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L.C. Paving & Sealing Inc; 2023-08-21; PWS23-2137TRAN
Revised 6/12/18 Contract No. 6013-23 Page 1 of 118 CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS, GENERAL PROVISIONS, SUPPLEMENTAL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR 2023 CONCRETE REPAIR CONTRACT NO. 6013-23 BID NO. PWS23-2137TRAN -Bidding Revised 6/12/18 Contract No. 6013-23 Page 2 of 118 TABLE OF CONTENTS Item Page Notice Inviting Bids .................................................................................................................. 6 Contractor's Proposal ............................................................................................................. 13 Bid Security Form .................................................................................................................. 19 Bidder’s Bond to Accompany Proposal .................................................................................. 20 Guide for Completing the “Designation of Subcontractors” Form ........................................... 21 Designation of Subcontractor and Amount of Subcontractor’s Bid Items ............................... 23 Bidder's Statement of Technical Ability and Experience ......................................................... 24 Bidder’s Certificate of Insurance for General Liability, Employers’ Liability, Automotive Liability and Workers’ Compensation ..................................................................................... 25 Bidder’s Statement Re Debarment ......................................................................................... 26 Bidder's Disclosure of Discipline Record …………………………………………… ................... 27 Noncollusion Declaration to Be Executed by Bidder and Submitted with Bid .......................... 29 Contract Public Works ............................................................................................................ 30 Labor and Materials Bond ...................................................................................................... 37 Faithful Performance/Warranty Bond ..................................................................................... 39 Optional Escrow Agreement for Surety Deposits in Lieu of Retention .................................... 41 "~ \_. Revised 6/12/18 Contract No. 6013-23 Page 3 of 118 GENERAL PROVISIONS Section 1 Terms, Definitions, Abbreviations and Symbols 1-1 Terms .......................................................... .................................................. 44 1-2 Definitions .................................................... .................................................. 44 1-3 Abbreviations ............................................... .................................................. 48 1-4 Units of Measure .......................................... .................................................. 51 1-5 Symbols ....................................................... .................................................. 52 Section 2 Scope and Control of The Work 2-1 Award and Execution of Contract ................. .................................................. 53 2-2 Assignment .................................................. .................................................. 53 2-3 Subcontracts ................................................ .................................................. 53 2-4 Contract Bonds ............................................ .................................................. 54 2-5 Plans and Specifications .............................. .................................................. 55 2-6 Work to be Done .......................................... .................................................. 59 2-7 Subsurface Data .......................................... .................................................. 59 2-8 Right-of-Way ................................................ .................................................. 59 2-9 Surveying ..................................................... .................................................. 59 2-10 Authority of Board and Engineer .................. .................................................. 61 2-11 Inspection .................................................... .................................................. 61 Section 3 Changes in Work 3-1 Changes Requested by the Contractor ........ .................................................. 62 3-2 Changes Initiated by the Agency .................. .................................................. 62 3-3 Extra Work ................................................... .................................................. 63 3-4 Changed Conditions .................................... .................................................. 66 3-5 Disputed Work ............................................. .................................................. 67 Section 4 Control of Materials 4-1 Materials and Workmanship ......................... .................................................. 73 4-2 Materials Transportation, Handling and Storage ............................................. 77 Section 5 Utilities 5-1 Location ....................................................... .................................................. 78 5-2 Protection .................................................... .................................................. 78 5-3 Removal ...................................................... .................................................. 79 5-4 Relocation .................................................... .................................................. 79 5-5 Delays .......................................................... .................................................. 80 5-6 Cooperation ................................................. .................................................. 80 Section 6 Prosecution, Progress and Acceptance of the Work 6-1 Construction Schedule and Commencement of Work ..................................... 81 6-2 Prosecution of Work ..................................... .................................................. 83 6-3 Suspension of Work ..................................... .................................................. 83 6-4 Default by Contractor ................................... .................................................. 84 6-5 Termination of Contract................................ .................................................. 84 6-6 Delays and Extensions of Time .................... .................................................. 85 6-7 Time of Completion ...................................... .................................................. 85 6-8 Completion, Acceptance, and Warranty ....... .................................................. 86 6-9 Liquidated Damages .................................... .................................................. 87 "~ \_. Revised 6/12/18 Contract No. 6013-23 Page 4 of 118 6-10 Use of Improvement During Construction .... .................................................. 87 Section 7 Responsibilities of the Contractor 7-1 Contractor’s Equipment and Facilities .......... .................................................. 88 7-2 Labor ........................................................... .................................................. 88 7-3 Liability Insurance ........................................ .................................................. 88 7-4 Workers' Compensation Insurance .............. .................................................. 88 7-5 Permits ........................................................ .................................................. 89 7-6 The Contractor’s Representative .................. .................................................. 90 7-7 Cooperation and Collateral Work ................. .................................................. 90 7-8 Project Site Maintenance ............................. .................................................. 91 7-9 Protection and Restoration of Existing Improvements ..................................... 93 7-10 Public Convenience and Safety ................... .................................................. 93 7-11 Patent Fees or Royalties .............................. ................................................ 100 7-12 Advertising ................................................... ................................................ 100 7-13 Laws to be Observed ................................... ................................................ 100 7-14 Antitrust Claims ............................................ ................................................ 101 Section 8 Facilities for Agency Personnel 8-1 General ........................................................ ................................................ 102 Section 9 Measurement and Payment 9-1 Measurement of Quantities for Unit Price Work ............................................ 103 9-2 Lump Sum Work .......................................... ................................................ 103 9-3 Payment ...................................................... ................................................ 103 9-4 Bid Item Descriptions ................................... ................................................ 106 SUPPLEMENTAL PROVISIONS TO PARTS 2, 3, 4, 6, AND 8 OF THE SSPWC PART 2 CONSTRUCTION MATERIALS Section 200 Rock Materials 200-2 Untreated Base Materials ............................. ................................................ 109 Section 201 Concrete, Mortar and Related Materials 201-1 Portland Cement Concrete .......................... ................................................ 109 201-4 Concrete Curing Materials ........................... ................................................ 110 Section 203 Bituminous Materials 203-6 Asphalt Concrete ......................................... ................................................ 110 PART 3 CONSTRUCTION METHODS Section 300 Earthwork 300-1 Clearing and Grubbing .................................................................................. 112 Section 301 Subgrade Preparation, Treated Materials and Placement of Base Materials 301-1 Subgrade Preparation ................................................................................... 112 Section 302 Roadway Surfacing 302-5 Asphalt Concrete Pavement ......................................................................... 114 "~ \_. Revised 6/12/18 Contract No. 6013-23 Page 5 of 118 Section 303 Concrete and Masonry Construction 303-5 Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, And Driveways .................................................................... 115 APPENDIX A – Standard Drawings and Project Locations B – Sample Right of Entry Permit "~ \_. Revised 6/12/18 Contract No. 6013-23 Page 6 of 118 CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 11 a.m. on May 16, 2023, the City shall accept bids via electronic format via the City of Carlsbad Electronic Bidding Site, PlanetBids, which may be accessed at https://www.carlsbadca.gov/departments/finance/contracting-purchasing, for performing the work as follows: Replace damaged concrete sidewalks, curb ramps, driveway approaches, and curbs & gutters. 2023 CONCRETE REPAIR CONTRACT NO. 6013-23 BID NO. PWS23-2137TRAN ELECTRONIC FORMAT RECEIPT AND OPENING OF BIDS: Bids will be received in electronic format (eBids) EXCLUSIVELY at the City of Carlsbad’s electronic bidding (eBidding) site, at: https://www.carlsbadca.gov/departments/finance/contracting-purchasing, and are due by the date and time shown on the cover of this solicitation. BIDDERS MUST BE PRE-REGISTERED with the City’s bidding system and possess a system-assigned Digital ID in order to submit an electronic bid. The City’s electronic bidding (eBidding) system will automatically track information submitted to the site including IP addresses, browsers being used and the URLs from which information was submitted. In addition, the City’s bidding system will keep a history of every login instance including the time of login, and other information about the user's computer configuration such as the operating system, browser type, version, and more. Because of these security features, Bidders who disable their browsers’ cookies will not be able to log in and use the City’s bidding system. The City’s electronic bidding system is responsible for bid tabulations. Upon the bidder’s or proposer’s entry of their bid, the system will ensure that all required fields are entered. The system will not accept a bid for which any required information is missing. This includes all necessary pricing, subcontractor listing(s) and any other essential documentation and supporting materials and forms requested or contained in these solicitation documents. BIDS REMAIN SEALED UNTIL DUE DATE AND TIME. eBids are transmitted into the City’s bidding system via hypertext transfer protocol secure (https) mechanism using SSL 128-256-bit security certificates issued from Verisign/Thawte which encrypts data being transferred from client to server. Bids submitted prior to the Due Date and Time are not available for review by anyone other than the submitter, who will have until the Due Date and Time to change, rescind or retrieve its bid should they desire to do so. BIDS MUST BE SUBMITTED BY DUE DATE AND TIME. Once the deadline is reached, no further submissions are accepted into the system. Once the Due Date and Time has passed, bidders, proposers, the general public, and City staff are able to immediately see the results online. City staff may then begin reviewing the submissions for responsiveness, compliance and other issues. Revised 6/12/18 Contract No. 6013-23 Page 7 of 118 RECAPITULATION OF THE WORK. Bids shall not contain any recapitulation of the Work. Conditional Bids may be rejected as being non-responsive. Alternative proposals will not be considered unless called for. BIDS MAY BE WITHDRAWN by the Bidder prior to, but not after, the time set as Due Date and Time. Important Note: Submission of the electronic bid into the system may not be instantaneous. Due to the speed and capabilities of the user’s internet service provider (ISP), bandwidth, computer hardware and other variables, it may take time for the bidder’s submission to upload and be received by the City’s eBidding system. It is the bidder’s sole responsibility to ensure their bids are received on time by the City’s eBidding system. The City of Carlsbad is not responsible for bids that do not arrive by the Due Date and Time. ELECTRONIC SUBMISSIONS CARRY FULL FORCE AND EFFECT. The Bidder, by submitting their electronic proposal, agrees to and certifies under penalty of perjury under the laws of the State of California, that the certification, forms and affidavits submitted as part of this proposal are true and correct. The bidder, by submitting its electronic bid, acknowledges that doing so carries the same force and full legal effect as a paper submission with a longhand (wet) signature. By submitting an electronic bid, the bidder certifies that the bidder has thoroughly examined and understands the entire Contract Documents (which consist of the plans and specifications, drawings, forms, affidavits and the solicitation documents), and that by submitting the eBid as its bid proposal, the bidder acknowledges, agrees to and is bound by the entire Contract Documents, including any addenda issued thereto, and incorporated by reference in the Contract Documents. BIDS ARE PUBLIC RECORDS Upon receipt by the City, bids shall become public records subject to public disclosure. It is the responsibility of the Bidder to clearly identify any confidential, proprietary, trade secret or otherwise legally privileged information contained within the proposal’s General references to sections of the California Public Records Act (PRA) will not suffice. If the Bidder does not provide applicable case law that clearly establishes that the requested information is exempt from the disclosure requirements of the PRA, the City shall be free to release the information when required in accordance with the PRA, pursuant to any other applicable law, or by order of any court or government agency, and the Bidder agrees to hold the City harmless for any such release of this information. This bid and the terms of the Contract Documents and Supplemental 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. 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. "~ \_. Revised 6/12/18 Contract No. 6013-23 Page 8 of 118 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 City Clerks’ Office. The specifications for the work include City of Carlsbad Technical Specifications and the Standard Specifications for Public Works Construction, Parts 2 & 3, current edition at time of bid opening and the supplements thereto as published by the "Greenbook" Committee of Public Works Standards, Inc., all hereinafter designated “SSPWC”, as amended. Specification Reference is hereby made to the plans and specifications for full particulars and description of the work. The General Provisions (Part 1) to the SSPWC do not apply. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and 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 (at time of Bid submit PDF copy via PlanetBids / All Bidders). Bid Bond (Original) within two (2) business days of bid Opening / three (3) Apparent Low Bidders. 3. Noncollusion Declaration 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) BIDDER’S GUARANTEE OF GOOD FAITH (BID SECURITY) At the time of bid submission, bidders must upload and submit an electronic PDF copy of the aforementioned bid security. Whether in the form of a cashier's check, a properly certified check or an approved corporate surety bond payable to the City of Carlsbad, the bid security must be "~ \_. Revised 6/12/18 Contract No. 6013-23 Page 9 of 118 uploaded to the City’s eBidding system. Within two (2) business days after the bid opening date, the first three (3) apparent low bidders must provide the City with the original bid security. Failure to submit the electronic version of the bid security at time of bid submission shall cause the bid to be rejected and deemed non-responsive. Only the three (3) apparent low-bidders are required to submit original bid security to the city within two (2) business days after bid opening date. Failure to provide the original within two (2) business days may deem the bidder non- responsive. ENGINEER’S ESTIMATE All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $937,000. TIME OF COMPLETION The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. SPECIALTY 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 include federal funds. The following classifications are acceptable for this contract: A: General Engineering or C8: Concrete. ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 5% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various supplemental provisions, and Contract documents may be obtained at from the City’s website https://www.carlsbadca.gov/departments/finance/contracting-purchasing. Paper copies will not be sold. 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. Revised 6/12/18 Contract No. 6013-23 Page 10 of 118 REJECTION OF BIDS The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. PREVAILING WAGE TO BE PAID The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Prime Contractor and all subcontractors shall comply with Section 1776 of the Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. PRE-BID MEETING A pre-bid meeting and tour of the project site will not be held. UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between the line item entries submitted in the online bidding portal and the Contractor’s Proposal, the online bidding portal shall prevail. BIDDER’S INQUIRIES Questions on the bid documents during the bid period shall be submitted in writing, via the online bidding portal. Questions shall be definite and certain and shall reference applicable drawing sheets, notes, details or specification sheets. The cutoff date to submit questions regarding this project is May 4, 2023, at 5 p.m. No questions will be entertained after that date. "~ \_. Revised 6/12/18 Contract No. 6013-23 Page 11 of 118 The answers to questions submitted during the bidding period will be published in an addendum and made available via the online bidding portal by May 10, 2023. ADDENDA Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project and shall extend in full force and effect and be retained by the City until they are released as stated in the General 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 by the City Council of the City of Carlsbad, California, by Resolution No. 2023-106, adopted on the 11fu day of April 2023. /? ~ April ~:;e 2023 G~ha~y Clerk ,, •ff Revised 6/12/18 Contract No. 601 3-23 Page 12 of 11 8 CITY OF CARLSBAD 2023 CONCRETE REPAIR CONTRACT NO. 6013-23 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. 6013-23 in accordance with the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: Item No. Description Approximate Quantity and Unit 1 2 3 4 Mobilization at Twenty-Five Thousand Dollars and Zero Cents (Price in Words) Traffic Control and Public Notification at Fifty-Six Thousand Seven Hundred Dollars and Zero Cents (Price in Words) Prepare Water Pollution Control Program at Seven Thousand Dollars and Zero Cents (Price in Words) Temporary Drainage Inlet Protection at Four Thousand Six Hundred Fifty Dollars And Zero Cents (Price in Words) Stipulated LS LS LS {' • ., Revised 6/12/18 Contract No. 6013-23 Unit Price (Figures) Total Amount (Figures) $25,000 $56,700.00 $7,000.00 $4,650.00 Page 13 of 118 Approximate Unit Price Total Amount Item Quantity (Figures) (Figures) No. Description and Unit 5 Field Professional Surveying LS $ 461000.00 at Fourty-Six Thousand Dollars And Zero Cents (Price in Words) 6 Remove and Replace Curb & 1,185 LF $63.00 $74,655.00 Gutter per SDRSD G-2 at Sixty Three Dollars and Zero Cents (Unit Price in Words) 7 Remove and Replace 22,928 SF $ 12.75 $ 2921332.00 Sidewalk per SDRSD G-7 at Twelve Dollars and Seventy Five Cents (Unit Price in Words) 8 Remove and Replace 3,527 SF $19.75 $691658.25 Driveway Approach per SDRSD G-14 at Nine Teen Dollars and Seventy Five Cents (Unit Price in Words) 9 Remove and Replace Cross 4,810 SF $23.00 $ 1101630.00 Gutter/ Spandrel SDRSD G- 12 at Twenty Three Dollars and Zero Cents (Unit Price in Words) 10 Remove and Replace 3" PVC 16 EA $ 300.00 $41800.00 under Sidewalk Drain Pipe SDRSD D-27 at Three Hundred Dollars and Zero Cents (Unit Price in Words) 11 Remove and Replace Catch 1 EA $ 21000.00 $2,000.00 Basin ( 12" x 18" Brooks Box) at Two Thousand Dollars and Zero Cents (Unit Price in Words) l' •.,-Revised 6/12/18 Contract No. 6013-23 Page 14 of 118 Approximate Unit Price Total Amount Item Quantity (Figures) (Figures) No. Description and Unit 12 Install and Compact Crushed 200 TONS i 75.00 i 15,000.00 Aggregate Base at Seventy Five Dollars and Zero Cents (Unit Price in Words) 13 Remove and Replace ADA 35 EA § 6,100.00 § 213,500.00 Curb Ramps per Caltrans Std. A88A at Six Thousand One Hundred Dollars and Zero Cents (Lump Sum Price in Words) 14 Move and Adjust Utility 17 EA § 700.00 i 11 1900.00 Boxes to Grade at Seven Hundred Dollars and Zero Cents (Lump Sum Price in Words) Total amount of bid in words: ------------------------ Nine Hundred Thirty Three Thousand Eight Hundred Twenty-Five Dollars and Twenty Five Cents Total amount of bid in numbers: $_9.:::..3.:::..3=8=2=5...:.:.2=5..__ _______________ _ Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). __ N_O_µ_~~----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 621610 , classification A, B, & C-12 which expires on 08/31 /2024 , and Department of Industrial Relations PWC registration number 1000004325 which expires on 06/30/2024 , and that this statement is true and correct and has the legal effect of an affidavit. l.._ •1 Revised 6/12/18 Contract No. 6013-23 Page 15 of 118 A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.1 S(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 Bidders Bond (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self- 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. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. l' •+' Revised 6/12/18 Contract No. 601 3-23 Page 16 of 118 IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: / (1) Name under which business is conducted _______ .,...... _________ _ (2) Signature (given and surname) of proprietor ____ ....,... ____________ _ (3) Place of Business ____________ ...,_ _____________ _ City and State ___________ __,.~--------------- (4) Zip Code _______ _ Teleph ne No . ______________ _ (5) E-Mail __________ __,,_ ___________ _ IF A PARTNERSHIP, SIGN HERE: (1) Name under which business i conducted _________________ _ (2) Signature (given and surnam and character of partner) (Note: Signature must be made by a general partner) (Street and Number) Telephone No. _______________ _ ,, • ., Revised 6/12/18 Contract No. 6013-23 Page 17 of 118 IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted LC Paving & Sealing, Inc. President (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of __ C_a-lif_o~r_n_ia~---- (4) Place of Business __ 6_2_0_A---'-lp_in_e_W_a__ay _________________ _ (Street and Number) City and State _E_sc_on_d_id_o_CA _______________________ _ (5) Zip Code _9_20_2_9 _____ _ Telephone No. 760-752-1743 (P) 760-752-1674 (F) (6) E-Mail Marisa@lcpaving.com NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: Jose Salinas President, Vice President, & Secretary { .. •1 Revised 6/12/18 Contract No. 6013-23 Page 18 of 118 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego before me, Marisa Haas, Notary Public (insert name and title of the officer) personally appeared _J_o_s_e_A_._S_a_l_in_a_s ____________________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatur~~ (Seal) BID SECURITY FORM (Check to Accompany Bid) 2023 CONCRETE REPAIR CONTRACT NO. 6013-23 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check ayable to the order of CITY OF CARLSBAD, in the sum of ________________________ _ --------------------+-__ dollars($ _______ _, this amount being ten percent (10%) of the total amo nt of the bid. The proceeds of this check shall become the property of the City provided this pr posal shall be accepted by the City through action of its legally constituted contracting authoriti s and the undersigned shall fail to execute a contract and furnish the required Performance, arranty and Payment Bonds and proof of insurance coverage within the stipulated time· otherwise, the check shall be returned to the undersigned. The proceeds of this check s all also become the property of the City if the undersigned shall withdraw his or her bid wi in the period of fifteen (15) days after the date set for the opening thereof, unless otherwise r quired by law, and notwithstanding the award of the contract to another bidder. BIDDER (NOTE: If t e Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be execu d--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) .