HomeMy WebLinkAboutAmerican Restoration & Construction; 2001-04-12; 3519DOC 4k 2001-0693741
Recording requested by:
CITY OF CARLSBAD
When recorded mail to:
SEP 26s 2001 12:37 PM
OFFICIAL Rrn% SM DIEGO COlBTY RECOl?DER’S OFFICE GIEGW ;.$ITH, ~~~~~~~ : .
City Clerk
City of Carlsbad
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
Space abaeJthis line for Recorder’s Use
NOTICE OF COMPLETION
Notice is hereby given that:
1. The undersigned is owner of the interest or estate stated below in the property hereinafter
described.
2. The full name of the undersigned is City of Carlsbad, a municipal corporation.
3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California
92008.
4. The nature of the title of the undersigned is: In fee.
5. A work of improvement on the property hereinafter described was completed on June 22,
2001.
6. The name of the contractor for such work of improvement is American Restoration &
Construction.
7. The property on which said work of improvement was completed is in the City of Carlsbad,
County of San Diego, State of California, and is described as the construction of the Seawall
Stairway Repair, Project No. 35191.
CITY OF CARLSBAD
of&
P
LLOYD B. I&BBS, P.E.
Public Works Director/City Engineer
VERIFICATION OF CITY CLERK -I
I, the undersigned, say
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad,
California, 92008; the City Council of said City on August 21 2001, accepted the above
described work as completed and ordered that a Notice ofCompletion be filed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on August 22 , 2001, at Carlsbad, California. n
City Cl.erk
/
EXHIBIT 3
4
CITY OF CARLSBAD
San Diego County
California
CONTRACT DOCUMENTS AND
SUPPLEMENTAL PROVISIONS
FOR
SEAWALL STAIRWAY
REPAIR
CONTRACT NO. 3519
December 2000
v# 9/l 1100 Contract No. 3519 Paae 1 of 68 Paaes
TABLE OF CONTENTS
Pane
Notice Inviting Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Contractor’s Proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Bid Security Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13
Bidders Bond To Accompany Proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Guide For Completing the “Designation Of Subcontractor and Amount Of Subcontractor’s
Bid Items” and “Designation of Owner Operator/Lessor and Amount Of Owner Operator/Lessor
Work” Forms .........................................................................................................................
Designation Of Subcontractor and Amount Of Subcontractor’s Bid Items ................................
Designation Of Owner Operator/Lessor and Amount Of Owner Operator/Lessor Work ............
Bidder’s Statement Of Financial Responsibility.. ..........................................................................
Bidder’s Statement Of Technical Ability And Experience.. ...........................................................
Bidder’s Certificate Of Insurance For General Liability, Employers’ Liability, Automotive
Liability And Workers’ Compensation.. .........................................................................................
f- Bidder’s Statement Of Re Debarment.. ........................................................................................
Bidder’s Disclosure Of Discipline Record .........................................................................
Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid ..............................
Contract Public Works.. ................................................................................................................
Labor And Materials Bond ............................................................................................................
Faithful Performance/Warranty Bond ...........................................................................................
Optional Escrow Agreement For Surety Deposits In Lieu Of Retention ......................................
16
18
19
20
21
22
23
24
26
27
33
35
37
9/l 1 too Contract No. 3519 Page 2 of 68 Pages
Part 1
Section 1
1-I
1-2
l-3
Section 2
2-3
2-4
2-5
2-10
Section 3 3-2
3-3 3-4
3-5
Section 4 Control Of Materials
4-l Materials And Workmanship.. ...............................................................................
4-2 Materials Transportation, Handling and Storage.. ................................................
Section 6 r-- 6-1 6-2
6-6 6-7
6-8 6-9
Section 7
7-3
7-4
7-5
7-7
7-8 7-10
7-13
Section 9 9-1
9-3
Part 2
Section 201
/c Section 206
Section 210
v3 9/11/00
SUPPLEMENTAL PROVISIONS
General Provisions
Terms, Definitions Abbreviations And Symbols
Terms .................................................................................................................... Definitions .............................................................................................................
Abbreviations ........................................................................................................
Scope And Control Of The Work
Subcontracts .........................................................................................................
Contract Bonds .....................................................................................................
Plans And Specifications ......................................................................................
Authority Of Board And Engineer .........................................................................
Changes In Work
Changes Initiated by the Agency.. ........................................................................
Extra Work ............................................................................................................
Changed Conditions .............................................................................................
Disputed Work ......................................................................................................
Prosecution, Progress And Acceptance Of The Work
Construction Schedule And Commencement Of Work.. ......................................
Prosecution Of Work.. ...........................................................................................
Delays And Extensions Of Time.. .........................................................................
Time of Completion.. .............................................................................................
Completion And Acceptance ................................................................................
Liquidated Damages.. ...........................................................................................
Responsibilities Of The Contractor
Liability Insurance .................................................................................................
Workers’ Compensation Insurance ......................................................................
Permits ..................................................................................................................
Cooperation and Collateral Work .........................................................................
Project Site Maintenance.. ....................................................................................
Public Convenience And Safety ...........................................................................
Laws To Be Observed ..........................................................................................
Measurement and Payment v
Measurement Of Quantities For Unit Price Work.. ...............................................
Payment ................................................................................................................
Construction Materials
Concrete, Mortar And Related Materials .............................................................
Miscellaneous Metal Items.. ..................................................................................
Paint and Protective Coatings ..............................................................................
Contract No. 3519 Page 3 of 68 Pages
40 40
41
42
42
43
45
45
45 46
47
50
51
51
52
52
52 53
53
54
54
54
54
54
55
59
60
60
63
65
66
Part 3 Construction Methods
P Section 303 Concrete and Masonry Construction . . . . . . . . . . . . . . . . . . s . . . . . . . . . . . . . . . . . . . . . . e . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Section 310 Painting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
APPENDIX A
Seawall Stairway Repair Title Sheet
Site Plan
Tread Plan & Connection Detail
q b 9/l l/O0 Contract No. 3519 Page 4 of 68 Pages
IL J
CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Until 4:00 om on JW RY 2 2, , _ 288 1 the City shall accept sealed bids,
clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314,
Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor
lobby, at which time they will be opened and read, for performing the work as follows: Replace
seawall stairway treads and repaint stairway at Chestnut Avenue.
SEAWALL STAIRWAY REPAIR
CONTRACT NO. 3519
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.
The work shall be performed in strict conformity with the plans and specifications as approved by the City Council of the City of Carlsbad on file with the Engineering Department. The specifications for
the work include the Standard Specifications for Public Works Construction, 2000 Edition, all
hereinafter designated “SSPWC” as issued by the Southern California Chapter of the American
Public Works Association and as amended by the supplemental provisions sections of this contract.
Reference is hereby made to the plans and specifications for full particulars and description of the
work.
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.
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.
No bid will be received unless it is made on a proposal form furnished by the Purchasing
Department. Each bid must be accompanied by security in a form and amount required by law. The
bidder’s security of the second and third next lowest responsive bidders may be withheld until the
Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be
returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the
provisions of law (Public Contract Code section 10263) appropriate securities may be substituted for
any obligation required by this notice or for any monies withheld by the City to ensure performance
under this Contract. section 10263 of the Public Contract Code requires monies or securities to be
deposited with the City or a state or federally chartered bank in California as the escrow agent. The
escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in
connection with the handling of retentions under this section in an amount not less than $100,000
per contract.
e 9/l 1 IO0 Contract No. 3519 Page 5 of 68 Pages
The documents which comprise the Bidders proposal and that must be completed and properly
executed including notarization where indicated are:
1. Contractor’s Proposal 2. Bidder’s Bond
3. Non-Collusion Affidavit
4. Designation of Subcontractors and Amount of Subcontractor Bid
5. Designation of Owner Operator/Lessors & Amount of Owner Operator/Lessor Work
6. Bidder’s Statement of Financial Responsibility 7. Bidders Statement of Technical Ability and
Experience
8. Acknowledgement of Addendum(a) 9. 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.
10. Bidder’ s Statement Re Debarment
11. Bidder’s Disclosure Of Discipline Record 12.Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder
wishes to use the Escrow Agreement for
Security)
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
$40,000.
Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a
contractor pursuant to the Business and Professions Code shall be considered nonresponsive and
shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall
be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract .is
awarded. In all other cases the contractor shall state their license number, expiration date and
classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal
funds. The following classifications are acceptable for this contract: A.
If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted
with the signed contract. The escrow agreement may not be substituted at a later date.
Sets of plans, supplemental provisions, and Contract documents may be obtained at the Cashier’s
Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $20.00 per set. If plans and specifications are to be mailed, the cost for
postage should be added.
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.
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids.
?a 9/11/00 Contract No. 3519 Page 6 of 68 Pages
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, e 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 pre-bid meeting and tour of the project site will not be held.
All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words
and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected
extension shall be calculated and the bids will be computed as indicated above and compared on the
basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or
written in with ink and must be initialed in ink by a person authorized to sign for the Contractor.
r 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.
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: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the
total amount payable does not exceed five million dollars ($5000,000).
2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total
amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million
dollars ($lO,OOO,OOO).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract
exceeds ten million dollars ($1 O,OOO,OOO).
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 Supplemental
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.
Q 9/l 1 too Contract No. 3519 Page 7 of 68 Pages
,-
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 IO 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 Bests Key Rating Guide of at least A-:V
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. The auto insurance certificate
must state the coverage is for “any auto” and cannot be limited in any manner.
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.
