vertical
Traffic Signal Vertical locations shall be based on the
ultimate elevation of curb and sidewalk
Signal Poles &
Controller
RP + Marker
Stake
at each pole & controller location as appropriate 3/8” Horizontal & 1/4”
Vertical
Junction Box RP + Marker
Stake
at each junction box location as appropriate 3/8” Horizontal & 1/4”
Vertical
Conduit RP + Marker
Stake
50’ on tangents & curves when R 1000’
&
25’ on curves when R 1000’ or where
grade 0.30%
as appropriate 3/8” Horizontal & when
depth cannot be
measured from
existing pavement
1/4” Vertical
Minor Structure RP + Marker
Stake + Line
Stake
for catch basins: at centerline of box, ends
of box & wings & at each end of the local
depression
as appropriate 3/8” Horizontal & 1/4”
Vertical (when vertical
data needed)
Abutment Fill RP + Marker
Stake + Line
Stake
50’ & along end slopes & conic transitions as appropriate 0.1’ Vertical &
Horizontal
Wall RP + Marker
Stake + Line Point +Guard
Stake
50’ and at beginning & end of: each wall, BC & EC, layout line angle points, changes
in footing dimensions &/or elevation & wall height
as appropriate 1/4” Horizontal & 1/4”
Vertical
Major Structure
Footings, Bents, Abutments &
Wingwalls
RP + Marker Stake + Line Point
+Guard Stake
10’ to 33’ as required by the Engineer, BC & EC, transition points & at beginning & end. Elevation points on footings at bottom
of columns
as appropriate 3/8” Horizontal & 1/4” Vertical
Superstructures RP 10’ to 33’ sufficient to use string lines, BC & EC, transition points & at beginning & end. Elevation points on footings at bottom of columns
as appropriate 3/8” Horizontal & 1/4” Vertical
Miscellaneous
Contour Grading RP + Marker Stake 50’ along contour line 0.1’ Vertical & Horizontal
Utilities , RP + Marker Stake 50’ on tangents & curves when R 1000’ & 25’ on curves when R 1000’ or where
grade 0.30%
as appropriate 3/8” Horizontal & 1/4” Vertical
Channels, Dikes & Ditches RP + Marker Stake intervisible & 100’, BC & EC of facilities,
Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities
as appropriate 0.1’ Horizontal & 1/4” Vertical
Signs RP + Marker Stake + Line Point
+Guard Stake
At sign location Line point 0.1’ Vertical & Horizontal
Subsurface Drains RP + Marker Stake intervisible & 50’, BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities
as appropriate 0.1’ Horizontal & 1/4” Vertical
Overside Drains RP + Marker Stake longitudinal location At beginning & end 0.1’ Horizontal & 1/4” Vertical
Markers RP + Marker Stake for asphalt street surfacing 50’ on
tangents & curves when R 1000’ & 25’
on curves when R 1000’.
At marker location(s)
1/4” Horizontal
Revised 6/15/17 Contract No. 6607 Page 32 of 79
Feature Staked Stake
Description
Centerline or Parallel to Centerline
Spacing,
Lateral
Spacing ,
Setting Tolerance
(Within)
Railings & Barriers RP + Marker Stake At beginning & end and 50’ on tangents
& curves when R 1000’ & 25’ on curves when R 1000’
at railing & barrier location(s)
3/8” Horizontal & Vertical
AC Dikes RP + Marker Stake At beginning & end as appropriate 0.1’ Horizontal & Vertical
Box Culverts 10’ to 33’ as required by the Engineer, BC & EC, transition points & at beginning & end. Elevation points on footings & at invert
as appropriate 3/8” Horizontal & 1/4” Vertical
Pavement Markers RP 200’ on tangents, 50’ on curves when R 1000’ & 25’ on curves when R 1000’. For PCC surfaced streets lane cold joints will suffice
at pavement marker location(s)
1/4” Horizontal
Staking for feature may be omitted when adjacent marker stakes reference the offset and elevation of those features and the accuracy requirements of the RP meet the requirements for the feature Reference points shall be sufficiently durable and set securely enough to survive with accuracy intact throughout
the installation & inspection of the features or adjacent facilities for which they provide control. RP means reference point for the purposes of this table Perpendicular to centerline.
Some features are not necessarily parallel to centerline but are referenced thereto Multi-plane surfaced features shall be staked so as to provide line & grade information for each plane of the feature
means greater than, or equal to, the number following the symbol. means less than, or equal to, the number following the symbol. The cut datum for storm drainage & sanitary sewer pipes & similar structures shall be their invert. The cut datum for all other utilities shall be the top of their pipe or conduit.
All guard stakes, line stakes and lath shall be flagged. Unless otherwise approved by the Engineer
flagging, paint and marking cards shall be the color specified in TABLE 2-9.2.2(B)
TABLE 2-9.2.2(B)
Survey Stake Color Code for Construction Staking
Type of Stake Description Color*
Horizontal Control Coordinated control points, control lines, control reference points,
centerline, alignments, etc.
White/Red
Vertical Control Bench marks White/Orange
Clearing Limits of clearing Yellow/Black
Grading Slope, intermediate slope, abutment fill, rough grade, contour grading,
final grade, etc.
Yellow
Structure Bridges, sound and retaining walls, box culverts, etc. White
Drainage, Sewer,
Curb
Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm
drains, slope protection, curbs, gutters, etc.
Blue
Right-of-Way Fences, R/ W lines, easements, property monuments, etc. White/Yellow
Miscellaneous Signs, railings, barriers, lighting, etc. Orange
* Flagging and marking cards, if used.
2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections
2-9.1 through 2-9.2.2 shall be included in the actual bid items requiring the survey work and no
additional payment will be made. Extension of unit prices for extra work shall include full
compensation for attendant survey work and no additional payment will be made. Payment for
the replacement of disturbed monuments and the filing of records of survey and/or corner records,
including filing fees, shall be incidental to the work necessitating the disturbance of said
monuments and no additional payment will be made.
Revised 6/15/17 Contract No. 6607 Page 33 of 79
2-9.3 Private Engineers. Surveying by private engineers on the Work shall conform to the
quality and practice required by the Engineer.
2-9.4 Line and Grade. All work shall conform to the lines, elevations, and grades shown on the
Plans.
Three consecutive points set on the same slope shall be used together so that any variation from
a straight grade can be detected. Any such variation shall be reported to the Engineer. In the
absence of such report, the Contractor shall be responsible for any error in the grade of the
finished work.
Grades for underground conduits will be set at the surface of the ground. The Contractor shall
transfer them to the bottom of the trench.
2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all
matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to
enforce compliance with the Plans and Specifications. The Contractor shall promptly comply with
instructions from the Engineer or an authorized representative.
The decision of the Engineer is final and binding on all questions relating to: quantities;
acceptability of material, equipment, or work; execution, progress or sequence of work; and
interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any
payment under the Contract, unless otherwise ordered by the Board.
2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies
of all records in the Contractor’s or subcontractor’s possession pertaining to the work that the
Engineer may request.
2-10.2 Audit and Inspection, Contractor agrees to maintain and/or make available, to the
Engineer, within San Diego County, accurate books and accounting records relative to all its
activities and to contractually require all subcontractors to this Contract to do the same. The
Engineer shall have the right to monitor, assess, and evaluate Contractor’s and its subcontractors
performance pursuant to this Agreement, said monitoring, assessments, and evaluations to
include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and
interviews of Contractor’s staff and the staff of all subcontractors to this contract. At any time
during normal business hours and as often as the Engineer may deem necessary, upon
reasonable advance notice, Contractor shall make available to the Engineer for examination, all
of its, and all subcontractors to this contract, records with respect to all matters covered by this
Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts
from such data and records, and to make audits of all invoices, materials, payrolls, records of
personnel, and other data relating to all matters covered by this Contract. However, any such
activities shall be carried out in a manner so as to not unreasonably interfere with Contractor’s
ongoing business operations. Contractor and all subcontractors to this contract shall maintain
such data and records for as long as may be required by applicable laws and regulations.
2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The
Contractor shall notify the Engineer before noon of the working day before inspection is required.
Work shall be done only in the presence of the Engineer, unless otherwise authorized. Any work
done without proper inspection will be subject to rejection. The Engineer and any authorized
representatives shall at all times have access to the Work during its construction at shops and
yards as well as the project site. The Contractor shall provide every reasonable facility for
Revised 6/15/17 Contract No. 6607 Page 34 of 79
ascertaining that the materials and workmanship are in accordance with these specifications.
Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of
the Contract.
Revised 6/15/17 Contract No. 6607 Page 35 of 79
SECTION 3 – CHANGES IN WORK
3-1 CHANGES REQUESTED BY THE CONTRACTOR.
3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor,
which do not materially affect the Work and which are not detrimental to the Work or to the
interests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as
granting a right to the Contractor to demand acceptance of such changes.
3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they
shall be made at a reduction in cost or no additional cost to the Agency.
3-2 CHANGES INITIATED BY THE AGENCY.
3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or
quantity of work provided the total arithmetic dollar value of all such changes, both additive and
deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to
exceed this limitation, the change shall be by written Supplemental Agreement between the
Contractor and Agency, unless both parties agree to proceed with the change by Change Order.
Change Orders shall be in writing and state the dollar value of the change or established method
of payment, any adjustment in contract time of completion, and when negotiated prices are
involved, shall provide for the Contractor’s signature indicating acceptance.
3-2.2 Payment.
3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract
Unit Price, and such change does not involve substantial change in character of the work from
that shown on the Plans or specified in the Specifications, then an adjustment in payment will be
made. This adjustment will be based upon the increase or decrease in quantity and the Contract
Unit Price.
If the actual quantity of an item of work covered by a Contract Unit Price and constructed in
conformance with the Plans and Specifications varies from the Bid quantity by 50 percent or less,
payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies
from the Bid quantity by more than 50 percent, payment will be made per Section 3-2.2.2 or 3-
2.2.3 as appropriate.
If a change is ordered in an item of work covered by a Contract Unit Price, and such change does
involve a substantial change in the character of the work from that shown on the Plans or specified
in the Specifications, an adjustment in payment will be made per Section 3-2.4.
3-2.2.2 Increases of More Than 50 Percent. Should the actual quantity of an item of work
covered by a Contract Unit Price and constructed in conformance with the Plans and
Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in
excess of 150 percent of the Bid quantity will be made on the basis of an adjustment in the
Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the
Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of
payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by
the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price.
Revised 6/15/17 Contract No. 6607 Page 36 of 79
3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work
covered by a Contract Unit Price, and constructed in conformance with the Plans and
Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be
made unless so requested in writing by the Contractor. If the Contractor so requests, payment
will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the
Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per
Section 3-3; however, in no case will payment be less than would be made for the actual quantity
at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the
Contract Unit Price.
3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency
in the Contract Documents as distinguished from Contract Unit Prices submitted by the
Contractor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so
specified in the Special Provisions.
3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in
Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor
and the Agency. If mutual agreement cannot be reached, the Engineer may direct the Contractor
to proceed on the basis of Extra Work in accordance per Section 3-3, except as otherwise
specified in Sections 3-2.2.2 and 3-2.2.3.
3.2.4.1 Schedule of Values. Prior to construction, Contractor shall provide a schedule of values
for all lump sum bid items that shall be used for the purpose of progress payments. The prices
shall be valid for the purpose of change orders to the project.
3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made
to the Contractor for its actual costs incurred in connection with the eliminated item prior to
notification in writing from the Engineer so stating its elimination. If material conforming to the
Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the
date of notification of elimination by the Engineer, and if the order for that material cannot be
canceled, payment will be made to the Contractor for the actual cost of the material. In this case,
the material shall become the property of the Agency. Payment will be made to the Contractor for
its actual costs for any further handling. If the material is returnable, the material shall be returned
and payment will be made to the Contractor for the actual cost of charges made by the supplier
for returning the material and for handling by the Contractor. Actual costs, as used herein, shall
be computed on the basis of Extra Work per Section 3-3.
3-3 EXTRA WORK.
3-3.1 General. New or unforeseen work will be classified as “extra work” when the Engineer
determines that it is not covered by Contract Unit Prices or stipulated unit prices.
3-3.2 Payment.
3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay
for the extra work based on the accumulation of costs as provided herein.
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3-3.2.2 Basis for Establishing Costs.
(a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra
work at the time the extra work is done, plus employer payments of payroll taxes, workers
compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship
funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments
or benefits required by lawful collective bargaining agreements.
The use of a labor classification which would increase the extra work cost will not be permitted
unless the Contractor establishes the necessity for such additional costs. Labor costs for
equipment operators and helpers shall be reported only when such costs are not included in the
invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their
assigned work and only that applicable to extra work will be paid.
