HomeMy WebLinkAbout2019-11-19; City Council; Resolution 2019-233RESOLUTION NO. 2019-233
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
APPROVING THE CONTRACT DOCUMENTS, PLANS AND SPECIFICATIONS FOR THE AVIARA
AND HIDDEN CANYON COMMUNITY PARK PLAYGROUND SAFETY RESURFACING PROJECT
(CIP PROJECT NO. 4745), AND AUTHORIZING THE CITY CLERK TO ADVERTISE THE PROJECT
FOR PUBLIC BIDS
WHEREAS, the existing unitary rubberized safety surfacing on the playgrounds at Aviara
Community Park and at Hidden Canyon Community Park are over 12 years old and in need of resurfacing
due to age and wear; and
WHEREAS, only minor repairs have been made to this safety surfacing over that period; and
WHEREAS, the existing surfacing has surpassed its five-year warranty period and its expected
useful life; and
WHEREAS, the significant use of these two playground areas has resulted in corresponding
splits/tears, holes and diminished overall quality and impact attenuation of the surfacing; and
WHEREAS, the overall safety and usability of these playgrounds will be considerably enhanced as
a result of the resurfacing project under Capital Improvement Program {CIP) Project No. 4745 (Project);
and
WHEREAS, the specified surfacing material for the Project will be warrantied for a period of five
years; and
WHEREAS, the contract documents, plans, and specifications for the furnishing of all labor,
material and equipment necessary to replace the playground surfacing at Aviara and Hidden Canyon
Community Parks for the Project have been prepared, are on file in the City Clerk's Office, and are
incorporated by reference herein; and
WHEREAS, the estimated construction costs for the Project are $399,855; and
WHEREAS, funding for the Project, in the amount of $600,000, was approved in the fiscal year
2019-20 CIP Budget.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the contract documents, plans and specifications for the Aviara and Hidden Canyon
Community Parks Playground Safety Resurfacing Project (CIP Project No. 4745) have been
prepared, are on file in the City Clerk's Office, and are hereby approved.
3. The city clerk of the City of Carlsbad is hereby authorized and directed to publish, in
accordance with State law, a notice to contractors inviting bids for the Aviara and Hidden
Canyon Community Parks Playground Safety Resurfacing Project (CIP Project No. 4745),
in accordance with the contract documents, plans and specifications referred to herein.
Nov. 19, 2019 Item #4 Page 3 of 118
PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council of the City of Carlsbad
on the 19th day of November 2019, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
Nov. 19, 2019 Item #4 Page 4 of 118
CITY OF CARLSBAD
San Diego County
California
CONTRACT DOCUMENTS,
GENERAL PROVISIONS,
SUPPLEMENT AL PROVISIONS, AND
TECHNICAL SPECIFICATIONS
FOR
A VIARA AND HIDDEN CANYON
COMMUNITY PARKS
PLAYGROUND SAFETY
RESURFACING
CONTRACT NO. 4745
BID NO. PWS20-868PKS
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Nov. 19, 2019 Item #4 Page 5 of 118
TABLE OF CONTENTS
Notice Inviting Bids ................................................................................................................ 6
Contractor's Proposal. .......................................................................................................... 11
Major Equipment List ........................................................................................................... 17
Bid Security Form ................................................................................................................ 19
Bidder's Bond to Accompany Proposal ................................................................................ 20
Guide for Completing the "Designation of Subcontractors" Form ......................................... 21
Designation of Subcontractor and Amount of Subcontractor's Bid Items ............................. 23
Bidder's Statement of Technical Ability and Experience ....................................................... 24
Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive
Liability and Workers' Compensation ................................................................................... 25
Bidder's Statement Re Debarment ....................................................................................... 26
Bidder's Disclosure of Discipline Record .................................................................... 27
Noncollusion Declaration to Be Executed by Bidder and Submitted with Bid ........................ 29
Contract Public Works .......................................................................................................... 30
Labor and Materials Bond .................................................................................................... 37
Faithful Performance/Warranty Bond ................................................................................... 39
Optional Escrow Agreement for Surety Deposits in Lieu of Retention .................................. 41
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Nov. 19, 2019 Item #4 Page 6 of 118
Section 1
1-1
1-2
1-3
1-4
1-5
Section 2
2-1
2-2
2-3
2-4
2-5
2-6
2-7
2-8
2-9
2-10
2-11
Section 3
3-1
3-2
3-3
3-4
3-5
Section 4
4-1
4-2
Section 5
5-1
5-2
5-3
5-4
5-5
5-6
Section 6
6-1
6-2
6-3
6-4
6-5
6-6
6-7
6-8
GENERAL PROVISIONS
Terms, Definitions Abbreviations and Symbols
Terms .......................................................................................................... 44
Definitions .................................................................................................... 44
Abbreviations ............................................................................................... 48
Units of Measure .......................................................................................... 51
Symbols ....................................................................................................... 52
Scope and Control of The Work
Award and Execution of Contract ................................................................. 53
Assignment .................................................................................................. 53
Subcontracts ................................................................................................ 53
Contract Bonds ............................................................................................ 54
Plans and Specifications .............................................................................. 55
Work to be Done .......................................................................................... 59
Subsurface Data .......................................................................................... 59
Right-of-Way ................................................................................................ 59
Surveying ..................................................................................................... 59
Authority of Board and Engineer .................................................................. 61
Inspection .................................................................................................... 61
Changes in Work
Changes Requested by the Contractor ........................................................ 62
Changes Initiated by the Agency .................................................................. 62
Extra Work ................................................................................................... 63
Changed Conditions .................................................................................... 66
Disputed Work ............................................................................................. 67
Control of Materials
Materials and Workmanship ......................................................................... 73
Materials Transportation, Handling and Storage ........................................... 77
Utilities
Location ....................................................................................................... 78
Protection .................................................................................................... 78
Removal ...................................................................................................... 79
Relocation .................................................................................................... 79
Delays .......................................................................................................... 80
Cooperation ................................................................................................. 80
Prosecution, Progress and Acceptance of the Work
Construction Schedule and Commencement of Work ................................... 81
Prosecution of Work ..................................................................................... 85
Suspension of Work ..................................................................................... 85
Default by Contractor ................................................................................... 86
Termination of Contract... ............................................................................. 87
Delays and Extensions of Time .................................................................... 87
Time of Completion ...................................................................................... 88
Completion, Acceptance, and Warranty ....................................................... 88
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Nov. 19, 2019 Item #4 Page 7 of 118
6-9
6-10
Section 7
7-1
7-2
7-3
7-4
7-5
7-6
7-7
7-8
7-9
7-10
7-11
7-12
7-13
7-14
Section 8
8-1
Section 9
9-1
9-2
9-3
9-4
Liquidated Damages .................................................................................... 89
Use of Improvement During Construction .................................................... 89
Responsibilities of the Contractor
Contractor's Equipment and Facilities .......................................................... 90
Labor ........................................................................................................... 90
Liability Insurance ........................................................................................ 90
Workers' Compensation Insurance .............................................................. 90
Permits ........................................................................................................ 91
The Contractor's Representative .................................................................. 91
Cooperation and Collateral Work ................................................................. 91
Project Site Maintenance ............................................................................. 92
Protection and Restoration of Existing Improvements ................................... 94
Public Convenience and Safety ................................................................... 94
Patent Fees or Royalties .............................................................................. 99
Advertising ................................................................................................... 99
Laws to be Observed ................................................................................... 99
Antitrust Claims ............................................................................................ 99
Facilities for Agency Personnel
General ...................................................................................................... 100
Measurement and Payment
Measurement of Quantities for Unit Price Work .......................................... 100
Lump Sum Work ........................................................................................ 100
Payment .................................................................................................... 100
Bid Items .................................................................................................... 103
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Nov. 19, 2019 Item #4 Page 8 of 118
TECHNICAL SPECIFICATIONS
DIVISION 01 -GENERAL REQUIREMENTS
DIVISION 02 -SITE WORK
Demolition
Clearing, Grubbing, and Stripping
Dewatering
Earthwork
02050
02110
02140
02200
02223
02240
02270
02273
02542
02550
02595
02623
02810
02830
02900
Trenching, Excavation, Backfilling, and Compacting (completed by City Stds.)
Soil Stabilization
Erosion Control
Rip-Rap
Underdrains
Asphalt Concrete Pavement and Base
Small Polyvinyl Chloride Non-pressure Pipe Rubber Joints (ASTM D3034)
Microtunneled Pipe
Landscape Irrigation Systems
Chain Link Fence and Gate(s)
Landscaping
DIVISION 03 -CONCRETE
03100
03200
03290
03300
03315
03360
03370
03400
03740
Concrete Formwork
Reinforcement Steel
Joints in Concrete
Cast-in-Place Concrete (Renumber City Std.)
Grout
Pneumatically-placed Concrete
Concrete Curing
Precast Concrete
Concrete Repair
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Nov. 19, 2019 Item #4 Page 9 of 118
CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Until 11 a.m. on December 18, 2019, the City shall accept sealed bids, clearly marked as such,
at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Of-
ficer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which
time they will be opened and read, for performing the work as follows: Removal and replacement
of the poured in place rubber surfacing at the Aviara Park and Hidden Canyon Park.
AVIARA & HIDDEN CANYON COMMUNITY PARKS PLAYGROUND SAFETY
RESURFACING
CONTRACT NO. 4745
BID NO. PWS20-868PKS
INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS
This bid and the terms of the Contract Documents and General Provisions constitute an irrevoca-
ble offer that shall remain valid and in full force for a period of 90 days and such additional time
as may be mutually agreed upon by the City of Carlsbad and the Bidder.
No bid will be received unless it is made on a proposal form furnished by the Purchasing Depart-
ment. Each bid must be accompanied by security in a form and amount required by law. The
bidder's security of the second and third next lowest responsive bidders may be withheld until the
Contract has been fully executed. The security submitted by all other unsuccessful bidders shall
be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant
to the provisions of law (Public Contract Code section 10263), appropriate securities may be sub-
stituted for any obligation required by this notice or for any monies withheld by the City to ensure
performance under this Contract. Section 10263 of the Public Contract Code requires monies or
securities to be deposited with the City or a state or federally chartered bank in California as the
escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions
of the agent in connection with the handling of retentions under this section in an amount not less
than $100,000 per contract.
The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding
when a contractor or subcontractor has been debarred by the City of Carlsbad or another juris-
diction in the State of California as an irresponsible bidder.
The work shall be performed in strict conformity with the plans, provisions, and specifications as
approved by the City Council of the City of Carlsbad on file with the City Clerk's Office. The spec-
ifications for the work include City of Carlsbad Technical Specifications and the Standard Speci-
fications for Public Works Construction, Parts 2 & 3, current edition at time of bid opening and the
supplements thereto as published by the "Greenbook" Committee of Public Works Standards,
Inc., all hereinafter designated "SSPWC", as amended. Specification Reference is hereby made
to the plans and specifications for full particulars and description of the work. The General Provi-
sions (Part 1) to the SSPWC do not apply.
The City of Carlsbad encourages the participation of minority and women-owned businesses.
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contrac-
tors to utilize recycled and recyclable materials when available, appropriate and approved by the
Engineer.
{'\
• ., Revised 6/12/18 Contract No. 4745 Page 6 of 103
Nov. 19, 2019 Item #4 Page 10 of 118
BID DOCUMENTS
The bid documents comprise the following documents which must be completed and properly
executed including notarization, where indicated.
1. Contractor's Proposal
2. Major Equipment List (to be submitted at least 5 business days prior to bid opening)
3. Bidder's Bond
4. Noncollusion Declaration
5. Designation of Subcontractor and Amount of Subcontractor's Bid
6. Bidder's Statement of Technical Ability and Experience
7. Acknowledgement of Addendum(a)
8. Certificate of Insurance. The riders covering the City, its officials, employees and volun-
teers may be omitted at the time of bid submittal but shall be provided by the Bidder prior
to award of this contract.
9. Bidder's Statement Re Debarment
10. Bidder's Disclosure of Discipline Record
11. Escrow Agreement for Security Deposits -(optional, must be completed if the Bidder
wishes to use the Escrow Agreement for Security)
ENGINEER'S ESTIMATE:
All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are
approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is
$399,853.
TIME OF COMPLETION:
The contractor shall complete the Work within the time set in the contract as defined in the General
Provisions Section 6-7.
SPECIAL TY CONTRACTORS:
ACCEPTABLE LICENSE TYPES
Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a
contractor pursuant to the Business and Professions Code shall be considered nonresponsive
and shall be rejected by the City. In all contracts where federal funds are involved, no bid submit-
ted shall be invalidated by the failure of the bidder to be licensed in accordance with California
law. Where federal funds are involved the contractor shall be properly licensed at the time the
contract is awarded. In all other cases the contractor shall state their license number, expiration
date and classification in the proposal, under penalty of perjury. This invitation to bid does not
involve federal funds. The following classifications are acceptable for this contract: A -General
Engineering or C61/D12 -Synthetic Products.
ESCROW AGREEMENT
If the Contractor intends to utilize the escrow agreement included in the contract documents in
lieu of the usual 5% retention from each payment, these documents must be completed and sub-
mitted with the signed contract. The escrow agreement may not be substituted at a later date.
OBTAINING PLANS AND SPECIFICATIONS
Sets of plans, various supplemental provisions, and Contract documents may be obtained from
the City's website http://www.carlsbadca.gov/services/depts/finance/contracting/bids.asp. Paper
copies will not be sold.
('\
•,;' Revised 6/12/18 Contract No. 4745 Page 7 of 103
Nov. 19, 2019 Item #4 Page 11 of 118
INTENT OF PLANS AND SPECIFICATIONS
Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings,
specifications or other contract documents, or finds discrepancies in or omissions from the draw-
ings and specifications may submit to the Engineer a written request for clarification or correction.
Any response will be made only by a written addendum duly issued by the Engineer a copy of
which will be mailed or delivered to each person receiving a set of the contract documents. No
oral response will be made to such inquiry. Prior to the award of the contract, no addition to,
modification of or interpretation of any provision in the contract documents will be given
by any agent, employee or contractor of the City of Carlsbad except as hereinbefore spec-
ified. No bidder may rely on directions given by any agent, employee or contractor of the
City of Carlsbad except as herein before specified.
BIDDER'S INQUIRIES
Questions on the bid documents during the bid period shall be submitted in writing, via email,
solely to:
Graham Jordan, Contract Administrator
graham.jordan@carlsbadca.gov
Questions shall be definite and certain and shall reference applicable drawing sheets, notes, de-
tails or specification sheets.
The cutoff date to submit questions regarding this project is 5 p.m. on December 10, 2019. No
Questions will be entertained after this date.
The answers to questions submitted during the bidding period will be published in an addendum
and provided to those bidding the project by 5 p.m. on December 13, 2019.
REJECTION OF BIDS
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity
or informality in such bids.
PREVAILING WAGE TO BE PAID
The general prevailing rate of wages for each craft or type of worker needed to execute the Con-
tract shall be those as determined by the Director of Industrial Relations pursuant to the sections
1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a
current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor
to whom the Contract is awarded shall not pay less than the said specified prevailing rates of
wages to all workers employed by him or her in the execution of the Contract.
The Prime Contractor shall be responsible for insuring compliance with provisions of section
1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and
Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the
purposes of section 4107 and 4107.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply
to the Contract for work.
A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject
to the requirements of Section 4104 of the Public Contract Code or engage in the performance of
l' •+r Revised 6/12/18 Contract No. 4745 Page 8 of 103
Nov. 19, 2019 Item #4 Page 12 of 118
any contract for public work, unless currently registered and qualified to perform public work pur-
suant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the
Department of Industrial Relations.
The Prime Contractor and all subcontractors shall comply with Section 1776 of the Labor Code,
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.
PRE-BID MEETING
A pre-bid meeting and tour of the project site will be held at Aviara Community Park on Wednes-
day December 4, 2019 at 10:30am.
UNIT PRICES AND COMPUTATION OF BIDS
All bids are to be computed on the basis of the given estimated quantities of work, as indicated in
this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between
words and figures, the words shall prevail. In case of an error in the extension of a unit price, the
corrected extension shall be calculated and the bids will be computed as indicated above and
compared on the basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or
written in with ink and must be initialed in ink by a person authorized to sign for the Contractor.
ADDENDA
Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior
to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection
of bid.
