Loading...
HomeMy WebLinkAboutWESTERN GARDENS LANDSCAPE; 2011-08-16; PWS11-34PKSCITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS, GENERAL, AND SUPPLEMENTAL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR PINE PARK MADISON PROPERTIES (PHASE I) IMPROVEMENTS CONTRACT NO. 45071 BID NO. PWS11-34PKS Revised 06/10/09 Contract No. 45071 Page 1 of 97 Pages TABLE OF CONTENTS Item Page Notice Inviting Bids 6 Contractor's Proposal 10 Bid Security Form 14 Bidder's Bond to Accompany Proposal 15 Guide for Completing the "Designation Of Subcontractors" Form 17 Designation of Subcontractor and Amount of Subcontractor's Bid Items 19 Bidder's Statement of Technical Ability and Experience 20 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation 21 Bidder's Statement Re Debarment 22 Bidder's Disclosure of Discipline Record 23 Non-Collusion Affidavit to Be Executed by Bidder and Submitted with Bid 25 Contract Public Works 26 Labor and Materials Bond 32 Faithful Performance/Warranty Bond 34 Optional Escrow Agreement for Surety Deposits in Lieu of Retention 36 Revised 06/10/09 Contract No. 45071 Page 2 of 97 Pages GENERAL PROVISIONS Section 1 Terms, Definitions Abbreviations and Symbols 1-1 Terms 39 1-2 Definitions 39 1-3 Abbreviations 44 1-4 Units of Measure 47 Section 2 Scope and Control of The Work 2-1 Award and Execution of Contract 48 2-2 Assignment 48 2-3 Subcontracts 48 2-4 Contract Bonds 50 2-5 Plans and Specifications 50 2-6 Workto be Done 53 2-7 Subsurface Data 53 2-8 Right-of-Way 53 2-9 Surveying 53 2-10 Authority of Board and Engineer 54 2-11 Inspection 55 Section 3 Changes in Work 3-1 Changes Requested by the Contractor 55 3-2 Changes Initiated by the Agency 55 3-3 Extra Work 56 3-4 Changed Conditions 59 3-5 Disputed Work 60 Section 4 Control of Materials 4-1 Materials and Workmanship 63 4-2 Materials Transportation, Handling and Storage 67 Section 5 Utilities 5-1 Location 67 5-2 Protection 68 5-3 Removal 68 5-4 Relocation 68 5-5 Delays 69 5-6 Cooperation 69 Section 6 Prosecution, Progress and Acceptance of the Work 6-1 Construction Schedule and Commencement of Work 70 6-2 Prosecution of Work 71 6-3 Suspension of Work 72 6-4 Default by Contractor 72 Revised 06/10/09 Contract No. 45071 Page 3 of 97 Pages 6-5 Termination of Contract 73 6-6 Delays and Extensions of Time 73 6-7 Time of Completion 74 6-8 Completion, Acceptance, and Warranty 75 6-9 Liquidated Damages 75 6-10 Use of Improvement During Construction 75 Section 7 Responsibilities of the Contractor 7-1 Contractor's Equipment and Facilities 76 7-2 Labor 76 7-3 Liability Insurance 76 7-4 Workers'Compensation Insurance 76 7-5 Permits 77 7-6 The Contractor's Representative 77 7-7 Cooperation and Collateral Work 77 7-8 Project Site Maintenance 78 7-9 Protection and Restoration of Existing Improvements 79 7-10 Public Convenience and Safety 80 7-11 Patent Fees or Royalties 83 7-12 Advertising , 83 7-13 Laws to be Observed 83 7-14 Antitrust Claims 83 Section 9 Measurement and Payment 9-1 Measurement of Quantities for Unit Price Work 84 9-2 Lump Sum Work 84 9-3 Payment 84 SUPPLEMENTAL PROVISIONS TO PART 2 AND 3 OF THE SSPWC PART 2 Construction Materials Section 200 Rock Materials 200-1 Rock Products 88 200-2 Untreated Base Materials 89 Section 207 Pipe 207-25 Underground Utility Marking Tape 90 Section 212 Landscape and Irrigation Materials In addition to the Supplemental Provisions to Part 2 of the SSPWC listed below, CSI Formatted Specifications 02810 Landscape Irrigation and 02900, Landscape Planting, are included in these contract documents (Part 4) and shall take precedence over Section 212 of the Supplemental Provisions. 212-1 212-2 212-3 Landscape Materials 91 Irrigation System Materials 91 Electrical Materials 91 Section 213 Engineering Fabrics 213-2 213-3 Geotextiles 91 Erosion Control Specialties 92 Revised 06/10/09 Contract No. 45071 Page 4 of 97 Pages PART 3 Construction Methods Section 300 Earthwork 300-1 Clearing and Grubbing 93 300-2 Unclassified Excavation 93 300-4 Unclassified Fill 94 300-9 Geotextiles for Erosion Control and Water Pollution Control 94 300-13 Storm Water Pollution Prevention Plan 95 Section 308 Landscape and Irrigation Installation In addition to the Supplemental Provisions to Part 3 of the SSPWC listed below, CSI Formatted Specifications 02810 Landscape Irrigation and 02900, Landscape Planting, are included in these contract documents and shall take precedence over Section 212 of the Supplemental Provisions. 308-2 Earthwork and Topsoil Placement 96 PART 4 CSI FORMATTED TECHNICAL SPECIFICATIONS DIVISION 02 - SITE WORK 02110 Clearing, Grubbing, and Stripping .02115 Tree Protection and Trimming 02810 Landscape Irrigation 02900 Landscaping Planting 02951 Landscape Maintenance Revised 06/10/09 Contract No. 45071 Page 5 of 97 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 2:00 PM on June 28. 2011 the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: All labor, materials, equipment and other associated items to complete landscape irrigation, planting of trees, shrubs, and groundcover, erosion and water runoff protection (during construction operations) and mulching of new landscape bed areas, landscape edging as specified on plans and in accordance with the contract documents. Work under this contract shall also include minimal site grading of large undeveloped park area. PINE PARK MADISON PROPERTIES (PHASE I) IMPROVEMENTS CONTRACT NO. 45071 BID NO. PWS11-34PKS INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by 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 substituted 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 jurisdiction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans, provisions, and specifications as approved by the City Council of the City of Carlsbad on file with the Parks and Recreation Department. Park Development division. The specifications for the work include City of Carlsbad Technical Specifications (Part 4-CSI Formatted Specifications), and Supplemental Provisions to the Standard Specifications for Public Works Construction, Parts 2 & 3, as well as the current Standard Specifications for Public Works Construction, including the current editions 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 Provisions (Part 1) to the SSPWC do not apply. €5•f' Revised 06/10/09 Contract No. 45071 Page 6 of 97 Pages The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly executed including notarization, where indicated. 1. Contractor's Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit 4. Designation of Subcontractor and Amount of Subcontractor's Bid 5. Bidder's Statement of Technical Ability and Experience 6. Acknowledgement of Addendum(a) 7. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 8. Bidder's Statement Re Debarment 9. Bidder's Disclosure Of Discipline Record 10. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) 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 for the project is $58. 590. TIME OF COMPLETION: The contractor shall complete the Work within 45 calendar days and per the time set in the contract as defined in the General Provisions Section 6-7. 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 submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be 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. Classification C27 Description Landscaping ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. Revised 06/10/09 Contract No. 45071 Page 7 of 97 Pages OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $20.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or 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 specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. 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. THE PAYMENT OF PREVAILING WAGES IS NOT REQUIRED The City of Carlsbad is a Charter City. Carlsbad Municipal Code Section 3.28.130 supersedes the provisions of the California Labor Code when the public work is not a statewide concern. The City Council has determined that it is not in the best interest of the city to require the payment of prevailing wages for this project. Payment of prevailing wages is at contractor's discretion. PRE BID MEETING A non mandatory pre-bid meeting and tour of the project site will be held at 10:00 am, June 9, 2011, at the project site, 799 Pine Ave. Carlsbad, CA, 92008. The meeting and tour will begin at the Senior Center, west entrance. UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of a lump sum for a schedule of values as shown on the contractors proposal form as complete work including all fees, equipment, labor and materials associated with carrying out the work in accordance with the plans and specifications. In case of a discrepancy between words and figures, the words shall prevail. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. ADDENDUMS Bidders are required 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. Revised 06/10/09 Contract No. 45071 Page 8 of 97 Pages OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $50.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or 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 specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. 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. THE PAYMENT OF PREVAILING WAGES IS NOT REQUIRED The City of Carlsbad is a Charter City. Carlsbad Municipal Code Section 3.28.130 supersedes the provisions of the California Labor Code when the public work is not a statewide concern. The City Council has determined that it is not in the best interest of the city to require the payment of prevailing wages for this project. Payment of prevailing wages is at contractor's discretion. PRE BID MEETING A non mandatory pre-bid meeting and tour of the project site will be held at 10:00 am, June 9, 2011, at the project site, 799 Pine Ave. Carlsbad, CA, 92008. The meeting and tour will begin at the Senior Center, west entrance. UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of a lump sum for a schedule of values as shown on the contractors proposal form as complete work including all fees, equipment, labor and materials associated with carrying out the work in accordance with the plans and specifications. In case of a discrepancy between words and figures, the words shall prevail. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. ADDENDUMS Bidders are required 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. Revised 06/10/09 Contract No. 45071 Page 8 of 97 Pages 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 Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess 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 commissioner. 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 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover 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: Dare Deputy City Clerk Revised 06/10/09 Contract No. 45071 Page 9 of 97 Pages OPENED, WITNESSED AND R CITY OF CARLS£AiFE PINE PARK MADISON PROPERTIES (PHASE 1) IMPROVEMENTS CONTRACT NO. 45071 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. 45071 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 Bid Schedule item complete, to wit: SCHEDULES The Contractor proposes the following schedule of values and corresponding bids for this project. SCHEDULE A: All materials, labor and equipment to install trees (Quercus Ilex) and tree bubblers as shown on project plans and as specified herein. Total amount of bid in numbers for Schedule A: $. Total amount of bid in words for Schedule A: SCHEDULE B: All materials, labor and equipment to install landscape edging materials at landscape planting areas as shown on project plans and specified herein. Total amount of bid in numbers for Schedule B: $ \jOOQ Tojtal amount of bid in words for Schedule B: Pfeft SCHEDULE C; All materials labor and equipment to install all remaining work, excluding items in Schedule A & B above, as shown on project plans and specified herein. Total amount of bid in numbers for Schedule C: $ _ . Total amount^of bid in words for Schedule c^>rT Revised 06/10/09 Contract No. 45071 Page 10 of 97 Pages Bid Total Total amount of bid in numbers for the sum of Bid Schedule Items A,B & C and for the entire scope of work as defined in the contract documents. $ ^\ 1 , ^ *b (9 _ Total amount of bid in words for the sum of Bid Schedule Items A,B & C and for the entire scope of work as defined in the contract document. -PorH Jve^-VvvOoW^ A PROCEDURE FOR AWARD OF CONTRACT The award of contract will be based upon the lowest responsive bid as submitted for the "Bid Total". 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 febT-SbO _ , classification £i^7 _ which expires on \ /"SX/T-o \^ _ , 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 shad 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: 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 ex DP.-xc _ (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. Revised 06/10/09 Contract No. 45071 Page 11 of 97 Pages Check a License - Contractors State License Board Page 1 of2 of Consumer Affairs Contractors State License Board Contractor's License Detail - License # 662550 £AJs DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (B&PTWAjQ If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per B&P 7071.17 , only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number Business Information Entity: Issue Date Expire Date License Status Additional Status: Classifications: Bonding: 662550 Extract Date: 6/28/2011 WESTERN GARDENS LANDSCAPING INC 4616 PANNONIA ROAD CARLSBAD, CA 92008 Business Phone Number:(760) 720-1459 Corporation 01/08/1993 01/31/2013 This license is current and active. All information below should be reviewed. CLASS C27 DESCRIPTION LANDSCAPING CONTRACTOR'S BOND This license filed Contractor's Bond number SC6315745 in the amount of $12,500 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date: 03/02/2009 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL 1 . The Responsible Managing Officer (RMO) VASILIEFF GREGORY NIKOLIA certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 01/08/1993 BQI's Bonding History This license has workers compensation insurance with the Workers' Compensation: Policy Number:WCC001023501 https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=66... 6/28/2011 Check a License - Contractors State License Board Page 2 of 2 Effective Date: 01/01/2011 Expire Date: 01/01/2012 Workers' Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. Personnel List [~~ OtheTucenses ~] Conditions of Use | Privacy Policy Copyright © 2010 State of California https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=66... 6/28/201 The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. 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 Revised 06/10/09 Contract No. 45071 Page 12 of 97 Pages IF A CORPORATION. SIGN HERE: (business is conducted W £S\£ rn(1) Name un< res;Ae/iV (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of (4) Place of Business l^blt? xgnnOi s~- \ \ i /Street and Number) City and State UacvSb(xdJ CA- fl^/tog (5) Zip Code (6) E-Mail _ Telephone No. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED List below names of president, vice president, secretary and assetajitisecretary, if a corporation; if a partnership, list names of all general partners, and managing ^-*—l~' ' Jurat OFFICIAL SEAL ABE ISSA ALBANNA IOTARY PUBLIC-CALIFORNIA COMM. NO. 1932406 SAN DIEGO COUNTY MY COMM. EXP. MAY 11,2015 Revised 06/10/09 Contract No. 45071 Page 13 of 97 Pages BID SECURITY FORM (Check to Accompany Bid) PINE PARK MADISON PROPERTIES (PHASE 1) IMPROVEMENTS CONTRACT NO. 45071 (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 shajMae accepted by the City through action of its legally constituted contracting authorities and the u/raersigned shall fail to execute a contract and furnish the required Performance, Warranty arya Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the cjreck 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 notwithstandincnhe award of the contract to another bidder. BIDDER *Delete the'inapplicable word. (NO/E: 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.) Revised 06/10/09 Contract No. 45071 Page 14 of 97 Pages f~\r"> c D *sJei ""i PiNE PARK MADISON PROPERTIES (PHASE CONTRACT NO, 45071 PROPOSAL IMPROVEMENTS KNOW ALL PERSONS BY THESE PRESENTS: That we, Western Gardens Landsf.arvi a^Prirxfoal. and Wes-h^m Surety Company as Surety are held and firmly bound unto the City or Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) $5,859 f°r which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for: PINE PARK MADISON PROPERTIES {PHASE 1) IMPROVEMENTS CONTRACT NO. 45071 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. Revised 06/10/09 Contract No. 45071 in the event Principal executed this bond as an individual, it is agreed thai ins assr r -• snaii net exonerate the Surety from its obligations under this bond. Ex5Du;ed by PRINCIPAL this/ 27th day of June 20 11 ndscapinq, Inc Executed by SURETY this 27th of June 2C 11 re) yt! <9\ Alo V- ':'- and Organisation of Sigriatorun r'ht name here) SURETY: Western Surety Company (name of Surety) PO Box 5077. Sioux Falls. SD 57117 (address of Surety) 800-331-6053 (telephone number of Surety) By: ;i;.e and organization of siciatory (signature of Attorn'ey-in-Fact) Jim Farris name of Attorney-in-Fact i Attach corporate resolution showing current power of attorney.) ;Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.; President or vice-president and secretary or assistant secretary must sign for corporations. If 3r,e officer signs, the corporation must attach a resolution certified by the secretary or assis secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy City Attorney Subscribed nod iwjty to. 20 \\ by Revised 06/10/09 Contract No. 45071 a 1OFFICIAL SEALABE ISSA ALBANNA „NOTARY PUBLIC-CALIFORNIA^ COMM. NO. 1932406 -SAN DIEGO COUNTY • MY COMM, GXP. MAY 11,2015 i Jurat evitetobe^ CNA 6/24/2011 3:31:40 PM PAGE 2/004 Fax Server V\festern Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No.71130443 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organi2ed and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint KIMBERLY ANN FARRIS its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Western Gardens Landscaping, Inc. Obligee: City of Carlsbad Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by aiithority of the following bylaw of Western Surety Company which remains in full force and effect. "Section ?. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretar5', or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of 7011 , but until such time shall be irrevocable and in full force and effect. September 28 In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T. Bruflat. and its corBQjaJj|j5eal to be affixed this 28th day of June . 2011 .A^lSFr®^... COMPANY On this 28th day of June inior Vice President _, iu Lhe year 2011 , before me, a iiuLary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. D. KRELL vNOTARY PUBLIC/ DAKOTA lotary Public - South Dakota My Commission Expires November 30, 2012 I the undersigned officer of Western Surety Company, a at&ck corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set fnrtb in the Power of Attorney i? now in force. In teatimonj' whereof, I have hereunto set my hand and seal of Western Surety Company this ^o tn June > 2011 . WE Form F530S-9-2006 . day of COMPANY Paul T. Bruflat/Senior Vice President CNA 6/24/2011 3:31:40 PM PAGE 1/004 Fax Server I I Acknowledgment of Principal [Xl Acknowledgment of Surety (Attoruey-in-Fact) STATE OF CALIFORNIA COUNTY OF SACRAMENTO 1 On date before me, here insert name and title of theiJ& KIMEER1Y ANN FARRISpersonally appeared namfi(F) of signer(s) who proved to me on the basis of satisfactory evidence to be the person^T whose namej^Tis/are subscribed to the within instrument and acknowledged to me that h^ine/they executed the same in hi^Kgntheir authorized capacity£esX and that by his^jj^Wcheir signature(s) on the instrument the person^" or the entity upon behalf of which the person(s)" acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNTJgSmy hand and official seal. _Z .(Seal) S. JOHNSON Commission # 1886481 Notary Public • California I Sacramento County g My Comm. Expires May 12,20141 (The balance of this page is intentionally left blank.) Western Surety Company Form 1900-1-2008 Company Profile Page 1 of 2 Company Profile WESTERN SURETY COMPANY P.O. BOX 5077 SIOUX FALLS, SD 57117-5077 Agent for Service of Process JERE KEPPJOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH ST LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? rveference Information NAIC#: 13188 NAIC Group #: 0218 California Company ID #: 0761-7 Date authorized in California: July 29, 1930 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: SOUTH DAKOTA Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. LIABILITY SURETY Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies http://interactive.web.insurance.ca.gov/webuser/idb_co_prof_utl.get_co_prof?p_EID=2977 6/28/2011 Company Profile Page 2 of 2 Want More? Help Me Find a Company Representative in My Area Last Revised - May 26, 2011 01:14 PM Copyright © California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb_co_prof_utl.get_co_prof?p_EID=2977 6/28/2011 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 performance 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 California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information maV 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 Subcontractor- installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a 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 determined 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. Revised 06/10/09 Contract No. 45071 Page 17 of 97 Pages 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. QRevised 06/10/09 Contract No. 45071 Page 18 of 97 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) PINE PARK MADISON PROPERTIES (PHASE 1) IMPROVEMENTS CONTRACT NO. 45071 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 Portion of Work Subcontractor Name and Location of Business <^ \ - NWvVsi°V Subcontractor's License No. and Classification* Amount of Work by Subcontractor in Dollars* Page of pages of this Subcontractor Designation form Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." Revised 06/10/09 Contract No. 45071 Page 19 of 97 Pages BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) PINE PARK MADISON PROPERTIES (PHASE 1) IMPROVEMENTS CONTRACT NO. 45071 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 Contract Completed Name and Address of the Employer Vx ,%T ^. o J>r/ Name and Phone No. of Person to Contract V>(r\^ Type of Work Amount of Contract Revised 06/10/09 Contract No. 45071 Page 20 of 97 Pages Date Contract Completed On-going On-going On-going On-going On-going 3/2010 12/2009 On-going On-going 1/2009 2005 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE Name and Address of the Employer The Cape at Calavera Hills HOA Middleton Dr. Woodstock Dr., Lancaster Dr. and surrounding hillsides, Carlsbad, CA 92010 Villa Loma Apartments 6421 Tobria Terrace Carlsbad, CA 92011 Canyon Rim Apartments 1 0845 Via Los Narcisos San Diego, CA92129 Hidden Meadows Ranch HOA Hidden Meadows Rd. Escondido, CA 92056 Carlsbad Woodridge HOA Avenue of the Trees Carlsbad, CA 92008 The Forum Shopping Center La Serena Apartments 15639 Avenida Alcachofa San Diego, CA92128 The Lido HOA 8275 Station Village Lane, Ste 3100 San Diego, CA92108 Ravari Residence Rippey Residence 3570 Jasmine Crest Olivenhain, CA 92024 Name and Phone No. of Person to Contact Ryan Carter Phone #: 760-420-3391 Steve Valencia 760-929-7555 Stacy Wells 858-824-6489 Chuck Smith schmitt8@cox. net Sally Streicher 760-720-9517 Rodrigo Sada 760-479-0166X7 Adreanne Devlin 858-451-2800 Maureen Coobatis 619-299-5436 Shahriar Ravari 858-420-1732 Caren Rowlands 916-614-7201 Type of Work Landscape Maintenance, Improvements Installation of E.T. Irrigation Controllers, Tree Planting, Planting, Irrigation Landscape Maintenance, Improvements, Planting Landscape Maintenance, Improvements Installation of E.T. Irrigation Controllers, Tree Planting, Planting, Irrigation Landscape Maintenance, Improvements Installation of E.T Irrigation Controllers, including Solar Irrigation Controller, Tree Planting, Planting, Irrigation Lansdcape Maintenance, Improvements, Installation of Irrigation Controllers, Tree Planting, Planting, Irrigation Spring Flower Installation Christmas Flower Installation Tree Planting, Installation E.T Irrigation Controllers, Planting, Landscape Maintenance Tree Planting, Irrigation, Planting Landscape Maintenance Back yard and Front yard Landscape Installation, planting, irrigation Landscape Installation including Grading, Tree Planting, Planting, Lawn, etc. Amount of Contract $144,000 Various $144,000 $145,000 Various $96,000 Various $72,000 Various $12,000 $12,000 $72,000 Various $48,000 Various $10,000 $250,000 BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) PINE PARK MADISON PROPERTIES (PHASE 1) IMPROVEMENTS CONTRACT NO. 45071 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: [5f Comprehensive General Liability Or Automobile Liability t]K Workers Compensation Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cover 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. Revised 06/10/09 Contract No. 45071 Page 21 of 97 Pages OP ID: KP ACOKD- CERTIFICATE OF LIABILITY INSURANCE VTE (MM/DD/YYYY) 07/29/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES "LOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED PRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 760-804-0402 Marrs Maddocks & Associates ... on. „„.,,,Insurance Svcs, Inc. #081 8269 760-804-0942 1903 Wright Place, Suite #280 Carlsbad, CA 92008 E. Glenn Abies, CIC INSURED Western Gardens Landscaping, Inc. 4616 Pannonia Rd. Carlsbad, CA 92008 CONTACTNAME: PHONE FAX(A/C. No. Ext): (A/C, No): E-MAILADDRESS: PRODUCER WP«STPfl9CUSTOMER ID #: WtO 1 tO^! INSURER(S) AFFORDING COVERAGE INSURER A :Delos Insurance Company INSURER B : INSURER C: INSURER D : INSURER E: INSURER F: NAICS 35408 COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRLTRj A A TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY I CLAIMS-MADE | X [ OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: IMPOLICY! KERr°f I I LOG AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS , SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS UMBRELLA LIAB EXCESS LIAB I DEDUCTIBLE ! RETENTION $ OCCUR CLAIMS-MADE WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y ; N ANY PROPRIETOR/PARTNER/EXECUTIVE I 1OFFICER/MEMBER EXCLUDED?(Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below ADDL INSR X X N/A SUBR WVD POLICY NUMBER DPA5502811@2 DPA5502811@2 POLICY EFF(MM/DD/YYYY) 01/31/11 01/31/11 POLICY EXP(MM/DD/YYYY) 01/31/12 01/31/12 LIMITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) $ 1,000,000 $ 100,000 $ 5,000 $ 1,000,000 $ 2,000,000 $ 2,000,000 $ $ 1,000,000 $ $ $ $ $ EACH OCCURRENCE $ AGGREGATE $ $ $ j WCSTATU- I 101H-!1 TORY LIMITS ! ! ER EL EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) City of Carlsbad is included as additional insureds as required by written contract on the General Liability per form AC2037 0707 (Blanket) and Auto Liability. **See attached for complete Additional Insured wording** CERTIFICATE HOLDER CANCELLATION CARLSBA City of Carlsbad Public Works Purchasing Department - Attn: Kevin Davis 1635 Faraday Avenue Carlsbad, CA 92008-7314 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE THE EXPIRATION DATE THEREOF, NOTICE WILL ACCORDANCE WITH THE POLICY PROVISIONS. CANCELLED BEFORE BE DELIVERED IN AUTHORIZED REPRESENTATIVE <^P^>$$— " ACORD 25 (2009/09) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD MnT_DAn_ HOLDER CODE CARLSBA WESTE02 PAGE 2 INVJ I ErAU. INSURED^ NAME Western Gardens Landscaping, OP ID: KP DATE 07/29/11 The City of Carlsbad, its officials, employees and volunteers are named asadditional insured hereunder as respects liability arising out ofactivities performed by or on behalf of the Named Insured. Coverage underthis policy shall be primary insurance as respects the City, itsofficials, employees and volunteers. This policy will not be canceled,materially changed nor the amount of coverage reduced until thirty (30) days after receipt of written notice of cancellation of reduction incoverage by the City Clerk of the City of Carlsbad, California. It is hereby understood and agreed that the policy to which this Certificate refers may not be canceled, materially changed, nor the amountof coverage thereof reduced until ten (10) days after receipt of writtennotice of cancellation or reduction in coverage by the City Clerk of theCity of Carlsbad. Coverage under this policy shall be primary andnoncontributing with any other insurance available to the City of Carlsbad. POLICY NUMBER: DPA5502811@2 COMMERCIAL GENERAL LIABILITY AC 2037r 0707 (Blanket) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) or Organizations):Location And Description of Completed Operations Bianket as required by written contract and effective during the policy period as stated in the policy declarations. Blanket as required by written contract. Primary Insurance applies: It is agreed that such insurance as is afforded by this policy for the benefit of the Additional Insured shown shall be primary insurance, and any other insurance maintained by the Additional Insured(s) shall be excess and noncontributory as respects any claim, loss or liability allegedly arising out of the operations of the named insured, provided however that this insurance will not apply to any claim loss or liability which is determined to be solely the result of the Additional Insured's negligence or solely the Additional Insured's responsibility. Information required to complete this Schedule, if not shown above will be shown in the Declarations. Section II - Who Is An Insured is amended to include as an Additional Insured the person or organization shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard" AC 20 37 0707 (Blanket)SO Properties, Inc., 2004 Page 1 of 1 AMCA97996 POLICY NUMBER: DPA5502811@2 COMMERCIAL GENERAL LIABILITY AC 24 04 0707 (Blanket) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Blanket as required by written contract and effective during the policy period as stated in the Declarations. (If no entry appears above, information required to complete this endorsement will be shown In the Declarations) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV-COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. Page 1 of 1 AC 24 04 0707 if 7/29/2011 15:32 LCIS Kim Saens-* Western Gardens Landscaping In 2/2 ACORD CERTIFICATE OF LIABILITY INSURANCE "?