Nondirect labor costs, including superintendence, shall be considered part of the markup of
Section 3-3.2.3 (a).
(b) Materials. The cost of materials reported shall be at invoice or lowest current price at which
such materials are locally available and delivered to the job site in the quantities involved, plus
sales tax, freight, and delivery.
The Agency reserves the right to approve materials and sources of supply, or to supply materials
to the Contractor if necessary for the progress of the Work. No markup shall be applied to any
material provided by the Agency.
(c) Tool and Equipment Rental. No payment will be made for the use of tools which have a
replacement value of $200 or less.
Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental
and delay costs shall be the edition of the, “Labor Surcharge and Equipment Rental Rates”
published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-
of-way delay factors therein shall be used as multipliers of the rental rates for determining the
value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates
published therein are not a part of this contract.
The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary
attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all
incidentals. Necessary loading and transportation costs for equipment used on the extra work
shall be included.
If equipment is used intermittently and, when not in use, could be returned to its rental source at
less expense to the Agency than holding it at the Work site, it shall be returned, unless the
Contractor elects to keep it at the Work site, at no expense to the Agency.
All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the
purpose for which it is to be used. Manufacturer’s ratings and approved modifications shall be
used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer.
The reported rental time for equipment already at the Work site shall be the duration of its use on
the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site.
Revised 6/15/17 Contract No. 6607 Page 38 of 79
(d) Other Items. The Agency may authorize other items which may be required on the extra
work, including labor, services, material, and equipment. These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the
Contractor or Subcontractors.
Invoices covering all such items in detail shall be submitted with the request for payment.
(e) Invoices. Vendors’ invoices for material, equipment rental and other expenditures shall be
submitted with the request for payment. If the request for payment is not substantiated by invoices
or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report.
3-3.2.3 Markup.
(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and
shall constitute the markup for all overhead and profits:
1. Labor …………………………..… 20 2. Materials ……………………….. 15
3. Equipment Rental ………………. 15
4. Other Items and Expenditures .. 15
To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding.
(b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3(a) shall be applied to the
Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the
subcontracted portion of the extra work and a markup of 5 percent on work added in excess of
$5,000 of the subcontracted portion of the extra work may be added by the Contractor.
3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon,
the Contractor shall submit a daily report to the Engineer on forms approved by the Agency.
Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that
day, and other services and expenditures when authorized. Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting
documents to the Engineer. Failure to submit the daily report by the close of the next working day
may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it
shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party
shall retain a signed copy 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. Describe and list quantities of materials used.
3. Show type of equipment, size, identification number, and hours of operation, including
loading and transportation, if applicable.
4. Describe other services and expenditures in such detail as the Agency may require.
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3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the
following Work site conditions (hereinafter called changed conditions), in writing, upon their
discovery and before they are disturbed:
1. Subsurface or latent physical conditions differing materially from those represented in the
Contract;
2. Unknown physical conditions of an unusual nature differing materially from those ordinarily
encountered and generally recognized as inherent in work of the character being
performed; and
3. Material differing from that represented in the Contract, which the Contractor believes may
be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is
required to be removed to a Class I, Class II, or Class III disposal site in accordance with
provisions of existing law.
The Engineer will promptly investigate conditions which appear to be changed conditions. If the
Engineer determines that conditions are changed conditions and they will materially affect
performance time, the Contractor, upon submitting a written request, will be granted an extension
of time subject to the provisions of 6-6.
If the Engineer determines that the conditions do not justify an adjustment in compensation, the
Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to
notify the Engineer in writing if the Contractor disagrees.
The Contractor’s failure to give notice of changed conditions promptly upon their discovery and
before they are disturbed shall constitute a waiver of all claims in connection therewith.
The Contractor shall not be entitled to the payment of any additional compensation for any act, or
failure to act, by the Engineer, including failure or refusal to issue a change order, or for the
happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first
given the Engineer due written notice of potential claim as hereinafter specified. Compliance with
this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract
Time Accounting, nor to any claim that is based on differences in measurement or errors of
computation as to contract quantities. The written notice of potential claim for changed conditions
shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time
that the Contractor performs the work giving rise to the potential claim. The Contractor’s failure to
give written notice of potential claim for changed conditions to the agency upon their discovery
and before they are disturbed shall constitute a waiver of all claims in connection therewith.
The Contractor shall provide the City with a written document containing a description of the
particular circumstances giving rise to the potential claim, the reasons for which the Contractor
believes additional compensation may be due and nature of any and all costs involved within
20 working days of the date of service of the written notice of potential claim for changed
conditions. Verbal notifications are disallowed.
The potential claim shall include the following certification relative to the California False Claims
Act, Government Code Sections 12650-12655.
Revised 6/15/17 Contract No. 6607 Page 40 of 79
“The undersigned certifies that the above statements are made in full cognizance of the California
False Claims Act, Government Code Sections 12650-12655. The undersigned further
understands and agrees that this potential claim, unless resolved, must be restated as a claim in
response to the City’s proposed final estimate in order for it to be further considered.”
By: ___________________________________ Title: ______________________________
Date: _________________________________
Company Name: ______________________________________________________________
The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor
shall submit substantiation of its actual costs to the Engineer within 20 working days after the
affected work is completed. Failure to do so shall be sufficient cause for denial of any claim
subsequently filed on the basis of said notice of potential claim.
It is the intention of this section that differences between the parties arising under and by virtue
of the contract be brought to the attention of the Engineer at the earliest possible time in order
that such matters be settled, if possible, or other appropriate action promptly taken.
3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim
prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all
claims in connection therewith. If the contractor and the agency are unable to reach agreement
on disputed work, the Agency may direct the contractor to proceed with the work.
Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified
hereinafter, the contractor shall attempt to resolve all disputes informally through the following
dispute resolution chain of command:
1. Project Inspector
2. Construction Manager
3. Deputy City Engineer, Construction Management & Inspection
4. City Engineer
5. City Manager
The Contractor shall submit a complete report within 20 working days after completion of the
disputed work stating its position on the claim, the contractual basis for the claim, along with all
documentation supporting the costs and all other evidentiary materials. At each level of claim or
appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim,
review the Contractor’s report and respond with a position, request additional information or
request that the Contractor meet and present its report. When additional information or a meeting
is requested the City will provide its position within 10 working days of receipt of said additional
information or Contractor’s presentation of its report. The Contractor may appeal each level’s
position up to the City Manager after which the Contractor may proceed under the provisions of
the Public Contract Code.
The authority within the dispute resolution chain of command is limited to recommending a
resolution to a claim to the City Manager. Actual approval of the claim is subject to the change
order provisions in the contract.
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All claims by the -Contractor shall be resolved in accordance with Public Contract Code section
9204, which is set forth below:
9204. (a) The Legislature finds and declares that it is in the best interests of the state and its
citizens to ensure that all construction business performed on a public works project in the state
that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with
Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2,
and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply
to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with
return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay
assessed by a public entity under a contract for a public works project.
(B) Payment by the public entity of money or damages arising from work done by, or on behalf of,
the contractor pursuant to the contract for a public works project and payment for which is not
otherwise expressly provided or to which the claimant is not otherwise entitled.
(C) Payment of an amount that is disputed by the public entity.
(2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with
Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct
contract with a public entity for a public works project.
(3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state
agency, department, office, division, bureau, board, or commission, the California State
University, the University of California, a city, including a charter city, county, including a charter
county, city and county, including a charter city and county, district, special district, public
authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by
a public agency and formed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department.
(ii) The Department of Transportation as to any project under the jurisdiction of that department.
(iii) The Department of Parks and Recreation as to any project under the jurisdiction of that
department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under its
jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the
Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department.
(vi) The Department of General Services as to all other projects.
(vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of
any public structure, building, road, or other public improvement of any kind.
(5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing
with Section 7000) of Division 3 of the Business and Professions Code who either is in direct
contract with a contractor or is a lower tier subcontractor.
(d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim
applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days,
shall provide the claimant a written statement identifying what portion of the claim is disputed and
Revised 6/15/17 Contract No. 6607 Page 42 of 79
what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual
agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim.
(C) If the public entity needs approval from its governing body to provide the claimant a written
statement identifying the disputed portion and the undisputed portion of the claim, and the
governing body does not meet within the 45 days or within the mutually agreed to extension of
time following receipt of a claim sent by registered mail or certified mail, return receipt requested,
the public entity shall have up to three days following the next duly publicly noticed meeting of the
governing body after the 45-day period, or extension, expires to provide the claimant a written
statement identifying the disputed portion and the undisputed portion.
(D) Any payment due on an undisputed portion of the claim shall be processed and made within
60 days after the public entity issues its written statement. If the public entity fails to issue a written
statement, paragraph (3) shall apply.
(2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to
respond to a claim issued pursuant to this section within the time prescribed, the claimant may
demand in writing an informal conference to meet and confer for settlement of the issues in
dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt
requested, the public entity shall schedule a meet and confer conference within 30 days for
settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the
claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a
written statement identifying the portion of the claim that remains in dispute and the portion that
is undisputed. Any payment due on an undisputed portion of the claim shall be processed and
made within 60 days after the public entity issues its written statement. Any disputed portion of
the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation,
with the public entity and the claimant sharing the associated costs equally. The public entity and
claimant shall mutually agree to a mediator within 10 business days after the disputed portion of
the claim has been identified in writing. If the parties cannot agree upon a mediator, each party
shall select a mediator and those mediators shall select a qualified neutral third party to mediate
with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged
by its respective mediator in connection with the selection of the neutral mediator. If mediation is
unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures
outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not
limited to, neutral evaluation or a dispute review board, in which an independent third party or
board assists the parties in dispute resolution through negotiation or by issuance of an evaluation.
Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation
conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to
mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under
private arbitration or the Public Works Contract Arbitration Program, if mediation under this
section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods
described in this subdivision or to otherwise meet the time requirements of this section shall result
in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public
entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements
of this section, shall not constitute an adverse finding with regard to the merits of the claim or the
responsibility or qualifications of the claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent
per annum.
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(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a
public entity because privity of contract does not exist, the contractor may present to the public
entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may
request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that
the contractor present a claim for work which was performed by the subcontractor or by a lower
tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be
presented to the public entity shall furnish reasonable documentation to support the claim. Within
45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as
to whether the contractor presented the claim to the public entity and, if the original contractor did
not present the claim, provide the subcontractor with a statement of the reasons for not having
done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for
any public works project that may give rise to a claim under this section.
(f) A waiver of the rights granted by this section is void and contrary to public policy, provided,
however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing,
mediation and proceed directly to the commencement of a civil action or binding arbitration, as
applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute
resolution procedures and requirements in addition to the provisions of this section, so long as
the contractual provisions do not conflict with or otherwise impair the timeframes and procedures
set forth in this section.
(g) This section applies to contracts entered into on or after January 1, 2017.
(h) Nothing in this section shall impose liability upon a public entity that makes loans or grants
available through a competitive application process, for the failure of an awardee to meet its
contractual obligations.
(i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed,
unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that
date.
In addition, all claims by Contractor for $375,000 or less shall be resolved in accordance with the
procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing
with Section 20104) which is set forth below
ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS
20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand
dollars ($375,000) or less which arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a contract between a contractor and a
public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1
(commencing with Section 10240) of Chapter 1 of Part 2.
(b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except
that "public work" does not include any work or improvement contracted for by the state or the
Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of
money or damages arising from work done by, or on behalf of, the contractor pursuant to the
contract for a public work and payment of which is not otherwise expressly provided for or the
Revised 6/15/17 Contract No. 6607 Page 44 of 79
claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the
local agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans or
specifications for any work which may give rise to a claim under this article.
(d) This article applies only to contracts entered into on or after January 1, 1991.
20104.2. For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the claim.
Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended
to extend the time limit or supersede notice requirements otherwise provided by contract for the
filing of claims.
(b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in
writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within
30 days of receipt of the claim, any additional documentation supporting the claim or relating to
defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to
this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted
to the claimant within 15 days after receipt of the further documentation or within a period of time
no greater than that taken by the claimant in producing the additional information, whichever is
greater.
(c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred
seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written
claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt
of the claim, any additional documentation supporting the claim or relating to defenses to the
claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to
this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted
to the claimant within 30 days after receipt of the further documentation, or within a period of time
no greater than that taken by the claimant in producing the additional information or requested
documentation, whichever is greater.
(d) If the claimant disputes the local agency's written response, or the local agency fails to respond
within the time prescribed, the claimant may so notify the local agency, in writing, either within 15
days of receipt of the local agency's response or within 15 days of the local agency's failure to
respond within the time prescribed, respectively, and demand an informal conference to meet and
confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a
meet and confer conference within 30 days for settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any portion remains in dispute, the
claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter
2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For
purposes of those provisions, the running of the period of time within which a claim must be filed
shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision
(a) until the time that claim is denied as a result of the meet and confer process, including any
period of time utilized by the meet and confer process.