BOND AND INSURANCE REQUIREMENTS
The Contractor shall provide bonds to secure faithful performance and warranty of the work in an
amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor
shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to
one hundred percent (100%) of the total amount payable by the terms of the contract. These
bonds shall be kept in full force and effect during the course of this project and shall extend in full
force and effect and be retained by the City until they are released as stated in the General Pro-
visions section of this contract. All bonds are to be placed with a surety insurance carrier admitted
and authorized to transact the business of insurance in California and whose assets exceed their
liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be
accompanied by the following documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or
other instrument entitling or authorizing the person who executed the bond to do so.
2) A certified copy of the certificate of authority of the insurer issued by the insurance commis-
sioner.
If the bid is accepted, the City may require copies of the insurer's most recent annual statement
and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commenc-
ing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar
days of the insurer's receipt of a request to submit the statements.
Insurance is to be placed with insurers that:
1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII.
2) Are admitted and authorized to transact the business of insurance in the State of California
by the Insurance Commissioner.
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Nov. 19, 2019 Item #4 Page 13 of 118
Auto policies offered to meet the specification of this contract must:
1) Meet the conditions stated above for all insurance companies.
2) 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.
Workers' compensation insurance required under this contract must be offered by a company
meeting the above standards with the exception that the Best's rating condition is waived. The
City does accept policies issued by the State Compensation Fund meeting the requirement for
workers' compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. Any additional
cost of said insurance shall be included in the bid price.
The award of the contract by the City Council is contingent upon the Contractor submitting the
required bonds and insurance, as described in the contract, within twenty days of bid opening. If
the Contractor fails to comply with these requirements, the City may award the contract to the
second or third lowest bidder and the bid security of the lowest bidder may be forfeited.
BUSINESS LICENSE
The prime contractor and all subcontractors are required to have and maintain a valid City of
Carlsbad Business License for the duration of the contract.
Approved by the City Council of the City of Carlsbad, California, by Resolution No. ___ _
adopted on the 19th day of November 2019.
November 20, 2019
Date Graham Jordan, Deputy Clerk
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Nov. 19, 2019 Item #4 Page 14 of 118
CITY OF CARLSBAD
AVIARA & HIDDEN CANYON COMMUNITY PARKS PLAYGROUND
SAFETY RESURFACING
CONTRACT NO. 4745
CONTRACTOR'S PROPOSAL
City Council
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
The undersigned declares he/she has carefully examined the location of the work, read the Notice
Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and
addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation,
and services required to do all the work to complete Contract No. 4745 in accordance with the
Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that
he/she will take in full payment therefore the following unit prices for each item complete, to wit:
SCHEDULE "A" Aviara Community Park
Item
No. Description
A-1 Demolition of Resilient Surfacing
(Unit Price in Words)
A-2 Installation of Resilient Surfacing with
Pattern 50/50 Blend No Black
(Unit Price in Words)
A-3 Temporary 6' Tall Chain Link Con-
struction Fencing w/Green Windscreen
(Price in Words)
Total amount of bid in words for Schedule "A":
Approxi-
mate
Quantity
And Unit
8750 SF
Unit Price
(Figures)
$ ___ _
8750 SF $ ----
LS
Total Amount
(Figures)
$ ___ _
$ ___ _
$ ___ _
-----------------
Total amount of bid in numbers for Schedule "A":$ ______________ _
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Nov. 19, 2019 Item #4 Page 15 of 118
SCHEDULE "B" Hidden Canyon Community Park
Item
No. Description
B-1 Demolition of Resilient Surfac-
ing Area 1
(Unit Price in Words)
B-2 Demolition of Resilient Surfac-
ing Area 2
(Unit Price in Words)
B-3 Installation of Resilient Surfac-
ing with Pattern 50/50 Blend
No Black Area 1
(Unit Price in Words)
B-4 Installation of Resilient Surfac-
ing with Pattern 50/50 Blend
No Black Area 2
(Unit Price in Words)
B-5 Temporary 6' Tall Chain Link
Construction Fencing w/Green
Windscreen
(Price in Words)
Approxi-
mate Unit Price
Quantity (Figures}
and Unit
6300 SF $
1875 SF $
6300 SF $
1875 SF $
LS
Total Amount
(Figures}
$
$
$
$
$ ____ _
Total amount of bid in words for Schedule "B": ________________ _
Total amount of bid in numbers for Schedule "B": $ ---------------
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Nov. 19, 2019 Item #4 Page 16 of 118
Item
No.
C-1
SCHEDULE "C" Bid Alternate
Description
Alternate Material for Bid Item Nos.
A-2, B-3 & B-4
(Unit Price in Words)
Approximate
Quantity
And Unit
16,925 SF
Unit Price
(Figures)
$ __ _
Total Amount
(Figures)
$ ____ _
Total amount of bid in words including Schedules "A" and "B": ___________ _
Total amount of bid in numbers including Schedules "A" and "B'': $ __________ _
The City shall determine the low bid based on the sum of Schedule "A" and Schedule "B". Sched-
ule "C" Item No. C-1 is an alternative to Schedule "A" Item No. A-2 and Schedule "B'' Items B-3 &
B-4.
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s). _________ has/have been received and is/are included in this
proposal.
The Undersigned has carefully checked all of the above figures and understands that the City will
not be responsible for any error or omission on the part of the Undersigned in preparing this bid.
The Undersigned agrees that in case of default in executing the required Contract with necessary
bonds and insurance policies within twenty (20) days from the date of award of Contract by the
City Council of the City of Carlsbad, the City may administratively authorize award of the contract
to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited.
The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do
business or act in the capacity of a contractor within the State of California, validly licensed under
license number ___________ , classification _______ which expires
on ___________ , and Department of Industrial Relations PWC registration num-
ber ___________ which expires on ___________ , and that this
statement is true and correct and has the legal effect of an affidavit.
A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the
Business and Professions Code shall be considered nonresponsive and shall be rejected by the
City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be
invalidated by the failure of the bidder to be licensed in accordance with California law. However,
at the time the contract is awarded, the contractor shall be properly licensed.
The Undersigned bidder hereby represents as follows:
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Nov. 19, 2019 Item #4 Page 17 of 118
1. That no Council member, officer agent, or employee of the City of Carlsbad is personally
interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that
no representation, oral or in writing, of the City Council, its officers, agents, or employees has
inducted him/her to enter into this Contract, excepting only those contained in this form of Contract
and the papers made a part hereof by its terms; and
2. That this bid is made without connection with any person, firm, or corporation making a bid for
the same work, and is in all respects fair and without collusion or fraud.
Accompanying this proposal is _____________ (Cash, Certified Check,
Bond or Cashier's Check) for ten percent (10%) of the amount bid.
The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires
every employer to be insured against liability for workers' compensation or to undertake self-in-
surance in accordance with the provisions of that code, and agrees to comply with such provisions
before commencing the performance of the work of this Contract and continue to comply until the
contract is complete.
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative
to the general prevailing rate of wages for each craft or type of worker needed to execute the
Contract and agrees to comply with its provisions.
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Nov. 19, 2019 Item #4 Page 18 of 118
IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname) of proprietor
(3) Place of Business
(Street and Number)
City and State ____________________________ _
(4) Zip Code ________ Telephone No. _____________ _
(5) E-Mail _____________________ _
IF A PARTNERSHIP, SIGN HERE:
(1) Name under which business is conducted _________________ _
(2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner)
(3) Place of Business __________________________ _
(Street and Number)
City and State ___________________________ _
(4) Zip Code ________ Telephone No. ______________ _
(5) E-Mail _____________________ _
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Nov. 19, 2019 Item #4 Page 19 of 118
IF A CORPORATION, SIGN HERE:
(1) Name under which business is conducted _________________ _
(2) ____________________________ _
(Signature)
(Title)
Impress Corporate Seal here
(3) Incorporated under the laws of the State of __________ _
(4) Place of Business
(Street and Number)
City and State __________________________ _
(5) Zip Code _________ Telephone No. _____________ _
(6) E-Mail _____________________ _
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
ATTACHED
List below names of president, vice president, secretary and assistant secretary, if a corporation;
if a partnership, list names of all general partners, and managing partners:
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Nov. 19, 2019 Item #4 Page 20 of 118
MAJOR EQUIPMENT LIST
(to be Submitted prior to Proposal)
AVIARA & HIDDEN CANYON COMMUNITY PARKS PLAYGROUND SAFETY
RESURFACING
CONTRACT NO. 4745
The Equipment List below identifies the major equipment required for the Aviara Park & Hidden
Canyon Park Playground Surfacing Replacement project. Bidders shall provide detailed infor-
mation for the equipment in the table below if the proposal differs, attach additional pages as
needed. If an "or equal" substitute product is submitted, the following additional information shall
be provided to the City:
The information provided below will be part of the bid evaluation process by the City of Carlsbad.
You must submit your list of proposed substitutions for "an equal" ("or equal") item(s) no less than
five (5) Working Days prior to Bid due date of December 18, 2019.
1. An explanation of the advantages to the City for accepting the substitution.
2. A comparison of significant qualities of the proposed substitution with those specified.
3. A list of changes or modifications needed to other parts of the work and to construction
performed by the City and separate Contractors that will be necessary to accommodate
the proposed substitution.
4. A statement indicating the substitution's effect on the Construction Schedule compared to
the Construction Schedule without acceptance of the substitution. Indicate the effect of
the proposed substitution on overall contract time.
5. Cost information, including a proposal of the net change, if any, in the Contract Sum.
6. Certification that the substitution is equal to or better in every respect to that required by
Contract Documents, and that it will perform adequately in application indicated. Include
Contractor's waiver of rights to additional payment or time extensions that may be neces-
sary because of the substitution's failure to perform adequately.
The substituted product will not be considered unless the submittal is accompanied by complete
information and descriptive data necessary to determine equality of offered material(s), article(s),
or equipment. Samples shall be provided when requested by the City. Burden of proof as to com-
parative quality, suitability, and performance of offered material(s), article(s), or equipment shall
be upon the Contractor. The City will be the sole judge as to such matters. In the event the City
rejects the use of such alternative(s) submitted, then one of the particular products originally spec-
ified in the Contract Documents shall be furnished.
If mechanical, electrical, structural, or other changes are required for installation, fit of alternative
materials, articles, or equipment, or because of deviations from Contract Drawings and Specifi-
cations, such changes shall not be made without consent of the City and shall be made without
additional cost to the City.
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EQUIPMENT LIST
(to be Submitted prior to Proposal)
Manufacturer Name, Equipment Meets
Required Equipment Address, Model Number Specifications, or
Phone Number "Or-Equal"
Item A-2
Resilient Surfacing with
Pattern 50/50 Blend No
Black
Item B-3
Resilient Surfacing with
Pattern 50/50 Blend No
Black Area 1
Item B-4
Resilient Surfacing with
Pattern 50/50 Blend No
Black Area 2
Item C-1
Alternate Material for
Bid Item Nos. A-2, B-3 &
B-4
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Nov. 19, 2019 Item #4 Page 22 of 118
BID SECURITY FORM
(Check to Accompany Bid)
AVIARA & HIDDEN CANYON COMMUNITY PARKS PLAYGROUND SAFETY
RESURFACING
CONTRACT NO. 4745
(NOTE: The following form shall be used if check accompanies bid.)
Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF
CARLSBAD, in the sum of _______________________ _
dollars ($ _______ ~, this amount being ten percent (10%) of the total amount of the
bid. The proceeds of this check shall become the property of the City provided this proposal shall
be accepted by the City through action of its legally constituted contracting authorities and the
undersigned shall fail to execute a contract and furnish the required Performance, Warranty and
Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check
shall be returned to the undersigned. The proceeds of this check shall also become the property
of the City if the undersigned shall withdraw his or her bid within the period of fifteen ( 15) days
after the date set for the opening thereof, unless otherwise required by law, and notwithstanding
the award of the contract to another bidder.
BIDDER
*Delete the inapplicable word.
(NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall
be executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.)
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Nov. 19, 2019 Item #4 Page 23 of 118
BIDDER'S BOND TO ACCOMPANY PROPOSAL
AVIARA & HIDDEN CANYON COMMUNITY PARKS PLAYGROUND SAFETY
RESURFACING
CONTRACT NO. 4745
KNOW ALL PERSONS BY THESE PRESENTS:
That we, ________________________ , as Principal, and
___________________ , as Surety are held and firmly bound unto
the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of
the bid amount) ___________ for which payment, well and truly made, we
bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and sev-
erally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the
above-bounden Principal for:
AVIARA & HIDDEN CANYON COMMUNITY PARKS PLAYGROUND SAFETY
RESURFACING
CONTRACT NO. 4745
in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into
and execute a Contract including required bonds and insurance policies within twenty (20) days
from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified
of said award, then this obligation shall become null and void; otherwise, it shall be and remain in
full force and effect, and the amount specified herein shall be forfeited to the said City.
In the event Principal executed this bond as an individual, it is agreed that the death of Principal
shall not exonerate the Surety from its obligations under this bond.
SIGNED AND SEALED, this _____ day of ____________ , 20 __
_____________ (SEAL) ____________ (SEAL)
(Principal) (Surety)
By:_____________ By: ____________ _
(Signature) (Signature)
(Print Name/Title) (Print Name/Title)
(SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT
CERTIFICATE)
APPROVED AS TO FORM:
CELIA A. BREWER
City Attorney
By:
Deputy City Attorney
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Nov. 19, 2019 Item #4 Page 24 of 118
GUIDE FOR COMPLETING
THE "DESIGNATION OF SUBCONTRACTORS" FORM
REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Bidders are
urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially,
"Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer'', "Own
Organization", "Subcontractor", and "Work". Bidders are further urged to review sections 2-3
SUBCONTRACTS of the General Provisions.
CAUTIONS This form will be used by the Agency to determine the percentage of work that the
Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct
information may result in rejection of the bid as non-responsive. Any bid that proposes perfor-
mance of more than 50 percent of the work by subcontractors or otherwise to be performed by
forces other than the Bidder's own organization will be rejected as non-responsive. Specialty
items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not
included in computing the percentage of work proposed to be performed by the Bidder.
INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every
subcontractor whom the Bidder proposes to perform work or labor or render service in or about
the work or improvement, and every subcontractor licensed as a contractor by the State of Cali-
fornia whom the Bidder proposes to specially fabricate and install any portion of the work or im-
provement according to detailed drawings contained in the plans and specifications in excess of
one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the
construction of streets and highways, including bridges, in excess of one-half of one percent
(0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of
business of subcontractor(s) shall be set forth and included as an integral part of the bid offer.
The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid.
Failure to provide complete and correct information may result in rejection of the bid as non-
responsive.
Suppliers of materials from sources outside the limits of work are not subcontractors. The value
of materials and transport of materials from sources outside the limits of work, as shown on the
plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the
Bidder proposes as installer of said materials. The value of material incorporated in any Subcon-
tractor-installed bid item that is supplied by the Bidder shall be included as a part of the work that
the Bidder proposes to be performed by the Subcontractor installing said item.
When a Subcontractor has a Carlsbad business license, the number must be entered on the
proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the
appropriate space.
When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of
a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form.
The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder
proposes to perform no less than fifty percent (50%) of the work with its own forces.
Determination of the subcontract amounts for purposes of award of the contract shall be deter-
mined by the City Council in conformance with the provisions of the contract documents and the
various supplemental provisions. The decision of the City Council shall be final.
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Nov. 19, 2019 Item #4 Page 25 of 118
Contractor is prohibited from performing any work on this project with a subcontractor who is
ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or
1777.7.
Bidders shall make any additional copies of the disclosure forms as may be necessary to provide
the required information. The page number and total number of additional form pages shall be
entered in the location provided on each type of form so duplicated.
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Nov. 19, 2019 Item #4 Page 26 of 118
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
(To Accompany Proposal)
AVIARA & HIDDEN CANYON COMMUNITY PARKS PLAYGROUND SAFETY
RESURFACING
CONTRACT NO. 4745
The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing
this bid for the Work and that the listed subcontractors will be used to perform the portions of the
Work as designated in this list in accordance with applicable provisions of the specifications and
section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices
Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any
portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the
case of bids or offers for construction of streets and highways, including bridges, in excess of
one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that
no changes in the subcontractors listed work will be made except upon the prior approval of the
Agency.