-. fi., Revised 6/12/18 Contract No. 6013-23 Page 19 of 118 BIDDER'S BOND TO ACCOMPANY PROPOSAL 2023 CONCRETE REPAIR CONTRACT NO. 6013-23 KNOW ALL PERSONS BY THESE PRESENTS: That we, LC Paving & Sealing, Inc. , as Principal, and Developers Surety and Indemnity Company , as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) Ten Percent of Bid Amount (10% of Bid) for 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: FY 2023 CONCRETE REPAIR CONTRACT NO. 6013-23 in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. By:__,__~----C..,'--1£-#----------By:..,____,,"""'=r--1~--,....,n-~-----(Signature) .)oSl. Stltnos, Xt6lW--Gabriella Grady, Attorney-lo-Fact (Print Name/Title) (Print Name/Title) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY-ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CINDIE K. McMAHON CityA~o By: -A---.c........i......,,._.c:.t---+-~--~-----(_~- ·" Q Revised 6/12/18 Contract No. 6013-23 Page 20 of 118 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On 11\Aj \lo, 1£)12, before me, Marisa Haas, Notary Public (insert name and title of the officer) personally appeared _J_o_s_e_A_._S_a_li_n_a_s ____________________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatur~..J---:)--=~---(Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On ____ M_A_Y___:1::..._2.....::..20;;..2::.:3:;___ before me, _______ L_u_ca_s_P_a_tt'-'-e--rs--o_n--, N_o_t_ary-'--P_u--b_lic ______ , Date Here Insert Name and Title of the Officer personally appeared ____________ .......:;G....:.a....:.b __ rie;;..l....:.la_G;;..r--a..:..dy,__ ____________ _ Name(s) of 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. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. /_ Signature ____ &c:.~::..~~~~~~======:.._- Signature of Notary Public ---------------OPTIONAL-----------------,, Though this section is optional, completing this information can deter alteration of the docum fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ____________ _ Number of Pages: ___ Signer(s) Other Than Named Abo . ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: -------------,~ D Corporate Officer -Title(s): ___ ...,...:::;.. __ D Partner -□ Limited □ Gener Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General D Individual □ Attorne · □ Individual □ Attorney in Fact □Trustee □ □ Trustee □ Guardian or Conservator □Other: _ __,_,,,,_::...._ _________ _ Signer Is □ Other: _____________ _ Signer Is Representing: _________ _ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 POWER OF ATTORNEY FOR COREPOI TE INSURANCE COM PA Y DEVELOPERS SURET\' AND INDEMNITY COMPANY 59 Maiden Lane, 43rd Floor. New York, NY 10038 (212) 220-7120 KNOW ALL BY ·niESE PRESENTS lhat. except as expressly limned herem, C'OREPOINTE INSURANCE COMPANY and DEVELOPERS SURE ry AND INDEMNITY COMPANY, do hereby make, consutute and appomt· Gabriella Grady, Stephanie Hope Shear, Elizabeth Santos, Stacey Garcia and Christopher Coronel of Woodland Hills CA -----~-~------------------------------· . as its true and lawful Attorney-in-Fact, to make. execute, deliver and acknowledge, for and on behalf of said compames, as surcues, bonds. undcnakmgs and contracts or suretysh,p givmg and grantmg unto said Auorney-m-Fact lull power and authonty to do and to pc..-fonTI every act nc-cessary, requisite or proper to be done 111 connection lherew1th as each of said company could do, but reservmg to each of said company full power of substitution and revocation. and all of the acts of said Attorney-in-Fact, pursuant to these presents, are hereby ratified and confirmed TI11s Power of Attorney is effect1ve May 12 , 2023 and shall expire on December JI, 2025 Thts Power of Attorney is gmnted and 1s signed under and by authority of the following resolut10,1s adopted by the Board or Directors orCORFPOINTE INSURANCE COMPANY and DEVELOPERS SURETY ANO INDEMNITY COMPANY (collcet,vely. "Company") on February 10, 2023. RESOLVED, that Slim Zaza Pres1de□1 Surety Underwntmg. James Befl v,cc President Surety Underwriting. and C@•G Da,-,;on Excs;ut,ve Undcrwmer ~. each an employee of AmTrust North America, Inc .. an afliliate of the Company (the "Authorized Signors"), are hereby authonzcd to execute a Pow"r of Attorney, qualifying auorney(s)-in-fact named in the Power of Auorney to execute. on behalf of the Company, bonds, undenak111g,s and contracts of surctysh1p. or other suretyshtp obhga11ons. and that the Secretary or any Assistant Secretary or the Company be. and each of them hereby is, authorized to attest the e~ecuuon of any such Power of Allomey RESOLVED. that the signature of any one or the Authonzcd Signors and the Secretary or any Assistant Secretary of the Company, nnd the seal of the Company must be aflixed to any such Power of Auorney, and any such signature or seal may be affixed by facs,mile, and such Power of Allorncy shall be valid and bind mg upon the Company \\hen so ullixed and in the future wnh respect lo any bond, undc1takmg or contract of sure1ysh1p to \\foch 11 ,s attached IN WITNESS WI IEREOF, C'OREPOINTE INSURANCE COMPANY and DEVELOPFRS SURFIY AND INDEMNrJY COMPANY have caus..'Cl lllt.-se presents to be signed by tl1e Authorized Signor and alll'Stcd by their Secretary or Assistant Secretary this ______ M~a~rc~h~2~7~20~2~3~----- :m00 Na~ r11lc Prcs,dcnt. Surety Underwriting ACKNOWLEDGEMENT: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or val idity of that document. STA TE OF Cal1fom1a -------------COUNTY OF _O_r_m~,g~e _______ _ On this ]J_ day of March , 2011._, before me. Hoang-Quyen Phu Pham . personally appeared __,,_Sa"'m=Z"".az"-'.a=--------- who proved to me on the basis or satisfactory evidence to be the person "hose name is subscribed to w1thm the mstrumcnt and acknowledged to me that they executed the same 10 their authorized capacity, and that by the signature on the mstnunent the e1111t1cs upon behalf which the person acted. executed this instrument I cerufy. under penalty of pcrjul}. under the laws oft he State of-'C""'a"'l"",fi"-or~n"',a=---------that the rorcgomg paragraph 1s true and correct WITNESS my hand and official seal CORPORATE CERTIFICATION ~············, .. HOAHG-QOYEN P. PHAM : Not.ry Public -C.llforni. z i Ora1'19r County i Commission I 2432970 -j My Co':. Elll)ires ,:C 31, 20: t The unders1gncd, the Secretary or Assistant Secretary or COREPOIN11: INSURANCE COMPANY and Dl:VELOPl:RS SURETY AND INDEMNln' COMPANY, does hereby certify that the provisions of the resolutions of the respective Boards of Directors of said corporauons scl lorth m this Power of Attorney arc in force as of the date of this Ccnification 1111s Cen, ficntion 1s c:1:ecuted in U,e City of Cleveland. Ohio. this March 19. 2023 DocuSlgnod by: By: _.,O,l"'--"l\i...,,,,b.....,S(...,,,,_ _____ _ Barry W Moses, Assistant Secretary POA No NIA ------7AOE548C .. DocuSignEnvelopelD:3352BFD6-5E9D-4796-837E-C1E455E6530F Ed 0323 8/17/23, 2:46 PM Company Profile 1.. ; CALIFORNIA ' : DEPARTMENT OF INSURANCE Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/ Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information DEVELOPERS SURETY AND INDEMNITY COMPANY P.O. BOX 19725 IRVINE, CA 92623-9725 Old Company Names Effective Date Agent For Service SARAH CLEMENS 5901 W. Century Blvd #750 Los Angeles CA 90045 Reference Information NAIC #: 12718 California Company ID #: 4606-0 Date Authorized in California: 08/30/1999 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: II CALIFORNI A back to top NAIC Group List NAIC Group #: 2538 AmTrust Financial Serv Grp Lines Of Business 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. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LEGAL INSURANCE LIABILITY MARINE MISCELLANEOUS PLATE GLASS https://interactive. web. insurance.ca .gov/companyprofile/companyprofile?event=companyProfile&doFunction=getCompanyProfile&eid= 100170 1/2 8/17/23, 2:46 PM back to top © 2008 California Department of Insurance Company Profile SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION https://interactive .web .insurance .ca .gov/companyprofile/companyprofile?event=companyProfile&doFunction=getCompanyProfile&eid=100170 2/2 Revised 6/12/18 Contract No. 6013-23 Page 21 of 118 GUIDE FOR COMPLETING THE “DESIGNATION OF SUBCONTRACTORS” FORM REFERENCES Prior to preparation of the following “Subcontractor Disclosure Form” Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, “Bid”, “Bidder”, “Contract”, “Contractor”, “Contract Price”, “Contract Unit Price”, “Engineer”, “Own Organization”, “Subcontractor”, and “Work”. Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes 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 may result in rejection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any 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 6/12/18 Contract No. 6013-23 Page 22 of 118 Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. "~ \_. DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) 2023 CONCRETE REPAIR CONTRACT NO. 6013-23 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Subcontractor Name Phone No. DIR Subcontractor's Amount of Portion and and Email Registration License No. and Work by of Work Subcontract Location of Business Address No. Classification or in Dollars* Item# 5 Landmark Consultino 858-587-8070 1000005403 PLS # 8414 $41 ,850.00 San Diego CA Ronamllmco.net Page 1 of _1_ pages of this Subcontractor Designation form • Pursuant to section 4104 (a)(3)(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 6/12/18 Contract No. 6013-23 Page 23 of 118 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) 2023 CONCRETE REPAIR CONTRACT NO. 6013-23 The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Name and Address Name and Phone Amount Contract of the Employer No. of Person to Type of Work of Completed Contract Contract Please See Attached Sheet l' • ., Revised 6/12/18 Contract No. 6013-23 Page 24 of 118 CITY OF ENCINITAS 505 S VULCAN AVENUE ENC INITAS, CA *J\NNUJ\L CONTRACT $1,100,000.00 CITY OF SAN DIEGO PUBLIC WORKS DEPT SAN DIEGO, CA SIDEWJ\LK REPLACEMENT GRP 1603 $750,000.00 -FEBRUARY 2020 CI TY OF H EMET 445 E FLORIDA AVENUE HEMET, CA 92543 *CDBG 2021/22 ACCESSIBLE SIDEWALK $461,852.50 -APRIL 2023 CITY OF TEMECULA 41000 MAIN STREET TEMECULA, CA 92590 *CITYWIDE CONCRETE REPAIRS $272,369.97 -APRIL 2023 REFERENCES JOHN UGROB jugrob@encinitasca.gov 760-633-2854 NEDA BOUROJERDI NBourojerdi@sandiego.gov 619.990.2072 DJ\RYL SC HOLES DScholes@hemctca.gov 951.765.2361 RY AN CAST! LLO ryan.castillo@tcmeculaca.gov 951.693.3961 BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) 2023 CONCRETE REPAIR CONTRACT NO. 6013-23 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: rs/ ri ui J Comprehensive General Liability Automobile Liability Workers Compensation Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of 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. l~ •I Revised 6/12/18 Contract No. 6013-23 Page 25 of 118 • • I ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDNYYY) L,..---·· 03/23/2023 THIS <:eRTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY All> CONFERS NO RIOHTS UPON Ti.i CERTIACATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEOATIVELY AMEND, EXTEND OR ALTER THE COVERAOE AFFORDS> BY THE POUCIES BELOW. THIS CERTIFICATE OF INSURANCE DOES HOT CONSTITUTE A CONTRACT BETWEEN THE ISSUINO INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIRCATE HOLDER. IMPORT ANT: If the certlflcate holder-Is an ADDITIONAL INSURED, the pollcy(les) rra1st have ADDITIONAL INSURED prOYisions or be endorsed. It SU8ROOATION IS WAIVED, subject to the terms a,,d condlllons of the policy, certain poNcles may retJJire an endarsement. A statement on this c.tlflcate does not confer rti,,ts to the certlllcate holder In lieu at SUCh andorsemanl(s). PRODUCER ~il:.\~CT CLIENT CONTACT CENTER FEDERATED MUTUAL INSURANCE COMPANY ~~~ •• ll!lt): 886-333-49-49 I f~. No): 507--446-4664 HOME OFFICE: P.O. BOX 328 OWATONNA, MN 55060 ~·o"~ss: CLIENTCONTACTCENTER(iilFEDINS.COM INSURERS AFFORDtNO COVERAQE NAIC# INSUIU~ A:FEDERATED MUTUAL INSURANCE COMPANY 13935 INSURED 416-992-6 INSURER B: LC. PAVING & SEALING, 620 ALPINE WAY INC. INSURER C: ESCONDIDO, CA 92029-1204 INSUIU~ D: IMSUREA E: INSURER F: COVERAGES CERTIRCATE NUMBER: 24 REVISION NUMBER: 1 THIS IS TO CERTIFY TAAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 8E ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED av THE POLICIES DESCRl8EO HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REOIJCEO BY PAID a.AIMS. 1~,1 TYPf OF INSURANCE l~.1 l~!J!l POLICY KUMBER POLICY "F .Nl,IC;TUll' LIMITS e!.. COMMERCIAL O[NlllAI. IJAIIIUTY fACH OCCURRENCE $1,000,000 O cl.AIMS--MADE @occuR P.~~~-'IEIITTD PREMISES $100,000 --WED EXP (""1 -parson) $5,000 A y y 1845367 11/1512022 11/15/2023 PERSONAL I. NJV !ft.JURY ,, 000 000 -.-,,M,HO 'l? nnnnnn 00.l AZ.Olt(GATE u .. r APPLIES PER: ~ POLICY CJ:c?r· □ LOC PRODUCTS & COMP/OP N:,C S2,000,000 OT~ER: AIJTOM08ILE LI.ABILITY -&~~~ftSINOLE LIMIT · $1,000,000 X ~YAUTO 80Dlt.Y INJURY (Par Pe,-J --A OWNED AUTOS ONLY ...,._i~UlEO N N 1845867 11/1512022 11/15/2023 BODILY INJURY (Per Acddon0 -f.!!_~~,::V__qAMAOI HIREOAUTOSOWNLY NON•aNNEO --AUTOS ONLY ...!. UMBRELLA L IAB _! OCCIJR IACH O<XUUIHCI $5,000,000 A EXCESSLIAB Cl.AIM-OE N N 1845868 11/15/2022 11/15/2023 AOORIOATl $5,000,000 oeo I IRETENllCN WORKERS COMPENSATION I P£R&T ... TUTE I P™ER AND EMPLOYERS' UAelUTY L ~y PROPRllTOR/PAATNIRI l~ICUTM 1,L [Al,CH ACCIDllfT ~Ffl(ERIMEMBER El<C:WDEDJ NIA IM.,_ry In NH) E.L DISEASE EA EMPLOYEE ~ll~T~ ~RATIONS IN,_ £.L Dl$EASE · POUCY UMIT Dl~CAIPTK>N Of OPEFlAT10ft9 I LOCATIONS I VEH.CLES (ACORD M1, Additcana, ltem11'11 Schedule, may be ~ it more IPKI 11 required] SEE ATTACHED PAGE CfRTIFICATE HOLDER CANCELLATION 416-992~ 24 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED aTY OF CARLSBAD/CMWO C/0 EXIGIS INSURANCE COMPLIANCE SERVICES BEFORE THE EXPIRATION DATE THEREOF, NOTICE WIU BE DELIVERED IN PO BOX947 ACCORDANCE WITH THE POLICY PROVISIONS. MURRIETA, CA 92564-0947 AUTHORIUD REPR£SENTAT1\/f: J . .fJ ft. t.~ -- e 1988-2015 ACORD CORPORATION. AU rt!tlb reserved. ACORD 25 (2016/03) The ACORD name and logo are reglstllnld marl:S ol ACORD •'~Q ACORD ~--· ACEMCV AGENCY CUSTot.ER ID: _4_16_-992 __ -6 _________________ _ LOC #: __________________ _ ADDITIONAL REMARKS SCHEDULE Page of NAMED INSUR(D FEDERATED ~UTUAL INSURANCE COMPANY LC. PAVING & SEALING, INC. 620 ALPINE WAY POUCV NUMBER ESCONDIDO, CA 92029-1204 SEE CERTIFICATE# 24.1 CARRIER I NAIC CODE EA'ECTII/E DATE: SEE CERTIFICATE# 24.1 SEE CERTIFICATE# 24.1 ADDITIONAL REMARKS THIS AOOITIONAL REMARKS FORM IS A SCHB>UL.E TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE RE: ALL PROJECTS THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE COtl>ITIONS Of THE ADDITIONAL INSUIEI> -OWNERS, LESSEES OR CONTRACTORS -AUTOMATIC STATUS WHEN REQUIRED IN A WRITTEN CONSTRUCTION AGREEMENT WITH YOU ENDORSEMENT FOR G91ERAL LIABILITY . INSURANCE PROVIDED BY THE GENERAL LIABILITY COVERAGE IS PRIHARY AN> NONCONTRIBIJTDRY OVER OTHER INSURANCE . GENERAL LIABILITY CONTAINS A WAIVER Of Sl.llROCATION IN FAVOR OF THE CERTIFICATE HOLDER SUBJECT TO THE CONDITIONS OF THE BLANCET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY ENDORSEHENT. ACORD 101 (2008/0t) @ 20III ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered mar1cs <:A ACORD COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is . added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from . any other insurance available to an additional i.nsured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance. would be primary and would not seek contribution from any other insurance available to the additional insured. © Insurance Services Office, Inc., 2012 Page 1 of 1 CG 20 01 0413 Policy Number: 1845867 Transaction Effective Date: 11/15/2022 COMMERCIAL GENERAL LIABILITY CG 20 33 0413 THIS ENDORSEMENT CHANGES. THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR · CONTRACTORS -AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II • Who Is An Insured is amended to include as an additional insured any person or organization f<;>r whom you are performing operations when you and such person or organization have agreed in _writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for Hbodily injury", "property damage" or Hpersonal and . advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured: 1. · Only applies to the extent permitted by law; and · 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damageH or Hpersonal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications: or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing · in the superv1s1on, hiring, employment, training or monitoring of others by that insured, if'the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. © Insurance Services Qffice, Inc., 2012 Page 1 of 2 CG 20 33 0413 P_olicy Number: 1845867 Transaction Effective Date: 11/15/2022 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the ... ~ame project 1 • • · _., --· • •· • , • • •· .,. • ... -· C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Deel arations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 33 0413 Policy Number: 1845867 Transaction Effective Date: 11/15/2022 ~ LCPAVIN-01 DINTA1 ACORD. CERTIFICATE OF LIABILITY INSURANCE I DA TE (MM/DDIYYYY) ~ 9/14/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES , BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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 riqhts to the certificate holder in lieu of such endorsement/SI. PRODUCER License # OL48969 S9ij!~cT Brianna Steverson C3 Risk & Insurance Services r.:JRN:o, Exll: (619) 385-1139 131 I FAX 404 Camino Del Rio S. STE 410 (A/C,Nol: San Diego, CA 92108 ~~~AJbcc.briannat'@c3insurance.com INSURER/SI AFFORDING COVERAGE NAIC# INSURER A :SERVICE AMERICAN INDEMNITY COMPANY 39152 INSURED INSURER B : LC Paving & Sealing Inc INSURERC : 620 Alpine Way INSURERD : Escondido, CA 92029 INSURER E: INSURER F: 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. NOTVI/ITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT \MTH RESPECT TO Vv'HICH 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. IN~~ TYPE OF INSURANCE ~.9P~ ,~.'!.~ POLICY NUMBER POLICY EFF POLICY EXP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s -D CLAIMS-MADE □ OCCUR g~~t~~J?E~ENTED $ -MED EXP IAnv one oe™>nl $ -PERSONAL & ADV INJURY s ~'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s POLICY □ ~r& □ LOC PRODUCTS -COMP/OP AGG $ OTHER: s ,, AUTOMOBILE LIABILITY -~~~~\':.~~.~INGLE LIMIT $ ANY AUTO BODILY INJURY /Per """"'nl $ -DINNED -SCHEDULED ,._ AUTOS ONLY -AUTOS BODILY INJURY IPer accidenl\ $ -~L'VH's ONLY -~ara"S'Ji.~ fpfJ.?~~d~t?AMAGE $ $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ -EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ s A WORKERS COMP EN SA TION XI ~¥fmrF I I ~JH-AND EMPLOYERS" LIABILITY YIN SAMTWC10018200 9/12/2022 9/12/2023 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT $ ~FICERIMljMB/W EXCLUDED? N/A 1,000,000 andatory n N ) E.L. DISEASE -EA EMPLOYEf S ~li~~~if~ ~f~PERATIONS belaw E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) RE: All Projects. Waiver of subrogation applies to the Workers Compensation but limited to the operations of the Insured under said contract, and always subject to all the policy terms, conditions and exclusions per endorsements attached. Cancellation wording applies per the terms and conditions of the attached form when required by written contract or agreement. City of Carlsbad/CMWD CERTIFICATE HOLDER CA NC ELLA TION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Services P.O. Box 4668 -ECM #35050 New York, NY 10163-4668 AUTHORIZED REPRESENTATIVE )JL_zt_ I ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA WC 04 03 06 (Ed. 04-84) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 0.02% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Blanket Waiver of Subrogation as required by written contract This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below Is required only when this endorsement is Issued subsequent to preparation of the policy.) Endorsement Effective 9/12/2022 Insured LC Paving & Sealing Inc WC 04 03 06 (Ed. 04-84) Policy No. SAMTWC10018200 Endorsement No. Insurance Company Service American Indemnity Company Countersigned By BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) 2023 CONCRETE REPAIR CONTRACT NO. 6013-23 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? X 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 debarments. party debarred agency agency period of debarment BY CONTRACTOR: LC Paving & Sealing, Inc. J Salinas President (print name/title) Page 1 of _1_ pages of this Re Debarment form l' •;, Revised 6/12/18 Contract No. 6013-23 Page 26 of 118 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) 2023 CONCRETE REPAIR CONTRACT NO. 6013-23 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? X yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? X 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? X 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? X 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 pertains to, describe the nature of the violation and the disciplinary action taken therefore. (If needed attach additional sheets to provide full disclosure.) Page ___1__ of 1c pages of this Disclosure of Discipline form '-' ■.,-Revised 6/12/18 Contract No. 6013-23 Page 27 of 118 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) 2023 CONCRETE REPAIR CONTRACT NO. 6013-23 1) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party whose discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: LC Paving & Sealing, Inc. ( ~ame of~ctor) By: -'---H,,<::....Z...-~------------ (sign here) (print name/title) Page ____k of 1(-pages of this Disclosure of Discipline form ,., • ., Revised 6/12/18 Contract No. 6013-23 Page 28 of 118 NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 2023 CONCRETE REPAIR CONTRACT NO. 6013-23 The undersigned declares: I am the President ofC Paving & Sealing, Inc; the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on N\a~ ! l.P, U ~ , 20_2"!2 at 'urat,(/..Jp [city], ctJ,.., [state]. l' •f' Revised 6/12/18 Contract No. 6013-23 Page 29 of 118 CONTRACT PUBLIC WORKS This agreement is made this i I ~ "f-' day of __ .........,_..,._,~-¥---''---"''--+------- 2023, by and between the City of Carlsbad, California, a municipal c "City"), and L.C. Paving & Sealing, Inc., a California corporation (" place of business is 620 Alpine Way, Escondido, California "Contractor"). City and Contractor agree as follows: oration, (hereinafter called ontractor"), whose principal 92029 (hereinafter called 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: (hereinafter called "project") 2023 CONCRETE REPAIR CONTRACT NO. 6013-23 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Noncollusion Declaration, Designation of 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, sha ll be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through th e 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. 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 l' • ., Revised 6/12/18 Contract No. 6013-23 Page 30 of 118 Revised 6/12/18 Contract No. 6013-23 Page 31 of 118 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. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. Contractor shall comply with California Labor Code, section 1776, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from "~ \_. Revised 6/12/18 Contract No. 6013-23 Page 32 of 118 or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Policy # 70. (A) Coverages and Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability (CGL) Insurance: Insurance written on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b. Business Automobile Liability Insurance: $2,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers’ Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers’ Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded "~ \_. Revised 6/12/18 Contract No. 6013-23 Page 33 of 118 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. (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. "~ \_. 11. Claims and Lawsuits. All claims by Contractor shall be resolved in accordance with Public Contract Code section 9204, which is incorporated by reference. A copy of Section 9204 is included in Section 3 of the General Provisions. In addition, all claims by Contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in Section 3 of the General Provisions. In the event of a conflict between Section 9204 and Article 1.5, Section 9204 shall apply. Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 above. ____ init ~init 12. Maintenance of Records. Contractor shall maintain and make available at lcost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. {' •+r Revised 6/12/18 Contract No. 6013-23 Page 34 of 118 Revised 6/12/18 Contract No. 6013-23 Page 35 of 118 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be 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. 15. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or 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. 16. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. /// /// /// /// /// /// /// /// /// /// /// /// /// "~ \_. 17. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: D a municipal corporation L.C. Paving & Sealing, Inc. (sign here) ATTEST: ose Salinas, President/Secretary (print name and title) By:--------------- (sign here) (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: CINDIE K. McMAHON Cit~Attor By: ----DeCAttorney l'\ •tf Revised 6/12/18 Contract No. 6013-23 Page 36 of 118 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validitv of that document. State of California County of San Diego before me, Marisa Haas, Notary Public (insert name and title of the officer) personally appeared _J_o_s_e_A_._S_a_l_in_a_s ____________________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature eeccecee~ MARISA ANN HAAS Notary Public • California : San Dleao County ~ Commission, 2306519 - y Comm. Exptr,s Sep 2-4, 2023 ., Bond Number: 0101710 Premium Included In Performance Bond LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to L.C. Paving & Sealing, Inc., (hereinafter designated as the "Principal"), a Contract for: 2023 CONCRETE REPAIR CONTRACT NO. 6013-23 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, L.C. Paving & Sealing, Inc., as Principal, (hereinafter designated as the "Contractor''), and Developers Surety and Indemnity Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of nine hundred thirty-three thousand eight hundred twenty-five dollars and twenty-five cents ($933,825.25), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. {'\ •ff Revised 6/12/18 Contract No. 6013-23 Page 37 of 118 In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. SIGNED AND SEALED, this ___ 30_th ___ day of ______ Ju_n_e ____ , 201.L_ Developers Surety and Indemnity Company (Surety) By:v . {Signature) Lawrence F. McMahon, Attorney-In-Fact (Print Name & Title) (SEAL) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CINDIE K. McMAHON By· ~ ~ City~ ·~ ·~ Q Revised 6/12/18 Contract No. 6013-23 Page 38 of 118 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On Ju \~ U1 1 ]J;'L3 before me, Marisa Haas, Notary Public (insert name and title of the officer) personally appeared _J_o_s_e_A_._S_a_l_in_a_s ____________________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatur~ "j (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego on June 30, 2023 before me, Minna Huovila, Notary Public (insert name and title of the officer) personally appeared Lawrence F. McMahon who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ~ I • MINNA HUOVILA I ,.. ,.... COMM. #2313883 n NOTARY PUBLIC·CAUFORNIA u, ~ • SAN DIEGO COUNTY ~ <.> , My commission Ei<pires l I . DECEMBER 6, 2023 _ (Seal) L..;::::;.,__...-.... -•--- POWER OF ATTORNEY FOR COREPOINTE INSllRA 'CE COMPANY DEVELOPERS SURETY AND INDEMNITY COMPANY 59 Maiden Lane. 43rd Floor, New York, NY 10038 (212) 220-7120 KNOW ALL BY TIIESE PRESENTS that, except as expressly limited herein, COREPOINTE INSlJRANCF. COMPANY and DEVELOPERS SlJRFJ Y AND INDEMNITY COMPANY, do hereby make. constitute and appoint _La_w_re_n_ce_F_._M_cM_a_ho_n,_J_o_h_n_R_. _a_u_a_lin_,_s_a_ra_h_M_y_e_rs_,_T_a_ra_Ba_con __ ' _M_a_ria_H_a_llm_a_r_k_a_nd_M_in_n_a_H_uo_v_ila ___ , of San Diego, CA as its true and lawful Attorney-in-Fact, to make, e.xecute, deliver and acknowledge, for and on behalf of said companies. as sureties, bonds, undertakings and contra,L~ of surctysh1p giving and granting unto srud Attomey-m-Fact full power and authority to do and to pcrfom1 every act necessary, requ1s1te or proper to be done 111 connection therewith as each of said company could do, but reserving to each of said company full power of subst1tu11on and revocauon, and all of the acts of said Attorney-in-Fact, pursuant to these presents, are hereby ratified and confirmed This Power of Attorney 1s enec11ve __ June 1. 2023 __ shall expire on December 31, 2025 and This Power of Attorney 1s granted and 1s signed under and by authonty of the following resolutions adopted by lhe Boord of Director:; of C:ORFPOINTF INSURANCI. COMPANY and Dl:::VELOPERS SURETY AND INDEMNITY COMPANY (collectively. "Company") on February 10. 2023 RESOLVl:D that Sam Zat.a President Surety Undcrwnlmg. Ji!lllCS...!:!cll Y1ce l'res1den1 Sure)\ Undernriting. and Craig Da,-,on hecu11ve Undcrwrnc,:. Surety. each an employee of AmTrust North America, Inc. an affiliate of the Company (the "Authonzed Signors"). are hereby authorized to execute a Power of Altome). qualifying allorncy(s)-m-fact named m the Power of Allorncy to execute. on behalf of the Company. bonds, undertakings and eontrncL~ of surctysh1p, or other surelysh1p obhgallons. and that the Secretary or any Ass1sum1 Secretary of the Company be, and each of them hereby 1s, authon1cd to attest the cxeeut1on of any such Power of Auomey RESOLVED thal the signature of any one of the Authorized Signors and 1he Secretary or any Assistant Secretary of the Company. and the seal of the Company must be affixed to any such Power of Anorney, and any such signature or seal may be affixed by focs1m1le, and such Power of Attorney shall be valid and binding upon the Company \\i1en so affixed and m the future with respect to any bond, undcrtukmg or contract of suretysh1p to wl11ch 1t 1s attached IN WITNESS Wl-fFREOF, COR[POINTF INSURANCE COMPANY and DFVELOPF.RS SURFTY AND INDEMNITY COMPANY have caused these presents to be s1grcd by the Aulhor111:d Signor aid ant-sted by their Secretary or Assistant Secretary this March 27 2023 :,edN•~ Title President, Surety Underwriting ACK OWLEDGEMENT: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STA TF OF -'C~a~l1~fo~m_ia ________ _ COUNTY OF _O_ra_n~g~e _______ _ On this n__ day of March • 20 .n_. before me. I loang-Quyen Phu Pham . personally appeared --"'Sam=~Za=oz=~=---------who proved to me on the basis of satisfactory evidence to be the person \\hose name 1s subscribed to ,vithm the instrument and acknowledged to me that thl'Y executed the same m their authorized capacity, and !hat by the signature on the instrument the ent111cs upon behalf which the person acted. executed this instrument I cerufy. under penalty ofpcrJury. under the laws of the State of...;:C:.:'a"'li"'fo"'rn-'-=1a'-________ that the foregoing paragraph 1s true and correct WITNFSS my hand and oflicial scnl ~ C O O O -:c::QU~:P. ;..;: 0 f _ _ HotAry Public · uliforni. ~ i Or.,.e County ~ Commission I 2432970 -i 0 0 u !yComm. ExplresOecJ1, 2026 t CORPORA1 E CERTIFICATION 111c undersigned, the Secretary or Assistant Secretary of COREPOINTl: INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the prov1s1ons of lhe resolutions of the respective Boards of Directors of said corporauons set forth in this Power of Altomcy are m force as of the date ofth1s Certificauon This Certdicat1on 1s executed m the City of Cleveland. Ohio, this March 19, 2023 r-:_OoeuSignod by: By L::4~ 7 ~ 54 ~-~St S Barry W Moses. Assistant Secretary POA No _N_/_A ___ _ DocuSignEnvelopelD:3352BFD6-5E9D-4796-837E-C1 E455E6530F Ed 0323 Signed and sealed this 30th day of June, 2023 8/17/23, 2:46 PM Company Profile I. · CALIFORNIA ' ; DEPARTMENT OF msURAHCE Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/ Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information DEVELOPERS SURETY AND INDEMNITY COMPANY P.O. BOX 19725 IRVINE, CA 92623-9725 Old Company Names Effective Date Agent For Service SARAH CLEMENS 5901 W. Century Blvd #750 Los Angeles CA 90045 Reference Information NAIC #: 1112718 I California Company ID#: 114606-0 Date Authorized in California: 1108/30/1999 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: CALIFORNIA back to top NAIC Group List NAIC Group #: 2538 AmTrust Financial Serv Grp Lines Of Business 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. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LEGAL INSURANCE LIABILITY MARINE MISCELLANEOUS PLATE GLASS https://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyProfile&doFunction=getCompanyProfile&eid=100170 1/2 8/17/23, 2:46 PM back to top © 2008 California Department of Insurance Company Profile SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION https://interactive. web.insurance.ca .gov/companyprofile/companyprofile?event=companyProfile&doFunction=getCompanyProfile&eid=100170 2/2 Bond Number: 0101710 Premium: $12,838.00* • Subject to Adjustment Based on Final Contract Price FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to L.C. Paving & Sealing, Inc., (hereinafter designated as the "Principal"}, a Contract for: 2023 CONCRETE REPAIR CONTRACT NO. 6013-23 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, L.C. Paving & Sealing, Inc., as Principal, (hereinafter designated as the "Contractor"}, and Developers Surety and Indemnity Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of nine hundred thirty-three thousand eight hundred twenty-five dollars and twenty-five cents ($933,825.25), 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. l' •+;' Revised 6/12/18 Contract No. 601 3-23 Page 39 of 118 In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. SIGNED AND SEALED, this __ ...;.30=th'----day of _____ ..:..Ju=n..;;..e ____ , 20 23 _L_C_P_av_in=g_&_S_ea_li__.ng:.:.., _lnc_. _______ (SEAL) Developers Surety and Indemnity Company (SEAL) (Princip I) (Surety) Signature) )a St SA lo14~ ~r1Qbti;r (Print Name& itle) Lawrence F. McMahon, Attorney-In-Fact (Print Name & Title) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CINDIE K. McMAHON City Attorne l' • ., Revised 6/12/18 Contract No. 6013-23 Page 40 of 118 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego before me, Marisa Haas, Notary Public (insert name and title of the officer) personally appeared _J_o_s_e_A_._S_a_li_n_a_s ____________________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego on June 30, 2023 before me, Minna Huovila, Notary Public (insert name and title of the officer) personally appeared Lawrence F. McMahon who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s}, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official se . (Seal) MINNA HUOVILA O t COMM. #2313883 o NOTARY PUBLIC-CALlfORNIA (I) SAN DIEGO COUNTY ~ My Comm,ss,on Ei<pires 1 DECEMBER 6. 2023 _ POWER OF ATTORNEY FOR COREPOINTE INSURANCE COMPANY DEVELOPERS SURETY AND INDEMNITY COMPANY 59 Maiden Lane. 43rd Floor. New York, NY 10038 (212)220-7120 KNOW ALL BY ll-lESE PRESENTS that. except as expressly limited herein, COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDl::.MNITY COMPANY, do hereby make, constitute and appoint _L_a_w_re_n_ce_F_._M_c_M_a_h_o_n,_J_o_h_n_R_. _o_u_a_lin_,_s_a_ra_h_M_ye_rs_,_T_a_ra_B_ac_o_n_, _M_a_ri_a_H_a_llm_ar_k_a_n_d_M_i_nn_a_H_u_o_v_il_a ___ , of San Diego, CA as its true and lawful Attorney-in-Fact, to make, execu1e, deliver and acknowledge, for and on behalfof sa1d companies. as sureties, bonds. undcnaking..~ and contracts of surctyship giving and granting unlo said Attorney-in-Fact full power and aulhonty to do and to pcrfonn every act necessary, requ1s1te or proper to be done m connection therewith as each of said company could do, but reserving to each of said company full power of subst1tutton and revocation, and all of the acts of satd Attorney-in-Facl pursuant 10 these presents, arc hereby ratified and confinned. This Power of Attorney is effecttve June 1, 2023 and shall expire on December 31 , 2025 This Power of Attorney is granted and is signed under and by authority or the following rcsolulions adopted by lhe Board of Directors ofCOREPOINTE INSURANCE COMPANY mtd DEVELOPERS SURETY AND INDEMNITY COMPANY (colleclively, "Company") on February 10, 2023. RESOLVED. thu1 Sam Za1.a President Surety Underwriting. James Bell v ,cc Presidcn1 Surety Underwriting. and Crum Dawson Ext-cuove Undcrwrner ~. each an employee of Am Trust Nonh America, Inc . an aITTliale of the Company (lhe "Authorized Signors"). are hereby aulhonzcd to execute a Power of Allorney. qualifying auorney(s)-in-fact named in the Power of Attorney to execute, on behalf of lhc Company. bonds, undenakings and conlr.icts of surel}'Ship, or other suretysh1p obltgattons. and that the Secretary or any Assistant Secretary of the Company be, and each of them hereby 1s. aulhori7.ed 10 attest the execution of any such Power of Allorney RESOLVED. that the signature of any one of the Aulhorized Signors and the Sccrelary or any Assisiant Secretary oflhe Company, and the seal of the Company must be atlixed 10 any such Power of Attorney, and any such signature or seal may be affixed by facsimile, and such Power of Attorney shall he valtd and binding upon the Company when so affixed and m the future with rcspecl to any bond, undertaking or contract of suretyship 10 which it 1s atiached IN WITNF.SS WHEREOF. COREPOINTE INSURANCE COMPANY and DF.VaOPERS SURETY AND INDEMNITY COMPANY have caustxl llx.-sc presents lo be signed by lhc Aulhomed Signor and attested by the tr Secrclary or Assislanl Sccre1ary thts ______ M_ar_c_h_2_7~2_0_2_3 ____ _ :,.~N~ f1tlc President. Surety Underwi-i1ing ACKNOWLEDGEMENT: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfu lness, accuracy, or validity of that document. STA TE OF -'C=a"'-l1f=o"-'m""ia"-----------COUNTY Or _O_ra_n_g_c _______ _ On this ]J_ day of March , 20.ll_, before me. Hoang-Quyen Phu Pham . personally appeared _S=a=m=Z=aza~-------- who proved to me on the has1s of sat 1sfactory evidence lo be the person ,~hose name is ~ubscnbcd to within the mstrumcnl and acknowledged to me that they executed the same m 1he1r aulhort7.Cd capacity, and lhat by the signature on the instrument the entities upon behalf which the person acted. executed 1h1s inslrumcnt I certify, under penalty ofpcrJury, under 1he laws of the Siate of_C=a=l~,fo=r~n~ta~--------1hat the foregoing paragraph 1s true and correcl WITNESS my hand and official seal ~-oeceeooeeeof .. HOANG-QUYEN P. ,HAM : Nowy Publk • C.liforniA : i Oranp County i Commission I 2432970 -~ u u !Y ;omm. ExpirH:C 31 u 20! t CORPORATE CERTIFICATION 'lltc undersigned, the Secrelary or Assislant Sccrc1ary of CORF.POINTE INSURANCE COMPANY and Df:VELOPERS SURFTY AND INDEMNITY COMPANY, does hereby cenify that the provisions of !he resoluttons of the respective Boards of Direc1ors of said corporations sel forth in this Power of Auorney are in force as of the date of1his Cenification. ll11s Ceni liealton is executed m the C11y of Cleveland, Ohio, this March 19. 2023. ~ocuSlgned by: By: ~rr:t l}J kDSt S 68641 7AOE548C ... Barry W Moses, Assistant Secrelary POA No. N/A ------ DocuSignEnvelopelD:3352BFD6-5E9D-4796-837E-C 1 E455E6530F Ed 0323 Signed and sealed this 30th day of June, 2023 8/17/23, 2:46 PM Company Profile I... CALIFORNIA ' : DEPARTMENT OF INSURANCE Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/ Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information DEVELOPERS SURETY AND INDEMNITY COMPANY P.O. BOX 19725 IRVINE, CA 92623-9725 Old Company Names Effective Date Agent For Service SARAH CLEMENS 5901 W. Century Blvd #750 Los Angeles CA 90045 Reference Information NAIC #: 12718 California Company ID #: 4606-0 Date Authorized in California: 08/30/1999 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: CALIFORNIA back to top NAIC Group List NAIC Group #: 2538 AmTrust Financial Serv Grp Lines Of Business 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. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LEGAL INSURANCE LIABILITY MARINE MISCELLANEOUS PLATE GLASS https://interactive. web.insurance.ca.gov/companyprofile/companyprofile?event=companyProfile&doFunction=getCompanyProfile&eid= 100170 1/2 8/17/23, 2:46 PM back to top © 2008 California Department of Insurance Company Profile SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION htlps://interactive. web.insurance.ca .gov/companyprofile/companyprofile?event=companyProfile&doFunction=getCompanyProfile&eid= 100170 2/2 Revised 6/12/18 Contract No. 6013-23 Page 41 of 118 OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and L.C. Paving & Sealing, Inc., a California corporation (“Contractor”), whose principal place of business is 620 Alpine Way, Escondido, California 92029, 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 section 22300 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 2023 CONCRETE REPAIR CONTRACT NO. 6013-23 in the amount of $933,825.25 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 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 6/12/18 Contract No. 6013-23 Page 42 of 118 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by 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 6/12/18 Contract No. 6013-23 Page 43 of 118 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 MAYOR Name Signature Address 1200 Carlsbad Village Drive, Carlsbad, CA 92008 For Contractor: Title Name Signature Address For Escrow Agent: Title Name Signature Address "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 44 of 118 GENERAL PROVISIONS FOR FY 2023 CONCRETE REPAIR CONTRACT NO. 6013-23 CITY OF CARLSBAD BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1, GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 -- TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 TERMS – Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 Reference to Drawings. Where words "shown”, "indicated”, "detailed”, "noted”, "scheduled”, or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. 1-1.2 Directions. Where words "directed”, "designated”, "selected”, or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. 1-1.3 Equals and Approvals. Where the words "equal”, "approved equal”, "equivalent”, and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer”, unless otherwise stated. Where the words "approved”, "approval”, "acceptance”, or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 DEFINITIONS. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 45 of 118 Addendum – Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bulletins and all other types of written notices issued to potential bidders prior to opening of Bids. Agency – The City of Carlsbad, California. Agreement – See Contract. Assessment Act Contract – A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County. Base – A layer of specified material of planned thickness placed immediately below the pavement or surfacing. Bid – The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. Bidder – Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. Board – The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carlsbad or the Board of Directors of Carlsbad Municipal Water District. Bond – Bid, performance, and payment bond or other instrument of security. City Council – the City Council of the City of Carlsbad. City Manager – the City Manager of the City of Carlsbad or his/her approved representative. Cash Contract – A Contract financed by means other than special assessments. Change Order – A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code – The terms Government Code, Labor Code, etc., refer to codes of the State of California. Construction Manager– the Project Inspector’s immediate supervisor and first level of appeal for informal dispute resolution. Contract – The written agreement between the Agency and the Contractor covering the Work. Contract Documents – Including but not limited to; the Contract, any Addendum (which pertain to the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (including documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions, permits from other agencies, the Technical Specifications, the Supplemental Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 46 of 118 Contractor – The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under permit issued by the Agency, the permittee shall be constructed to be the Contractor. The term “prime contractor” shall mean Contractor. Contract Price – The total amount of money for which the Contract is awarded. Contract Unit Price – The amount stated in the Bid for a single unit of an item of work. County Sealer – The Sealer of Weights and Measures of the county in which the Contract is let. Days – Days shall mean consecutive calendar’s days unless otherwise specified. Deputy City Engineer, Construction Management & Inspection – The Construction Manager’s immediate supervisor and second level of appeal for informal dispute resolution. Dispute Board – Persons designated by the City Manager of the City of Carlsbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution. Electrolier – Street light assembly complete, including foundation, standard, luminaire arm, luminaire, etc. Engineer – The City Engineer of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile – Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer – A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. House Sewer – A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire – The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm – The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire. Minor Bid Item – A single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Modification – Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. Notice of Award – The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract. "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 47 of 118 Notice to Proceed – A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. Own Organization - When used in Section 2-3.1 – Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 “own organization” means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1. Person – Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans – The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Private Contract – Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project Inspector – The Engineer’s designated representative for inspection, contract administration and first level for informal dispute resolution. Proposal – See Bid. Reference Specifications – Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. Roadway – The portion of a street reserved for vehicular use. Service Connection – Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Sewer – Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Specifications – General Provisions, Standard Specifications, Technical Specifications, Reference Specifications, Supplemental Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. Standard – The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. Standard Plans – Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number. "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 48 of 118 Standard Specifications – The Standard Specifications for Public Works Construction (SSPWC), the “Greenbook”. State – State of California. Storm Drain – Any conduit and appurtenances intended for the reception and transfer of storm water. Street – Any road, highway, parkway, freeway, alley, walk, or way. Subbase – A layer of specified material of planned thickness between a base and the subgrade. Subcontractor – An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. Subgrade – For roadways, that portion of the roadbed on which pavement, surfacing, base, subbase, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision – Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supervision by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement – A written amendment of the Contract Documents signed by both parties. Supplemental Provisions – Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. Surety – Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. Tonne – Also referred to as “metric ton”. Represents a unit of measure in the International System of Units equal to 1,000 kilograms. Utility – Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private easement. Work – That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services. 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 49 of 118 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 Abbreviation ..................................... Word or Words ABAN .............................................................Abandon ABAND .......................................................Abandoned ABS ........................ Acrylonitrile – butadiene – styrene AC .................................................... Asphalt Concrete ACP ........................................... Asbestos cement pipe ACWS ..................... Asphalt concrete wearing surface ALT ................................................................Alternate APTS ................................. Apartment and Apartments AMER STD ................................... American Standard AWG ............... American Wire Gage (nonferrous wire) BC .................................................. Beginning of curve BCR ....................................... Beginning of curb return BDRY ............................................................Boundary BF ..................................................... Bottom of footing BLDG ........................................ Building and Buildings BM ............................................................. Bench mark BVC .................................... Beginning of vertical curve B/W ........................................................... Back of wall C/C ..................................................... Center to center CAB ...................................... Crushed aggregate base CAL/OSHA ............ California Occupational Safety and Health Administration CalTrans ....... California Department of Transportation CAP .................................... Corrugated aluminum pipe CB ............................................................. Catch Basin Cb ........................................................................ Curb CBP ............................... Catch Basin Connection Pipe CBR ....................................... California Bearing Ratio CCR ............................ California Code of Regulations CCTV ............................................... Closed Circuit TV CES .......................... Carlsbad Engineering Standards CF ................................................................ Curb face CF ................................................................ Cubic foot C&G .................................................... Curb and gutter CFR ................................ Code of Federal Regulations CFS ......................................... Cubic Feet per Second CIP ......................................................... Cast iron pipe CIPP ................................................ Cast-in place pipe CL ............................................. Clearance, center line CLF .................................................... Chain link fence CMB ............................... Crushed miscellaneous base CMC ......................................... Cement mortar-coated CML ............................................ Cement mortar-lined CMWD .................... Carlsbad Municipal Water District CO .................................................... Cleanout (Sewer) COL..................................................... Column COMM ....................................................... Commercial CONC ........................................................... Concrete CONN ............................................. Connection CONST .................................. Construct, Construction COORD ...................................................... Coordinate CSP ............................................ Corrugated steel pipe CSD ............................... Carlsbad Standard Drawings CTB ............................................ Cement treated base CV ............................................................ Check valve CY ............................................................... Cubic yard D .............................................................. Load of pipe dB ................................................................... Decibels DBL .................................................................. Double DF ............................................................... Douglas fir DIA ................................................................ Diameter DIP ..................................................... Ductile iron pipe DL ................................................................Dead load DR ...................................................... Dimension Ratio DT .................................................................Drain Tile DWG ............................................................... Drawing DWY .............................................................. Driveway DWY APPR ................................... Driveway approach E ....................................................................... Electric EA ........................................................................ Each EC ............................................................ End of curve ECR ................................................ End of curb return EF ................................................................ Each face EG ......................................................... Edge of gutter EGL .................................................. Energy grade line EI ................................................................... Elevation ELC ..................................... Electrolier lighting conduit ELT ........................................................ Extra long ton ENGR ....................................... Engineer, Engineering EP ................................................... Edge of pavement ESMT ........................................................... Easement ETB .......................................... Emulsion-treated base EVC ............................................... End of vertical curb EWA ............................... Encina Wastewater Authority EXC ............................................................ Excavation EXP JT ................................................. Expansion joint EXST ............................................................... Existing F .................................................................. Fahrenheit F&C ................................................... Frame and cover F&I .................................................. Furnish and install FAB ............................................................... Fabricate FAS ............................................... Flashing arrow sign FD ............................................................... Floor drain FDN ............................................................ Foundation FED SPEC ................................. Federal Specification FG ........................................................ Finished grade FH ............................................................. Fire hydrant FL ................................................................... Flow line FS ...................................................... Finished surface FT-LB .........................................................Foot-pound FTG .................................................................. Footing FW ............................................................ Face of wall G ........................................................................... Gas GA ..................................................................... Gauge "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 50 of 118 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 RCB ...................................... Reinforced concrete box RCE ...................................... Registered civil engineer RCP ..................................... Reinforced concrete pipe RCV ........................................... Remote control valve REF ............................................................. Reference REINF ..............................Reinforced or reinforcement RES ...............................................................Reservoir RGE ........................ Registered geotechnical engineer ROW ....................................................... Right-of-Way RR ...................................................................Railroad RSE .............................. Registered structural engineer RTE .................................... Registered traffic engineer S .................................... Sewer or Slope, as applicable SCCP ............................... Steel cylinder concrete pipe SD ............................................................. Storm drain SDNR .............................. San Diego Northern Railway SDR ....... Standard thermoplastic pipe dimension ratio (ratio of pipe O.D. to minimum wall thickness) SDRSD ......... San Diego Regional Standard Drawings SE ...................................................... Sand Equivalent SEC .................................................................. Section SF ............................................................. Square foot SFM ................................................ Sewer Force Main SI ....................... International System of Units (Metric) SPEC ..................................................... Specifications SPPWC .......................................... Standard Plans for Public Works Construction ST HWY ................................................ State highway STA ................................................................... Station "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 51 of 118 STD ............................................................... Standard STR ..................................................................Straight STR GR ................................................ Straight grade STRUC .......................................... Structural/Structure SW .................................................................Sidewalk SWD ...................................................... Sidewalk drain SY ............................................................ Square yard T .................................................................. Telephone TAN ................................................................. Tangent TC .............................................................. Top of curb TEL ............................................................. Telephone TF ........................................................... Top of footing TOPO ........................................................ Topography TR ........................................................................ Tract TRANS ......................................................... Transition TS ......................... Traffic signal or transition structure TSC ............................................. Traffic signal conduit TSS ........................................... Traffic signal standard TW ..............................................................Top of wall TYP .................................................................. Typical UE .............................................. Underground Electric USA ............................. Underground Service Alert VAR ..................................................... Varies, Variable VB ................................................................ Valve box VC .......................................................... Vertical curve VCP ................................................... Vitrified clay pipe VERT ............................................................... Vertical VOL .................................................................. Volume VWD ....................................... Vallecitos Water District W ........................ Water, Wider or Width, as applicable WATCH .............. Work Area Traffic Control Handbook WI ............................................................ Wrought iron WM ........................................................... Water meter WPJ .......................................... Weakened plane joint XCONN ............................................ Cross connection XSEC ..................................................... Cross section 1-3.3 Institutions. Abbreviation Word or Words AASHTO ................. American Association of State Highway and Transportation Officials AISC ....................................................................American Institute of Steel Construction ANSI ...................................................................... American National Standards Institute API ...................................................................................... American Petroleum Institute AREA ............................................................ American Railway Engineering Association ASTM ............................................................ American Society for Testing and Materials AWPA................................................................. American Wood Preservers Association AWS ........................................................................................ American Welding Society AWWA ....................................................................... American Water Works Association FHWA.............................................................................. Federal Highway Administration GRI ................................................................................. Geosynthetic Research Institute NEMA ......................................................... National Electrical Manufacturers Association NOAA ................ National Oceanic and Atmospheric Administration (Dept. of Commerce) UL .................................................................................... Underwriters’ Laboratories Inc. USGS ............................................................................. United States Geological Survey 1-4 UNITS OF MEASURE. 1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test requirements contained herein use SI units specifically and conversions to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the SI units shall control. S.I. units and U.S. Standard Measures in parenthesis may or may not be exactly equivalent. Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors. "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 52 of 118 1-4.2 Units of Measure and Their Abbreviations. U.S. Customary Unit (Equal To) SI Unit (Abbreviations) (Abbreviations) 1 mil (=0.001 in) ....................................................................................25.4 micrometer (m) 1 inch (in) ..............................................................................................25.4 millimeter (mm) 1 inch (in) ..............................................................................................2.54 centimeter (cm) 1 foot (ft) ................................................................................................0.3048 meter (m) 1 yard (yd) .............................................................................................0.9144 meter (m) 1 mile (mi) .............................................................................................1.6093 kilometer (km) 1 square foot (ft2) ..................................................................................0.0929 square meter (m2) 1 square yard (yd2) ................................................................................0.8361 square meter (m2) 1 cubic foot (ft3) .....................................................................................0.0283 cubic meter (m3) 1 cubic yard (yd3) ..................................................................................0.7646 cubic meter (m3) 1 acre ....................................................................................................0.4047 hectare (ha) 1 U.S. gallon (gal) .................................................................................3.7854 Liter (L) 1 fluid ounce (fl. oz.) ..............................................................................29.5735 millileter (mL) 1 pound mass (lb) (avoirdupois) ...........................................................0.4536 kilogram (kg) 1 ounce mass (oz) .................................................................................0.02835 kilogram (kg) 1 Ton (=2000 lb avoirdupois) ................................................................0.9072 Tonne (= 907 kg) 1 Poise ..................................................................................................0.1 pascal . second (Pa . s) 1 centistoke (cs) ....................................................................................1 square millimeters per second (mm2/s) 1 pound force (lbf) .................................................................................4.4482 Newton (N) 1 pounds per square inch (psi) .............................................................6.8948 Kilopascal (kPa) 1 pound force per foot (lbf/ft) .................................................................1.4594 Newton per meter (N/m) 1 foot-pound force (ft-lbf).......................................................................1.3558 Joules (J) 1 foot-pound force per second ([ft-lbf]/s) ...............................................1.3558 Watt (W) 1 part per million (ppm) .........................................................................1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit (°F): ........................................................................Degree Celsius (°C): °F = (1.8 x °C) + 32 ...............................................................................°C = (°F – 32)/1.8 SI Units (abbreviation) Commonly Used in Both Systems 1 Ampere (A) 1 Volt (V) 1 Candela (cd) 1 Lumen (lm) 1 second (s) Common Metric Prefixes kilo (k) ....................................................................................................103 centi (c)..................................................................................................10-2 milli (m) ..................................................................................................10-3 micro () ................................................................................................10-6 nano (n) .................................................................................................10-9 pico (p) ..................................................................................................10-12 1-5 SYMBOLS Delta, the central angle or angle between tangents Angle % Percent ‘ Feet or minutes “ Inches or seconds 1 Number / per or (between words) ° Degree PL Property line CL Centerline SL Survey line or station line "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 53 of 118 SECTION 2 – SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as provided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids. 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, as provided in 4104: “(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor’s total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor’s total bid or ten thousand dollars ($10,000), whichever is greater.” “(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid.” If the Contractor fails to specify a Subcontractor, or specifies more than one Subcontractor for the same portion of the work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor’s total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as otherwise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor. Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 54 of 118 Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor’s own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated “Specialty Items” may be performed by subcontract, and the amount of any such “Specialty Items” so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. “Specialty Items” will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 55 of 118 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 Contract Documents and Specifications, to which the Engineer shall have access at all times. There are no engineering drawings (plans) for this project. The specifications for the work include the General Provisions, project technical specifications, Carlsbad Engineering Standards (CES), Standard Specifications for Public Works Construction, (SSPWC), Part 2 & 3, and the latest supplements thereto, current edition at the time of bid opening as published by the "Greenbook" Committee of Public Works Standards, Inc., hereinafter designated "SSPWC", as amended. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Engineering Standards and Carlsbad Standard Drawings, as issued by the City of Carlsbad and the Carlsbad Municipal Water District, hereinafter designated as CES and CSD, respectively. Copies of some of the pertinent standard drawings are enclosed as an appendix to these General Provisions. "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 56 of 118 The Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. 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 Contract Documents 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. Contract addenda, whichever occurs last. 4. Contract 5. Carlsbad General Provisions, Technical Specifications, and Supplemental Provisions. 6. Plans. 7. Standards plans. a. City of Carlsbad Standard Drawings. b. Carlsbad Municipal Water District Standard Drawings. c. City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d. San Diego Area Regional Standard Drawings. e. Traffic Signal Design Guidelines and Standards. f. State of California Department of Transportation Standard Plans. g. State of California Department of Transportation Standard Specifications. h. California Manual on Uniform Traffic Control Devices (CA MUTCD). 8. Standard Specifications for Public Works Construction, as amended. 9. Reference Specifications. 10. Manufacturer’s Installation Recommendations Detail drawings shall take precedence over general drawings. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above. Detailed plans and plan views shall have precedence over general plans. 2-5.3 Submittals. 2-5.3.1 General. Submittals shall be provided, at the Contractor’s expense, as required in 2-5.3.2, 2-5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested by the Engineer. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required by performed, before the required submittals have been reviewed and accepted by the "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 57 of 118 Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals. The Contractor shall allow a minimum of 20 working days for review of submittals unless otherwise specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal. Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label ‘4-C’ would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor’s letterhead. The Letter of Transmittal shall contain the following: 1. Project title and Agency contract number. 2. Number of complete sets. 3. Contractor’s certification statement. 4. Specification section number(s) pertaining to material submitted for review. 5. Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6. Description of the contents of the submittal. 7. Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval.” By: Title: Date: Company Name: 2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to clearly show all necessary details. Six copies and one reproducible shall be submitted. If no revisions are required, three of the copies will be returned to the Contractor. If revisions are required, the Engineer will return one copy along with the reproducible for resubmission. Upon acceptance, the Engineer will return two of the copies to the Contractor and retain the remaining copies and the reproducible. Working drawings are required in the following sections: "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 58 of 118 TABLE 2-5.3.2 (A) Item Section Number Title Subject 1 7-10.4.1 Safety Orders Trench Shoring 2 207-2.5 Joints Reinforced Concrete Pipe 3 207-8.4 Joints Vitrified Clay Pipe 4 207-10.2.1 General Fabricated Steel Pipe 5 300-3.2 Cofferdams Structure Excavation & Backfill 6 303-1.6.1 General Falsework 7 303-1.7.1 General Placing Reinforcement 8 303-3.1 General Prestressed Concrete Construction 9 304-1.1.1 Shop Drawings Structural Steel 10 304-1.1.2 Falsework Plans Structural Steel 11 304-2.1 General Metal Hand Railings 12 306-2.1 General Jacking Operations 13 306-3.1 General Tunneling Operations 14 306-3.4 Tunnel Supports Tunneling Operations 15 306-6 Remodeling Existing Sewer Facilities Polyethylene Liner Installation 16 306-8 Microtunneling Microtunneling Operations 17 307-4.3 Controller Cabinet Wiring Diagrams Traffic Signal Construction Working drawings listed above as Items 5, 6, 8, 9, 10, 12, 13, 14 and 16 shall be prepared by a Civil or Structural Engineer registered by the State of California. 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions. 2-5.3.4 Supporting Information. Supporting information is information required by the Specifications for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Work unless otherwise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items for the system. If resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless otherwise specified in the Special Provisions: 1. List of Subcontractors per 2-3.2. 2. List of Materials per 4-1.4. 3. Certifications per 4-1.5. 4. Construction Schedule per 6-1. 5. Confined Space Entry Program per 7-10.4.4. 6. Concrete mix designs per 201-1.1. 7. Asphalt concrete mix designs per 203-6.1. 8. Data, including, but not limited to, catalog sheets, manufacturer’s brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item. This information is required for irrigation systems, street lighting systems, and traffic signals, and may also be required for any product, manufactured item, or system. Revised 6/15/17 Contract No. 6013-19 Page 59 of 118 2-5.4 Record Drawings. The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required by Section 2-5.4 shall be included in the various bid items and no additional payment will be made therefore. 2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish all materials, equipment, tools, labor, and incidentals necessary to complete the Work. 2-7 SUBSURFACE DATA. All soil and test hole data, water table elevations, and soil analyses shown on the drawings or included in the Specifications apply only at the location of the test holes and to the depths indicated. Soil test reports for test holes which have been drilled are available for inspection at the office of the Engineer. Any additional subsurface exploration shall be done by Bidders or the Contractor at their own expense. The indicated elevation of the water table is that which existed on the date when test hole data was determined. It is the Contractor’s responsibility to determine and allow for the elevation of groundwater at the date of project construction. A difference in elevation between groundwater shown in soil boring logs and groundwater actually encountered during construction will not be considered as a basis for extra work. 2-8 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be provided by the Agency. Unless otherwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers. The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by §§ 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.2 Survey Service. The Contractor shall hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for establishing control, construction staking, "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 60 of 118 records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. 2-9.2.1 Submittal of Surveying Data. All surveying data submittals shall conform to the requirements of Section 2-5.3.3, “Submittals”, herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 215 mm by 280 mm (81/2” by 11”) paper. The field notes, calculations and supporting data shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labeled with name of the Surveyor, the party chief, the field crewmembers and the author of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared in conformance with the CALTRANS “Surveys Manual”. The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with §§ 8700 - 8805 of the State of California Business and Professions Code when the Surveyor performs any surveying that such map is required under §§ 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property corners and street centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer’s review and approval before submittal to the County Surveyor and before submittal to the County Recorder. 2-9.2.3 Payment for Survey. Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.2.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made. Payment for the replacement of disturbed monuments and the filing of records of survey and/or corner records, including filing fees, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made. 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 "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 61 of 118 absence of such report, the Contractor shall be responsible for any error in the grade of the finished work. Grades for underground conduits will be set at the surface of the ground. The Contractor shall transfer them to the bottom of the trench. 