£%£ PRODUCER (559)650-3555 FAX: (559)650-3558 Landscape Contractors (Lic#0755906) Insurance Services, Inc. 1835 N. Fine Avenue Fresno CA 93727 INSURED Western Gardens Landscaping, Inc. 4616 Pannonia Road Carlsbad, CA 92008 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A Tower select Ins Co/ INSURE? B: Tower Group Companies INSURED C: INSURER 0: INSURED £: NAICtf 44300 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICYPERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAYPERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BYPAID CLAIMS. INSRLTR A ADD'L NSRP TYPE OF INSURANCE GENERAL LIABILITY G& COMMERCIAL GENERAL LABILITY (CLAMS MADE ( (OCCUR 11 AGGREGATE JMIT APPLIES PER- POLICY | IJECT I | LOG- AUTOMOBILE LIABILITY GAF EXC 1 ANY AUTO ALLOWNbUAUIOS SCHEDULED AUTOS HIRED AUTOS NON-OWJtD AU 1 OS <AGE LIABILITY ANY AUTO ESS / UMBRELLA LIABILITY OCCUR |_ ) CLAIMS MADE DtJUCIIBLt RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y/N ANY PROFRIETOR/PARTNEROEOJTIVE i — iOFFICER/MEMBER EXCLUDED?(Mandatory in NH) ' ' If yes. describe underSPECIAL PROVISIONS below OTHER POLICY NUMBER «CC 0010235 01 POLICY EFFECTIVEDATE[MM(DDfYYYY) 1/1/2011 POLICY EXPIRATIONDATE fMMIDCWYYYY) 1/1/2012 LIMITS tACH OCCUKKtNCt DAMAGE TO RENTEDPREMISES (Ea occurrerce) MED EXP (Any one person) PERSONAL & AUV INJLKY GENERAL AGGREGATE PRODUCTS - COVtP/OP AGG COMBINED SINGLE LIMIT(Ea accident) BODILY INJURY (Per person) BODILY INJURY(Par accident) PROPERTY DAMAGE(Per accident) AU 1 J ONLY - EA ACCIUhN 1 nTHEP THAN ACC AUTO ONLY: AGG tAUH OCCUKKtNCt AGGREGArE v 1ACSTATU- I IOTH- * TORY LIMITS 1 1 ER t.L.tACHACCIUtNl EL DISEASE - EA EMROYEE E.L. DISEASE - POLICY L WIT *$ $ $ $ $ $ $ $ $ $ $ $ *$ $ $ $ $ 1,000,000 $ 1,000,000 $ 1,000,000 RE: Ml landscape operations performed by or on behalf of the named insured. ***** Note a 10-day notice of cancellation will be given for non-payment of premiums or non-reporting of payroll *** CERTIFICATE HOLDER CANCELLATION City of Carlsbad Public Works Purchasing Department 1635 Faraday Avenue Carlsbad, CA 92008-7314 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WLL ENDEAVOR TO MAIL 3 0 DAyS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE -_.^T^.-t^i-j'-^ •: > • J^tj --^--~~. •- D Cerkueira/KSAENZ ~ ACORO 25 (2009/01) INS025 (20090D © 1988-2009 ACORD CORPORATION. All rights reserved. BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) PINE PARK MADISON PROPERTIES (PHASE 1) IMPROVEMENTS CONTRACT NO. 45071 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 CONTRACT (print name/title) Page of pages of this Re Debarment form ^*W Revised 06/1 0/09 Contract No. 45071 Page 22 of 97 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) PINE PARK MADISON PROPERTIES (PHASE 1) IMPROVEMENTS CONTRACT NO. 45071 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their 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 Revised 06/10/09 Contract No. 45071 Page 23 of 97 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) PINE PARK MADISON PROPERTIES (PHASE 1) IMPROVEMENTS CONTRACT NO. 45071 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 CONTRAGtOR: (print rtame/title) ' 'T Page of pages of this Disclosure of Discipline form Revised 06/10/09 Contract No. 45071 Page 24 of 97 Pages NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 PINE PARK MADISON PROPERTIES (PHASE 1) IMPROVEMENTS CONTRACT NO. 45071 State of California County of ) ss. , being first duly sworn, deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that 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, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that 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, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. under penalty of perjury that the foregoing is true and correct and that this affidavit was day of -Avmf __ 20 1 1 . Subscribed and sworn to before (NOTARY SEA^ I xSCEfev OFFICIAL SEAL I1 x&'^ViQs, ABE ISSA ALBANNA * Signature .NOTARY PUBLIC-CALIFORNIA'S OOMM. NO. 1932406 -SAN DIEGO COUNTY •MYCQMM.eXP.MAYn.2015 \ Revised 06/10/09 Signature of Notary Contract No. 45071 Page 25 of 97 Pages Citv of Carlsbad Public Works - Contract Administration June 20, 2011 ADDENDUM NO. 1 RE: PINE PARK MADISON PROPERTIES (PHASE 1) IMPROVEMENTS, BID NO. PWS11-34PKS Please include this addendum in the Request for Bid package you have for the above project: This page—receipt acknowledged—must be attached to your bid when it is submitted. CEVIN DAVIS Sr. Contract Administrator ACKNOWf-EDGE^ECEIPT OF ADDENDUM NO. 1 1635 Faraday Avenue • Carlsbad, CA 92008-7314 - (7GO) 602-4677 • FAX (760) 602-8562 ADDENDUM NO. 1 PINE PARK MADISON PROPERTIES (PHASE1) IMPROVEMENTS AS PART OF CONTRACT NO. 45071 BID NO. PWS11-34PKS City of Carlsbad Carlsbad, California JUNE 17, 2011 City of Carlsbad Parks & Recreation - Park Development 799 Pine Ave., Suite 200 Carlsbad, CA 92008 Liz Ketabian, Park Planner NOTICE: This Addendum forms a part of the Contract Documents for the above identified project and modifies portions of the original Plans and Contract Specifications. Documents not specifically mentioned in this Addendum remain in full force. Acknowledge receipt of this Addendum on the Bid Form. Failure to do so may subject bidder to disqualification. All trades affected shall be fully advised of these changes, deletions, or additions. This Addendum No. 1 consists of (3) pages and (2) items. AH ITEMS IN THIS ADDENDUM PERTAIN TO SHEET L-2. IRRIGATION PLAN Item 1- Miscellaneous Irrigation Plan Revisions and Additional Irrigation Work Requirements Additional irrigation revisions as indicated in cloud details and underlined text as shown on Attachments A and B of this addendum, shall be incorporated into all proposed irrigation work and costs for additional work items shall be included in submitted original bid. Item 2 - Irrigation Legend Clarifications: All irrigation pipe and all irrigation equipment shall be that specified by the manufacturer for use in non-potable irrigation system, (purple) The Rainbird 1" Nelson Model No. 7645 is a Quick Coupler Valve (Reclaimed Water System type) Existing' rood ed )ing Existing Planter / EXISTING P.O.C. / 2" BALL VALVE A B C If D 30 21 37 K, 42 ^X^ ^^- 3/4" Add valve . ,/AII valve sizes 1 1/S yl -X»v^* ^^ TT Existing Planter Connect tree bubbler line to Valve BoxExisting Valve Box - 2 1/2" Water Line Exisisting Electrical Pull Box for Irrigation(Contains wiring for irrigation controller) New Decomposed Granite Path with Wood Edging- See Landscape Plans Provide 6 pvc sleeve underneath pavement Provide 4" pvc sleeve underneath pavement EXISTING P.O.O 2" BALL VALVE LU i Exisisting Electrical PuH Box for Irrigation1 (Contains wiring for irrigation controller) 1 1/2" LU > < 3/4" CONTRACT PUBLIC WORKS This agreement is made this /7 _ day of /\L*s c u..<> /" _ , 20 // , by and between the City of Carlsbad, California, a municipal c^pporation, (hereinafter called "City"), and Western Gardens Landscaping, Inc. whose principal place of business is 4616 Pannonia Road Carlsbad CA 92008 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: PINE PARK MADISON PROPERTIES (PHASE 1) IMPROVEMENTS CONTRACT NO. 45071 (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, Non-Collusion Affidavit, Designation of Subcontractors, 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 Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203. m¥ Revised 06/10/09 Contract No. 45071 Page 26 of 97 Pages 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any 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 III disposal site in accordance with provisions of existing law. (B) Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. (C) Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in 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. Revised 06/10/09 Contract No. 45071 Page 27 of 97 Pages Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnity the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 9. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Policy # 70. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance 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. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. 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. Revised 06/10/09 Contract No. 45071 Page 28 of 97 Pages (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy # 70. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 10. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in Section 3 of the General Provisions. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California 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 anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the Revised 06/10/09 Contract No. 45071 Page 29 of 97 Pages 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 10 above. init l(A^ init 11. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation 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. 12. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 13. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and 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. Revised 06/10/09 Contract No. 45071 Page 30 of 97 Pages 14. 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:CITY icipal corporation of /ityManager ^ '/ ATTEST: By: (sign here) rtjftftil VftsiUfff CorOoroAe£<tf^(print name and title) President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy CityTfttorney Jurat evidence to be the pcrsoafs) \riio appeared before rae.Ct (NoHryseal) OFFICIAL SEAL I ABE ISSA ALBANNA J,NOTARY PUBLIC-CALIFORNIA! OOMM. NO. 1932406 - SAN DIEGO COUNTY MYCOMM. EXP. MAY 11,2015 Revised 06/10/09 Contract No. 45071 Page 31 of 97 Pages Bond # 71147667 LABOR AND MATERIALS BOND WHEREAS, the City of Carlsbad, State of California, has administratively awarded to Western Gardens Landscaping, Inc., (hereinafter designated as the "Principal"), a Contract for: PINE PARK MADISON PROPERTIES (PHASE 1) IMPROVEMENTS CONTRACT NO, 45071 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, WESTERN GARDENS LANDSCAPING, INC., as Principal, (hereinafter designated as the "Contractor"), and Western Surety Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of Forty Seven Thousand Nine Hundred Fifty Dollars ($47,950). said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 3181, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 3248. m^f Revised 06/10/09 Contract No. 45071 Page 32 of 97 Pages Bond #71147667 In the event that Contractor is an Individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this day of . 20_ CONTRACTOR: Western Ga (name of /^oW/^jfator) Executed by SURETY this 29th day of July , 20 11 . SURETY: Landscaping, Inc. Western Surety Company (name of Surety) P O Box 5077, Sioux Falls. SD 57117 (address of Surety) 800-331-6053 (telephone number of Surety)(print name here) . . (title and organization of signatory) By:_ (sign here) (print name here) -~ ~ - ' *• ' (signature of Attorney-in-Fact) Kim Farris (printed name of Attomey-in-Fact) (attach corporate resolution showing current power of attorney) (title and organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate sea! empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorne; By: eynn CitAfforneDepmy CityAfforney OFFICIAL SEAL ABE ISSA ALBANNA _ .NOTARY PUBLIC-CALIFORNIA^ COMM. NO. 1932406 - SAN DIEGO COUNTY | I1'2015 I Jurat SBbsotbedaod proved to me en the baw ef Revised 06/10/09 Contract No. 45071 Page 33 of 97 Pages Bond # 71147667 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City of Carlsbad, State of California, has administratively awarded to Western Gardens Landscaping, Inc., (hereinafter designated as the "Principal"), a Contract for: PINE PARK MADISON PROPERTIES (PHASE 1) IMPROVEMENTS CONTRACT NO. 45071 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, WESTERN GARDENS LANDSCAPING, INC., as Principal, (hereinafter designated as the "Contractor"), and Western Surety Company as Surety, are held firmiy bound unto the City of Carlsbad in the sum of Forty Seven Thousand Nine Hundred Fifty Dollars ($47,950), 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 06/10/09 Contract No. 45071 Page 34 of 97 Pages Bond # 71147667 In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this day of __, 2 Executed by SURETY this 29th day of July ,20_ SURETY: CONTRACTOR: Western Gar Western Surety Company ndscaping, Inc. (name of Surety) P 0 Box 5077, Sioux Falls, SD 57117 (address of Surety) 800-331-6053 (print name here) (telephone number of Surety) g By: (Title and Organizationof Signatory) By: (sign here) ilE. v/M (print name here) (signature of Attorney-in-Fact) Kim Farris (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) fiml (title a"nd Organization ^signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) APPROVED AS TO FORM: RONALD R. BALL City Attorney NOTARY PUBLIC-CALIFORNIA COMM. NO. 1932406 SAN DIEGO COUNTY MY COMM. EXP. MAY 11.2015 Jurat Revised 06/10/09 Contract No. 45071 Paae 35 of 97 Paaes CNA 7/29/2011 1:13:53 PM PAGE 2/004 Fax Server Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No.71147667 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint KIMBSFXY ANN FARRIS its true and lawful attorney(s)-jn-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Western Gardens Landscaping, Inc. Obligee: City of Carlsbad Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by tha Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made trader and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the Prssident, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and t.ViR corporate seal may he printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of ?01 1 , but until such time shall be irrevocable and in full force and effect. December 1 In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T. Bruflat. and its corEW«tesg.alto be affixed this 29th day of July . 2011 . *?> -a*"*?,«.« ' f*\£-$3"" -••5a%.t$&°*$&Ift/s? &'~ COMPANYWESTTRM SURE Paul T. Bruflat/Senior Vice President COUNT5?.©] On this *- 9th day of July , in the year 2011 , befureme, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. ***»«•*•••%*•*****••»%••<» + D. KRELL ' vNOTARY PUBLIC/ /SOUTH MKOTAV,lotary Public - South Dakota *ta 4 My Commission Expires November 30, 2012 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set fnrth in the Power nf Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 29th July ( 2011 WEi Form FS308-9-2006 . day of COMPANY Vice President CNA 7/29/2011 1:13:53 PM PAGE 1/004 Fax Server I I Acknowledgment of Principal [Xl Acknowledgment of Surety (Attorney-in-Fact) STATE OF CALIFORNIA COUNTY OF SACRAMENTO ~7'-z-°\- (IOn date . before me, here insert name and title of the officer KIMEERIY ANN FARRISpersonally appeared namf>(?) nf signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature C&-^~ {/'/ / / txxOT (Seal) SARAH M. COMMJ1812203NOTARY PUBLIC-CALIFORNIA WSACRAMENTO COUNTYMY COMM. EXP. SEP. 5,2012 y (The balance of this page is intentionally left blank.) Western Surety Company Form 1900-1-2008 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 follows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for PINE PARK MADISON PROPERTIES (PHASE 1) IMPROVEMENTS CONTRACT NO. 45071 in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the 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 securities. 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 Escrow 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 06/10/09 Contract No. 45071 Page 36 of 97 Pages 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf 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 Revised 06/10/09 Contract No. 45071 Page 37 of 97 Pages At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City:Title CITY MANAGER Name Signature. Address 1200 Carlsbad Village Drive, Carlsbad, CA 92008 For Contractor:Title Name Signature Address For Escrow Agent:Title Name Signature Address oRevised 06/10/09 Contract No. 45071 Page 38 of 97 Pages GENERAL PROVISIONS FOR PINE PARK MADISON PROPERTIES (PHASE 1) IMPROVEMENTS CONTRACT NO. 45071 CITY OF CARLSBAD BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1, GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 TERMS - Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. Revised 06/10/09 Contract No. 45071 Page 39 of 97 Pages 1-2 Definitions. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Addendum - Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bulletins and all other types of written notices issued to potential bidders prior to opening of Bids. Agency - The City of Carlsbad, California. Agreement - See Contract. Assessment Act Contract - A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County. Base - A layer of specified material of planned thickness placed immediately below the pavement or surfacing. Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. Bidder - Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. Board - The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carlsbad or the Board of Directors of Carlsbad Municipal Water District. Bond - Bid, performance, and payment bond or other instrument of security. City Council - the City Council of the City of Carlsbad. City Manager - the City Manager of the City of Carlsbad or his/her approved representative. Cash Contract - A Contract financed by means other than special assessments. Change Order - A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code - The terms Government Code, Labor Code, etc., refer to codes of the State of California. Construction Manager - the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. Contract - The written agreement between the Agency and the Contractor covering the Work. Revised 06/10/09 Contract No. 45071 Page 40 of 97 Pages Contract Documents - Including but not limited to; the Contract, any Addendum (which pertain to the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (including documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions, permits from other agencies, the Technical Specifications, the Supplemental Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. Contractor - The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under permit issued by the Agency, the permittee shall be constructed to be the Contractor. The term "prime contractor" shall mean Contractor. Contract Price - The total amount of money for which the Contract is awarded. Contract Unit Price - The amount stated in the Bid for a single unit of an item of work. *i County Sealer - The Sealer of Weights and Measures of the county in which the Contract is let. Days - Days shall mean consecutive calendar's days unless otherwise specified. Deputy City Engineer, Construction Management & Inspection - The Construction Manager's immediate supervisor and second level of appeal for informal dispute resolution. Dispute Board - Persons designated by the City Manager of the City of Carlsbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution. Electrolier - Street light assembly complete, including foundation, standard, luminaire arm, luminaire, etc. Engineer - The City Engineer of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile - Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer - A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. House Sewer - A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire - The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm - The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire. Minor Bid Item -A single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Revised 06/10/09 Contract No. 45071 Page 41 of 97 Pages Modification - Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. Notice of Award - The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract. Notice to Proceed - A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1. Person - Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans - The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Private Contract - Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project Inspector - The Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Proposal - See Bid. Reference Specifications - Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. Roadway - The portion of a street reserved for vehicular use. Service Connection - Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Sewer - Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Specifications - General Provisions, Standard Specifications, Technical Specifications, Reference Specifications, Supplemental Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. Standard - The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. Revised 06/10/09 Contract No. 45071 Page 42 of 97 Pages Standard Plans - Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number. Standard Specifications - The Standard Specifications for Public Works Construction (SSPWC), the "Greenbook". State - State of California. Storm Drain - Any conduit and appurtenances intended for the reception and transfer of storm water. Street - Any road, highway, parkway, freeway, alley, walk, or way. Subbase - A layer of specified material of planned thickness between a base and the subgrade. Subcontractor - An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. Subgrade - For roadways, that portion of the roadbed on which pavement, surfacing, base, subbase, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision - Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supervision by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement - A written amendment of the Contract Documents signed by both parties. Supplemental Provisions - Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. Surety - Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. Tonne - Also referred to as "metric ton". Represents a unit of measure in the International System of Units equal to 1,000 kilograms. Utility - Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private easement. Work - That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services. Revised 06/10/09 Contract No. 45071 Page 43 of 97 Pages 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. All abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the "Manual of Steel Construction" published by the American Institute of Steel Construction, Inc. 1-3.2 Common Usage Abbreviation Word or Words ABAN Abandon ABAND Abandoned ABS Acrylonitrile - butadiene - styrene AC Asphalt Concrete ACP Asbestos cement pipe ACWS Asphalt concrete wearing surface ALT Alternate APIS Apartment and Apartments AMER STD American Standard AWG American Wire Gage (nonferrous wire) BC Beginning of curve BCR Beginning of curb return BDRY Boundary BF Bottom of footing BLDG Building and Buildings BM Bench mark BVC Beginning of vertical curve B/W Back of wall C/C Center to center CAB Crushed aggregate base CAL/OSHA California Occupational Safety and Health Administration CalTrans California Department of Transportation CAP Corrugated aluminum pipe CB Catch Basin Cb Curb CBP Catch Basin Connection Pipe CBR California Bearing Ratio CCR California Code of Regulations CCTV Closed Circuit 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 CONG Concrete CONN Connection CONST Construct, Construction COORD Coordinate CSP Corrugated steel pipe CSD Carlsbad Standard Drawings CTB Cement treated base CV Check valve CY Cubic yard D Load of pipe dB Decibels DBL Double DF Douglas fir DIA Diameter DIP Ductile iron pipe DL Dead load DR Dimension Ratio DT Drain Tile DWG Drawing DWY Driveway DWY APPR Driveway approach E Electric EA Each EC End of curve ECR End of curb return EF Each face EG Edge of gutter EGL Energy grade line El Elevation ELC Electrolier lighting conduit ELT Extra long ton ENGR Engineer, Engineering EP Edge of pavement ESMT Easement ETB Emulsion-treated base EVC End of vertical curb EWA Encina Wastewater Authority EXC Excavation EXP JT Expansion joint EXST Existing F Fahrenheit F&C Frame and cover F&l Furnish and install FAB Fabricate FAS Flashing arrow sign Revised 06/10/09 Contract No. 45071 Page 44 of 97 Pages FD Floor drain FDN Foundation FED SPEC Federal Specification FG Finished grade FH Fire hydrant FL Flow line FS Finished surface FT-LB Foot-pound FTG Footing FW Face of wall G Gas GA Gauge GAL Gallon and Gallons GALV Galvanized GAR Garage and Garages GIP Galvanized iron pipe GL Ground line or grade line GM Gas meter GNV Ground Not Visible GP Guy pole GPM gallons per minute GR Grade GRTG Grating GSP Galvanized steel pipe H High or height HB Hose bib HC House connection HDWL Headwall HGL Hydraulic grade line HORIZ Horizontal HP Horsepower HPG High pressure gas HPS High pressure sodium (Light) HYDR Hydraulic IE Invert Elevation ID Inside diameter INCL Including INSP Inspection INV Invert IP Iron pipe JC Junction chamber JCT Junction JS Junction structure JT Joint L Length LAB Laboratory LAT Lateral LB Pound LD Local depression LF Linear foot LH Lamp hole LL Live load LOL Layout line LONG Longitudinal LP Lamp post LPS Low pressure sodium (Light) LS Lump sum LTS Lime treated soil LWD Leucadia Wastewater District MAINT Maintenance MAX Maximum MCR Middle of curb return MEAS Measure MH Manhole, maintenance hole MIL SPEC Military specification MISC Miscellaneous MOD Modified, modify MON Monument MSL ..Mean Sea Level (Reg. Standard Drawing M-12) MTBM Microtunneling Boring Machine MULT Multiple MUTCD Manual on Uniform Traffic Control Devices MVL Mercury vapor light NCTD North County Transit District NRCP Nonreinforced concrete pipe OBS Obsolete OC On center OD Outside diameter OE Outer edge OHE Overhead Electric OMWD Olivenhain Municipal Water District OPP Opposite ORIG Original PB Pull box PC Point of curvature PCC Portland cement concrete or point of compound curvature PCVC Point of compound vertical curve PE Polyethylene PI Point of intersection PL Property line PMB Processed miscellaneous base POC Point on curve POT Point on tangent PP Power pole PRC Point of reverse curve PRVC Point of reverse vertical curve PSI Pounds per square inch PT Point of tangency PVC Polyvinyl chloride PVMT Pavement PVT R/W Private right-of-way Q Rate of flow in cubic feet per second QUAD Quadrangle, Quadrant R Radius R&O Rock and oil R/W Right-of-way RA Recycling agent RAC Recycled asphalt concrete RAP Reclaimed asphalt pavement RBAC Rubberized asphalt concrete RC Reinforced concrete RGB 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 Revised 06/10/09 Contract No. 45071 Page 45 of 97 Pages SDR Standard thermoplastic pipe dimension ratio (ratio of pipe O.D. to minimum wall thickness) SDRSD San Diego Regional Standard Drawings SE Sand Equivalent SEC Section SF Square foot SFM Sewer Force Main SI International System of Units (Metric) SPEC Specifications SPPWC Standard Plans for Public Works Construction SSPWC Standard Specifications for Public Works Construction STHWY State highway STA Station STD Standard STR Straight SIR GR Straight grade STRUG Structural/Structure SW Sidewalk SWD Sidewalk drain SY Square yard T Telephone TAN Tangent TC Top of curb TEL Telephone TF Top of footing TOPO Topography TR Tract TRANS Transition TS Traffic signal or transition structure TSC Traffic signal conduit TSS Traffic signal standard TW Top of wall TYP Typical UE Underground Electric USA Underground Service Alert VAR Varies, Variable VB Valve box VC Vertical curve VCP Vitrified clay pipe VERT Vertical VOL Volume VWD Vallecitos Water District W Water, Wider or Width, as applicable WATCH Work Area Traffic Control Handbook Wl Wrought iron WM Water meter WPJ Weakened plane joint XCONN Cross connection XSEC Cross section 1-3.3 Institutions. Abbreviation Word or Words AASHTO American Association of State Highway and Transportation Officials AISC American Institute of Steel Construction ANSI American National Standards Institute API American Petroleum Institute AREA American Railway Engineering Association ASTM American Society for Testing and Materials AWPA American Wood Preservers Association AWS American Welding Society AWWA American Water Works Association FHWA Federal Highway Administration GRI Geosynthetic Research Institute NEMA National Electrical Manufacturers Association NOAA National Oceanic and Atmospheric Administration (Dept. of Commerce) UL Underwriters' Laboratories Inc. USGS United States Geological Survey Revised 06/10/09 Contract No. 45071 Page 46 of 97 Pages 1 -4 UNITS OF MEASURE. 1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test requirements contained herein use SI units specifically and conversions to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the SI units shall control. S.I. units and U.S. Standard Measures in parenthesis may or may not be exactly equivalent. Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors. 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 (urn) 1 inch fin) 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 (fr). 