SUBCONTRACTOR'S BID ITEMS
Subcontractor Name Phone No. DIR Subcontractor's Amount of
Portion of and and Email Registration License No. and Work by
Work Subcontractor Location of Business Address No. Classification in Dollars*
Page __ of __ pages of this Subcontractor Designation form
* Pursuant to section 4104 (a)(3)(A) California Public Contract Code, receipt of the infonnation preceded by an asterisk may be
submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids."
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Nov. 19, 2019 Item #4 Page 27 of 118
BIDDER'S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
AVIARA & HIDDEN CANYON COMMUNITY PARKS PLAYGROUND SAFETY
RESURFACING
CONTRACT NO. 4745
The Bidder is required to state what work of a similar character to that included in the proposed
Contract he/she has successfully performed and give references, with telephone numbers, which
will enable the City to judge his/her responsibility, experience and skill. An attachment can be
used.
Date Name and Address Name and Phone Amount
Contract of the Employer No. of Person to Type of Work of
Completed Contract Contract
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Nov. 19, 2019 Item #4 Page 28 of 118
BIDDER'S CERTIFICATE OF INSURANCE FOR
GENERAL LIABILITY, EMPLOYERS' LIABILITY,
AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION
(To Accompany Proposal)
AVIARA & HIDDEN CANYON COMMUNITY PARKS PLAYGROUND SAFETY
RESURFACING
CONTRACT NO. 4745
As a required part of the Bidder's proposal the Bidder must attach either of the following to this
page.
1) Certificates of insurance showing conformance with the requirements herein for each of:
D Comprehensive General Liability
D Automobile Liability
□ Workers Compensation
□ Employer's Liability
2) Statement with an insurance carrier's notarized signature stating that the carrier can, and
upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of
insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation
and Employer's Liability in conformance with the requirements herein and Certificates of in-
surance to the Agency showing conformance with the requirements herein.
All certificates of insurance and statements of willingness to issue insurance for auto policies
offered to meet the specification of this contract must:
1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this
project for each insurance company that the Contractor proposes.
2) Cover 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.
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Nov. 19, 2019 Item #4 Page 29 of 118
BIDDER'S STATEMENT RE DEBARMENT
(To Accompany Proposal)
AVIARA & HIDDEN CANYON COMMUNITY PARKS PLAYGROUND SAFETY
RESURFACING
CONTRACT NO. 4745
1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by
another jurisdiction in the State of California?
yes no
2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of
debarment(s)? Attach additional copies of this page to accommodate more than two debar-
ments.
party debarred party debarred
agency agency
period of debarment period of debarment
BY CONTRACTOR:
(name of Contractor)
By:-------------(sign here)
(print name/title)
Page __ of __ pages of this Re Debarment form
{' •+;' Revised 6/12/18 Contract No. 4745 Page 26 of 103
Nov. 19, 2019 Item #4 Page 30 of 118
BIDDER'S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
AVIARA & HIDDEN CANYON COMMUNITY PARKS PLAYGROUND SAFETY
RESURFACING
CONTRACT NO. 4745
Contractors are required by law to be licensed and regulated by the Contractors' State License
Board which has jurisdiction to investigate complaints against contractors if a complaint regarding
a patent act or omission is filed within four years of the date of the alleged violation. A complaint
regarding a latent act or omission pertaining to structural defects must be filed within 1 O years of
the date of the alleged violation. Any questions concerning a contractor may be referred to the
Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826.
1) Have you ever had your contractor's license suspended or revoked by the California Contrac-
tors' State license Board two or more times within an eight year period?
yes no
2) Has the suspension or revocation of your contractor's license ever been stayed?
yes no
3) Have any subcontractors that you propose to perform any portion of the Work ever had their
contractor's license suspended or revoked by the California Contractors' State license Board
two or more times within an eight year period?
yes no
4) Has the suspension or revocation of the license of any subcontractor's that you propose to
perform any portion of the Work ever been stayed?
yes no
5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party
disciplined, the date of and violation that the disciplinary action pertain to, describe the nature
of the violation and the disciplinary action taken therefore.
(If needed attach additional sheets to provide full disclosure.)
Page __ of __ pages of this Disclosure of Discipline form
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Nov. 19, 2019 Item #4 Page 31 of 118
BIDDER'S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED)
(To Accompany Proposal)
AVIARA & HIDDEN CANYON COMMUNITY PARKS PLAYGROUND SAFETY
RESURFACING
CONTRACT NO. 4745
6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party
who's discipline was stayed, the date of the violation that the disciplinary action pertains to,
describe the nature of the violation and the condition (if any) upon which the disciplinary action
was stayed.
(If needed attach additional sheets to provide full disclosure.)
BY CONTRACTOR:
(name of Contractor)
By:--------------(sign here)
(print name/title)
Page __ of __ pages of this Disclosure of Discipline form
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Nov. 19, 2019 Item #4 Page 32 of 118
NONCOLLUSION DECLARATION TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
AVIARA & HIDDEN CANYON COMMUNITY PARKS PLAYGROUND SAFETY
RESURFACING
CONTRACT NO. 4745
The undersigned declares:
I am the _____ of ______ , the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, com-
pany, association, organization, or corporation. The bid is genuine and not collusive or sham. The
bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham
bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any
bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any
manner, directly or indirectly, sought by agreement, communication, or conference with anyone
to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element
of the bid price, or of that of any other bidder. All statements contained in the bid are true. The
bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or
the contents thereof, or divulged information or data relative thereto, to any corporation, partner-
ship, company, association, organization, bid depository, or to any member or agent thereof, to
effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for
such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint
venture, limited liability company, limited liability partnership, or any other entity, hereby repre-
sents that he or she has full power to execute, and does execute, this declaration on behalf of the
bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that this declaration is executed on ------------20 __ at ____ [city], ___ [state].
Signature of Bidder
{'\ •+;' Revised 6/12/18 Contract No. 4745 Page 29 of 103
Nov. 19, 2019 Item #4 Page 33 of 118
CONTRACT
PUBLIC WORKS
This agreement is made this ______ day of _______________ ,
2019, by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called
"City"), and ______________________ whose principal place of
business is -------------------------------(hereinafter called "Contractor").
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contract docu-
ments for:
AVIARA & HIDDEN CANYON COMMUNITY PARKS PLAYGROUND SAFETY
RESURFACING
CONTRACT NO. 4745
(hereinafter called "project")
2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools,
equipment, and personnel to perform the work specified by the Contract Documents.
3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting
Bids, Contractor's Proposal, Bidder's Bond, Noncollusion Declaration, Designation of Subcontrac-
tors, Technical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement,
Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans
and Specifications and General Provisions, and all proper amendments and changes made
thereto in accordance with this Contract or the Plans and Specifications, and all bonds 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 Contrac-
tor'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 compli-
ance.
4. Payment. For all compensation for Contractor's performance of work under this Contract,
City shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions
section of this contract. The Engineer will close the estimate of work completed for progress pay-
ments on the last working day of each month. The City shall withhold retention as required by
Public Contract Code Section 9203.
5. Independent Investigation. Contractor has made an independent investigation of the
jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of
{'\ •+; Revised 6/12/18 Contract No. 4745 Page 30 of 103
Nov. 19, 2019 Item #4 Page 34 of 118
the work, and is aware of those conditions. The Contract price includes payment for all work that
may be done by Contractor, whether anticipated or not, in order to overcome underground condi-
tions. Any information that may have been furnished to Contractor by City about underground
conditions or other job conditions is for Contractor's convenience only, and City does not warrant
that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including
underground conditions and has not relied on information furnished by City.
6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging
trenches or other excavations that extend deeper than four feet below the surface Contractor shall
promptly, and before the following conditions are disturbed, notify City, in writing, of any:
A. Hazardous Waste. Material that Contractor believes may be material that is hazardous
waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed
to a Class I, Class II, or Class Ill 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 inher-
ent 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.
7. Immigration Reform and Control Act. Contractor certifies it is aware of the require-
ments 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 eligi-
bility for employment of all agents, employees, subcontractors, and consultants that are included
in this Contract.
8. 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 Cali-
fornia Labor Code, section 1776, which generally requires keeping accurate payroll records, ver-
ifying and certifying payroll records, and making them available for inspection. Contractor shall
require all subcontractors to comply with Section 1776.
{'l •ff Revised 6/12/18 Contract No. 4745 Page 31 of 103
Nov. 19, 2019 Item #4 Page 35 of 118
9. 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.
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. De-
fense 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.
10. 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 (CGL) Insurance: Insurance written on an "occurrence" ba-
sis, including products-completed operations, personal & advertising injury, with limits no less
than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate
limit shall apply separately to this project/location or the general aggregate limit shall be twice the
required occurrence limit.
b. 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
{'\ •+; Revised 6/12/18 Contract No. 4745 Page 32 of 103
Nov. 19, 2019 Item #4 Page 36 of 118
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 com-
pany 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 pro-
vided to the City, its officials, employees or volunteers.
d. Coverage shall state that the contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
(C) Notice of Cancellation. Each insurance policy required by this agreement shall be endorsed
to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in cov-
erage 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 sub-
contractors 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 endorse-
ments 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.
l' •ff Revised 6/12/18 Contract No. 4745 Page 33 of 103
Nov. 19, 2019 Item #4 Page 37 of 118
11. 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 in-
cluded 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 ref-
erence. 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 pro-
visions 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.
(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 antici-
pation 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 igno-
rance 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. ____ init ____ init
12. 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 prin-
cipal 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.
l' •ff Revised 6/12/18 Contract No. 4745 Page 34 of 103
Nov. 19, 2019 Item #4 Page 38 of 118
13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section
1720 of the Labor Code are incorporated herein by reference.
14. Security. Securities in the form of cash, cashier's check, or certified check may be substi-
tuted 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.
15. 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 sub-
contractor 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 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 pursu-
ant 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.
16. 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.
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
{'\ •+; Revised 6/12/18 Contract No. 4745 Page 35 of 103
Nov. 19, 2019 Item #4 Page 39 of 118
17. 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
(CORPORATE SEAL)
CONTRACTOR:
(name of Contractor)
By:------------(sign here)
(print name and title)
By: ____ ---,-....,........-,--,-------
(sign here)
(print name and title)
CITY OF CARLSBAD a municipal corporation
of the State of California
By:
MA TT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk
President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under the corporate seal empowering that officer to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER
City Attorney
By:
Deputy City Attorney
('\ •,r Revised 6/12/18 Contract No. 4745 Page 36 of 103
Nov. 19, 2019 Item #4 Page 40 of 118
LABOR AND MATERIALS BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to
______________________________ , (hereinafter
designated as the "Principal"), a Contract for:
AVIARA & HIDDEN CANYON COMMUNITY PARKS PLAYGROUND SAFETY
RESURFACING
CONTRACT NO. 4745
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, _____________________ , as
Principal, (hereinafter designated as the "Contractor"), and ____________ _
______________ as Surety, are held firmly bound unto the City of Carlsbad
in the sum of _____________________________ _
________________________ Dollars($ ______ _,
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 subcontrac-
tors 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 Develop-
ment 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 attor-
ney'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,
l' •+' Revised 6/12/18 Contract No. 4745 Page 37 of 103
Nov. 19, 2019 Item #4 Page 41 of 118
extension of time, alterations or addition to the terms of the contract or to the work or to the
specifications.
In the event that Contractor is an individual, it is agreed that the death of any such Contractor
shall not exonerate the Surety from its obligations under this bond.
SIGNED AND SEALED, this day of ,20 __
(SEAL) (SEAL)
(Principal) (Surety)
By: By:
(Signature) (Signature)
(Name & Title) (Name & Title)
(SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE)
APPROVED AS TO FORM:
CELIA A. BREWER
City Attorney
By:
Deputy City Attorney
('\ •ff Revised 6/12/18 Contract No. 4745 Page 38 of 103
Nov. 19, 2019 Item #4 Page 42 of 118
FAITHFUL PERFORMANCE/WARRANTY BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to
______________________________ , (hereinafter
designated as the "Principal"), a Contract for:
AVIARA & HIDDEN CANYON COMMUNITY PARKS PLAYGROUND SAFETY
RESURFACING
CONTRACT NO. 4745
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, _____________________ , as
Principal, (hereinafter designated as the "Contractor"), and _____________ _
________________ as Surety, are held firmly bound unto the City of Carls-
bad in the sum of ----------------------------_______________________ Dollars($ ______ ~,
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. 4745 Page 39 of 103
Nov. 19, 2019 Item #4 Page 43 of 118
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 day of ,20 __
(SEAL) (SEAL)
(Principal) (Surety)
By: By:
(Signature) (Signature)
(Name & Title) (Name & Title)
(SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE)
APPROVED AS TO FORM:
CELIA A. BREWER
City Attorney
By:
Deputy City Attorney
l' •fi Revised 6/12/18 Contract No. 4745 Page 40 of 103
Nov. 19, 2019 Item #4 Page 44 of 118
OPTIONAL ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the City of Carlsbad whose
address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and
_____________________________ whose address
is ______________________________ hereinafter
called "Contractor" and whose -----------------------address is ______________________________ _
hereinafter called "Escrow Agent."
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as fol-
lows:
1. Pursuant to section 22300 of the Public Contract Code of the State of California, the Con-
tractor has the option to deposit securities with the Escrow Agent as a substitute for retention
earnings required to be withheld by the City pursuant to the Construction Contract entered into
between the City and Contractor for
AVIARA & HIDDEN CANYON COMMUNITY PARKS PLAYGROUND SAFETY
RESURFACING
CONTRACT NO. 4745
in the amount of ____________ dated ______ (hereinafter referred
to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make pay-
ments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the
securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10
days of the deposit. The market value of the securities at the time of the substitution shall be a
least equal to the cash amount then required to be withheld as retention under the terms of the
contract between the City and Contractor. Securities shall be held in the name of the City and
shall designate the Contractor as the beneficial owner.
2. The City shall make progress payments to the Contractor for such funds which otherwise
would be withheld from progress payments pursuant to the Contract provisions, provided that the
Escrow Agent holds securities in the form and amount specified above.
3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow
Agent shall hold them for the benefit of the Contractor until such time as the escrow created under
this contract is terminated. The Contractor may direct the investment of the payments into secu-
rities. All terms and conditions of this agreement and the rights and responsibilities of the parties
shall be equally applicable and binding when the City pays the Escrow Agent directly.
4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Es-
crow Agent in administering the Escrow Account and all expenses of the City. These expenses
and payment terms shall be determined by the City, Contractor and Escrow Agent.
5. The interest earned on the securities or the money market accounts held in escrow and all
interest earned on that interest shall be for the sole account of Contractor and shall be subject to
withdrawal by Contractor at any time and from time to time without notice to the City.
{'\
•~ Revised 6/12/18 Contract No. 4745 Page 41 of 103
Nov. 19, 2019 Item #4 Page 45 of 118
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account
only by written notice to Escrow Agent accompanied by written authorization from City to the
Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Con-
tractor.
7. The City shall have a right to draw upon the securities in the event of default by the Contractor.
Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow
Agent shall immediately convert the securities to cash and shall distribute the cash as instructed
by the City.
8. Upon receipt of written notification from the City certifying that the Contract is final and com-
plete and that the Contractor has complied with all requirements and procedures applicable to the
Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less
escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon
disbursement of all moneys and securities on deposit and payments of fees and charges.
9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pur-
suant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold
Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the secu-
rities and interest as set forth above.
10. The names of the persons who are authorized to give written notices or to receive written
notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and
exemplars of their respective signatures are as follows:
For City: Title FINANCE DIRECTOR
Name ________________ _
Signature _______________ _
Address 1635 Faraday Avenue, Carlsbad, CA 92008
For Contractor: Title ------------------
Name ________________ _
Signature _______________ _
Address ----------------
For Escrow Agent: Title ________________ _
Name ________________ _
Signature _______________ _
Address ______________ _
At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow
Agent a fully executed counterpart of this Agreement.
{'\ •+;' Revised 6/12/18 Contract No. 4745 Page 42 of 103
Nov. 19, 2019 Item #4 Page 46 of 118
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on
the date first set forth above.
