November 19, 2024, Item #7
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
November 19, 2024
Honorable Mayor and Members of the City Council
Julie Procopio, Director of Development Services q r,!r Cassandra Seaboch, Assistant Engineer
(858) 668-4625 or [email protected]
CITY COUNCIL
Award of Contract to LC Paving & Sealing, Inc., for the FY 2023-24 ADA Barrier Removal -Community Park Project, Bid No. 25-005 and Determination the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) This action will award a construction contract for the FY 2023-24 Americans with Disabilities Act (ADA) Barrier Removal -Community Park project to LC Paving & Sealing, Inc., the lowest responsive and responsible bidder. This project involves the construction of an ADA compliant sidewalk and access ramp at the Slack Street entrance to Community Park.
Recommended Action:
It is recommended the City Council:
1) Award the contract for the FY 2023-24ADA Barrier Removal -Community Park project to LC Paving & Sealing, Inc., in the amount of $95,850.00 and authorize the City Manager to execute the contract (Attachment A);
2) Declare the bid submitted by Fordyce Construction, Inc. is non-responsive for failing to acknowledge receipt of bid Addendums; and
3) Make a determination the project is Categorically Exempt from the California Environmental Quality Act (CEQA).
Discussion:
The FY 2023-24 ADA Barrier Removal -Community Park project is fully funded through the Community Development Block Grant (CDBG) Program. The County of San Diego manages the program and allocates funds to the City. As a requirement of this grant, the City allocates and expends funds for the approved project, which are then submitted to the County for reimbursement. The General Fund (F1000) will provide temporary loans to the CDBG Fund as applicable in the interim to pay for the project.
The FY 2023-24 ADA Barrier Removal -Community Park project consists of ADA upgrades at the Slack Street entrance to Community Park. Improvements include the construction of a new ADA compliant sidewalk, access ramp, and handrails from the east end of Slack Street to the existing walkway inside Community Park. Enhancing ADA accessibility and connectivity at Community Park is one of the 1 of 11
November 19, 2024, Item #7
recommendations
that
came
out
of
the
Community
Park
needs
assessment.
The
contract
time
for
this
project
is
25 working
days
with
an
engineer's
estimate
of
$125,000
.00
.
Construction
is
estimated
to
begin
in
early
January
2025.
The
Slack
Street
entrance
to
Community
Park
will
not
be
available
to
pedestrians
during
construction;
pedestrians
will
be
able
to
enter
Community
Park
via
Buckley
Street
as
an
alternative.
Bids
were
opened
on
September
26,
2024.
The
following
four
bids
were
received:
Company
Total
Bid
Amount
Fordyce
Construction,
Inc.
$75,810.00
LC
Paving
&
Sealing,
Inc.
$95,850.00
Tri-Group
Construction
and
Development,
Inc.
$105,000.00
Palm
Engineering
Construction
Company,
Inc.
$114,495.00
The
apparent
low
bid
of
$75,810.00,
submitted
by
Fordyce
Construction,
Inc.
(Fordyce),
has
been
determined
to
be
non-responsive
for
failing
to
acknowledge
two
addendums
as
part
of
their
bid.
Addendum
No.
2 consists
of
updates
to
the
Davis-Bacon
Wage
rates
and
failure
to
acknowledge
the
addendum
could
not
be
waived
as
a
minor
irregularity.
The
next
apparent
low
bid
of
$95,850.00,
submitted
by
LC
Paving
&
Sealing,
Inc.
is
responsive
to
and
meets
the
requirements
of
the
bid
specifications
. Staff
recommends
City
Council
award
the
construction
contract
to
LC
Paving
&
Sealing,
Inc. Environmental
Review:
The
proposed
remodel
of
an
existing
facility
is
Categorically
Exempt
from
the
California
Environmental
Quality
Act
(CEQA)
as
a
Class
1 Categorical
Exemption,
pursuant
to
Section
15301
(c)
of
the
CEQA
Guidelines,
in
that
the
project
involves
modification
of
an
existing
park
entrance
with
no
expansion
of
use. Fiscal
Impact:
Adequate
funding
in
the
amount
of
$119,394.72
is
available
to
award
the
contract
at
the
noted
amount
in
the
FY
2023-24
ADA
Barrier
Removal
-
Community
Park
project
(PK026)
and
will
be
reimbursed
by
the
County
of
San
Diego
when
the
City
receives
the
CDBG
fund
allocation.