0.0929 square meter (m; 1 square yard (yd ) 0.8361 square meter (m' 1 cubic foot (ft3), 0.0283 cubic meter (m3) 1 cubic yard (yd ) 0.7646 cubic meter (m ) 1 acre 0.4047 hectare (ha) 1 U.S. gallon (gal) 3.7854 Liter (L) 1 fluid ounce (fl. oz.) 29.5735 millileter (mL) 1 pound mass (Ib) (avoirdupois) 0.4536 kilogram (kg) "am (kg 1 Ton (=2000 Ib avoirdupois) 0.9072 Tonne (= 907'kg) 1 ounce mass (oz) 0.02835 kilogram (kg) 1 Poise 0.1 pascal' second (Pa" s) 1 centistoke (cs) 1 square millimeters per second (mm /s) 1 pound force (Ibf) 4.4482 Newton (N) 1 pounds per square inch (psi) 6.8948 Kilopascal (kPa) 1 pound force per foot (Ibf/ft) 1.4594 Newton per meter (N/m) 1 foot-pound force (ft-lbf) 1.3558 Joules (J) 1 foot-pound force per second ([ft-lbf]/s) 1.3558 Watt (W) 1 part per million (ppm) 1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit (°F): Degree Celsius (°C): °F = (1.8 x °C) + 32 °C = (°F - 32)/1.8 SI Units (abbreviation) Commonly Used in Both Systems 1 Ampere (A) 1 Volt (V) 1 Candela (cd) 1 Lumen (Im) 1 second (s) Revised 06/10/09 Contract No. 45071 Page 47 of 97 Pages Common Metric Prefixes kilo(k) ................................................................................................... 103 centi(c) ................................................................................................. 10~2 milli(m) ................................................................................................. 10'3 micro (^i) ............................................................................................... 10"6 nano(n) ................................................................................................ 10 pico(p) .................................................................................................. 10' 1-5 SYMBOLS '12 A Delta, the central angle or angle between tangents Z Angle % Percent Feet or minutes " Inches or seconds1 Number / per or (between words)0 Degree PL Property line CL Centerlme SL Survey line or station line SECTION 2 - SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as provided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids. 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 41 13. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, as provided in 4104: "(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the con- struction 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 con- tained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater." Revised 06/10/09 Contract No. 45071 Page 48 of 97 Pages "(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid." If the Contractor fails to specify a Subcontractor, or specifies more than one Subcontractor for the same portion of the work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor's total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as otherwise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor. Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract, and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other Revised 06/10/09 Contract No. 45071 Page 49 of 97 Pages sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable in 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. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifications, to which the Engineer shall have access at all times. The specifications for the work include the General Provisions, Standard Specifications for Public Works Construction, (SSPWC), Part 2 & 3, ,and the latest supplements thereto, current edition at the time of bid opening as published by the "Greenbook" Committee of Public Works Standards, Inc., hereinafter designated "SSPWC", as amended, and the Project Technical Specifications, Part 4-(CSI Revised 06/10/09 Contract No. 45071 Page 50 of 97 Pages Specifications). The construction plans consist of Pine Park Madison Properties (Phase I) Landscape Improvement Plans, City Project No. 45071. If applicable, the standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Engineering Standards and Carlsbad Standard Drawings, as issued by the City of Carlsbad, hereinafter designated as CES and CSD, respectively. The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Specifications and not shown on the Plans, or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in both. The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immediately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Change orders, whichever occurs last. 3) CSI Formatted Technical Specifications 4) Contract addenda, whichever occurs last. 5) Contract 6) Project Plans 7) Carlsbad General Provisions, Technical Specifications, and Supplemental Provisions. 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. 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. Revised 06/10/09 Contract No. 45071 Page 51 of 97 Pages 2-5.3 Submittals. 2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required in 2^5.3.2,2- 5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested by the Engineer. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required be performed, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals. The Contractor shall allow a minimum of 20 working days for review of submittals unless otherwise specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal. Each submittal shall be consecutively numbered. Re-submittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of Transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed 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. Revised 06/10/09 Contract No. 45071 Page 52 of 97 Pages 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. 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions. 2-5.3.4 Supporting Information. Supporting information is information required by the Specifications for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Work unless otherwise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items for the system. Itfresubmittal 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 6-11. 5) Data, including, but not limited to, catalog sheets, manufacturer's brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item. This information is required for irrigation systems, street lighting systems, and traffic signals, and may also be required for any product, manufactured item, or system. 2-5.4. RECORD DRAWINGS. The Contractor shall provide and keep up-to-date a complete "as- built" record set of blue-line prints, which shall be corrected in red daily and show every change from the origioal drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required by Section 2-5.4 shall be included in the various bid items and no additional payment will be made therefore. 2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish all materials, equipment, tools, labor, and incidentals necessary to complete the Work. 2-8 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be provided by the Agency. Unless otherwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers. The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Revised 06/10/09 Contract No. 45071 Page 53 of 97 Pages 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. 2-9.3 Private Engineers. Surveying by private engineers on the Work shall conform to the quality and practice required by the Engineer. 2-9.4 Line and Grade. All work shall conform to the lines, elevations, and grades shown on the Plans. Three consecutive points set on the same slope shall be used together so that any variation from a straight grade can be detected. Any such variation shall be reported to the Engineer. In the absence of such report, the Contractor shall be responsible for any error in the grade of the finished work. Grades for underground conduits will be set at the surface of the ground. The Contractor shall transfer them to the bottom of the trench. 2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications. The Contractor shall promptly comply with instructions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless otherwise ordered by the Board. 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. Revised 06/10/09 Contract No. 45071 Page 54 of 97 Pages 2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Contractor shall notify the Engineer before noon of the working day before inspection is required. Work shall be done only in the presence of the Engineer, unless otherwise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized representatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for 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. SECTION 3 - CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the interests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes. 3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency. 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written Supplemental Agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are involved, shall provide for the Contractor's signature indicating acceptance. 3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies from the Bid quantity by more than 50 percent, payment will be made per Section 3-2.2.2 or 3-2.2.3 as appropriate. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per Section 3-2.4. 3-2.2.2 Increases of MoreThan 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed Revised 06/10/09 Contract No. 45071 Page 55 of 97 Pages the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. 3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement can not be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as otherwise specified in Sections 3-2.2.2 and 3-2.2.3. 3.2.4.1 Schedule of Values. Prior to construction, Contractor shall provide a schedule of values for all lump sum bid items that shall be used for the purpose of progress payments. The prices shall be valid for the purpose of change orders to the project. 3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material can not 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. Revised 06/10/09 Contract No. 45071 Page 56 of 97 Pages 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. 3-3.2.2 Basis for Establishing Costs. (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid. Nondirect labor costs, including superintendence, shall be considered part of the markup of Section 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of- way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer's ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer. Revised 06/10/09 Contract No. 45071 Page 57 of 97 Pages The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site. (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, services, material, and equipment. These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the Contractor or Subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors' invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. 3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor 20 2) Materials 15 3) Equipment Rental 15 4) Other Items and Expenditures ... 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other services and expenditures when authorized. Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. The report shall: 1. Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. 3. Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. 4. Describe other services and expenditures in such detail as the Agency may require. Revised 06/10/09 Contract No. 45071 Page 58 of 97 Pages 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the following Work site conditions (hereinafter called changed conditions), in writing, upon their discovery and before they are disturbed: 1. Subsurface or latent physical conditions differing materially from those represented in the Contract; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and 3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is re- quired to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer determines that conditions are changed conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees. The Contractor's failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. 'The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code Sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." . Revised 06/10/09 Contract No. 45071 Page 59 of 97 Pages By: Title: Date: Company Name: The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the contractor to proceed with the work. Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Construction Manager 3. Deputy City Engineer, Construction Management & Inspection 4. City Engineer 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: 0Revised 06/10/09 Contract No. 45071 Page 60 of 97 Pages ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1,1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 Revised 06/10/09 Contract No. 45071 Page 61 of 97 Pages (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3. Revised 06/10/09 Contract No. 45071 Page 62 of 97 Pages SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the generally accepted standards. Material and work quality shall be subject to the Engineer's approval. Materials and work quality not conforming to the requirements of the Specifications shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so directed by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable notice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor. Used or secondhand materials, parts, and equipment may be used only if permitted by the Specifications. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Contractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract. The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the Contract. 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless otherwise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations. Steel pipe in sizes less than 18 inches and vitrified clay and cast iron pipe in all sizes are acceptable upon certification as to compliance with the Specifications, subject to sampling and testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc., are subject to inspection at the job site only. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source, normally only for performance testing. The Specifications may require inspection at the source for other items not typical of those listed in this section. The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Revised 06/10/09 Contract No. 45071 Page 63 of 97 Pages Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to purchase materials, fabricated products, or equipment from sources located more than 50 miles outside the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equipment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications. The Contractor shall forward reports required by the Engineer. No material or equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be done without proper inspection by the approved agent. Approval by said agent shall not relieve the Contractor of responsibility for complying with the Contract requirements. 4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory services within 50 miles of the geographical limits of the Agency. For private contracts, all costs of inspection at the source, including salaries and mileage costs, shall be paid by the permittee. 4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by the Engineer. Unless otherwise provided, all initial testing will be performed under the direction of the Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for testing, it will be stated in the Specifications. For private contracts, the testing expense shall be borne by the permittee. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to renotify the Engineer when samples which are representative may be obtained. Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications, Technical Specification, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. Revised 06/10/09 Contract No. 45071 Page 64 of 97 Pages 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifications and accept the manufacturer's written certification that the materials to be supplied meet those requirements. Material test data may be required as part of the certification. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall determine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process, or equipment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the contract documents. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer's findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this section. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business-and Professions Code and the California Code of Regulations pertaining to weighing devices. A certificate of compliance shall be presented, prior to operation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator's platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall Revised 06/10/09 Contract No. 45071 Page 65 of 97 Pages be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other operating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. 4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain- measuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exceed 12 months and following repairs, modification, or relocation of the equipment. Calibration certificates shall be provided when requested by the Engineer. 4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Modified Asphalts). In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the Agency and the Contractor will initiate an immediate and cooperative investigation. Test values of materials are results of the materials' tests, as defined by these Specifications or by the special provisions, required to accept the Work. Credible evidence is process observations or test values gathered using industry accepted practices. A contradiction exists whenever test values or process observations of the same or similar materials are diverse enough such that the work acceptance or performance becomes suspect. The investigation shall allow access to all test results, procedures, and facilities relevant to the disputed work and consider all available information and, when necessary, gather new and additional information in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the cooperative investigation concluded. Whenever the cooperative investigation is unable to reach resolution, the investigation may then either conclude without resolution or continue by written notification of one party to the other requesting the implementation of a resolution process by committee. The continuance of the investigation shall be contingent upon recipient's agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledgement, the investigation shall conclude without resolution. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notification. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a continuance of the cooperative investigation and will re-consider all available information and if necessary gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using standard engineering principles and practices and to ensure public value, the committee may provide engineering recommendations as necessary. Unless otherwise agreed, the committee will have 30 calendar days from its formation to complete their review and submit their findings. The final resolution of the committee shall be by majority opinion, in writing, stamped and signed. Should the final resolution not be unanimous, the dissenter may attach a written, stamped, and signed minority opinion. Once started, the resolution process by committee shall continue to full conclusion unless: 1. Within 7 days of the formation of the committee, the Agency and the Contractor reach an acceptable resolution mechanism; or Revised 06/10/09 Contract No. 45071 Page 66 of 97 Pages 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 investiga- tion will assign costs cooperatively with each party or when necessary, equally. Should the investigation be unable to substantiate a contradiction, the initiator of the investigation shall bear all investigative costs. All claim notification requirements of the contract pertaining to the contradiction shall be suspended until the investigation is concluded. 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in Section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. SECTION 5 - UTILITIES 5-1 LOCATION. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the Contractor shall assume that every property parcel will be served by a service connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor shall contact the regional notification center (Underground Service Alert of Southern California) and obtain an inquiry identification number. Revised 06/10/09 Contract No. 45071 Page 67 of 97 Pages The California Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The Contractor shall contact it for location of its subsurface installations. The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-2 PROTECTION. The Contractor shall not interrupt the service function or disturb the support of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless otherwise provided, furnish and place the necessary protection at its expense. Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located as noted in Section 5-1. When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense: 1. Furnish and install a 2 inch cushion of expansion joint material or other similar resilient material; or 2. Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular space between the concrete and the utility; or 3. Provide other acceptable means to prevent embedment in or bonding to the concrete. Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic protection system is exposed or damaged by the Contractor's operations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the integrity of the system. 5-3 REMOVAL. Unless otherwise specified, the Contractor shall remove all interfering portions of utilities shown on the Plans or indicated in the Bid documents as "abandoned" or "to be abandoned in place". Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. 5-4 RELOCATION. When the Plans or Specifications indicate that a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor, except for manhole frame and cover sets to be brought to grade as provided in the Standard Specifications for Public Works Construction, Section 301-1.6, 2006 Edition. 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. Revised 06/10/09 Contract No. 45071 Page 68 of 97 Pages 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 3-3. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs. The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and property line, or between a meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid for in accordance with provisions of Section 3-3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The Agency will not be involved in any such agreement. In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's convenience and no additional compensation will be allowed therefore or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. 5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocation of utilities. Said notification shall be included as a part of the construction schedule required in Section 6-1. The Contractor shall notify the Engineer in writing of any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with Section 5-1. The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing work correctly shown on the Plans. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities. If the Contractor sustains loss due to delays attributable to interferences, relocations, or alterations not covered by Section 5-1, which could not have been avoided by the judicious handling of forces, Revised 06/10/09 Contract No. 45071 Page 69 of 97 Pages 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. SECTION 6 - PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work on site within 14 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 management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per Section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the Preconstruction meeting. 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of Section 2-5.3. 6-1.2. 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. 6-1.3. 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 resubmittal the Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor, with any comments, within 5 working days. Failure of the Contractor to submit a monthly updated construction schedule will invoke the same consequences as the Engineer returning a monthly updated construction schedule marked "Not Accepted". 6-1.4.1 "Accepted." The Contractor may proceed with the project work, and will receive payment for the schedule in accordance with Section 6-1.8.2. 6-1.4.2 "Accepted with Comments." The Contractor may proceed with the project work. The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the Revised 06/10/09 Contract No. 45071 Page 70 of 97 Pages corrections and changes noted in the Engineer's comments prior to receipt of payment per Section 6-1.8.2. 6-1.4.3 "Not Accepted." The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per Section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted and marked "Accepted" by the Engineer before the last day of the month in which the Updated Construction Schedule is due. If the Contractor fails to submit the corrected Updated Construction Schedule as required herein the Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to proceed with the project, any resulting delay, impact, or disruption to the project will be the Contractor's responsibility. 6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion or contractually required milestone date later than the properly adjusted contract or milestone duration, the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent "Accepted" Schedule Update remove all or a portion of the delay, all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly payment to the Contractor immediately following the "Accepted" schedule. 6-1.6 Interim Revisions. Should the actual or projected progress of the work become substantially different from that depicted in the Project Schedule, independently of and prior to the next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list and explanation of each change made to the schedule. The Revised Construction Schedule will be submitted per the submittal requirements of Section 2-5.3 and per the schedule review and acceptance requirements of Section 6-1, including but not limited to the acceptance and payment provisions. As used in this section "substantially different' means a time variance greater than 5 percent of the number of days of duration for the project. 6-1.7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update when one hundred percent of the construction work is completed. The Contractor's Final Schedule Update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed per Sections 6-1.3 Preparation of Schedule Updates and Revisions and 6-1. 4 Engineer's Review of Updated Construction Schedule. Acceptance of the final schedule update is required for completion of the project and release of any and all funds retained per Section 9-3.2. 6-1.8 Measurement and Payment. 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 the park 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. Revised 06/10/09 Contract No. 45071 Page 71 of 97 Pages 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. The work includes all labor, materials, equipment and other associated items to complete landscape irrigation, planting of trees, shrubs, and groundcover, erosion and water runoff protection (during construction operations) and mulching of large undeveloped park area, as specified on plans and in accordance with the contract documents. Work under this contract shall also include minimal site grading of large undeveloped park area that will receive wood mulch covering as shown on plans. 6-2.2 Weekend Work. Contractor shall not perform any project related work on week-ends or City Holidays. 6-2.3 Project Meetings. The Engineer will establish the time and location of bi 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 Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3. 6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of archaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as directed by the Engineer. Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with the provisions of Section 6-6. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency's interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. Revised 06/10/09 Contract No. 45071 Page 72 of 97 Pages The Contract may be canceled by the Board without liability for damage, when in the Board's opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board's consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects for that part, and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the premises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law. 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in 6- 6.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifications. No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof, the proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule. 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 Revised 06/10/09 Contract No. 45071 Page 73 of 97 Pages Contractor will not be entitled to damages or additional payment due to such delays, except as provided in Section 6-6.3. If delays beyond the Contractor's control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work. 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. 6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 6-7 TIME OF COMPLETION. 