(f) This article does not apply to tort claims and nothing in this article is intended nor shall be
construed to change the time periods for filing tort claims or actions specified by Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of
Division 3.6 of Title 1 of the Government Code.
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20104.4. The following procedures are established for all civil actions filed to resolve claims
subject to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the
court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both
parties. The mediation process shall provide for the selection within 15 days by both parties of a
disinterested third person as mediator, shall be commenced within 30 days of the submittal, and
shall be concluded within 15 days from the commencement of the mediation unless a time
requirement is extended upon a good cause showing to the court or by stipulation of both parties.
If the parties fail to select a mediator within the 15-day period, any party may petition the court to
appoint the mediator.
(b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant
to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil
Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article
3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure)
shall apply to any proceeding brought under the subdivision consistent with the rules pertaining
to judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators
appointed for purposes of this article shall be experienced in construction law, and, upon
stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly
rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally
by the parties, except in the case of arbitration where the arbitrator, for good cause, determines
a different division. In no event shall these fees or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of
Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but
does not obtain a more favorable judgment shall, in addition to payment of costs and fees under
that chapter, pay the attorney's fees of the other party arising out of the trial de novo.
(c) The court may, upon request by any party, order any witnesses to participate in the mediation
or arbitration process.
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is
undisputed except as otherwise provided in the contract.
(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on
any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed
in a court of law.
Although not to be construed as proceeding under extra work provisions, the Contractor shall
keep and furnish records of disputed work in accordance with Section 3-3.
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SECTION 4 – CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP.
4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall
be new, high grade, and free from defects. Quality of work shall be in accordance with the
generally accepted standards. Material and work quality shall be subject to the Engineer’s
approval.
Materials and work quality not conforming to the requirements of the Specifications shall be
considered defective and will be subject to rejection. Defective work or material, whether in place
or not, shall be removed immediately from the site by the Contractor, at its expense, when so
directed by the Engineer.
If the Contractor fails to replace any defective or damaged work or material after reasonable
notice, the Engineer may cause such work or materials to be replaced. The replacement expense
will be deducted from the amount to be paid to the Contractor.
Used or secondhand materials, parts, and equipment may be used only if permitted by the
Specifications.
4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage
facilities and employ such measures as will preserve the specified quality and fitness of materials
to be used in the Work. Stored materials shall be reasonably accessible for inspection. The
Contractor shall also adequately protect new and existing work and all items of equipment for the
duration of the Contract.
The Contractor shall not, without the Agency’s consent, assign, sell, mortgage, hypothecate, or
remove equipment or materials which have been installed or delivered and which may be
necessary for the completion of the Contract.
4-1.3 Inspection Requirements.
4-1.3.1 General. Unless otherwise specified, inspection is required at the source for such typical
materials and fabricated items as bituminous paving mixtures, structural concrete, metal
fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and
similar shop or plant operations.
Steel pipe in sizes less than 18 inches and vitrified clay and cast iron pipe in all sizes are
acceptable upon certification as to compliance with the Specifications, subject to sampling and
testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators,
plumbing fixtures, etc., are subject to inspection at the job site only. Special items of equipment
such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject
to inspection at the source, normally only for performance testing. The Specifications may require
inspection at the source for other items not typical of those listed in this section.
The Contractor shall provide the Engineer free and safe access to any and all parts of work at
any time. Such free and safe access shall include means of safe access and egress, ventilation,
lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in
the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4,
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Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety
regulations as may apply. Contractor shall furnish Engineer with such information as may be
necessary to keep the Engineer fully informed regarding progress and manner of work and
character of materials. Inspection or testing of the whole or any portion of the work or materials
incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract.
4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to
purchase materials, fabricated products, or equipment from sources located more than 50 miles
outside the geographical limits of the Agency, an inspector or accredited testing laboratory
(approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the
materials, equipment or process. This approval shall be obtained before producing any material
or equipment. The inspector or representative of the testing laboratory shall judge the materials
by the requirements of the Plans and Specifications. The Contractor shall forward reports required
by the Engineer. No material or equipment shall be shipped nor shall any processing, fabrication
or treatment of such materials be done without proper inspection by the approved agent. Approval
by said agent shall not relieve the Contractor of responsibility for complying with the Contract
requirements.
4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory
services within 50 miles of the geographical limits of the Agency. For private contracts, all costs
of inspection at the source, including salaries and mileage costs, shall be paid by the permittee.
4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples
of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its
expense, shall deliver the materials for testing to the place and at the time designated by the
Engineer. Unless otherwise provided, all initial testing will be performed under the direction of the
Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for testing,
it will be stated in the Specifications. For private contracts, the testing expense shall be borne by
the permittee.
The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to
use materials for which tests are specified, to allow sufficient time to perform the tests. The notice
shall name the proposed supplier and source of material.
If the notice of intent to use is sent before the materials are available for testing or inspection, or
is sent so far in advance that the materials on hand at the time will not last but will be replaced by
a new lot prior to use on the Work, it will be the Contractor’s responsibility to renotify the Engineer
when samples which are representative may be obtained.
Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced
materials and/or on-site workmanship where the results of such tests meet or exceed the
requirements indicated in the Standard Specifications, Technical Specification, and any
Supplemental Provisions. The cost of all other tests shall be borne by the Contractor.
At the option of the Engineer, the source of supply of each of the materials shall be approved by
the Engineer before the delivery is started. All materials proposed for use may be inspected or
tested at any time during their preparation and use. If, after incorporating such materials into the
Work, it is found that sources of supply that have been approved do not furnish a uniform product,
or if the product from any source proves unacceptable at any time, the Contractor shall furnish
approved material from other approved sources. If any product proves unacceptable after
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improper storage, handling or for any other reason it shall be rejected, not incorporated into the
work and shall be removed from the project site all at the Contractor’s expense.
Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the
requirements of the specifications shall be borne by the Agency. Said tests may be made at any
place along the work as deemed necessary by the Engineer. The costs of any retests made
necessary by noncompliance with the specifications shall be borne by the Contractor.
4-1.5 Certification. The Engineer may waive materials testing requirements of the
Specifications and accept the manufacturer’s written certification that the materials to be supplied
meet those requirements. Material test data may be required as part of the certification.
4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or
offer an equivalent. The Engineer shall determine whether the material offered is equivalent to
that specified. Adequate time shall be allowed for the Engineer to make this determination.
Whenever any particular material, process, or equipment is indicated by patent, proprietary or
brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its
description and shall be deemed to be followed by the words or equal. A listing of materials is
not intended to be comprehensive, or in order of preference. The Contractor may offer any
material, process, or equipment considered to be equivalent to that indicated. The substantiation
of offers shall be submitted as provided in the contract documents.
The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to
those specified. The Contractor shall have the material tested as required by the Engineer to
determine that the quality, strength, physical, chemical, or other characteristics, including
durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its
intended function.
Test methods shall be subject to the approval of the Engineer. Test results shall be reported
promptly to the Engineer, who will evaluate the results and determine if the substitute item is
equivalent. The Engineer’s findings shall be final. Installation and use of a substitute item shall
not be made until approved by the Engineer.
If a substitute offered by the Contractor is not found to be equal to the specified material, the
Contractor shall furnish and install the specified material.
The specified Contract completion time shall not be affected by any circumstance developing from
the provisions of this section.
The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole
opinion of the Engineer, the substitution is determined to be unsatisfactory in performance,
appearance, durability, compatibility with associated items, availability of repair parts and
suitability of application the Contractor shall remove the substituted item and replace it with the
originally specified item at no cost to the Agency.
4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for
proportioning materials shall be inspected for accuracy and certified within the past 12 months by
the State of California Bureau of Weights and Measures, by the County Director or Sealer of
Weights and Measures, or by a scale mechanic registered with or licensed by the County.
Revised 6/15/17 Contract No. 6607 Page 49 of 79
The accuracy of the work of a scale service agency, except as stated herein, shall meet the
standards of the California Business and Professions Code and the California Code of
Regulations pertaining to weighing devices. A certificate of compliance shall be presented, prior
to operation, to the Engineer for approval and shall be renewed whenever required by the
Engineer at no cost to the Agency.
All scales shall be arranged so they may be read easily from the operator’s platform or area. They
shall indicate the true net weight without the application of any factor. The figures of the scales
shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant
shut down. Weighing equipment shall be so insulated against vibration or moving of other
operating equipment in the plant area that the error in weighing with the entire plant running will
not exceed 2 percent for any setting nor 1.5 percent for any batch.
4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to
pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and
strain-measuring devices shall be calibrated by a testing agency acceptable to the Engineer at
intervals not to exceed 12 months and following repairs, modification, or relocation of the
equipment. Calibration certificates shall be provided when requested by the Engineer.
4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar
and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and
Modified Asphalts). In the interest of safety and public value, whenever credible evidence arises
to contradict the test values of materials, the Agency and the Contractor will initiate an immediate
and cooperative investigation. Test values of materials are results of the materials’ tests, as
defined by these Specifications or by the special provisions, required to accept the Work. Credible
evidence is process observations or test values gathered using industry accepted practices. A
contradiction exists whenever test values or process observations of the same or similar materials
are diverse enough such that the work acceptance or performance becomes suspect. The
investigation shall allow access to all test results, procedures, and facilities relevant to the
disputed work and consider all available information and, when necessary, gather new and
additional information in an attempt to determine the validity, the cause, and if necessary, the
remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism
acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved
and the cooperative investigation concluded. Whenever the cooperative investigation is unable to
reach resolution, the investigation may then either conclude without resolution or continue by
written notification of one party to the other requesting the implementation of a resolution process
by committee. The continuance of the investigation shall be contingent upon recipient’s
agreement and acknowledged in writing within 3 calendar days after receiving a request. Without
acknowledgement, the investigation shall conclude without resolution. The committee shall
consist of three State of California Registered Civil Engineers. Within 7 calendar days after the
written request notification, the Agency and the Contractor will each select one engineer. Within
14 calendar days of the written request notification, the two selected engineers will select a third
engineer. The goal in selection of the third member is to complement the professional experience
of the first two engineers. Should the two engineers fail to select the third engineer, the Agency
and the Contractor shall each propose 2 engineers to be the third member within 21 calendar
days after the written request notification. The first two engineers previously selected shall then
select one of the four proposed engineers in a blind draw. The committee shall be a continuance
of the cooperative investigation and will re-consider all available information and if necessary
gather new and additional information to determine the validity, the cause, and if necessary, the
remedy to the contradiction. The committee will focus upon the performance adequacy of the
material(s) using standard engineering principles and practices and to ensure public value, the
Revised 6/15/17 Contract No. 6607 Page 50 of 79
committee may provide engineering recommendations as necessary. Unless otherwise agreed,
the committee will have 30 calendar days from its formation to complete their review and submit
their findings. The final resolution of the committee shall be by majority opinion, in writing, stamped
and signed. Should the final resolution not be unanimous, the dissenter may attach a written,
stamped, and signed minority opinion. Once started, the resolution process by committee shall
continue to full conclusion unless:
1. Within 7 days of the formation of the committee, the Agency and the Contractor reach an
acceptable resolution mechanism; or
2. Within 14 days of the formation of the committee, the initiating party withdraws its written
notification and agrees to bear all investigative related costs thus far incurred; or
3. At any point by the mutual agreement of the Agency and the Contractor. Unless otherwise
agreed, the Contractor shall bear and maintain a record for all the investigative costs until
resolution. Should the investigation discover assignable causes for the contradiction, the
assignable party, the Agency or the Contractor, shall bear all costs associated with the
investigation. Should assignable causes for the contradiction extended to both parties, the
investigation will assign costs cooperatively with each party or when necessary, equally.
Should the investigation substantiate a contradiction without assignable cause, the
investigation will assign costs cooperatively with each party or when necessary, equally.
Should the investigation be unable to substantiate a contradiction, the initiator of the
investigation shall bear all investigative costs. All claim notification requirements of the
contract pertaining to the contradiction shall be suspended until the investigation is
concluded.
4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall
order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality
received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose
excess of all materials used to accomplish the Work. Materials shall be delivered to the site of
the work only during working hours, as defined in Section 6-7.2, and shall be accompanied by
bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee,
the project name and number, address of delivery and name of consignor and a description of
the material(s) shipped. Prior to storage of any materials which have been shipped to or by the
Contractor to any location within the Agency’s boundaries the Contractor shall provide the
Engineer a copy of lease agreements for each property where such materials are stored. The
lease agreement shall clearly state the term of the lease, the description of materials allowed to
be stored and shall provide for the removal of the materials and restoration of the storage site
within the time allowed for the Work. All such storage shall conform to all laws and ordinances
that may pertain to the materials stored and to preparation of the storage site and the location of
the site on which the materials are stored. Loss, damage or deterioration of all stored materials
shall be the Contractor’s responsibility. Conformance to the requirements of this section, both
within and outside the limits of work are a part of the Work. The Engineer shall have the right to
verify the suitability of materials and their proper storage at any time during the Work.