Public
Notification:
None
.
Attachments: A.
Contract
Reviewed/Approved
By:
We
~
Kaserman
Assistant
City
Manager
2 of
11 Reviewed
By:
Alan
Fenstermacher
City
Attorney
Approved
By:
Ch
~
City
Manager
November 19, 2024, Item #7
SECTION
8 CONSTRUCTION
CONTRACT
CITY
OF
POWAY
FY
2023-24
ADA
BARRIER
REMOVAL
-COMMUNITY
PARK
This
Contract
made
and
entered
into
this
20th
day
of
November
2024,
by
and
between
City
of
Poway
, a
municipal
corporation
of
the
State
of
California,
hereinafter
referred
to
as
"City"
and
LC
Paving
&
Sealing,
Inc
., hereinafter
referred
to
as
"Contractor
."
The
City
and
the
Contractor,
for
the
consideration
hereinafter
named,
mutually
agree
as
follows: 1.
The
complete
Contract includes
all
of
the
Contract
Documents
,
which
are
incorporated
herein
by
this
reference,
and
include:
a.
This
Contract
b.
Contract
Addenda
c.
Contract
Change
Orders
d.
Instructions
to
Bidders,
Proposal
Requirements
and
Conditions
e.
Contract
Specifications
f.
Contract
Plans
g.
General
Condition
h.
Special
Conditions
i.
Standard
Spec
ification
for
Public
Works,
most
current
edition
2. The
Contract
Documents
are
complementary,
and
that
which
is
required
by
one
shall
be
as
binding
as
if required
by
all.
3. Contractor
shall
provide
and
furnish
all
labor
,
materials,
necessary
tools,
expendable
equipment,
and
all
utility
and
transportation
services
required
for
the
following
work
of
improvement:
This
project
consists
of
the
construction
of
Americans
with
Disabilities
(ADA)
compliant
sidewalk,
access
ramp
, and
handrails
from
the
end
of
Slack
Street
to
the
existing
walkway
inside
Community
Park
in
the
City
of
Poway.
4. Contractor
agrees
to
perform
all
the
said
work
and
furnish
all
the
said
materials
at
their
own
cost
and
expense
that
are
necessary
to
construct
and
complete
in
strict
conformance
with
Contract
Documents
and
to
the
satisfaction
of
the
City
Engineer,
the
work
hereinafter
set
forth
in
accordance
with
the
Contract
adopted
by
the
City
3 of
11 1
ATTACHMENT
A
November 19, 2024, Item #7
Council.
5. City
agrees
to
pay
and
Contractor
agrees
to
accept
in
full
payment
for
performance
of
this
work
of
improvement
as
described,
the
stipulated
sum
of
$95,850.00
the
"Contract
Price
."
City
agrees
to
make
progress
payments
and
final
payment
in
accordance
with
the
method
set
forth
in
the
Special
Provisions.
6. Contractor
agrees
to
commence
construction
of
the
work
provided
for
herein
with
in
Fifteen
(15)
Calendar
Days
after
the
date
specified
in
the
Notice
to
Proceed
, and
to
continue
diligently
in
strict
conformance
with
Contract
Documents
and
without
interruption,
and
to
complete
the
construction
thereof
within
25 Working
Days
after
the
date
specified
in
the
Notice
to
Proceed.
7. Time
is
of
the
essence
of
this
Contract,
and
it
is
agreed
that
it
would
be
impracticable
or
extremely
difficult
to
ascertain
the
extent
of
actual
loss
or
damage
which
the
City
will
sustain
by
reason
of
any
delay
in
the
performance
of
this
Contract.
It
is,
therefore
, agreed
that
Contractor
will
pay
as
liquidated
damages
to
the
City
the
following
sum
of
$500.00
per
Calendar
Day,
for
each
and
every
Calendar
Days
delay
in
finishing
the
Work
in
excess
of
the
number
of
Working
Days
prescribed
above.