6-7.1 General. The Contractor shall complete the Work within the time set forth in the Contract. The Contractor shall complete each portion of the Work within such time as set forth in the Contract for such portion. The time of completion of the Contract shall be expressed in working days. The Contractor shall diligently prosecute the work to completion within jjfUi calendar days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. A working day is any day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1. Saturday, 2. Sunday, 3. any day designated as a holiday by the Agency, 4. any other day designated as a holiday in a Master Labor Agreement entered into by the 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 Revised 06/10/09 Contract No. 45071 Page 74 of 97 Pages shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. 6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indicate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest. Otherwise, the statement will be deemed to have been accepted. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engineer for acceptance upon receipt of the Contractor's written assertion that the Work has been completed. The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. The Contractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Agency may perform this work and the Contractor's sureties shall be liable for the cost thereof. 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, the Contractor shall pay the Agency, or have withheld monies due it, the sum of $500 per day. 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 $500 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 Revised 06/10/09 Contract No. 45071 Page 75 of 97 Pages operations or negligence. The Contractor will not be required to reclean such portions of the improvement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials. In the event the Agency exercises its right to place into service and utilize all or part of any completed facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the Public Works Contract. The cost of this insurance shall be included in the Contractor's Bid. 7-4 WORKERS' COMPENSATION INSURANCE. Before execution of the Contract by the Board, the Contractor shall file with the Engineer the following signed certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execution of the Revised 06/10/09 Contract No. 45071 Page 76 of 97 Pages Contract. The Agency, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph. All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carlsbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefore. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overload, blasting, and demolition. For private contracts, the Contractor shall obtain all permits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-6 THE CONTRACTOR'S REPRESENTATIVE. Before starting work, the Contractor shall designate in writing a representative who shall have complete authority to act for it. An alternative representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. In order to communicate with the Agency, the Contractor's representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work. The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference. The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others, the Contractor will not be entitled to additional compensation from the Agency for damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Revised 06/10/09 Contract No. 45071 Page 77 of 97 Pages Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall furnish and operate a self-loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Revised 06/10/09 Contract No. 45071 Page 78 of 97 Pages Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. The Contractor shall incorporate and comply with all applicable Best Management Practices (BMPs) during the completion of this agreement. All work must be in compliance with the most current San Diego Regional Water Quality Control Board (RWQCB) permit, Carlsbad Municipal code and the City of Carlsbad Jurisdictional Urban Runoff Management Plan (JURMP) incorporated herein by reference. A model Strom Water Pollution Prevention Plan (SWPPP) will not be a requirement for this project, however, BMP's for water pollution prevention will be required and a copy of these can be obtained from the Project Manager for use in implementing BMP's for the project. All costs for preparing and implementing the Storm Water Pollution Prevention BMP's shall be included as part of the contract price bid. 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. Revised 06/10/09 Contract No. 45071 Page 79 of 97 Pages The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavement, structures, etc.) which are damaged or removed as a result of its operations. When a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated shall be done in conformance with 307-1.5. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor's operations, they shall be restored or replaced in 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- Park Access. Pine 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 shall be removed at the end of the working day. Equipment left on the property overnight and unattended shall be the sole responsibility of the contractor. Contractor shall protect the work site from other ongoing park operations and activities and for public protection and safety. 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 area as directed by the Parks and Recreation Superintendent. City will not be responsible for materials or equipment contractor stockpiles or leaves at the site unattended. 7-10.2 Traffic and Access. The Contractor's operations shall cause no unnecessary inconve- nience. The access rights of the public shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided. Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; service stations and motels; hospitals; police and fire stations; and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless otherwise approved by the Engineer. Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian crossings of the Work at intervals not exceeding 90 m (300 feet), shall be maintained unless otherwise approved by the Engineer. Seventy-two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, Revised 06/10/09 Contract No. 45071 Page 80 of 97 Pages the residences and/or businesses directly affected by the work shall be notified. The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24-hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 Ib. card stock. The printing on the notice shall be no smaller than 12 point. An example of such notice is provided in Appendix "A". In addition to the notifications, the contractor shall post no parking signs 72 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 72 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 72 hours in advance of the rescheduled work. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. The contractor shall replace all street markings and striping damaged by construction activities. The Contractor shall include in its Bid all costs for the above requirements. 7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways. All materials or equipment not installed or used in construction within 5 days after unloading shall be stored elsewhere by the Contractor at its expense unless authorized additional storage time. Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 5 days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public street. After placing backfill, all excess material shall be removed immediately from the site. 7-10.3 Street Closures, Detours, Barricades. The Contractor shall comply with all applicable State, County, and City requirements for closure of streets. The Contractor shall provide barriers, guards, lights, signs, temporary bridges, flagpersons, and watchpersons. The Contractor shall be responsible for compliance with additional public safety requirements which may arise. The Contractor shall furnish and install signs and warning devices and promptly remove them upon completion of the Work. Revised 06/10/09 Contract No. 45071 Page 81 of 97 Pages 7-10.3.2 Maintaining Traffic. The Contractor's personnel shall not work closer than 6', nor operate equipment within 2' from any traffic or parking lane occupied by vehicles. For equipment the the minimum acceptable shy distance of 2' 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 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.During the entire construction, a minimum of one paved traffic lanes, not less than 12' wide, shall be open for use by public traffic in each direction of travel. 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 Enqineer. No excavation shall start until the Engineer has accepted the plan and the Contractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the Engineer. Payment for performing all work necessary to provide safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation safety are provided, or required by law. 7-10.4.2 Use of Explosives. Explosives may be used only when authorized in writing by the Engineer, or as otherwise stated in the Specifications. Explosives shall be handled, used, and stored in accordance with all applicable regulations. The Engineer's approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasting operations. 7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous substances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor Revised 06/10/09 Contract No. 45071 Page 82 of 97 Pages shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-11 PATENT FEES OR ROYALTIES. The Contractor shall absofb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall indemnify and hold the Agency harmless from any legal action that may be brought for infringement of patents. 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer's approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and National laws and County and Municipal ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations. Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. 7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides: "In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment of the parties." SECTION 8 - FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL. Facilities for Agency personnel shall not be requirement for this project. Trash receptacles shall be provided by Contractor and emptied by the Contractor at weekly intervals or sooner as required. The trash shall be removed from the project site. 8-2 FIELD OFFICE FACILITIES. Field office facilities are not required for this project and the Contractor awarded the contract shall not provide such facility on the site. 8-3 PORTABLE RESTROOM FACILITIES- Contractor shall provide portable restroom for workers who will be working on the project. Location for the portable bathroom facility will be determined at the pre-construction meeting and the facility must be maintained by the contractor in a clean manner and stocked with standard items for work personal. Facility must be removed promptly at the end of the construction period or as directed by owner. Revised 06/10/09 Contract No. 45071 Page 83 of 97 Pages 8-3.1 BASIS OF PAYMENT. All costs incurred in furnishing, maintaining, servicing, and removing portable restroom facilities required at the project site shall be included in the bid item for furnishing such facilities. SECTION 9 - MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 9-1.1 General. Unless otherwise specified, quantities of work shall be determined from measurements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis. Unless otherwise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension. The planimeter shall be considered an instrument of precision adapted to measurement of all areas. 9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular sections involved. 9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with duplicate licensed weighmaster's certificates showing actual net weights. The Agency will accept the certificates as evidence of weights delivered. 9-1.4 Units of Measurement. The system of measure for this contract shall be the U.S. Standard Measures. 9-2 LUMP SUM WORK. Items for which quantities are indicated "Lump Sum", "L.S.", or "Job", shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of work and all work appurtenant thereto. When required by the Specifications or requested by the Engineer, the Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed schedule in triplicate, to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum bid item. This schedule shall equal the lump sum bid and shall be in such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum. 9-3 PAYMENT 9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in accordance with the Plans and Specifications. Upon completion of construction, if the actual quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it has Revised 06/10/09 Contract No. 45071 Page 84 of 97 Pages 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 precautions which are the Contractor's responsibility have not been taken and are not reasonably expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Payment shall not be construed as the transfer of ownership of any equipment or materials to the Agency. Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or otherwise degraded in any way prior to acceptance of the Work, except as provided in Section 6-10. Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion." If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency, due to the Contractor's failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws. At the expiration of 35 days from the date of acceptance of the Work by the Board, or as prescribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure date for the purpose of making monthly progress payments. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the Agency's payment procedure. Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of these General Provisions. Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines Revised 06/10/09 Contract No. 45071 Page 85 of 97 Pages that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. From each progress estimate, 10 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from remaining progress estimates and from the final estimate may be limited to $500 or 10 percent of the first half of total Contract amount, whichever is greater. No progress payment made to the Contractor or its sureties will constitute a waiver of the liquidated damages under 6-9. As provided in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract. After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in Section 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written statement required in Section 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in Section 9-3.2 shall be submitted no later than 30 Revised 06/10/09 Contract No. 45071 Page 86 of 97 Pages days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including Sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Section 3-5, Disputed Work, for those claims remaining in dispute. 9-3.3 Delivered Materials. When provided for in the Specifications, and subject to the limitation and conditions therein, the cost of materials and equipment delivered but not incorporated into the Work will be included in the progress estimate. 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. 9-3.4 Mobilization. When a bid item is included in the Proposal form for mobilization and subject to the conditions and limitations in the Specifications, the costs of work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no such bid item is provided, payment for such costs will be considered to be included in the other items of work. 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work 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 systems, 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 expense. Revised 06/10/09 Contract No. 45071 Page 87 of 97 Pages SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 200 - ROCK MATERIALS 200-1 ROCK PRODUCTS Add the following section: 200-1.2.2 Permeable Material. Permeable material shall consist of hard, durable, clean sand, gravel, or crushed stone, and shall be free from organic material, clay balls, or other deleterious substances. Class 1 and Class 2 permeable material shall have a Durability Index of not less than 40. Class 2 Permeable material shall have a Sand Equivalent value of not less than 75. Class 1 permeable material shall conform to the requirements in this section and Table 200-1.2.2(A). Class 2 permeable material shall conform to the requirements in this section and Table 200-1.2.2(6). When permeable material is required and the class or kind is not specified, Class 1 permeable material shall be used. The alternative gradings within Class 1 permeable material are identified by types. Unless otherwise shown on the plans the Contractor will be permitted to furnish and place any one of the types provided for this class. The percentage composition by mass of permeable material in place shall conform to the gradings in Tables 200-1.2.2(A) and 200-1.2.2(6). TABLE 200-1.2.2(A) CLASS 1 PERMEABLE MATERIAL Sieve Sizes 50-mm (2") 37.5-mm(lV2") 19-mm(3/4") 12.5-mm f/2") 9.5-mm (3/8") 4.75-mm (No. 4) 2.36-mm (No. 8) 75-um (no. 200) Percen Type A — — 100 95-100 70-100 0-55 0-10 0-3 tage Passing Type 6 100 95-100 50-100 — 15-55 0-25 0-5 0-3 TABLE 200-1.2.2(8) CLASS 2 PERMEABLE MATERIAL Sieve Sizes 25-mm (1") 19-mm(3/4") 9.5-mm (d/8") 4.75-mm (No. 4) 2.36-mm (No. 8) 600-pm (No. 30) 300-um (No. 50) 75-um (no. 200) Percentage Passing 100 90-100 40-100 25-40 18-33 5-15 0-7 0-3 200-2 UNTREATED BASE MATERIALS Revised 06/10/09 Contract No. 45071 Page 88 of 97 Pages 200-2.1 General. Add the following: Aggregate base shall be Class 2 Aggregate Base per Caltrans Standard Specification, July 1999, Section 26: Aggregate Bases, Subsection 26-1.02A Class 2 Aggregate Base and as specified herein. Add the following section: 200-2.7 Class 2 Aggregate Base. Aggregate for Class 2 aggregate base shall be free from organic matter and other deleterious substances, and shall be of such nature that it can be compacted readily under watering and rolling to form a firm, stable base. Aggregate may include material processed from reclaimed asphalt concrete, portland cement concrete, lean concrete base, cement treated base or a combination of any of these materials. Aggregate shall conform to the grading and quality requirements shown in the following tables. At the option of the Contractor, the grading for either the 11/2-inch maximum or 3/4 inch maximum shall be used, except that once a grading is selected it shall not be changed without the Engineer's written approval. AGGREGATE GRADING REQUIREMENTS Percentage Passing 11/2" Maximum 3/4" Maximum Sieve Sizes2" 11/2" 1" 3/4" No 4 No 30 No. 200 Operating Range 100 90-100 50-85 25-45 10-25 2-9 Operating Range 100 90-100 35-60 10-30 2-9 QUALITY REQUIREMENTS Operating Tests Range Resistance (R-value) 78 Min. Sand Equivalent 25 Min. Durability Index 35 Min. The aggregate shall not be treated with lime, cement or other chemical material before the Durability Index test is performed. If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Operating Range" but meet the "Contract Compliance" requirements, placement of the aggregate base may be continued for the remainder of that day. However, another day's work may not be started until tests, or other information, indicate to the satisfaction of the Engineer that the next material to be used in the work will comply with the requirements specified for "Operating Range." If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Contract Compliance," the aggregate base which is represented by these tests shall be removed. However, if requested by the Contractor and approved by the Engineer, the aggregate base may remain in place and the Contractor shall pay to the City $2.25 per cubic yard for such aggregate base left in place. The City may deduct this amount from any moneys due, or that may become due, the Contractor under the contract. If both the aggregate grading and Sand Equivalent do not conform to the "Contract Compliance" requirements, only one adjustment shall apply. No single aggregate grading or Sand Equivalent test shall represent more than 500 cubic yards or one day's production, whichever is smaller. Revised 06/10/09 Contract No. 45071 Page 89 of 97 Pages SECTION 207 - UNDERGROUND PIPE Add the following section: 207-25 UNDERGROUND UTILITY MARKING TAPE. Add the following section: 207-25.1 Detectable Underground Utility Marking Tape: Detectable Underground Utility Marking Tape shall have a minimum 0.13 mm (0.005") overall thickness, with no less than a 35 gauge (AWG), 0.14 mm aluminum foil core. The foil must be visible from both sides. The layers shall be laminated together with the extrusion lamination process, not adhesives. No inks or printing shall extend to the edges of the tape. All printing shall be encased to avoid ink rub-off. Detectable Underground Utility Marking Tape shall conform to the properties listed in Tables 207-25(A) and 207-25 (B). TABLE 207-25.1 (A) DETECTABLE UNDERGROUND UTILITY MARKING TAPE PROPERTIES Property Thickness Tensile strength Elongation Printability Flexibility Inks Message repeat Foil Top layer Bottom layer Adhesives Bond strength Colors Method ASTMD2103 ASTM D882 ASTM D882-88 ASTM D2578 ASTMD671-81 Manufacturing specifications Manufacturing specifications Manufacturing specifications Manufacturing specifications Manufacturing specifications Manufacturing specifications Boiling H2O at 100 degrees Celsius APWA Code Value 01 14 mm (0.0056") 4500g/cm (25 Ibs/inch) (5,500 PSI) <50 percent at break >50 dynes/square centimeter Pliable hand Heat-set Mylex Every 500 mm(20") Dead soft/annealed Virgin PET Virgin LDPE >30 percent, solid 1 .5#/R Five hours without peel See Table 207-25.1 (B) TABLE 207-25.1 (B) DETECTABLE UNDERGROUND UTILITY MARKING TAPE COLORS Color Red Yellow Orange Blue Green Brown Purple Utility Marked Electric power, distribution, transmission, and municipal electric Gas and oil distribution and transmission, dangerous materials, systems. product and steam. Telephone and telegraph systems, police and fire communications, and cable television. Water systems. Sanitary and storm sewer systems, nonpotable. Force mains. Reclaimed water lines. Add the following section: 207-25.2 Materials Approvals. Detectable Underground Utility Marking Tape shall meet the requirements of each of the following agency/association publications. A. Department of Transportation, Materials Transportation Bureau, Office of Pipeline Safety. USAS code for pressure piping B31.8, paragraph 192.321 (e). B. National Transportation Safety Board, Washington, DC, Special Study Prevention of Damage to Pipelines. Adopted June 7, 1974. Report NTSB-PSS-73-1. Revised 06/10/09 Contract No. 45071 Page 90 of 97 Pages C. American Petroleum Institute (API). Recommended practice for marking buried liquid petroleum pipelines - APR RP 1109. D. General Services Administration, Washington, DC, Public Buildings Service Guide Specification for Mechanical and Electrical Equipment - PBS 4-1501, Amendment 2, Page 501-14, Paragraph 18, Subparagraph 18.1, Clause 18.1.1. E. Rural Electrification Authority (REA), U.S. Department of Agriculture, Washington, DC, National Electrical Safety Code for Underground Construction for remote and immediate hazards. 209 ELECTRICAL COMPONENTS. Modify as follows: Section 86, "Signals, Lighting and Electrical Systems", of the Caltrans Standard Specifications replaces Section 209, "Electrical Components", and Section 307, "Street Lighting and Traffic Signals", of the SSPWC, in all matters pertaining to the specifications for measurement, payment, warranty, materials and methods of construction of street lighting and traffic signals. Section 86 of the Caltrans Standard Specifications is unmodified excepted as specified herein. For electrical components provided and installed in systems NOT including street lighting and traffic signals, Section 209 SSPWC is unmodified except as specified in sections other than Section 209, herein. SECTION 212 - LANDSCAPE AND IRRIGATION MATERIALS 212-1 LANDSCAPE AND IRRIGATION MATERIALS. In addition to this Section, this contract includes Part 4 - CSI Specifications Sections 02810 and 02900 for Landscape and Irrigation. All CSI Specifications shall remain in full force and effect and are included herein as part of this contract. Add the following section: 212-1.2.6 Herbicides and Pesticides. Shall be used in their appropriate applications with strict adherance to manufacturer's specifications and instructions. Post emergent herbicide for all areas shall be Glyphosate, N-(phosphonomethyl) glycine, In the form of its isopropylamine salt such as Roundup Pro, Diquat, Montar, or approved equal. Pre emergent herbicide for shrubs and groundcover areas planted from flats shall be Treflan, Surflan, Eptan, or approved equal. 212-3 ELECTRICAL MATERIALS. 212-3.1 General. Add the following: All electrical materials shall conform to the requirements of the 1996 National Electrical Code. 212-3.2.2 Conductors. Add the following: Low voltage electric wiring running from controller to the automatic control valves shall be no smaller than No. 14 solid single conductor, copper wire, 0.015 mm (60 mil) insulation, 0.015 mm (60 mil) neoprene jacket, style UF (Direct Burial), or equal, color code wires to each valve. Neutral wires shall be white, no smaller than No. 12 solid single conductor wire, 0.015 mm (60 mil) insulation, 0.015 mm (60 mil) neoprene jacket, style UF (Direct Burial). SECTION 213 - ENGINEERING FABRICS 213-2 GEOTEXTILES. 213-2.1 General. Add the following: Geotextile types shall be used for the applications listed in Table 213-2.1 (A) Revised 06/10/09 Contract No. 45071 Page 91 of 97 Pages Table 213-2.1 (A) GEOTEXT1LE APPLICATIONS Application of Geotextile Separation of Soil and Street Structural Section Separation of Soil and Subsurface Aggregate Drain Reinforcement of Street Structural Section Remediation and Separation of Soil Reinforcement of Soil Drainage at the Interface of Soil Structures Drainage at the Interface of Soil and Structures Rock Slope Protection Fabric for Rock Sizes Below 225 kg (% Ton) Rock Slope Protection Fabric for Rock Sizes Including and Above 225 kg (14 Ton) Plant Protection Covering Erosion Control Fence with 14 AWG - 150 mm x 150 mm (6"x6") Wire and 3 m (101) Post Spacing Erosion Control Fence with 1 .8 m (6') Post Spacing and No Wire Fencing Type Designation 90WS 180N 200WS 270WS 270WS N/A N/A 180N 250N 90N 90WS 200WS Add the following section: 213-3 EROSION CONTROLSPECIALTIES. Add the following section: 213-3 Gravel bags. Gravel bags for the use of temporary erosion control shall be burlap type, filled with no less than 23kg (50 Ibs) of 19 mm (3/4") crushed rock and securely tied closed. Plastic bags are not acceptable. Revised 06/10/09 Contract No. 45071 Page 92 of 97 Pages SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING. 300-1.1 General, add the following to the third paragraph: During surface clearing operations, the Contractor shall not cover or bury any plant growth or other objectionable materials. If the Contractor cannot successfully separate the plant growth from the surface soil and advertently or inadvertently mixes organic or other objectionable materials with the soil, the soil so contaminated shall be removed from the site by the Contractor. All costs, if any, associated with removing the soil mixed with organic or other objectionable materials and importing soil to replace said contaminated soil shall be borne by the Contractor and no additional payment therefore shall be made to the Contractor. 300-1.1 General, add the following to the second paragraph: If the Contractor stockpiles, or otherwise deposits soil or unclassified excavation materials, on the stockpile area shown on the landscape plans it shall clear and grub the area over which stockpiled soil or unclassified excavation materials are placed. 300-1.3 Removal and Disposal of Materials, add the following: Also included in clearing and grubbing shall be removal and disposal of existing weeds, concrete over 2" in diameter or other clearing and grubbing materials such as small undesirable shrubs directed to be removed by Owner. 300-1.4 Payment, modify as follows: Payment for clearing and grubbing shall be included in the lump sum bid and no other payments will be made. 300-2 UNCLASSIFIED EXCAVATION. 300-2.1 General, add the following: Unclassified excavation shall include removal and stockpile of suitable material, recompaction, trenching and backfilling of storm drains, sewers, other utilities, disposal of unsuitable materials not included in the bid item for clearing and grubbing, all cut and fill including salvaging clean excavated material. 300-2.6 Surplus Material, add the following: The Contractor shall haul and dispose of all surplus material from the project. The Contractor shall utilize highway legal haul trucks for this export of material from the project site and to a site secured by the Contractor. No earth moving equipment or special construction equipment, as defined in section 565 of the California Vehicle Code, will be allowed for hauling material on public streets. 300-2.9 Payment, substitute the following: Payment for all unclassified excavation will be made at the Contract Lump Sum price bid for unclassified excavation and shall include compensation for excavation, sloping, rounding tops and ends of excavation, matching existing graded slopes, Revised 06/10/09 Contract No. 45071 Page 93 of 97 Pages loading, exporting and disposing of surplus material and unsuitable material shown on the plans or specified herein to be removed, stockpiling, hauling to designated sites, placing and compacting, mixing, grading of mitigation site, salvaging clean and suitable material and filling areas to the required grades and cross sections. Unclassified fill, slope rounding, all work incidental to Section 300-4.8 and construction of transitions will be paid for as a part of unclassified excavation, and no additional payment will be made therefore. Add the following section: 300-2.10 Grading Tolerance. The Contractor shall finish excavated areas other than slopes and subgrade below structures, within the roadway and sidewalk areas within 30 mm (0.1') of the grades shown on the plans. Subgrade tolerances shall conform to the requirements of section 301-1.4 SSPWC. 