For City:
For Contractor:
For Escrow Agent:
('\ •f' Revised 6/12/18
Title __ --=.;.M.:.:...A..:...:Y--=O:;..:.R....;..._ _________ _
Name _______________ _
Signature ______________ _
Address 1200 Carlsbad Village Drive, Carlsbad, CA
92008
Title _______________ _
Name _______________ _
Signature ______________ _
Address ______________ _
Title ________________ _
Name _______________ _
Signature ______________ _
Address ______________ _
Contract No. 4745 Page 43 of 103
Nov. 19, 2019 Item #4 Page 47 of 118
GENERAL PROVISIONS
FOR
AVIARA & HIDDEN CANYON COMMUNITY PARKS
PLAYGROUND SAFETY RESURFACING
CONTRACT NO. 4745
CITY OF CARLSBAD
BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1,
GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR
PUBLIC WORKS CONSTRUCTION
SECTION 1 --TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS
1-1 TERMS -Unless otherwise stated, the words directed, required, permitted, ordered, in-
structed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or
words of like meaning, refer to actions, expressions, and prerogatives of the Engineer.
1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "sched-
uled", or words of similar import are used, it shall be understood that reference is made to the
plans accompanying these provisions, unless stated otherwise.
1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import
are used, it shall be understood that the direction, designation or selection of the Engineer is
intended, unless stated otherwise. The word "required" and words of similar import shall be un-
derstood 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 ap-
proval, 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 ex-
pense, shall perform all operations, labor, tools and equipment, and further, including the furnish-
ing 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.
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Nov. 19, 2019 Item #4 Page 48 of 118
Addendum -Written or graphic instrument issued prior to the opening of Bids which clarifies,
corrects, or changes the bidding or Contract Documents. The term Addendum shall include bul-
letins and 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 documen-
tation 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, Stand-
ard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after
the execution of the Contract.
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Nov. 19, 2019 Item #4 Page 49 of 118
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 contrac-
tor" 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, lumi-
naire, 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 1 O 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.
Notice to Proceed -A written notice given by the Agency to the Contractor fixing the date on
which the Contract time will start.
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Nov. 19, 2019 Item #4 Page 50 of 118
Own Organization -When used in Section 2-3.1 -Employees of the Contractor who are hired,
directed, supervised and paid by the Contractor to accomplish the completion of the Work. Fur-
ther, such employees have their employment taxes, State disability insurance payments, State
and Federal income taxes paid and administered, as applicable, by the Contractor. When used in
Section 2-3.1 "own organization" means construction equipment that the Contractor owns or
leases and uses to accomplish the Work. Equipment that is owner operated or leased 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 admin-
istration 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, Refer-
ence Specifications, Supplemental Provisions, and specifications in Supplemental Agreements
between the Contractor and the Board.
Standard -The shaft or pole used to support street lighting luminaire, traffic signal heads, mast
arms, etc.
Standard Plans -Details of standard structures, devices, or instructions referred to on the Plans
or in Specifications by title or number.
Standard Specifications -The Standard Specifications for Public Works Construction
(SSPWC), the "Greenbook".
State -State of California.
Storm Drain -Any conduit and appurtenances intended for the reception and transfer of storm
water.
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Nov. 19, 2019 Item #4 Page 51 of 118
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, sub-
base, 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 ease-
ment.
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.
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.
{'\
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Nov. 19, 2019 Item #4 Page 52 of 118
1-3.2 Common Usage
Abbreviation
ABAN . . . . ....................................... Abandon
ASANO.. . ................................. Abandoned
ABS .......... Acrylonitrile -butadiene -styrene
AC . . . . . . . . .... Asphalt Concrete
ACP... . ......................... Asbestos cement pipe
ACWS .................... Asphalt concrete wearing surface
AU .... A~rn~
APTS.. . ................ Apartment and Apartments
AMER STD . . . . . ...... American Standard
AWG ..... American Wire Gage (nonferrous wire)
BC............... . .. Beginning of cu Ne
BCR ....................................... Beginning of curb return
BORY ........................... Boundary
BF ... .. . ................ Bottom of footing
BLDG. . ...... Building and Buildings
BM... . ....... Bench mark
BVC ................ Beginning of vertical cu Ne
BM/ . . . . . . . . . . . . . . . ............... Back of wall
CIC . . . . . . . . . . . . . . . . . . . . . . . . . ......... Center to center
CAB. . ....... Crushed aggregate base
CAUOSHA ........... 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 TV
CES.. . .... Carlsbad Engineering Standards
CF . . . . . . . . . . . . . . . . ........ Curb face
CF .. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . ..... Cubic foot
C&G ................... Curb and gutter
CFR ..... Code of Federal Regulations
CFS.... . ... Cubic Feet per Second
CIP ...................................................... Cast iron pipe
CIPP .............................................. Cast-in place pipe
CL . . . .. . . . . . . . . . . . . . . . . . . . . . .... Clearance, center line
CLF .................................................. Chain link fence
CMB .............................. Crushed miscellaneous base
CMC ........................................ Cement mortar-coated
CML . .. . . . . . . . ..................... Cement mortar-lined
CMWD .. Carlsbad Municipal Water District
CO . . . . . . . . . . . . . . ... . . . . . .. Cleanout (Sewer)
COL...... . ................. Column
COMM... . ............ Commercial
CONC . . . . . . . . . . . . . . . . . . . . . . . . . . . ............. Concrete
CONN.................. . ............................ Connection
CONST . . ....... Construct, Construction
COO RD................. . ...................... 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
Word or Words
DBL.................................. . .................. Double
OF . . . .... Douglas fir
DIA ........................................................... Diameter
DIP .. Ductile iron pipe
DL ........... Dead load
DR ............... Dimension Ratio
OT. . .................... . .................... Drain Tile
DWG . . . . . . ....... Drawing
DWY.. . ........ Driveway
DWY APPR... . . Driveway approach
E.... . .......... Electric
EA........................... . ...................... Each
EC.......... . . . . . . . .. . . . . . . . . . . . . . . . . . . . . ............ End of cu Ne
ECR . . . . . . . . . . . . . . . ... End of curb return
EF .... Each face
EG.. . ..... Edge of gutter
EGL... . ......................... Energy grade line
El... . . . . . . . ... . . . . . . . . .................. Elevation
ELC . . . . . . . . . . . . . . . . Electro lier lighting conduit
EL T . . . . . . . . . . . . . . . . . . . . . . . . ....... 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
~~............... ············~~~
F ... .... ....... ..... ..... . ................ Fahrenheit
F&C ........ . .............. Frame and cover
F&I ... . ................ . . ........... Furnish and install
FAB ...... . .............. Fabricate
FAS ..................... . ................. Flashing arrow sign
FD . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........ Floor drain
FON.... . ................................ 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
GAL V . . . . . . . . . . . . . . . . . . . . . ........ 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
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H . . ...................................... High or height
HB.. . ............ Hose bib
HC.. . . . . . . . . ... . . . . . . . ....... House connection
HOWL..... . ....................... 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
LO ................. Local depression
LF ....................................... Linear foot
LH . . ......... Lamp hole
LL ..... Live load
LOL ... Layout line
LONG.. . ... Longitudinal
LP. . ........... Lamppost
LPS . . . . . ............. Low pressure sodium (Light)
LS.. . .................. Lump sum
L TS . . . . . . . . . . . . . . . . . . . . ................... 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...................... . ..................... MuWp~
MUTCD .Manual on Uniform Traffic Control Devices
MVL... . ......................... Mercury vapor light
NCTD ............................. North County Transit District
NRCP ... ...... . ..... Nonreinforced concrete pipe
OBS. .. . ... . ............................. Obsolete
OC .............. On center
OD ............. Outside diameter
OE ......... Outer edge
OHE ........................................... Overhead Electric
OMWD ................ Olivenhain Municipal Water District
OPP ........... Opposite
ORIG...... . ........................... Original
PB . Pull box
PC......... . ............ Point of curvature
PCC ..................... Portland cement concrete or point
of compound curvature
PCVC ...... Point of compound vertical curve
PE ...... Polyethylene
Pl... . ......... 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
RM/.... . . . . . . . . . . . . . . . ...... 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
SOR ....... 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
ST HWY ..
STA
STD ..................... .
STR
STRGR
STRUC ..... .
SW ............. .
SWD .. .
SY ..
T
TAN
TC.
TEL.
Public Works Construction
.... State highway
··········station
........................ Standard
................... Straight
..................... Straight grade
.. Structural/Structure
..... Sidewalk
.Sidewalk drain
........ Square yard
....... Telephone
...... Tangent
............... Top of curb
........ Telephone
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TF ...... Top of footing VC....... . . . . . . . . . . . . . . . . . . . . . ......... Vertical curve
TOPO.. . . . .......... Topography VCP... . ... Vitrified clay pipe
TR......................... . ....... Tract VERT . . . .................... Vertical
TRANS................ ................. . .......... Transition VOL ............................................................. Volume
TS . . . . . . . . . . . . . . . . . . . . Traffic signal or transition structure VWD ................................... Vallecitos Water District
TSC . . . . . . . . . . . . . . . ... Traffic signal conduit W. ...................... Water, Wider or Width, as applicable
TSS .. .. Traffic signal standard WATCH ............ Work Area Traffic Control Handbook
TW .... . ................. Top of wall WI........... . .................... Wrought iron
TYP ......................... Typical WM ................ Water meter
UE ... . .... ........... . ........ Underground Electric WPJ .................. Weakened plane joint
USA ...... Underground Service Alert XCONN . .............. . .............. Cross connection
VAR... ..... ........... .... . ................... Varies, Variable XSEC . . . . . . .......... Cross section
VB . . . ........... Valve box
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. Stand-
ard 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.
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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 (µm)
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 (m 2)
1 square yard (yd2) ................................................................................ 0.8361 square meter (m 2)
1 cubic foot (ft3) ..................................................................................... 0.0283 cubic meter (m 3)
1 cubic yard (yd3) .................................................................................. 0.7646 cubic meter (m 3)
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
Commonl Used in Both S stems
Common Metric Prefixes kilo (k) .................................................................................................... 103
~~mt(~?:::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :: : :: : ::::::: :: : : : : : : ::::::::::: ::: :: : : ~ g:~
m~m(~ ................................................................................................ 10~
~~~o(~ ). : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : ~ g:~ 2
1-5 SYMBOLS
~
L
%
'
I
0
PL
CL
SL
Delta, the central angle or angle between tangents
Angle
Percent
Feet or minutes
Inches or seconds
Number
per or (between words)
Degree
Property line
Centerline
Survey line or station line
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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 as-
signed 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), which-
ever 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 Con-
tractor a penalty in an amount of not more than 1 0 percent of the subcontract involved, after a
public hearing.
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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 proceed-
ings 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 deter-
mination 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 subcon-
tracted.
2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Con-
tractor, 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 Con-
tract 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 Proce-
dure 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.
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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 commis-
sioner.
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 Specifica-
tions, 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 desig-
nated "SSPWC", as amended.
The construction plans consist of one set. The first set is designated as City of Carlsbad Drawing
No. DWG 520-7 and consists of (6 Six) sheets.
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 Speci-
fications and not shown on the Plans or shown on the Plans and not specified in the Specifica-
tions, shall be as though shown on or specified in both.
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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, im-
mediately 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.
2) Change orders, whichever occurs last.
3) Technical Specifications
4) Contract addenda, whichever occurs last.
5) Contract
6) Carlsbad General Provisions, Technical Specifications, and Supplemental Provisions.
7) Plans.
8) 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.
g) State of California Department of Transportation Standard Specifications.
h) California Manual on Uniform Traffic Control Devices (CA MUTCD).
9) Standard Specifications for Public Works Construction, as amended.
10) Reference Specifications.
11) 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.
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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 other-
wise specified in the Special Provisions. Each submittal shall be accompanied by a letter of trans-
mittal.
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 submit-
tals 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
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:
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TABLE 2-5.3.2 (A)
It em S f N b ec 10n um er T'tl 1e Sb' t u 11ec
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 as-
sembled 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 Specifi-
cations 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 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 sys-
tem. 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 bul-
letins, specifications, diagrams, product samples, and other information necessary to de-
scribe 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, manufac-
tured item, or system.
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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 ma-
terials, 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 pro-
vided 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.
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 Con-
tractor 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 Sur-
veyor 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, herein-
after Surveyor to perform all work necessary for establishing control, construction staking, records
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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 require-
ments 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 (8½" by 11 ") paper. The field notes, calculations and support-
ing 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 docu-
mentation for any computer program. The field notes shall be prepared in conformance with the
CAL TRANS "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 monu-
ments, 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 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.
2-9.2.3 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 compen-
sation for attendant survey work and no additional payment will be made. Payment for the re-
placement of disturbed monuments and the filing of records of survey and/or corner records, in-
cluding filing fees, shall be incidental to the work necessitating the disturbance of said monuments
and no additional payment will be made.
2-9.3 Private Engineers. Surveying by private engineers on the Work shall conform to the qual-
ity 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
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absence of such report, the Contractor shall be responsible for any error in the grade of the fin-
ished 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 mat-
ters 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 instruc-
tions from the Engineer or an authorized representative.
The decision of the Engineer is final and binding on all questions relating to: quantities; accepta-
bility 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 Engi-
neer, 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 Con-
tractor's staff and the staff of all subcontractors to this contract. At any time during normal busi-
ness 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 relat-
ing 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. Con-
tractor 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 Con-
tractor 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 rep-
resentatives 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 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.
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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 inter-
ests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as grant-
ing 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 Con-
tractor 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 in-
volved, 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 con-
formance 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 cov-
ered 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 per-
cent 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.
("\
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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 Specifica-
tions, 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 Con-
tract 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 spec-
ified 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 notifi-
cation 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 com-
pensation 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 equip-
ment 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 Sec-
tion 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" pub-
lished by CAL TRANS, 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 inci-
dentals. 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 Con-
tractor 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 rec-
ommended by the manufacturer.
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The reported rental time for equipment already at the Work site shall be the duration of its use on
the extra work. This time begins when equipment is first put into actual operation on the extra
work, plus the time required to move it from its previous site and back, or to a closer site.
(d) Other Items. The Agency may authorize other items which may be required on the extra
work, including labor, services, material, and equipment. These items must be different in their
nature from those required for the Work, and be of a type not ordinarily available from the Con-
tractor 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 Sub-
contractor, 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 subcon-
tracted 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 doc-
uments 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.
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3. Show type of equipment, size, identification number, and hours of operation, including
loading and transportation, if applicable.
4. Describe other services and expenditures in such detail as the Agency may require.
3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the fol-
lowing Work site conditions (hereinafter called changed conditions), in writing, upon their discov-
ery 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 per-
formed; 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 Ill 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 perfor-
mance 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 hap-
pening 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 par-
ticular circumstances giving rise to the potential claim, the reasons for which the Contractor be-
lieves 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.
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The potential claim shall include the following certification relative to the California False Claims
Act, Government Code Sections 12650-12655.
"The undersigned certifies that the above statements are made in full cognizance of the California
False Claims Act, Government Code Sections 12650-12655. The undersigned further under-
stands and agrees that this potential claim, unless resolved, must be restated as a claim in re-
sponse 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 sub-
sequently 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 re-
quest 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.
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The authority within the dispute resolution chain of command is limited to recommending a reso-
lution to a claim to the City Manager. Actual approval of the claim is subject to the change order
provisions in the contract.
All claims by the -Contractor 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 Sec-
tion 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.
(8) 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 (8), a state
agency, department, office, division, bureau, board, or commission, the California State Univer-
sity, 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, polit-
ical 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 de-
partment.
(iv) The Department of Corrections and Rehabilitation with respect to any project under its juris-
diction 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.
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(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
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 gov-
erning 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 dis-
pute. 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 set-
tlement 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 pri-
vate 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
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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.
(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 re-
quest 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 pre-
sented 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 con-
tractual 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.
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(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
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 specifica-
tions 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.
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(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 (com-
mencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division
3.6 of Title 1 of the Government Code.
20104.4. The following procedures are established for all civil actions filed to resolve claims sub-
ject 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 re-
quirement 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 Proce-
dure, 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 ap-
pointed 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 differ-
ent 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 undis-
puted 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 gener-
ally 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 con-
sidered 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 di-
rected by the Engineer.
If the Contractor fails to replace any defective or damaged work or material after reasonable no-
tice, 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 Spec-
ifications.
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 Con-
tractor 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 neces-
sary 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 fabrica-
tion, 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 accepta-
ble 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 in-
spection 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,
Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety
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regulations as may apply. Contractor shall furnish Engineer with such information as may be nec-
essary 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 pur-
chase materials, fabricated products, or equipment from sources located more than 50 miles out-
side 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 equip-
ment. 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 ex-
pense, shall deliver the materials for testing to the place and at the time designated by the Engi-
neer. 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 require-
ments 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 im-
proper 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.