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SECTION 5 – UTILITIES
5-1 LOCATION. The Agency and affected utility companies have, by a search of known
records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits
of the work. However, the accuracy and/or completeness of the nature, size and/or location of
utilities indicated on the Plans is not guaranteed.
Where underground main distribution conduits such as water, gas, sewer, electric power,
telephone, or cable television are shown on the Plans, the Contractor shall assume that every
property parcel will be served by a service connection for each type of utility.
As provided in Section 4216 of the California Government Code, at least 2 working days prior to
commencing any excavation, the Contractor shall contact the regional notification center
(Underground Service Alert of Southern California) and obtain an inquiry identification number.
The California Department of Transportation is not required by Section 4216 to become a member
of the regional notification center. The Contractor shall contact it for location of its subsurface
installations.
The Contractor shall determine the location and depth of all utilities, including service connections,
which have been marked by the respective owners and which may affect or be affected by its
operations. If no pay item is provided in the Contract for this work, full compensation for such work
shall be considered as included in the prices bid for other items of work.
5-2 PROTECTION. The Contractor shall not interrupt the service function or disturb the
support of any utility without authority from the owner or order from the Agency. All valves,
switches, vaults, and meters shall be maintained readily accessible for emergency shutoff.
Where protection is required to ensure support of utilities located as shown on the Plans or in
accordance with Section 5-1, the Contractor shall, unless otherwise provided, furnish and place
the necessary protection at its expense.
Upon learning of the existence and location of any utility omitted from or shown incorrectly on the
Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the
Engineer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3.
The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed
or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged
if located as noted in Section 5-1.
When placing concrete around or contiguous to any non-metallic utility installation, the Contractor
shall at its expense:
1. Furnish and install a 2 inch cushion of expansion joint material or other similar resilient
material; or
2. Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular
space between the concrete and the utility; or
3. Provide other acceptable means to prevent embedment in or bonding to the concrete.
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Where concrete is used for backfill or for structures which would result in embedment, or partial
embedment, of a metallic utility installation; or where the coating, bedding or other cathodic
protection system is exposed or damaged by the Contractor’s operations, the Contractor shall
notify the Engineer and arrange to secure the advice of the affected utility owner regarding the
procedures required to maintain or restore the integrity of the system.
5-3 REMOVAL. Unless otherwise specified, the Contractor shall remove all interfering
portions of utilities shown on the Plans or indicated in the Bid documents as “abandoned” or “to
be abandoned in place”. Before starting removal operations, the Contractor shall ascertain from
the Agency whether the abandonment is complete, and the costs involved in the removal and
disposal shall be included in the Bid for the items of work necessitating such removals.
5-4 RELOCATION. When feasible, the owners responsible for utilities within the area affected
by the Work will complete their necessary installations, relocations, repairs, or replacements
before commencement of work by the Contractor. When the Plans or Specifications indicate that
a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct
all negotiations with the owners and work will be done at no cost to the Contractor, except for
manhole frame and cover sets to be brought to grade as provided in the Standard Specifications
for Public Works Construction. Utilities which are relocated in order to avoid interference shall be
protected in their position and the cost of such protection shall be included in the Bid for the items
of work necessitating such relocation.
After award of the Contract, portions of utilities which are found to interfere with the Work will be
relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work
to avoid interference. Such changes will be paid for in accordance with Section 3-2.
When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a
utility, all costs for such work shall be included in the Bid for the items of work necessitating such
work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for
its convenience shall be its responsibility and it shall make all arrangements and bear all costs.
The utility owner will relocate service connections as necessary within the limits of the Work or
within temporary construction or slope easements. When directed by the Engineer, the Contractor
shall arrange for the relocation of service connections as necessary between the meter and
property line, or between a meter and the limits of temporary construction or slope easements.
The relocation of such service connections will be paid for in accordance with provisions of
Section 3-3. Payment will include the restoration of all existing improvements which may be
affected thereby. The Contractor may agree with the owner of any utility to disconnect and
reconnect interfering service connections. The Agency will not be involved in any such agreement.
In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and
companies. Prior to the installation of any and all utility structures within the limits of work by any
utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter
that is a part of the work and adjacent to the location where such utility structures are shown on
the plans and are noted as being located, relocated or are otherwise shown as installed by others.
In order to minimize delays to the Contractor caused by the failure of other parties to relocate
utilities that interfere with the construction, the Contractor, upon the Engineer’s approval, may be
permitted to temporarily omit the portion of work affected by the utility. If such temporary omission
is approved by the Engineer the Contractor shall place survey or other physical control markers
sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company.
Such temporary omission shall be for the Contractor’s convenience and no additional
Revised 6/15/17 Contract No. 6607 Page 53 of 79
compensation will be allowed therefore or for additional work, materials or delay associated with
the temporary omission. The portion thus omitted shall be constructed by the Contractor
immediately following the relocation of the utility involved unless otherwise directed by the
Engineer.
5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as
it affects the protection, removal, or relocation of utilities. Said notification shall be included as a
part of the construction schedule required in Section 6-1. The Contractor shall notify the Engineer
in writing of any subsequent changes in the construction schedule which will affect the time
available for protection, removal, or relocation of utilities.
The Contractor will not be entitled to damages or additional payment for delays attributable to
utility relocations or alterations if correctly located, noted, and completed in accordance with
Section 5-1.
The Contractor may be given an extension of time for unforeseen delays attributable to
unreasonably protracted interference by utilities in performing work correctly shown on the Plans.
The Agency will assume responsibility for the timely removal, relocation, or protection of existing
main or trunkline utility facilities within the area affected by the Work if such utilities are not
identified in the Contract Documents. The Contractor will not be assessed liquidated damages for
any delay caused by failure of Agency to provide for the timely removal, relocation, or protection
of such existing facilities.
If the Contractor sustains loss due to delays attributable to interferences, relocations, or
alterations not covered by Section 5-1, which could not have been avoided by the judicious
handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the
Engineer may find to be fair and reasonable compensation for such part of the Contractor’s actual
loss as was unavoidable and the Contractor may be granted an extension of time.
5-6 COOPERATION. When necessary, the Contractor shall so conduct its operations as to
permit access to the Work site and provide time for utility work to be accomplished during the
progress of the Work.
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SECTION 6 – PROSECUTION, PROGRESS,
AND ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as
otherwise provided herein and unless otherwise prohibited by permits from other agencies as may
be required by law the Contractor shall begin work within one (1) calendar day after receipt of the
"Notice to Proceed".
6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer
will set the time and location for the Preconstruction Meeting. Attendance of the Contractor’s
management personnel responsible for the management, administration, and execution of the
project is mandatory for the meeting to be convened. Failure of the Contractor to have the
Contractor’s responsible project personnel attend the Preconstruction Meeting will be grounds for
default by Contractor per Section 6-4. No separate payment will be made for the Contractor’s
attendance at the meeting. The notice to proceed will only be issued on or after the completion of
the preconstruction meeting.
6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline
Construction Schedule per the submittal requirements of Section 2-5.3. The submittal of the
Baseline Construction Schedule shall include each item and element of Sections 6-1.2 through
6-1.2.9 and shall be on hard (paper) copy and electronic media conforming to Section 6-1.3.3
Electronic Media.
6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall
prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the
precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall
depict a workable plan showing the sequence, duration, and interdependence of all activities
required to represent the complete performance of all project work as well as periods where work
is precluded. The Baseline Construction Schedule shall begin with the projected date of issuance
of the notice to proceed and conclude with the date of final completion per the contract duration.
The Baseline Construction Schedule shall include detail of all project phasing, staging, and
sequencing, including all milestones necessary to define beginning and ending of each phase or
stage.
6-1.2.1 Time-Scaled Network Diagram. As a part of the Baseline Construction Schedule the
Contractor shall prepare and submit to the Engineer a complete time-scaled network diagram
showing all of the activities, logic relationships, and milestones comprising the schedule.
6-1.2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall
prepare and submit to the Engineer a tabular listing of all of the activities, showing for each activity
the identification number, the description, the duration, the early start, the early finish, the late
start, the late finish, the total float, and all predecessor and successor activities for the activity
described.
6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare
and submit to the Engineer a chart showing individual tasks and their durations arranged with the
tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing
texture patterns or distinctive line types to show the critical path.
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6-1.2.5 Schedule Activities. Except for submittal activities, activity durations shall not be shorter
than 1 working day nor longer than 15 working days, unless specifically and individually allowed
by the Engineer. The Baseline Construction Schedule shall include between 100 and 500
activities, including submittals, interfaces between utility companies and other agencies, project
milestones and equipment and material deliveries. The number of activities will be sufficient, in
the judgment of the Engineer, to communicate the Contractor’s plan for project execution, to
accurately describe the project work, and to allow monitoring and evaluation of progress and of
time impacts. Each activity’s description shall accurately define the work planned for the activity
and each activity shall have recognizable beginning and end points.
6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensation
to whatever party or contingency first exhausts it.
6-1.2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency
supplied materials, equipment, or services, which may impact any activity’s construction shall be
shown as a restraint to those activities. Time periods to accommodate the review and correction
of submittals shall be included in the schedule.
6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer
than the specified contract duration will not be acceptable and will be grounds for determination
of default by Contractor, per Section 6-4.
6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor’s plan
to support and maintain the project for the entire contractual time span of the project. Should the
Contractor propose a project duration shorter than contract duration, a complete Baseline
Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance
with all schedule requirements of Section 6-1. The Engineer may choose to accept the
Contractor’s proposal of a project duration shorter than the duration specified; provided the
Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency
and all other entities, public and private, which interface with the project are able to support the
provisions of the shortened Baseline Construction Schedule. The Agency’s acceptance of a
shortened duration project will be confirmed through the execution of a contract change order
revising the project duration and implementing all contractual requirements including liquidated
damages in accordance with the revised duration.
6-1.2.10 Engineer’s Review. The Construction Schedule is subject to the review of the Engineer.
The Engineer’s determination that the Baseline Construction Schedule proposed by the
Contractor complies with the requirements of these supplemental provisions shall be a condition
precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that
the Construction Schedule does not meet the requirements of these specifications the Contractor
shall correct the Construction Schedule to meet these specifications and resubmit it to the
Engineer. Failure of the Contractor to obtain the Engineer’s determination that the initial
Construction Schedule proposed by the Contractor complies with the requirements of these
supplemental provisions within thirty (30) working days after the date of the preconstruction
meeting shall be grounds for termination of the contract per Section 6-4. Days used by the
Engineer to review the initial Construction Schedule will not be included in the 30 working days.
The Engineer will review and return to the Contractor, with any comments, the Baseline
Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule
will be returned marked as per Sections 6-1.2.10.1 through 6-1.2.10.3.
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6-1.2.10.1 “Accepted.” The Contractor may proceed with the project work upon issuance of the
Notice to Proceed, and will receive payment for the schedule in accordance with Section 6-1.8.1.
6-1.2.10.2 “Accepted with Comments.” The Contractor may proceed with the project work upon
issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the
comments prior to receipt of payment per Section 6-1.8.1.
6-1.2.10.3 “Not Accepted.” The Contractor must resubmit the schedule incorporating the
corrections and changes of the comments prior to receipt of payment per Section 6-1.8.1. The
Notice to Proceed will not be issued by the Engineer if the changes of the comments are not
submitted as required hereinbefore and marked “Accepted” or “Accepted with Comments” by the
Engineer. The Contractor, at the sole option of the Engineer, may be considered as having
defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the
changes of the comments are not submitted as required hereinbefore and marked “Accepted” by
the Engineer.
6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the
Engineer during the last week of each month to agree upon each activity’s schedule status and
shall submit monthly updates of the Baseline Construction Schedule confirming the agreements
no later than the fifth working day of the following month. The monthly update will be submitted
on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media per
the submittal requirements of Section 2-5.3 and will include each item and element of Sections 6-
1.2 through 6-1.2.9 and 6-1.3.1 through 6-1.3.7.
6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed during
the month. After first reporting an actual date, the Contractor shall not change that actual date in
later updates without specific notification to the Engineer with the update.
6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month, the
Contractor shall report the percentage determined by the Engineer as complete for the activity.
6-1.3.3 Electronic Media. The schedule data disk shall be a CD-ROM, labeled with the project
name and number, the Contractor’s name and the date of preparation of the schedule data disk.