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. 7000-350 ,
adopted on the 21st day of NOVEMBER ,20 00 .
U~RRAINE M. WOOti{City Clerk
% 9/11/00 Contract No. 3519 Page 8 of 68 Pages
City of Carlsbad
December l&2000
ADDENDUM NO. 1
RE: SEAWALL STAIRWAY REPAIR, CONTRACT NO. 3519
Please include the attached addendum in the Notice to Bidder/Request for Bids you
have for the above project.
This addendum--receipt acknowledged--must be attached to your Proposal Form/Bid
when your bid is submitted.
RUTHFLETCHER
Purchasing Officer
RF:jlk
Attachment
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1
) d-42-
Bidder’s Signature
1635 Faraday Avenue l Carlsbad, CA 92008-7314 l (760) 602-2460 - FAX (760) 602-8556 ai3
CITY OF CARLSBAD
Seawall Stairway Repair - Contract No. 3519
Addendum No. 1
From: Jon Schauble, Project Manager
Phone: (760) 602-2762
Fax: (760) 602-8562
No. of Pages: 1
Date: December 14,200O
Bid Opening Date: January 23,200l at 4:00 pm (Unchanged)
REVISIONS TO BID DOCUMENTS:
On Page 6 of 68, change the last sentence of the third paragraph to read as
follows: The following classifications are acceptable for this contract: A (General Engineering) or B (General Building).
CITY OF CARLSBAD
SEAWALL STAIRWAY REPAIR
CONTRACT NO. 3519
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, Supplemental Provisions 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. 3519 in accordance with the Plans, Specifications,
Supplemental Provisions and addenda thereto and that he/she will take in full payment therefor the
following unit prices for each item complete, to wit:
Approximate Item I -Quantity
!!!& DeSCriDtiOn and Unit
1 Mobilisation & Demobilization at 1 LS
l a6J8.Q 7--$&b,, A.
Dollars (Lump Sum)
2 Temporary Chain Link Fencing & 1 LS Signage for Pedestrians at 7%-r 7nNChd.
3 Remove and Replace Treads & Dispose 52 EA of Existing Treads at
7JwLf+k 7k-$s*cl f-0 sric tc 41 Dollars Each
4 Clean Rust Spots on Metal Surfaces with 1 LS Power Tools and Lightly Sand Existing
Dollars (Lump Sum)
5 Prime-coat Rust Spots and Paint All 1 LS Metal Surfaces at y-ii0 73l&
Dollars (Lump Sum)
Dollars (Lump Sum)
e ,:
w iI/1 i 100 Contract No. 3519
Unit
m
1 I,ObO 9,
3 z;oo”=
Page 9 of 68 Pages
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Approximate
Item Quantity Unit
No. Descrbtion Unit and PriCe j&l
6 Apply Seal-coat to Concrete Surfaces 1 LS and Apply Joint Sealant at Tread/Stringer Joint at ~4~c *4&s@& &v&d&
T&d Dollars (Lump Sum)
Tot
8
I amount of bid in words: G,nzL, ~~f7zJ~ArvB BNE /cJu~&?~~ -cm-y
OLLfbbR-S I ,
Total amount of bid in numbers: $ 3 5 1 do
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s). 1 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 JJndersigned 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
F;y xb&&z> “6”
and that this st ementis true and correct and has the legal effect of an affidavit.
Lh,c.i; 4 4 6 (I c6 I ‘which expires on
A bid submitted to the City by a Contractor w o is \not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City
5 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated
by the failure of the bidder to be licensed in accordance with California law. However, at the time
the contract is awarded, the contractor shall be properly licensed. Public Contract Code Q 20104.
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.
OPENED, WITNESSEU iii .j i ,;txx-iakL):
-?3 9/l 1100
/-z-o/
DATE c, c ‘.“>‘/i,y-l, ,.” ; .a, .n-
Contract No. 3519 Page 10 of 68 Pages
Accompanying this proposal is T,o lbd
or Cashier’s Check) for ten percent (10%) of the amount bid.
(Cash, Certified Check, Bond
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.
IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: 1
(1) Name under which business is conducted
(2) Signature (given and surname) of proprietor
(3) Place of Business (Street and Number)
City and State
(4) Zip Code Telephone No.
IF A PARTNERSHIP. SIGN HERE:
(1) hame under whid, business is conducted
(2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner)
(3) Place of Business
(Street and Number)
City and State
(4) Zip Code Telephone No.
Contract No. 3619 Page I I of 68 Pages
_. I /
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(1) Name under which business is conducted flNw/&- at& $L ti d * <-
(2) c3_ptI*~~ c (Signature)
P f&m-T
(Title)
Impress Corporate Seal here
(3) Incorporated under the laws of the State of Lk
(4) P!aca of Business 137 )34 Cha.ts~T Df4 A&2
..* (Street and Number)
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City and State L@5 ~C,(LS , CA- %bOcl
(5) Zip Code I@Oaq Telephone No. 6x 030 303-1
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
ATTACHED
List bilow names of president, vice president, secretary and assistant secretary, if a corporation; if a
partnership, list names of all general partners, and managing partners:
Q 9/l i/o0 Contract No. 3519 Page 12 of 68 Pages
BIDSECURITY FORM
(Check to Accompany Bid)
SEAWALL STAIRWAY REPAIR
CONTRACT NO. 3519
(NOTE: The following form shall be used if check accompanies bid.)
Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF
CARLSBAD, in the sum of
dollars ($ ),
this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall
become the property of the City provided this proposal shall be accepted by the City through action
of its legally constituted contracting authorities and the undersigned shall fail to execute a contract
and furnish the required Performance, Warranty and Payment Bonds and proof of insurance
coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The
proceeds of this check shall also become the property of the City if the undersigned shall withdraw
his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless
othewise required by law, and notwithstanding the award of the contract to another bidder.
BIDDER
*Delete the inapplicable word.
(NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be
executed-the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.)
Contract No. 3519 Page 13 of 66 Pages
Bond No. ~302
BIDDER’S BOND TO ACCOMPANY PROPOSAL
SEAWALL STAIRWAY REPAIR
CONTRACT NO. 3519
KNOW AU. PERSONS BY THESE PRE8ENTS: American Restoration and First National Insurance
matwe, construction, Inc. ,~s$+jr&al,and Company of America
as Surety are held and firmly bound unto the City of Carlsbsd, California, in an amount as followsr (mu61 be at least ten percmt (10%) of the Md rrmounl) *SEE BELOE for which
payment, well and truly made, we bind ourselves, our heirs, exscutors and administrators, successors or assigns, jointly end eeverally, firmly by these presenta.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCl-i that If the proposal of the above- bounden Principal for: SEAWALL STAIRWAY REPAIR CONTRACT NO. 3519
in the City of Cadsbad, is accepted by the City Council, and If the Prln@Ml shall duly enter into and execute a Contract including required bonds and lnsumgnce policies wlthin twanty (20) days from the
date of award of Contract by the City Council of the City of Cadsbad, baing duly notified of said awerd, then this obligation shall become null and void; othewirse, it shalt be and remain in full force and effect, end the amount specified herein shall be forfeited to the sold City.
r- 1:: *m PRRC~ OF THE AnouNT OF TEE BID (lo%)* . . *
. , .
. .
r .*I
a 9/l llcKl Contract Nn. 3519 Papa j4 of 80 Page8
. .
In the event Prtndpal executed thlo bond as an IndMdual, It Is egrwd that the death of PrincJpal shall not exanamts the Surely from its obligations under this bond.
Executed by PRINCIPAL this 12th day of J--Y , 20%.
PRINGIPAL: American Restoration and construction, Inc.
(nam
By: -ymQLmLh
(print name h6re)
;R. L&k P
(print name he?e)
da\Ywik- Im (titk Bnd organ’tition of signatory)
Executed by SURETY this l*th day of January ,2OK.
SURElY: First National Insurance Company
@f Americ: (nname of Surdy) 2677 N. Main St., #600 Santa Ana, CA 9270! (address of Surety)
714- 437-3052
(sigtiture of Attorney-44n-Fact) ’
Matthew R. Dobyns
(prlnt@d name of Attorney-in-Fact) .
(Attach cowWe remlutbn d~owlng current power of attorney,)
(Proper notarial acknowledgment of exewtlon by PRNCIPAL and SURETY must be attached, j
(President or vice-presldent and secretary of ssslstant secretary must sign for corporations. If only one other signs, the corporation must attach a resolution eetified by the secretary or asWant secretary under corporate seal empowering that oftlcer to bind the oorporatiarr.)
APPROVEO AS TO FORM: RONALD R. BALL
CItyA Y * Ew:,,~\ L x3-
C%y Attorney
F
f3 Q/l l/O0 Contract No. 3619 Ponal5of SaPam
,.< p@? ;rb ‘@0 17813 f=R . : L .* - e
TO SLS~&sS1732 P. cl3&l3
C 9 lFORNlA ALL-PURPOSE ACUNOWLEDGMENT ‘V. . . . . . C.~.C.......,.., . . _. $ s=-- =?3ms%z~~~A~~~.
8 . g 2-F
I7 personally known to me - OR - ppu ved to rnz on the basis of sa:isfacto& evidence to bs the person(s)
Whose name(s) is/are subscribed to the wi:hin instrume,?;
and acknowlrdggd to me that ht/she:‘they exewed the
s2me in hi.slhe:itheir authorized capaci:y(i@. and that by
his.‘hedtheir signature(s) on the instrumen: the person(s).
or the entity upon behalf of v/hi@ t?~e person(s) acted.
e.uscut2.d ths irarument.