2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications. The Contractor shall promptly comply with instructions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless otherwise ordered by the Board. 2-10.1 Availability of Records. The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor’s or subcontractor’s possession pertaining to the work that the Engineer may request. 2-10.2 Audit and Inspection. Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor’s and its subcontractors’ performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor’s staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor’s ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Contractor shall notify the Engineer before noon of the working day before inspection is required. Work shall be done only in the presence of the Engineer, unless otherwise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized representatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with these specifications. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract. "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 62 of 118 SECTION 3 – CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the interests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes. 3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency. 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written Supplemental Agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are involved, shall provide for the Contractor’s signature indicating acceptance. 3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies from the Bid quantity by more than 50 percent, payment will be made per Section 3-2.2.2 or 3- 2.2.3 as appropriate. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per Section 3-2.4. 3-2.2.2 Increases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 63 of 118 3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement cannot be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as otherwise specified in Sections 3-2.2.2 and 3-2.2.3. 3.2.4.1 Schedule of Values. Prior to construction, Contractor shall provide a schedule of values for all lump sum bid items that shall be used for the purpose of progress payments. The prices shall be valid for the purpose of change orders to the project. 3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material cannot be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK. 3-3.1 General. New or unforeseen work will be classified as “extra work” when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. 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 "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 64 of 118 compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid. Nondirect labor costs, including superintendence, shall be considered part of the markup of Section 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, “Labor Surcharge and Equipment Rental Rates” published by CALTRANS, current at the time of the actual use of the tool or equipment. The right- of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer’s ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer. The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site. (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 "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 65 of 118 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 6/15/17 Contract No. 6013-19 Page 66 of 118 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the following Work site conditions (hereinafter called changed conditions), in writing, upon their discovery and before they are disturbed: 1. Subsurface or latent physical conditions differing materially from those represented in the Contract; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and 3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer determines that conditions are changed conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees. The Contractor’s failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor’s failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. “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 "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 67 of 118 understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City’s proposed final estimate in order for it to be further considered.” By: Title: Date: Company Name: The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the contractor to proceed with the work. Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Construction Manager 3. Deputy City Engineer, Construction Management & Inspection 4. City Engineer 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor’s report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor’s presentation of its report. The Contractor may appeal each level’s position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 68 of 118 All claims by the -Contractor shall be resolved in accordance with Public Contract Code section 9204, which is set forth below: 9204. (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section: (1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (B) “Public entity” shall not include the following: (i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. (v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority. (4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 69 of 118 what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. (2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute. (3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 70 of 118 (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. In addition, all claims by Contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 71 of 118 claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 72 of 118 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 6/15/17 Contract No. 6013-19 Page 73 of 118 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 "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 74 of 118 regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to purchase materials, fabricated products, or equipment from sources located more than 50 miles outside the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equipment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications. The Contractor shall forward reports required by the Engineer. No material or equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be done without proper inspection by the approved agent. Approval by said agent shall not relieve the Contractor of responsibility for complying with the Contract requirements. 4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory services within 50 miles of the geographical limits of the Agency. For private contracts, all costs of inspection at the source, including salaries and mileage costs, shall be paid by the permittee. 4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by the Engineer. Unless otherwise provided, all initial testing will be performed under the direction of the Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for testing, it will be stated in the Specifications. For private contracts, the testing expense shall be borne by the permittee. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor’s responsibility to renotify the Engineer when samples which are representative may be obtained. Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications, Technical Specification, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after 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. "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 75 of 118 Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifications and accept the manufacturer’s written certification that the materials to be supplied meet those requirements. Material test data may be required as part of the certification. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall determine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process, or equipment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the contract documents. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer’s findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this section. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. 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 "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 76 of 118 Regulations pertaining to weighing devices. A certificate of compliance shall be presented, prior to operation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator’s platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other operating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. 4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain-measuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exceed 12 months and following repairs, modification, or relocation of the equipment. Calibration certificates shall be provided when requested by the Engineer. 4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Modified Asphalts). In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the Agency and the Contractor will initiate an immediate and cooperative investigation. Test values of materials are results of the materials’ tests, as defined by these Specifications or by the special provisions, required to accept the Work. Credible evidence is process observations or test values gathered using industry accepted practices. A contradiction exists whenever test values or process observations of the same or similar materials are diverse enough such that the work acceptance or performance becomes suspect. The investigation shall allow access to all test results, procedures, and facilities relevant to the disputed work and consider all available information and, when necessary, gather new and additional information in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the cooperative investigation concluded. Whenever the cooperative investigation is unable to reach resolution, the investigation may then either conclude without resolution or continue by written notification of one party to the other requesting the implementation of a resolution process by committee. The continuance of the investigation shall be contingent upon recipient’s agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledgement, the investigation shall conclude without resolution. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notification. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a continuance of the cooperative investigation and will re-consider all available information and if necessary gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using standard engineering principles and practices and to ensure public value, the 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 "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 77 of 118 their findings. The final resolution of the committee shall be by majority opinion, in writing, stamped and signed. Should the final resolution not be unanimous, the dissenter may attach a written, stamped, and signed minority opinion. Once started, the resolution process by committee shall continue to full conclusion unless: 1. Within 7 days of the formation of the committee, the Agency and the Contractor reach an acceptable resolution mechanism; or 2. Within 14 days of the formation of the committee, the initiating party withdraws its written notification and agrees to bear all investigative related costs thus far incurred; or 3. At any point by the mutual agreement of the Agency and the Contractor. Unless otherwise agreed, the Contractor shall bear and maintain a record for all the investigative costs until resolution. Should the investigation discover assignable causes for the contradiction, the assignable party, the Agency or the Contractor, shall bear all costs associated with the investigation. Should assignable causes for the contradiction extended to both parties, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation substantiate a contradiction without assignable cause, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation be unable to substantiate a contradiction, the initiator of the investigation shall bear all investigative costs. All claim notification requirements of the contract pertaining to the contradiction shall be suspended until the investigation is concluded. 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in Section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency’s boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor’s responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 78 of 118 SECTION 5 – UTILITIES 5-1 LOCATION. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the Contractor shall assume that every property parcel will be served by a service connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor shall contact the regional notification center (Underground Service Alert of Southern California) and obtain an inquiry identification number. The California Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The Contractor shall contact it for location of its subsurface installations. The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-2 PROTECTION. The Contractor shall not interrupt the service function or disturb the support of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless otherwise provided, furnish and place the necessary protection at its expense. Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located as noted in Section 5-1. When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense: 1. Furnish and install a 2 inch cushion of expansion joint material or other similar resilient material; or 2. Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular space between the concrete and the utility; or 3. Provide other acceptable means to prevent embedment in or bonding to the concrete. "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 79 of 118 Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic protection system is exposed or damaged by the Contractor’s operations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the integrity of the system. 5-3 REMOVAL. Unless otherwise specified, the Contractor shall remove all interfering portions of utilities shown on the Plans or indicated in the Bid documents as “abandoned” or “to be abandoned in place”. Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. 5-4 RELOCATION. When feasible, the owners responsible for utilities within the area affected by the Work will complete their necessary installations, relocations, repairs, or replacements before commencement of work by the Contractor. When the Plans or Specifications indicate that a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor, except for manhole frame and cover sets to be brought to grade. Utilities which are relocated in order to avoid interference shall be protected in their position and the cost of such protection shall be included in the Bid for the items of work necessitating such relocation. After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with Section 3-2. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs. The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and property line, or between a meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid for in accordance with provisions of Section 3-3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The Agency will not be involved in any such agreement. In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer’s approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor’s convenience and no additional compensation will be allowed therefore or for additional work, materials or delay associated with "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 80 of 118 the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. 5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocation of utilities. Said notification shall be included as a part of the construction schedule required in Section 6-1. The Contractor shall notify the Engineer in writing of any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with Section 5-1. The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing work correctly shown on the Plans. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities. If the Contractor sustains loss due to delays attributable to interferences, relocations, or alterations not covered by Section 5-1, which could not have been avoided by the judicious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of the Contractor’s actual loss as was unavoidable and the Contractor may be granted an extension of time. 5-6 COOPERATION. When necessary, the Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work. "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 81 of 118 SECTION 6 – PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within five (5) 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 Construction Schedule. After notification of award of the Contract and prior to start of any work, the Contractor shall submit its proposed construction schedule to the Engineer for approval. The construction schedule shall be in the form of a tabulation, chart, or graph and shall be in sufficient detail to show chronological relationship of all activities of the Work. These include, but are not limited to: estimated starting and completion dates of various activities, submission of submittals per 2-5.3, procurement of materials and scheduling of equipment. Then construction schedule shall incorporate the requirements of 5-5 and reflect completion of the Work within the specified Contract time and in conformance with the Contract Documents. If the Contractor desires to make a major change in the method of operations after commencing construction, or if the schedule fails to reflect the actual progress, the Contractor shall submit to the Engineer a revised construction schedule in advance of beginning revised operations. 6-1.2 Commencement of the Work. Unless otherwise specified in the Special Provisions, the Contract time shall commence upon the date of issuance of the Notice to Proceed. The Work shall start within five (5) days thereafter and be diligently prosecuted to completion within the Contract time. 6-1.2.10 Engineer’s Review. The Construction Schedule is subject to the review of the Engineer. The Engineer’s determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Contractor to obtain the Engineer’s determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions within thirty (30) working days after the date of the preconstruction meeting shall be grounds for termination of the contract per Section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days. The Engineer will review and return to the Contractor, with any comments, the Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per Sections 6-1.2.10.3 "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 82 of 118 6-1.3.6 Bar Chart. Each monthly update will include a bar 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 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. "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 83 of 118 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 of Construction Schedule. The Contractor’s preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefore. 6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and to restore street and other work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall diligently prosecute the Work to completion. If the Engineer determines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as described herein shall be included in the Contractor’s Bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps. As soon as possible under the provisions of the Specifications, the Contractor shall backfill all excavations and restore to usefulness all improvements existing prior to the start of the Work. If Work is suspended through no fault of the Agency, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension, the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability. 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. 6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project Meetings. The Contractor’s Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under Section 7-6, “The Contractor’s Representative”. No separate payment for attendance of the 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 "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 84 of 118 the area of discovery and shall not continue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as directed by the Engineer. Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with the provisions of Section 6-6. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency’s interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. The Contract may be canceled by the Board without liability for damage, when in the Board’s opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board’s consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor’s place in all respects for that part, and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the 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. "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 85 of 118 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 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 "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 86 of 118 days. The Contractor shall diligently prosecute the work to completion within fifty (50) working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. A working day is any day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1. Saturday, 2. Sunday, 3. any day designated as a holiday by the Agency, 4. any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor association, 5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1, 6. any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-6.1. Unless superseded by the above paragraph or the approved Traffic Control Plan, the hours of work shall be between the hours of 8:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work. The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule required by Section 6.1. No additional payment, adjustment of bid prices or adjustment of contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section. Work designated to occur along Levante Street between Galleon Way and Morada Street must be performed during a School Break. It is the Contractor’s responsibility to verify the latest official school schedule from the respective school district. 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 "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 87 of 118 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, as adjusted in accordance with Section 6- 6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of one thousand five hundred dollars ($1,500) Such sum is liquidated damages and shall not be construed as a penalty and may be deducted from payments due the Contractor if such delay occurs. Execution of the Contract shall constitute agreement by the Agency and Contractor that one thousand five hundred dollars ($1,500) 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 operations or negligence. The Contractor will not be required to reclean such portions of the improvement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials. In the event the Agency exercises its right to place into service and utilize all or part of any completed facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 88 of 118 SECTION 7 – RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR’S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. In accordance with the Labor Code, the Board has on file and will publish a schedule of prevailing wage rates for the types of work to be done under the Contract. The Contractor shall not pay less than these rates. Each worker shall be paid subsistence and travel as required by the collective bargaining agreement on file with the State of California Department of Industrial Relations. The Contractor’s attention is directed to Section 1776 of the Labor Code which imposes responsibility upon the Contractor for the maintenance, certification, and availability for inspection of such records for all persons employed by the Contractor or Subcontractor in connection with the project. The Contractor shall agree through the Contract to comply with this Section and the remaining provisions of the Labor Code. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the Public Works Contract. The cost of this insurance shall be included in the Contractor’s Bid. 7-4 WORKERS’ COMPENSATION INSURANCE. Before execution of the Contract by the Board, the Contractor shall file with the Engineer the following signed certification: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” 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’ "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 89 of 118 Compensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execution of the Contract. The Agency, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph. All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carlsbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefore. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overload, blasting, and demolition. For private contracts, the Contractor shall obtain all permits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-5.2 Relations with the Railroad. 7-5.2.1 General. The Contractor shall cooperate with the North County Transit District (NCTD), the Burlington Northern and Santa Fe Railway (BNSF) and the National Railway Passenger Corporation (AMTRAK), herein after collectively referred to as Railroad. It is understood the Railroad shall have absolute authority and right to cause the Contractor’s work on the Railroad Property to cease. 