The schedule data disk shall be readable by the software specified in Section 6-1.2.4 “Schedule
Software” and shall be free of file locking, encryption or any other protocol that would impede full
access of all data stored on it.
6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting logic,
with an explanation for each change.
6-1.3.5 Change Orders. Each monthly update will include the addition of the network revisions
reflecting the change orders approved in the previous month. The network revisions will be as
agreed upon during the review and acceptance of the Contractor’s change orders.
6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and their
durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar
chart shall use differing texture patterns or distinctive line types to show the critical path.
6-1.4 Engineer’s Review of Updated Construction Schedule. The Engineer will review and
return the Updated Construction Schedule to the Contractor, with any comments, within 5 working
days of submittal. The Updated Construction Schedule will be returned marked as per Sections
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6-1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked “Accepted with Comments”
or “Not Accepted” by the Engineer will be returned to the Contractor for correction. Upon
resubmittal the Engineer will review and return the resubmitted Updated Construction Schedule
to the Contractor, with any comments, within 5 working days. Failure of the Contractor to submit
a monthly updated construction schedule will invoke the same consequences as the Engineer
returning a monthly updated construction schedule marked “Not Accepted”.
6-1.4.1 “Accepted.” The Contractor may proceed with the project work, and will receive payment
for the schedule in accordance with Section 6-1.8.2.
6-1.4.2 “Accepted with Comments.” The Contractor may proceed with the project work. The
Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the
corrections and changes noted in the Engineer’s comments prior to receipt of payment per
Section 6-1.8.2.
6-1.4.3 “Not Accepted.” The Contractor must resubmit the Updated Construction Schedule to
the Engineer incorporating the corrections and changes noted in the Engineer’s comments prior
to receipt of payment per Section 6-1.8.2. The Contractor, at the sole option of the Engineer, may
be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY
CONTRACTOR if the changes of the comments are not submitted and marked “Accepted” by the
Engineer before the last day of the month in which the Updated Construction Schedule is due. If
the Contractor fails to submit the corrected Updated Construction Schedule as required herein
the Contractor may elect to proceed with the project at its own risk. Should the Contractor elect
not to proceed with the project, any resulting delay, impact, or disruption to the project will be the
Contractor’s responsibility.
6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion
or contractually required milestone date later than the properly adjusted contract or milestone
duration, the Agency may withhold Liquidated Damages for the number of days late. Should a
subsequent “Accepted” Schedule Update remove all or a portion of the delay, all or the allocated
portion of the previously held Liquidated Damages shall be released in the monthly payment to
the Contractor immediately following the “Accepted” schedule.
6-1.6 Interim Revisions. Should the actual or projected progress of the work become
substantially different from that depicted in the Project Schedule, independently of and prior to the
next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a
list and explanation of each change made to the schedule. The Revised Construction Schedule
will be submitted per the submittal requirements of Section 2-5.3 and per the schedule review and
acceptance requirements of Section 6-1, including but not limited to the acceptance and payment
provisions. As used in this section “substantially different” means a time variance greater than 5
percent of the number of days of duration for the project.
6-1.7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update
when one hundred percent of the construction work is completed. The Contractor’s Final
Schedule Update must accurately represent the actual dates for all activities. The final schedule
update shall be prepared and reviewed per Sections 6-1.3 Preparation of Schedule Updates and
Revisions and 6-1. 4 Engineer’s Review of Updated Construction Schedule. Acceptance of the
final schedule update is required for completion of the project and release of any and all funds
retained per Section 9-3.2.
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6-1.8 Measurement and Payment of Construction Schedule. The Contractor’s preparation,
revision and maintenance of the Construction Schedule are incidental to the work and no separate
payment will be made therefore.
6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and
to restore street and other work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall diligently prosecute the Work to completion. If the Engineer determines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor
shall, upon orders from the Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as described herein shall be included in the Contractor’s Bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the
Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps.
As soon as possible under the provisions of the Specifications, the Contractor shall backfill all
excavations and restore to usefulness all improvements existing prior to the start of the Work.
If Work is suspended through no fault of the Agency, all expenses and losses incurred by the
Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to
properly provide for public safety, traffic, and protection of the Work during periods of suspension,
the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such
actions will not relieve the Contractor from liability.
6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and
materials, and performing all operations necessary to complete the Project Work as shown on the
Project Plans and as specified in the Specifications.
6-3 SUSPENSION OF WORK.
6-3.1 General. The Work may be suspended in whole or in part when determined by the
Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall
comply immediately with any written order of the Engineer. Such suspension shall be without
liability to the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3.
6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of
archaeological or paleontological interest, the Contractor shall immediately cease excavation in
the area of discovery and shall not continue until ordered by the Engineer. When resumed,
excavation operations within the area of discovery shall be as directed by the Engineer.
Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone
implements or other artifacts, animal bones, human bones, and fossils.
The Contractor shall be entitled to an extension of time and compensation in accordance with the
provisions of Section 6-6.
6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and
equipment, to commence the Work within the time specified, to maintain the rate of delivery of
material, to execute the Work in the manner and at such locations as specified, or fails to maintain
the Work schedule which will insure the Agency’s interest, or, if the Contractor is not carrying out
the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety
on its Faithful Performance Bond demanding satisfactory compliance with the Contract.
Revised 6/15/17 Contract No. 6607 Page 59 of 79
The Contract may be canceled by the Board without liability for damage, when in the Board’s
opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or
subcontracted any part of the Work without the Board’s consent. In the event of such cancellation,
the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums
bid and the quantity of the Work completed at the time of cancellation, less damages caused to
the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed
to have waived any and all claims for damages because of cancellation of Contract for any such
reason. If the Agency declares the Contract canceled for any of the above reasons, written notice
to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume
control and perform the Work as successor to the Contractor.
If the Surety assumes any part of the Work, it shall take the Contractor’s place in all respects for
that part, and shall be paid by the Agency for all work performed by it in accordance with the
Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of
its default shall be payable to the Surety as the Work progresses, subject to the terms of the
Contract.
If the Surety does not assume control and perform the Work within 5 days after receiving notice
of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the
premises. The Agency may then take possession of all material and equipment and complete the
Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination
of such methods. In any event, the cost of completing the Work shall be charged against the
Contractor and its Surety and may be deducted from any money due or becoming due from the
Agency. If the sums due under the Contract are insufficient for completion, the Contractor or
Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums
due.
The provisions of this section shall be in addition to all other rights and remedies available to the
Agency under law.
6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own
discretion or when conditions encountered during the Work make it impossible or impracticable
to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by
law, or by official action of a public authority.
6-6 DELAYS AND EXTENSIONS OF TIME.
6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor,
such delays will entitle the Contractor to an extension of time as provided herein, but the
Contractor will not be entitled to damages or additional payment due to such delays, except as
provided in 6-6.3. Such unforeseen events may include: war, government regulations, labor
disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work,
inability to obtain materials, labor or equipment, required extra work, or other specific events as
may be further described in the Specifications.
No extension of time will be granted for a delay caused by the Contractor’s inability to obtain
materials unless the Contractor furnishes to the Engineer documentary proof. The proof must be
provided in a timely manner in accordance with the sequence of the Contractor’s operations and
the approved construction schedule.
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If delays beyond the Contractor’s control are caused by events other than those mentioned above,
the Engineer may deem an extension of time to be in the best interests of the Agency. The
Contractor will not be entitled to damages or additional payment due to such delays, except as
provided in Section 6-6.3.
If delays beyond the Contractor’s control are caused solely by action or inaction by the Agency,
such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2.
6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of
delays to the Work. They will not be granted for noncontrolling delays to minor portions of the
Work unless it can be shown that such delays did or will delay the progress of the Work.
6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages
incurred due to delays for which the Agency is responsible. Such actual costs will be determined
by the Engineer. The Agency will not be liable for damages which the Contractor could have
avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The
determination of what damages the Contractor could have avoided will be made by the Engineer.
6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer
within two hours of the beginning of any period that the Contractor has placed any workers or
equipment on standby for any reason that the Contractor has determined to be caused by the
Agency or by any organization that the Agency may otherwise be obligated by. The Contractor
shall provide continuing daily written notice to the Engineer, each working day, throughout the
duration of such period of delay. The initial and continuing written notices shall include the
classification of each workman and supervisor and the make and model of each piece of
equipment placed on standby, the cumulative duration of the standby, the Contractor’s opinion of
the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay
by reasonable means. Should the Contractor fail to provide the notice(s) required by this section
the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore.
6-7 TIME OF COMPLETION.
6-7.1 General. The Contractor shall complete the Work within the time set forth in the Contract.
The Contractor shall complete each portion of the Work within such time as set forth in the
Contract for such portion. The time of completion of the Contract shall be expressed in working
days. The Contractor shall diligently prosecute the work to completion within 45 working days
after the starting date specified in the Notice to Proceed.
6-7.2 Working Day. A working day is any day within the period between the start of the Contract
time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by
the Engineer for all work provided for in the Contract, whichever occurs first, other than:
1. Saturday,
2. Sunday,
3. any day designated as a holiday by the Agency,
4. any other day designated as a holiday in a Master Labor Agreement entered into by the
Contractor or on behalf of the Contractor as an eligible member of a contractor association,
5. any day the Contractor is prevented from working at the beginning of the workday for
cause as defined in Section 6-6.1,
6. any day the Contractor is prevented from working during the first 5 hours with at least 60
percent of the normal work force for cause as defined in Section 6-6.1.
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Unless otherwise approved in writing by the Engineer, the hours of work shall be between the
hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The
Contractor shall obtain the written approval of the Engineer if the Contractor desires to work
outside said hours or at any time during weekends and/or holidays. This written permission must
be obtained at least 48 hours prior to such work The Engineer may approve work outside the
hours and/or days stated herein when, in his/her sole opinion, such work conducted by the
Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection
costs of such work.
The Contractor shall incorporate the dates, areas and types of work prohibited in this section in
the Construction Schedule required by Section 6.1. No additional payment, adjustment of bid
prices or adjustment of contract time of completion will be allowed as a consequence of the
prohibition of work being performed within the dates, areas and/or types of work prohibited in this
section.
Contractor is hereby advised that the Engineer will possibly require after hours and weekend work
on an interim basis to accomplish the work.
6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each
working day to be charged against the Contract time. These determinations will be discussed and
the Contractor will be furnished a periodic statement showing allowable number of working days
of Contract time, as adjusted, at the beginning of the reporting period. The statement will also
indicate the number of working days charged during the reporting period and the number of
working days of Contract time remaining. If the Contractor does not agree with the statement, it
shall file a written protest within 15 days after receipt, setting forth the facts of the protest.
Otherwise, the statement will be deemed to have been accepted.
6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the
Engineer for acceptance upon receipt of the Contractor’s written assertion that the Work has been
completed.
The Engineer will not accept the Work or any portion of the Work before all of the Work is
completed and all outstanding deficiencies that may exist are corrected by the Contractor and the
Engineer is satisfied that all the materials and workmanship, and all other features of the Work,
meet the requirements of all of the specifications for the Work. Use, temporary, interim or
permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the
Engineer’s judgment, the Work has been completed and is ready for acceptance the Engineer
will so certify to the Board. Upon such certification by the Engineer the Board may accept the
completed Work. Upon the Board’s acceptance of the Work the Engineer will cause a “Notice of
Completion” to be filed in the office of the San Diego County Recorder. The date of recordation
shall be the date of completion of the Work.
All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and
any faulty work or materials discovered during the warranty period shall be repaired or replaced
by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be
retained as a warranty bond for the one year warranty period. The Contractor shall replace or
repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from
the Engineer, and within the time specified in the notice. If the Contractor fails to make such
replacement or repairs within the time specified in the notice, the Agency may perform this work
and the Contractor’s sureties shall be liable for the cost thereof.
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6-9 LIQUIDATED DAMAGES. Liquidated Damages shall not be assessed by the Agency.
6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency reserves the right to
take over and utilize all or part of any completed facility or appurtenance. The Contractor will be
notified in writing in advance of such action. Such action by the Agency will relieve the Contractor
of responsibility for injury or damage to said completed portions of the improvement resulting from
use by public traffic or from the action of the elements or from any other cause, except Contractor
operations or negligence. The Contractor will not be required to reclean such portions of the
improvement before field acceptance, except for cleanup made necessary by its operations.
Nothing in this section shall be construed as relieving the Contractor from full responsibility for
correcting defective work or materials.
In the event the Agency exercises its right to place into service and utilize all or part of any
completed facility or appurtenance, the Agency will assume the responsibility and liability for injury
to persons or property resulting from the utilization of the facility or appurtenance so placed into
service, except for any such injury to persons or property caused by any willful or negligent act or
omission by the Contractor, Subcontractor, their officers, employees, or agents.