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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 nec-
essary by noncompliance with the specifications shall be borne by the Contractor.
4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifica-
tions 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 mate-
rial, 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 durabil-
ity, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its in-
tended 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, ap-
pearance, 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 propor-
tioning 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.
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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 Regula-
tions pertaining to weighing devices. A certificate of compliance shall be presented, prior to oper-
ation, 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 oper-
ating 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 pres-
sure 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. Cal-
ibration 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 Mod-
ified 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 de-
fined 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 inves-
tigation 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 in-
formation 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 co-
operative investigation concluded. Whenever the cooperative investigation is unable to reach res-
olution, the investigation may then either conclude without resolution or continue by written noti-
fication of one party to the other requesting the implementation of a resolution process by com-
mittee. 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 acknowledge-
ment, 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 Con-
tractor 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 coop-
erative 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 committee may
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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 inves-
tigation 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 pertain-
ing 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 Engi-
neer 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 rec-
ords, 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 utili-
ties indicated on the Plans is not guaranteed.
Where underground main distribution conduits such as water, gas, sewer, electric power, tele-
phone, or cable television are shown on the Plans, the Contractor shall assume that every prop-
erty 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 (Under-
ground 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 sup-
port 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 pro-
tection 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 proce-
dures required to maintain or restore the integrity of the system.
5-3 REMOVAL. Unless otherwise specified, the Contractor shall remove all interfering por-
tions 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 be-
fore 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 man-
hole frame and cover sets to be brought to grade 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 prop-
erty 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 in-
terfering 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 compensa-
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tion will be allowed therefore or for additional work, materials or delay associated with the tempo-
rary omission. The portion thus omitted shall be constructed by the Contractor immediately fol-
lowing 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 avail-
able 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 Sec-
tion 5-1.
The Contractor may be given an extension of time for unforeseen delays attributable to unrea-
sonably 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 iden-
tified 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 altera-
tions 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 other-
wise provided herein and unless otherwise prohibited by permits from other agencies as may be
required by law the Contractor shall begin work within 30 calendar days after receipt of the "Notice
to Proceed".
6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer
will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's man-
agement 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 precon-
struction 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 Base-
line 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 re-
quired 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 se-
quencing, 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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6-1.2.4 Schedule Software. The Contractor shall use commercially available software equal to
the Windows 2000 compatible "Suretrak" program by Primavera or "Project" program by Microsoft
Corporation to prepare the Baseline Construction Schedule and all updates thereto. The Contrac-
tor shall submit to the Agency a CD-ROM data disk with all network information contained thereon,
in a format readable by a Microsoft Windows 2000 system. The Agency will use a "Suretrak",
"Project" or equal software program for review of the Contractor's schedule. Should the Contrac-
tor elect to use a scheduling program other than the "Suretrak" program by Primavera or "Project"
program by Microsoft Corporation the Contractor shall provide the Engineer three copies of the
substituted program that are fully licensed to the Agency and 32 class hours of on-site training by
the program publisher for up to eight Agency staff members. The classes shall be presented on
Mondays through Thursdays, inclusive, between the hours of 8:00 a.m. and 5:00 p.m. The on-site
training shall be held at 1635 Faraday Avenue, Carlsbad, California. The dates and times of the
on-site training shall be submitted to the Engineer for approval five working days before the start
of the on-site training. The on-site training shall be completed prior to the submittal of the first
Baseline Construction Schedule.
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 activi-
ties, including submittals, interfaces between utility companies and other agencies, project mile-
stones 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 accu-
rately 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 Con-
struction 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 Contrac-
tor'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 du-
ration 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.
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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 Contrac-
tor complies with the requirements of these supplemental provisions shall be a condition prece-
dent 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 Engi-
neer. 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 pro-
visions 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 Construc-
tion 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.
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 cor-
rections 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 dur-
ing 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.
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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
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 resub-
mittal 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 re-
turning 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 Sec-
tion 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 substan-
tially 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
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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 Sched-
ule 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 Revi-
sions 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.
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. 6-2.3 Project Meetings. The Engineer will
establish the time and location of weekly Project Meetings. The Contractor's Representative shall
attend each Project Meeting. The Project Representative shall be the individual determined under
Section 7-6, 'The Contractor's Representative". No separate payment for attendance of the Con-
tractor, the Contractor's Representative or any other employee or subcontractor or subcontrac-
tor's employee at these meetings will be made.
6-3 SUSPENSION OF WORK.
6-3.1 General. The Work may be suspended in whole or in part when determined by the Engi-
neer that the suspension is necessary in the interest of the Agency. The Contractor shall comply
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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 ar-
chaeological 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.
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 prem-
ises. 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 Con-
tractor 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.
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6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own dis-
cretion 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 Contrac-
tor 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.
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 Con-
tractor will not be entitled to damages or additional payment due to such delays, except as pro-
vided 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 classi-
fication 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 reason-
able means. Should the Contractor fail to provide the notice(s) required by this section the Con-
tractor agrees that no delay has occurred and that it will not submit any claim(s) therefore.
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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 Con-
tract 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 20 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.
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 out-
side said hours or at any time during weekends and/or holidays. This written permission must be
obtained at least 48 hours prior to such work The Engineer may approve work outside the hours
and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor
is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of
such work.
6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each work-
ing 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 indi-
cate 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 com-
pleted 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 perma-
nent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engi-
neer'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
('\
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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.
6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time
allowed will result in damages being sustained by the Agency. For each consecutive calendar day
in excess of the time specified for completion of Work, as adjusted in accordance with Section 6-
6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of one thousand
dollars ($1000.00) Such sum is liquidated damages and shall not be construed as a penalty, and
may be deducted from payments due the Contractor if such delay occurs.
Execution of the Contract shall constitute agreement by the Agency and Contractor that one thou-
sand dollars per day is the minimum value of costs and actual damages caused by the Contractor
to complete the Work within the allotted time. Any progress payments made after the specified
completion date shall not constitute a waiver of this paragraph or of any damages.
6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency reserves the right to
take over and utilize all or part of any completed facility or appurtenance. The Contractor will be
notified in writing in advance of such action. Such action by the Agency will relieve the Contractor
of responsibility for injury or damage to said completed portions of the improvement resulting from
use by public traffic or from the action of the elements or from any other cause, except Contractor
operations or negligence. The Contractor will not be required to reclean such portions of the im-
provement 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 com-
pleted 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.
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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 ap-
plicable 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 agree-
ment 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 respon-
sibility 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 re-
maining 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 un-
dertake 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' Com-
pensation 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 Contrac-
tor 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 compen-
sation 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 per-
mits 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 pres-
ence to take measures necessary to protect the Work, persons, or property. Any order or com-
munication given to this representative shall be deemed delivered to the Contractor. A joint ven-
ture 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 per-
son 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.
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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 dam-
ages 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 exten-
sion 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 incom-
plete.
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 imme-
diately 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 Con-
tractor 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 dis-
cretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust
{~
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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 Con-
tract 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 em-
ployees engaged ln 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, sew-
age 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 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General
Permit Number CAS000002, Waste Discharge Requirements (WDR's) for Discharges of Storm-
water Runoff associated with Construction Activity (General Permit) and subsequent adopted
modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring
Plans for this project in accordance with these regulations.
The Notice of Intent (NOi) shall not be filed for the project.
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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.
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 installa-
tions, 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 relo-
cated 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 inconven-
ience. The access rights of the public shall be considered at all times. Unless otherwise author-
ized, 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. Ac-
cess 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 cross-
ings of the Work at intervals not exceeding 90 m (300 feet), shall be maintained unless otherwise
approved by the Engineer.
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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.
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 com-
pleted, 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 com-
pany, Coast Waste Management at 760-929-9417.
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 park-
ing 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 ve-
hicular 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 af-
fected 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 descrip-
tion 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 du-
rability to 65 lb. card stock. The printing on the notice shall be no smaller than 12 point. An exam-
ple 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
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the contractor to meet the posted date requires re-posting the no parking signs 72 hours in ad-
vance 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.
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 com-
pensation 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 else-
where 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 equip-
ment 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 Con-
tractor shall furnish and install signs and warning devices and promptly remove them upon com-
pletion 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 ................................................................................. .
2) Carlsbad Fire Department Dispatch .............................................. .
3) Carlsbad Police Department Dispatch .......................................... ..
4) Carlsbad Traffic Signals Maintenance (extension 2937) ................ .
5) Carlsbad Traffic Signals Operations .............................................. .
6) North County Transit District... ...................................................... ..
7) Waste Management ..................................................................... ..
760-602-2720
760-931-2197
760-931-2197
760-438-2980
760-602-2752
760-967-2828
760-929-9400
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,
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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.
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, delin-
eation 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 con-
trol 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 mark-
ing 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 Con-
tractor. Warning and advisory signs, lights and devices shall be promptly removed by the Con-
tractor 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 re-
moved 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 trav-
eled 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 CAL TRANS "Standard Specifications", except the sleeves shall be 7" long.
Personal vehicles of the Contractor's employees shall not be parked within the traveled way, in-
cluding 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 equip-
ment 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.
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7-10.3.2 Maintaining Traffic. The Contractor's personnel shall not work closer than 1.8 m (6'),
nor operate equipment within 0.6 m (2') from any traffic lane occupied by traffic. For equipment
the minimum acceptable shy distance 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 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 pro-
visions in this section will not relieve the Contractor from its responsibility to provide such addi-
tional 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.
7-10.4 Safety.
7-10.4.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable extracts
of: Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued
by the State Division of Industrial Safety. The Contractor shall comply with provisions of these
and all other applicable laws, ordinances, and regulations.
Before excavating any trench 5 feet or more in depth, the Contractor shall submit a detailed plan
to the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for
the workers' protection from the hazard of caving ground during the excavation of such trench. If
the plan 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 Con-
tractor 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 pro-
vided, or required by law.
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 Contrac-
tor 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
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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 infringe-
ment 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 Na-
tional 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
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 par-
ties."
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SECTION 8 -FACILITIES FOR AGENCY PERSONNEL
8-1 GENERAL. A field office for agency personnel is not required.
SECTION 9 -MEASUREMENT AND PAYMENT
9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK.
9-1.1 General. Unless otherwise specified, quantities of work shall be determined from meas-
urements 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 sec-
tions involved.
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 accord-
ance 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
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has been placed, and material placed outside of the Plan lines. No compensation will be allowed
for disposing of rejected or excess material.
Payment for work performed or materials furnished under an Assessment Act Contract will be
made as provided in particular proceedings or legislative act under which such contract was
awarded.
Whenever any portion of the Work is performed by the Agency at the Contractor's request, the
cost thereof shall be charged against the Contractor, and may be deducted from any amount due
or becoming due from the Agency.
Whenever immediate action is required to prevent injury, death, or property damage, and precau-
tions which are the Contractor's responsibility have not been taken and are not reasonably ex-
pected 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 owner-
ship shall remain with the Contractor who shall be obligated to store any fully or partially com-
pleted 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 re-
cordation 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 appli-
cable laws.
At the expiration of 35 days from the date of acceptance of the Work by the Board, or as pre-
scribed 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
('\
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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
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 Engi-
neer 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 pay-
ment 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, 1 0 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 re-
maining 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 liqui-
dated damages under 6-9.
As provided in Section 22300 of the California Public Contract Code, the Contractor may substi-
tute 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 corre-
sponding 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 Esti-
mate.
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 adjust-
ments 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
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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 payment for the disputed items.
9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written state-
ment 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 Condi-
tions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Re-
port, 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 con-
tentions 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 will
be included in the various items of work and no other payment will be made.
9-4 BID ITEMS. Payment for each Bid Item shall be made at the quantity and type as listed in
the Contractor's Proposal. All work shown or mentioned on the plans, in the Contract Documents,
General Provisions, or Technical Provisions/Specifications shall be considered as included in the
Bid Items. Contractor must protect existing utilities, improvements, landscaping, irrigation sys-
tems, and vegetation in place. If damaged during the work, Contractor is responsible to repair or
replace any utilities, improvements, landscaping, irrigation systems, and vegetation at his ex-
pense.
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Aviara and Hidden Canyon Park Project No. 4745
SECTION 321816.13 -PLAYGROUND PROTECTIVE SURFACING
PART 1 -GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 01 Specification Sections, apply to this Section.
1.2 SUMMARY
A. Section Includes:
1. Unitary, seamless surfacing.
1.3 DEFINITIONS
A. Definitions in ASTM F 2223 apply to Work of this Section.
B. Critical Height: Standard measure of shock attenuation according to ASTM F 2223; same as
"critical fall height" in ASTM F 1292. According to ASTM F 1292, this approximates "the
maximum fall height from which a life-threatening head injury would not be expected to occur."
C. CPSC: Consumer Product Safety Commission.
D. Fall Height: According to ASTM F 1487, this means "the vertical distance between a designated
play surface and the protective surfacing beneath it." The fall height of playground equipment
should not exceed the Critical Height of the protective surfacing beneath it.
E. IPEMA: International Playground Equipment Manufacturers Association.
F. SBR: Styrene-butadiene rubber.
G. TPV: Thermoplastic vulcanizate
H. Unitary Surfacing: A protective surfacing of one or more material components bound together to
form a continuous surface; same as "unitary system" in ASTM F 2223.
I. Use Zone: According to ASTM F 1487, this means "the area beneath and immediately adjacent
to a play structure that is designated for unrestricted circulation around the equipment and on
whose surface it is predicted that a user would land when falling from or exiting the equipment."
1.4 ACTION SUBMITTALS
A. Product Data: For each type of product.
B. Shop Drawings: For each type of protective surfacing.
1. Include plans, sections, placement and penetration details, and attachment to substrates.
2. Include accessories and edge terminations.
3. Include patterns made by varying colors of surfacing and details of graphics.
PLAYGROUND PROTECTIVE SURFACING
32 18 16.13
Page 1 of 5
Nov. 19, 2019 Item #4 Page 108 of 118
Aviara and Hidden Canyon Park Project No. 4745
4. Include fall heights and use zones for existing equipment and structures coordinated with
the critical heights for protective surfacing.
C. Samples for Verification: For each type of protective surfacing and exposed finish.
1. Include Samples of accessories to verify color and finish selection.
2. Unitary, Seamless Surfacing: Minimum 6 by 6 inches.
D. Product Schedule: For protective surfacing. Use same designations indicated on Drawings.
1.5 INFORMATIONAL SUBMITTALS
A. Qualification Data for Installer: Include Certification by manufacturer that installer is an
approved applicator of the unitary surfacing product.
B. Product Certificates: For each type of unitary surfacing product, signed by a qualified testing
agency.
1. ASTM F1292 Impact Attenuation Test Certification for Surface Systems Under and
Around Playground Equipment, in compliance with the Critical Fall Heights, as
determined by the specific heights of playground equipment specified in Section 11 68 00
"Play Field Equipment and Structures."
2. ASTM 1951 Certificate of Determination of Accessibility of Surface Systems Under and
Around Playground Equipment.
C. Manufacturer's Certificates: For each type of unitary surfacing product, signed by the
manufacturer, certifying products furnished comply with requirements.
D. Sample Warranty: For manufacturer's special warranty.
1.6 CLOSEOUT SUBMITTALS
A. Maintenance Data: For playground protective surfacing to include in maintenance manuals.
1.7 QUALITY ASSURANCE
A. Installer Qualifications: An entity that employs installers and supervisors who are trained and
approved by manufacturer.
1.8 PROJECT CONDITIONS
A. Environmental Limitations: Do not apply unitary surfacing system materials or components over
wet or damp substrates.
B. Weather Limitations: Proceed with installation only when existing and forecasted weather
conditions permit unitary surfacing system installation to be performed according to
manufacturer's written instructions and warranty requirements.
1.9 WARRANTY
A. Special Warranty: Manufacturer and Installer agree to repair or replace components of
protective surfacing that fail in materials or workmanship within specified warranty period.
PLAYGROUND PROTECTIVE SURFACING
32 18 16.13
Page 2 of 5
Nov. 19, 2019 Item #4 Page 109 of 118
Aviara and Hidden Canyon Park Project No. 4745
1. Failures include, but are not limited to, the following:
a. Reduction in impact attenuation as measured by reduction of critical fall height.
b. Deterioration of protective surfacing and other materials beyond normal
weathering.
2. Warranty Period: For .5-1.5 mm TPV Seven years from date of Substantial Completion.
For 1-4mm TPV Five years from date of Substantial Completion.