7-5.2.2 Right of Entry Permit. It shall be the responsibility of the Contractor to obtain a “Right of Entry” Permit from the North County Transit District Board, (The Board), prior to the commencement of any work. All fees and costs associated with obtaining and complying with the terms of this permit, including but not limited to engineering review, submittal review, railway flaggers and construction inspection, shall be the responsibility of the Contractor, and no other payment will be allowed, except as specified herein. All fees and costs associated with obtaining and complying with the terms of the Right of Entry permit shall be the responsibility of the Contractor. Contractor may be required to make a deposit to NCTD. The deposit to NCTD will be required prior to the issuance of the Right of Entry permit. Any portion of the deposit remaining after acceptance of the contract by the City will be returned to the Contractor. Payment to the Contractor for all costs associated with obtaining and complying with the Right of Entry permit shall be considered as included in various items of work and no additional compensation will be allowed therefore. The Contractor after receipt of the Right of Entry Permit approved by the Board shall furnish the Engineer with two copies of the executed "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 90 of 118 Right of Entry permit. 7-5.2.3 Railroad Requirements. The Contractor shall notify NCTD in writing at least ten (10) working days prior to commencement of work on Railroad Right of Way at: North County Transit District 810 Mission Avenue Oceanside, CA 92504 760-966-6504 760-754-9403 FAX The details of construction, including proposed method of setup to perform the work shall be submitted to the railroad for approval and shall not be undertaken without approval and shall not be undertaken until approval by the Railroad is given. All persons entering into the railroad right of way will be required to attend a preconstruction Railroad Safety Training course conducted by NCTD. No additional compensation to Contractor will be allowed for attendance at a Railroad Safety Training course. 7-5.2.4 Requirements for use of Railway Flaggers. Railway Flaggers may be required on this Project. The presence of equipment, materials, or manpower will not be allowed within 25 feet of the centerline of any track without the presence of Railway Flaggers. The Contractor shall be responsible for coordination with NCTD to schedule Railway Flaggers. Costs for Railway Flaggers shall be the responsibility of the Contractor. 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 "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 91 of 118 or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall furnish and operate a self- loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor’s Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. Failure of the Contractor to comply with the Engineer’s cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup 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. "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 92 of 118 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit Number CAS000002, Waste Discharge Requirements (WDR’s) for Discharges of Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. 7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic concrete, or other acceptable material will be permitted when necessary. Such dams shall be removed from the site as soon as their use is no longer necessary. "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 93 of 118 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavement, structures, etc.) which are damaged or removed as a result of its operations. When a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated shall be done in conformance with 307-1.5. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor’s operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor’s operations shall cause no unnecessary inconvenience. The access rights of the public shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided. Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; service stations and motels; hospitals; police and fire stations; and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless otherwise approved by the Engineer. Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian crossings of the Work at intervals not exceeding 90 m (300 feet), shall be maintained unless otherwise approved by the Engineer. Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. If backfill has been completed to the extent that safe access may be provided, and the street is opened to local traffic, the Contractor shall immediately clear the street and driveways and provide and maintain access. "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 94 of 118 The Contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services. Grading operations, roadway excavation and fill construction shall be conducted by the Contractor in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is completed, the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic. Unless otherwise authorized, work shall be performed in only one-half the roadway at one time. One half shall be kept open and unobstructed until the opposite side is ready for use. If one-half a street only is being improved, the other half shall be conditioned and maintained as a detour. The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City’s contracted waste disposal company, Coast Waste Management at 929-9417. During overlay operations, the Contractors schedule for overlay application shall be designated to provide residents and business owners whose streets are to be overlaid sufficient paved parking within an 800 foot distance from their homes or businesses. Seventy-two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor’s permanent office or field office and the other number shall be a 24-hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 lb. card stock. The printing on the notice shall be no smaller than 12 point. 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. "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 95 of 118 The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. The contractor shall replace all street markings and striping damaged by construction activities. The Contractor shall include in its Bid all costs for the above requirements. 7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways for more than 5 days after unloading. All materials or equipment not installed or used in construction within 5 days after unloading shall be stored elsewhere by the Contractor at its expense unless authorized additional storage time. Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 5 days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless otherwise permitted. After placing backfill, all excess material shall be removed immediately from the site. 7-10.3 Street Closures, Detours, Barricades. The Contractor shall comply with all applicable State, County, and City requirements for closure of streets. The Contractor shall provide barriers, guards, lights, signs, temporary bridges, flagpersons, and watchpersons. The Contractor shall be responsible for compliance with additional public safety requirements which may arise. The Contractor shall furnish and install signs and warning devices and promptly remove them upon completion of the Work. After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following: 1. Carlsbad Fire Department Dispatch ................................................. 760-931-2197 2. Carlsbad Police Department Dispatch ............................................. 760-931-2197 3. Carlsbad Traffic Signals Maintenance .............................................. 760-602-2730 4. Carlsbad Traffic Signals Operations................................................. 760-602-2730 5. North County Transit District ............................................................ 760-967-2828 6. Republic Services ............................................................................ 760-332-6464 The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer’s written approval prior to deviating from the requirements of 1) through, and including, 6) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. The Contractor shall secure approval, in advance, from authorities concerned for the use of any bridges proposed by it for public use. Temporary bridges shall be clearly posted as to load limit, with signs and posting conforming to current requirements covering “signs” as set forth in the Traffic Manual published by the California Department of Transportation. This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required. All costs involved shall be included in the Bid. "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 96 of 118 Traffic controls shall be in accordance with the plans, The California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and these provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of Section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of Section 214-5.1.et seq. All temporary reflective channelizers shall conform to the provisions of Section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of Section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to Section 210-1.6 for materials and Section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in Section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS “Standard Specifications”, except the sleeves shall be 7” long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any Section closed to public traffic. Whenever the Contractor’s vehicles or equipment are parked on the shoulder within 6’ of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 25’ intervals to a point not less than 25’ past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A W20-1 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer. 7-10.3.2 Maintaining Traffic. The Contractor’s personnel shall maintain a safe buffer distance from any traffic lane occupied by traffic. The Contractor’s equipment shall maintain a safe distance from any traffic or pedestrians. During the entire project, a minimum of 1 paved traffic lane, not less than 12’ wide, shall be open "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 97 of 118 for use by public traffic in each direction of travel. If this is not possible, the Contractor shall submit a traffic control plan to the Engineer for review and approval prior to implementation. 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and provisions under "Maintaining Traffic" elsewhere in these Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until the Contractor has submitted its plan to the Engineer and has received the Engineer's written approval of said plan. 7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the minimum standards specified in the California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) published by CALTRANS. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed by grinding. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed. 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. the Contractor shall have new traffic control plans (TCP) prepared and submitted as a part of the Work for any and all construction activities that are located within the traveled way. The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 98 of 118 Contractor must submit the TCP for the Engineer’s review in conformance with the requirements of Section 2-5.3, et seq. and obtain the Engineer’s approval of the TCP prior to implementing them. The minimum 20-day review period specified in Section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer’s review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the traveled surface differs from the finished pavement elevation vertical curves must also be shown. Such modifications, supplements and/or new design of TCP shall meet the requirements of the Engineer and the California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) as published by CALTRANS. Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California. The Engineer shall be the sole judge of the suitability and quality of any such modifications, supplements, and/or new designs to TCP. The Engineer may approve any such modifications, supplements, and/or new designs to the TCP when, in the Engineer’s sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the registered professional engineer retained by the Contractor will be beneficial to the best interests of the Agency. Such modification, addition, supplement, and/or new design shall not be implemented and no work shall be commenced that is contingent on such approval until the changed TCP are approved by the Engineer. The preparation of such modification, addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of Section 2-5.3 Shop Drawings and Submittals. 7-10.3.7 Payment. The Contractor shall provide traffic control at the contract lump sum price bid. The contract lump sum price paid for "traffic control" shall include full compensation for furnishing all labor (including flagging costs), materials (including signs), tools, equipment and incidentals, and for doing all the work involved in preparation, reproduction and changing of traffic control plans, placing, applying traffic stripes and pavement markers with bituminous adhesive, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the plans and approved additions and modifications, as specified in these supplemental provisions, and as directed by the Engineer. All expenses and time to prepare and review modifications, additions, supplements and/or new TCP designs shall be included in the lump sum bid for traffic control and no additional payment will be made therefor. Flagging costs will be paid for as a part of the Lump Sum Amount for "Traffic Control." The cost of labor and material for portable concrete barriers will be paid for at the unit price bid. When there is no bid item the cost of labor and material for portable concrete barriers they will be paid as an incidental to the work being performed and no additional payment will be made therefor. Progress payments for "Traffic Control" will be based on the percentage of the improvement work completed. The Contractor shall prepare and implement traffic control plans and shall furnish all labor and materials to perform, install, maintain, replace and remove all traffic control. 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 "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 99 of 118 by the State Division of Industrial Safety. The Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations. Before excavating any trench 5 feet or more in depth, the Contractor shall submit a detailed plan to the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for the workers’ protection from the hazard of caving ground during the excavation of such trench. If the plan varies from the shoring system standards, the plan shall be prepared by a registered Civil Engineer. No excavation shall start until the Engineer has accepted the plan and the Contractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the Engineer. Payment for performing all work necessary to provide safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation safety are provided, or required by law. 7-10.4.2 Use of Explosives. Explosives may be used only when authorized in writing by the Engineer, or as otherwise stated in the Specifications. Explosives shall be handled, used, and stored in accordance with all applicable regulations. The Engineer’s approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasting operations. 7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous substances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions. 7-10.4.4 Confined Spaces. (a) Confined Space Entry Program. The Contractor shall be responsible for implementing, administering and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157 and 5158, Title 8, CCR. Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and contain procedures for safe entry into confined spaces, including, but not limited to the following: 1. Training of personnel 2. Purging and cleaning the space of materials and residue 3. Potential isolation and control of energy and material inflow 4. Controlled access to the space 5. Atmospheric testing of the space 6. Ventilation of the space 7. Special hazards consideration "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 100 of 118 8. Personal protective equipment 9. Rescue plan provisions The Contractor’s submittal shall include the names of its personnel, including subcontractor personnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. (b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Section 5157, Title 8, CCR may be required as a part of the Work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit- required confined spaces until the pre-entry procedures demonstrate otherwise. The Contractor shall implement a permit space program prior to performing any work in a permit-required confined space. A copy of the permit shall be available at all times for review by Contractor and Agency personnel at the Work site. (c) Payment. Payment for implementing, administering, and providing all equipment and personnel to perform the CSEP shall be included in the bid items for which the CSEP is required. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall indemnify and hold the Agency harmless from any legal action that may be brought for infringement of patents. 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer’s approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and National laws and County and Municipal ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations. Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 101 of 118 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.” "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 102 of 118 SECTION 8 – FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL. A facility for agency personnel is not required. "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 103 of 118 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 "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 104 of 118 has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material. Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act under which such contract was awarded. Whenever any portion of the Work is performed by the Agency at the Contractor’s request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or becoming due from the Agency. Whenever immediate action is required to prevent injury, death, or property damage, and 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 "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 105 of 118 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 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, 5 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 "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 106 of 118 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 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 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 their expense. "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 107 of 118 Mobilization (Stipulated Lump Sum) Mobilization shall be at the stipulated contract unit price per Lump Sum and shall include full compensation for conforming to the requirements of Section 9-3.4.1, “Mobilization and Preparatory Work,” in these Supplemental Provisions, as specified in the Standard Specifications, and as directed by the Engineer. No additional compensation shall be allowed. Traffic Control and Public Notification (Lump Sum) The contract unit price paid for this bid item shall constitute full compensation for all traffic control, traffic control plans, and public notification letters and door hangers in accordance with the specifications and contract documents (refer to Section 7-10.3). This includes, but is not limited to, preparation and reproduction of traffic control plans, implementing traffic control, signing, striping, flagging operations, arrow boards, resident notification letters, door hangers, and “NO PARKING” signs. Prepare Water Pollution Control Program (Lump Sum) Preparation of the Water Pollution Control Program documents shall be at the contract unit price Lump Sum and shall include full compensation for conforming to the requirements of Section 7- 8.6. No additional compensation shall be allowed. Temporary Drainage Inlet Protection (Lump Sum) Temporary Drainage Inlet Protection shall be at the contract unit price Lump Sum and shall include full compensation for conforming to the requirements of Section 7-8.6 and Section 7-8.7. This includes, but is not limited to, to the construction, maintenance, and removal of temporary drainage inlet protection at drainage inlets as required downstream of the project boundaries and within the project limits. No additional compensation shall be allowed. Field Professional Surveying (Lump Sum) The contract unit price paid for this bid item shall constitute full compensation for all surveying required to complete the project including all construction staking Standard Specifications, and Special/ Supplemental Provisions (also refer to requirements of Section 2-9). No additional compensation shall be allowed. Remove and Replace Curb & Gutter per SDRSD G-2 (Linear Feet) The contract unit price paid for this bid item shall constitute full compensation to remove and replace Type G-2 PCC Curb and Gutter per San Diego Regional Standard Drawing G-2 in accordance with the specifications and contract documents. This includes, but is not limited to, protection of adjacent public and private improvements and/or facilities, demolition, saw cutting, removals, disposal, surveying, excavation, forming, backfill, aggregate base, compaction, and removing and replacing 12 inches of pavement adjacent to new curb and gutter. Remove and Replace Sidewalk per SDRSD G-7 (Square Feet) The contract unit price paid for this bid item shall constitute full compensation to remove and replace Type G-7 PCC sidewalk per San Diego Regional Standard Drawing G-7 in accordance with the specifications and contract documents. Under no circumstances shall the finished cross- slope be greater than 2.0% (including construction tolerance); if the finished cross-slope is greater than 2.0%, the Contractor will be responsible to remove, replace, and reconstruct the sidewalk within these specifications at no cost to the City. This includes, but is not limited to, protection of adjacent public and private improvements and/or facilities, demolition, removals, disposal, surveying, excavation, forming, backfill, aggregate base, compaction, saw cutting, and removing and replacing pavement adjacent to new concrete where necessary. "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 108 of 118 Remove and Replace Driveway Approach per SDRSD G-14 (Square Feet) As modified by Section 303-5.1.1 with "5-1/2" thickness, the contract unit price paid for this bid item shall constitute full compensation to remove and replace Type G-14 PCC driveway approach per San Diego Regional Standard Drawings G-14A, G14B, G-14C, G14D and/or Carlsbad Engineering Standards GS-12 in accordance with the specifications and contract documents. This includes, but is not limited to, protection of adjacent public and private improvements and/or facilities, demolition, removals, disposal, surveying, excavation, forming, backfill, aggregate base, compaction, saw cutting, trench plates, and removing and replacing 12 inches of pavement adjacent to new driveway approach. Remove and Replace Cross Gutter/ Spandrel per SDRSD G-12 (Square Feet) The contract unit price paid for this bid item shall constitute full compensation to remove and replace PCC cross gutter and spandrel per San Diego Regional Standard Drawings G-12 and/or Carlsbad Engineering Standards GS-9 and GS-10 in accordance with the specifications and contract documents. This includes, but is not limited to, protection of adjacent public and private improvements and/or facilities, demolition, removals, disposal, surveying, excavation, forming, backfill, aggregate base, compaction, saw cutting, trench plates, and removing and replacing 12 inches of pavement adjacent to new concrete. Remove and Replace 3” PVC under Sidewalk Drainpipe per SDRSD D-27 (Each) The contract unit price paid for this bid item shall constitute full compensation to remove and replace existing sidewalk underdrain pipe with a new sidewalk underdrain per San Diego Regional Standard Drawings D-27 in accordance with the specifications and contract documents (also refer to detail in Appendix for one location). This includes, but is not limited to, protection of adjacent public and private improvements and/or facilities, demolition, removals, disposal, surveying, excavation, forming, backfill, aggregate base, compaction, saw cutting, trench plates, and removing and replacing 12 inches of pavement adjacent to sidewalk underdrain pipe/s. Remove and Replace Catch Basin (12” x 18” Brooks Box) (Each) The contract unit price paid for this bid item shall constitute full compensation to remove and replace existing curb outlet with a new catch basin in accordance with the specifications and contract documents detail in Appendix. This includes, but is not limited to, protection of adjacent public and private improvements and/ or facilities, demolition, removals, disposal, surveying, excavation, forming, backfill, aggregate base, compaction, saw cutting, trench plates, PVC pipe connections, rock (3/4” to 1” assumed 1’ depth), and any other known or unknown improvement identified or not in the detail provided in the Appendix. Install and Compact Crushed Aggregate Base (Tons) The contract unit price paid for this bid item shall constitute full compensation to install and compact crushed aggregate base as directed by the City’s representative. This price shall include removal and disposal of unwanted and unsuitable material and include cutting and removing roots as directed by the City. All work shall be in accordance with the city standards, specifications and contract documents. Remove and Replace Curb Ramp per SDRSD (Each) The contract unit price paid for this bid item shall constitute full compensation to remove and replace PCC curb ramp with truncated domes per Caltrans Standard Drawings A88A in accordance with the specifications and contract documents. This includes, but is not limited to, protection of adjacent public and private improvements and/or facilities, demolition, removals, disposal, surveying, excavation, forming, backfill, aggregate base, compaction, saw cutting, trench plates, and removing and replacing 12 inches of pavement adjacent to new curb ramp. "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 109 of 118 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 200 - ROCK MATERIALS 200-2 UNTREATED BASE MATERIALS 200-2.1 General. Add the following: Aggregate base shall be Crushed Aggregate Base per Greenbook Section 200-2 and as specified herein. 