If
liquidated
damages
are
not
paid,
as
assessed
by
the
City,
the
City
may
deduct
the
amount
thereof
from
any
money
due
or
that
may
become
due
the
Contractor
under
this
Contract
in
addition
to
any
other
remedy
available
to
City.
By
executing
this
Contract,
Contractor
agrees
that
the
amount
of
liquidated
damages
is
reasonable
and
shall
not
constitute
a
penalty
.
8. In
accordance
with
State
of
California Senate
Bill
No
. 854,
Contractor
will
maintain
and
will
require
all
subcontractors
to
maintain
valid
and
current
Department
of
Industrial
Relations
(DIR)
Public
Works
Contractor
registration
during
the
term
of
this
project.
Contractor
shall
notify
the
City
in
writing
immediately,
and
in
no
case
more
than
twenty-four
(24)
hours,
after
receiving
any
information
that
Contractor
's
or
any
of
its
Subcontractor's
DIR
registration
status
has
been
suspended,
revoked,
expired,
or
otherwise
changed.
9. Contractor
will
pay,
and
will
require
all
subcontractors
to
pay
, all
employees
on
said
Contract
a
salary
or
wage
at
least
equal
to
the
prevailing
salary
or
wage
established
for
such
work
as
set
forth
in
the
wage
determinations
and
wage
standards
applicable
to
this
work,
a
copy
of
which
is
on
file
in
the
office
of
the
City
Clerk
of
the
City
of
Poway.
Federal
prevailing
wage
rates
apply
for
federally
funded
projects.
Travel
and
subsistence
pay
shall
be
paid
in
accordance
with
Labor
Code
§1773.1
.
10. Contractor
shall
be
subject
to
the
penalties
in
accordance
with
Labor
Code
of
§
1775
for
each
worker
paid
(either
by
Contractor
or
by
any
subcontractors
under
Contractor)
less
than
the
prevailing
rate
described above
on
the
work
provided
for
in
this
Contract.
2 4
of
11 November 19, 2024, Item #7
11. Contractor
and
subcontractors
shall
comply
with
Labor
Code
§
1810
and
§
1811
which
stipulates
that
eight
hours
labor
constitutes
a
legal
day's
work,
and§
1812
which
stipulates
that
the
Contractor
and
subcontractors
shall
keep
an
accurate
record
showing
the
name
of
and
actual
hours
worked
each
calendar
day
and
each
calendar
week
by
each
worker
employed
by
them
in
connection
with
the
work
performed
under
the
terms
of
the
Contract.
Failure
to
comply
with
these
sections
of
the
Labor
Code
will
subject
the
Contractor
to
penalty
and
forfeiture
provisions
of
the
Labor
Code§
1813.
12. Contractor
will
comply
with
the
provisions
of
Labor
Code§
1777
.5
pertaining
to
the
employment
of
apprentices
to
the
extent
applicable
to
this
Contract.
13. Contractor,
by
executing
this
Contract,
hereby
certifies:
"I
am
aware
of
and
will
comply
with
the
Labor
Code
§
3700
by
securing
payment
for
and
maintaining
in
full
force
and
effect
for
the
duration
of
the contract,
complete
Workers'
Compensation
Insurance,
and
shall
furnish
a
Certificate
of
Insurance
to
the
City
before
execution
of
the
Contract.
The
City
,
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."
Contractor
further
agrees
to
require
all
subcontractors
to
carry
Workers'
Compensation
Insurance
as
required
by
the
Labor
Code
of
the
State
of
California.
14 .
Contractor
shall
, concurrent
with
the
execution
of
this
Contract
, furnish
two
bonds
approved
by
the
City,
one
in
the
amount
of
One
Hundred
Percent
(100%)
of
the
Contract
Price
, to
guarantee
the
faithful
performance
of
the
work
("Performance
Bond")
, and
one
in
the
amount
of
One
Hundred
Percent
(100%)
of
the
Contract
Price
to
guarantee
payment
of
all
claims
for
labor
and
materials
furnished
("Payment
Bond")
.