PART 2 -PRODUCTS
2.1 MANUFACTURERS
A. Source Limitations: Obtain protective surfacing materials from single source from single
manufacturer.
2.2 PERFORMANCE REQUIREMENTS
A. Provide unitary surfacing systems that comply with the following:
1. Impact Attenuation: Critical fall height tested according to ASTM F 1292.
2. Accessibility Standard: Minimum surfacing performance according to ASTM F 1951.
3. Safety Standard: CPSC Publication #325 Public Playground Safety Handbook.
4. IPEMA certified.
2.3 UNITARY, DUAL-DENSITY, SEAMLESS SURFACING
A. Description: Manufacturer's standard, site-mixed and applied, two-layer material with wearing
layer over cushioning layer, with combined, overall thickness as required, tested for impact
attenuation according to ASTM F 1292 and for accessibility according to ASTM F 1951.
1. Wearing Layer: Formulation of TPV rubber particles and aliphatic polyurethane binder,
minimum ½ inch thick.
2. Cushioning Layer: Formulation of recycled SBR particles and polyurethane binder.
3. Critical Height: As determined per fall height of play equipment specified.
4. Overall Thickness: As required for critical height indicated but not less than existing
surfacing depth.
5. Primer/Adhesive: Manufacturer's standard primer and weather-resistant, moisture-cured
polyurethane adhesive suitable for unit, substrate, and location.
6. Wearing Layer Color(s): As selected by Architect from manufacturer's full range.
a. Design: Where colored pattern graphic design is required, provide as indicated on
Drawings.
B. Leveling and Patching Material: Portland cement-based grout or epoxy-or polyurethane-based
formulation suitable for exterior use and approved by protective surfacing manufacturer.
PLAYGROUND PROTECTIVE SURFACING
32 18 16.13
Page 3 of 5
Nov. 19, 2019 Item #4 Page 110 of 118
Aviara and Hidden Canyon Park Project No. 4745
PART 3 -EXECUTION
3.1 EXAMINATION
A. Examine substrates, areas, and conditions, with Installer present, for compliance with
requirements for subgrade elevations, slope, and drainage and for other conditions affecting
performance of the Work.
1. Verify that substrates are sound and without high spots, ridges, holes, and depressions.
B. Hard-Surface Substrates: Verify that substrates are satisfactory for unitary, protective surfacing
installation and that substrate surfaces are dry, cured, and uniformly sloped to drain within
recommended tolerances according to protective surfacing manufacturer's written requirements
for cross-section profile.
1. Concrete or Class II Substrates: Verify that substrates are dry and free from surface
defects, laitance, glaze, efflorescence, curing compounds, form-release agents,
hardeners, dust, dirt, loose particles, grease, oil, and other contaminants incompatible
with protective surfacing or that may interfere with adhesive bond. Determine adhesion,
dryness, and acidity characteristics by performing procedures recommended in writing by
protective surfacing manufacturer.
C. Proceed with installation only after unsatisfactory conditions have been corrected.
3.2 PREPARATION
A. Prepare substrates to receive surfacing products according to protective surfacing
manufacturer's written instructions.
B. Hard-Surface Substrates: Clean surface free of laitance, efflorescence, curing compounds, and
other contaminants incompatible with protective surfacing.
1. Repair: Fill holes and depressions in unsatisfactory surfaces with leveling and patching
material.
2. Terminal Edges: Saw cut concrete for terminal edges of protective surfacing.
3. Treat control joints and other nonmoving substrate cracks to prevent telegraphing
through protective surfacing.
C. Aggregate Substrates: Clean surface free of laitance, efflorescence, curing compounds, and
other contaminants incompatible with protective surfacing.
1. Repair: Fill holes and recompact.
3.3 INSTALLATION OF SEAMLESS SURFACING
A. Mix and apply components of seamless surfacing according to manufacturer's written
instructions to produce uniform, monolithic, and impact-attenuating protective surfacing of
required overall thickness.
1. Substrate Primer: Apply over prepared substrate at manufacturer's standard spreading
rate for type of substrate.
2. Poured Cushioning Layer: Spread evenly over primed substrate to form a uniform layer
applied at manufacturer's standard spreading rate in one continuous operation, with a
minimum of cold joints.
3. lntercoat Primer: Over cured cushioning layer, apply primer at manufacturer's standard
spreading rate.
PLAYGROUND PROTECTIVE SURFACING
32 18 16.13
Page 4 of 5
Nov. 19, 2019 Item #4 Page 111 of 118
Aviara and Hidden Canyon Park Project No. 4745
4. Wearing Layer: Spread over primed base course to form a uniform layer applied at
manufacturer's standard spreading rate in one continuous operation and, except where
color changes, with no cold joints. Finish surface to produce manufacturer's standard
wearing-surface texture.
a. Design: Where colored pattern graphic design is required, place colored, design
material as soon as previously placed material is sufficiently cured, using primer or
adhesive if required by manufacturer's written instructions.
5. Edge Treatment: Flush As indicated on Drawings. Fully adhere edges to substrate with
full coverage of substrate. Maintain fully cushioned thickness required to comply with
performance requirements.
3.4 FIELD QUALITY CONTROL
A. Testing Agency: Contractor to engage a qualified playground safety inspector, certified by the
National Playground Safety Institute, to perform tests and inspections.
B. Playground protective surfacing will be considered defective if it does not pass tests.
3.5 PROTECTION AND CLEANING
A. Prevent traffic over seamless surfacing for not less than 48 hours after installation. Protect
unitary surfacing system from damage and wear during the remainder of construction period.
Clean unitary surfacing system after time period recommended in writing by manufacturer but
not more than four days before dates scheduled for inspections intended to establish date of
Substantial Completion. Use cleaning materials and procedures recommended in writing by
unitary surfacing system manufacturer.
1. During installation of adhesively applied products, immediately remove visible adhesive
from surfaces. Use cleaner recommended by unitary surfacing system manufacturer.
END OF SECTION 32 18 16.13
PLAYGROUND PROTECTIVE SURFACING
32 1816.13
Page 5 of 5
Nov. 19, 2019 Item #4 Page 112 of 118
CONSTRUCT/ON DOCUMENTS for:
AVIARA AND HIDDEN CANYON COMMUNITY PARK PLAYGROUND REPAIRS
SCC>PE OF WORK
1. REMOVE & REPLACE EXISTING RESILIENT RUBBER SURFACING
WITH NEW RESILIENT RUBBER SURFACING.
2. PROVIDE ANNUAL TOP COAT OF ALIPHATIC BINDER ONE YEAR
AFTER CONSTRUCTION
THE IMPROVEMENT WORK SHALL BE PERFORMED IN
ACCORDANCE WITH THE FOLLOWING DOCUMENTS. CURRENT AT
THE TIME OF CONSTRUCTION. AS DIRECTED BY THE CITY ENGINEER.
1. CARLSBAD MUNICIPAL CODE
2. CITY OF CARLSBAD ENGINEERING STANDARDS
3. THIS SET OF PLANS
4. THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION (GREEN BOOK 2018).
5. THE SAN DIEGO AREA REGIONAL STANDARD DRAWINGS AND AS
MAY BE MODIFIED BY THE CITY OF CARLSBAD STANDARDS.
6. CALIFORNIA STORM WATER QUALITY ASSOCIATION BMP
CONSTRUCTION HANDBOOK AND CAL TRANS CONSTRUCTION
SITE BMP MANUAL.
'"DECLARATION OF RESPONSIBLE CHARGE"
I HEREBY DECLARE THAT I AM THE LANDSCAPE ARCHITECT OF WORK
FOR THIS PROJECT. THAT I HAVE EXERCISED RESPONSIBLE CHARGE
OVER THE DESIGN OF THIS PROJECT AS DEFINED IN SECTION 6703 OF
THE BUSINESS AND PROFESSIONS CODE AND THAT THE DESIGN IS
CONSISTENT WITH CURRENT STANDARDS.
I UNDERSTAND THAT THE CHECK OF PROJECT DRAWINGS AND
SPECIFICATIONS BY THE CITY OF CARLSBAD AND SAN DIEGO COUNTY
DEPARTMENT OF HEALTH SERVICES IS CONFINED TO A REVIEW ONLY
AND DOES NOT RELIEVE ME. AS THE LANDSCAPE ARCHITECT OF
WORK, OF MY RESPONSIBILITIES FOR PROJECT DESIGN.
JEFF JUSTUS
SCHMIDT DESIGN GROUP, INC.
1310 ROSECRANS ST. SUITE G
SAN DIEGO, CA 92106
PHONE. (619) 236-1462
SIGNATURE
JEFF JUSTUS
REGISTRATION NO. 4028 (EXP. 05/31/2019)
SOURCE OF TOPOGRAPHY
DATE
04/25/2019
TOPOGRAPHY SHOWN ON THESE PLANS WAS GENERATED BY FIELD SURVEY
METHODS FROM INFORMATION GATHERED ON JULY 30TH, 2015
BY FUSCOE ENGINEERING. TOPOGRAPHY SHOWN HEREON CONFORMS TO
NATIONAL MAP ACCURACY STANDARDS
PROJECT LOCATION: AVIARA COMMUNITY PARK
THIS PROJECT IS LOCATED WITHIN ASSESSORS PARCEL NUMBER($)
215-08-24. 24 26, 27 & 30
THE CALIFORNIA COORDINATE INDEX OF THIS PROJECT IS
N 33.1153" W _,_1 .cc17c.c.2,c8,.,3c-D_" _____ _
BENCH MARK
DESCRIPTION THE CITY OF CARI SBAD BENCHMARK
LOCATION A 2.5" BRASS CAP M STAMPED_"CLS6_filLS 6215'".J..tj TH_L
TOP OF THE WEST CURB AMBRQ§J.A._LANE 0.2 TIMES NQB_TH OF
CONOSOWAY
RECORDED: RECORD OF SURVEY NO. 17271
ELEVATION 247.560' ---DATUM: NGVD29--
PROJECT LOCATION: HIDOEN CANYON PARK
THIS PROJECT IS LOCATED. WITHIN ASSESSORS PARCEL NUMBER(S)
167-090-41 44. 48, 49 167-441-37
THE CALIFORNIA COORDINATE INDEX OF THIS PROJECT IS
N 2008" E -'-6~23~4~•-----
BENCH MARK
DESCRIPTION TOP OF STD BRASS DISC IN CENTER I INE WEI l
MONUMENT.
LOCATION STA. 156 + 17.85 E.C. EL CAMINO REAL
RECORDED SAN DIEGO COUNTY ENGINEER LINE NO 201 BOOK 001
PAGE 24
ELEVATION DATUM M.S L.
Ccityof
Carlsbad
Parks & Recreation Department
AVIARA COMMUNITY PARK
6435 AMBROSIA LANE
CITY OF CARLSBAD, CALIFORNIA
PARKS & RECREATION DEPARTMENT
PROJECT NO. 4745
HIDDEN CANYON COMMUNITY PARK
2685 VANCOUVER STREET
CITY OF CARLSBAD, CALIFORNIA
PARKS & RECREATION DEPARTMENT
PROJECT NO. 4745
AVIARA COMMUNITY PARK LOCATION MAP
CITY OF OCEANSIDE
PROJECT SITE: ) SITE
HIDDEN CANYON AVIARA COMMUNITY PARK
CITY COUNCIL
MA TT HALL -MAYOR
PRIYA BHAT-PATEL-MAYOR PRO TEM
CORI SCHUMACHER -COUNCIL MEMBER
KIETH BLACKBURN -COUNCIL MEMBER
SCOTT CHADWICK
CITY MANAGER
KYLE LANCASTER
PARKS & RECREATION DIRECTOR
PROJEC__! ADORES~
AVIARA COMMUNITY PARK: 6435 AMBROSIA LANE, CARLSBAD, CALIFORNIA 92011
HIDDEN CANYON PARK· 2685 VANCOUVER STREET, CARLSBAD, CALIFORNIA 92008
PROJECT DIRECTORY
I OWNER.
CITY OF CARLSBAD PARKS AND CONTACT TIM SELKE
RECREATION DEPARTMENT PARKS SUPERINTENDENT
799 PINE AVE., SUITE 200 email Tim.Se/ke@carlsbadca.gov
CARLSBAD, CA 92008
PHONE. (760) 434-2826
PRIME CONSULTANT & LANDSCAPE ARCHITECT
SCHMIDT DESIGN GROUP, INC.
1310 ROSECRANS ST. SUITE G
SAN DIEGO, CA 92106
PHONE (619) 236-1462
CONTACT JEFFJUSTUS
PRINCIPAL
email .iJustus@schm1dtdesign com
TODD SCHECHINGER
PROJECT MANAGER
email tschechinger@schm1dtdes1gn.com
GOVERNING AGENCIES AND UTILITY CONTACTS
UNDERGROUND SERVICE ALERT
UNDERGROUND SERVICE ALERT
800-227-2600
GAS AND ELECTRICITY SAN DIEGO GAS & ELECTRIC
4120 OCEANSIDE BLVD. #215
OCEANSIDE, CA 92054
EMERGENCY. 800-411-7343
NEW SERVICE. 877-789-9866
CABLE TELEVISION
TIME WARNER
5720 EL CAMINO REAL
CARLSBAD, CA 92008
760-931-700D
WATER & RECYCLED WATER
---CARLSBAD MUNICIPAL WATER DISTRICT
5950 EL CAMINO REAL
CARLSBAD, CA 92008
760-438-2722
SEWER
----CITY OF CARLSBAD
5950 EL CAMINO REAL
CARLSBAD, CA 92008
760-438-2722
STORM WATER
---CITY OF CARLSBAD
1635 FARADAY AVENUE
CARLSBAD. CA 92008
HOTLINE 760-602-2799 ••• •·· •••
PARKS AND RECREATION ~OF CAR LS BAD
799 PINE AVE, SUITE 200
CARLSBAD, CA 92008
760-434-2826
I_EcLEPHONE
AT&T
NEW PHONE 800-310-2355
ENGINEERING
CITY OF CARLSBAD
1635 FARADAY AVENUE
CARLSBAD. CA 92008
760-602-2720
BUILDING
--~ OF CARLSBAD
1635 FARADAY AVENUE
CAR LS BAD, CA 92008
760-602-2700
FJRE
INSPECTION. 760-602-2725
CITY OF CARLSBAD
2560 ORION WAY
CARLSBAD, CA 92008
760-931-2141
POLICE
---CITY OF CARLSBAD
2560 ORION WAY
CARLSBAD, CA 92008
760-931-2131
SCHMIDT
DESIGN
GROUP
1310 i;t""'"~n< St ),,,le(, \~-0,.,7, l "-"2101:, 61":'361462
L•: CA:136 r,, 2i"•Ai. W11,;
OCEAN
GENERAL NOTES
CITY OF
f -1:: NOT TO
¥SCALE
1. THIS PLAN SUPERSEDES ALL OTHER PLANS PREVIOUSLY APPROVED BY THE CITY OF
CARLSBAD REGARDING IMPROVEMENTS SHOWN ON THIS SET OF PLANS.
APPROVAL OF THIS PLAN DOES NOT LESSEN OR WAIVE ANY PORTION OF THE
CARLSBAD MUNICIPAL CODE, RESOLUTION OF CONDITIONAL APPROVAL, CITY
STANDARDS OR OTHER ADDITIONAL DOCUMENTS LISTED HEREON AS THEY MAY
PERTAIN TO THIS PROJECT.
3. NO WORK SHALL BE COMMENCED UNTIL ALL PERMITS HAVE BEEN OBTAINED FROM
THE CITY AND OTHER APPROPRIATE AGENCIES.
4. NO REVISIONS WILL BE MADE TO THESE PLANS WITHOUT THE WRITTEN APPROVAL OF
THE CITY ENGINEER, NOTED WITHIN THE REVISION BLOCK. ON THE APPROPRIATE
SHEET OF THE PLANS AND TITLE SHEET.
5. THE ORIGINAL DRAWING SHALL BE REVISED TO REFLECT AS-BUILT CONDITIONS BY
THE LANDSCAPE ARCHITECT-OF-WORK PRIOR TO FINAL ACCEPTANCE OF THE WORK BY
THE CITY.
6. ACCESS FOR FIRE AND OTHER EMERGENCY VEHICLES SHALL BE MAINTAINED TO
THE PROJECT SITE AT ALL TIMES DURING CONSTRUCTION.