300-3 STRUCTURE EXCAVATION AND BACKFILL 300-3.1 General, add the following: The Contractor shall excavate to the lines and levels required and/or shown on the Drawings. The Contractor shall provide all shoring, bracing, cribbing, pumping, and planking required. The Contractor shall excavate and maintain the bottom of all trenches in a condition that is level, firm, clean and free from all debris or foreign matter. Excavations shall be kept free from water at all times. The Contractor shall remove any unsuitable material encountered below grade as directed by the Engineer 300-4 UNCLASSIFIED FILL 300-4.2 Preparation of Fill Areas, add the following: Except as provided in section 300-4.7, "Compaction", areas proposed for improvements all fill (including backfill and scarified ground surfaces) shall be compacted by the Contractor to no less than 90 percent of maximum dry density as determined in accordance with ASTM Test Procedure D1557-91. The Contractor shall break rock encountered in the excavation into particles of less than 75 mm (3"). Particles with dimensions greater than 75 mm (3") shall be uniformly distributed over the area to be filled so that construction equipment can be operated in such a manner that the larger pieces will be broken into smaller particles and become incorporated with the other materials in the layer. This requirement for particle size reduction does not apply to cobbles, small boulders, and small hard rocks found within the surface soils and formational materials. Rocks having any dimension greater than 460mm (18") shall not be incorporated into the fill. Rock exceeding 150 mm (6") in diameter shall not be placed in the upper 900 mm (3') of any fill. When there are large quantities of rock to be placed in the fill, rocks shall not be nested, but shall be spread with sufficient room between them so that intervening voids can be adequately filled with fine material to form a dense, compact mass. Oversize material which cannot be utilized for erosion mitigation or landscaping onsite shall be broken to acceptable sizes or removed from the site by the Contractor. If disposed of within the City of Carlsbad, a separate grading permit will be required for disposal of rock. 300-9 GEOTEXTILES FOR EROSION CONTROL. Modify as follows: 300-9 GEOTEXTILES FOR EROSION CONTROL AND WATER POLLUTION CONTROL. Add the following section: 300-9.2 General. The Contractor shall provide erosion control and water pollution control conforming to the requirements shown on the plans, as specified herein, and as elsewhere required by the Contract Documents. Erosion control and water pollution control shall include the work specified herein, and such additional measures, as may be directed by the Engineer, to meet Best Management Practices, as defined herein, and to properly control erosion and storm water damage Revised 06/10/09 Contract No. 45071 Page 94 of 97 Pages of the limits of work and construction impacts upon areas receiving drainage flows from within the limits of work. Add the following section: 300-9.2.1 Grading Controls. The Contractor shall protect all areas that have been graded and/or cleared and grubbed as well as areas that have not been graded and/or cleared and grubbed within the limits of work from erosion. The Contractor shall provide temporary earth berms, gravel bags, silt fences, stabilized construction entrances and similar measures, coordinated with its construction procedures, as necessary and as shown on the plans to control on site and off site erosion during the construction period. The Contractor will be required to protect areas which have been cleared and grubbed prior to excavation or embankment operations, and which are subject to runoff during the duration of the contract. The criteria used to determine the appropriate erosion control measures shall be the "Best Management Practices", hereinafter BMP, defined and described in the, "Stormwater Best Management Practices Handbook, Construction", January edition as published by the California Stormwater Quality Association. Temporary erosion control measures provided by the Contractor shall include, but not be limited to, the following: a) Excavation areas, while being brought to grade, shall be protected from erosion and the resulting siltation of downstream facilities and adjacent areas by the use of BMP measures. These measures shall include, but shall not be limited to, methods shown on the plans and described herein. Add the following section: 300-9.2.2 Payment. Full compensation for performing erosion control and water pollution control, conforming to the operational requirements herein, of the BMP and conforming to the requirements of the Federal Water Pollution Control Act, including the latest amendments thereto, which is not a part of the planned permanent work or included as a separate bid item shall be considered as included in the contract price bid for unclassified excavation, and no additional compensation will be allowed therefore. 300-13 STORM WATER POLLUTION PREVENTION PLAN- BMP's for storm water and drainage protection will be required for sediment control and soil stabilization practices and non-storm water management and waste management disposal. Suitable BMP's for this project may be obtained by contacting the City assigned project manager for this contract. All costs incurred to provide BMPs for the project shall be included in the bid price. 300-13.1.3 Payment. Preparation, implementation and management of BMP'S shall be considered incidental to the items of work and no additional payment will be made therefore. The Contractor shall implement, throughout the duration of the project, control measures included in the BMP'S for sediment tracking, wind erosion, non-storm water management and waste management and disposal. The Engineer may order the suspension of construction operations, at the Contractor's cost, which create water pollution if the Contractor fails to conform to the requirements of this section as determined by the Engineer. Add the following section: Revised 06/10/09 Contract No. 45071 Page 95 of 97 Pages 300-13.1.5 Maintenance. To ensure the proper implementation and functioning of control measures, the Contractor shall regularly inspect and maintain the construction site for the control measures identified in the BMP's. The Contractor shall identify corrective actions and time frames to address any damaged measures or reinitiate any measures that have been discontinued. SECTION 308 LANDSCAPE & IRRIGATION NOTE: In addition to the requirements below, this contract includes CSI Formatted Specifications for Landscape Irrigation, Section 02810, which shall be in full force and effect. 308-7 GUARANTEE. Add following: The Contractor shall guarantee all 15 gallon and larger size trees installed under the contract to live and grow for one year from the day of final acceptance of the contract work. The Contractor shall guarantee all other plant material, including ground covers to live and grow for a period of 90 days from the last day of the maintenance period or final acceptance of the contract work, whichever is the later. The Contractor shall replace, at its expense, all plant material found to be dead, missing, or in poor condition during the maintenance period within 5 days of discovery of such plant material. The Engineer shall be the sole judge as to the condition of the plant material. Plant material found to be dead or in poor condition within the guarantee period shall be replaced by the Contractor, at its expense, within 15 days of written notification. Replacements shall be made to the same specifications required for the original plantings. The Contractor shall submit written vegetation, planting and irrigation guarantee in approved form that all work showing defects in materials or workmanship will be repaired or replaced at no cost to the City for a period of one year from the date of acceptance by the City. The Guarantee form shall be retyped on the Contractor's letterhead and contain the following verbiage: "Guarantee For Vegetation, Planting and Irrigation System For (Project Name) We hereby guarantee that the vegetation, planting and irrigation system we have furnished and installed for (project name) is free from defects in materials and workmanship, and the work has been completed in accordance with the drawings and specifications. We agree to repair or replace any defect in vegetation, material or workmanship, including that due to ordinary wear and tear, which may develop during the periods specified in section 308-7 of the Standard Specifications and the Special Provisions of said project from date of completion of the Work or termination of any maintenance period, whichever is the later, and also to repair or replace any damage resulting from the repairing or replacing of such defects at no additional cost to the Agency. . This guarantee does not extend to unusual abuse or neglect that may occur subsequent to the date of completion of the Work or termination of any maintenance period, whichever is the later. We shall make such repairs or replacements within a reasonable time, as determined by the Engineer, after receipt of written notice. In the event of failure to make such repairs or replacements within a reasonable time after receipt of written notice from the Engineer, we authorize the Engineer to proceed to have said repairs or replacements made at our expense, and we will pay the costs and charges therefore upon demand. Project: (Project Name) Location: (Legal Description of Project Property) Name of Contractor: Address: (Of Contractor) Telephone:: (Of Contractor) By: (Typed or printed names of signing Officer(s) of the Contractor authorized to bind the Contractor in legal matters) Title: (Of said officer(s)) Signature(s) Date of Execution? Revised 06/10/09 Contract No. 45071 Page 96 of 97 Pages Add the following section: 308-7.1 Record Drawings. In addition to the requirements of section 2-5.4, herein, the Contractor shall prepare record drawings that show all changes in the work constituting departures from the original contract drawings, including those involving both constant-pressure and intermittent-pressure lines and appurtenances. The Contractor shall accurately record, on a daily basis, on one set of blue line prints of the irrigation drawings, all changes in work constituting departures from the original contract drawings, including changes in both pressure and nonpressure line. The Contractor shall post information on record drawings no later than the next working day after the work is installed. The Contractor shall record changes and dimensions in a legible and professional manner. When the drawings are approved by the Engineer the Contractor shall transfer all information to a set of reproducible photo mylar drawings. Items required to be shown shall be dimensioned by the Contractor from two permanent points of reference (buildings, monuments, sidewalks, curbs, pavement). The accuracy of location of all items to be shown on the drawings shall be 150 mm (6") in both the vertical and horizontal planes. All text and numerals placed on drawings shall be 0.30 mm (V8") in size. Facilities and items to be located in their horizontal and vertical positions and shown on the record drawings include all: a) Point(s) of connection, for water and electrical services b) Routing of irrigation pressure mainlines c) Ball, gate and check valves d) Irrigation control valves. e) Quick coupler valves f) Routing of service wires g) Routing of control wires h) Electrical service equipment i) Electrical junction boxes j) Other equipment of a similar nature (as directed by the Owner or Engineer of work). Revised 06/10/09 Contract No. 45071 Page 97 of 97 Pages PART 4 CSI FORMATED SPECIFICATIONS SECTION 02110 SITE CLEARING AND PROTECTION OF UNDERGROUND UTILITIES PART 1 GENERAL 1.01 SUMMARY This Section covers the requirements for site clearing of vegetation within the project limits. 1.02 REFERENCES The publications listed below form a part of this specification to the extent refe- renced. The publications are referred to in the text by the basic designation only. A. Standard Specifications 1. American National Standards Institute (ANSI), ANSI A10.6, 1983 Demolition Operations-Safety Requirements. 2. Standard Specifications for Public Works Construction (Latest Edition) (Greenbook or Standard Specifications), including the Latest Regional and Latest County of San Diego Supplemental Amendments. 3. State of California Department of Transportation (Caltrans) Standard Specifications, 1992 Edition. B. Standard Drawings 1. San Diego Regional Standard Drawings, as last amended, shall apply to the work to the extent referenced on the draw- ings. 2. City of Carlsbad Standard Drawings. 4. State of California Department of Transportation (Caltrans) Standard Plans, July 1992 Edition. 1.03 SITE INSPECTION AND LOCATION OF EXISTING ON-SITE UTILITIES: A. Prior to all work of this Section, carefully inspect the entire site and all existing items to be demolished and removed or to be left intact, and determine an orderly sequence for the performance of this work. Exact locations and alignment of existing buried utility lines are not known. B. Locate all overhead utilities and power lines and determine height restrictions. Do not operate equipment in the vicinity of overhead utili- ties and power lines which may create a safety hazard. Pine Park Madison Properties (Phase I) Improvements- City of Carlsbad Project No. 45071 CSI Formatted Specifications 1.04 PROTECTION A. The contractor shall notify DIG ALERT at 1-800-227-2600 at least two days prior to starting work and shall coordinate any necessary work with utility company representatives. The contractor shall take precau- tionary measures to protect any existing utility shown on the drawings, and any other which is not of record or not shown on the drawings. The Contractor shall determine the exact location of all existing utilities before commencing the work, and shall be fully responsible for any and all damages which might occur by the Contractor's failure to exactly lo- cate and preserve any and all underground utilities. B. The Contractor shall pothole all existing utilities at all crossing points and points of connection. The Contractor shall record exact horizontal and vertical locations of all pot-holed underground facilities. Notify the Owner of any conflicts or differences from positions indicated on the drawings. If potholes do not reveal the location of certain existing utili- ties, or if potholes reveal locations of existing utilities other than ex- pected, the Contractor shall notify the Owner in writing, and shall not proceed further until the Owner provides direction. 1.06 SAFETY DURING CONSTRUCTION The Contractor shall assume sole and complete responsibility for job site condi- tions during the course of construction of the project, including safety of all persons and property including the general public. This requirement shall be made to apply continuously and not be limited to normal working hours. Refer to General Provisions for additional requirements. PART2 PRODUCTS 2.01 TEMPORARY CONSTRUCTION FENCING 2.1.1 Owner reserves the right to require the contractor to provide temporary construction fencing at the sole discretion of the Owner and if notified that such protection will be required, Contractor will be compensated as outlined in the Supplemental Provisions of the contract for the addition- al item. Exact location of temporary construction fencing shall be ap- proved by the Owner prior to construction. PART 3 EXECUTION 3.01 GENERAL A. The contractor shall notify DIG ALERT at 1-800-227-2600 at least two days prior to starting work and shall coordinate all work with utility com- pany representatives. The existence and locations of existing under- ground facilities shown on the drawings were obtained from a search of available records. The contractor shall take precautionary measures to protect any existing facility shown on the drawings, and any other which is not of record or not shown on the drawings. Pine Park Madison Properties (Phase I) Improvements- City of Carlsbad Project No. 45071 CSI Formatted Specifications B. The Contractor shall pothole all existing utilities at all crossing points and points of connection. The Contractor shall record exact horizontal and vertical locations of all pot-holed underground facilities. Notify the Owner of any conflicts or differences from positions indicated on the drawings. If potholes do not reveal the location of certain existing utili- ties, or if potholes reveal locations of existing utilities other than ex- pected, the Contractor shall notify the Owner in writing, and shall not proceed further until the Owner provided direction. C. The Contractor shall protect existing facilities and landscape outside the limits of work and shall exercise care to avoid damage to existing facilities to remain. D. The Contractor shall take all means to avoid the spread of dust to adjacent property or the public right-of-way. The Contractor shall be responsible for street sweeping and cleaning of the public right-of-way and adjacent property. E. Provide weather protection during the construction period to prevent erosion or sedimentation onto the public right-of-way or adjacent prop- erty. All costs shall be included in the bid and no additional compensa- tion for this requirement will be given to contractor. F. Disconnection and protection of utilities: Preserve in operating condi- tion all active utilities traversing the site and servicing adjacent struc- tures. Protect all property including, but not necessarily limited to mains, manholes, catch basins, valve boxes, poles, guys, and other appurtenances. END OF SECTION Pine Park Madison Properties (Phase I) Improvements- City of Carlsbad Project No. 45071 CSI Formatted Specifications SECTION 02115 TREE PROTECTION AND TRIMMING PART 1 - GENERAL 1.1. RELATED DOCUMENTS 1.1.1. Drawings and general provisions of the Contract, including General and Supplementary Conditions, apply to this Section. 1.2. SUMMARY 1.2.1. This Section includes the protection and trimming of trees that inter- fere with, or are affected by, execution of the Work. 1.2.2. Related Sections include the following: 1.2.2.1. Section 02110 "Site Clearing and Underground Utilities Protection". 1.3. SUBMITTALS 1.3.1. Certification: From a qualified arborist that trees indicated to remain have been protected during construction according to recognized standards and that trees were promptly and properly treated and re- paired when damaged. 1.4. QUALITY ASSURANCE 1.4.1. Arborist Qualifications: An arborist certified by the International Society of Arboriculture or licensed in the jurisdiction where Project is located. 1.4.2. Tree Pruning Standards: Comply with ANSI A300, "Trees, Shrubs, and Other Woody Plant Maintenance-Standard Practices," unless more stringent requirements are indicated. 2. PART 2 - PRODUCTS 2.1. MATERIALS 2.1.1. Drainage Fill: Selected crushed stone, or crushed or uncrushed gravel, washed, ASTM D 448, Size 24, with 90 to 100 percent passing a 2-1/2-inch sieve and not more than 10 percent passing a 3/4-inch sieve. 2.1.2. Topsoil: Fertile, friable, surface soil, containing natural loam and complying with ASTM D 5268. Provide topsoil that is free of stones larger than 1 inch in any dimension and free of other extraneous or toxic matter harmful to plant growth. Obtain topsoil only from well- Pine Park Madison Properties (Phase I) Improvements- City of Carlsbad Project No. 45071 CSI Formatted Specifications 3. PART 3 - EXECUTION 3.1. PROTECTION 3.1.1. Protect tree root systems from damage due to compaction or opera- tion of equipment near tree drip lines and root structures. Protect root systems from flooding, eroding, or excessive compaction. 3.1.2. Do not store construction materials, debris, or excavated material within the drip line of remaining trees. Do not permit vehicles or foot traffic within the drip line; prevent soil compaction over root systems. 3.1.3. Do not allow fires under or adjacent to remaining trees or other plants. 3.2. EXCAVATION 3.2.1. Do not excavate within drip line of trees, unless otherwise indicated. 3.2.2. Where excavation for new construction is required within drip line of trees, hand clear and excavate to minimize damage to root systems. Use narrow-tine spading forks and comb soil to expose roots. 3.2.2.1. Relocate roots in backfill areas where possible. If encoun- tering large, main lateral roots, expose roots beyond exca- vation limits as required to bend and relocate them without breaking. If encountered immediately adjacent to location of new construction and relocation is not practical, cut roots approximately 3 inches back from new construction. 3.2.2.2. Do not allow exposed roots to dry out before placing per- manent backfill. Provide temporary earth cover or pack with peat moss and wrap with burlap. Water and maintain in a moist condition. Temporarily support and protect roots from damage until they are permanently relocated and covered with soil. 3.2.3. Where utility or irrigation trenches are required within drip line of trees, tunnel under or around roots by auger boring, or digging by hand. 3.2.3.1. Root Pruning: Do not cut main lateral roots or taproots; cut only smaller roots that interfere with installation of utilities or irrigation. Cut roots with sharp pruning instruments; do not break or chop. 3.3. TREE PRUNING When repairing trees damaged during construction operations follow Pruning Standards in accordance with ANSI A300. 3.3.1. Cut branches with sharp pruning instruments; do not break or chop. 3.3.2. Dispose of removed tree limbs off site. Pine Park Madison Properties (Phase I) Improvements- City of Carlsbad Project No. 45071 CSI Formatted Specifications 3.4. TREE REPAIR AND REPLACEMENT 3.4.1. Promptly repair trees damaged by construction operations within 24 hours. Treat damaged trunks, limbs, and roots according to written instructions of the qualified arborist. 3.4.2. Remove and replace dead and damaged trees that the qualified arborist determines to be incapable of restoring to a normal growth pattern. 3.4.2.1. Provide new trees of 4-inch caliper size and of a species selected by Owner. When trees more than 4 inches in ca- liper size, measured 12 inches above grade, are required to be replaced. 3.4.3. Aerate surface soil, compacted during construction, 10 feet beyond drip line and no closer than 36 inches to tree trunk. Drill 2-inch- di- ameter holes a minimum of 12 inches deep at 24 inches o.c. Backfill holes with an equal mix of amended soil and approved compost hu- mus material. 3.5. DISPOSAL OF WASTE MATERIALS 3.5.1. Burning is not permitted. END OF SECTION Pine Park Madison Properties (Phase I) Improvements- City of Carlsbad Project No. 45071 CSI Formatted Specifications SECTION 02810 LANDSCAPE IRRIGATION 1. PART 1 - GENERAL 1.1. DESCRIPTION 1.1.1. Provide all labor, materials, labor, services, transportation, and equipment required to complete the Irrigation Work indicated on the Drawings and specified herein, and be ready for operation satisfactory to the City. 1.1.2. All work called for on the drawings by notes or details shall be furnished and installed whether or not specifically mentioned in the specifications. When an item is shown on the plans but not shown on the specifications or vice versa, it shall be deemed to be as shown on both. The Owner shall have final authority for clarification. 1.1.3. Manufacturer's directions and detailed drawings shall be followed in all cases where the manufacturer of articles used in this contract furnish directions covering points not shown in the drawings and specifications. 1.2. QUALITY ASSU RANGE 1.2.1. Irrigation Coverage: The Contractor is responsible for full and complete coverage of all irrigated areas; make all adjustments needed to achieve this at no additional cost to the City. The pattern of the system layout, spacing, discharge pressure, and the radius of the throw of the sprinkler heads shall be as designed and shall provide full coverage of landscaped areas. 1.2.2. Applicable Standards: 1.2.2.1. ASTM - American Society for Testing and Materials. 1.2.2.2. ANSI - American National Standards Institute. 1.2.2.3. PVC - Polyvinyl Chloride. 1.2.2.4. NSF - National Science Foundation. 1.2.3. All local, municipal, and state laws, rules and regulations governing or relating to any portion of this work are hereby incorporated into and made a part of these specifications, and their provisions shall be carried out by the Contractor. Anything contained in these specifications shall not be construed to conflict with any of the above rules and regulations of the same. However, when these specifications and drawings call for or describe materials, workmanship, or construction of a better quality, higher standard, or larger size than is required by the above rules and regulations, the Pine Park Madison Properties (Phase I) Improvements- City of Carlsbad Project No. 45071 CSI Formatted Specifications provisions of these specifications and drawings shall take precedence. 1.2.4. All materials supplied for this project shall be new and free from any defects. All defective materials shall be replaced immediately at no additional cost to City. 1.2.5. The Contractor shall secure the required licenses and permits including payments of charges and fees, give required notices to public authorities, verify permits secured or arrangements made by others affecting the work of this section. 1.2.6. Provide at least one person who shall be present at all times during execution of this portion of the work and who shall be thoroughly familiar with the type of materials being installed and the manufacturer's recommended methods of installation, who can demontrate and explain how the equipment works, and who shall direct all work performed under this section. 1.2.7. Site Reviews: 1.2.7.1. Job Start Meeting: Before starting Irrigation Work, schedule a conference regarding requirements of the Work. Provide at least seven days notice to all parties for this conference. 1.2.7.2. Construction Reviews: Provide advance notification as noted for the following reviews: 1.2.7.2.1. Pressure supply line installation and testing - 48 hours. 1.2.7.2.2. System layout and materials review - 48 hours. 1.2.7.2.3. Coverage Tests: Prior to landscape planting - 48 hours. 1.2.7.2.4. Final review - 72 hours. 1.3. SUBMITTALS: Refer to Section 01330 for procedures. 1.3.1. List of Materials: Submit for approval 3 copies of a complete typed list of materials with manufacturer name, the item model number, descriptive literature, and the pages in the submittal that contain the catalog cuts marked for each item. Submittals shall include, but are not limited to, the following: 1.3.1.1. Wire and connectors. 1.3.1.2. Valve box. 1.3.1.3. Remote control valves. 1.3.1.4. Pipe and fittings. Pine Park Madison Properties (Phase I) Improvements- City of Carlsbad Project No. 45071 CSI Formatted Specifications 1.3.1.5. Sprinkler heads. 1.3.1.6. Quick coupling valves. 1.3.1.7. Backf low preventer. 1.3.1.8. Strainer. 1.3.1.9. Master valve. 1.3.1.10. Pipe solvent. 1.3.1.11. Booster pump. 1.3.1.12. Gate valves. 1.3.1.13. Check valves. 1.3.1.14. Tree Bubblers. 1.3.2. Controller Chart: N/A 1.3.3. Operating and Maintenance Manuals: N/A in lieu of Operating and Maintenance Manuals Contractor shall prepare and submit as Built Plans indicating irrigation lines added to the existing irrigation system. 1.3.4. Ten (10 days) prior to completion of Work, provide five copies of the as Built Plans showing the expanded irrigation areas. Plans shall provide sufficient detail to permit maintenance personnel to understand, operate, and maintain the equipment. Each copy shall include the following information: 1.3.4.1. Index sheet stating Contractor's address and telephone number, duration of guarantee period, list of equipment including names and addresses of local manufacturer representatives. 1.3.4.2. Operating and maintenance instructions for all equipment. 1.3.4.3. Spare parts lists and related manufacturer information for all equipment. 1.3.5. Submittal Log: Prior to final review of the Work, submit a log with dates and approval or acceptance signatures for the following: 1.3.5.1. Job start meeting. 1.3.5.2. List of materials. 1.3.5.3. Construction submittal reviews. 1.3.5.4. Receipt of materials at site. 1.3.5.5. Record drawings. Pine Park Madison Properties (Phase I) Improvements- City of Carlsbad Project No. 45071 CSI Formatted Specifications 1.3.5.6. Operation and maintenance manuals. 1.3.5.7. Training of Owner's personnel. 1.3.5.8. Manufacturers'warranties. 1.3.5.9. Written guarantee. 1.3.6. Substitutions: 1.3.6.1. The City's authorized representative will allow no substitutions without prior written acceptance. 1.3.6.2. Provide a written statement indicating the reason for making the substitution. Provide catalog cut sheets, technical data, and performance information for each substitute item. 1.3.6.3. Provide in writing the difference in installed price if the item is accepted. 1.3.6.4. The City shall be the sole decision maker on whether the substituion is acceptable. 1.3.7. Record Drawings: Submit dimensioned drawings showing location and depth of.points of connection, pressure lines, control wires, gate valves, backflow prevention unit, master valve, isolation valves, automatic remote control valves (indicate station number and size), quick coupling valves, remote control valves, sprinkler heads, and related equipment as may be directed clearly drafted on a clean set of the project plans. 