200-2.2 Crushed Aggregate Base. Add the following: Crushed 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. The aggregate shall not be treated with lime, cement or other chemical material before tests are performed. Samples for testing shall represent every 500 cubic yards or one day's production, whichever is smaller. If the results of the aggregate grading tests do not meet the requirements for Percentage Passing Sieve as specified in Table 200-2.2.2, but meet the Quality Requirements as specified in Table 200-2.2.3, placement of the aggregate base may be continued for the remainder of that day. However, another day's work may not be started until test results indicate to the satisfaction of the Engineer that the next material to be used in the work will comply with the requirements specified for Percentage Passing Sieve. If the results of both the aggregate grading and Sand Equivalent tests do not meet the requirements of Section 200-2.2, the aggregate base which is represented by these tests shall be removed. However, if requested by the Contractor, and approved at the sole discretion of the Engineer, the aggregate base may remain in place and the Contractor shall pay to the City $50 per cubic yard for such aggregate base left in place. The City may deduct this amount from any moneys due, or that may be come due, to the Contractor under the contract. SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE TABLE 201-1.1.2 Modify as follows: "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 110 of 118 TABLE 201-1.1.2 PORTLAND CEMENT CONCRETE Type of Construction Concrete Maximum Class Slump mm (Inches) All Concrete Used Within the Right-of-Way 330-C-23 (560-C-3250) (1) (2) Trench Backfill Slurry 115-E-3 (190-E-400) 200 (8”) Street Light Foundations and Survey Monuments 330-C-23 (560-C-3250) 100 (4”) Traffic Signal Foundations 350-C-27 (590-C-3750) 100 (4”) Concreted-Rock Erosion Protection 310-C-17 (520-C-2500P) per Table 300-11.3.1 (1) Except that concrete required to be of higher strength by Table 201-1.1.2 SSPWC shall be as per Table 201-1.1.2 SSPWC. (2) As per Table 201-1.1.2 SSPWC. (3) Portions of Table 201-1.1.2 of the Standard Specifications for Public Works Construction not shown herein as changed are not affected by this table. 201-4 CONCRETE CURING MATERIALS 201-4.1 Membrane Curing Compounds. Unless otherwise directed by the Engineer, contractor shall use curing compound Type 1-D – Clear or translucent with fugitive dye for all concrete work, as specified in this section of the SSPWC. SECTION 203 - BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE. 203-6.1 General. Add the following: Asphalt Concrete (AC) shall be Type III-C3-PG 64-10-R0. No recycled asphalt pavement (RAP) shall be used in the AC mix used for patching. 203-6.3 Job Mix Formula (JMF) and Mix Designs. Add the following: Asphalt Concrete (AC) shall be Type III-C3-PG 64-10-R0 for both base course and surface course; both of which with Warm Mix Asphalt (WMA) additive technology optional. No reclaimed asphalt pavement (RAP) is allowed in the AC mix. If any RAP amount is used in any portion of asphalt concrete for any part of the project, that part will be rejected, and the contractor will be required to remove and replace that section at its own cost. If the use of WMA additive is desired, the WMA additive used must be on the Caltrans Authorized Material List for WMA authorized technologies in effect as of the date of advertisement of the contract, https://mets.dot.ca.gov/aml/WarmMixAsphaltTechnologiesList2.php?print=yes. Only additive technologies are acceptable. No foaming or water injection technology shall be used. A technical representative for the WMA additive technology must attend the Preconstruction Meeting should WMA be used by the Contractor. Revised 6/15/17 Contract No. 6013-19 Page 111 of 118 203-6.4.4 Composition and Grading. Add the following: Evaluation of asphalt concrete shall be determined from samples of final asphalt concrete material. In addition to evaluation of the final asphalt material, samples of aggregate, RAP, and asphalt binder will be taken for testing. In case of dispute between the contractor and the Agency, the Engineer has the authority to request core samples for analysis from the placed asphalt concrete for any of the acceptance criteria, at the locations determined by the Engineer. All samples shall be taken in accordance with California Test 125, and the following table: Sampling Location Asphalt Concrete • Trucks, or • Mat behind the paver Aggregate • Cold feed belts, or • Hot bins prior to addition of asphalt binder Asphalt Binder • Asphalt binder supplier, or • Storage tanks at the plant during production When behind the paver or core samples of asphalt concrete are to be used for evaluation, sufficient size samples shall be taken to ensure representative and adequate quantity of material for the required testing. When using core samples, the samples must be properly prepared to safeguard against influx of outside contaminates and so that the cut surfaces do not influence the test results. Materials sampling and testing of the asphalt concrete shall be on a lot basis. A Lot shall be defined as the amount of pavement placed in 1 day. A Sub-Lot shall be defined as 500 tons. Should the amount of pavement placed in 1 day be less than 500 tons, the Sub-Lot and Lot shall be one and the same. Each Lot shall be from a single source unless otherwise approved by the Engineer. The samples and testing results shall be representative of their entire sample sub-lot. 203-6.8 Storage. Replace existing section with the following: Storage of asphalt concrete shall not be allowed. 203-10 NOT USED "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 112 of 118 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 301 - TREATED SOIL, SUBGRADE PREPARATION AND PLACEMENT OF BASE MATERIALS 301-1 SUBGRADE PREPARATION. 301-1.2 Preparation of Subgrade. Modify the second and third paragraphs as follows: Change each instance reading “150mm (6 inches)” to “300 mm (12”)”. 301-1.3 Relative Compaction. Delete the first paragraph and substitute the following: The Contractor shall compact the upper 300 mm (12”) of subgrade beneath areas to be paved, have base or subbase material placed on them, or curb, gutter, curb and gutter, alley pavement, driveway or sidewalk constructed over them to no less than 95 percent maximum dry density as determined by ASTM test D-1557-91. 301-1.7 Payment. Modify the first paragraph as follows: Payment for subgrade preparation shall be included in the contract bid price for which the subgrade is prepared and shall include all labor, materials; including water, operations and equipment to scarify, adjust moisture, compact or recompact the subgrade, both in cut areas and in fill areas, and no further compensation will be allowed. SECTION 302 - ROADWAY SURFACING Public Convenience and Traffic Control. The Contractor shall schedule the work so as to prevent damage by all traffic. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling Coast Waste Management at (760) 929-9400. At least two weeks prior to work, Contractor shall send, by first class mail, notification letters to all property addresses within 500’ of the work. Obtaining the appropriate addresses shall be the contractor’s responsibility. A sample letter is attached, and Contractor shall input the appropriate street names, dates, times, and phone numbers specific to the work inserted in the letter. Contractor shall obtain the City’s approval prior to mailing letters. "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 113 of 118 (Name of Contractor) (Address of Contractor) (Contractor’s License Number) (Date) Dear Business: In an effort to better maintain your street we are planning to improve the concrete curb and gutter and or sidewalk. This will improve the appearance and lengthen the life of the surrounding concrete. This work will necessitate the partial closing of your street to traffic for one or more days. Traffic control devices (cones and signs) will allow for through traffic only. On street parking is prohibited within the work zone. Note: Access to your business or home will be maintained at all times. One out of two driveways may be closed at a time. If you have only one driveway then only half will be closed at a time. Scheduled day and time of application is: SUN MON TUES WED THUR FRI SAT It is requested that you refrain from watering lawns, washing cars, ect. during the curing period as running water will damage the new surface. We have scheduled our operations so that all streets will be unrestricted to traffic as soon as possible except when unexpected weather conditions necessitate a longer curing period. The curing time is dependent upon weather. If you need special accommodations or have additional concerns, please contact the Construction Management & Inspection division at 760-602-2780. Thank you for your cooperation. "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 114 of 118 During operations, the Contractor’s schedule for resurfacing shall be designed to provide residents and business owners sufficient paved parking within an 800 foot distance from their homes or businesses. Seventy two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The Contractor shall deliver the notification which 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 a representative of the Contractor 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 door hangers, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 lb. card stock. The printing on the notice shall be no smaller than 12 point. The precut notices shall designate the the day of the week and appropriate information specific to the work inserted at the locations indicated in the italicized font. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for Traffic Control and Public Notification, and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. 302-5 ASPHALT CONCRETE PAVEMENT. 302-5.1 General. Add the following: The Contractor shall treat all vegetation within the limits of the paved area to receive asphalt concrete paving in accordance with the City’s Integrated Pest Management (IPM) plan. The document can be found on the City’s website. Allowance for the vegetation treatment period shall be shown in the schedule required per section 6-1. Add the following: 302-5.2 Pavement Transitions. The Contractor shall ramp the approaches and termini to all structures and vertical joints in the cold-milled area which are transverse to through traffic with temporary asphalt concrete pavement as specified in section 306-13.1. Ramps shall be constructed the same day as cold milling and removed the same day as permanent paving. Ramp dimensions and compaction shall be as approved by the Engineer. 302-5.4 Tack Coat. Add the following: The Contractor shall place a tack coat between the successive interfaces of existing pavement and new asphalt concrete. "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 115 of 118 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION. 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS. 303-5.1.1 General. Add the following: All concrete improvements shall be installed per the City of Carlsbad Standards, San Diego Regional Standards, and Caltrans Standards. For curb ramps, if there exists sufficient space, Caltrans Std. A88A Case A or Case D shall be installed. If there is insufficient space, as determined by the Engineer, then Case B or Case C shall be installed appropriately. At the discretion of the City Inspector, concrete replacement shall include the removal of unwanted material beneath the existing concrete, and placement and compaction (95%) of Class 2 aggregate base, unless deemed unnecessary by the City. The cost of the installation of aggregate base and all associated work shall be included in the bid price for the aggregate base. Concrete replacement adjacent to asphalt concrete pavement shall include the sawcut and removal of 12” width of AC and base to a depth sufficient for forming the new concrete pour. The Contractor shall backfill the “slot” adjacent to the new concrete and place a minimum of temporary asphalt concrete within 72 hours of pouring the new concrete. The Contractor shall complete permanent asphalt concrete slot paving adjacent to the new concrete within 5 days of pouring the new concrete. The permanent AC slot paving shall be equal in thickness to the existing AC pavement. The Contractor shall remove all construction materials and debris from the area of work at the end of each working day. Traffic plates or trench plates shall be used over new concrete cross gutters and driveway approaches unless deemed unnecessary by the Engineer. At the Engineer’s discretion, high early strength concrete may be substituted for traffic plates. The cost of traffic plates or high early strength concrete shall be included in the bid price for the concrete work and no extra payment will be made therefor. Sawcutting of concrete and asphalt concrete at joints and construction limits and the removal and disposal of asphalt concrete, base material, slot patch, and concrete shall be included in the unit price bid for the concrete improvements. Contractor shall protect existing utility structures prior to and during construction of concrete improvements. Contractor shall protect existing improvements including, but not limited to: water services, irrigation systems, meter boxes, mailboxes, curb drains, walkways, pavers, plants, trees, shrubs, fences etc. Contractor shall be responsible for the replacement of improvements damaged during construction. The Contractor shall replace damaged improvements within 72 hours. Contractor shall protect and relocate meter boxes as required by the Engineer. Contractor shall install meter boxes per City of Carlsbad standards. No extra payment will be made for relocating meter boxes. Contractor shall replace survey pins that were removed or damaged during construction to their original location. No extra payment will be made for replacing survey pins. "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 116 of 118 Contractor shall adhere to all relevant stormwater regulations and implement best management practices for the project site. All material removed from the site shall be disposed of at the Contractor’s expense at a site approved by the City. The Contractor shall attempt to have the materials recycled. Where tree roots are present and damaging or uplifting the existing concrete, the Contractor shall cut and remove the roots. All pavement, root and other material removal shall conform to Section 300-1 of the SSPWC and to these special provisions. Contractor shall dispose of organic debris, including tree root cuttings. Payment for root removal shall be included in the unit price bid for the improvement and no additional payment will be made therefor. Root pruning or cutting shall be supervised by the project arborist or designated City representative. No root cutting may occur unless the arborist or City representative is present. At the direction of the arborist, roots over one inch (1”) in diameter may be cleanly cut at the edge of the existing curb and gutter prior to any excavation. The arborist may determine that some roots may not be cut. In the event that a root may not be cut, the Contractor will pour over the root in place. The roots shall be cut with a root-cutter equal to a depth of 12 inches below the surface of pavement. The method of root pruning shall be reviewed and approved by the City arborist. All damage to trees shall be reported promptly to the arborist for appropriate treatment. All concrete or pavement removals shall be made along a saw cut or a weakened plane joint. All sawcutting for monolithic concrete to be included in the bid price. No additional payments will be made therefore. The extent of the pavement removals will be marked in the field by the Project Inspector. Payment for the concrete removals, including asphalt concrete removals necessary to form new concrete, and all material disposal shall be considered included in the unit price bid for the concrete improvement. No additional compensation will be made therefore. The removal and replacement of asphalt concrete in the roadway necessary to form concrete will be included in the unit price bid for the concrete improvement. Appropriate measures shall be taken by the Contractor to ensure that work zones are as safe as possible to both vehicular and pedestrian traffic. Work will be scheduled so that the time that the work area remains open is as minimal as possible. All work areas shall be poured back prior to the weekend. All of the Contractor obligations mentioned in this section and other sections of this document shall be considered as paid for as part of the unit price bid for the concrete improvement. No additional payment will be made therefor. 303-5.5.2 Curb. Add the following: The Contractor shall stamp the curb face with 75 mm (3”) high block letters directly above the point that it is crossed by underground facilities with the marking specified in Table 303-5.5.2(A) "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 117 of 118 TABLE 303-5.5.2(A) Curb Face Markings Type of underground facilities Marking Water Service Lateral W Sewer Service Lateral S Irrigation Water Lateral or Sleeve RW 303-5.5.4 Gutter. Add the following: When requested by the Engineer, the Contractor shall perform flow tests on all gutters, cross gutters, and spandrels to ensure proper flow with no ponding of water. The cost of flow tests shall be included in the bid prices for the concrete replacement and no extra payment will be made for flow tests. 303-5.9 Measurement and Payment. Add the following: Curb or gutter shall not be considered as continuing across driveways, spandrels, and access ramps when constructed adjacent thereto. The curb or gutter adjacent to driveways, spandrels, and access ramps shall be included in the unit bid price for the driveway, spandrel, or access ramp. Neither curb nor gutter will be paid for across the length of local depressions, except that which occurs in gutter transitions at each side of an inlet. The cost of flow tests shall be included in the bid prices for the concrete replacement and no extra payment will be made for flow tests. All of the Contractor obligations mentioned in this section and other sections of this document shall be considered as paid for as part of the unit price bid for the concrete improvement. No additional payment will be made therefor. "~ \_. Revised 6/15/17 Contract No. 6013-19 Page 118 of 118 APPENDIX A Standard Drawings and Project Locations "~ \_. ORIGINAL UPDATED UPDATED 1/2" R . ,..._ 6" w :z :::::; CD a:: :::, (.) 2" WEAKENED PLANE JOINT 1" R •: .. \ .. . . . ... •••• ··..!_ .; . . (/) :z 0 ~ G'.; w .....J (/) w 3: w a:: a:: w w :r: :r: 1-3:: 0 I-w a.. !<i: ~~ X 0 w ~ . N :z -...... 3:: ~ 0 I ::c ~ (/) I . <D . k TYPE w *AREA G 24" 1.34 SQ. FT. H 30" 1.60 SQ FT. • 6" CURB HEIGHT NOTES: 1. CONCRETE SHALL BE 520-C-2500. 2. SEE STANDARD DRAWINGS G-9 AND G-10 FOR JOINT DETAILS. 3. SLOPE TOP OF CURB 2% MAX TOWARD GUTTER. LEGEND ON PLANS ~ KERCHEVAL 12/75 SAN DIEGO REGIONAL STANDARD DRAWING I RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITlt:E T. STANTON 03/03 T. STANTON 04/06 CURB AND GUTTER -COMBINED I ' .,ll}"1:lit,.l,,J M/;'5/;'0'4 MRI MR/CV 11/11 I CV I CV 12/15 RAWING UMBER G-02 VARIES 1/2" R ,--y r----__ / I ~ / I L___ I -------_J 1/2" R I WIDTH AS SHOWN ON PLANS 4" -2% MM CROSS-SLOPE ~~·---------- 2" WEAKENED PLANE JOINT · NON-CONTIGUOUS WIDTH AS SHOWN ON PLANS 4" -2% MAX CROSS-SLOPE ,, -7P..~··~:~·~ ~ ---- ----;.:~. / W/""' j 2· WEAKENED r --- - _ _j ~ PLANE JOINT · I t L___ I -------_J CONTIGUOUS NOTES: 1/2" R 1/2" R 1. CONCRETE SHALL BE 52O-C-25O0. LEGEND ON PLANS 2. SEE STANDARD DRAWINGS G-9 AND G-1O FOR JOINT DETAILS. Note: Under no circumstances shall the finished cross-slope be greater than 2.0% (including construction tolerance). ORIGINAL KERCHEVAL I 12/75 SAN DIEGO REGIONAL STANDARD DRAWING ADD METRIC I IT. STANTON 03/03 T. STANTON 04/06 SIDEWALK -TYPICAL SECTIONS UPDATED MR MR/CV 11/11 REVIEWED CV CV 12/15 _.;lJ.;::;]-"~ ~r,-;..;..·:.-~ .. RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE DRAWING NUMBER 10/25/2018' G-07 MID POINT OF CURB RETURN ~P.C.R. 2 .:,· . ,, .. ,. '· ~-T .. v .-· ___ ··.: .... •.,· 15' TYP. rfts]_,.c.R ... •-to+---- (.·· 1--i+---- ~ NOTES: i.. I ·., I I 5' TYP:1 45' TYP. -. _l_ I I 1-·. I I I .0 , I f 7 1. EXPANSION JOINTS - - -AT CURB RETURNS, ADJACENT TO STRUCTURES AND AT 45' INTERVALS. (SEE STANDARD DRAWING G-1 O). 2. WEAKENED PLANE JOINTS------AT MID POINT OF CURB RETURN, WHEN REQUIED, AND AT 15' INTERVALS FROM P.C.R. {SEE STANDARD DRAWING G-1O). 3. 1/4" GROOVES ---WITH 1/4" RADIUS EDGES AT 5' INTERVALS. Revision B A roved Dote ORIGINAL KERCHE.VAL 12/75 T. STANTON 03/03 T. STANTON 04/06 RE.VIEWED I CV I CV 12/15 SAN DIEGO REGIONAL STANDARD DRAWING SIDEWALK JOINT LOCATION S RECOMMENDED BY lHE SAN DIEGO REGIONAL STANDARDS COMMITTEE 10 '25. '2018 Choi DRAWING NUMBER G-09 ORIGINAL ADD METRIC EFORMATTEI ~ -_f' &_R. RADIUS I \ \ '----._ f /;(TYP.) ' I \ "-..___ 1/ I \ " ---._ : _f.C.R._RADIUS ---:::::.~ --------------------///1 __.,. / I I // I I I \ "-'/// ... ~ I \ "-1/.,.-:.:/ A ~ I \ ~-~:-i.·-·i-:-. ~-~-+---r,--_J J; ~;;;;;:;;;;;~~~ : . : ,. . I .. ··: ,·.·: ... :::::::---I --~ -•. -., •:• / I I / · 1 / 5 --J. ~"I-._ a.: I .. -~ !~:·!·::":•. ... •, ... >_:" ...... ,:. A PLAN _,: ::-..~· ::.-~.:: •·. ----- CONTACT JOINTS PER STANDARD DRAWING G-10 WHEN SEPARATE POURS ARE MADE 10' UNLESS OTHERWISE I SHOWN ON PLAN 1.5% I 1.5% I 1/2" R TYP. NOTES: 1. CONCRETE SHALL BE 560-C-3250. 2. ---------= WEAKENED PLANE JOINTS. 3. --= TYPICAL FLOWLINES. 4. o = ELEVATIONS TO BE SHOWN ON PLANS. 5. RETURN SEGMENTS TO BE 7" THICK. ~ \__ BASE MATERIAL AS SHOWN ON PLANS SECTION A-A 6. CURB BETWEEN P.C.R.S SHALL BE CONSIDERED AS PART OF THE CROSS GUTTER. 7. IN ALL CASES SUBGRADE SHALL BE COMPACTED TO 95% MIN. RELATIVE COMPACTION TO DEPTH OF 12". LEGEND ON PLANS ~ Approved I Date KERCHEVAL ( 12/75 T. STANTON ( Q3/03 T. STANTON ( 04/06 SAN DIEGO REGIONAL STANDARD DRAWING CROSS GUTTER RECOMMENDED BY lHE SAN DIEGO REGIONAL STANDARDS COMMITTEE 10/25/2018 UPDATED I CV MR/CV ( 11/11 DRAWING NUMBER G-12 REVIEWED I CV CV 12/15 R/W --------- . ~-J.. ~ • "::i: . , ., . -·~· -':.:t ·. N .·. ·•, .~l , . · .. · ~I I\\\ .. , . ·.cU~B °Ll~E -~ 3'-0" 3•-0· PLAN DRIVEWAY CURB OPENING l r I ~ DRIVEWAY WIDTH ' I SHOWN ON PLANS 2: 1 TRANSITION ... . ~ • _J z-ci::·· .31~ . 0' st-• V). BOTTOM OF CURB ELEVATION 12" R (TYP.) R/W I EXPANSION JOINT SEE NOTE 5 rEDGE OF SIDEWALK 2% RISE MAX 'm'' I~ 5-1/2" RESIDENTIAL]•:. ·,; '· ,, .. ; I~ - 7-1/2" COMMERCIAL SECTION Note: Under no circumstances shall the finished cross-slope be greater than 2.0% (including construction tolerance). NOTES: 1· ~ ,:GUTTER .. .. 1/2 R 1. NO CONCRETE SHALL BE PLACED UNTIL FORMS AND SUBGRADE ARE INSPECTED BY THE AGENCY. 2. FOR RESIDENTIAL USE, CONCRETE SHALL BE 52O-C-25O0; FOR COMMERCIAL USE, CONCRETE SHALL BE 56O-C-3250. 3. SEE STANDARD DRAWINGS G-15 AND G-16 FOR WIDTH AND LOCATION REQUIREMENTS. 4. DRIVEWAY RAMP TO EXTEND 1 O' FROM CURB FACE OR TO PROPERTY LINE WHICHEVER IS LESS. 5. PLACE EXPANSION JOINT AT RIGHT-OF-WAY OR 1 O' WHICHEVER IS LESS. 6. SEE STANDARD DRAWINGS G-2 AND G-10 FOR CURB AND JOINT DETAILS. 7. DIMENSIONS SHOWN REFLECT A 6" CURB HEIGHT. Revision By Approved Date I I RECOMMENDED BY lHE SAN DIEGO 4/97 I SAN DIEGO REGIONAL STANDARD DRAWING REGIONAL STANDARDS COMMITTEE ORIGINAL R. MUNOZ ADD METRIC T. STANTON 03/03 I .... ./ r~(A,i,J 10/25/201a REVIEWED T, STANTON 04/06 CONCRETE DRIVEWAY -TYPE A UPDATED MR MR/CV 02/12 (CONTIGUOUS SIDEWALK) I DRAWING G-14A UPDATED CV CV 12/15 NUMBER 2: 1 TRANSITION 1--"':, -I ~---. ---___ I ___ . ~ ~ ~ .C\I >-~a:- in I~~ <(-....., a.. -~1 ~ .. ~ -~ r--(0 m • (0 ,. •. I. . in .. ~ .J ~ ~-::le w •. Q 'It" (/) CURB LINE I r ( ( 1 1 C: o"EPRESSED t c□R§ _:;;:,! 1 , , ~ 1 3'-0" 3•-0· PLAN DRIVEWAY CURB OPENING r I•~ BOTTOM OF CURB DRIVEWAY WIDTH I SHOWN ON PLANS ~" ELEVATION 12" R (TYP) R/W I rEDGE OF SIDEWALK EXPANSION JOINT SEE NOTE 5 ~, 2x7rse~ 5-1/2" RESIDENTIAL:;.-.: .. •.,;.·.-.,·:.,!~-- 7-1/2" COMMERCIAL SECTION NOTES: 1• ABOVE ~ 1/2" Ry:.r:, .. 1. NO CONCRETE SHALL BE PLACED UNTIL FORMS AND SUBGRADE ARE INSPECTED BY THE AGENCY. 2. FOR RESIDENTIAL USE, CONCRETE SHALL BE 520-C-2500; FOR COMMERCIAL USE, CONCRETE SHALL BE 560-C-3250. 3. SEE STANDARD DRAWINGS G-15 AND G-16 FOR WIDTH AND LOCATION REQUIREMENTS. 4. DRIVEWAY RAMP TO EXTEND TO 1 O' FROM CURB FACE OR TO PROPERTY LINE WHICHEVER IS LESS. 5. PLACE EXPANSION JOINT AT RIGHT -OF-WAY OR 1 O', WHICHEVER IS LESS. 6. SEE STANDARD DRAWINGS G-2 AND G-1O FOR CURB AND JOINT DETAILS. 7. DIMENSIONS SHOWN REFLECT A 6" CURB HEIGHT. ORIGINAL I iR. MUNOZ 4/97 1 SAN DIEGO REGIONAL STANDARD DRAWIN G RECOMMENDED BY THE SAN DIEGO I REGIONAL STANDARDS COMMIITTE T. STANTON 03/03 T. STANTON 04/06 CONCRETE DRIVEWAY 1 · -!'n:lit-,r-J ,,,,.,,,."', UPDATED l MR MR/CV 02/12 (NON-CONTIGUOUS SIDEWALK) I UPDATED I CV CV 12/15 RAWING UMBER G-14B NON-CONTIGUOUS z ~ ;i. ~IDEW~~~ :, .. ~ 1· . : . ~ . ·•·. ~ .. •• C'<I . R/W -r-..:: : . . ~-t. · ..... :· ~ . ·.. . . . ~ . . . N .. . .• •. .. · ... ·. . . 2: 1 TRANSITION z I·.•. ~1 •. , .. -;-. T-C~-~Tl?U~~-S :SID-~ALK . / ... ~1 . .· . ~ ID •• ~ ·. . I!) °' .. : . . . . . .. ·. ; -~-.. · .. :.·. . : -.: . c~u-R~s ~c=iN~t I . rf · r · I. . ! c o~PRtsst~ cDR@?.'F ) · t \ l . . 'I 3'-0" 3'-0" PLAN DRIVEWAY CURB OPENING j ;~ BOTTOM OF CURB DRIVEWAY WIDTH I SHOWN ON PLANS I ~;x - ELEVATION 12" R (TYP) EXPANSION JOINT SEE NOTE 5 R/W I I r EDGE OF SIDEWALK 2% MAX RISE I _:__'•~-;.: ..... ·:•-ir."'!" r;- SECTION Note: Under no circumstances shall the finished cross-slope be greater than 2.0% (including construction tolerance). NOTES: 1" ABOVE GUTTER ~ l_ .. .. 1/2 R 1. NO CONCRETE SHALL BE PLACED UNTIL FORMS AND SUBGRADE ARE INSPECTED BY THE AGENCY. 2. CONCRETE SHALL BE 52O-C-25OO. 3. SEE STANDARD DRAWINGS G-15 AND G-16 FOR WIDTH AND LOCATION REQUIREMENTS. 4. DRIVEWAY RAMP TO EXTEND 1 O' FROM FACE OF CURB OR TO PROPERTY LINE WHICHEVER IS LESS. 5. PLACE EXPANSION JOINT AT RIGHT-OF-WAY OR 1 O', WHICHEVER IS LESS. 6. SEE STANDARD DRAWINGS G-2 AND G-10 FOR CURB AND JOINT DETAILS. 