This
Contract
shall
not
become
effective
until
such
bonds
are
supplied
to
and
approved
by
the
City
.
15 .
a.
Contractor
shall
procure
and
maintain
at
its
own
expense,
until
completion
5 of
11 of
performance
, commercial
general
liability
insurance
of
not
less
than
One
Million
Dollars
($1,000,000)
combined
single
limit
per
occurrence
, and
Two
Million
Dollars
($2
,000,000)
in
the
aggregate,
for
bodily
injury,
personal
injury,
death,
loss
or
damage
resulting
from
the
wrongful
or
negligent
acts
by
the
Contractor
or
its
officers,
employees,
servants,
volunteers
and
agents
and
independent
contractors.
Contractor
shall
provide
insurance
on
an
occurrence,
not
claims
made
basis.
Contractor
acknowledges
and
agrees
that,
for
purposes
of
clarification
with
the
intention
of
avoiding
gaps
in
coverage
with
any
umbrella
or
excess
insurance,
personal
and
advertising
injury
coverage
shall
be
triggered
by
an
"offense"
while
bodily
injury
and
property
damage
coverage
shall
be
triggered
by
an
"occurrence"
during
the
policy
period.
b.
Contractor
shall
further
procure
and
maintain
at
its own
expense,
until
3 November 19, 2024, Item #7
6 of
11 completion
of
performance,
commercial
vehicle
liability
insurance
covering
personal
injury
and
property
damage,
of
not
less
than
One
Million
Dollars
($1,000,000)
combined
single
limit
per
occurrence,
and
Two
Million
Dollars
($2,000,000)
in
the
aggregate,
covering
any
vehicle
utilized
by
Contractor
or
its
officers
, employees,
servants,
volunteers
and
agents
and
independent
contractors
in
performing
the
services
required
by
this
Agreement.
c.
Contractor
shall
further
procure
and
maintain
at
its
expense
,
until
completion
of
performance,
workers'
compensation
insurance
providing
coverage
as
required
by
the
California
State
Workers'
Compensation
Law.
If
any
class
of
employees
employed
by
the
Contractor
pursuant
to
this
Agreement
is
not
protected
by
the
California
State
Workers'
Compensation
Law,
Contractor
shall
provide
adequate
insurance
for
the
protection
of
such
employees
to
the
satisfaction
of
the
City.
This provision
shall
not
apply
if
Contractor
has
no
employees
performing
work
under
this
Agreement.
Contractor
agrees
to
waive
its
statutory
immunity
under
any
worker's
compensation
or
similar
statute,
as
respecting
the
City
, and
to
require
any
and
all
subcontractors
and
any
other
person
or
entity
involved
with
the
Project
to
do
the
same
.
Worker's
Compensation
Insurance:
o
Contractor
has
no
employees
and
is
exempt
from
workers'
compensation
requirements
.
o
Contractor
carries
workers'
compensation
insurance
for
all
employees.
d.
All
policies
required
by
this
section
shall
be
secured
from
insurers
authorized
to
do
business
in
the
State
of
California
with
an
"A"
policyholder's
rating
or
better
and
a
financial
rating
of
at
least
Class
VII,
in
accordance
with
the
current
Best's
Ratings
.
e.
Contractor
agrees
to
require
that
all
parties,
including
but
not
limited
to
subcontractors,
architects,
engineers
or
others
with
whom
Contractor
enters
into
contracts
or
whom
Contractor
hires
or
retains
pursuant
to
or
in
any
way
related
to
the
performance
of
this
Agreement,
provide
the
insurance
coverage
required
herein,
at
minimum,
and,
except
for
worker's
compensation
coverage,
name
as
additional
insureds
the
parties
to
this
Agreement.
Contractor
agrees
to
monitor
and
review
all
such
coverage
and
assumes
all
responsibility
for ensuring
that
such
coverage
is
provided
in
conformity with
the
requirements
of
this
Section
.
f.