. .
OP7lONA L
,- 73ough th infomzkn 62?Oi~ is mt requ?zd by lz:v. it nay prove VS!U~/~ tz pzrsans rslykg an Li dccumm ~r;d cou!dpna/2.qt
trsudulsd rxmv,~l al;d ?~J~%c!TM~ 0: tib iam TV ano$wr dcccn~ent
Description of Attached Document .-.. ._
Title or Type of Document:
Docum;ni Dale: . fju~~b~i of Pages:
Signer(s) O<he’ Than NW-I& Above:
Capacity(ies) Claimed by Signer(s>
Signer’s Name:
11 Individual
*Z COfpora:e Office;
Ti:le(s):
!Xf Pa,<:ns; - 0 Li,-77i:fd ‘2 Ge.ir2.l
12 AXorney-in-Fzsi
5 Trust== “..
c GtlaXji2.q 0: Cons2v2:or
c OthZ:;
P,“.
igner IS fk~r2s5ntia~~ i i
-v..... .- . . . - ‘Ll ..-..- --
Sig;I$:‘s N371t:
:I Individual
:: Colyorate ORice:
Tirls:s):
C Pz.<.q~: - c Li,T.i;sd *x Gen;:Ei
Z A\ltor;lty-in-Fact
$1 -i-rustle
:z G’Jz:dizn 07 CCI?S?:NZIC:
c’ OL1t::
I ,
Sign?: I j fir?rt;ln:ing: i i
State of California
5 County of Uy7 >
ss.
On / -~52~oo/ , before me,
Date
personally appeared
Name and Title of Officer (e.g.. “Jane Doe. N6tary Pubk”)
Name(s) of Signer(s)
0 personally known to me
J53. proved to me on the basis of satisfactory
evidence
Place Notary Seal Above
to be the personti whose namew is/are-
subscribed to the within instrument and
acknowledged to me that he/s+M&ey+xecuted
the same in his/h&#+& authorized
capacityw, and that by his/b&#&r-
signature@J’on the instrument the person@j, or
the entity upon behalf of which the personw
acted, executed the instrument.
WITNES9my han$a+ official seal.
, -gnatwe of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name:
0 Individual
0 Corporate Officer - Title(s):
q Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
Cl Guardian or Conservator
0 Other:
Signer Is Representing:
D 1997 National Notary Association - 9350 De Soto Ave., PO. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder Call Toll-Free 1-600-676-6627
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907
,- State of CALIFORNIA
County of owcz.
On l-12-2001 before me, MARY MARTIGNONI - NOTARY PUBLIC I
DATE NAME, TITLE OF OFFICER - E.G., “JANE DOE, NOTARY PUBLIC”
personally appeared MATTRJSR. DOBYNS t
NAME(S) OF SIGNER(S)
q personally known to me - OR - q proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is-
subscribed to the within instrument and ac-
knowledged to me that he-executed
the same in his/l “’ ’ authorized
capacity(&&, and that by his/l “I ’
signature($) on the instrument the person@),
or the entity upon behalf of which the
person(%) acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL
0 CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT TITLE(S)
0 PARTNER(S) 0 LIMITED q GENERAL
B ATTORNEY-IN-FACT NUMBER OF PAGES
0 TRUSTEE(S)
; W$IAN/CONSERVATOR
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
FIRST NATIONAL INSURANCE SIGNER(S) OTHER THAN NAMED ABOVE COMPANY OF AMERICA -___
81993 NATIONAL NOTARY ASSOCIATION l 6236 Remmet Ave., P.O. Box 7164 l Canoga Park, CA 91309-7164
. .
POWER
OF ATTORNEY
FIRS r NATIONAL tNS”tUINCE COMPANY OF AMERICA
4333 BROOKLYN AVE NE
SEATTLE. WASHINGTON 89105
4333 Ilrooklyn Avemrc N.13.
Seu~llc, WA 98105
KNOW ALL BY THESE PRESENTS:
No. IO2U2 ---
That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washinglon corporation. does hereby appoint *~*t**~**~~****+*****************~~*******~~*~~*~**~***~**~***~~~‘~‘(~~~~~(, j)()I]YNS; (Toljelloll, (‘alifirllld ‘.*****+***~****~*.*~1*********************~*~**~**~**~.
IIs true and lawful allorney(s)-in-fact, wilh futl aulhority to execute on behalf of the rznpany fidelity and surely bonds or undertakings and olher documenls of a similar
character issued by Ihe company in the course of its business, and to bind FtRST NATIONAL tNSURANCE COMPANY OF AMERtCA Ihereby as fully as If such
inslruments had been duty execarted by its regularly eleded oIficers al i(s home offira.
IN WITNESS WIIEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and allested these presents
lhis 31~1 day of JIIIIC ______-.--.- -..-.--- , 1999 .
R.A. PIERSON. SECRETARY W. RANDA1.L STODDARD, PRESiDENT
CERTIFICATE
Exlract from Ihe By-ILaws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA:
ricle V, Section 13. - FIDELITY AND SUftETY BONDS .._ the Presitlenf, any VI~R Presittenl, the Secretary, and any Assislant vice President appointed for lhal
purpose by the officer in charge of surely operations. shalt each have authority 10 appoint indivkluats as allorneys-in-fact or under olher appropriate tiltes wilh aulhorily to
execule on behalf of lhe company Adekly and surely bonds and other documents of similar character issued by the company in the course of its business... On any
inslrumenl making or evidencing such appoinlmenl, ltie signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
underlaking of the company, the seal, or a facsimile Ihereof. may be impressed or affixed or in any other manner reproduced; provided, however, thal the seat shall not
be necessary to the validity of any such instrument or undertaking.”
Extrad from a Resolulion of the Board of Direclors of
FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopled July 28, 1970.
“On any certificale executed by Ihe Secretary or an assistant secrelary of the Conlpany setting out,
(I) The provisions of Arlicte V, Section 13 of Ihe By-Laws, and
(ii) A copy of lhe.power-of-attorney appointment. exearted pursuant Ihereto, and
(iii) Certifying lhal said power-of-allorney appointmanl is in full force and elfect,
Ke signalure of the cerlifying officer may be by facsimile, and the seat of the Company may be a facsimile thereof.”
I. R.A. Pierson, Secrelaty of FIRST NATIONAL INSURANCE COMPANY OF AMERICA. do hereby certify that the foregoing extracts of the By-Laws and of a
Resolution of Ihe Board of Direclors of this corporation, and of a Power of Allorney issued pursuant thereto. are true and coned, and lhat bolh the By-Laws, Ihe
Resotulion and the Power of Attorney are slitt in full force and effect.
IN WITNESS WHEREOF, I have hereunlo sel my hand and affixed the facsimile seal of said corporation
this 12th day of _--- JZlllWl~ . 2001 .
\?.I_%, 19 2 e A
R.A. PIERSON, SECRETARY
S.1049lFNEF 7198
-
GUIDE FOR COMPLETING
THE “DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR’S BID ITEMS”
AND
“DESIGNATION OF OWNER OPERATOR/LESSOR AND
AMOUNT OF OWNER OPERATOR/LESSOR WORK” FORMS
REFERENCES Prior to preparation of the following Subcontractor and Owner Operator/Lessor disclosure forms Bidders are urged to review the definitions in section l-2 of the SSPWC and of the Supplemental Provisions to this Contract especially, “Bid”, “Bidder”, “Contract”, “Contractor”, “Contract Price”, “Contract Unit Price”, “Engineer”, “Subcontractor and “Work” and the definitions in section l-2 of the Supplemental Provisions especially “Own Organization” and “Owner Operator/Lessor.” Bidders are further urged to review sections 2-3 SUBCONTRACTS of the
SSPWC and section Z-3.1 of these Supplemental Provisions.
CAUTIONS These forms 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 owner operator/lessors or otheNvise 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 or Owner Operator/Lessor who the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor or Owner Operator/Lessor licensed as a contractor by the State of California who 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 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.
Bidder shall use separate disdosure forms for each Subcontractor or Owner Operator/Lessor of manpower and equipment that it proposes to use to complete the Work. Additional copies of the forms must be attached if required to accommodate the Contractor’s decision to use more than one Subcontractor or Owner Operator/Lessor. All items of information must be completely filled out. These forms 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.
Neither the amount, in dollars, of work performed by the Bidder’s own forces (as Contractor) nor the Bidder’s overhead and profit for subcontracted items of the work is included to compute the percentage of the work performed by Subcontractors or Owner Operators/Lessors.
When the Bidder proposes that any bid item will installed by a Subcontractor or Owner Operator/Lessor the amount, in dollars, of the bid item installed by each Subcontractor or Owner Operator/ Lessor must be entered under the columns “Amount of Subcontracted Bid Item including Subcontractor’s Overhead & Profit” or ” Amount of Owner Operator/Lessor Bid Item Including Owner Operator/Lessor’s Overhead & Profit ” unless the dollar amount of all work performed by any Subcontractor or Owner Operator/Lessor is less than one-half of one percent (0.5%) of the Bidder’s total bid or ten thousand dollars ($10,000) whichever is greater. If a Subcontractor or Owner Operator/Lessor installs or constructs any portion of a bid item the entire amount of the Contract Unit Price, less the Bidder’s overhead and profit, shall be multiplied by the Quantity of the bid item that the Subcontractor or Owner Operator/Lessor installs to compute the amount of work so installed.