1.4. JOB CONDITIONS 1.4.1. Examination of Drawings and Site: 1.4.1.1. Drawings: Drawings are diagrammatic. Avoid conflicts between the irrigation systems, planting, architectural features, and utilities. Install plumbing in planting areas wherever possible. Do not exceed irrigation head spacing as shown on the Drawings. Verify exact location with Owner's Representative. The approximate point of connection shall be as indicated on the Drawings. Provide minor changes due to actual site conditions. 1.4.1.2. Fittings: Drawings do not indicate all offsets, fittings, sleeves, etc., which may be required by structural and finished conditions. Furnish fittings required to meet these conditions. 1.4.1.3. Field Conditions: The Contractor shall not willfully install the irrigation system as shown on the drawings when it is obvious in the field that obstructions, grade differences or discrepancies in area dimensions exist that might not have Pine Park Madison Properties (Phase I) Improvements- City of Carlsbad Project No. 45071 CSI Formatted Specifications been considered in engineering. Such obstructions or differences should be brought to the attention of the Owner as soon as detected. In the event this notification is not performed, the Irrigation Contractor shall assume full responsibility for any revision necessary. The Contractor shall verify and be familiar with the locations, size and detail of points of connection provided as the source of water, electrical supply, and telephone line connection to the irrigation system. Provide written notification of field conditions such as obstructions, grade differences, or discrepancies in dimensions or in available water pressure at the point of connection (water pressure should be a minimum of 150% more than design pressure). Irrigation design is based on the available static water pressure shown on the drawings. Contractor shall coordinate and verify with City's authorized representative and verify static water on the project prior to the start of construction. Should a discrepancy exist, notify the City's authorized representative prior to beginning construction. Start of Irrigation Work shall indicate acceptance of all field conditions encountered and acceptance of the responsibility for revisions necessary because of field conditions. 1.4.1.4. Utilities and Soils: Exercise extreme care in excavating and working near existing utilities. Prior to cutting into the soil, the Contractor shall locate all cables, conduits, sewer septic tanks, and other utilities as are commonly encountered underground and he shall take proper precautions not to damage or disturb such improvements. Repair any damage to utilities caused by Irrigation Work. Check existing utility drawings for locations and verify in the field. The Irrigation Contractor shall coordinate the installation of required sleeving as shown on the plans. The Contractor will proceed in the same manner if a rock layer or any other such conditions are encountered. 1.5. GUARANTEE 1.5.1. In addition to manufacturers' specific warranties, warrant the entire irrigation system for a period of one year from date of generally substantial completion. The entire sprinkler system, including all work done under this contract, shall be unconditionally guaranteed against all defects and fault of material and workmanship, including settling of backfilled areas below grade, for a period of one (1) year following the filing of the Notice of Completion. 1.5.2. Should any problem with the irrigation system be discovered within the guarantee period, that problem shall be corrected by the Contractor at no additional expense to City within ten (10) calendar days of receipt of written notice from City. When the nature of the repairs as determined by the City constitute an emergency (i.e. broken pressure line) the City may proceed to make repairs at the Contractor's expense. All damages to existing improvement resulting Pine Park Madison Properties (Phase I) Improvements- City of Carlsbad Project No. 45071 CSI Formatted Specifications either from faulty materials or workmanship, or from the necessary repairs to correct same, shall be repaired to the satisfaction of the City by the Contractor, all at no additional cost to the City. 1.5.3. At Contractor's expense, promptly repair all damage to paving, planting and other components that are due to settlement of improperly compacted trench soil. 1.5.4. Guarantee shall be submitted on Contractor's own letterhead as follows: GUARANTEE FOR SPRINKLER IRRIGATION SYSTEM We hereby guarantee that the sprinkler irrigation system we have furnished and installed is free from defects in materials and workmanship, and the work has been completed in accordance with the drawings and specifications, ordinary wear and tear and unusual abuse, or neglect excepted. We agree to repair or replace any defective material during the period of one year from date of filing of the Notice of Completion and also to repair or replace any damage resulting from the repairing or replacing of such defects at no additional cost to the City. We shall make such repairs or replacements within 10 calendar days following written notification by the City. In the event of our failure to make such repairs or replacements within the time specified after receipt of written notice from City, we authorize the City to proceed to have said repairs or replacements made at our expense and we will pay the costs and charges therefore upon demand. PROJECT NAME: PROJECT LOCATION: CONTRACTOR NAME: ADDRESS: TELEPHONE: SIGNED: DATE: 1.6. INSPECTIONS 1.6.1. The Contractor shall permit the City's authorized representative to visit and inspect at all times any part of the work and shall provide safe access for such visits. 1.6.2. Where the specifications require work to be tested by the Contractor, it shall not be covered over until accepted by the City's authorized representative, and/or governing agencies. The Contractor shall be solely responsible for notifying the, City, and governing agencies, a minimum of 48 hours in advance, where and when the work is ready Pine Park Madison Properties (Phase I) Improvements- City of Carlsbad Project No. 45071 CSI Formatted Specifications for testing. Should any work be covered without testing or acceptance, it shall be, if so ordered, uncovered at the Contractor's expense. 1.6.3. Inspections will be required for the following at a minimum: 1.6.3.1. System layout 1.6.3.2. Pressure test of irrigation mainline (Four hours at 125 PSI or 120% of static water pressure, which ever is greater.) Mainline pressure loss during test shall not exceed 2 PSI. 1.6.3.3. Coverage test of irrigation system. Test shall be performed prior to any planting. 1.6.3.4. Final inspection prior to start of maintenance period 1.6.3.5. Final acceptance 1.6.4. Site observations and testing will not commence without completion of the field record drawings as prepared by the Contractor. 1.6.5. Work that fails testing and is not accepted will be retested. Hourly rates and expenses of the City's authorized representative, and governing agencies for reinspection or retesting will be paid by the Irrigation Contractor at no additional expense to City. 1.7. STORAGE AND HANDLING 1.7.1. Use all means necessary to protect irrigation system materials before, during, and after installation and to protect the installation work and materials of all other trades. In the event of damage, immediately make all repairs and replacements necessary to the acceptance of the City and at no additional cost to the City. 1.7.2. Exercise care in handling, loading, unloading, and storing plastic pipe and fittings under cover until ready to install. Transport plastic pipe only on a vehicle with a bed long enough to allow the pipe to lay flat to avoid undue bending and concentrated external load. 1.8. EQUIPMENT 1.8.1. Supply as a part of this contract the following items: 1.8.1.1. Two (2) wrenches for disassembly and adjustment of each type of sprinkler head used in the irrigation system. 1.8.1.2. Three 30-inch sprinkler keys for manual operation of control valves. 1.8.1.3. Two quick coupler keys with a 1" bronze hose bib, bent nose type with hand wheel and two coupler lid keys. 1.8.1.4. One valve box cover key or wrench. Pine Park Madison Properties (Phase I) Improvements- City of Carlsbad Project No. 45071 CSI Formatted Specifications 1.8.1.5. Six extra sprinkler heads of each size and type. 1.8.2. The above equipment shall be turned over to City's authorized representative at the final inspection. 1.9. COMPLETION 1.9.1. At the time of the pre-maintenance period inspection, City's authorized representative, and governing agencies will inspect the work, and if not accepted, will prepare a list of items to be completed by the Contractor. Non-accepted work shall be re-installed within 10 calendar days. At the time of the post-maintenance period or final inspection acceptance will be in writing by the City's authorized representative, and governing agencies. 1.9.2. The City's authorized representative shall have final authority on all portions of the work. 1.9.3. Any settling of trenches which may occur during the one-year period following acceptance shall be repaired to the City's satisfaction by the Contractor without any additional expense to the City. Repairs shall include the complete restoration of all damage to planting, paving or other improvements of any kind as a result of the work. 2. PART 2-PRODUCTS 2.1. SUMMARY 2.1.1. Use only new materials of the manufacturer, size and type shown on the drawings and specifications. Materials or equipment installed or furnished that do not meet the City's, or governing agencies standards will be rejected and shall be removed from the site at no expense to the City. 2.2. METAL PIPE AND FITTINGS 2.2.1. Pipe: ANSI, Schedule 40 galvanized mild steel screwed pipe. 2.2.2. Fittings: ANSI, Schedule 40 screwed beaded malleable iron or flanged cast iron, 125 pound class. 2.2.3. Unions 2" and Smaller: Ground joint pattern. 2.2.4. Brass Pipe and Fittings: Brass pipe of 85% red brass, ANSI Schedule 40 screwed pipe; fittings of medium brass, screwed 125 pound class. 2.3. COPPER PIPE 2.3.1. Pressure supply line between the water meter and the backflow prevention device shall be type K copper. Copper pipe and fittings shall be Type "K" sweat soldered. Piping to containers and terrace planters shall be copper pipe, type "K". Pine Park Madison Properties (Phase I) Improvements- City of Carlsbad Project No. 45071 CSI Formatted Specifications 2.3.2. Copper pipe in building walls for terrace planters shall be installed in accordance with the codes listed in Section 01060, Regulation Requirements. 2.4. PLASTIC PIPE AND FITTINGS 2.4.1. Polyvinyl Chloride (PVC) Pipe: Pressure supply lines 1 1/2 inches in diameter and smaller downstream of the backflow prevention unit shall be Schedule 40 solvent weld PVC. The PVC pipe shall conform to ASTM D1785 solvent weld type, virgin PVC compound, 2000 psi hydrostatic design stress rate, Schedule 40, marked with manufacturer's name, size, class rating, material designation, date extruded, and NFS seal of approval. J-M, Vinyltech, H & W, Pacific Western, Extrusion Technologies, or equal. To be used exclusively for exterior applications. 2.4.2. Pressure supply lines 2 inches in diameter and up to 3 inches in diameter downstream of backflow prevention unit shall be Class 315 solvent weld PVC. Piping shall conform to ASTM D2241. 2.4.3. Non-pressure lines 3/4 inch in diameter and larger downstream of the remote control valve shall be Class 200 solvent weld PVC conforming to ASTM D2672. 2.4.4. Reclaimed water PVC pipe to be color-coded purple in color marked on two sides with reclaimed water warning statements "Caution- Reclaimed Water". Reclaimed water piping must be accepted by the local reclaimed water governing agencies. 2.4.5. Pipe shall be marked continuously with manufacturer's name, nominal pipe size, schedule or class, PVC type and grade, National Sanitation Foundation approval, Commercial Standards designation, and date of extrusion. 2.4.6. All plastic pipe shall be extruded of an improved PVC virgin pipe compound in accordance with ASTM D2241 or ASTM D1785. 2.4.7. All solvent weld PVC fittings shall be standard weight Schedule 40 and shall be injection molded of an improved virgin PVC fitting compound. Slip PVC fittings shall be the "deep socket" bracketed type. Threaded plastic fittings shall be injection molded. All tees and ells shall be side gated. All fittings shall conform to ASTM D2466. 2.4.8. Threaded Nipples and Risers: Schedule 80 PVC, with molded threads and shall conform to ASTM D1785. 2.4.9. Risers: Schedule 80, threaded, with #5 deformed rebars. 2.5. SOLVENT CEMENTS, PRIMERS AND THREAD LUBRICANT 2.5.1. All solvent cementing of plastic pipe and fittings shall be a two-step process, using primer and solvent cement applied per the manufacturer's recommendations. Cement shall be of a fluid consistency, not gel-like or ropy. Solvent cements and primers shall Pine Park Madison Properties (Phase I) Improvements- City of Carlsbad Project No. 45071 CSI Formatted Specifications comply with ASTM D2564. Socket joints shall be made per recommended procedures for joining PVC plastic pipe and fittings with PVC solvent cement by the pipe and fitting manufacturer and procedures outlined per ASTM D2564 and ASTM D2855. T. Christy Enterprises, IPS Weld-On, or equal. 2.5.2. When connection is plastic to metal, female adapters shall be hand tightened, plus one turn with a strap wrench. Joint compound shall be non-lead base Teflon paste, tape, or equal. 2.6. BELL AND GASKET FITTINGS 2.6.1. Fittings for bell and gasket pressure supply lines shall be ductile iron deep bell type. Fittings shall be manufactured of ductile iron, Grade 65-45-12 in accordance with ASTM A-536. Fitting gaskets shall be in accordance with ASTM F-477. All ductile iron fittings shall be manufactured with exterior lugs. Ductile iron fittings shall be as manufactured by Leemco, Inc., Corona, California. 2.6.2. All tee fittings used to connect remote control valve assemblies and quick coupler assemblies to the mainline shall be ductile iron deep bell type. The outlet side of the tee or ell to the valve assembly shall be sized per the diameter of the largest valve in the assembly or a minimum of 2 inches. Ductile iron deep bell type reducers when used with bolt on links are allowable in lieu of reducing tee or ells. The PVC pipe to the valve assembly shall be secured to the ductile iron fitting using a joint restraint. 2.6.3. All ductile iron fittings and all bell and gasket joints within fifty (50) feet of a directional change in the mainline shall be equipped with mechanical joint restraints. The joint restraint shall be capable of securing the PVC pipe directly to the lugs on the ductile iron fittings without the use of bolts, links and adapters. The joint restraint shall be capable of securing PVC pipe to PVC pipe and PVC pipe to ring joint isolation valves without the use of threaded linkages. Joint restraints shall be as manufactured by Leemco, Inc., Corona, California. 2.7. SPLICE CONNECTORS 2.7.1. Remote control wires: all control wires shall be solid copper, SOO.volt, type UF, polyethylene insulation of 45 ML, conforming to the following wire colors and installation requirements: 2.7.1.1. Common Wires: White (#12 AWG). 2.7.1.2. Control Wires: Different color per each station (different color than any other wire) (#12 AWG). 2.7.1.3. Spare Wires: Two (2) red #12 AWG wires from furthest valve or manifold to controller, minimum (see also plans). 2.7.2. All wire runs under paving or through hardscape structures shall be made in PVC SCH 40 electrical conduit, a minimum of 2 times the Pine Park Madison Properties (Phase I) Improvements- City of Carlsbad Project No. 45071 CSI Formatted Specifications diameter of the wire bundle, and shall sweep up into pull boxes (where greater than 200 ft distance under paving occurs). Pull box spacing shall not exceed 200 ft intervals. 2.8. VALVES 2.8.1. Quick Coupling Valves: Two-piece type brass body, designed for maximum working pressure of 150 psi operable with quick coupler. Valves shall have 1" female threads opening at base. Valves to be operated only with a coupler key, designed for that purpose. Coupler key is inserted into valve and a positive, watertight connection shall be made between the coupler key and valve. Provide 1" swivel ell quill assembly as approved. See plans for manufacturer size and model. 2.8.2. Automatic Remote Control Valves: Electrically controlled, 200 psi rated globe style valve, normally closed, glass-filled nylon body and bonnet with 24 VAC 50/60 cycle solenoid power requirement at 0.41 amp each. See plans for manufacturer, size, and model. 2.8.3. Master Valve: Cast iron and bronze solenoid control valve with water- tight coil assembly. Flow stem for flow rate and closing speed adjustment. Normally open type. See plans for manufacturer and model. 2.8.4. Ball Valves: Ball Valves shall be True Union 2000 Standard Ball valves ( Gray). Provide 1 repari kit to Owner Representative at end of irrigation work. 2.8.5. Bronze "Y" type strainer with cleanout valve and monel mesh strainer; size per main line. See plans for manufacturer and model. 2.9. IRRIGATION HEADS 2.9.1. Sprinkler Heads: All sprinkler heads shall be of the manufacturer size, type, and deliver the same rate of precipitation with the diameter, or radius, of throw, pressure, and discharge as shown on the Drawings and specified. 2.9.1.1. Heads shall have screw adjustments. 2.9.1.2. Riser units shall be fabricated in accordance with the details shown on the Drawings. 2.9.1.3. Riser nipples for all sprinkler heads shall be the same size as the riser opening in the sprinkler body. 2.9.1.4. All sprinkler heads of the same type shall be of same manufacturer. 2.9.1.5. When noted, body shall be equipped with a built-in check valve. 2.9.1.6. Irrigation heads shall be used as indicated on the drawings. Pine Park Madison Properties (Phase I) Improvements- City of Carlsbad Project No. 45071 CSI Formatted Specifications 2.9.1.7. Irrigation heads shall have purple reclaimed water warning cover. 2.9.2. Miscellaneous Equipment 2.9.2.1. Equipment such as flow meters, rain sensors, and master valves shall be of the manufacturer, size and type indicated on the drawings. 2.10. VALVE BOXES 2.10.1. Valve boxes shall be fabricated from a durable, weather-resistant plastic .material resistant to sunlight and chemical action of soils. Plastic rectangular purple No. 3 irrigation control box with locking lid, by Brooks Products, or equal. 2.10.2. The cover and box shall be capable of sustaining a load of 1,500 pounds. 2.10.3. Valve box extensions shall be by the same manufacturer as the valve box. 2.10.4. PVC, 6" diameter communication cable pull box. 2.10.5. Automatic control valve and ball valve boxes shall be 16"x11"x12" rectangular size. Valve box covers shall be marked "RCV" with the valve identification number, or "BV "heat branded" onto the cover in 2 inch high letters / numbers. 2.10.6. Quick coupler valve boxes shall be 10" circular size. Valve box covers shall be marked with "QCV" "heat branded" onto the cover in 2 inch high letters. 2.10.7. Valve box cover shall be purple pantone No. 522 in color and permanently marked on valve box cover plate with the words 'Warning-Reclaimed Water-Do Not Drink". 2.11. TREE BUBBLER: 2.12. Bubblers: Rainbird 1400 Series as shown on Landscape and Irrigation Plan details with 21 psi pressure, .25 GPM, and PCB -25 nozzel. 2.13. FLOW SENSOR WIRES AND COMMUNICATION WIRES 2.13.1. Flow sensor wires shall be as recommended by the flow sensor manufacturer. 2.13.2. Communication wires for controllers and weather sensor shall be as recommended by the manufacturer. 2.13.3. All wire runs shall be made in PVC SCH 40 electrical conduit, a minimum of 2 times the diameter of the wire bundle, and shall sweep up into pull boxes (where greater than 200 ft distance under paving occurs). Pull box spacing shall not exceed 200 ft intervals. Utilize Pine Park Madison Properties (Phase I) Improvements- City of Carlsbad Project No. 45071 CSI Formatted Specifications joint trenching with other utilities where controller communication wiring is to connect between controllers. 2.13.4. Electrical: 2.13.4.1. All electrical equipment shall be NEMA Type 3, waterproofed for exterior installations. 2.13.4.2. All electrical work shall conform to local codes and ordinances. 2.14. FLOW SENSOR ASSEMBLY 2.14.1. Flow sensor assembly shall be as specified in the irrigation legend. 2.15. WARNING LABELS AND TAGS 2.15.1. Use T. Christy's riser markers, with "RECLAIMED WATER - DO NOT DRINK" in English and Spanish, for all reclaimed water sprinkler risers installed. 2.15.2. Use T. Christy's I.D. Tags with "WARNING - RECLAIMED WATER DO NOT DRINK" in English and Spanish for all reclaimed water remote control valves. 2.16. WARNING TAPES 2.16.1. Warning tape for reclaimed water mainlines: 2.16.1.1. The plastic warning tape shall be prepared with silver printing on a purple field having the words, "CAUTION: RECLAIMED WATER LINE BELOW". The overall width shall be 3 inches. 2.17. EXTRA EQUIPMENT OPERATING AND MAINTENANCE TOOLS 2.17.1. Contractor shall provide to the Owner: 2.17.1.1. Extra drip emitters, drip access boxes, sprinkler heads, shrub adapters, filter screens and nozzles in amounts equal to two (2) of each type used on the project. 2.17.1.2. Valve box keys: two (2). 3. PART 3 - EXECUTION 3.1. EXAMINATION 3.1.1. Verification of Conditions: 3.1.1.1. Prior to all work of this section, carefully inspect the installed work of all other trades and verify that all such work is complete to the point where this installation may properly commence. Contractor shall acquaint himself with Pine Park Madison Properties (Phase I) Improvements- City of Carlsbad Project No. 45071 CSI Formatted Specifications all site conditions and proposed site conditions as indicated on the plans and specifications. 3.1.1.2. Verify that irrigation system may be installed in strict accordance with all pertinent codes and regulations, the original design, the referenced standards, and the manufacturer's recommendations. 3.1.1.3. All scaled dimensions on drawings are approximate. Before proceeding with any work, Contractor shall carefully check and verify all dimensions and quantities and shall immediately inform Owner of discrepancies between drawings and specifications and actual conditions. No work shall be conducted where discrepancies occur, until approval has been given by the Owner. 3.1.1.4. Plan locations of point of connection, pull boxes, existing equipment, sprinkler heads, backflow prevention devices, valves, controller and pipe lines are diagrammatic and indicate the spacing and relative locations of all installations. Locations shall be changed and adjusted as necessary and as directed to meet existing conditions and obtain complete water coverage. Final locations shall be determined by final site conditions and plantings. Install and extend system as shown on the drawings, and as necessary to carry out the intent of the drawings and specifications. 3.1.1.5. Point of connection shall be approximately as shown on drawings. Connect new underground piping and valves and provide all flanges, adapters or other necessary fittings for connection. 3.1.1.6. Contractor shall coordinate the installation of all irrigation materials with all other work. 3.1.1.7. All scaled dimensions are approximate. The Contractor shall check and verify all size dimensions prior to proceeding with work under this section. 3.1.1.8. Exercise extreme care in excavating and working near existing utilities. Contractor shall be responsible for damages to utilities, which are caused by his operations or neglect. Contractor shall be responsible to contact "Dig Alert" prior to commencing any underground work. 3.1.2. Diagrammatic Intent: 3.1.2.1. The drawings are essentially diagrammatic. The size and location of equipment and fixtures are drawn to scale where possible. Provide offsets in piping and changes in equipment locations as necessary to conform with structures and to avoid obstructions or conflicts with other work at no additional expense to City. Pine Park Madison Properties (Phase I) Improvements- City of Carlsbad Project No. 45071 CSI Formatted Specifications 3.1.3. Layout: 3.1.3.1. Layout irrigation system and make minor adjustments required due to differences between site and drawings. Where piping is shown on drawings under paved areas, but running parallel and adjacent to planted areas, install the piping in the planted areas. 3.1.4. Water Supply: 3.1.4.1. Connections to, or the installation of, the water supply shall be at the locations shown on the drawings. Minor changes caused by actual site conditions shall be made at no additional expense to City. 3.1.5. Electrical Service: 3.1.5.1. Connections to the electrical supply shall be at the locations shown on the drawings. Minor changes caused by actual site conditions shall be made at no additional expense to City. 3.1.5.2. Contractor shall coordinate with the Owner for electrical connections to the existing irrigation controller. Electrical power source to controller locations shall be provided by City. 3.2. POLYVINYL CHLORIDE PIPE INSTALLATION 3.2.1. Storage of Materials: 3.2.1.1. Because of the nature of plastic pipe and fittings, exercise caution in handling, loading and storing, to avoid damage. 3.2.1.2. The pipe and fittings shall be stored under cover until using, and shall be transported in a vehicle with a bed long enough to allow the length of pipe to lay flat so as not to be subjected to undue bending or concentrated external load at any point. 3.2.1.3. All pipe that has been dented or damaged shall be discarded unless such dent or damaged section is cut out and pipe rejoined with a coupling. 3.2.2. Excavation and Backfilling of Trenches: 3.2.2.1. Contractor shall be responsible to contact "Dig Alert" at 800-422-4133 two (2) business days prioer to commencing any underground work for the project. Locate existing lines, valves and other underground utilities before digging trenches. Excavate trenches, prepare subgrade, and backfill to line and grade with sufficient room for pipe fittings, testing and inspecting operations. Do not backfill until the pipe system has been subjected to a hydrostatic Pine Park Madison Properties (Phase I) Improvements- City of Carlsbad Project No. 45071 CSI Formatted Specifications test as specified. Do not cover any installed control wiring until it has been tested for shorts and visually observed by the Owner. 3.2.2.2. Trenches for buried irrigation pressure lines shall be excavated wide enough to allow a minimum of six.inches between parallel pipe lines and eight inches from lines of other trades. Lines shall not be installed parallel and directly over one another. Maintain three (3) inches vertical clearance between crossing irrigation lines; minimum transverse angle is 45 degrees. 3.2.2.3. Depth of Trench: Buried Polyvinyl Chloride Pressure Line, 18 inches min., 24 inches max. All Non-Pressure Piping, 12 inches min., 18 inches max. All Pressure Pipe Under Roads, 24 inches min., 36 inches max. 3.2.2.4. Trench depth for buried pipe shall be as specified above from the finish grade to the top of the pipe. The bottom of the trench shall be free of rocks, clods, and other sharp- edged objects over 1" diameter size. 3.2.2.5. Deposit topsoil on one side of trench and subsoil on the opposite side, then install irrigation lines and test each section. 3.2.2.6. Backfill trenches, after approval of piping, with approved material, tamping around pipe and thoroughly compacting all trench fills until 90% relative compaction has been achieved. Backfill material shall be free from rocks and clods. 3.2.3. Piping: 3.2.3.1. Piping under existing pavement may be installed by jacking, boring, or hydraulic driving. No hydraulic driving is permitted under asphalt pavement. 3.2.3.2. Cutting or breaking of existing pavement is not permitted. Any broken or removed pavement shall be replaced in kind if damage occurs due to the installation of the irrigation system or under this contract. 3.2.3.3. Carefully inspect all pipe and fittings before installation, removing dirt, scale, burrs, and reaming. Install pipe with all markings up for visual inspection and verification. 3.2.3.4. Remove all dented and damaged pipe sections. 3.2.3.5. Parallel lines shall not be installed directly over each other. Pine Park Madison Properties (Phase I) Improvements- City of Carlsbad Project No. 45071 CSI Formatted Specifications 3.2.3.6. In solvent welding, use only the specified primer and solvent cement and make all joints in strict accordance with the manufacturer's recommended methods including wiping all excess solvent from each weld. Allow solvent welds at least 15 minutes setup time before moving or handling and 24 hours curing time before filling. 3.2.3.7. PVC pipe shall be installed in a manner, which will provide for expansion and contraction as recommended by the pipe manufacturer. 3.2.3.8. Centerload all plastic pipe prior to pressure testing. 3.2.3.9. All threaded plastic-to-plastic connections shall be assembled using Teflon tape or Teflon paste. 3.2.3.10. For plastic-to-metal connections, work the metal connections first. Use a non-hardening pipe dope on all threaded plastic-to-metal connections, except where noted otherwise. All plastic-to-metal connections shall be made with plastic female adapters. 3.2.4. Irrigation Piping and Fittings: 3.2.4.1. Pipe shall be snaked from side-to-side to allow for expansion and contraction. Pipe shall rest on smooth ground without bumps, humps, etc. whether underground or above-grade. 