Revised 6/15/17 Contract No. 6607 Page 63 of 79
SECTION 7 – RESPONSIBILITIES OF THE CONTRACTOR
7-1 CONTRACTOR’S EQUIPMENT AND FACILITIES. The Contractor shall furnish and
maintain in good condition all equipment and facilities as required for the proper execution and
inspection of the Work. Such equipment and facilities shall meet all requirements of applicable
ordinances and laws.
7-2 LABOR.
7-2.1 General. Only competent workers shall be employed on the Work. Any person employed
who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable,
or who fails or refuses to perform work properly and acceptably, shall be immediately removed
from the Work by the Contractor and not be reemployed on the Work.
7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with
applicable provisions of the Labor Code and Federal, State, and local laws related to labor.
The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum
wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and
nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall
forfeit to the Agency the penalties prescribed in the Labor Code for violations.
In accordance with the Labor Code, the Board has on file and will publish a schedule of prevailing
wage rates for the types of work to be done under the Contract. The Contractor shall not pay less
than these rates.
Each worker shall be paid subsistence and travel as required by the collective bargaining
agreement on file with the State of California Department of Industrial Relations.
The Contractor’s attention is directed to Section 1776 of the Labor Code which imposes
responsibility upon the Contractor for the maintenance, certification, and availability for inspection
of such records for all persons employed by the Contractor or Subcontractor in connection with
the project. The Contractor shall agree through the Contract to comply with this Section and the
remaining provisions of the Labor Code.
7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the
Public Works Contract.
The cost of this insurance shall be included in the Contractor’s Bid.
7-4 WORKERS’ COMPENSATION INSURANCE. Before execution of the Contract by the
Board, the Contractor shall file with the Engineer the following signed certification:
“I am aware of the provisions of Section 3700 of the Labor Code which 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.”
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The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for,
and maintaining in full force and effect for the duration of the contract, complete Workers’
Compensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before
execution of the Contract. The Agency, its officers, or employees, will not be responsible for any
claims in law or equity occasioned by failure of the Contractor to comply with this paragraph.
All compensation insurance policies shall bear an endorsement or shall have attached a rider
whereby it is provided that, in the event of expiration or proposed cancellation of such policies for
any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days
before expiration or cancellation is effective.
All insurance is to be placed with insurers that are admitted and authorized to conduct business
in the state of California and are listed in the official publication of the Department of Insurance of
the State of California. Policies issued by the State Compensation Fund meet the requirement for
workers' compensation insurance.
7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the
Contractor all City of Carlsbad encroachment, right-of-way, grading and building permits
necessary to perform work for this contract on Agency property, streets, or other rights-of-way.
Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor
shall obtain and pay for all permits for the disposal of all materials removed from the project. The
cost of said permit(s) shall be included in the price bid for the appropriate bid item and no
additional compensation will be allowed therefore. The Contractor shall obtain and pay for all
costs incurred for permits necessitated by its operations such as, but not limited to, those permits
required for night work, overload, blasting, and demolition. For private contracts, the Contractor
shall obtain all permits incidental to the Work or made necessary by its operations, and pay all
costs incurred by the permit requirements.
The Contractor shall pay all business taxes or license fees that are required for the work.
7-6 THE CONTRACTOR’S REPRESENTATIVE. Before starting work, the Contractor shall
designate in writing a representative who shall have complete authority to act for it. An alternative
representative may be designated as well. The representative or alternate shall be present at the
Work site whenever work is in progress or whenever actions of the elements necessitate its
presence to take measures necessary to protect the Work, persons, or property. Any order or
communication given to this representative shall be deemed delivered to the Contractor. A joint
venture shall designate only one representative and alternate. In the absence of the Contractor
or its representative, instructions or directions may be given by the Engineer to the superintendent
or person in charge of the specific work to which the order applies. Such order shall be complied
with promptly and referred to the Contractor or its representative.
In order to communicate with the Agency, the Contractor’s representative, superintendent, or
person in charge of specific work shall be able to speak, read, and write the English language.
7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for
ascertaining the nature and extent of any simultaneous, collateral, and essential work by others.
The Agency, its workers and contractors and others, shall have the right to operate within or
adjacent to the Work site during the performance of such work.
The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate
their operations and cooperate to minimize interference.
Revised 6/15/17 Contract No. 6607 Page 65 of 79
The Contractor shall include in its Bid all costs involved as a result of coordinating its work with
others. The Contractor will not be entitled to additional compensation from the Agency for
damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid
or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of
the Work.
Should the Contractor be delayed by the Agency, and such delay could not have been reasonably
foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the
effect on the project, and any extension of time.
7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility
companies during the relocation or construction of their lines. The Contractor may be granted a
time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No
additional compensation will be made to the Contractor for any such delay.
7-8 PROJECT SITE MAINTENANCE.
7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension
of work, and until the final acceptance, the Contractor shall keep the site clean and free from
rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and
sprinkling with water, or other means as necessary. The use of water resulting in mud on public
streets will not be permitted as a substitute for sweeping or other methods.
When required by the Plans or Specifications, the Contractor shall furnish and operate a self-
loading motor sweeper with spray nozzles at least once each working day for the purpose of
keeping paved areas acceptably clean wherever construction, including restoration, is
incomplete.
Materials and equipment shall be removed from the site as soon as they are no longer necessary.
Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish
so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in
the Contractor’s Bid.
Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed
immediately and the area cleaned.
Excess excavation material from catch basins or similar structures shall be removed from the site
immediately. Sufficient material may remain for use as backfill if permitted by the Specifications.
Forms and form lumber shall be removed from the site as soon as practicable after stripping.
Failure of the Contractor to comply with the Engineer’s cleanup orders may result in an order to
suspend work until the condition is corrected. No additional compensation will be allowed as a
result of such suspension.
Cleanup and dust control required herein shall also be executed on weekends and other
non-working days when needed to preserve the health safety or welfare of the public. The
Contractor shall conduct effective cleanup and dust control throughout the duration of the
Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her
sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup
Revised 6/15/17 Contract No. 6607 Page 66 of 79
and dust control shall be considered incidental to the items of work that they are associated with
and no additional payment will be made therefore.
7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air
contaminants into the atmosphere in such quantity as will violate the regulations of any legally
constituted authority.
7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the
Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall
be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall
be performed by a licensed exterminator in accordance with requirements of governing
authorities. The Contractor shall be liable for injury to persons or property and responsible for the
elimination of offensive odors resulting from extermination operations.
7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of
employees engaged in the Work. These accommodations shall be maintained in a neat and
sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps.
Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities,
sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill.
7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and
remove all temporary light, power, and water at its own expense. These include piping, wiring,
lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency
concerned. The Contractor shall obtain a construction meter for water used for the construction,
plant establishment, maintenance, cleanup, testing and all other work requiring water related to
this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter
and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered
incidental to the items of work that they are associated with and no additional payment will be
made therefore.
7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to
protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule
operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to
provide prevention, control, and abatement of water pollution.
The Contractor shall comply with the California State Water Resources Control Board (SWRCB)
Order Number R9-2013-0001, Construction General Permit and amendments thereto, Waste
Discharge Requirements (WDR’s) for Discharges of Stormwater Runoff associated with
Construction Activity (General Permit) and subsequent adopted modifications and with all
requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in
accordance with these regulations.
7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work
areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic
concrete, or other acceptable material will be permitted when necessary. Such dams shall be
removed from the site as soon as their use is no longer necessary.
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7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped
with mufflers in good repair when in use on the project with special attention to the City Noise
Control Ordinance, Carlsbad Municipal Code Chapter 8.48.
7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor
shall be responsible for the protection of public and private property adjacent to the Work and
shall exercise due caution to avoid damage to such property.
The Contractor shall repair or replace all existing improvements within the right-of-way which are
not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility
installations, pavement, structures, etc.) which are damaged or removed as a result of its
operations. When a portion of a sprinkler system within the right-of-way must be removed, the
remaining lines shall be capped. Repairs and replacements shall be at least equal to existing
improvements and shall match them in finish and dimension.
Maintenance of street and traffic signal systems that are damaged, temporarily removed or
relocated shall be done in conformance with 307-1.5.
Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury.
If damaged or removed due to Contractor’s operations, they shall be restored or replaced in as
nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and
covered with suitable mulch.
The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit
them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the
right-of-way which are designated for removal and would be destroyed because of the Work.
All costs to the Contractor for protecting, removing, and restoring existing improvements shall be
included in the Bid.
7-10 PUBLIC CONVENIENCE AND SAFETY.
7-10.1 Traffic and Access. The Contractor’s operations shall cause no unnecessary
inconvenience. The access rights of the public shall be considered at all times. Unless otherwise
authorized, traffic shall be permitted to pass through the Work, or an approved detour shall be
provided.
Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire
hydrants; commercial and industrial establishments; churches, schools and parking lots; service
stations and motels; hospitals; police and fire stations; and establishments of similar nature.
Access to these facilities shall be continuous and unobstructed unless otherwise approved by the
Engineer.
Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian
crossings of the Work at intervals not exceeding 90 m (300 feet), shall be maintained unless
otherwise approved by the Engineer.
Vehicular access to residential driveways shall be maintained to the property line except when
necessary construction precludes such access for reasonable periods of time. If backfill has been
completed to the extent that safe access may be provided, and the street is opened to local traffic,
the Contractor shall immediately clear the street and driveways and provide and maintain access.
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The Contractor shall cooperate with the various parties involved in the delivery of mail and the
collection and removal of trash and garbage to maintain existing schedules for these services.
Grading operations, roadway excavation and fill construction shall be conducted by the Contractor
in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is
completed, the roadbed surface shall be brought to a smooth, even condition satisfactory for
traffic.
Unless otherwise authorized, work shall be performed in only one-half the roadway at one time.
One half shall be kept open and unobstructed until the opposite side is ready for use. If one-half
a street only is being improved, the other half shall be conditioned and maintained as a detour.
The Contractor shall schedule the work so as to prevent damage by all traffic, including but not
limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup.
The trash hauling schedule can be obtained by calling the City’s contracted waste disposal
company, Republic Services at 760-332-6464.
During overlay operations, the Contractors schedule for overlay application shall be designated
to provide residents and business owners whose streets are to be overlaid sufficient paved
parking within an 800 foot distance from their homes or businesses.
Seventy-two hours prior to the start of any construction in the public right-of-way that affects
vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification
of the impending disruption. For a full street closure, all residences and/or businesses on the
affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway
repairs, the residences and/or businesses directly affected by the work shall be notified.
The notification shall be hand delivered and shall state the date and time the work will begin and
its anticipated duration. The notification shall list two telephone numbers that may be called to
obtain additional information. One number shall be the Contractor’s permanent office or field office
and the other number shall be a 24-hour number answered by someone who is knowledgeable
about the project. At least one of the phone numbers shall be in the (760) area code. An answering
machine shall not be connected to either number. The notification shall also give a brief
description of the work and simple instructions to the home or business owner on what they need
to do to facilitate the construction. The Contractor shall submit the contents of the notification to
the Engineer for approval. Notices shall not be distributed until approved by the Engineer.
For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a
doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall
be brightly colored with contrasting printing. The material shall be equivalent in strength and
durability to 65 lb. card stock. The printing on the notice shall be no smaller than 12 point. An
example of such notice is provided in Appendix “A”.
In addition to the notifications, the contractor shall post no parking signs 72 hours in advance of
the work being performed. The no parking signs shall state the date and time of parking restriction
for a duration not to exceed the time necessary to complete the work at that location. Failure of
the contractor to meet the posted date requires re-posting the no parking signs 72 hours in
advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall
be removed and re-posted 72 hours in advance of the rescheduled work.
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The preparation, materials, printing and distribution of the notifications shall be included in the
contract price bid for traffic control and the Contractor will not be entitled to any additional
compensation for printing and distributing these notices.
The contractor shall replace all street markings and striping damaged by construction activities.
The Contractor shall include in its Bid all costs for the above requirements.
7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not
be stored in streets, roads, or highways for more than 5 days after unloading. All materials or
equipment not installed or used in construction within 5 days after unloading shall be stored
elsewhere by the Contractor at its expense unless authorized additional storage time.
Construction equipment shall not be stored at the Work site before its actual use on the Work nor
for more than 5 days after it is no longer needed. Time necessary for repair or assembly of
equipment may be authorized by the Engineer.
Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be
stored in public streets unless otherwise permitted. After placing backfill, all excess material shall
be removed immediately from the site.
7-10.3 Street Closures, Detours, Barricades. The Contractor shall comply with all applicable
State, County, and City requirements for closure of streets. The Contractor shall provide barriers, guards, lights, signs, temporary bridges, flagpersons, and watchpersons. The Contractor shall be
responsible for compliance with additional public safety requirements which may arise. The
Contractor shall furnish and install signs and warning devices and promptly remove them upon
completion of the Work.