7. DIMENSIONS SHOWN REFLECT A 6" CURB HEIGHT. Revision ORIGINAL ADD METRIC :EFORMATTEI UPDATED UPDATED IR. MUNOZl4/97 T. STANTON I D3/03 T. STANTON I 04/06 MRI MR/CV 102/12 CV I CV 12/15 SAN DIEGO REGIONAL STANDARD DRAWING RESIDENTIAL CONCRETE DRIVEWAY (PARKWAY LESS THAN 10' IN DEPTH) RECOMMENDED BY lHE SAN DIEGO REGIONAL STANDARDS COMMlmE ChaiJ DRAWING NUMBER 10/25/201/lj G-1 4C R/W -- CURB LINE z • :.ii , -=.t. ----~ ~ ~ ...J < ::::E· · 1 :12 ~-~ Cl· N in MONOLITHIC CURB IF ---------- . -~-: . : ::::E ~ N . . .. --Ut_t-'~r-_:,,:,,t_u CURB- ,,,,--GUTTER_/ ,,. ~ --- : .. .. X < 1: 12 · . ::::E -~ ' -:~ · .. \ \ 12" WIDE BORDER WITH 1 / 4" GROOVES APPROX. 3/4" O.C. DRIVEWAY CURB OPENING l(SEE TABI.£ A)I SHOWN ON PlANS 1 (SEE TABl.E "1 __1_ I I~ -==,--= I I t Y . I_ DRIV~AY WIDTH _l Y BOTTOM OF CURB ELEVATION R/,W MONOLITHIC CURB IF SPECIFIED OR REQUIRED 5-1/2" RESIDENTIAL 7-1/2" COMMERCIAL EDGE OF SIDEWALK NOTES: EDGE OF SIDEWALK SECTION X CURB HEIGHT ,· 2· 3• 4• s· 6" 7" a· TABLE A y RAMP LENGTH o·-o· 1·-0· 2'-o· 3•-0· 4'-0" s·-o· 6'-0" 7'-0" 1" ABOVE GUTTER ~ J_ .. . 1/ R 1. NO CONCRETE SHALL BE PLACED UNTIL FORMS AND SUBGRADE ARE INSPECTED BY THE AGENCY. 2. FOR RESIDENTIAL USE, CONCRETE SHALL BE 520-C-2500; FOR COMMERCIAL USE, CONCRETE SHALL BE 560-C-3250. 3. SEE STANDARD DRAWINGS G-15 AND G-16 FOR WIDTH AND LOCATION REQUIREMENTS. 4. SEE STANDARD DRAWINGS G-2 AND G-10 FOR CURB AND JOINT DETAILS. 5. PLACE EXPANSION JOINT AT RIGHT-OF-WAY. 6. DIMENSIONS SHOWN REFLECT A 6" CURB HEIGHT. 7. RAMP LENGTH CALCULATIONS ARE BASED ON X-1" TO ACCOUNT FOR THE 1" DRIVEWAY LIP. Revision ORIGINAL I HH IT. STANTON I 02/03 ADD METRIC T. STANTON I 03/03 REVIEWED T. STANTON 104/06 UPDATED I MR MR/CV 102/12 UPDATED I CV CV 12/15 SAN DIEGO REGIONAL STANDARD DRAWING CONCRETE DRIVEWAY (FOR CONFINED RIGHT-OF-WAY) RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE DRAWING NUMBER 10/25/2013 G-14D TAPERED DOWN CURB FACE UNLESS JOINING ONSITE CURB DRIVEWAY WIDTH (24' MINIMUM)* l I ! I 6" , . P.C.C. .,,/J,_\J. CURB ~-~ 10' (TYP) -----.-... --.,R/:&WE~KENE·D•+~E /DiN(,-~;::--:--j'-,._= 1 =_.= .. ~,, .. . • . . ~ .. :~,; .· j ..• ·GUTTER. 'LINE : • ".,, :.;·· -L 2: 1 TRANSITION :. 4 •. -~ 4 . -':-4 4 ·• '<' .. · ·• ------------ SIDEWALK WIDTH VARIES 4' MIN TYPICAL PLAN SEE NOTE 4 (TYP) u' 1/2" RADIUS _[ 1' ABOVE ~ ... •.~·r-.. \ 1/2' R 0::: ww t-z t--::::::, -' c.., 10' (Typ 4' MIN -2% MAX CENTERLINE CROSS-SECTION VARIES SEE NOTE 5 ~SLOPE PER PLAN 1. * OR AS REQUIRED BY THE AGENCY. 2. • = ELEVATION SHOWN ON PLANS (TOP OF CURB, AND GUTTER ELEVATION) 3. ALL CONCRETE SHALL BE 560-C-3250 4. TRANSITION FROM FULL HEIGHT CURB TO NO CURB. 6FT TRANSITION FOR 5FT WIDE SIDEWALK AND BFT TRANSITION FOR 6FT WIDE SIDEWALK. 5. PAVEMENT STRUCTURAL SECTION SHALL BE SHOWN ON PLANS. 6. SEE G-2 AND G-10 FOR CURB AND JOINT DETAILS. 7. BASE MATERIAL AS SHOWN ON PLAN S. Revision NEW I MRI MR/CV j09/11; UPDATED ICV CV 112/15 SAN DIEGO REGIONAL STANDARD DRAWING CONCRETE DRIVEWAY ( ALLEY TYPE ) RECOMt.lENDED BY lHE SAN DIEGO REGIONAL STANDARDS C0Mt.11T1£E DRAWING NUMBER T0/25/20181 G-14E ··~1~ . N ~ ·. · .. · .. CURB LINE R/W . ~1 . ·. ~. · .. . 0) • t") .··-~-1~ ·':-_ . .· ~/• . . N·~ ~ ~ . . ,.(. . . . ' . . . . ~ . .. ~ . . ,";Y,. . . ~~ -~ ·. ; .. ·. -~~~ ""j . . ~ . . . . ·.·. ~ . i-) .·.~. . • . " . I \ . 0) · .. L j 3' 3' PLAN DRIVEWAY CURB OPENING I DRIVEWAY WIDTH • J SHOWN ON PLANS MATCH WING TRANSITION ::.::: ~~ ·O ~-(/) BOTTOM OF CURB- R/W ELEVATION 12" R (TYP) I I EXPANSION JOINT ----..._ I I ------2% RISE MAX SEE NOTE 5 "-. t r , SIDEWALK ·~"-~ 5-1/2" RESIDENTIAL_j M,•\,X°',.,._ 2% MAx-·· '-.""' 7-1/2" COMMERCIAL 9. SECTION ,· ~ ABi.GUTTER .. .. 1/2 ~ Note: Under no circumstances shall the finished cross-slope be greater than 2.0% (including construction tolerance). NOTES: 1. NO CONCRETE SHALL BE PLACED UNTIL FORMS AND SUBGRADE ARE INSPECTED BY AGENCY. 2. FOR RESIDENTIAL USE, CONCRETE SHALL BE 520-C-2500; FOR COMMERCIAL USE, CONCRETE SHALL BE 560-C-3250. 3. SEE STANDARD DRAWINGS G-15 AND G-16 FOR WIDTH AND LOCATION REQUIREMENTS. 4. DRIVEWAY RAMP TO EXTEND TO 10' FROM CURB FACE OR TO RIGHT-OF-WAY, WHICHEVER IS LESS. 5. PLACE EXPANSION JOINT AT RIGHT-OF-WAY OR 10', WHICHEVER IS LESS. 6. SEE STANDARD DRAWINGS G-2 AND G-10 FOR CURB AND JOINT DETAILS. 7. DIMENSIONS SHOWN REFLECT A 6" CURB HEIGHT. Revision B A roved Dote NEW MR MR/CV 02/12 UPDATED 1cv1 CV 112/1s1 SAN DIEGO REGIONAL STANDARD DRAWING CONCRETE DRIVEWAY -TYPE B (CONTIGUOUS SIDEWALK) RECOMl.lENDED BY 1HE SAN DIEGO REGIONAL STANDARDS COMMITTEE DRAWING NUMBER 10/26/2018 G-14F U1 --.J SIDEWALK ~ CASE A 6., Mtn HIGH RETAINING CURB 10 4) ----~~~---- 1 ~I . I I SIDEWALK :E NOTE 10 SlOEWALK FRONT EDGE OF 6" Min HIGH RETAINING CURB 1 \ , I SIDEWALK \ 4 j ~ \ === 9.0X Mox A ~-SEE AT CURB NOTE 10 1.SY. CASE B SIDEWALK SIDEWALK ll;{i "dx I l•l" =-ji I Ii CASE F RETAINING CURB (BOTH SIDES OF RAMP) 4) RETAINING C~B IF NECESSARY AT EDGE Of SIDEWALK· 1.5X Mox -J:> CASE C SIDEWALK CURB TO MATCH RAMP SLOPE ·SEE NOTE 10 .- TOP Of RAMP SJOEWALK ·9.0X Mox AT CURB o.◄5" Min AND 0.◄7" Mox TOP Dial.._____), 0,9" Min ANO Q,92" Mox I C""]"" BASE Dia ~I ~j ~00 Z.3" Min ANO 2,◄" Mox~~ ~ 0 CENTER TO CENTER SPACING O O 0 l(liatj C(Uoltl' RECl~~CINEUI August 1, 2022 PLANS Af>f>ROYAL o.-TE I (NC sr• rr or CAL!rOIIII/IA °' ,n DFf"ICUS OIi MCNTS ~t IIDr llC /1£SN111Sta.C FOIi fNC MXUUCY Of caft.Clf'/1,CSS (T SCAMIE1J «Jl'IES or fN/1 !'UK $/f/C£f, RAISED TRUNCATED DOME PATTERN (IN-LINE) DETECTABLE WARNING SURFACE NOTES: See Note 10 1• :~r ·b1;n';~~~~~~o1l~t:rm~1~ :o tr~~h -~=~ ?n ci5'!i'ofi0~p~nd modet~ I u:~ The coae of curb rompa used l n Deta 11 A do not hove to be the eame. Coae A ~~cy1ro.,~o5:ic~o~~~F~~m~c~~~~ :ffe ~~?;lo~t c~~11~L~i~0i'~~1~; i~• conform to existing aldewolk, aee Project Plona. 2. If dletonce from curb to bock of aldewolk le too ahort to oc;;commodote romp ?~gi~~;~wr~min(l~g:~nB) ;• c9~~~ ~-:i:.n:~ o:lt•i~~emi~ be depreeeed 3. When romp la located In center of curb return, croaewolk configuration must be elml lor to that shown for Oetall B. ◄. A8 site conditions dictate, the retaining curb aide and the flared aide of the Coee G ramp shall be constructed in reversed position. 5. T~t~"W~~loP~o~. the curt, romp la o typlcol rectangle, unleee modified 6. Side slope of romp floras vory unlforml::,-from o maximum of 9.0X at curt> to conform with tongitudlnol sidewalk slope adjacent to top of the romp, except In Cose C and Case F. 7. The adjacent eurfocea ot troneltlona at curb rompa ta walks, gutters, and streets ehol I be ot the some level. 8. Counter al°f.:' of adjoining gutter-a and rood eurfoces Immediately od~ocent to t~t=~t~nn ai~t:t!,1~f nc!r8e;~!!'d rf~t •~b~~lo::9e~~er,:_c, .. t::;nw~Jf~. IS.OX). I ~ SEE NOTE 8 n ____ -"~'P~ ", -1'-2" Min ~ 9. ~;~ri~rl~tf~:t~n ~~°C:r f~fg'~~gfp~rftAhBiA~r eoch 2'-0" of width to match CASED _) SIDEWALK CROSSWALK IF PROVIDED DETAIL A TYPICAL TWO-RAMP CORNER INSTALLATION See Note 1 CASE E 0 ~ I !!a WHERE A FLARED SIDE OCCURS PROVIDE 2' -0" Min Of CURB _)~~ :#' SIDEWALK __ .. WHERE A FLARED SIDE OCCURS PROVIDE 2'-0" Min Of CURB CROSSWALII. IF PROVlOEO DETAIL B TYPICAL ONE-RAMP CORNER INSTALLATION See Notes 1 ond 3 1.5X Mox 7 .5X Mox SECTION A-A 10. The detectable wornlng aurfoce will be o rectangle o• ehown ot bock of curb, unleH modified In the Project Plona. Curb romps eholl hove o detectable warning aurfoce that extends the ful I width and J'-0" depth of the romp. Detectable warnino aurfocea ahal I extend the full width of the romp except o maximum Jop of 1 Inch le allowed on eoch aide of the ram[;. OetectOble ~l~c~f,onC::.•• ahol I conform to the requlremente In the tondord 11. Sidewalk and romp thick.nan "T" • shal I be J!/z" minimum. 12, ~~r/:'~1 0~~1,!• ~nbho~~:p vwfilt~ o~'!'i~t~~he; ~~~U:feJ~Jl~t)~ -~~hi~the owner prior to, or In conjunction wfth, curb romp conetructlon. SECTION B-B 13. ~!~!o~~i,:o~~l~~of~fn'goc;;deef~o~e ~~n~g c~i'd/i ~o~~1~~vol of utility Depree& entire aldewalk 08 required -TYPICAL GUTTER PAN RETAINING CURB GUTTER IF NECESSARY FLOWLr%;~r -_________ -JP= I.SY.lloxf ,_f SEE NOTE 8 SECTION C-C APPLIES TO ALL CASES CURB____.._-_,,-.,----+-. .... .,..,.r..-1---~-+-- PAVEMENT__.-\ I J'-~Elyp I WA=~NC l 3•-~~JYP I NOTE 9 NOTE B NOTE 9 GUTTER PAN TRANSITION STATE Of' CALIFORNIA DEPARTMENT Of TRANSPORTATION CURB RAMP DETAILS NO SCALE A88A Return to Table of Contents II,) 0 II,) II,) "' -I ► z C ► :D C .,, r- ► z ► a, a, ► A--, SIDEWALK CUTS 8 PER G-11 -------l--Ii I-------- 6 1/2" MIN u,J z ::::J ~ u,J Cl... ~ Cl... u,J z ::::J a:, ct: => u -t F·, .: i ~ -'.---~ --·+> :··>\ 2 2 , _._ A.-J PLAN SECTION PIPE TO BE FINISHED FLUSH WITH CURB 6 .1,2• t' >.>'I"'"["" II / -----_l__ . ·d _·, •.·_.;,-i.• ... 1:3 ·•1 • : ,4 3-1/2" MIN u,J z ::::J a:, ct: => u . ~- B J GUTTER • N ........__ .... I ii ., .. 'd ~LZ-.4:,:n[, 4 ' .4 ~ I '-I •.4u.1:_ 4 •. C <t SECTION 8-8 APPROVED DRAIN PIPE SIZES PIPE SIZE CURB HEIGHT AT CURB FACE 3• 6" TO 8" 4• a· s· 10· NOTES 1. PIPE SHALL BE ONE CONTINUOUS LENGTH FROM PROPERlY LINE TO CURB LINE. 2. MULTIPLE PIPES TO BE SET A MINIMUM DISTANCE OF D/2 APART (3 MAX). 3. CONCRETE SHALL BE 520-C-2500. 4. PIPE SHALL BE CIRCULAR RIGID PLASTIC OR APPROVED EQUAL. 5. CORING OF EXISTING CURB MAY BE USED K3 AN ALTERNATIVE. .§_" lYP SECTION A-A u,J z ::::J u,J z ~ ::::J u,J a:, Cl... ct: ~ al_L -t N ~ ~2· DRAIN SHALL NOT BE CONSTRUCTED WITHIN THE HATCHED AREA BLOCK CORNER 6. PROVIDE 1 / 4 • TOOLED GROOVE IN TOP SLAB IN LINE WITH BACK OF ADJACENT CURB. Revision B A roved Dote SAN DIEGO REGIONAL STANDARD DRAWING ORIGINAL Kercheval 2 75 :eformatted T.Stanton 04/061 :dited S.S. T. Regella 03/11 :diled IT.R. T. Regello 10/151 SIDEWALK UNDERDRAIN PIPE :dited ~.WM. Widelski 10/181 RECOMMENDED BY lHE SAN DIEGO REGIONAL STANDARDS COMMITTEE DRAWING NUMBER 10/25/201/J D-27 1218 STEEL GRATES PARKWAY TRAFFIC 20 lbs. 24 lbs. 2~~~11/2" 11' 1218 STEEL COVER PARKWAY TRAFFIC 21 NOTES: 33 lbs. 39 lbs. .,,..-<.__ 11/2" -~141/2" r- 1. GRATES AND COVERS AVAILABLE PAINTED BLACK OR GALVANIZED 1218 TOP SECTION (WITH GALVANIZED FRAME) ~ SEE / .:5;RT ... -'i,,.j// . 22"~ ',; i /✓ /28" ~''<"-/ 1218 EXTENSION SECTION (NO FRAME) ") SEE ~ I I 18" / 12·~1~ ~RT ~ I 28" 22"~J~ 1218 LOWER SECTION (WITH OR WITHOUT FRAME) 2. "ADA" OR "HEEL PROOF" GRATES ARE NOT AVAILABLE FOR THIS SERIES 5" SEE CHART 3. A TOP SECTION WITH FRAME MUST BE USED IF BOLT DOWN REQUIRED ~ . : . . ~ ½! 1218 T12 LOWER SECTION 12" - 420 (2) 5" X 10" LBS KNOCK-OUT (1) 10" DIA. HOLE I <: 28" I I ✓ 22" ~.;>:✓~ 12" X 18" CATCH BASIN ORG. OWG. DATE REV. DWG. DATE 04-20-95 02-14-20 J&n11En· □ I ~ PRECAST EST. 1968 Q 3 BROOKS 1218 CB Install Contiguous Sidewalk (5-ft Width); SDRSD G-07 Install Sidewalk Underdrain Pipe; SDRSD D-27 R/W I I I I I I I I I I Install 12" x 18" Brooks Box; 3' Depth, Open Bottom, Orientation Parallel to Roadway Connect Existing (2) 4" /PVC Pipe to Brooks Box Gutter; SDRSD G-02 ~ , - - " ---Install Curb and Install (3) 3" PVC Pipes (1 % min. slope) r Fill Box 12" Below Lowest Invert Elevation (Assumed 1' Depth; Rock = 3/4" to 1 ") Remove Existing Concrete Structure, (if necessary) Detail: Catch Basin and Underdrain Outlet Not to Scale DETAILEO AOORESS LOCATION CURB & OUTT£R: CROSS OUTIEA I SPANDREL SIDEWALK DftlVEWAY APPROACH SIDEWALK DRAIN RIA WATER PEDESTRIAN METRBOX& COMMENTSJAODRESSES STREET SEGMENT STREET FROM TO TYPE 1.•HT ""'™ lENOTl< AREA SF ADA RAMPS ,..,,.. LE>Klll< ........ ..,,.. LfNOffl ...... ., LIO ' JEFFERSON STREET lAGUHAOft. KHO\M.f:S AVE. HO ' "' ,,. ' ,. ,,. 3 288,1, ~2. l&W. 2tW2, 260:2. 2f14 2 EFFEJtSOH STREET KHO,\o\.ESAVE. BUENA Pl .. 7 32 ,,. ' 21 "" ' 2588.251S ' JEFFERSOH STREET BUENA Pl BUENA VlS'TA Pl 0 ' ' ,. 2S1$ . JEFFERSON STREET BUENA\IISTAPl LAS FLORES OR 0 1 " 25l ' 37 , .. 2470. 2429, 2424, fol" 2464 and 24.311.-.-•Xlltrlg dfi,f,eyay ~ and --.n.d _tidit .... (IDbt-ti.d') ' JEFFERSON STREET ... lASFlORESOR ,. ' .. .,. ' ,. 100 1 ""'·"" . JEFFERSON STREET LAS FLORES Oft IAOUNAOII 70 . ,. ,.. ' .. ,.. • 2475, 2488, 253.S, ~I . 2801, 2e03. 2958 1 MADISON STREET LAGUNA OR. jGAANO AVENUE 1 .. ' "" ,,. 26315, 281Xl Grand A,,.. {lllnno Madhon Sl) ' HOME AVENUE JEFFERSON SlREET EAST ENO ... ' ., JOO ' " ,., . 25-, ~•~•tt.WAYUl'IAINSTRUC URE}-AHD2LOCATIONSC#SUlEWALK UNDER DRAIN PW'ES,2790 J,tff.,..,,. 6t. but •lotle ~ A.,. .• 1112. &74.890,882, , ............. 1, . HOPE AVENUE HOME AVENUE !GRANO AVENUE • ' " • ,. 100 -10 HOPE AVENUE ORANOAVENUE HOMEAVENU£ .., s ' " ,.,. 11 HAAOING IGRANO AVENUE jcAALSMO 'Vll..lAGf DftM. . " "' NII, 920 ~ Vllogt Orin ..... Hlordrq Sl 12 R006E.VE.LT STREET LAGUNA.OR. BEECH AVENUE ' 20 ,oo ' 2e21, :z&Sl, 2667 13 ROOSEVELT STREET 8EECl1 AVENUE CARLSBAD VL1.AGE ORM: 17 ' " ,.. 1 2747. 2m. 2e01. 2m . 2931 .. RC:OSEVELT STREET CMLS8A0 Viti.AGE ORNE 8E.ECH AVENUE " ' 10 so "'°·"" " STATE STREET CAALSBAO \/'Ill.AGE ORM. GRANO AVENUE ' " ,.. 291M, 2976, 202'2 " STATE STREET ORANO AVENUE BEECH AVENUE ' ,. 1,0 2118a,21!102.2780 17 STATE STREET BEECH AVENUE tc,ARLSBAOVl..L.JOt:DRN'E ,. ' ... ,,. 2flll8,2t71,2e30,2564 " STATE STREET k:AALSBAD \l'IUAGE ORM I..AGUMADRJ\/!' • " ,., 1 2f33. 2980, 2M3, 28(17, 2738, 27'i3, 21125, 2933 " EUREKA Pl.ACE lcHESTNUT AVUNE &ASSY«XX>AVENUE 20 " 20 200 ' " '" 1 3215. 3315e, 3334. 3218 20 SPANISH WAY k:HESTNUT AVENUE NOfl:TH END • " 7S 3-«l.~.3-455 " ~DWAY icHESTNUT AVENUE "°"™ENO • " ,,. ' ... 200 34112, 3480, 3'30. 3455, 1220 ~ •loniil Woodllnd Aw. " IOARAElO STREET FltNEAVENUE WALNUT AVENUE ' " ,.. • " .. "2315.324.5, 23 jGARF9ELOSTREET SAVCAMORE CHESTNUT AVENUE ' " ., ""' ,. jGAAFIELDSTREET CHESTNUT AVENUE MAPlE AVENUE ' " UIS -" jGARFIElOSTREET N:ACIA AVENUE fCHERRY AVENUE 21 ' 157 ,.. 3501!,, 3525. 356$, Y!iT1 ,. foAAFlELD STREET lcHERRY AVENUE j.,uNIPE#I AVENUE 5 20 100 ,... 27 IG,ARFlELDSTREET JUNIPER AVENUE HEMLOCK AVENUE ' 7 " 3707 ,. Jc,AAAElD STR E.ET REOINOOOAVENUE HEMLOCK AVENUE • .. ,.. ,...,, 3032 ,. joARAELO STREET IJuNJPER AVENUE v,cACiAAVEHUE ' » "' 1 .. ,., JIMll.365,,l,3IOll,ll580 JO GMIAELDSTREET .-GACIA AVENUE tcffESTNUT AVEHUE • " .. ,.n DETAI..ED AODREH LOCA110N CUM&OUTTER CROSS GUTTER I SPAHOREL SIOEWAlJC DM'EWAY .V'1tOACH SK>EWAI.KDAAIN RIRWATER P£DESTRIAN liETR90X& COMMENTSIADOR.ESSES STREET SEGMENT STREET FAOM TO nPt! LIi FT MOnt LEHGnt AREASF ADARA•s WIDnt LEHGnt AREASF Mlnt LEHGnt AREASF LI) " 0AAFlflO STREET jcHESllM' AVENUE I\YALNUT AVENUE " ' 15 , .. ""' " iGAAAELOSTREET jWALHllT AVE.HUE PfNEAVENIJE ' " ,,. ""' 33 icttNOUAPIN AVENUE IOAAFIELD STREET fASTENO .. ' " ,. ' " .. ' 240., 280. 218, 380. 305, 301, 2815 .. TAMARACI( AVEHUE jcMLSBAO 8lVO, IG,tJl:Fta.O STREET ,. ' ,. ., ,., ,. TAMARACK AVEHUE jGAAflflO 8T!ltEET fJEFFERSON STREET ' • " ,.. ,. TAMARACIC AVEHIJE jJ£F,ER30H STREET LINMAA I.AME ,. ,. ,.. . . " ., TAMARACK AVlHUE Hl&ISCUS Cllt. to,ARRE1.0SntEET • " .. "'·"' ,. EASTPOtN'TtAV(NIJE TAMARACK AVENUE PAU8ADES ORNE • 15 ,. ,_ ,. EAST F'OINTt AVENUE PALISHJES ORM NORTH ENO ,. " "' " DONNA ORM CARLSBAD VIL.LAGE DRIVE FALCON ORM .. " .. ... • " ,,. 3225, 3235,3245, 329S-31il(Cl'OH guh,) ., OOt,jNAORM FALCON ORM jCAR:lB8AOVl.l.AGEDRf\l'E . ., '" 3260,32«> ., NOBfflUORI\IE OOtlNAORIVE EASTEHO ' . " ,,.. ., MSTWOOODRM NORTH ENO FALCON ORM . ,. ., ,,.. .. i....'EsTWOOO DRIVE FALCON DRIVE MONROE STREET • ,o ., '"'" ., l'M.STWOOOORIVE BLE.NKARNEORl'IIE NORTH ENO ' ' " ,,.. .. TRUESOEU.1.ANE 81.ENKMNEORM EAST ENO 5 • " .... ., 81..ENKAANE DRIVE ~lWOOOORI\IE iW£S1v.ooDOfllVE • • " "" .. MONROE STREET BASSV.0:::,0 AVENUE p.RLSBAO \Ill.I.AGE ORIVE 30 • ., "' ' • " )180, l1C . 3180. lOIO .. MONROE STREET p,Rl.S8AOVIUJrGEDRM BASSWO:lO AVENUE • 5 " ' ,. ,. 301115, 3101, 3145, )155 50 jcHESTNUT AVENUE SIERRA MORENA !OXFORD STftEET • ,. " ~·~~- " NAPI.ES COURT AMES Pl.ACE EAST ENO ' ., ,., ,,,. " l,,t.ntEHS AVENUE -·= """"" ,. ,. "" ' INM-Ndion al YOR-N.'t: .... NIW " SHASTA Pl.ACE T18UIIOM A\l'EHUE jWEST ENO ,, .. .., lnwHc:tia,,alTtuDft .. EL CA.WNO REAL ICHESTHUT Al/f.NUE jCARL.sBAO W.LADE DRIVE . ,. "' .,_ .. El CAMINO REAL l<:MLSIAD \1U>,GE ORM jCHESTNl/T AVEHUE "' • .. "' .. _,., .. El CAMINO !\EAL HOOPW.Y jCARLS8AO IALLAGf ~IVE ., • ., "" .. -... 57 ELCAMIMOREAL(EASn ~l/ll..1..AGEORM ..,.....,., Cl • " 75 "'"""'"' .. ElCAAUNORE.Al. """""""°"" HOSP WAY " " ,., ' • ,., "' NIW and SIW IWf1I IECR ar,d ....,.°" Rd) .. EL CAMtNO REAL (EA.Sn ..,..., ..... """""""°"" • n .,, • ,. "' ' ""' ., EL CAMtNO REAL PlAZAORIVE W.RltOH~ " • " " I .. -... DETAl..fD AOORESS LOCATION CURii & GUTTEt CROSS GUTTER I SPANDREL StoEWAt.K DRIVEWAY APPROACH SIDeWAU< DRAIN RIRWAffR PEDESTRIAN MElRBOX& COMMENTS/ADDRESSES STREET SEGMENT STREET FROM TO rm, LOHT WIOTH L.ENOTH AREA SF --· Wl:)ffl LENGTH AREA SF WIOTH L.ENOTH ARE.AU LI) " EL CAMINO REAL (EAST) MARRON RQ,l\,O P\RADRIVE ., ' ,. 100 10 ., ... ...... _ " EL CAMINO REAL PI.AZADRIVE HAYMAAORM ' " 125 ··- " HAYMAROfl:M EL CAMINO REAL EAST END . 71 .,. NoAddr9» eestside .. THE CROSSfNG DA. SOUTH GOt.O COURSE ON'( M:IRTH GOlF COURSE. r:JNt ' ' ,. " THE CROSStNG Of!:. IK:lRTH GOLF COURSE ONY' GRAND PACIFIC OR ' ' ,..,_ ,. .. THE~ DR • GAANOPACIACOR LEGOlAHD OWY' ' ' " , __ ., THE ~OSSIHG Of!: LEGOI.AHDDM'f PAI.OMAR AIRPOfH ROAO ' ' --" --.. MANZMOOII ELAIUIOl l06R08LES ' .. "' .. PASEO DEL NORTE icNdiNO DE LAS ONDM SUNFl.OINERWAY ' " ,.. 141ocaboM(411Sj»nH)7onud!Mdl "' PASEOOElNORTE SUNFl.ONER WAY IGINGf.AAvt;NVE ' ,. 1,0 9~{,4JcSj»,...)3'MtlatldlonuU:1.lde 71 PASEOOElNOATE 00«3ER AVENUE POINSETllALANE ' .. , .. 14 bcemn$ (411'5 pene,lt) 9 M"St end 5 on HM uSe n f'OtNS~lAHE PASEO DEL NO«TE ._, BRIOO£ EAST ' 10 .. 2 ~S.SpMetJ 13 POfNSETTIA LANE 1-'.iMIOGEWEST iAVEMIM ENCINAS • ., 150 13 ... ,tboYnd~~ ,. "'"""""""' DR PaMSE'TTVI LANE !ALvssuM RD • 10 .. 2~penN " Is"""""""'°" ALYSSUM RO ROSEMA.RYA\/f. ' ,, "' ' 7W1. 7057.70'4,70«>.702e.702:2 (S0"7016 " 11/VST IALYSSUM RO ROSEMARYA\/f. • 7017 (SDJ. 7o.a (S~. 7044, 70J8 " " , T1 11/VST MAAGUERITI! lN ROSEMARYA\/f. • 10 ustMie-21ocetioM .. MsUwul lldll • 1 lx:al,o,a net, $0 ,. 11/VST RO&EMAAY A\l'E DAISY • 10 .. 1 " ALYSSVMRO SHAPOAAOONOR NUTMEG WAY • ,. , .. , 946,"42,912, 914, 7017Nume;.Sl08.917 .. PALOMAR NRPOfH RG't CN,IIMOW>AROBlE PRIVATE OIUVEWAY 10 ' .. T_pe,_ __ byelrM .. PALOMAR AJRPORT R0i't PRIV"TE DAMWAY lvAAROWDRM 70 • JOO !My~ (40'). ,..,.,..(S).stormdrein pe .... " CACATUA STREET EL FVERTe S~EET VHICOf!NIO STREET ,. ' 20 100 • '"' ... 2859, 285,l, 2&44. 2832, 2121. 2824, 2816, 2812 13 CACATUASTREET VNICORNIO STFIEET EL FUERTE STFIEET • ., .,. • ,. 120 2801.2811, 2837. 2843, 2845. 286.5,28233, 2837, 2843, 2149.2es.s .. UWICORNIO &TREET El F\JERTE S~EET PEAFIL Pt.AC£ " • ,o .. 2 • ' " 2922 (NfE end NJIN}-!'Mt! Pl and Uiieornio st. .. UWICOfU«'.> STREET P€ARI.Pl,lr,CE ic...c...TUASTREET ' ,. "' 2950. 2'108. 282412821 " VHICOfHOO STREET ~TUASTREET lcoRIHTIASTFIEET ,. 11 22 ,., 1 ' ,. 150 2~. 275G. 2752, " VtffCORNIOSTREET MOONSTOfilEPl. El FU~TE STREET • .. "' 2137.~ .. OR1NT1A STREET SOCOO<IOLN VHICORMOSTREET . 20 , .. '"' .. lea INT\A STREET UfrrltCORHIOSTIIEET l,u;,oOAO • " ,,. i,,,.., .... ., k~OIUNTIA STREET ~OARO,,.O UNICORHtOSTREET • ,. , .. 1631, 2740 DETAILEDADORESS LOCATION CUAS&GUTTER CROSS GUTTER I S-PAHDREL &IOEWAU< -·-SIDEWALK DIWN RIRWA,o-n P£D£Sll!IAN METR80X& COMMENTSIADORESSES STIIEET 6EGMENT Sll!EET FROM TO ,..,.. LINFT WIDTH WKITH .. .,.., AOARAMPS WIDTH WKITH ..... ., M>TH WIGTH ..... ., LI) " LA OOUNDRI"-' STitEET !cHN\IQUlLH lf-L PEltlCO LAHE . " ,. • 7 ,. I 2702,2532.2907 " ELPERtcOLANE LA OOUNOfl:INA STREET SOCCOOOlH ' • . " l508;2~0EIP.t,c,o&Socotto " f\.AMENCO 8TIIE£f LA OOUNOfUHA STlll:EET UNIX)fUIO STRE£f . • " " es:17,2fM1)e0"""'-1 E1~2r.,,..9"'-"-&La~ .. lAf'..-.u:'IMA ST • 2~oaGe¥11tn1uPa1tima.2,.,,..oE1~,1.aPlbm.2-..o La~,,.,_ .. LAVAHCOCT I 1'9"11$f- .. PASEO FRON1"EM, r,N,ESTRAO.t. ENO ' 10 "' ~ " PASEO fRONT£AA tylAEST~ l<MAWAV . ,. , .. I No.--Ox.t.W'IMld,.._F__,■ .. !xAHAWAY """ """"'° ~TM CR068 OUTTEJI • ,. , .. .. __ .. XANAWAY UNICORNIO STRE£f f/WCROSSGUTTER . .. ,.. .._ ,., XAHAWAY !CORTE~ SOUTH CROSS GUTTER . ,. , .. .. _ "' XANAWAY f'MEOFIIOtfTERO SOUTH CF!OSS GUTTER • ,. , .. .. __ "" XANAWAY CAMINO LIMERO SOUTH CRO$$ GUTTER . ,. , .. No-• ,., MELft06EORM UOHSHEAO AVENUE f'Al..OMAA NRPOlltT ROAD " • ,. TWO LOCATIONS OH THE WEST SIDE , .. MICA ROAD POtNSETTIA, lANE HAUTE"-'« • ,. '" 2466,1434, 23-U, 2409 , .. HAUTE PLACE NC>ftTH ENO -SOUTH EHO . • ,. .... , .. EL FUERTE POINSETTI.t. LAME IGREENHAVEN OR . " ,. ---- 107 EL FUERTE Gll:EENHAVENOR f'ACll'l:RIOGE • .. ,., .,_ ., __ , .. EL FUERTE f'ACIFliC RllGE BRESSI RANCH w,.-,y • .. ,.. .._, 100 EL FVElnE BRESSf RANCH WAY !GATEWAY~ • ID "' 110 EIATl00005 KESTREl ~1/WtA--' '°' ,.,. ~S..Mld.S-~'C2.~8-f,,.._n {E).P--,(W).K""4, -'"""': ~JC2,f'5329•2.Sfl00ntl,l{$)•4,F'53.Zl-2.P112'°"•2.~lfl . Ill lACOSTA 15618RAMPS ......... ' .. .,. ~nRlda.N,,_■-.Sf'nu■t-(2,N8°"'9'1'f'Il.SlllOlv-.d,N8~•4 112 LOTU9COURT 10 ,. , .. ' ' ,. ISO 1148 114M. ,a». 7221, 7223, "' WJCZAHflA.8TIIEET LOTUS CT ~GA I ' 70 "° ' .. ,,. Oitw.-,· ~-,.,,.,,... bldg t-2), M-~ noe:.:.?.'~~:01. rn1.n1e. n11. n1s. 1121. SuigatpNNW, 18&1.1152 , .. f'EH'TASCT • 10 so 185h:2 115 Ll.ACCT ' 10 so Ill OUAANOO ST CIRClE _,. MANZMITA ' " .. . .. "' "" ..... n11. n1t.1211. n11. 711M. n1•. n1,.1221. 72'23 onw.-r-n11 117 ECR ..... jAIIE.NAL ' ' " sw.sweo,.,.,o,._,. Ill TOfl:REJOH Pl ' .. ,., w-2~ 2474, 2432. 2408. 2400 242!5, 2.■51. 2467 Ill SACAOACIR ' .. 200 2431 2454, 24118, 2"'10, 24l~J«l:2Air2 "" OYIEOOCT TBD NOT WAU(fO DETAI..ED ADDRESS LOCATION CURBt.OUTTER CROSS GUTTER/ SPANDREL SK>EWAU( DRIVEWAY APPROACH SIDEWALK DRAIN AIR WATER PEDESTRIAN METR BOX& OMMENT$/ADDRESSES STREET SEGMENT STltEET FAOM TO TYPE UIFT .. on, LENGTM AREA.SF ADA RAMPS w,on, LfHOffl AREA SF -"' ....,..,,. ..... ., UD 121 """"-'OZPI. 5 2Q58.242Q.\ 10 50 "' NUEVA CA&TlllA lEVANTE l.ACOGTA ,.., 5 ,0 100 123 LEVA.NT£ PRIMAVERA W'( IA COSTA ' NE R__,. ·"°"-tl'IV R~ ·AOA, 12' ~AOOST CAD<MCIA ESFERAST J250 5 ,. 150 125 PU\NlUAST ESFERAST CADENCIAST I SIDrmOl•ln b.MtNO OE LOS COCHE.S SE•-OLaCO'Wl•lF".dR•~ 126 I 127 ic,.uf ACERVO 5 1'5 C.m0.LNCOCNSSW·6511 "" ' CallSanMIISW-701l -··.· -.... _ icAMrNO COftONAOO D», J310. l316, 33'2, 3326 121 5 50 250 129 lA MACARENA AVf. 5 10 50 ~•4.~laT....O..Plf\.F'W'A.ROIKl),lQ.l~~Qloe, 130 LOS PINOS CIRCLE lAMACAAENAAVE SOMBROSA 10 10 100 ' 5 "' "' Proac..n1.a...,._P1 is,,...71la).2!m,1'934,,\™2A,79-461.,1'91&,79111.1W'0,7M:Q,194'7931,7929,\, 2«13. 2«>711.'2. 2415 131 El BOSQUE AVE 5 20 100 ""'"' ~ "' MIJANOPI. 5 " " 2416:xl, 2414 "' LAPLUMALN 5 " """"'· 12' 2A1'92. 2<107, 2415. 2A17 "' AABUSTOCT 5 10 ADA.a 50 m1.n 1e 2"17.2414,2402 "' l.API.ANCAALN . " " IAOA"3 "' l.AOIGHALN ' 10 50 ""'·"" ""'" 137 El RASTROlN 5 ,. 150 • 10 50 1~-~~-_2801I ,:zecNllQ 131 SOM8ROS,O.ST l.ANEVASCALH icoRre CAAOUNA . 25 150 MlAx:2 0 COfllo Catoho, ADA 12 0 Atnro ' . " "' 1iPN" 29181,:2. 2914a, Ra!Utslwt. Pl<•"• 2817.2'«>. 293A. 291112, 291a, 2915!,A _ .. 1,0 LANEVASCAt..N . . 25 ,w:2&1.-. lcoRn: CELESTE .,_,... I .. . " n 5 20 100 """"' MA PEPrTA ""''' 1'1 5 15 " 29'2t,2927,2917A "' icAMCNOGATO 12 ' tco· 7975 . ,. 17' IAOA.a . ---- "' IAVENIO lliEJlESA """" l'vlAEMERAOO '°'"' I" ' 5 10 50 'SN' 2938.2135 "' kx>ftTE CAROUHA 5 •w7900 • " I .. icORTEFEUPE 5 5 '°'"' " .. , ..... 1•7 lcALlE BARCELONA ECO LEUCADIA 5 -.AMl4 .FDnlfflAllio'.x3.Gllnb,ooli"°""'2,ECRAMl2 .. "' •wlauc.adllboNSilr.WOochrnx3.foNrr\FllflfflSOGEINnll.OirtT,.asw,erng.x◄ I .. I.ACOSTA AV F/IJRWAYLH b.MtNOABIERTO 100 I .. POINS<rno\ lltACK AAll.. 11:0 BRIGANTINE M 125 150 POIHSE TT1A ('.W) CRYSTAWNE OR SHAPOAAOOND!I 100 OETAA.ED ADDRESS LOCA110H CURB & GUTT£R CROSIOUTffRIIPANDREL SIO£WALK DRNEWAYAPPROACH IIDEWALK DRAIN "WATER PEOES,,... MET1180X& jcOMMENTS/AODRESSEI STREET SEGMENT STREET FROM TO TYPE ... FT ''''"" WIOTM AREA.SF AOARAMPS Wl)nt WIOTM AREA SF _,.. WIOTM ....... LID '" POINSETTIA (Y,.") .,,.,,,,.'"' ~TAUJNEDR ,. "' POtNSETTIAi (Ult BATIQUITOSOR ..............ao,, 100 ,., POINSETTIA (Ellt SNAl'<lllH>OOIC,, ICftYST ALUNE Oft ,. , .. POIHSETIIA. (EB} A>/IAAAP'V BAllNmNE DR ,. , .. :CAHMOH RO !Giv.NDPolOFK:OR lEOOt..N«lOR ,. ,,. !CANNON RO LEOOV.NODft ICAJtCOUNTRYDR "" "' iCANNOHR.O GAAHD PACtAC OR FAAAOAY AV ,oo ,,. p.ll~Vlll..AGEDR HeGHlANOOR rvAI..LEYST ,. ,,. !C,\IILS8A0',IIJ.AGEDR VALLEY Sf jMOHROEST "' , .. jc:AALS&t.OW.LAOE DFt t.DNROEST 00,0,,00 ,. "' tc:MLS8A0"1t.l.AOEDR CHATHAM RD TAMAR>,CK AV .. "' TNAAAN:.KAV HJGHlANODR JAMES DR " , .. TAMARACK AV PAAICDft """'"" ,. ,., TAMARACK AV HKJHRIOOEAV EAST POINTE AV " , .. TAMARACK AV EAST POINTE AV IWICIMOOO CR .. , .. TAMARACK AV IWBEIMOOOCT EL CAMIHO REAL ,. "' TAMARACK.AV El CAMINO REAL LAPORT"'-AOA.OR ,oo , .. TAMARACK AV LA PORT A1..AOA DR "°"TIAC DR .. , .. TAMARACK AV PONTW: DO IORKWAU. AV "' ESTIMATED TOTALS 1,1N 4,110 .. .. ... ~127 " " APPENDIX B Sample Right of Entry Permit CITY OF CARLSBAD PERMISSION FOR RIGHT OF ENTRY The City of Carlsbad provides this Permission for Right of Entry for scheduled entry and maintenance work within an easement on your property described as: NAME: Leisure View Villas (HOA) STREET ADDRESS: 880 and 882 Home Ave.1 Carlsbad CA 92008 ASSESSOR'S PARCEL NUMBER: 203-201-30 ----------------- For the purposes of facilitating sidewalk improvements on Carlsbad Village Drive, the City's contractor will need to perform work on your property. For further details regarding the subject improvements please refer to the attached exhibit. Specific project improvements requiring this entry include concrete removal and construction adjacent to the Jefferson Street Alley on your property. Authorization of this Right-of-Entry Agreement grants the City and its contractor permission to enter and construct these improvements on the property addressed above. The City's contractor shall perform all work in a professional manner per the approved engineering plans and specifications. These documents will be provided after approval and upon request. The City will only be responsible for all damages and liability arising from the sole or active negligence or willful misconduct of the City, or its contractors, entering the property for the above-stated reasons. When completed, the City will restore any affected real property to a condition similar to the existing condition before the construction. Permission described in this Agreement shall end when the project Notice of Completion is filed with the County Clerk's office. Therefore, I hereby grant the City of Carlsbad, and its contractor, permission to enter my property to construct the above-described improvements. OWNER, Print Name OWNER, Signature DATE