Suppliers of materials from sources outside the limits of work are not subcontractors. The value of
9/l 1 /oo Contract No. 3519 Page 16 of 66 Pages
materials and transport of materials from sources outside the limits of work, as shown on~the plans,
shall be assigned to the Contractor, the Subcontractor, or the Owner Operator/Lessor, as the case F-- may be, that the Bidder proposes as installer of said materials. The value of material incorporated in
any Subcontractor or Owner Operator/Lessor 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 or
Owner Operator/Lessor installing said item.
The item number from the “CONTRACTOR’S PROPOSAL” (Bid Sheets) shall be entered in the “Bid
Item No.” column.
When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the number must be entered on the form. If the Subcontractor does not have a valid business license enter “NONE” in
the appropriate space.
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.
When the Bidder proposes using a subcontractor or owner operator/Lessor to construct or install
less than 100 percent of a bid item the Bidder shall attach an explanation sheet to the designation of
subcontractor or designation of Owner Operator/Lessor forms as applicable. The explanation sheet
shall be provided by the Contractor to clearly apprise the Agency 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 and Owner Operator/Lessor amounts for purposes of award of the
contract shall determined by the City Council in conformance with the provisions of the contract
P documents and the Supplemental Provisions. The decision of the City Council shall be final.
Contract No. 3519 Page 17 of 66 Pages
/
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR’S BID ITEMS
I
I
SEAWALL STAIRWAY REPAIR
CONTRACT NO. 3519
The Bidder certifies that it has used the sub-bid of the following listed subcontractor in preparing this bid for the Work and that the listed subcontractor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts 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 than one-half of one percent (0.5%) of the Bidder’s total bid 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. Y.
Full Company Name of Subcontractor. m\qc, x30r +
Subcontractor’s Location of Business ?b ht /0c3
Street Address
cd- state 7197 9
Zip
l Subwntractor’s Telephone Number including Area Code: J 6 19 I Li63 - 1617
‘Subcontractor’s California State Contractors License No. and Classification: 7wz’b7-
*Subcontractor’s Carlsbad Business License No.:
8 SUBCONTRACTOR’S BID ITEMS*
$ $ $
$ $ $
!&3lanatlos: Column 1 - Bid Item No. from the bid proposal, pages 9 through 10, Inclusive. Column 2 - The dollar amount of the item to be performed by the Subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor’s own forces. Column 4 - The dollar amount of the Contractor’s overhead and profit for work done by both the Contractor’s and the Subcontractor’s forces on the item. Total dollar amount of Columns 2.3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages 9 through 10, Inclusive.
Paw - \ of \ pages of this Subcontractor Designation form
1
I r
l Pursuant to section 4104 (a)(2)(A) Cslifomia Public Contract Code, receipt of the portions of the lnfonnsticn preceded by an sstedsk required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contaIned in the Wotks Inviting Bids.’
9/l 1 too Contract No. 3519 Page 16 of 66 Pages
DESIGNATION OF OWNER OPERATOR/LESSOR AND
AMOUNT OF OWNER OPERATOR/LESSOR WORK
SEAWALL STAIRWAY REPAIR
CONTRACT NO. 3519
The Bidder certifies that it has used the sub-bid of the following listed Owner Operator/Lessor in preparing this bid for the Work and that the listed Owner Operator/Lessor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code “Subletting and Subcontracting Fair Practices Act.” The Bidder further certifies that no additional Owner Operator/Lessor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder’s total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the Owner Operator/Lessors listed work will be made except upon the prior approval of the Agency.
Full Owner Operator/Lessor Name:
Owner Operator/Lessor Location of Business
Street Address
City State Zip
*Owner Operator/Lessor Telephone Number including Area Code: ( 1 I
*Owner Operator/Lessor City of Carlsbad Business License No.:
OWNER OPERATOR/LESSOR WORK ITEMS
Amount of Work In Bid
Column 1 - Bid Item No. from the bid proposal, pages 9 through 10, inclusive. Column 2 - The dollar amount of the item to be performed by the Owner Operator/Lessor. Column 3 - The dollar amount of the item to be performed by Contractors own forces. Column 4 - The dollar amount of the Contractofs overhead and profit for work done by both the Contractor’s and the Owner Operator/Lessofs forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages 9 through 10, inclusive.
Page -Of- pages of this Owner Operator/Lessor form
* Pursuant to section 4104 (a)(2)(A) Cakfomia Public Contract Coda. receipt of the portions of the information preceded by an asterisk
required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the “Notice Inviting Biis.’
Q 9/l 1 /oo Contract No. 3519 Page 19 of 66 Pages
BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY
(To Accompany Proposal)
SEAWALL STAIRWAY REPAIR
CONTRACT NO. 3519
Copies of the latest Annual Report, audited financial statements or Balance Sheets may be
submitted under separate cover marked CONFIDENTIAL.
.
Contract No. 3519 Page 20 of 66 Pages
BIDDER’S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
SEAWALL STAIRWAY REPAIR
CONTRACT NO. 3519
The Bidder is required to state what work of a similar character to that included in the proposed
Contract he/she has successfully performed and. give references, with telephone numbers, which
will enable the City to judge his/her responsibility, experience and skill. An attachment can be used.
Date Contract Name and Address Completed of the Employer
S- mR*eb
Name and Phone
No. of Person To Contract
z
Type of
work
Amount
of
Contract
Contract No. 3619 Page 21 of 66 Pages
BIDDER’S CERTIFICATE OF INSURANCE FOR
GENERAL LIABILITY, EMPLOYERS’ LIABILITY, AUTOMOTIVE
LIABILITY AND WORKERS’ COMPENSATION
(To Accompany Proposal)
SEAWALL STAIRWAY REPAIR
CONTRACT NO. 3519
As a required part of the Bidder’s proposal the Bidder must attach either of the following to this
paw.
1) Certificates of insurance showing conformance with the requirements herein for each of:
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, the Standard Specifications for Public
Works Construction and the Supplemental Provisions for this project for each insurance
company that the Contractor proposes.
2) Cover anv vehicle used in the performance of the contract, used onsite or offsite, whether
owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance
certificate must state the coverage is for “any auto” and cannot be limited in any manner.
G 9/l 1 /oo Contract No. 3519 Page 22 of 68 Pages
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BIDDER’S STATEMENT RE DEBARMENT
(To Accompany Proposal)
SEAWALL STAIRWAY REPAIR
CONTRACT NO. 3519
Have you or any of your subcontractors ever been debarred as an irresponsible bidder by
another jurisdiction in, the State of California?
-&L- yes no
If yes, what was/were the name(s) of the agency(ies) debarment(s)? Attach additional copies of this page to ments.
and what was/were accommodate more
T;
the period(s) of than two debar-
party debarred party debarred
agency
period of debarment v
BY CONTRACTOR:
By:
ame of Contractor)
A&c &k&q k
(print name/title)
agency
period of debarment
Page - of ’ pages of this Re Debarment form
i
9/l l/O0 Contract No. 3519 Page 23 of 68 Pages
I
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t
I
I
I
I
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/
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
SEAWALL STAIRWAY REPAIR
CONTRACT NO. 3519
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. _L
1) Have you ever had your contractor’s license suspended or revoked by the California Contractors’ State license Board two or more times within an eight year period?
Yes %-
2) Has the suspension or revocation of your contractors license ever been stayed?
Yes no
3) Have any subcontractors that you propose to perform any portion of the Work ever had their
contractor’s license suspended or revoked by the California Contractors’ State license Board two
or more times within an eight year period? v
Yes no
4) Has the suspension or revocation of the license of any subcontractor’s that you propose to
perform any portion of thezrk ever been stayed?
yes no
5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party
disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of
the violation and the disciplinary action taken therefor.
(If needed attach additional sheets to provide full disclosure.)
Page -Of- pages of this Disclosure of Discipline form
e
w 9/l l/00 Contract No. 3519 Page 24 of 68 Pages
#
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED)
(To Accompany Proposal)
SEAWALL STAIRWAY REPAIR
CONTRACT NO. 3519
6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who’s discipline was stayed, the date of the violation that the disciplinary action pertains to,
describe the nature of the violation and the condition (if any) upon which the disciplinary action
was stayed.
(If needed attach additional sheets to provide full disclosure.)
BY CONTRACTOR:
&CR,& &&w+L .
(name of Contractor)
fU
4
(sign here)
f-d l4-dfcL
(print name/title)
e
w Q/l 1 IO0
Paw - of pages of this Disclosure of Discipline form
Contract No. 3519 Page 25 of 68 Pages
NON-COLLUSION AFFIDAVIT TO BE-EXECUTED
BY BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
SEAWALL STAIRWAY REPAIR
CONTRACT NO. 3519
State of California ) - ) ss. County of 1 zlxXd4$&+p PtNUl CCGG /L35 fkFI+tL - ’ 9 being first duly worn, deposes (Name of Bidder)
and says that he or she is
of A-&c, Q*sL4(;lz*. fwd co3-.S~
(Name of Finn)
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation; that the bid is
genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited
any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with’any bidder or anyone else to put in a sham bid, or that anyone shall refrain /I from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to
fix any’bverhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure
any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not,
directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents
thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any
corporation, partnership, company association, organization, bid depository, or to any member or
agent thereof to effectuate a collusive or sham bid.
I declare under penalty of pe ury that the foregoing executed on the 2 & day of is e and affidavit was
3 -,A
Signature of Bidder
Subscribed and sworn to before me on the aday of,&, WQQ.