3.2.4.2. Center load below-grade pipe at 10' intervals with small amount of backfill to prevent arching and slipping under pressure. Leave joints exposed for site observation during testing. 3.2.4.3. Repair any leaks and replace all defective pipe or fittings until lines meet test requirements. Do not cover any below-grade lines until they have been checked and approved for tightness, quality of workmanship and materials. 3.2.4.4. Pipe ends and fittings shall be wiped with "MEK" primer, Weld-On "P-70" or equal, before welding solvent is applied. Welded joints shall be given a minimum of 15 minutes to set before moving or handling. All field cuts shall be bevelled to remove burrs and excess material before fitting and gluing together. 3.2.4.5. Plastic to brass joints shall be made with plastic female adapters, metal nipple hand tightened, plus one turn with a strap wrench. 3.2.4.6. Plastic to plastic joints shall be solvent-weld, assembled per pipe manufacturer's specifications and using solvent recommended by pipe manufacturer only. Pine Park Madison Properties (Phase I) Improvements- City of Carlsbad Project No. 45071 CSI Formatted Specifications 3.2.4.7. All connections to polyvinyl chloride pipe mains shall be made horizontally. 3.2.4.8. No water shall be permitted in the pipe until a period of at least 24 hours has elapsed for solvent weld setting and curing. 3.3. BRASS PIPE INSTALLATION 3.3.1. Cut brass piping by power hacksaw, circular cutting machine using an abrasive wheel, or hand hacksaw. No piping shall be cut with metallic wheel cutter of any description. Ream and remove rough edges of burrs so smooth and unobstructed flow is obtained. 3.3.2. Carefully and smoothly place thread lubricant on male thread only. Tighten screwed joints with tongs or wrenches. Caulking is not permitted. 3.4. REMOTE CONTROL WIRING INSTALLATION 3.4.1. Provide one control wire and one common ground wire to service each valve in system. Provide 4'-0" minimum expansion loop at each valve to permit removal and maintenance of valves. 3.4.2. Install control wires at least 18" below finish grade when not installed in same trench with buried pressure pipe. Bundle wire together with electrical tape 10 feet on center. Bundle shall be secured to the mainline with tape at intervals of 20 feet. All connections shall be of an approved type and shall occur in a valve box. Provide an 18-inch service loop at each connection. Install wires with a 2 foot coiled loop up into each remote control valve box along mainline route. 3.4.3. Install control wires and irrigation pressure piping in common trenches wherever possible. 3.4.4. All irrigation control wiring passing through structure, underneath paving, traveled ways or roadways shall be placed inside conduits. 3.4.5. All wires in pull boxes shall be loose and shall not come within three inches (3") from lid. 3.4.6. Wire Connections: Common, control and spare wires shall be installed with a 4'-0" coiled excess wire length at each end enclosure. Each wire splice shall be encased in the waterproof epoxy of waterproof connectors. Wire splices shall be made only in valve or pull boxes. 3.4.7. Testing: All wiring shall be tested for continuity, open circuits and unintentional grounds prior to connecting to equipment. The minimum insulation resistance to ground shall be fifty (50) megaohms. Any wiring not meeting this requirement shall be replaced, at the Contractor's expense. The responsibility of testing lies with the Contractor to insure it is completed. Pine Park Madison Properties (Phase I) Improvements- City of Carlsbad Project No. 45071 CSI Formatted Specifications 3.4.8. Numbering and Tagging: Identify direct burial control wires at each automatic valve and at the terminal strips of the controller with corresponding valve station numbers shown on the drawings. Tag wires at the terminal strips with 3M Scotchcode SER Wire Markers or equal. Identify spare wires by capping ends with waterproof connectors as specified above and tagging with an I.D. tag marked "SP". 3.5. BACKFILLING 3.5.1. Backfill material on all lines shall be the same as adjacent soil free of debris, litter, and rocks over 1/2 inch in diameter. 3.5.2. Backfill shall be tamped in 4-inch layers under the pipe and uniformly on both sides for the full width of the trench and the full length of the pipe. Backfill materials shall be sufficiently damp to permit thorough compaction, free of voids. Backfill shall be compacted to dry density equal to adjacent undisturbed soil and shall conform to adjacent grades. 3.5.3. Flooding in lieu of tamping is not allowed. 3.5.4. Under no circumstances shall truck wheels be used to compact backfill. 3.5.5. Provide sand backfill a minimum of 6 inches over and under all piping under paved areas. 3.6. AUTOMATIC SPRINKLER CONTROLLER 3.6.1. Contractor shall become familiar with existing controller and shall coordinate w/ Parks Maintenance Department in connections to existing irrigation system. Controller shall be fully operable prior to planting operations. 3.6.2. Connections to control wiring shall be made within wiring boxes. 3.6.3. The Electrical Contractor shall be responsible for installing all wiring to the sub-panels, clocks, or elsewhere as required, in order to complete this installation. 3.6.4. Seal open ends of all electrical conduit with waterproof sealant to keep out pests. 3.6.5. Program time on each station shall be coordinated with the Parks Maintenance Division. The irrigation system is currently programmed to operate during the periods of minimal public use of the park. 3.7. REMOTE CONTROL VALVE INSTALLATION 3.7.1. Install remote control valves in locations approximately as shown on the drawings, with 4" distance from top of flow control stem to valve box lid. Install a union type connection, with one ball valve per remote control valve. Fit with valve box and locking cover as shown in the Pine Park Madison Properties (Phase I) Improvements- City of Carlsbad Project No. 45071 CSI Formatted Specifications detailed drawings. Fit with reclaimed water use warning tag where reclaimed water is to be used with valve. 3.7.2. Install one valve per valve box, maximum. Do not run other pipes through valve boxes. Valves shall be installed in planted areas, 12" from curbs or paved areas, wherever possible. Never place valves in traffic areas or in pavement. 3.8. VALVE BOX AND PULL BOX INSTALLATION 3.8.1. Install valve boxes as shown in the detail drawings. Valve boxes shall be installed in shrub areas whenever possible. Install no more than one valve per box. 3.8.2. Each valve box shall be installed on a foundation of 3/4 inch gravel backfill, 3 cubic feet minimum. Valve boxes shall be installed with their tops 1/2 inch above the surface of surrounding finish grade in lawn areas and 2 inches above finish grade in ground cover areas. 3.8.3. Heat brand in 2" high lettering, the identification number of the valve and the controller clock on the cover of the remote control valve box. 3.8.4. Pull boxes shall be labeled "PB" in like manner described for valves, "BV" for ball valve, etc., etc. 3.9. MISCELLANEOUS EQUIPMENT 3.9.1. Install all assemblies specified herein according to the respective detail drawings or specifications, using best standard practices. 3.9.2. Quick coupler valves shall be set approximately 12 inches from walks, fences, curbs, header boards, or paved areas where applicable. 3.9.3. Install devices such as rain sensors, freeze sensors, flush valves, air relief valves and master valves as indicated on the drawings and as recommended by the manufacturer. 3.10. FLUSHING 3.10.1. Main Lines: Flush underground mains and lead-in connections to sprinkler system thoroughly before connecting to control valves. Flush mains using a flush out assembly at lowest elevation. 3.10.2. Prior to installation of irrigation heads, the valves shall be opened and a full head of water used to flush out the lines and risers. 3.10.3. Lateral Pipes: After all sprinkler pipe lines and risers are in place and connected and prior to installation of sprinkler heads, flush all lines with a full head of water. Do not install heads until lines have been flushed and approved. 3.10.4. Irrigation heads shall be installed after flushing the system has been completed. Pine Park Madison Properties (Phase I) Improvements- City of Carlsbad Project No. 45071 CSI Formatted Specifications 3.11. SPRINKLER HEAD INSTALLATION 3.11.1. Install all sprinkler heads as shown in the details, and as shown in the manufacturer's instructions. Spacing of heads shall not exceed maximum indicated on the drawings. Riser nipples shall be the same size as the riser opening in the sprinkler body. 3.11.2. Nozzle size of all heads shall be adjusted to suit any particular conditions of the area. This shall be done after the system has been thoroughly tested, immediately after written notification by the Owner. 3.12. QUICK COUPLING VALVE INSTALLATION 3.12.1. Install quick coupling valves as per the detail shown on plans. 3.13. SPRING CHECK VALVE INSTALLATION 3.13.1. Install spring check valves on risers of sprinklers to prevent low head drainage. Install spring check valves on laterals where indicated. 3.14. PRESSURE TESTS 3.14.1. Do not allow or cause any of the work of this section to be covered up or enclosed until it has been observed, tested and accepted by the City, and governing agencies. The Contractor shall be solely responsible for notifying the City, and governing agencies, a minimum of 48 hours in advance, where and when the work is ready for testing. Test pressure supply lines under 150 psi hydrostatic pressure for a period of 4 hours. All laterals shall be tested under existing static pressure to ensure all fittings and connections are water tight. Cap all risers for testing. Do not backfill over any line more than necessary for testing until line has been inspected, tested, and approved. Center load only. Leave pipe connections uncovered. Install remote control valves, quick couplers, and other valve assemblies after testing has been approved. 3.15. COVERAGE TESTS 3.15.1. The Contractor shall be solely responsible for notifying the City, and governing agencies, a minimum of 48 hours in advance, where and when the work is ready for testing. When the sprinkler system is completed, and before any planting, the Contractor shall perform a coverage test of each system in its entirety to determine if the water coverage for the planted areas is complete and adequate in the presence of the Owner. Furnish all materials and perform all Work required to correct any inadequacies of coverage due to deviations from the Drawings or where the system has been willfully installed as shown on Drawings when it is obviously inappropriate or ineffective without bringing it to the attention of the Owner. This test shall be performed prior to the planting of any lawns, hydroseed, or groundcover. Pine Park Madison Properties (Phase I) Improvements- City of Carlsbad Project No. 45071 CSI Formatted Specifications 3.16. SYSTEM ADJUSTMENT 3.16.1. Adjust valve flow controls for proper operation. Adjust sprinkler heads for alignment or change nozzles for coverage and minimum overthrow. Make adjustments prior to any planting. Entire irrigation system shall be under full automatic operation for 5 days prior to any planting. 3.16.2. If it is determined by the City's authorized representative that additional adjustments or nozzle changes will be required to provide proper coverage, all necessary changes or adjustments shall be made prior to any planting. 3.16.3. The entire system shall be operating properly before any planting operations commence. 3.16.4. Automatic control valves are to be adjusted so that the irrigation heads and drip tubing operate at the pressure recommended by the manufacturer. 3.17. ACCEPTANCE 3.17.1. The Work of this Section shall be accepted in writing when completed to the satisfaction of the Owner's Representative after the 90-day Maintenance Period. 3.17.1.1. Sprinkler Heads: Clean and adjust heads and repeat coverage test after planting to ensure full coverage at end of landscape maintenance period. Refer to Section 02810- Landscape Irrigation. 3.18. IRRIGATION MAINTENANCE 3.18.1. Maintenance period shall begin when all Work indicated on Drawings and specified has been completed, inspected and approved by Owner's Representative. Maintenance work shall be performed as specified herein after, and shall be continued for a minimum period of 90 calender days. During the maintenance period the Contractor shall adjust and maintain the irrigation system in a fully operational condition providing complete irrigation coverage to all intended plantings. The Contractor shall not be released from the maintenance period obligation until all items found during inspections have been resolved to Owner's Representative's satisfaction in conformance with the Drawings and Specifications, and a written statement so stating has been issued. 3.18.1.1. Repair Materials: Have at the job site, at all times, a repair kit and spare parts for plastic pipe and irrigation heads. 3.18.1.2. Tools: Provide adequate garden hoses, sprinkler heads, hose bibb keys, and other equipment and materials as necessary for the execution of maintenance work as required. Pine Park Madison Properties (Phase I) Improvements- City of Carlsbad Project No. 45071 CSI Formatted Specifications 3.18.1.3. Weekly Inspection: Once each week of operation, after turning on a valve, examine visually each sprinkler head in the section to make certain there is no blockage by dirt or rock particles. If damage occurs to any sprinkler head causing an unrepairable effect, the damaged part shall be immediately replaced with a new part of the same manufacture at no additional cost to Owner. 3.18.1.4. Repairs: If leakage occurs around junction of bonnet and body of sprinkler head, control valves, hose bibbs, or gate valves, correct by replacing the gasket between the two parts. If leakage occurs at the point where the valve stem emerges through the top of the bonnet, correct by tightening the packaging nut against the bonnet. Tighten only enough to cause the leak to stop. Replace packing if necessary. 3.18.1.5. Irrigation Timing, Tests, Schedules: 3.18.1.5.1. The criterion for developing a schedule for irrigation is the proper maintenance of soil moisture. Coordinate on the watering schedule with the Parks Maintenance or Owner's Representative. 3.19. FINAL OBSERVATION AT END OF MAINTENANCE PERIOD PRIOR TO ACCEPTANCE OF IRRIGATION WORK 3.19.1. Operate each system in its entirety for Owner's Representative at the time of final observation. Any items deemed not acceptable shall be reworked to the complete satisfaction of Owner's Representative. Show evidence to the Owner's Representative that Owner has received all accessories, charts, Record Drawings, and equipment as required before final observation occurs. Final inspection will not commence without record drawings as prepared by the Irrigation Contractor. 3.20. CLEAN UP 3.20.1. Clean up as each portion of the Work of this Section progresses. Remove refuse and excess dirt from the site, broom clean walks and paving, and repair any damage to surrounding areas as approved. Any damage sustained on the work of others shall be repaired to original conditions. Upon completion of the Work, restore ground surfaces to required elevations and remove excess materials, debris, and equipment from the site. END OF SECTION Pine Park Madison Properties (Phase I) Improvements- City of Carlsbad Project No. 45071 CSI Formatted Specifications SECTION 02900 LANDSCAPING PLANTING (INCLUDES STABILIZED DECOMPOSED GRANITE PATHWAY) 1. PART 1 GENERAL 1.1. DESCRIPTION 1.1.1. Provide all labor, materials, and equipment required to install all Landscape Work shown on the Drawings and specified herein. 1.2. QUALITY ASSURANCE 1.2.1. Applicable Standards: 1.2.1.1. American Association of Nurserymen, Horticultural Standards. 1.2.1.2. American Joint Committee on Horticultural Nomencla- ture - Standardized Plant Names. Mount Pleasant Press, Harrisburg PA, current edition. 1.2.1.3. California Standard Grading Code of Nursery Stock. 1.2.2. Inspection of Plant Materials: Provide notification within 10 days after the award of Contract if plant materials of specified type and size are not available. 1.2.3. Site Reviews: Obtain approval at each of the reviews listed be- low before proceeding with the Work. Provide 48 hour advance notification of readiness for the following: 1.2.3.1. Delivery: Delivery of plant material; including trees, shrubs, vines and groundcover. 1.2.3.2. Spotting: Spotting of all plant materials before excava- tion of planting holes shall be performed by contractor and approved in the field by Owner's representative 1.2.3.3. Completion: Completion of Landscaping Work. 1.2.3.4. Final Review: Completion of Maintenance period. 1.2.4. Plant Names: In all cases, botanical names shall take prece- dence over common names. 1.3. SUBMITTALS 1.3.1. Prior to ordering 15 Gallon size trees or larger, submit photo- graphs of specimens for Owner's review 1.3.2. Delivery: Submit delivery receipts stating source and quantity for each of the following types of material: 1.3.2.1. Top soil. 1.3.2.2. Bulk materials. 1.3.2.3. Fertilizers. Pine Park Madison Properties (Phase I) Improvements- City of Carlsbad Project No. 45071 CSI Formatted Specifications 1.3.2.4. Trees, shrubs, and groundcovers. 1.3.3. Contractor shall submit a complete list of soil amendments, ferti- lizers, and plant materials, specified with quantities and suppliers of each, a minimum of six (6) weeks prior to delivery to the site. 1.3.4. Contractor shall submit signed copies of certificates, invoices and trip slips to the Owner for verification of quantities of all materials delivered to site for incorporation into work. 1.3.5. Contractor shall submit one pint of bark mulch to the architect for approval. 1.3.6. Contractor shall submit the nursery source for contract grown plant material upon award of the project. 1.3.7. Check List: Prior to final review submit a log of all check list items showing dates and approval signatures for the job start meeting, soil sampling locations, site reviews, and acceptance of punch list corrections. 1.3.8. Pest & Weed Control Applicators: Submit evidence of licensing by State of California as Pest Control Operator and Advisor. 1.3.9. PRODUCT DELIVERY, STORAGE AND HANDLING 1.3.9.1. Delivery of Materials: Packaged Materials: Deliver packaged materials in unopened bags or containers, each bearing the name, guarantee, and trademark of the producer, and the composition, analysis and the weight of the material. 1.3.9.2. Plant Protection: Plant nursery stock at once upon delivery. If this is not feasible, plants shall be heeled- in, e.g. all bundles open, the plants spread out into a spade depth trench, the roots fully covered with damp soil, and protected from the sun and wind. Protect plants from the drying action of sun and wind until planted. Protect container grown plants, which cannot be planted immediately upon delivery with soil, wood shavings, or other protective material. 1.4. JOB CONDITIONS 1.4.1. Do not begin the Landscaping Work until site irrigation system has been reviewed, tested, and approved. 1.4.2. Examination of Drawings and Site: 1.4.2.1. Drawings: Drawings are diagrammatic. Plant place- ment will be approved in field by Owner. 1.4.2.2. Field Conditions: Verify field conditions such as ob- structions, grade differences, and discrepancies in di- mensions. The start of Landscaping Work shall indi- cate acceptance of field conditions. Assume responsi- bility for any revisions necessary. 1.4.3. Protection: Pine Park Madison Properties (Phase I) Improvements- City of Carlsbad Project No. 45071 CSI Formatted Specifications 1.4.3.1. Existing Trees: Protect trees and roots from injury as specified in Section 02115 - Tree Protection and Trimming. 1.4.3.2. Utilities: Verify that all existing utilities have been lo- cated and protected before start of Landscape Work. 1.5. GUARANTEES AND REPLACEMENTS 1.5.1. Shrubs, vines and groundcovers shall be guaranteed to remain healthy and vigorously growing for 90 days, from date of final ac- ceptance of project. 1.5.2. All plants found to be dead and all plants not in a vigorous condi- tion noted within the Guarantee Period shall be replaced within fourteen (14) calendar days. 1.5.3. Plants used for replacement shall be the same kind and size as specified in the plant list. They shall be furnished, planted and fertilized as originally specified. 1.5.4. Submit replacement guarantee for upright growth and health of plant materials for following periods. Replacement shall be with plants of same type and size as those originally planted, main- tained, and guaranteed for original period specified. 1.5.4.1. Trees: 12 months after final acceptance for plants 15 gallons and larger. 1.5.4.2. Shrubs and Groundcover: 6 months after final accep- tance for plants up to 15 gallon size. 1.5.4.3. Vines: 6 months after final acceptance for plants up to 15 gallon size. 1.6. SITE OBSERVATION VISITS 1.6.1. Site observation visits herein specified shall be made by the Owner or his representative. The Contractor shall request site observation two (2) days in advance of the time observation is required. 1.6.2. Site observation will be required for the following parts of the work: 1.6.2.1. Incorporation of soil conditioner and fertilizer into the soil prior to planting. 1.6.2.2. Approval of plant materials with trees and shrubs spot- ted in place for planting, but before planting holes are excavated. 1.6.2.3. When planting, and all other indicated or specified work, except the Maintenance Period, has been com- pleted. Acceptance and written approval shall estab- lish beginning of the Maintenance Period. 1.6.2.4. Final site observation visit at the completion of the ni- nety (90) day Maintenance Period. This site observa- Pine Park Madison Properties (Phase I) Improvements- City of Carlsbad Project No. 45071 CSI Formatted Specifications tion visit shall establish the beginning date for the guarantee period of plant material. 1.6.3. The Contractor or his authorized representative shall be on the site at the time of each site observation visit by the Owner. 1.7. GENERAL REQUIREMENTS 1.7.1. The term "Planting Area" shall mean all areas to be planted with shrubs, groundcovers, and vines. 1.7.2. Actual planting shall be performed during those periods when weather and soil conditions are suitable in accordance with local- ly accepted horticultural practice. 1.7.3. All rock and other growth or debris accumulated within the dura- tion of the project shall be removed from the site. 1.7.4. Upon completion of all soil preparation operations, two (2) soil samples shall be taken by the Contractor and analyzed as to their respective agronomic suitabilities by a soil laboratory approved by the Owner. The results of these tests are to be reviewed by the Owner for any required modifications to specified soil prepa- ration. 1.7.5. Prior to excavation for planting or placing of plant materials, lo- cate all underground utility lines still in use and take proper pre- cautions to avoid damage to such improvements. In the event of a conflict between such lines and plant locations, immediately no- tify the Owner who shall arrange for the re-location of one or the other. The Contractor assumes all responsibility for making any and all repairs for damages resulting from work as herein speci- fied. 1.7.6. Grading and soil preparation work shall be performed only during the period when beneficial and optimum results may be obtained. If the moisture content of the soil should reach such a level that working it would destroy soil structure, spreading and grading operations shall be suspended until the moisture content is in- creased or reduced to acceptable levels and the desired results are likely to be obtained. 1.7.7. All scaled dimensions are approximate. Before proceeding with any work, carefully check and verify all dimensions and imme- diately inform the Owner of any discrepancy between the draw- ings and/or specifications and actual conditions. 1.7.8. Quantities for plant materials are shown for convenience only, and not guaranteed. Check and verify count and supply sufficient number to fulfill intent of drawings. Verify any clarifications with the Owner. 1.7.9. Adequately stake, barricade, and protect all irrigation equipment, existing trees, manholes, utility lines, and other existing property during all phases of the soil amending planting and grading oper- ations. Pine Park Madison Properties (Phase I) Improvements- City of Carlsbad Project No. 45071 CSI Formatted Specifications 1.8. PLANT SELECTION 1.8.1. Upon award of the project the Contractor shall inform the Owner of the nursery source of all plants. The Owner will check the plants at the nursery source for approval. If the plants are re- jected, the Contractor shall be responsible for locating other sources of plants. The contract price for the project shall not change due to rejected plants. The Contractor shall make all ne- cessary financial arrangements or purchase orders to reserve the plants specifically for this project. 1.8.2. Shrub Samples: Typical samples, one (1) each of all varieties and sizes (15 gallon and under) shrubs of all plant materials shall be submitted for approval at the site after grading and prior to planting operations. Approved samples shall remain on the site and shall be maintained by the Contractor as standards of com- parison for plant materials to be furnished. Samples may be in- corporated into the work. 1.9. REJECTION AND SUBSTITUTION 1.9.1. All plants not conforming to the requirements herein specified and on the drawings shall be considered defective, and such plants, whether in place or not, shall be marked as rejected and be immediately removed from the site of the work and replaced with acceptable plant materials. The plant materials shall meet all applicable inspections required by law. All plants shall be of the species, variety, size, age, flower color and condition as spe- cified herein and/or as indicated on the drawings. Under no con- dition will there be any substitution of plant species, variety, or reduced sizes for those listed on the accompanying drawings, except with the express written consent of the Owner. 1.10. INVOICING OF PLANT MATERIALS AND SOIL PREPARATION CONFORMANCE TEST 1.10.1. A sample of the soil amendments shall be delivered to the Owner within ten (10) days after notice to proceed. 1.10.2. Upon delivery of materials and/or completion of all soil condition- ing and grading, but prior to initiating planting operations, the Owner with the heretofore specified signed copies of required certificates, trip slips, and invoices for soil preparation materials, shall compare the total quantities of each material furnished against the total area for each operation. If the minimum rates of application have not been met, the Owner will require at the Con- tractor's expense, the distribution of additional quantities of these materials to fulfill the minimum application requirements speci- fied. 1.10.3. After installation of plant materials, but prior to the pre mainten- ance site observation visit, the Owner, with the heretofore speci- fied signed copies of the required certifications, trip slips, and in- voices for the plant materials and related items, shall compare the total area and/or the amounts specified. If the minimum Pine Park Madison Properties (Phase I) Improvements- City of Carlsbad Project No. 45071 CSI Formatted Specifications amounts have not been furnished, the Owner will require at the contractors expense, the installation of additional materials to ful- fill the minimum requirements specified. 1.11. DECOMPOSED GRANITE REQUIREMENTS 1.11.1. Tests: Perform gradation of decomposed granite material in ac- cordance with ASTM C 136 - Method of Sieve Analysis for Fine and Course. 1.11.2. Environmental Conditions: Do not install decomposed granite paving while it is raining. For Stabilized Decomposed Granite, contractor must check forecast and proceed only if rain is not predicted for a minimum of 72 hours, and it has not rained for a minimum of 48 hours. 1.11.3. Quality Assurance: Installer - Provide evidence to indicate suc- cessful experience in installing decomposed granite or crushed 3/8" or 1/4" aggregate paving containing Stabilizer binder addi- tive. 2. PART 2 - PRODUCTS 2.1. SOIL AMENDMENT AND FERTILIZER 2.1.1. Soil conditioner shall be commercially processed bark or wood product which has been well composted, consisting of a com- mercial blend of organic fractions supplying gradient degrees of breakdown and conforming to the following requirements: 2.1.1.1. Derived from bark of pine, white fir or redwood, or from cedar or redwood shavings. 2.1.1.2. Composted a minimum of 180 days and a maximum of 1 year. pH shall be 7.0 maximum and 5.5 mini- mum. 2.1.1.3. Salinity maximum 3.1 mmhos per centimeter at 25 degrees C as measured by saturation extract conduc- tivity. 2.1.1.4. Impregnated with a minimum of 1% nitrogen, 0.04% phosphoric acid, 0.04% available potash, 0.02% cal- cium, 0.03% magnesium and 0.05% iron. Redwood particles to be 1/50" to 1/4" in size, organic matter 97%, moisture content 30%. 2.1.1.5. Ash content not to exceed 10%. 2.1.2. Soil Conditioner shall be Organo life, A.J. - Ecohumus, Loamex or approved equal by Owner. Pre-plant Commercial Fertilizer (15-15-15) shall be uniform in composition, free flowing, suitable for application with approved equipment and delivered to the project site in unopened original container or package, each bearing the manufacturer's statement of guaranteed analysis, and shall contain the following minimum available percentage by weight of plant nutrients: Pine Park Madison Properties (Phase I) Improvements- City of Carlsbad Project No. 45071 CSI Formatted Specifications Nitrogen 15% minimum Phosphoric Acid 15% minimum Potash 15% minimum Wil-Gro, Bandini, Gro Power, Kellogg or approved equal. 