In
the
event
this
Agreement
is
terminated
for
any
reason
prior
to
the
completion
of
all
obligations
and
requirements
of
this
Agreement,
Contractor
agrees
to
maintain
all
coverages
required
herein
until
the
City
provides
written
authorization
to
terminate
the
coverages
following
the
City's
review
and
determination
that
all
liability
posed
under
this
Agreement
as
to
the
party
providing
insurance
has
been
eliminated
.
g.
Contractor
agrees
and
acknowledges
that
if
it
fails
to
obtain
all
of
the
insurance
required
in
this
Agreement
in
accordance
with
the
requirements
herein,
4 November 19, 2024, Item #7
or
to
obtain
and
ensure
that
the
coverage
required
herein
is
maintained
by
any
subcontractors
or
others
involved
in
any
way
with
the
Project,
Contractor
shall
be
responsible
for
any
losses,
claims,
suits,
damages,
defense
obligations,
or
liability
of
any
kind
or
nature
attributable
to
the
City,
and/or
its
officers,
employees,
servants,
volunteers,
agents
and
independent
contractors,
that
result
from
such
failure
by
Contractor.
16. a.
Contractor
shall
provide
certificates
of
insurance
with
original
endorsements
to
the
City
as
evidence
of
the
insurance
coverage
required
herein
.
Certificates
of
such
insurance
shall
be
filed
with
the
City
on
or
before
commencement
of
performance
of
this
Agreement.
Current
certification
of
insurance
shall
be
kept
on
file
with
the
City
at
all
times
until
completion
of
performance
and
acceptance
by
the
City
.
b.
Notwithstanding
any
inconsistent
statement
in
any
required
insurance
policies
or
any
subsequent
endorsements
attached
thereto,
the
commercial
general
liability
and
commercial
vehicle
. liability
policies
shall
bear
endorsements
whereby
it
is
provided
that
the
City,
and
its
officers,
employees,
servants,
volunteers,
agents
and
independent
contractors
are
named
as
additional
insureds.
Additional
insureds
shall
be
entitled
to
the
full
benefit
of
all
insurance
policies
in
the
same
manner
and
to
the
same
extent
as
any
other
insureds
and
there
shall
be
no
limitation
to
the
benefits
conferred
upon
them
other
than
policy
limits
to
coverages. c.
Contractor
shall
require
the
carriers
of
all
required
insurance
policies
to
waive
all
rights
of
subrogation
against
the
City,
and
its
officers,
employees,
servants,
volunteers,
agents
and
independent
contractors.
d.
Each
policy
required
herein
must
be
endorsed
to
provide
that
the
policy
shall
not
be
cancelled
in
coverage
or
limits
(except
by
paid
claims)
unless
the
insurer
has
provided
the
City
with
30 days
prior
written
notice
of
cancellation.
Contractor
agrees
to
provide
the
City
with
30 days
written
notice
prior
to
any
non
renewal
or
reduction
in
coverage
or
limits.
e.
All
insurance
policies
required
to
be
provided
by
Contractor
or
any
other
party
must
be
endorsed
to
provide
that
the
policies
shall
apply
on
a
primary
and
noncontributing
basis
in
relation
to
any
insurance
or
self-insurance,
primary
or
excess,
maintained
or
available
to
the
City,
and
its
officers,
employees
, servants,
volunteers,
agents
and
independent
contractors
.
17. a.
Contractor
shall
defend
, indemnify
and
hold
harmless
the
City,
its
officers,
7 of
11 officials,
agents,
employees
and
volunteers
from
and
against
any
and
all
claims,
demands,
actions,
losses,
damage,
injuries,
and
liability,
direct
or
indirect
(including
any
and
all
costs
and
expenses
in
connection
therewith)
to
the
extent
actually
caused
by
the
negligence
of
Contractor,
Contractor's
employees,
subcontractors
or
independent
contractors
except
for any
such
claim
arising
out
of
the
negligence
or
willful
misconduct
of
the
City,
or
its
officers,
agents,
employees
or
volunteers.
5 November 19, 2024, Item #7
b.
The
City
does
not,
and
shall
not,
waive
any
rights
that
it may
have
against
Contractor
under
this
Section
because of
the
acceptance
by
the
City,
or
the
deposit
with
the
City,
of
any
insurance
policy
or
certificate
required
pursuant
to
this
Agreement.