(NOTARY SEAL) 2
F” i ‘-7
3
HAMID R. DANESHVARI NOTARY PUBLIC-CALIFORNIA$
-
1
COMM. NO. 1114761 SAN DIEGO COUNTY MY COMM. EXP. FER 71 7~01 I
/’ /
ContractNo. 3519 Page 28 of 88 Pages
, 1/23/200.l 1 1: 32 5624044622 AFlERICMd HESTURkTION PAGE 02
&&@.g"cm Restoration and ConstK&&Qn. Ia
Pinancial Reuort - &&omt T:lsXu
June &Q, 2000
hnaudited~
Table of Cong.g?m
Accountants' review report
Balance sheet - income tax basis
Insoms statement - income tax basis
Notes tc financial statements - inccme tax bvz.sis
Supplementary information:
Accountants' report on supplementary information
Schedub of completed pr0ject.a .
Schedule of non completed projects
&F3S
1
2
3
4-5
LEVY SAPII\T, KO, MOSS Br FREEM.%N l CERTFIED I’UBUC ACCOUNTANTS, INC.
81323;29@1 11:32 5524544622 AMERICAN RESTORATION
I
N.q.LIC1I t, Li?kT, C.P.A ~~UVRCW P. s.brw C.P.A.
STI?VE c , -60. c r.ti.
>wRTIN A. #.O$$. C.R.4. SC07T A. FRcmbbi. c.r A. Board of Directors 8
American Restoration and Conetruction, Xnc.
Lo8 k;geles, California
PAGE BJ
We havr reviewed the acczrpanying balarace skltset - income rax basis of
American Restoration and CanstructiWl, 'I;nc. tan s corporafian~ as of June 30, 2000 and the related inccxne szaterwnt - income tax basis for the getiod then ended, in accordance with St..irterrtsnts on Stands&ta: for
Accounting and Review Semites issued by YC~Z Ansetican Xnstitcte of
Certified Public Accountants- All in~cmnat:i,on included in these
Einanckl statemmts is the reprtsemtatior, cl:: the nk&lagemerit of Arnericcln RestoraTion and ~OngtrUCtiol~, Tnc.
A review wnsiste ~~incigally of inquirier cm,:? Co?qany personnel and
analytical procet5ureo applied to Cirmncial i!ikta. It is substantially
less is! 8mpe thar. an examination in accor8wce with genexally
accepted auditing standards, the objective x: which is the expression
of an apinion regarding the financial stareE.rmts taken as a whole.
P,ccosdinyly, we do not expreers such nn cp:.rzj,m.
A statement of cash flows for the period ha4: cot been presented.
Generally accepted accountang ptinciples rsq~ire that such a
st%ement be pzesafited when financial st.aten':.rrnts purport to preseI-,t
financial gosition and results of operations.
Based 0~ our review, We are not aware of an). material modifications
that should be made to the acccmpanying ffcr.ncial EraLternents in order
fat them to be in confo,mity rJith generally mcepted accowlting
plTillCipSeS.
LEVY, Su?IN, El>, MOSS & PREEN&&
Certified Public Accountants, Inc.
. .
August 16, ZOCO
-I-
LOSANGELES. CALiFOfUiIAYOd10 * (425) 956.8256 * FAx(323) 936-2649
,.,, ,,, .., _ ._
5624044622 AMERICAN RESTORt3TION
,Ameti,c~ Restoration and Constr-,lction, II-AC
Balance Sheet - Income Tax Basis
aaent Assets,
Cash
*counts receivable (Note 21
~1owance for doubtful account (Note 2)
Costs in excess of billings (Note 2)
Xnvestmvnt (Note 3) Employee advanced
prepaid assets
Tot&Current Assets
Fixed As6ets (Note 2)
Fixed assets
Accumulated depreciation
Total Fixed Assetp
OtherAssets_
Deposits
Organization expense
Goodwill (Note 4)
LOW3 to officers
Total Other Assets
Total Assets
PPlGE 94
As of &me 30. ZOOp,
(unaudited1
AsBet
33,762
756,506
( 2,400)
88,056
9,894
8,865
25,571
920.334
122,848
t 28,33,0)
94.518
10,788
763
5,000
120.074
134.625
Lii;.: .
CL:“” <,',, :; Liabilities and Shareholdex,tr YR&tv i,. (,,,' '* :i ,a ;. ,,,Y . Current Liabilities p, r,',,',.:' &,'$ 7; ! Accounts payable and accrued expenses
p;i";':, ,' Corltracts payable .,'
@,,( '., Billings in excess of costs (Note 2)
/' ,,:;:, Loam payable-American Express (Note 5)
@ii&:: Loans payable-officers
!f$%~e'::? " Loans payable-Washington Mutual (Note 5) y.1 ?',:A< 1, : ""2,;;:: : : .:, m:.,-:.. .., y$"!"".. , ry!.': State income tax payable (Note 3) ,:;;i&s"' ,.,:J:. ., Tot81 Current Liabilities
Alec@-beginning of the year
!t income for the pe;siod
~~.:;~:;~~stributiona
@?,~',,.:-~ Tot81 Retained Eaminqe
yq,,; 'I,. .: E&f,:.,.',:' ,:'
~QhereholaefI~ 'Be 396JQ3
Total Liabilities end Shateholde+T..e ~cnrit-f: 1.149.477
(Wx aWornpanying noteb and accountants' review report)
., .,, -2- ,i I:’ ,I : !--Y WJ’XN, KO, MOSS & FREEMAIV l CERTlFlECl PUBLIC ACCOl 1.1 .I
612,332
17,232
68,960
13,344
1,911
35,695
3.500
752,774
30.000
162,437
229,765
( s.500)
386.703
JNTANTS, II UC.
11:32 5624044622 AYER 1 CAN EETjTORPlT I OH
&%srican R.estQri3tion and tor 'str .1 uction. me.
Ir;comP Staeern~nt - nm3q~ mix Ewis
l2z.x the Six Xmths Ended iftine 30. 20011
Cunaudi ted)
PAGE 05
Revenug
Ccnstruction income
Dmxeac income
3,465,X2
223
Total Revenue 3,46x,475 10Q.6
Emm.sea
Direct CcStS Of COnEJtrUCtiOn
cirect overhead costs
Salaries-other
Salaries-sales
payroll taxes
Rent
Instirance
Outside acrvice
Sq@ies-office
Telephone
VtiZities
Repairs &ad mainten3race
Auto expeme
Adi-dnstration expense
Advertising
Bad debt expense
Lagal and sccounting
Entertainment and promotion
Postage and delivery
Printing
Taxes and licemes
Interest and bank charges
Trave 1
Depreciation
Miscellaneous
2,760,390
83,808
47,769
63,000
10,097
16,086
10,969
8,264
16,753
30,535
3,821
515
7,624
1,719
7,460
2,800
7,089
5,305
2,357
1,454
980
2,073
15,051
JL5,261
---a
Total Ex~sansea 3.132.209 .
IECO~C before Uther Exnenses 333,266 9.6
Other Exuensee
Salary-officer
State franchise tax
Total Dther'l%+mmess
100,000
3J.500
303, !xo-
Net Incomr, a9,766
'1
(See acccmpmying notes and accountknts 1 review report)
LEVY, SAPIN, RO, MOSS Bc FEUCEMAX . CERT!Flfll PUBLIC ACCOUNTANTS. INC.
I_--
73.9
2.4
1.4
1.8
0.3
0.5
0.3
0.2
0.5
0.9
0 . z
0.2
0.2
0.2
0.2
0.2
0.1
0 * 1
0.5
0.4;
) 0.1
90-d
2.3
0.1
3.0
2.6
./23/2001 11:32 5624044622 AMERICAN RESTORATION PAGE 06
American Reswnn and Constwctiq
Financial Reaort - &&some Tax Basis
&me 30. 2OOQ
(unauditedi
NOTE 5 8&sU.%zQf Businefw The company was formed on March 26, 1998 to primarily engage
as a contractor in heavy-duty restc,I:ration and construction
of commercial buildings and public :!acilities, emphasizing
concrete and sCrucztura1 restoration. The Company also,
provides services as a general contrzacfor, specializing in
tenant improvements.
NOTE 2 Sicmificzal?_t Accounei~q~PolicieS
J$$$is of Accountinq
The financial etatcmenca have been prepared using the accrual
methods of qccounting. Because of the existence of
construction contracts, income is L:,eing recognized using the
percentage of completion method balled on costs incurred and
estimated costs to complete. Revis::; on8 in est.imated profit are
reflected in the year in which the lsacta requiring revision
become known. ALSO all contracts raflecting a loss will be
recognized in fuZl during the year the loss is determined t0
exist. Claims fox additional rever,ue are recognizcd to the
extent of costs incurred if it is plrobable an additional claim
will be allowed and CM be reasonably estimated.
&.cojmte Receiva&&
Accounts receivable represent amounts due from completed
contracts as well as progress billings. An allowance for
doubtful, aocounts haa been presented to reflect the collect
ability questions of one job,
Pixed>sets
Fixed assets are stated at co6t. Er?preciation is provided over
the estimated useful lives of the arisets utilizing both the
straight line and double-declining rlethods for financial
reporting purposes. For Fedetal ia.::ome tax purposes, the
modified ACRS method is used for ccoiputing depreciation on
fixed asseta. Because this is not TV method that is in
conformity with generally accepted accounting principles, the
statements are shown on an income t.itx basis.