7. AFTER, OR UPON, NOTIFICATION OF CONTRACT AWARD, THE CITY ENGINEERING
INSPECTOR 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. 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.
8. ALL INSPECTION REQUESTS OTHER THAN FOR PRECONSTRUCTION MEETING WILL BE
MADE BY CALLING THE ENGINEERING 24-HOUR INSPECTION REQUEST LINE AT (760)
438-3891. INSPECTION REQUESTS MUST BE RECEIVED PRIOR TO 2 OD P.M. ON THE DAY
BEFORE THE INSPECTION IS NEEDED. INSPECTIONS WILL BE MADE THE NEXT WORK
DAY UNLESS YOU REQUEST OTHERWISE. REQUESTS MADE AFTER 2·00 P.M. WILL BE
SCHEDULED FOR TWO FULL WORK DAYS LATER.
9 THE OWNER AND/OR APPLICANT THROUGH THE DEVELOPER AND/OR CONTRACTOR
SHALL DESIGN. CONSTRUCT AND MAINTAIN ALL SAFETY DEVICES, INCLUDING SHORING,
AND SHALL BE SOLELY RESPONSIBLE FOR CONFORMING TO ALL LOCAL. STATE AND
FEDERAL SAFETY AND HEAL TH STANDARDS, LAWS AND REGULATIONS
10. IF ANY ARCHAEOLOGICAL RESOURCES ARE DISCOVERED WITHIN ANY WORK ZONE
DURING CONSTRUCTION. OPERATIONS WILL CEASE IMMEDIATELY, AND THE PERMITTEE
WILL NOTIFY THE CITY ENGINEER. OPERATIONS WILL NOT RESTART UNTIL THE
PERMITTEE HAS RECEIVED WRITTEN AUTHORITY FROM THE CITY ENGINEER TO DO SO.
11. ALL OPERATIONS CONDUCTED ON THE SITE OR ADJACENT THERETO, INCLUDING
WARMING UP, REPAIR, ARRIVAL. DEPARTURE OR OPERATION OF TRUCKS,
EARTHMOVING EQUIPMENT. CONSTRUCTION EQUIPMENT AND ANY OTHER ASSOCIATED
GRADING EQUIPMENT SHALL BE LIMITED TO THE PERIOD BETWEEN 7 00 AM. AND 4 DO
P.M. EACH DAY, MONDAY THRU FRIDAY AND NO EARTHMOVING OR GRADING
OPERATIONS SHALL BE CONDUCTED ON WEEKENDS OR HOLIDAYS. (A LIST OF CITY
NO SHEET INDEX
TITLE SHEET
DEMO LEGEND, NOTES PLAN-AVIARA
COMMUNITY PARK
DEMO LEGEND NOTES PLAN-HIDDEN CANYON
PARK
LANDSCAPE CONSTRUCTION PLAN-AVIARA
COMMUNITY PARK
LANDSCAPE CONSTRUCTION PLAN-HIDDEN
CANYON PARK
6 LANDSCAPE CONSTRUCTION DETAILS
SHEET
LABEL
T-1 0
D-1 0
D-1.1
LC-1 0
LC-1.1
LC-2 0
HOLIDAYS IS AVAILABLE AT THE ENGINEERING DEPARTMENT COUNTER.)
12. ALL OFF-SITE HAUL ROUTES SHALL BE SUBMITTED BY THE CONTRACTOR TO THE CITY
ENGINEER FOR APPROVAL TWO FULL WORKING DAYS PRIOR TO BEGINNING OF WORK.
THE CONTRACTOR SHALL BE RESPONSIBLE FOR ANY DEBRIS OR DAMAGE OCCURRING
ALONG THE HAUL ROUTE OR ADJACENT STREETS AS A RESULT OF THE HAULING OR
GRADING OPERATION.
13 THE EXISTENCE AND LOCATION OF UTILITY STRUCTURES AND FACILITIES SHOWN ON
THE CONSTRUCTION PLANS WERE OBTAINED BY A SEARCH OF THE AVAILABLE
RECORDS. ATTENTION IS CALLED TO THE POSSIBLE EXISTENCE OF OTHER UTILITY
FACILITIES OR STRUCTURES NOT SHOWN OR IN A LOCATION DIFFERENT FROM THAT
SHOWN ON THE PLANS. THE CONTRACTOR IS REQUIRED TO TAKE DUE
PRECAUTIONARY MEASURES TO PROTECT THE UTILITIES SHOWN ON THE PLANS AND
ANY OTHER EXISTING FACILITIES OR STRUCTURES NOT SHOWN.
14. THE CONTRACTOR SHALL VERIFY THE LOCATION OF ALL EXISTING FACILITIES
(ABOVEGROUND AND UNDERGROUND) WITHIN THE PROJECT SITE SUFFICIENTLY
AHEAD OF THE CONSTRUCTION TO PERMIT THE REVISIONS OF THE CONSTRUCTION
PLANS IF IT IS FOUND THAT THE ACTUAL LOCATIONS ARE IN CONFLICT WITH THE
PROPOSED WORK
15. THE CONTRACTOR SHALL NOTIFY AFFECTED UTILITY COMPANIES (SEE BELOW) AT
LEAST TWO FULL WORKING DAYS PRIOR TO STARTING CONSTRUCTION NEAR THEIR
FACILITIES AND SHALL COORDINATE WORK WITH A COMPANY REPRESENTATIVE.
UNDERGROUND SERVICE ALERT (800)422-4133
SDG&E (800)411-7343
AT&T (800)892-0123
TIME WARNER CABLE (760)438-7741
COX COMMUNICATIONS (619)262-1122
CITY OF CARLSBAD(STREETS AND STORM DRAIN) (760)434-2980
"CITY OF CARLSBAD(SEWER.WATER & RECLAIMED WATER) (760)438-2722
16. IN ACCORDANCE THE CITY STORM WATER STANDARDS ALL STORM DRAIN INLETS
CONSTRUCTED BY THIS PLAN SHALL INCLUDE "STENCILS" BE ADDED TO PROHIBIT
WASTE DISCHARGE DOWNSTREAM. STENCILS SHALL BE ADDED TO THE SATISFACTION
OF THE CITY ENGINEER.
17. PARK WILL REMAIN OPEN TO THE PUBLIC DURING THE CONSTRUCTION FOR THIS
PROJECT. ALL EQUIPMENT AND TOOLS SHALL NOT BE A NUISANCE OR HAZARD TO THE
GENERAL PUBLIC AND CONTRACTOR SHALL PROVIDE TEMPORARY 6'-0" CHAINLINK WITH
WINDSCREEN FENCING AROUND THE AREA TO PROTECT THE SITE FROM OTHER
ONGOING PARK OPERATIONS AND TO ENSURE THE SAFETY AND PROTECTION OF THE
PUBLIC. CONTRACTOR SHALL KEEP THE WORK SITE PICKED UP AND FREE OF LITTER.
TOOLS, EQUIPMENT AND ALL OTHER CONSTRUCTION RELATED MATERIALS.
CONTRACTOR WILL ONLY BE ALLOWED TO STOCK PILE MATERIALS ON SITE IN FENCED
DESIGNATED STAGING AREAS AS DIRECTED BY THE CITY ENGINEERING INSPECTOR.
CITY WILL NOT BE RESPONSIBLE FOR MATERIALS OR EQUIPMENT CONTRACTOR
STOCKPILES OR LEAVES AT THE SITE UNATTENDED. EQUIPMENT LEFT ON THE
PROPERTY OVERNIGHT AND UNATTENDED SHALL BE THE SOLE RESPONSIBILITY OF THE
CONTRACTOR
◊NOT TOSCA.LE"
T-1.0
r==:i:::==i==================i===i===i===i==::::i-=========:::::-::::=~ .-fsHEul CITY OF CARLSBAD I SHE6ETS I
RT
DIAL TOLL FREE
1 -800-422-4133
uNJERGROUND SERVICE ALER' OF SOUTHER~ CALl"ORNIA
~--1---1-----------------1---+----l---+---l LU PARKS & RECREATION DEPARTMENT ~--1---+------------------1--+--+---+---l
DATE INITIAL DAlE INlllAl DATE INITIAL
ENGINEER Of WORK REVISION DESCRIPTION OTHER APPROVAL CITY APPROVAL
18-412 $-TITLE -T-1.0:
A VIARA & HIDDEN CANYON
PARK
APPROVED BY: xxxxxxxxxxxxxxxxxxxxx
---------------XJXXJM PUBLIC WORKS MANAGER EXP. OAT£
OWN BY: ---, CHKD BY:~ RVW!l BY: __,IL_
PROJECT NO.
4745
I DRAWING NO.
520-7
Nov. 19, 2019 Item #4 Page 113 of 118
AVIARA COMMUNITY PARK PLAYGROUND
1· "'"' 10·-0·
KEYMAP
••• ., . •••
SCHMIDT
DESIGN
GROUP
1110 l!l)•~r,,..,~ <,1 ~"''~ G <,,,,,Q,..g,-cA <12106
!'>1'>136146"
l'( (A 2138 N~ 219 ~; ¼lN
10 20
SCALE 1" = 10'-0"
DEMOLITION LEGEND:
DEMOLITION
§'/MBOL, DESCRIPTION
I D-01 I REMOVE EXISTING RESILIENT SURFACING AND
DISPOSE OF OFF SITE. REMOVE EXISTING
ADHESIVE AND PREPARE CONCRETE SUB-SLAB
FOR NEW POURED IN PLACE RESILIENT SURFACING.
EXISTING CONCRETE PAVING TO REMAIN. PROTECT
IN PLACE.
EXISTING PLANTER WALL TO REMAIN. PROTECT IN
PLACE.
EXISTING PLANTING AREA TO REMAIN. PROTECT IN
PLACE.
EXISTING TURF TO REMAIN. PROTECT IN PLACE.
EXISTING PLAYGROUND EQUIPMENT TO REMAIN.
PROTECT IN PLACE.
EXISTING SURFACE DRAIN. PROTECT IN PLACE.
DEMOLITION LEGEND:
1. SUMMARY
-;;: . CLEAR AND GRUB THE PROJECT SITE WHERE INDICATED PRIOR TO
CONSTRUCTION, AS SPECIFIED HEREIN, AND AS NEEDED FOR A
COMPLETE AND PROPER PREPARATION OF THE SITE AND
PROPOSED IMPROVEMENTS.
B. LOCATION AND ELEVATION OF ALL EXISTING IMPROVEMENTS WITHIN
THE AREA OF WORK SHALL BE CONFIRMED BY FIELD MEASUREMENT
PRIOR TO CONSTRUCTION OF NEW WORK
C. CONTRACTOR TO LOCATE EXISTING UTILITIES IN FIELD PRIOR TO
COMMENCEMENT OF WORK.
D. DEMOLITION ITEMS ON THIS PLAN ARE FOR CONTRACTOR
REFERENCE ONLY. CONTRACTOR IS RESPONSIBLE FOR REMOVAL
OF ALL EXISTING ABOVE AND UNDERGROUND STRUCTURES AS
NECESSARY TO CONSTRUCT PROJECT. (THIS INCLUDES DEMOLITION
AND REMOVAL OF CONCRETE FOOTINGS AND STEEL
REINFORCEMENT)
2. PROJECT CONDITIONS
A TRAFFIC CONDUCT SITE PREPARATION WORK TO ENSURE MINIMUM
INTERFERENCE WITH EXISTING ROADS, STREETS, WALKS AND
OTHER ADJACENT OCCUPIED OR USED FACILITIES. DO NOT CLOSE
OR OBSTRUCT EXISTING STREETS, WALKS OR OTHER OCCUPIED OR
USED FACILITIES WITHOUT PERMISSION FROM AUTHORITIES HAVING
JURISDICTION.
B. ERECT TEMPORARY CONSTRUCTION FENCING. BARRICADES,
ENCLOSURES, AND PROTECTION OF ADJACENT PROPERTY AND
EXISTING WORK BEFORE STARTING SITE CLEARING WORK AND
MAINTAIN FOR THE DURATION OF WORK.
C. INSPECT AND REVIEW THE PROJECT SITE TO DETERMINE EXISTING
CONDITIONS WHICH AFFECT CONSTRUCTION OPERATIONS. IT
SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO LOCATE
ALL SUBSTRUCTURES, WHETHER SHOWN HEREON OR NOT, AND
PROTECT THEM FROM DAMAGE. THE EXPENSE OF REPAIR OR
REPLACEMENT OF SAID SUBSTRUCTURES SHALL BE BORNE BY THE
CONTRACTOR.
3. DISPOSITION OF MATERIALS
A. REMOVE MATERIAL TOA LEGAL DISPOSAL AREA EXCEPT THOSE
ITEMS INDICATED TO BE RE-USED
B. STOCKPILING OF REMOVED MATERIALS ON THE PROJECT SITE WILL
NOT BE PERMITTED WITHOUT WRITTEN APPROVAL FROM THE
RESIDENT ENGINEER.
4. TRUCK HAULING
A. THE CONTRACTOR SHALL SUBMIT A TRUCK HAUL ROUTE PLAN
(11"X1T') FOR APPROVAL PRIOR TO STARTING EXPORT OR IMPORT
OF MATERIAL THE PLAN SHALL BE SUBMITTED TO THE BUILDING
AND DEVELOPMENT OFFICE, ENGINEERING COUNTER AT 1635
FARADAY DRIVE, CARLSBAD. THE CONTRACTOR SHALL OBTAIN A
TRAFFIC CONTROL PERMIT A MINIMUM OF 5 DAYS PRIOR TO
COMMENCING WORK
fSHml CITY OF CARLSBAD I SHEETS I 1---+--t----------------t--+---+--t---t~ PARKS & RECREATION DEPARTMENT 6 1---+--t----------------t--+---+--t---t
AV/ARA & HIDDEN CANYON
PARK
1---+--t----------------t--+---+--t---t APPROVED BY, xxxxxxxxxxxxxxxxxxxxx
X/XNXX
EXP. DATE
DATE INITI.&J.
ENGINEER OF' 'l'l'ORK REVISION DESCRIPTION
DA TE INITIAL DA TE INITIAL
OTl-tER Af>PROVAL CITY APPROVAL
PROJECT NO.
4745
I DRAWlNG NO.
520-7
Nov. 19, 2019 Item #4 Page 114 of 118
LIMIT OF WORK
HIDDEN CANYON COMMUNITY PARK PLAYGROUND
I/
I;
/+ ~
••• •·. •••
SCHMIDT
DESIGN
GROUP
1310 R.,,...u~n~ ~t '"''~ G S..,n 8"'11;':' C "-~:JC,6
'ol~21(,14t,2
\
\
'
LIMIT OF WORK
' ' ....
10
SCALE 1" " 10'-0"
20 G
DEMOLITION LEGEND:
DEMOLITION
DESCRIPTION
REMOVE EXISTING RESILIENT SURFACING AND
DISPOSE DF OFF SITE. REMOVE EXISTING
ADHESIVE AND PREPARE CONCRETE SUB-SLAB
FOR NEW POURED IN PLACE RESILIENT SURFACING.
EXISTING CONCRETE PAVING TO REMAIN. PROTECT
IN PLACE.
EXISTING PLANTER WALL TO REMAIN. PROTECT IN
PLACE
EXISTING PLANTING AREA TO REMAIN. PROTECT IN
PLACE.
EXISTING TURF TO REMAIN. PROTECT IN PLACE.
EXISTING PLAYGROUND EQUIPMENT TO REMAIN.
PROTECT IN PLACE
DEMOLITION LEGEND:
1. SUMMARY
A CLEAR AND GRUB THE PROJECT SITE WHERE INDICATED PRIOR TO
CONSTRUCTION, AS SPECIFIED HEREIN, AND AS NEEDED FOR A
COMPLETE AND PROPER PREPARATION OF THE SITE AND
PROPOSED IMPROVEMENTS.
B. LOCATION AND ELEVATION OF ALL EXISTING IMPROVEMENTS WITHIN
THE AREA OF WORK SHALL BE CONFIRMED BY FIELD MEASUREMENT
PRIOR TO CONSTRUCTION OF NEW WORK.
C. CONTRACTOR TO LOCATE EXISTING UTILITIES IN FIELD PRIOR TO
COMMENCEMENT OF WORK.