After obtaining the Engineers approval and at least 5 working days before closing, detouring,
partially closing or reopening any street, alley or other public thoroughfare the Contractor shall
notify the following:
1. The Engineer ............................................................................ 442-339-2505
2. Carlsbad Fire Department Dispatch .......................................... 442-339-2197
3. Carlsbad Police Department Dispatch ...................................... 442-339-2197
4. Carlsbad Traffic Signals Maintenance (extension 2937) ........... 442-339-2980
5. Carlsbad Traffic Signals Operations.......................................... 442-339-2752
6. North County Transit District ..................................................... 760-967-2828
7. Republic Services ..................................................................... 760-332-6464
The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer’s
written approval prior to deviating from the requirements of 2) through, and including, 7) above. The Contractor shall obtain the written approval no less than five working days prior to placing
any traffic control that affects bus stops.
The Contractor shall secure approval, in advance, from authorities concerned for the use of any
bridges proposed by it for public use. Temporary bridges shall be clearly posted as to load limit, with signs and posting conforming to current requirements covering “signs” as set forth in the
Traffic Manual published by the California Department of Transportation. This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required.
All costs involved shall be included in the Bid.
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Traffic controls shall be in accordance with the plans, The California Manual on Uniform Traffic
Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and these provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor
shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install
and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign
or device, or the actual cost of providing such traffic control facility, whichever is the greater. 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and
control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of
Section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of Section 214-5.1.et seq. All temporary reflective channelizers shall conform to the provisions of Section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb
marking shall conform to the provisions of Section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to Section 210-1.6 for materials and Section 310-5 et
seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the
Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be
removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect
underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed
from the traveled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code,
portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in Section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective
cone sleeves as specified in CALTRANS “Standard Specifications”, except the sleeves shall be 7” long. Personal vehicles of the Contractor's employees shall not be parked within the traveled
way, including any Section closed to public traffic. Whenever the Contractor’s vehicles or equipment are parked on the shoulder within 6’ of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked
vehicles or equipment and along the edge of the pavement at not less than 25’ intervals to a point not less than 25’ past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A W20-1 (Road Work Ahead) or C24 (Shoulder
Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer.
7-10.3.2 Maintaining Traffic. The Contractor’s personnel shall not work closer than two (2) feet,
nor operate equipment within five (5) feet from any traffic lane occupied by traffic. For equipment
the five (5) feet shall be measured from the closest approach of any part of the equipment as it is
operated and/or maneuvered in performing the work. This requirement may be waived when the
Engineer has given written authorization to the reduction in clearance that is specific to the time,
duration and location of such waiver, when such reduction is shown on the traffic control plans
included in these contract documents, when such reduction is shown on the traffic control plans
prepared by the Contractor and approved by the Engineer or for the work of installing, maintaining
Revised 6/15/17 Contract No. 6607 Page 71 of 79
and removing traffic control devices. As a condition of such waiver the Engineer may require the
Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the
adjacent traffic lane or provide barriers.
7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing
traffic lanes or pedestrian walkways in accordance with the details shown on the plans, California
Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use
in California) and provisions under "Maintaining Traffic" elsewhere in these Provisions. The
provisions in this section will not relieve the Contractor from its responsibility to provide such
additional devices or take such measures as may be necessary to maintain public safety.
When lanes are closed for only the duration of work periods, all components of the traffic control
system, except portable delineators placed along open trenches or excavation adjacent to the
traveled way, shall be removed from the traveled way and shoulder at the end work period. If the
Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way.
7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe
operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic
control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not
start traffic striping operations using an alternative plan until the Contractor has submitted its plan
to the Engineer and has received the Engineer's written approval of said plan.
7-10.3.5 Payment. The Contractor shall provide traffic control at the contract lump sum price bid.
The contract lump sum price paid for "traffic control" shall include full compensation for furnishing
all labor (including flagging costs), materials (including signs), tools, equipment and incidentals,
and for doing all the work involved in preparation, reproduction and changing of traffic control
plans, placing, applying traffic stripes and pavement markers with bituminous adhesive, removing,
storing, maintaining, moving to new locations, replacing, and disposing of the components of the
traffic control system as shown on the plans and approved additions and modifications, as
specified in these supplemental provisions, and as directed by the Engineer. All expenses and
time to prepare and review modifications, additions, supplements and/or new TCP designs shall
be included in the lump sum bid for traffic control and no additional payment will be made
therefore. Flagging costs will be paid for as a part of the Lump Sum Amount for "Traffic Control."
The cost of labor and material for portable concrete barriers will be paid for at the unit price bid.
When there is no bid item the cost of labor and material for portable concrete barriers they will be
paid as an incidental to the work being performed and no additional payment will be made
therefore. Progress payments for "Traffic Control" will be based on the percentage of the
improvement work completed.
7-10.4 Safety.
7-10.4.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable extracts
of: Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued
by the State Division of Industrial Safety. The Contractor shall comply with provisions of these
and all other applicable laws, ordinances, and regulations.
Before excavating any trench 5 feet or more in depth, the Contractor shall submit a detailed plan
to the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for
the workers’ protection from the hazard of caving ground during the excavation of such trench. If
Revised 6/15/17 Contract No. 6607 Page 72 of 79
the plan varies from the shoring system standards, the plan shall be prepared by a registered
Civil Engineer. No excavation shall start until the Engineer has accepted the plan and the
Contractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit
shall be submitted to the Engineer.
Payment for performing all work necessary to provide safety measures shall be included in the
prices bid for other items of work except where separate bid items for excavation safety are
provided, or required by law.
7-10.4.2 Use of Explosives. Explosives may be used only when authorized in writing by the
Engineer, or as otherwise stated in the Specifications. Explosives shall be handled, used, and
stored in accordance with all applicable regulations.
The Engineer’s approval of the use of explosives shall not relieve the Contractor from liability for
claims caused by blasting operations.
7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous
substances or mixtures may be required on the Work. A Material Safety Data Sheet as described
in Section 5194 of the California Code of Regulations shall be requested by the Contractor from
the manufacturer of any hazardous products used.
Material usage shall be accomplished with strict adherence to California Division of Industrial
Safety requirements and all manufacturer warnings and application instructions listed on the
Material Safety Data Sheet and on the product container label.
The Contractor shall notify the Engineer if a specified product cannot be used under safe
conditions.
7-10.4.4 Confined Spaces.
(a) Confined Space Entry Program. The Contractor shall be responsible for implementing,
administering and maintaining a confined space entry program (CSEP) in accordance with
Sections 5156, 5157 and 5158, Title 8, CCR.
Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to
the Engineer. The CSEP shall address all potential physical and environmental hazards and
contain procedures for safe entry into confined spaces, including, but not limited to the following:
1. Training of personnel
2. Purging and cleaning the space of materials and residue
3. Potential isolation and control of energy and material inflow
4. Controlled access to the space
5. Atmospheric testing of the space
6. Ventilation of the space
7. Special hazards consideration
8. Personal protective equipment
9. Rescue plan provisions
The Contractor’s submittal shall include the names of its personnel, including subcontractor
personnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and
their specific assignment and responsibility in carrying out the CSEP.
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(b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in
Section 5157, Title 8, CCR may be required as a part of the Work. All manholes, tanks, vaults,
pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit-
required confined spaces until the pre-entry procedures demonstrate otherwise. The Contractor
shall implement a permit space program prior to performing any work in a permit-required
confined space. A copy of the permit shall be available at all times for review by Contractor and
Agency personnel at the Work site.
(c) Payment. Payment for implementing, administering, and providing all equipment and
personnel to perform the CSEP shall be included in the bid items for which the CSEP is required.
7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary
precautions for the safety of employees on the work and shall comply with all applicable provisions
of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to
persons on, about, or adjacent to the premises where the work is being performed. The Contractor
shall erect and properly maintain at all times, as required by the conditions and progress of the
work, all necessary safeguards for the protection of workers and public, and shall use danger
signs warning against hazards created by such features of construction as protruding nails, hoists,
well holes, and falling materials.
7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or
royalties on any patented article or process furnished or used in the Work. The Contractor shall
indemnify and hold the Agency harmless from any legal action that may be brought for
infringement of patents.
7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors,
architects, or engineers may be displayed on removable signs. The size and location shall be
subject to the Engineer’s approval.
Commercial advertising matter shall not be attached to or painted on the surfaces of buildings,
fences, canopies, or barricades.
7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and National
laws and County and Municipal ordinances and regulations which in any manner affect those
employed in the Work or the materials used in the Work or in any way affect the conduct of the
Work. The Contractor shall at all times observe and comply with such laws, ordinances, and
regulations. Municipal ordinances that affect this work include Chapter 11.06. Excavation and
Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds,
for use in the proposed construction project which would be subject to Section 1601 or Section
1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of
the Fish and Game Code shall become conditions of the contract.
7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides:
“In entering into a public works contract or a subcontract to supply goods, services,
or materials 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 Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2
of Division 7 of the Business and Professions Code), arising from purchases of
Revised 6/15/17 Contract No. 6607 Page 74 of 79
goods, services, or materials pursuant to the public works contract or subcontract.
The assignment shall be made and become effective at the time the awarding body
tenders final payment to the contractor, without further acknowledgment of the
parties.”
APPENDIX A
CARB FLEET COMPLIANCE CERTIFICATION
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SECTION 8 – FACILITIES FOR AGENCY PERSONNEL
8-1 GENERAL. A facility for agency personnel is not required.
Revised 6/15/17 Contract No. 6607 Page 76 of 79
SECTION 9 – MEASUREMENT AND PAYMENT
9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK.
9-1.1 General. Unless otherwise specified, quantities of work shall be determined from
measurements or dimensions in horizontal planes. However, linear quantities of pipe, piling,
fencing and timber shall be considered as being the true length measured along longitudinal axis.
Unless otherwise provided in Specifications, volumetric quantities shall be the product of the
mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension.
The planimeter shall be considered an instrument of precision adapted to measurement of all
areas.
9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis
of measurement shall be measured in accordance with methods stipulated in the particular
sections involved.
9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing
shall be done on certified platform scales or, when approved by the Engineer, on a completely
automated weighing and recording system. The Contractor shall furnish the Engineer with
duplicate licensed weighmaster’s certificates showing actual net weights. The Agency will accept
the certificates as evidence of weights delivered.
9-1.4 Units of Measurement. The system of measure for this contract shall be the U.S.
Standard Measures.
9-2 LUMP SUM WORK. Items for which quantities are indicated “Lump Sum”, “L.S.”, or “Job”,
shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the
items of work and all work appurtenant thereto.
When required by the Specifications or requested by the Engineer, the Contractor shall submit to
the Engineer within 15 days after award of Contract, a detailed schedule in triplicate, to be used
only as a basis for determining progress payments on a lump sum contract or designated lump
sum bid item. This schedule shall equal the lump sum bid and shall be in such form and sufficiently
detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the
lump sum.
9-3 PAYMENT.
9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment
to the Contractor will be made only for actual quantities of Contract items constructed in
accordance with the Plans and Specifications. Upon completion of construction, if the actual
quantities show either an increase or decrease from the quantities given in the Bid schedule, the
Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1.
The unit and lump sum prices to be paid shall be full compensation for the items of work and all
appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals.
Payment will not be made for materials wasted or disposed of in a manner not called for under
the Contract. This includes rejected material not unloaded from vehicles, material rejected after it
has been placed, and material placed outside of the Plan lines. No compensation will be allowed
for disposing of rejected or excess material.
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Payment for work performed or materials furnished under an Assessment Act Contract will be
made as provided in particular proceedings or legislative act under which such contract was
awarded.
Whenever any portion of the Work is performed by the Agency at the Contractor’s request, the
cost thereof shall be charged against the Contractor, and may be deducted from any amount due
or becoming due from the Agency.
Whenever immediate action is required to prevent injury, death, or property damage, and
precautions which are the Contractor’s responsibility have not been taken and are not reasonably
expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause
such precautions to be taken and shall charge the cost thereof against the Contractor, or may
deduct such cost from any amount due or becoming due from the Agency. Agency action or
inaction under such circumstances shall not be construed as relieving the Contractor or its Surety
from liability.
Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such
payment be construed to be acceptance of any of the Work. Payment shall not be construed as
the transfer of ownership of any equipment or materials to the Agency. Responsibility of
ownership shall remain with the Contractor who shall be obligated to store any fully or partially
completed work or structure for which payment has been made; or replace any materials or
equipment required to be provided under the Contract which may be damaged, lost, stolen or
otherwise degraded in any way prior to acceptance of the Work, except as provided in Section 6-
10.
Guarantee periods shall not be affected by any payment but shall commence on the date of
recordation of the “Notice of Completion.”