Income Taxes
The Company, with the consent of its! shareholders, has elected
under the Intarnal Revenue Code to 3e an S corporation on April
15, 1998. In lieu of paying Federal corporate income taxes,
the shareholders of an S corporation are taxed on their
proportionate share of the Company's taxable income.
Therefore, no provision for Federal income taxes ,has been
included in thetle financial statements for the current year.
(See accountants’ review .r:eport)
-4-
LEVY, SAPIN, KO, MOSS & Fl?.EEblAN . CERTIFIED WBLIC ACCOUNTANTS, INC.
11:32 5624844622 AMERICAN RESTORATION
-erican Restoraaud Constguction. Inr.
Rcwrt Financ,ial c Income 'ilax Basis
June-&zgpJ (unaudited)
NOTE 2 (continued)
NOTE 3
NOTE 4
NOTE 5
NOTE 6
NOTE 7
NOTE 8
PAGE 07
The State of California has conforr:~d to the Federal law for
the purposes of passing through income and losses to
shakaholdkrs. However, S coxporat:..m is subject to a 1 l/2%
tax or the minimum franchise tax ol:‘ $80~1. State income taxes
are estimated based on current net i?rofite.
This represents purchases of marker:.able securities. The Eair
market value of thaee securities al: June 30, 2000 arc $4,816
EC!!&i
Goodwill is derived from+ the transf+r of licenses and expertise
of one of the Compcnyls shareho1der.p for the issuance of one
half of the capital stock in the formation of the Company.
Loans OayabAe
The Company ha8 an unsecured line cl:E credit with Washington
Mutual for $65,000. Interest oE l:i.S% is being paid on any
unpaid balances. The Company has r:bade some cash advances from
American Express in conjunction wit;2 normal activities.
Leases and ~~tments
The company is committed on two leases for the rental office
space. The Company also have several automobile and truck
leasing outstanding. The comitmenzs for leases greater than
one year in duration are as followr:::
St#ice SoaCe Auto/Truck
Balance of 2000 $25,199 $18,177
2001 34,423 26,448
2002 2,848 13,195
The shareholders elected to distrihze some dividends on part
of the earnings generated from the :xeiness this year.
Emdon ~4.3~ A profit sharing plan was Bet up fnr the benefit of eligible
employees in 1999. A contribution ';o the plaza is contingent
upon the availability of funds ad the discretion of
management. As of this date,no conrribution other than a
minimum deposit has been made. Any #contribution that may be
made will not have an effect on current earnings and will apply
to 1999 net income. '.
(See accountants' review report)
LEVY. SAPIN, KO, MOSS & FREIEMA~ l CERTIFiEE~ PU8LIC ACCOUNTANTS, INC.
-
f!d/23/2001 11: 32 5624044622 AMERICAN RESTORATION PAGE 08
I r,EVY SAPIN, KO, MOSS & FREELW
.J/LLlAV1L. LEvY# C.?.h. A>iDRJZ’;W P, S.4PlNv C.PA ST&\% c. lxx C,P.A. *\~RTI;u A. iwxis. C.P.A &J’lT A. Flti%!&W, Cs PaA,
Board of Directors
American Restoration and Construction, Inc.
Lcs Angeles, California
Ths euErplementaq- information included in t& accompanying ac%3Jules
for the six months edcled June 30, 200G is p::-jssented only for analysis ,burp~seo and has not been subjected to the i,nqdiry and analytical
procedures applied to the basic finaxxial staferzents; but was
compiled from information that is the repsetrz?ntaticn o?Z management,
without audit cr review. Accordingly, we ‘dc not express an opinion
or any other fcrm of assurance on silch infO2mation.
LEVY, SAPIP:;, KO, MOSS 6r FREE&RN
Certified Public Accountants, Inc.
By ~.izk .Lc.
August 16, 2000
-6-
\ :
4221 WlLSHlRE BCXILEV.%RD, SUITE 430 a LOSANCELES. CALIFORhrIA9C010 ' (3237 936.8256 * PAX !325) &.2649
81/23/2ErBl 11'3q . .L 5624044622 AMERICAN RESTORATIrjN
- t 22 Jzzc3A:v
{unaudited)
P&E 09
A.O. Reed
Hansen Dam Recreational Lake Phare II
Kern Cormurlity College
Madrid Apartments
Mt. Empire High School District
Oceanside Sunshme ~3rooks Theater
Orange Cost College
Pales Verdes Parking Lot
Pal08 Vezdes Peninwla
R-q Mall San :4arcos
san'mcinto mtudil'lo wwse
San Marco6 Bradley Park
SDSU Pecks
SDSU Replace Deck Coatiqs ?&wsr Hall
SDSU El Tower Zura Kall 5112
SDSU Villa Alvssado
SDS3 Zura H&111. Paixating
WCSD Thornton HxpitaX
Various Jobs Under $100,000
Revemi~ --.
112,761:@
537,38:I
d21,495.
124,SOC~
469,f2S
326,05i.
2%5,25t:
132,55';
256,07,1.
459,695
313,597
337,261
x60,035
133,6Sl,
2'73,145
187,8O'i.
155,10!
215,06C,
649, 581
cost --
98,238 14,522
103,lPO 29,272
42'6,555 (105,060~
132,743 18,243)
414,269 54,859
273,866 52,192
258,868 26,388
x30,ess 2,[198
216,375 37, es9
409,673 50,023
275,202 36,395
283,173 54,091
133,350 26,688
110,957 22,694
213,699 59,450
136,927 50,875
124,203 30,900
201,054 14,006
470,999 170,582
Profit
5,040,Lrl4 4,420,52X =- 627., 633
(See accompanying notes and accountants' report 013. supplementary information)
-7-
LEW, SAPIN, 303, MOSS & FREEMAh' l CER'IIFIED PUBLIC ACKUNTANTS, INC.
11:32 5624044622
JJ
8
I
u
::
VTlQr4-4QQQQ&4~ z;r e v me4 . . x:: N‘ N’ f 2 mdocomvulboP e4O~NulvqmP0e d70nmdQQQwV . . -. . m’ a- Lc: Ii* In m* ul 0 0’ 0 n ~““~“fil-“XlD”
PwOO*q@*N~de nNa+-4tn*4nQe4U V~~Ln~~~~Vol~ . 1 . . . . . . . . -vV~~“~r!“““U m(D
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msemom~mvnb N,,Q‘T’=V,4i-“,m~ qo~o~~mmriHh ..-. r......
aQ~~Oo0w~r-m ooo~Qoade4ww ocnmn00nOnw . . _I I u c) r- u) 4. 0’ r( d r= 0. e rllfte”4?Jr~g’ .
MERICAN RESTORATION I
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LEVY, SAPIN, KO, MOSS & FREEMAN l CERTIflEl.;l PUBLIC ACCOUNTANTS, INC,
PAGE 10
0 0
2
0
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0 0
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Mar 30 01 02:nsa
~~U!gUSCO Insuranc =e Agency 707-374-6804 P-3 .:* ...=. ~~~~~~~~~~~~~~~~~~
.+-“=’ (!07)37+6309 FAX (7b/)374-6804 s . . __...__._~~~ UI Y iNlY CONFERS NO RlGffTS Uf _._ . __ _ _. X-M ‘iHE CERTlFlCATE I ,usto Insurance Agency HCikR.?HlS CERTIFICATE DOES NOT AMEl NO, EXTEND OR
32 N. From St. ALTER THE COVERAGE WFUKLJtU BY I nt r’OLH;iES BELOW.
P.O.Box 816 lznDl-NN~ PnvpQb~:F COMPAbJiES AF. vv\Y.,.v vwv.-.yy- _ _ _ _, . -. _ _.. Rio Vista. CA 94571 COMPANY Royal Surpl ti<. Link Insurance Company I AttK
m&nti American Restor n -
Ed A _ . . ..__ . . .__.-.. _.-. . . . -. -. ..vj. - ._-.. -. - __. _ _ Gal Insurance Company’ __ .
atIon & Const Inc.
137 North Larchmont Blvd.
4717
COMPANY Everest Natil
B .
COMPANY
Los Angeles, CA 90004
=...._, .~. _ ._~ .._ ~.
TIlli IS TO CERTlii T&%U! P&ClES OF INSURANCE LlS?ED BELOW HAVE BEI% IsSUBD TO THiltiSURED NAMED iBOVE FOR THE POIJCY PERIOD
INDICATBD, NOTWFTHSTANDING ANY REQUIREMENT, TERNI OR CONDiTlON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPBCT TO WHICH THIS
CERTlFlCATE MAY BE ISSUED OR MAY PERTAUJ, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO AU THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMFTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAfblS. - . . . _ .._. _ _ ._ . _ . _
TYPE OT ltwmAwcE WLICY 6unlBt?R QoLIcY RFECTIVE POLICY UPlftAlION
MT6 (mm OAT6 (rmflmw) LuAlTS
06NBML LlmlLrn
x COMMERCIAL GENERAL LIABLLITY ..c..-
* &’
x
CINMG MADE ’ x OXUU KZB513760
OWNER’S 6 CONTRACTOR’S PROT
GENERAL AGGREGAlE f
PROOUCTS - CoMPloP 4GG 5 ..- ._ . __.-
04/06/2000 04/06/2001 ~~,=;;~J”” :
FIRE DAMAGE (Any one hm) S
MED EXP (Any ora prscn) S
2,000,0(
_1,000,0( ..- -. -. 1,000,0c
1,000,0( . . -. 50,oc
1,oc AUmlNL6 IJAW
1 x 4NYAUlU COMBINED SINGLE LIMIT S 1,000, oc A PlL OWNED AUrOS .99Wf$JRY S
3400000050-001 04/06/2000 04/06/2001 --
x NO-AUTOS
BODILY INJURY (Per accident) a
.