D. DEMOLITION ITEMS ON THIS PLAN ARE FOR CONTRACTOR
REFERENCE ONLY. CONTRACTOR IS RESPONSIBLE FOR REMOVAL
OF ALL EXISTING ABOVE AND UNDERGROUND STRUCTURES AS
NECESSARY TO CONSTRUCT PROJECT. (THIS INCLUDES DEMOLITION
AND REMOVAL OF CONCRETE FOOTINGS AND STEEL
REINFORCEMENT)
2. PROJECT CONDITIONS
A. TRAFFIC. CONDUCT SITE PREPARATION WORK TO ENSURE MINIMUM
INTERFERENCE WITH EXISTING ROADS. STREETS, WALKS AND
OTHER ADJACENT OCCUPIED OR USED FACILITIES. DO NOT CLOSE
OR OBSTRUCT EXISTING STREETS, WALKS OR OTHER OCCUPIED OR
USED FACILITIES WITHOUT PERMISSION FROM AUTHORITIES HAVING
JURISDICTION.
B. ERECT TEMPORARY CONSTRUCTION FENCING. BARRICADES.
ENCLOSURES, AND PROTECTION OF ADJACENT PROPERTY AND
EXISTING WORK BEFORE STARTING SITE CLEARING WORK AND
MAINTAIN FOR THE DURATION OF WORK.
C. INSPECT AND REVIEW THE PROJECT SITE TO DETERMINE EXISTING
CONDITIONS WHICH AFFECT CONSTRUCTION OPERATIONS. IT
SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO LOCATE
ALL SUBSTRUCTURES. WHETHER SHOWN HEREON OR NOT, AND
PROTECT THEM FROM DAMAGE. THE EXPENSE OF REPAIR OR
REPLACEMENT OF SAID SUBSTRUCTURES SHALL BE BORNE BY THE
CONTRACTOR.
3. DISPOSITION OF MATERIALS
A. REMOVE MATERIAL TO A LEGAL DISPOSAL AREA EXCEPT THOSE
ITEMS INDICATED TO BE RE-USED.
B. STOCKPILING OF REMOVED MATERIALS ON THE PROJECT SITE WILL
NOT BE PERMITTED WITHOUT WRITTEN APPROVAL FROM THE
RESIDENT ENGINEER.
4. TRUCK HAULING
A. THE CONTRACTOR SHALL SUBMIT A TRUCK HAUL ROUTE PLAN
(11"X17") FOR APPROVAL PRIOR TO STARTING EXPORT OR IMPORT
OF MATERIAL. THE PLAN SHALL BE SUBMITTED TO THE BUILDING
AND DEVELOPMENT OFFICE, ENGINEERING COUNTER AT 1635
FARADAY DRIVE, CARLSBAD. THE CONTRACTOR SHALL OBTAIN A
TRAFFIC CONTROL PERMIT A MINIMUM OF 5 DAYS PRIOR TO
COMMENCING WORK
fsHEE17 CITY OF CARLSBAD ISHEETSI 1---+--+--------------+---11----+---+--L___l__j PARKS&: RECREATION DEPARTMENT 6 l---+--+--------------+--1----+---+--
AV/ARA & HIDDEN CANYON
PARK
l---+--+--------------+--1----+---+--APPROVED BY: xxxxxxxxxxxxxxxxxxxxx
l----+----+--------------+--1----+---+---_____________ XIXXIX.X
EXP. DATE
DATE INITIAL
ENGIN~ OF WORK REVISION DESCRIPTION
OAlE INITIAL DATE INITIAL
01HER "f'PROVAL OTI' APPROVAL
PROJECT NO.
4745
I DRAWING NO.
520-7
Nov. 19, 2019 Item #4 Page 115 of 118
,.:._~':;... ..... 11 ✓/-:...-1·
..... ~~~-:.✓ I
I
I
RAISED PLANTER
AVIARA COMMUNITY PARK PLAYGROUND PLAN ENLARGEMENT (OCEAN WAVES)
KEYMAP
□
••• 1 SCHMIDT • • DESIGN
••• GROUP
OIO.._,,_k.,S.-G,,S..O..,..CAt1Q ...... ...,
~CAltll:tNJ'tt:AZ)l1J9
ISDOPIII0..£1,C , ... ,21 P\.TD,11,Tl ,,.,2-20,11 I
ORAWN9'r IIU ~s, TS JJ
/
/
I
I
PLAYGROUND SURFACING:
SYMBOL DESCRIPTION
§§ [I) BLUE
~ I]] 70% BLUE, 30% AZURE BLUE
~ CD 50% BLUE, 50% AZURE BLUE
ffl;ij [I) 30% BLUE, 70% AZURE BLUE
D m AZURE BLUE
~ m BEIGE
0 II) BROWN
[I) EXISTING SURFACE DRAIN. PROTECT IN PLACE.
BASE BID: 0.5-1.5MM TPV RESILIENT SURFACING
BASE ALTERNATE #1: 1-4MM TPV RESILIENT SURFACING
N.T.S.
ALIPHATIC TOP COATING TO BE PLACED ON BOTH SITES
AND ONE YEAR AFTER CONSTRUCTION.
~ NORTli
CONSTRUCTION NOTES
1. UNLESS SPECIFIED OTHERWISE, LANDSCAPE CONSTRUCTION AND LAYOUT WORK INCLUDES, BUT IS
NOT LIMITED TO THE LOCATION, PLACEMENT AND DETAILING OF THE RESILIENT PAVING TO OCCUR
WITHIN THE PLAY AREA
2. DIMENSIONS INDICATED ON PLANS SHALL PREVAIL OVER PLAN SCALE. ALL ANGLES AND
CONNECTIONS ARE (90) DEGREES UNLESS NOTED OTHERWISE.
3. NO DEVIATIONS FROM PLANS SHALL OCCUR WITHOUT APPROVAL OF THE LANDSCAPE ARCHITECT.
4. ANY PROPOSED WORK THAT IS INCONSISTENT WITH COMMON, SAFE CONSTRUCTION PRACTICES
SHALL BE BROUGHT TO THE ATTENTION OF THE LANDSCAPE ARCHITECT PRIOR TO COMMENCING WITH
CONSTRUCTION.
5. CONTRACTOR SHALL VISIT SITE AND VERIFY ALL FIELD CONDITIONS PRIOR TO BEGINNING
CONSTRUCTION.
6. CONTRACTOR SHALL DETERMINE THE LOCATION AND DEPTH OF ALL SITE UTILITIES PRIOR TO
CONSTRUCTION. NOTIFY LANDSCAPE ARCHITECT OF ANY DISCREPANCIES IMMEDIATELY.
7. CONTRACTOR SHALL SECURE ALL PERMITS AND PAY ALL APPLICABLE FEES TO CONSTRUCT THE
PLANS HEREIN.
8. THE CONTRACTOR SHALL HAVE LANDSCAPE ARCHITECT VERIFY RESILIENT PAVING LAYOUT PRIOR TO
INSTALLATION
9. THE CONTRACTOR SHALL PROVIDE ALL CONSTRUCTION STAKING AND
RE-STAKING REQUIRED TO COMPLETE THE PROJECT.
10. ALL HARDWARE SUCH AS NAILS, BOLTS, FASTENERS ETC. SHALL BE HOT DIPPED GALVANIZED
UNLESS OTHERWISE NOTED.
11. CONTRACTOR SHALL COORDINATE ALL WORK WITH OTHER TRADES AS NECESSARY.
12. CONTRACTOR SHALL PROVIDE SHOP DRAWINGS FOR LANDSCAPE ARCHITECTS REVIEW AND
APPROVAL FOR DETAILS AS NOTED ON THE PLANS AND SPECIFICATIONS.
13. CONTRACTOR SHALL BE RESPONSIBLE FOR DAILY CLEANUP OF THE SITE AND PROVIDING ADEQUATE
SAFETY MEASURES DURING CONSTRUCTION ON A 24 HOUR BASIS.
14. ANY CREDITS ANOOR DEBITS SHALL BE REPORTED TO LANDSCAPE ARCHITECT AT TIME OF
OCCURRENCE FOR PROPER VERIFICATION AND/OR APPROVAL PRIOR TO COMMENCEMENT OF
RES UL TING ACTION.
15. CONTRACTOR SHALL PROVIDE A 24 HOUR PHONE NUMBER AVAILABLE IN CASE OF EMERGENCY.
ACCESSIBILITY NOTES
1. ALL SLOPES SHOWN ON THIS PLAN WERE DESIGNED AT OR BELOW MAXIMUMS ALLOWED BY THE
ADA STANDARDS AND THE C.B.C IN ORDER TO ALLOW FOR CONSTRUCTION TOLERANCES. IT IS THE
CONTRACTORS RESPONSIBILITY TO FAMILIARIZE THEMSELVES WITH ADA STANDARDS IN THE
EVENT THAT A DESIGN QUESTION SHOULD ARISE, OR A FIELD CONDITION PRESENTS ITSELF THAT IS
DIFFERENT THAN SHOWN ON THESE PLANS, WORK SHOULD CEASE AND THE ENGINEER BE
NOTIFIED SO THAT AN ACCEPTABLE SOLUTION CAN BE DETERMINED.
2. THE CONTRACTOR IS ADVISED TO CAREFULLY CHECK ALL PHASES OF WORK RELATING TO ADA
STANDARDS AND THE C.B.C ACCESS FOR THIS PROJECT. SINCE THE CODE DOES NOT ALLOW FOR
A CONSTRUCTION TOLERANCE, AND CONSTRUCTION THAT EXCEEDS MAXIMUM OR MINIMUM
DIMENSIONS AND SLOPES AS CALLED OUT BY ADA STANDARDS AND THE C.B.C ARE SUBJECT TO
REJECTION BY THE CITY AND MAY BE REQUIRED TO BE MOVED AND REPLACED.
3. SINCE THE CIVIL ENGINEER OR SURVEYOR CANNOT CONTROL THE EXACT METHODS OR MEANS
USED BY THE GENERAL CONTRACTOR OR THEIR SUBCONTRACTOR DURING GRADING AND
CONSTRUCTION OF THE PROJECT, THE CIVIL ENGINEER ASSUMES NO RESPONSIBILITY FOR FINAL
ACCEPTANCE OF ADA STANDARDS AND THE C.B.C RELATED ITEMS OF THIS PROJECT BY THE CITY,
ANY OTHER AUTHORITY OR OTHER AFFECTED PARTIES.
COMPLIANCE WITH ADA STANDARDS AND THE C.B.C CONSTRUCTION REQUIREMENTS WILL BE THE
SOLE RESPONSIBILITY OF THE GENERAL CONTRACTOR AND THEIR SUS.CONTRACTORS.
fsiim7 CITY OF CARLSBAD jSHmsl t===jt===t==========================t===t====t===t===j u_j PARKS & RECREATION DEPARTMENT 6
0 5 10
SCALE 1"= 10'--0''
20 OAT[ NTIA&.
"""""'or"°"" REVISION DESCRIPTION OAT[ HTIAL. OAT[ N1\Al
ono Al'flft.OVA&. an ~N..
A VIARA & HIDDEN CANYON
PARK
PROJECT NO.
4745 I DRAWING NO. 520-7
Nov. 19, 2019 Item #4 Page 116 of 118
HIDDEN CANYON COMMUNITY PARK PLAYGROUND PLAN ENLARGEMENT (HIDDEN CANYON CREEK)
r -10·-8"
••• • • • •
SCHMIDT
DESIGN
GROUP
UIO.._._St..Sui.G,~O..,..CAtJ106 ...... ...,
UC C.,.71)1 HY:t't:A2.l4lJ9
~ 0 5 10 20
SCALE 1" = 10'-0" G
PLAYGROUND SURFACING:
SYMBOL DESCRIPTION
§ [J] BLUE
~ [I] STANDARD GREEN
~ m BEIGE
BASE BID. 0.5-1.5MM TPV RESILIENT SURFACING
BASE ALTERNATE #1: 1-4MM TPV RESILIENT SURFACING
EXISTING CONDITION:
N.T.S. ~ NORTH
~ CITY OF CARLSBAD I SHEETS I 1---+--+-------------+--+---t--+------t l2_J PARKS It RECREATION DEPARlMENT 6 1--+--+------------+---t---t--+---;
A VIARA & HIDDEN CANYON
PARK
Nov. 19, 2019 Item #4 Page 117 of 118
0 ~~~I-~.,. UNDER RESILIENT SURFACING
LEGEND
CD EXISTING SOIL SUBGRADE.
0 WEAR LA YER COLOR A PER PLAN.
0 WEAR LAYER COLOR B PER PLAN.
0 CUSHION LAYER PER MANUFACTURER.
® EXISTING GRAVEL OR CONCRETE BASE.
® 1" MINIMUM OVERLAP OF WEAR LAYER COLORS AT COLOR JOINTS.
NOTE
~PRIME THE OVERLAP AREA OF WEAR LAYER COLOR A WITH ALIPHATIC
POLYURETHANE BINDER IMMEDIATELY PRIOR TO APPLICATION OF WEAR
LA YER COLOR B.
4 TOT-LOT SAFETY SURFACING COLOR JOINTS
NTS
LEGEND G: ACCESSIBLE POURED-IN-PLACE RESILIENT SURFACING
G) BASE MAT PER CRITICAL FALL HEIGHT POURED IN PLACE SBR AND
URETHANE PER MANUFACTURES SPECIFICATIONS
(i: COMPACTED SUBGRADE
8) 12" SQUARE PLASTIC CATCH BASIN WITH COVER GRATE.
~ 4" SOLID PVC DRAIN PIPE. SEE GRADING PLAN FOR CONTINUATION
® EXISTING GRAVEL OR CONCRETE SUBBASE FOR RESILIENT SURFACING.
CD COVER DRAIN INLET GRATE WITH GEOTEXTILE FABRIC
NOTES
A RESILIENT SURFACING TO BE FLUSH AND LEVEL WITH SURROUNDING
CONCRETE SURFACING IN ENTIRETY.
••• ••• •••
SCHMIDT
DESIGN
GROUP
B10Ro•,.l'cran5 ~! 5,11t~ G <;~., D•~ro (,t. <;,2106
6192lt,1462
SDGPROJECTNIJ 18---412 PLTOAT[ 1•.12-2019
LEGEND
G:f~1~TING CONCRETE PAVEMENT WITH
THICKENED EDGE 0 EXISTING SUB-GRADE.
0 COLOR WEAR LAYER PER MANUFACTURER.
0 CUSHION LAYER PER MANUFACTURER
® EXISTING GRAVEL OR CONCRETE
BASE.
® EXISTING 1" x 1" KEY IN CONCRETE
BASE
(i) 45 DEG CHAMFER
NOTE
A. SLOPE CONCRETE BASE FOR RESILIENT
SURFACING TOWARD TOT LOT
DRAINAGE. SEE CIVIL PLANS.
LEGENQ:
(1) ACCESSIBLE POURED-IN-PLACE
.• RESILIENT SURFACING
0 CUSHION LAYER PER MANUFACTURER
0 ADJACENT SURFACING PER PLANS
0 THICKENED EDGE IS FLUSH WITH
RESILIENT SURFACING ® EXISTING COMPACTED SUBGRADE.
-~ EXISTING PVC DRAIN PIPE
'7'· EXISTING GRAVEL OR CONCRETE
~ SUS.BASE FOR RESILIENT SURFACING
s· EXISTING 4" ROUND DRAIN INLET FLUSH
\Cj WITH RESILIENT SURFACING.
NOTES.
A. RESILIENT SURFACING TO MEET
FLUSH AND LEVEL WITH
SURROUNDING CONCRETE
SURFACING IN ENTIRETY
EXISTING 4" DRAIN AT RESILIENT SURFACING 2 "5' = 1 '-VJ' PER CONSUL TANT S GUIDE TO PARK DESIGN AND DEVELOPMENT -CIT'! OF SAN DIEGO DETAIL [)-1 3 ,~ = 1'-0"
~ CITY OF CARLSBAD I SHEETS I 1---1---1---------------1--+---t--+---i ~ PARKS &: RECREATION DEPARTMENT 6 1---1---1---------------f--+---t--+---i
A VIARA & HIDDEN CANYON
PARK
xxxxxxxxxxxxxxxxxxxxx
DATE INITIAL
ENGINEER OF WORK REVISION DESCRIPTION
DA. TE INITIAL DATE INITIAL
OTHER APPROVAL OTY APPROVAL
PROJECT NO.
4745
I DRAWlNG NO.
520-7
Nov. 19, 2019 Item #4 Page 118 of 118