If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency,
due to the Contractor’s failure to pay for labor or materials used in the Work, all money due for
such labor or materials will be withheld from payment to the Contractor in accordance with
applicable laws.
At the expiration of 35 days from the date of acceptance of the Work by the Board, or as prescribed
by law, the amount deducted from the final estimate and retained by the Agency will be paid to
the Contractor except such amounts as are required by law to be withheld by properly executed
and filed notices to stop payment, or as may be authorized by the Contract to be further retained.
9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure
date for the purpose of making monthly progress payments. The Contractor may request in writing
that such monthly closure date be changed. The Engineer may approve such request when it is
compatible with the Agency’s payment procedure.
Each month, the Engineer will make an approximate measurement of the work performed to the
closure date as basis for making monthly progress payments. The estimated value will be based
on contract unit prices, completed change order work and as provided for in Section 9-2 of these
General Provisions. Progress payments shall be made no later than thirty (30) calendar days after
the closure date. Five (5) working days following the closure date, the Engineer shall complete
the detailed progress pay estimate and submit it to the Contractor for the Contractor’s information.
Should the Contractor assert that additional payment is due, the Contractor shall within ten (10)
days of receipt of the progress estimate, submit a supplemental payment request to the Engineer
Revised 6/15/17 Contract No. 6607 Page 78 of 79
with adequate justification supporting the amount of supplemental payment request. Upon receipt
of the supplemental payment request, the Engineer shall, as soon as practicable after receipt,
determine whether the supplemental payment request is a proper payment request. If the
Engineer determines that the supplemental payment request is not proper, then the request shall
be returned to the Contractor as soon as practicable, but not later than seven (7) days after
receipt. The returned request shall be accompanied by a document setting forth in writing the
reasons why the supplemental payment request was not proper. In conformance with Public
Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt
of an undisputed and properly submitted supplemental payment request from the Contractor. If
payment of the undisputed supplemental payment request is not made within thirty (30) days after
receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal
rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure.
From each progress estimate, 10 percent will be deducted and retained by the Agency, and the
remainder less the amount of all previous payments will be paid. After 50 percent of the Work has
been completed and if progress on the Work is satisfactory, the deduction to be made from
remaining progress estimates and from the final estimate may be limited to $500 or 10 percent of
the first half of total Contract amount, whichever is greater.
No progress payment made to the Contractor or its sureties will constitute a waiver of the
liquidated damages under 6-9.
As provided in Section 22300 of the California Public Contract Code, the Contractor may
substitute securities for any monies withheld by the Agency to ensure performance under the
Contract.
After final inspection, the Engineer will make a Final Payment Estimate and process a
corresponding payment. This estimate will be in writing and shall be for the total amount owed the
Contractor as determined by the Engineer and shall be itemized by the contract bid item and
change order item with quantities and payment amounts and shall show all deductions made or
to be made for prior payments and amounts to be deducted under provisions of the contract. All
prior estimates and progress payments shall be subject to correction in the Final Payment
Estimate.
The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make
written statement disputing any bid item or change order item quantity or payment amount. The
Contractor shall provide all documentation at the time of submitting the statement supporting its
position. Should the Contractor fail to submit the statement and supporting documentation within
the time specified, the Contractor acknowledges that full and final payment has been made for all
contract bid items and change order items.
If the Contractor submits a written statement with documentation in the aforementioned time, the
Engineer will review the disputed item within 30 calendar days and make any appropriate
adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by
the Engineer will be subject to resolution as specified in Section 3-5, Disputed Work.
The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to
ascertain the basis and amount of said disputed items. The Engineer will consider the merits of
the Contractor’s claims. It will be the responsibility of the Contractor to furnish within a reasonable
time such further information and details as may be required by the Engineer to determine the
City Attorney Approved Version 12/14/2023
DISCLOSURE & SUBMITTAL REQUIREMENT
VEHICLE EMISSION DISCLOSURE & COMPLIANCE REQUIREMENT.
This Project is subject to the following regulation(s) by the California Air Resources Board. In
bidding this Project, it shall be the Bidder’s sole responsibility to evaluate and include the cost of
complying with all equipment and vehicle emission requirements under this Contract and
applicable law in its Bid.
ADVANCED CLEAN FLEETS.
Vehicles with a Gross Vehicle Weight Rating (GVWR) greater than 8,500 lbs. and light-duty
package delivery vehicles operated in California may be subject to the California Air Resources
Board Advanced Clean Fleets regulations. Such vehicles may therefore be subject to
requirements to reduce emissions of air pollutants. For more information, please visit the CARB
Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-
fleets.
Bidders utilizing subcontractors shall provide a signed certificate of reported compliance for each
listed subcontractor in the space provided in the Proposed Subcontractors form. Bidders, and its
subcontractors must be registered as compliant fleets at the time of bid submittal. In the event
that a bidder, or its subcontractors, are exempt from this regulation, the bidder must submit a
signed statement attesting to the fact, and to the reason(s) why it is not subject to the High Priority
and Federal Fleets Regulation of Title 13, CCR Section 2015 through 2015.6 and the State and
Local Government Fleets Regulation of Title 13, CCR Section 2013 through 2013.4.
Failure to certify as a compliant fleet or provide an attestation to an exemption, may render
the bid non-responsive.
IN-USE OFF-ROAD DIESEL-FUELED FLEETS.
Any contractor utilizing off highway vehicles or equipment may be subject to compliance with the
In-Use Off-Road Diesel-Fueled Fleets Regulation. For more information, please visit the CARB
In-Use Off-Road Diesel-Fueled Fleets Regulation webpage at: https://ww2.arb.ca.gov/our-
work/programs/use-road-diesel-fueled-fleets-regulation.
Bidders shall submit with its Bid a valid California Air Resources Board certificate of reported
compliance. Bidders utilizing subcontractors shall submit the DOORS ID number for each listed
subcontractor in the space provided in the Proposed Subcontractors form. Bidders are
responsible for including a certificate of reported compliance for each identified subcontractor.
Failure to submit valid certificates may render the bid non-responsive.
GENERAL COMPLIANCE WITH LAWS.
Contractor will keep fully informed of federal, state and local laws and ordinances and regulations
which in any manner affect those employed by Contractor, or in any way affect the performance
of the Services by Contractor. Contractor will at all times observe and comply with these laws,
ordinances, and regulations and will be responsible for the compliance of Contractor's services
with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986
and will comply with those requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors and consultants whose services are
required by this Agreement.
City Attorney Approved Version 12/14/2023
Contractor is aware of the requirements of the emissions reduction regulations being mandated
by the California Air Resources Board (“CARB”) and that it will comply with all applicable
regulations before commencing the performance of the work and maintain compliance throughout
the duration of this Agreement.
CALIFORNIA AIR RESOURCES BOARD.
The California Air Resources Board (“CARB”) implemented amendments to the In-Use Off-Road
Diesel- Fueled Fleets Regulations (“Regulation”) which are effective on January 1, 2024, and
apply broadly to all self-propelled off-road diesel vehicles 25 horsepower or greater and other
forms of equipment used in California. A copy of the Regulation is available at:
https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf
Bidders are required to comply with all CARB and Regulation requirements, including, without
limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code
of Regulations section 2449 et seq. throughout the term of the Project. Bidders must provide,
with their Bid, copies of Bidder’s and all listed subcontractors the most recent, valid
Certificate of Reported Compliance (“CRC”) issued by CARB. Failure to provide valid CRCs
as required herein may render the Bid non-responsive.
The City of Carlsbad is a Public Works Awarding Body, as that term is defined under Title 13
California Code of Regulations section 2449(c)(46). Accordingly, Bidders must submit, with their
Bids, valid Certificates of Reported Compliance (“CRC”) for the Bidder’s fleet, and for the fleets
of any listed subcontractors (including any applicable leased equipment or vehicles). Bidders must
complete and submit the Fleet Compliance Certification, on the form provided. Failure to provide
a CRC for the Bidder, and for all listed subcontractors, or failure to complete the Fleet Compliance
Certification, may render the Bid non-responsive.
COMPLIANCE WITH CALIFORNIA AIR RESOURCES BOARD REGULATIONS.
Contractor shall comply, and shall ensure all subcontractors comply, with all applicable
requirements of the most current version of the California Air Resources Board (“CARB”)
regulations including, without limitation, all applicable terms of Title 13, California Code of
Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”).
Throughout the Project, and for three (3) years thereafter, Contractor shall make available for
inspection and copying any and all documents or information associated with Contractor’s and
subcontractors’ fleet including, without limitation, Certificates of Reported Compliance (“CRC”),
fuel/refueling records, maintenance records, emissions records, and any other information the
Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2)
calendar days’ notice from the City of Carlsbad.
Contractor shall be solely liable for any and all costs associated with complying with the
Regulation as well as for any and all penalties, fines, damages, or costs associated with any and
all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and
hold harmless the City of Carlsbad, its officials (appointed and elected), officers, and employees
from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure
to comply with the Regulation.
City Attorney Approved Version 12/14/2023
FLEET COMPLIANCE CERTIFICATION.
Bidder hereby acknowledges that they have reviewed the CARB’s policies, rules
and regulations and are familiar with the requirements of Title 13, California Code
of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the
“Regulation”). Bidder hereby certifies, subject to the penalty of perjury, that the
option checked below relating to the Bidder’s fleet, and/or that of their
subcontractor(s) (“Fleet”) is true and correct:
□ The Fleet is subject to the requirements of the Regulation, and the
appropriate Certificate(s) of Reported Compliance have been attached
hereto.
□ The Fleet is exempt from the Regulation under Section 2449.1(f)(2), and
a signed description of the subject vehicles, and reasoning for exemption
has been attached hereto.
□ Bidder and/or their subcontractor is unable to procure R99 or R100
renewable diesel fuel as defined in the Regulation pursuant to Section
2449.1(f)(3). Bidder shall keep detailed records describing the normal
refueling methods, their attempts to procure renewable diesel fuel and
proof that shows they were not able to procure renewable diesel (i.e.,
third party correspondence or vendor bids).
□ The Fleet is exempt from the requirements of the Regulation pursuant to
Section 2449(i)(4) because this Project has been deemed an
“emergency”, as that term is defined in Section 2449(c)(18). Bidder shall
only operate the exempted vehicles in the emergency situation and
records of the exempted vehicles must be maintained, pursuant to
Section 2449(i)(4).
□ The Fleet does not fall under the Regulation or are otherwise exempt and
a detailed reasoning is attached to this certification.
Name of Bidder:
Signature:
Name:
Title:
Date:
Revised 6/15/17 Contract No. 6607 Page 79 of 79
facts or contentions involved in its claims. Failure to submit such information and details will be
sufficient cause for denying payment for the disputed items.
9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written
statement required in Section 9-3.2 all claims of any dollar amount shall be submitted in a written
statement by the Contractor no later than the date of receipt of the final payment estimate. Those
final payment items disputed in the written statement required in Section 9-3.2 shall be submitted
no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that
was not included in this written statement, nor will any claim be allowed for which written notice
or protest is required under any provision of this contract including Sections 3-4 Changed
Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and
Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or
protest requirements.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain
the basis and amount of said claims. The Engineer will consider and determine the Contractor’s
claims and it will be the responsibility of the Contractor to furnish within a reasonable time such
further information and details as may be required by the Engineer to determine the facts or
contentions involved in its claims. Failure to submit such information and details will be sufficient
cause for denying the claims.
Payment for claims shall be processed within 30 calendar days of their resolution for those claims
approved by the Engineer. The Contractor shall proceed with informal dispute resolution under
Section 3-5, Disputed Work, for those claims remaining in dispute.
9-3.3 Delivered Materials. When provided for in the Specifications, and subject to the limitation
and conditions therein, the cost of materials and equipment delivered but not incorporated into
the Work will be included in the progress estimate.
9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated
into the work will not be included in the progress estimate.
9-3.4 Mobilization. When a bid item is included in the Proposal form for mobilization and subject
to the conditions and limitations in the Specifications, the costs of work in advance of construction
operations and not directly attributable to any specific bid item will be included in the progress
estimate. When no such bid item is provided, payment for such costs will be considered to be
included in the other items of work.
9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work
includes full compensation for furnishing all insurance, bonds, licenses, labor, materials, utilities,
tools, equipment and incidentals, and for doing all the work 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 preparing to conduct work on and off the
project site and other offsite facilities necessary for work on the project; for all other facilities,
sureties, work and operations which must be performed or costs incurred prior to beginning work
on various contract items on or off the project site, excepting those specifically paid for under
separate sections of these specifications. The Contractor hereby agrees that the stipulated lump
sum amount is sufficient for Mobilization and Preparatory Work, as described in this section, and
that the Contractor shall have no right to additional compensation for Mobilization and Preparatory
Work.