PROPERTY DAMAGE s
omAoc LlAnKm AUTO ONLY I3 ACCIDENT S
ANY AUTO OlHERTH4NAUlOONLY: -” .c. i ‘. -i-‘ .,qy-; F,,
EACH hcc10ENT s
AGGREGATE S
Excus l.lMlLKr
UMBRELLA FORM
OTHER THAN UMBRELLA FCRM
WDRUBRS CowFwasAnoN AND EMPLovuRI’ Llmll.m
THE PROPRIETOR/
PAi?lNERSTEXECWVE INCL
OFFICERS ARE: EKCL
OTHER
EACHOCCURRENCE s
AGGREGATE s
S
WC STATLL om- TORY LIMITS ER :.I:‘ “:,c
EL EACH ACCIDEW 0
EL DISEASE- POLICY UMK a
EL DISEASE. EA EMPLOYEE 5
DLSCRIPTUW OF OPSMT*IWBMcATIoYsNEHDLBsNpL#lrL IT- ‘ALL CALIFORNIA OPERATIONS
iCERTIFIC4TE HOLDER IS SHOWN AS ADDITIONAL INSURED PER Al-l’ACHEV FORM.
CERllFICATEHOLD~ ‘.i ,;-?S : ;.. ::: .: .mTIPN - .’ : ; ,. .: _,.. __-,._
SIWJLD AWT OF TliE MOVE DESCRIBED POLICIES B6 CANCEU.60 66tORE THE
EXPIRATION DATE THUEOt, TWO IssUINO COWAW WILL ms MAIL
CITY OF CARLSBAD 30 DAYS WRltrM NOlICE TO TW CERTIFICATE HOLWR RAM6D TO THE LEFf.
Al-l-N: RUTH FLETCHER ~~~~M~m~~-
1635 FARADAY AVE. CARLSBAD, CA 92008-7314
&CORD2&6~1196) ‘:::;.,‘,‘:,,;,;:,: -.: ... : ,, -,:: -:.. ;
Mar 30 01 02:06p Rugusta Insurance flgency
. * 707-374-6804
A ?
/4 -.
AhEIUCAN RESTORATION & CONSTRUCTION, INC.
POLICY NUMBER: KZB5 13760 COMMERCIAL. GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies Insurance provided under the following.
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Orgrnization:
THE CITY OF CARLSBAD, IT’S OFFICERS,
AGENTS AND EMPLOYEES
(.i.f no entry appears above, information required to complete this endorsement will be shown in
the Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or
organization shown in the schedule, but only with respect to liability arising out of your ongoing
operations performed for that insured.
P-4
CG20 10 1093 Copyright, Insurance ServicesQffice, Inc. 1992
Mar 30 01 02:06p flugusto Insurance flgency h ’ 707-374-6804 p-6
5-16-c), ‘,D:i?fJAM:cIFy o+ Crrlrbncf :1 750 GO’ 6c.66 ‘V 2 / 9
Ct-l’Y OF CARISBAD SURPLUS LINE BROKER AFFIDAWT
Broker Name;
Address:
Ciry/State/Zip:
Date:
Projccc Name: ~-
l&e of hwrance: _. G/L,
I certify that is rhe Broker of Record for
(“Conczacct;r”) who is required tc provide insurance under rhe s@f?cationr
of the above contract. I further tee that as Broker of Record for Contractor, 1 have cmtacnd
the insurance companies listed below, alI of wham meet the City’s requirements included in
Resolution No. 41-40 3 and all of whom have refused to write the required polity due W the
type of risk involved
Insurance Carrier:
Name of Conracc:
Address:
Date:
Reason for Refusal;
Besr’s Racing
Insbrance Ctier:
Name of Contact:
Add*ss:
Date:
Reason for Refusal:
Beds Rating .
-1
Listed by !:tate hsuran~c I --I_
Commissic ner (Yes/No)
-----
Listed by State Insurance - .t -- . Lonlmzssioner (Yes/No)
Mar 30 01 04:03p 3-30-o ! ; 2:~13Pl\l;Clts Of c3r150eci P.2 ; 1 760 GO2 ~3.355 if .I, 5
r->’ .
EXHJBJTA
CITY OF CARLSBAD SURPLUS LINE BROKER AFFIDAVIT
Broker Name:
Address :
City/State/Zip:
Date:
Project Name:
Type of Insurance:
- Besfs Rating
6&rfi /‘%f is the Broker of Record for /?@m& (“Contractor”) who is required to provide insurance under the specifications of the above contract. J further certify that as Broker of Record for Comacror, 1 have contacted the insurance companies listed below, alJ of whom meer the Citys requirements included in
Resolution No. 9/- W3and al) of whom have refused to write the requited pohcy due to the
type of risk involved.
Insurance Carrier:
Name of Contact:
Address:
Date:
Reason for Refusal:
Best’s fia dng
Insurance Carrier:
Name of Contact:
Address :
Dare:
Reason for Refusal:
k!L Listed by State Insurance !y@
Commissioner (Yes/No)
Listed by State Insurance
Commissioner (Yes/No)
Mar 30 01 04:04p P-3
.’
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,
Name of Contact:
Ii!!?
/ i&o& GMW&
Address: h\ bx 2-yaab -$&, cjt, 9~~acc~~“”
Date: y- p-o/
Reason for Refusal: c-l&55- o&d !e?$=&fJ
Best3 Rating ALI!- Listed by State Imurance ZE C~tisioner (Yes/No) I
Contractor is requesting that tht: City accept &q~any who is a surpIu.s
line carrier having an A-:V or bea:er rating in the most recent issue of Be&k Rating Guide and who has an office within the Srao: of Califotpia at the following address in order fo effect service of process.
Name of Surplus
Line Carrier:
Address:
City/State/zip:
Address rq effed Service of Process within the State of California.
Name: LW- -
!fkL ik!,?L
/4it%aY l&C
Address: 6
City/Stare/Zip: R/u l.wA, t-A,* 9Y57~
I certify under penalty of pcjury that the foregoing facts are true and correct
Dated:
Signed:
. . .
,-
STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807
COMPENSATION
- INSURANCE FUND CERTIFICATE OF WORKERS COMPENSATION INSURANCE
JANUARY 24, 2001 P*L'CYNUMEER: 229-01 UNIT 0019825 CERTIFICATE EXPIRES: l-l-02
r
CITY OF CARLSBAD
1635 SARADAY AVE
CARLSBAD CA 92008
JOB: SEAWALL STAIRWAY REPAIR
L
-
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This is to certify that we have issued a valid Workers’ Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon fi days’ advance written notice to the employer.
We will also give you $N days’ advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the
policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with
respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies
described herein is subject to all the terms, exclusions and conditbns of such policies.
is---d-
AUTHORIZED REPRESENTATIVE
. K-
AUTHORIZED REPRESENTATIVE PRESLDENT
EMPLOYER’S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $l,OOO,OOO PER OCCURRENCE.
. K-
PRESLDENT
EMPLOYER’S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $l,OOO,OOO PER OCCURRENCE.
ENDORSEIIENT 42065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE Ol/Ol/Ot IS ATTACHED TO AND FORMS A PART OF THIS POLICY.
EMPLOYER
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AFlERICAN RESTORATION AND CONSTRUCTION
137 N LARCHMONT STE 212
LOS ANGELES CA 90004
#FUN0 -l’,uc zrr,ct
r SAk c l *tic;sca
-
ENOORSEMENT AGREEMENT
A.,, E’*?C’:VL arrtt ARE A- ‘2 2’ AU l rC:rlc S’A\;AhJ ‘.UE 2R T-E - - UC 431CAtE5 A.’ PAc;t ; S?A’,aAa$ ‘!uE
.~&>-=‘.-‘c :S E-‘;j ?OUCj’ TO I ..A. TE CO!‘--ZARY SO’FATXSi.L\DISL’G ;T
IS .iG?LED ?iAT T” diS TO’JCI’ SSALL SOT 3E C;LVCFT r F3 t3TL
.4-C? x=--y . . . . .-I SOifCZOi:SUCHC.~CETr~OS~ BEES?T-\CED I?: -LG: !*!..iIL 3'fST.iTE F7,?;3TOCt?lRE~l~OL;DEISSOFCER~~iC.~~13f . ..- Jya ?.;czj' 1: Ol!?ES%T:OS ISSLXLYCE.
SPECIMEN
NOTHING IN THIS tNOORStMENt CONTAINED SHALL )I HELO TO VARY. ALTER, W*fvE
On EXTENO ANY 0s TW TERMS. ~NOITIONS. AGREfMtNTS. OR LIMlTATiGNS OF TM
mLlcY OTHER THAN AS AaOV$ ETAt$o. NOtHllNG EUIwnERI IN THIS POLICY SHALL EE
HELO TO VARY, ALTER. WAIVE OR LIMIT Trill TERMS, ~NOltlON& AGREEMENTS On LIMI*
TATIONS OC Twt ENOORS~MINT.
COUNTERJICNEO AN0 IWEO AT m CRANCIxO: 2065
*.
+----
CRESIOEW
CONTRACT
PUBLIC WORKS
This agreement is made this 18 day of ti w ,2Ofi, byand
between the City of Carlsbad, California, a municipal co oration, (hereinafter called “City”),
and AMERICAN RESTORATION & F ONSTRUCTIQ.. Al ‘o&$incipal place of business is
SUITE #212, 137 NORTH LARCHMONT, LOS ANGELES, CA 90004
called “Contractor”).