The
hold
harmless,
indemnification
and
duty
to
defend
provisions
of
this
Section
shall
apply
regardless
of
whether
or
not
said
insurance
policies
are
determined
to
be
applicable
to
the
claim,
demand,
action,
damage,
liability,
loss,
cost
or
expense
described
herein.
18. Any
amendments
to
any
of
the
Contract
Documents,
including
but
not
limited
to
Contract
Change
Orders,
must
be
in
writing executed
by
the
Contractor
and
the
City.
Any
time
an
approval,
time
extension,
or
consent
of
the
City
is
required
under
the
Contract
Documents,
such
approval,
extension,
or
consent
must
be
in
writing
in
order
to
be
effective.
19. The
Contract
Documents
contain
all
of
the
agreements
and
understandings
of
the
parties
and
all
previous
understandings,
negotiations,
and
contracts
are
integrated
into
and
superseded
by
this
Contract.
20. In
the
event
that
any
one
or
more
of
the
phrases,
sentences,
clauses,
paragraphs,
or
sections
contained
in
this
Contract
shall
be
declared
invalid
or
unenforceable
by
a
valid
judgment
or
decree
of
a
court
of
competent
jurisdiction,
such
invalidity
or
unenforceability
shall
not
affect any
of
the
remaining
phrases,
sentences,
clauses,
paragraphs,
or
sections
of
this
Contract
which
are
hereby
declared
as
severable
and
shall
be
interpreted
to
carry
out
the
intent
of
the
parties
hereunder.
21. The
persons
executing
this
Contract
on
behalf
of
the
parties
hereto
warrant
that
they
are
duly
authorized
to
execute
this
Contract
on
behalf
of
said
parties
and
that,
by
so
executing
this
Contract,
the
parties
hereto
are
formally
bound
to
the
provisions
of
this
Contract.
22. This
Contract
shall
be
binding
upon
and
shall
inure
to
the
benefit
of
the
parties
hereto
and
their
respective
heirs,
personal
representatives,
successors,
and
assigns.
23. In
performing
its
obligations
and
duties
under
this
Contract,
each
party
shall
comply
with
all
applicable
local,
state,
and
federal
laws,
regulations,
rules,
standards
and
ordinances.
24. This
Contract
may
be
executed
by
the
parties
in
counterparts,
which
counterparts
shall
be
construed
together
and
have
the
same
effect
as
if
all
of
the
parties
had
executed
the
same
instrument.
25. After
completion
of
the
work contemplated
by
this
Contract,
Contractor
shall
file
with
the
City
Manager
an
affidavit
stating
that
all
workers
and
persons
employed,
all
firms supplying
materials,
and
all
subcontractors
upon
the
project
have
been
paid
in
full,
and
that
there
are
no
claims
outstanding
against
the
project
for
either
labor
or
materials,
except
certain
items,
if any,
to
be
set
forth
in
an
affidavit
covering
disputed
claims
or
items
in
connection
with
a
Stop
Notice
that
has
been
filed
under
6 8
of
11 November 19, 2024, Item #7
the
provision
of
the
laws
of
the
State
of
California.
26. All
work
shall
be
subject
to
inspection
and
testing
by
City
and
its
authorized
representatives
during
manufacture
and
construction
and
all
other
times
and
places,
including,
without
limitation,
the
plans
of
Contractor
and
any
of
its
suppliers.
Contractor
shall
provide
all
reasonable
facilities
and
assistance
for
the
safety
and
convenience
of
inspectors.
All
inspections
and
tests
shall
be
performed
in
such
manner
as
to
not
unduly
delay
the
work.
The
Work
shall
be
subject
to
final
inspection
and
acceptance
notwithstanding
any
payments
or
other
prior
inspections.
Such
final
inspection
shall
be
made
within
a
reasonable
time
after
completion
of
the
work.
27. Whenever
Contractor
has
knowledge
that
any
actual
or
potential
labor
dispute
is
delaying
or
threatens
to
delay
the
timely
performance
of
the
Contract,
Contractor
shall
immediately
give
notice
thereof,
including
all
relevant
information
with
respect
thereto,
to
City
.