2.1.3. Soil Sulfur: Shall be 99% elemental sulfur, Wilgro Life, Union Chemical or approved equal. 2.1.4. Wetting Agent: shall be "Naiad" turf and Ornamental Plantings Soil Penetrate or approved equal. 2.1.5. Iron Sulfate: 20% Iron by volume. Warning: Fertilizers contain- ing chelated iron will stain concrete surfaces. The Contractor shall take care not to stain concrete and shall be responsible for removing all iron stains from concrete at no additional cost to the Owner. 2.1.6. Fertilizer Tablets: Shall be Agriform (20-10-5) chip tablets, 21 gram and 5 gram size, or approved equal. 2.1.7. Gypsum - Commercially packaged, free flowing gypsum contain- ing not less than 95% by volume of calcium sulfate as an active ingredient. 2.2. BACKFILL MIX 2.2.1, For trees, shrubs, and vines, thoroughly mix per cubic yard: 6 parts by volume of site topsoil, 4 parts by volume of nitrogen sta- bilized organic amendment and nitrolized fir bark, 4 pounds commercial fertilizer, and plant tablets per the manufacturer's recommendations. Blend ingredients at adjacent paved work area. 2.3. TREE TIES 2.3.1. VIT Cinch-Tie or approved equal. 2.4. TREE STAKES 2.4.1. 2" square x 10' -0" or 2" diameter lodge pole pointed at one end and stained with green copper naphthenate, TT-W-572, type I, composition B. 2.5. WEED, FUNGUS AND PEST CONTROL 2.5.1. Materials recommended by a licensed Pest Control Advisor. 2.6. PLANT MATERIALS 2.6.1. Nomenclature: The scientific and common names of plants here- in specified conform with the approved names given in "A Check- list of Woody Ornamental Plants of California", published by the University of California, College of Agriculture, Publication 4091 (1979). See list of plant material on drawings. 2.6.2. Container stock (1 gallon, 5 gallon, and 15 gallon) shall have grown in containers for at least six months, but not over two Pine Park Madison Properties (Phase I) Improvements- City of Carlsbad Project No. 45071 CSI Formatted Specifications years. No container plants that have cracked or broken balls of earth, when taken from the container, shall be planted, except upon special approval. No trees with damaged roots or broken balls shall be planted. 2.6.3. Pruning shall not be done, prior to delivery, except by written ap- proval by the Owner or Landscape Architect. 2.6.4. Plants shall be subject to approval or rejection, at the project site at any time before or during progress of work, for size, variety, condition, latent defects and injuries. Rejected plants shall be removed from the project site immediately. 2.6.5. Substitutions will not be permitted unless proof is submitted by the Contractor that any plant specified is not obtainable. A pro- posal for substitution will be submitted by the Contractor to the Owner for approval. 2.6.6. Quantities shall be furnished as needed to complete work shown on drawings. 2.6.7. The Owner reserves the right to check root condition of any spe- cies, particularly those grown from seed, and if found defective, to reject the plants represented by the defective sample. 2.6.8. Identify plant species or varieties correctly on legible, weather- proof labels attached securely to the plant material. There shall be a minimum of one labeled plant for each 10 plants in a lot. 2.6.9. Groundcover plants shall be healthy vigorous rooted cuttings grown in flats or small pots until transplanted. 2.7. HERBICIDES 2.7.1. Pre-emergence herbicide shall be Surflan, Trefan, Dymid or ap- proved equal. 2.8. BARK MULCH 2.8.1. Bark mulch shall be supplied by MB Organics or approved equal. Submit 1/2 cu. ft. of Carlsbad Stump Mulch Mix for approval. Supplier Information: MB Organics/Organic Solutions 920 W. San Marcos, Blvd, #1A San Marcos, CA 92069 Phone: 760-471-7611 Fax: 760-471-7331 2.9. STABILIZED DECOMPOSED GRANITE 2.9.1. Crushed Stone Sieve Analysis Percentage of Weight Passing Square Mesh Sieve, AASHTO T11-82 and T27-82 1/4 " Minus Aggregate Gradation Range of % Passing Sieve Designation 3/8" 100 Pine Park Madison Properties (Phase I) Improvements- City of Carlsbad Project No. 45071 CSI Formatted Specifications 14 " Minus Aggregate Gradation Range of % Passing Sieve Designation No. 4 95-100 No. 8 75-80 No. 16 65-55 No. 30 40-50 No. 50 25-35 No. 100 20-25 No. 200 5-15 Provided by KRC Rock, Inc., ph. # 800-427-0572, or approved equal. 2.9.2. Stabilizer Binder 2.9.2.1. Patented, non-toxic, organic binder that is colorless and odorless concentrated powder that naturally binds crushed Aggregate screenings (CAS) together to pro- duce a natural firm surface. 2.9.2.2. Provided by Stabilizer Solutions, Inc., 800-336-2468, or approved equal. Local suppliers (via Stabilizer So- lutions Inc.): KRC Inc. (800-427-0572), Gail Materials (800-442-ROCK). 2.9.2.3. Synthetic Fiber Reinforcement 2.9.2.4. As provided by Stabilizer Solutions, Inc., 800-336- 2468, or approved equal. 2.9.2.5. "Staylock" stabilizer products are not an approved or acceptable stabilizing binder to be used on this project. 3. PART 3 - EXECUTION 3.1. SITE CLEARING 3.1.1. Clean up and completely remove weeds and grass including any roots and any accumulated debris and rubbish from the planting areas before commencing Landscape Work. 3.2. SOIL CONDITIONING, FERTILIZING AND ROTOTILLING 3.2.1. After the areas have been graded, the following rates of soil con- ditioning and amendment materials shall be evenly spread over all planting areas and shall be thoroughly scarified to an average depth of eight (8) inches by rototilling a minimum of two (2) alter- nating passes, followed by eight (8) inches of water leaching per- formed in four (4) applications of two (2) inches each. Soil Conditioner 5 cu. yd./1,000 sq. ft. Soil Sulfur 25 lbs./1,000 sq. ft. Gypsum 100 lbs./1,000 sq. ft. Pre Plant Fertilizer 30 lbs./1,000 sq. ft. Iron Sulfate 40 lbs./1,000 sq. ft. Pine Park Madison Properties (Phase I) Improvements- City of Carlsbad Project No. 45071 CSI Formatted Specifications Naid 1 Quart per acre (prior to amending soil) Soil Moist 1 lb./1,000sq.ft. 3.2.2. Planting backfill in shrub planting areas shall be a thoroughly blended mixture of excavated soil from the planting pits and soil amendments at the following mixture: Vines/Shrubs Soil Conditioner 40% On Site Soil 60% Soil Sulfur 1 Ib./cu. yd. Pre-Plant Fertilizer 3 IDS./CU. yd. Iron Sulfate 3 lbs./cu. yd. Gypsum 12 Ibs/cu. yd. Naid 1 DZ./CU. yd. Soil Moist 1 Ib./cu. yd. 3.2.3. Rate of application shown is for bidding purposes only. Soil test may reduce or increase total soil amendment yardage. Adjust- ment (plus or minus) may be necessary. The Contractor shall obtain six (4) soil tests of final grade at site as specified herein and submit results to City representative for interpretation and recommendation. Contractor shall submit unit prices on above amendments for add/deduct options based on submitted soil test reports. 3.2.4. The thoroughness and completeness of the rototilling and incor- poration of the soil conditioners/amendments shall be acceptable to the Owner prior to commencement of planting operations. 3.3. FINISH GRADING 3.3.1. Finish grades shall be measured at the top surface of surface materials. 3.3.2. All undulations and irregularities in the planting surfaces resulting from tillage, roto tilling and all other operations shall be leveled and floated out before planting operations are initiated. 3.3.3. The Contractor shall take every precaution to protect and avoid damage to existing and new sprinkler heads, irrigation lines, and other underground utilities during his grading and conditioning operations. 3.3.4. Final finish grades shall insure positive drainage of the site with all surface drainage away from buildings, walls, and toward roadways, swales, drains and catch basins. 3.3.5. Final grades shall be acceptable to the Owner or Landscape Arc- hitect before planting operations will be allowed to begin. 3.3.6. Planting surfaces shall be graded with no less than one (1) per- cent surface slope for positive drainage. 3.3.7. Weed Control: Apply pre-emergent or contact herbicides rec- ommended by a licensed pest control advisor. Provide notifica- Pine Park Madison Properties (Phase I) Improvements- City of Carlsbad Project No. 45071 CSI Formatted Specifications tion to Owner 48 hours in advance of intent to apply spray herbi- cides. Avoid frequent soil cultivation which could destroy shallow roots. Make final application at least 3 weeks before installation of plant materials or longer as recommended by manufacturer. 3.3.8. Moisture Content: Do not work the soil when moisture content is so great that excessive compaction will occur, nor when it is so dry that dust will form or clods will not break up readily. 3.3.9. Contaminated Soil: Remove and dispose of soil which contains foreign materials or deleterious substances such as oil, plaster, concrete, gasoline, paint, solvents, etc. Replace affected soil with approved native or imported top soil. Contractor will be held re- sponsible for damage to installed plants caused by such sub- stances. 3.3.10. Ripping: Loosen planting areas to a depth of 8" by ripping soil in two directions. Do not invade root zone of existing trees on site without approval. Do not rip slopes 2:1 and greater. 3.3.11. Finish Grade: Grade planting areas to a smooth and even condi- tion, without water pockets or irregularities. Water settle backfilled areas. Remove clods over 2" and rocks over 1" in diameter within 6" of surface. Fine grade so that after conditioning and planting, finish grade is 1-1/2" (for groundcover areas) below the top of curbs and walks. Slope to drain away from building to adjacent roadways, drainage swales, or catch basins at 2%. 3.4. PLANTING 3.4.1. Protection: Protect plant materials from sun, wind, and drying during transit, at the site before, during, and after planting. Water to full depth of backfill immediately after planting, including groundcover areas. 3.4.2. Do not plant until irrigation system installation is complete, and until final grades are established and approved. 3.4.3. Plant Locations: Plant locations shown on the Drawings are dia- grammatic and subject to minor modification in the field as ap- proved by the Owner's Representative and at no additional cost to the Owner. 3.4.4. Pits: Dig with vertical sides. Size as indicated on the Drawings. 3.4.5. Setting: Place plants in center of pits in vertical setting. Place so that crown will be at least 2" above finish grade for trees and shrubs after watering and settling and create a temporary water basin around pits. Keep groundcover 1/4" above grade and water with a fine spray. 3.4.6. Backfill: For trees, shrubs, and vines, backfill with thoroughly mixed specified mixture and then water. Thoroughly water settle all backfilled areas. 3.4.7. Fertilizer Tablets: Apply per manufacturer's written instructions. Pine Park Madison Properties (Phase I) Improvements- City of Carlsbad Project No. 45071 CSI Formatted Specifications 3.4.8. Staking: Double stake as noted and detailed on planting Draw- ings. Remove nursery stakes as soon as planting detail stakes and guys are installed. 3.4.9. Mulching: For tree, shrub, and groundcover areas. Apply 2" set- tled thickness of mulch over planting beds within 4 days after planting. Rake to an even surface and water to full depth of mulch. 3.5. PLANTING SHRUBS AND VINES 3.5.1. In general, planting holes shall be two times the size of the root- ball, but in no case too small to accommodate plants. 3.5.2. Excavation shall include the stripping and stacking of all accepta- ble soil encountered within the areas to be excavated for plant pits and planting beds. Protect all areas that are to be trucked over and upon which soil is to be temporarily stacked pending its re-use for the fillings of holes, pits and beds. 3.5.3. Excess soil, generated from the planting holes shall be spread evenly over the site by the Contractor. 3.5.4. All used containers shall be removed to the storage area or from the site by the Contractor and raked to provide a smooth friable surface free of large clumps of soil. 3.5.5. The plants shall be planted at approved locations with the hereto- fore specified conditioner and soil planting backfill. 3.5.6. The plants shall be placed in the planting pits on the soil which has been hand tamped and water settled to the root ball base le- vels prior to the placement of the plants. After setting the plants, the remaining backfill material shall be carefully tamped and set- tled around each root ball to fill all voids. 3.5.7. Each shrub shall be placed in the center of the hole and shall be set plumb and held rigidly in position until the planting backfill has been tamped from around each root ball. 3.5.8. All plants shall be set at such a level that after settling they bear the same relationship to the surrounding finish grade as they bore to the soil in the container. 3.5.9. Planting tablets shall be placed in each shrub planting hole at the following rates. 3.5.9.1. 2-21 gram tablets per 15 gallon container. 3.5.9.2. 2-21 gram tablets per 5 gallon container. 3.5.9.3. 1-21 gram tablet per each 1 gallon container. 3.5.10. No plant will be accepted if the root ball is broken or cracked, ei- ther before, during or after the process of installation. 3.5.11. All plants shall be thoroughly watered into the full depth of each plant hole immediately after planting. Pine Park Madison Properties (Phase I) Improvements- City of Carlsbad Project No. 45071 CSI Formatted Specifications 3.5.12. The Contractor shall be responsible for all surface and subsur- face drainage required which may affect his guarantee of the shrubs, and vines. 3.5.13. Pruning after planting shall be required on all shrubs and vines when necessary to provide the specified or approved standard shapes, form and/or sizes characteristic to each plant. Pruning may include thinning, topping, and/or cutting and shall be under the direction of the Owner. Cuts over 3/4 inch in diameter shall be painted with an approved sealant. 3.6. PLANTING GROUNDCOVERS 3.6.1. Groundcovers shall be planted in the areas indicated on the drawings. The groundcover plants shall be rooted cuttings grown in flats, and shall remain in those flats until transplanting. 3.6.2. All groundcover plants shall be planted with soil around roots in staggered rows, evenly spaced at the pattern and intervals called out on the drawings or as specified by the Landscape Architect. 3.6.3. The groundcover plants shall be planted sufficiently deep to cov- er all roots and shall be fertilized with a 5 gram plant tablet and immediately sprinkled after planting until the entire area is soaked to the full depth of all holes. 3.7. BARK MULCH APPLICATION 3.7.1. Apply 2" minimum depth of bark mulch to all shrub and ground- cover areas as shown on Landscape Plans and drawings. 3.8. HERBICIDE APPLICATION 3.8.1. Apply approved herbicide to subgrade in all decomposed granite areas. 3.8.2. Apply approved herbicide (topically) in open, non planted areas of the project site prior to installing the 2" of bark mulch as re- quired by owner and as shown on plans. 3.8.3. Apply herbicides according to manufacturer's directions only, us- ing all proper safety precautions. Do not apply herbicides during high winds or rainy weather. 3.9. GUYING MATERIALS 3.9.1. Guy wires shall be of pliable, zinc-coated steel of No. 12 gauge. 3.9.2. Anchors (deadman) for holding guy wires shall be 8" x 8" x 16" concrete blocks. Set 18" below finish grade. 3.9.3. Pipe for covering wire, shall be 1/2" dia. by 5' long white PVC plastic pipes. 3.10. DECOMPOSED GRANITE 3.10.1. It is critical that stabilizer be thoroughly and uniformly premixed (at the supplier plant) throughout the total batch of the decom- posed granite materials. Pine Park Madison Properties (Phase I) Improvements- City of Carlsbad Project No. 45071 CSI Formatted Specifications 3.10.2. Contractor to provide supplier slips and invoices of materials pro- vided for the decomposed granite materials to be used for the pathway, to City representative. 3.10.3. Stake and measure areas to receive decomposed granite path walkway. Excavate to depth shown on plan details for the path- way and install wood header in accordance with plans. 3.10.4. Spread all decomposed granite mixes to desired depths and le- vels to grade over specified base material. 3.10.5. Roll and compact to 95% relative compaction with a mechanical plate compactor. 3.10.6. Water heavily with a hose to achieve full depth moisture penetra- tion of the mix. (Do not water with a water truck). 3.10.7. Do not allow pedestrian or foot traffic on moistened decomposed granite surfacing for 24 hours. 3.10.8. Test for penetration by random core inspection. 3.10.9. Remove and replace decomposed granite paving that is dam- aged, defective, or does not meet minimum requirements of this section. 3.10.10. Contractor to grade all decomposed granite areas to shed water off the sides of the newly constructed pathway. 3.10.11. Repairs: 3.10.11.1. Excavate damaged areas to the depth of Stabilized decomposed granite and square up side walls. 3.10.11.2. If area is dry, moisten damaged portion lightly. 3.10.11.3. Pre blend the dry required amount of Stabilizer powd- er with the proper amount of decomposed granite in a cement mixer or pug mill. 3.10.11.4. Add water to the pre-blended decomposed gra- nite/Stabilizer mix. Thoroughly moisten mix to approx- imately 10% moisture content. 3.10.11.5. Apply moistened, pre-blended decomposed granite screenings to excavated area to finish grade. 3.10.11.6. Compact with an 8" to 10" hand tamp or 250 to 300 Ib. Roller (if the area is high traffic area, i.e. Parking lot, use a larger roller - 1/2 ton minimum. Keep traffic off areas for 12 to 48 hours after repair has been com- pleted. 3.11. CLEANUP 3.11.1. Site: During the course of the Work, remove surplus materials from the site and leave premises in a neat and clean condition. Sweep walks and paving. Pine Park Madison Properties (Phase I) Improvements- City of Carlsbad Project No. 45071 CSI Formatted Specifications 3.11.2. Plants: After planting remove nursery tags and labels from plant materials. 3.12. MAINTENANCE 3.12.1. Maintenance period shall begin when all Work indicated on Draw- ings and specified has been completed, inspected and approved by Owner's Representative. Maintenance work shall be per- formed as specified in Section 02951, and shall be continued for a minimum period of 90 calendar days. Contractor shall not be released from the maintenance period obligation until all items found during inspections have been resolved to the Owner's Rep- resentative's satisfaction in conformance with the Drawings and Specifications, and a written statement so stating has been is- sued. 3.12.2. Tree Pruning: 3.12.2.1. Prune trees selectively to provide the following cha- racteristics: 3.12.2.2. To allow development of permanent scaffold branches that are smaller in diameter than the trunk or branch to which they are attached, and which have a vertical spacing of 18" to 24", with radial orientation and do not overlap one another. 3.12.2.3. Eliminate narrow V-shaped branch forks which lack strength. 3.12.2.4. As necessary to maintain a natural appearance, and to balance the crown with roots. 3.12.2.5. Stripping of lower branches (raising up) of young trees will not be permitted. Retain lower branches in a "tipped back" or pinched condition, with as much fo- liage as possible to promote trunk growth (tapered trunk). Lower branches may be cut flush with the trunk only after the tree is able to stand erect without stak- ing or other support. 3.12.2.6. Thin out and shape evergreen trees when necessary to prevent wind and storm damage, preferably in early spring. 3.12.2.7. Perform primary pruning of deciduous trees during the dormant season. Prune damaged trees or those that constitute health or safety hazards promptly, without regard to season. 3.12.2.8. Make all pruning cuts of lateral branches or buds flush with trunk. "Stubbing" is not permitted. 3.12.2.9. Prune lower branches interfering with mowing opera- tions, but only with the approval of the Owner's Rep- resentative. Pine Park Madison Properties (Phase I) Improvements- City of Carlsbad Project No. 45071 CSI Formatted Specifications 3.12.3. Shrub Pruning: Objectives of shrub pruning are as specified for trees. 3.12.4. Plant Supports: Inspect stakes and guys to prevent girdling of trunks or branches. Make adjustments as necessary to prevent rubbing or injury to bark. 3.12.5. Weed Control: Maintain basins and areas between plants free of weed growth. Apply pre-emergent herbicides as recommended by a licensed pest control advisor. Avoid frequent soil cultivation that may damage shallow roots. 3.12.6. Insect and Disease Control: Maintain effective controls using ap- proved materials and application techniques in accordance with the manufacturer's recommendations. 3.12.7. Pest Control: Provide all measures necessary to exterminate gophers and moles immediately when their presence is discov- ered. Repair and restore all surfaces to their original conditions. 3.12.8. Fertilization: Provide application of 15-15-15 commercial fertiliz- er; apply at the rate of 10 Ibs. per 1,000 square feet at the follow- ing periods: Forty Five (45) calendar days following beginning date of maintenance period. 3.12.9. Plant Replacement: Remove dead and dying plants and replace with healthy plants of equal size, condition, and variety indicated on the Contract Drawings. Prepare soils and plant in accordance with Contract Specifications. 3.12.10. Miscellaneous: 3.12.10.1. All paved areas shall be kept continuously clear of mud, debris and puddles. 3.12.10.2. Hoses, maintenance equipment, and materials shall be neatly stored when not in use in an area authorized by the Owner's Representative. 3.12.10.3. Maintain a water basin around plants sized so that enough water can be applied to establish moisture through major root zone. When hand watering, use a water wand to break force of water. 3.12.10.4. Maintenance foreman on the job shall be a competent English speaking supervisor, experienced in land- scape maintenance, and capable of discussing mat- ters with the City Representative on the site. 3.13. FINAL ACCEPTANCE 3.13.1. After final inspection and acceptance of completed Work, Owner will assume maintenance of accepted Work. END OF SECTION Pine Park Madison Properties (Phase I) Improvements- City of Carlsbad Project No. 45071 CSI Formatted Specifications SECTION 02951 LANDSCAPE MAINTENANCE 1. PART 1 - GENERAL 1.1. SUMMARY 1.1.1. Provide all labor, materials, equipment, tools, services and miscellaneous and incidental work to complete all landscape maintenance as indicated on the Drawings and as specified. 1.1.2. Related Work Specified Elsewhere: 1.1.2.1. Irrigation - Section 02810. 1.1.2.2. Planting - Section 02900. 1.2. DESCRIPTION OF WORK 1.2.1. The Maintenance Period begins on the first day after all landscape and irrigation work on this project is complete, checked, accepted and written approval from the Owner is given to begin the Maintenance Period, and shall continue thereafter for no less than ninety (90) con- tinuous calendar days. 1.2.2. Acceptance: Upon completion of the final site observation visit and the work of this section, the Contractor will be notified in writing (1) whether the work is acceptable; (2) of any requirements necessary for completion and acceptance. 1.2.3. 1.3. QUALITY ASSURANCE 1.3.1. Prior to start of maintenance period provide as-built record drawings of irrigation system. 1.3.2. Make final review at completion of maintenance period to determine acceptability of work. 1.3.3. Verify all turn-over items noted in other specification sections prior to a final review. 1.4. GUARANTEE 1.4.1. Guarantee all plant material installed under contract against any and all poor, inadequate or inferior materials and/or workmanship, per FOR 1 YEAR. Replace any plant found to be dead, missing, or in poor condition due to faulty materials or workmanship, at no cost to the owner, 1.4.2. Replace all material found to be dead, missing, or in poor condition during maintenance period immediately. The owner's representative Pine Park Madison Properties (Phase I) Improvements- City of Carlsbad Project No. 45071 CSI Formatted Specifications shall be sole judge as to condition of material. Replace material within 14 days of written notification by owner's representative. 2. PART 2-PRODUCTS 2.1. MATERIALS 2.1.1. All materials to conform to planting specifications in other sections or otherwise be acceptable to the Owner's representative. Provide monthly record of all herbicides, fertilizers, insecticides and disease control chemicals used to the owner's representative. 3. PART 3-EXECUTION 3.1. GENERAL 3.1.1. Continuously maintain all areas involved in this contract during progress of work and during maintenance period until final acceptance of work by the Owner's representative. 3.1.2. Unacceptable condition of any planting at termination of schedule maintenance period may cause postponement of final completion date of contract. Maintenance to be continued by Contractor until all work is acceptable. 3.1.3. In order to carry out maintenance work, furnish sufficient labor and adequate equipment to perform work in timely fashion during plant maintenance period. 3.1.4. Start of Maintenance Criteria: Maintenance period shall not start until all elements of construction, planting and irrigation for entire project are complete. Project will not be segmented into maintenance phases, unless specifically authorized in writing by the owner's representative. 3.2. MAINTENANCE 3.2.1. Keep all areas free of debris and weeds. Keep planted areas weed- free. Pick up all litter in planted areas. Clean up run-off onto paved areas caused by erosion of soil in planted areas. All pick-up and cleaning operations shall be done weekly. 3.2.2. Provide adequate protection of all areas. Repair damaged areas at Contractor's expense. All hazardous conditions shall be remedied immediately. 3.2.3. The Contractor shall continuously maintain all involved areas of the Contract during the progress of the work and during the Maintenance Period until the Final Acceptance of the work. 3.2.4. Regular planting maintenance operations shall begin immediately after each plant is planted. Plants shall be kept in a healthy, growing condition and in a visually pleasing appearance by watering, pruning, trimming, edging, fertilizing, re-staking, pest and disease controlling, spraying, weeding, cleaning-up and any other necessary operation of Pine Park Madison Properties (Phase I) Improvements- City of Carlsbad Project No. 45071 CSI Formatted Specifications maintenance. Landscape areas shall be kept free of weeds, noxious grass, and all other undesired vegetative growth and debris. All plants found to be dead or in an impaired condition shall be replaced immediately. 3.2.5. No pruning of tree limbs shall be permitted without the consent of the Owner. 3.2.6. The Contract completion date of the Contract Maintenance Period will be extended, when in the opinion of the Owner, improper mainten- ance and/or possible poor or unhealthy condition of planted material or un established non-covering lawns are evident at the termination of the scheduled Maintenance Period. The Contractor shall be respon- sible for additional maintenance of the work at no change in Contract price until all of the work is completed and acceptable. 3.2.7. The Contractor shall be responsible for maintaining adequate protec- tion of the areas. Damaged areas shall be repaired immediately at the Contractor's expense. 3.2.8. Decomposed Granite (maintenance): 3.2.8.1. Remove debris, such as paper, grass clippings, leaves or other organic material by blowing or hand raking. 3.2.8.2. During maintenance period, a minor amount of loose ag- gregate may appear on the surface. If this material ex- ceeds %", redistribute material over entire surface and wa- ter thoroughly to a depth of 1". Compact with power roller of no less than Vz ton. Owner should also note same treatment to apply after maintenance period for first year. 3.2.8.3. If cracking occurs, simply sweep fines into cracks, water thoroughly and hand tamp with 8" to 10" tamp plate. 3.3. FERTILIZING 3.3.1. Fertilize all planting areas with following: 3.3.2. Provide application of 15-15-15 commercial fertilizer; apply at the rate of 10 Ibs. per 1,000 square feet at the following periods: 3.3.2.1. Sixty (60) calendar days following beginning date of main- tenance period. 3.4. IRRIGATION SYSTEM 3.4.1. Checking System: Check entire system weekly for proper operation. Flush out lateral lines after removing last two heads at each end of lateral. All heads are to be adjusted as necessary for unimpeded cov- erage. 3.4.2. Programming: Set and prepare automatic controllers for seasonal water requirements. Pine Park Madison Properties (Phase I) Improvements- City of Carlsbad Project No. 45071 CSI Formatted Specifications 3.4.3. Repairs: Repair all damages to irrigation system at contractor's expense. Repairs to be made within one watering period. 3.5. FINAL ACCEPTANCE 3.5.1. Upon completion of the maintenance period, a final inspection for acceptance will be performed by the owner's representative. 3.5.2. If the maintenance period is satisfactorily completed ahead of other work included in the contract, the maintenance of planted areas shall be the responsibility of the contractor until all other work has been completed and accepted by the owner's representative. END OF SECTION Pine Park Madison Properties (Phase I) Improvements- City of Carlsbad Project No. 45071 CSI Formatted Specifications