28. Contractor
agrees
to
contact
the
appropriate
regional
notification
center
in
accordance
with
Government
Code
Section
4216.2.
29. Contractor
shall
submit
its
detailed
plan
for
worker
protection
during
the
excavation
of
trenches
required
by
the
scope
of
the
work
in
accordance
with
Labor
Code
Section
6705
.
30. a.
Contractor
shall,
without
disturbing
the
condition,
notify
City,
in
writing,
as
9 of
11 soon
as
Contractor,
or
any
of
Contractor's
subcontractors,
agents,
or
employees
have
knowledge
and
reporting
is
possible,
of
the
discovery
of
any
of
the
following
conditions:
i.
The
presence
of
any
material
that
Contractor
believes
is
hazardous
waste,
as
defined
in
Section
25117
of
the
Health
and
Safety
Code;
ii.
Subsurface
or
latent
physical
conditions
at
the
site
differing
from
those
indicated
in
the
specifications;
or
iii.
Unknown
physical
conditions
at
the
site
of
any
unusual
nature,
different
materially
for
those
ordinarily
encountered
and
generally
recognized
as
inherent
in
work
of
the
character
provided
for
in
this
Contract.
b.
Pending
a
determination
by
City
of
appropriate
action
to
be
taken,
Contractor
shall
provide
security
measures
(e
.g.,
fences)
adequate
to
prevent
the
hazardous
waste
or
physical
conditions
from
causing
bodily
injury
to
any
person.
c.
City
shall
promptly
investigate
the
reported
conditions.
If
City,
through
and
in
the
exercise
of
its
sole
discretion,
determines
that
the
conditions
do
materially
differ
or
do
involve
hazardous
waste,
and
will
cause
a
decrease
or
increase
in
Contractor's
cost
of,
or
time
required
for,
performance
of
any
part
of
the
work
, then
City
shall
issue
a
change
order.
7 November 19, 2024, Item #7
d.
In
the
event
of
a
dispute
between
City
and
Contractor
as
to
whether
the
conditions
materially
differ,
or
involve
hazardous
waste,
or
cause
a
decrease
or
increase
in
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,
and
shall
proceed
with
all
work
to
be
performed
under
the
contract.
Contractor
shall
retain
any
and
all
rights
that
pertain
to
the
resolution
of
disputes
and
protests
between
the
parties.
31. This
Contract
is
to
be
governed
by
the
laws
of
the
State
of
California.
32. All
work
shall
be
guaranteed
for
a
period
of
one
(1)
year
from
the
date
of
acceptance
by
the
City.
Contractor
shall
promptly
make
all
needed
repairs
arising
out
of
defective
materials,
workmanship,
and
equipment.
1 O
of
11 City
is
hereby
authorized
to
make
such
repairs
if within
ten
(10)
days
after
giving
written
notice
to
Contractor,
or
its
agent,
Contractor
should
fail
to
make
or
undertake
with
due
diligence
the
aforesaid
repairs;
provided,
however,
that
in
case
of
an
emergency,
where,
in
the
opinion
of
City,
delay
would
cause
serious
loss
or
damage,
repairs
may
be
made
without
notice
being
sent
to
Contractor,
and
Contractor
shall
pay
the
costs
thereof.
(Remainder
of
page
intentionally
left
blank)
8 November 19, 2024, Item #7
IN WITNESS WHEREOF, the said Contractor and the City Manager, City Clerk and City Attorney have caused the names of said parties to be affixed hereto, the day and year first above written.
Contractor's Name:
LC Paving & Sealing, Inc.
Print Name of Construction Company
By: -------------
Signature
Jose Salinas
Print Name
Contractor information:
Address for Notices and Payments
620 Alpine Way
Escondido, CA 92029
Telephone Number: 760-752-1743
Email: [email protected]
ATTEST:
Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
Alan Fenstermacher, City Attorney
11 of 11
CITY OF POWAY
a Municipal Corporation
Chris Hazeltine, City Manager
9