(hereinafter
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contract documents
for:
SEAWALL STAIRWAY REPAIR
CONTRACT NO. 3519
(hereinafter called “project”)
2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools,
equipment, and personnel to perform the work specified by the Contract Documents.
r 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting
Bids, Contractor’s Proposal, Bidder’s Bond, Designation of Subcontractors, Designation of Owner
Operator/Lessors, Bidder’s Statements of Financial Responsibility, Technical Ability and Experience,
Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and
Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and
Supplemental Provisions, and all proper amendments and changes made thereto in accordance
with this Contract or the Plans and Specifications, and all bonds for the project; all of which are
incorporated herein by this reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or
specified, but which are essential to the completion of the work, shall be provided at the Contractor’s
expense to fulfil1 the intent of said documents. In all instances through the life of the Contract, the
City will be the interpreter of the intent of the Contract Documents, and the City’s decision relative to
said intent will be final and binding. Failure of the Contractor to apprise subcontractors and
materials suppliers of this condition of the Contract will not relieve responsibility of compliance.
4. Payment. For all compensation for Contractor’s performance of work under this Contract, City
shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for
Public Works Construction (SSPWC) 2000 Edition, hereinafter designated “SSPWC”, as issued by
the Southern California Chapter of the American Public Works Association, and as amended by the
Supplemental 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.
Contract No. 35 19 Page 27 of 68 Pages
5. Independent Investigation. Contractor has made an independent investigation of the
jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of
the work, and is aware of those conditions. The Contract price includes payment for all work that
may be done by Contractor, whether anticipated or not, in order to overwme underground
conditions. Any information that may have been furnished to Contractor by City about underground
conditions or other job conditions is for Contractor’s convenience only, and City does not warrant
that the conditions are as thus indicated. Contractor ‘is satisfied with all job conditions, including
underground conditions and has not relied on information furnished by City.
6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging
trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any:
A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste,
as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law.
6. 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 rewgnized 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
/4 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 wntract, 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 1988 (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.
6. 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 wpy of a schedule of said general prevailing wage
rates is on file in the offtce 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.
Q 9/l 1 /oo Contract No. 3519 Page 28 of 68 Pages
/--.
9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and
indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in
connection with the performance of the Contract or work; or from any failure or alleged failure of
Contractor to comply with any applicable law, rules or regulations including those relating to safety
and health; and from any and all claims, loss, damages, injury and liability, howsoever the same
may be caused, resulting directly or indirectly from the nature of the work covered by the Contract,
except for loss or damage caused by the sole or active negligence or willful misconduct of the City.
The expenses of defense include all costs and expenses including attorneys’ fees for litigation,
arbitration, or other dispute resolution method.
Contractor shall also defend and indemnify the City against any challenges to the award of the
contract to Contractor, and Contractor will pay all costs, including defense costs for the City.
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
Resolution No. 91-403.
f-- (A) Coverages And Limits Contractor shall maintain the types of wverages and minimum limits indicted herein:
a. Comprehensive General Liability insurance: $1,000,000 combined single limit per
occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate
aggregate in the amounts specified shall be established for the risks for which the City or its agents,
officers or employees are additional insured.
b. Business Automobile Liability insurance: $1 ,OOO,OOO combined single limit per accident for
bodily injury and property damage. In addition, the auto policy must wver 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. The auto insurance certificate must state the coverage is for
“any auto” and cannot be limited in any manner.
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 ,OOO,OOO
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.
Contract No. 3519 Page 29 of 68 Pages
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 r completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to
the City, its officials, employees or volunteers. All additional insured endorsements must be
evidenced using separate documents attached to the certificate of insurance; one for each company
affording general liability, and employers’ liability coverage.
b. The Contractor’s insurance coverage shall be primary insurance as respects the City, its
offkials, 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 thirty (30) days’ prior written notice has been given 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-:V. 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 the City Council in Resolution No. 91403.
(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.
9/l 1 /oo Contract No. 35 19 Page 30 of 68 Pages
11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in
accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter I, Article 1.5 P (wmmencing with section 20104) which are incorporated by reference. A wpy of Article 1.5 is
included in the Supplemental Provisions I section. The contractor shall initially submit all claims over
$375,000 to the City using the informal dispute resolution process described in Public Contract
Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract,
all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California
Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit
for breach of this agreement.
(A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City
must be asserted as part of the contract process as set forth in this agreement and not in
anticipation of litigation or in conjunction with litigation.
(B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be
considered fraud and the Contractor may be subject to criminal prosecution.
(C) Government Code. Contractor acknowledges that California Government Code sections
12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a
false claim to a public entity. These provisions include false claims made with deliberate ignorance of the 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) Carisbad 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 subwntrac-
tor 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 ail provisions of Section 11 above. w init A& init
12. Maintenance of Records. Contractor shall maintain and make available at no wst 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---
13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section
1720 of the Labor Code are incorporated herein by reference.
a 9/l 1 /oo Contract No. 3519 Page 31 of 68 Pages
-- 14. Security. Securities in the form of cashcashier’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 wntract. 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. 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 othennrise, any such provision is not inserted, or is not
correctly inserted, then upon application of either party, the Contract shall forthwith be physically
amended to make such insertion or correction.
16. Additional Provisions. Any additional provisions of this agreement are set forth in the
“General Provisions” or “Supplemental Provisions” attached hereto and made a part hereof.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE AlTACHED
(CORPORATE SEAL)
CONTRACTOR:
b&P dz65b&h -~ ~~ -(name of Contractor) n ./ --H--
the
By:
By: ’ J> /&+x-
(sign here) ATTEST:
G-Q+ bJ&a=, cm
(print name and title)
President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under the corporate seal empowering that officer to bind the corporation.
APPROVED AS TO FORM:
RONALD . BALL ZTfLo;L
# 9/l 1 /oo Contract No. 3519 Page 32 of 68 Pages
State of California
L-us l!+lhd* County of
On 3-P-l -01
Date
personally appeared
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
Place Notary Seal Above
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: -
Document Date: -
Signer(s) Other Than Named Above:
Number of Pages:
Capacity(ies) Claimed by Sjslner
Signer’s Name:
0 individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
El Guardian or Cwnr
0 Other:
Signer Is Representing:
0 1999 National Notary Assmatvm * 9350 De Soto /we P.O. Box 2402 - Chatsworth. CA 913132402 - w.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1~800-976-6827
c
PREMIDMINCLDDED INPERl?ORl4ANCEBOND .P
LABOR AND fWATERlAL$ 8OND
WHEREAS. the CHy Council af ths City of CarIsbad, Stale of California, by RescWion No.
Bond No. 6070474
EXECUTED IN DUPLICATE
. adopW
American Restoration and Construction, Inc.
(hereinafter designaWl as the ‘Rinc@P), a Contract for:
, h8e awarded to
St!AWAU. STAIRWAY REPAIR CONTRACT NO. 3519
In the City of CarWad, in strict oonfarmity with the drawings and spwificat.ions, and other Contract Documents now on file in the office of the City Clerk of the City r$ CM&ad and all of which are incarponted herein by this reftrenee.
WHEREAS, Principal has c%ea&d or is about ta execute said CcWstct and the terma thered require the furnishing of a bond, pmvidhg that if Primclpal c% my of their aubconba~ shall lo1 to pay for any me&i&, provkions. provender or tier supplii of iems used in, upon car about the
petfmnue d the work agreed ta be done, w for any wrk or la&w dons therenn of any kind, the Surety on this bond till pay the sama to the extent hereinafter set torth.
NOW, THEREFORE, WE,, American Restoration and Construction, Inc. 2 First National Insurance aa Principal. (herebwftsrdeaignated~s theNContractor"], and -erica
as Surety, are betd firmty bound unto the City af C&bad in the aum of ‘JYlIRTy FIVE TIKXJSAND
on H[JNDRED S1xTy &Q) NO/lOO+**+*k*t*A*“************************ DOl$ffi
($ 35 ’ 160. OO****** ), said sum being an amount equal tcr:
One hundred percent (iOO?!%) af the t&al estimated amount payable under said contract by the City of Cart6t.W under the terms of the mnVar3 WlWn the total amaunt payable does not exceed five million dollars ($5.OOO,OW) W,
Ftitty percent (50%) of the total estttmted amount payabk under said contract by the City of Cariebed under the terms of the txntnact when the total amount payable is not less than five millian ddlars (sS,OW,OOO) and does not exceed ten miUian dolkm ($lO,OOO,OOO) or,
Twsrrty-five percent (25%) of the toW estimated amount pyable under said contract by the City of Car&bad under the terms of the contract if the oonbact exceeds ten millbn dollars ($lO,OOO,OOO)
and For which payment wetl and truty ta be made we bind ours&es, our heirs, executors and administrators, successors. or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS O6llGATlON IS SUCH that if the parson or his/her subcnMactors fail lo pay for any materials, provisions, provender, suppks, ar teams used in. upon, for, or about the performance of the work ca&actod b k dona. or for any other work or labor thereon of any kind, or fur amounts due under the Unemployment Insurance Coda with respect to such work of labor. OT for any amaunts requited ta be deducted, withhetd, and paid avsr trr the Employment Development lkqxrbnent from the wages d employees of the cmtractor and subcontractors pursuant to §&ion 13020 of the Unemployment Insurance Code with respect to such HlMk and labor that the Surety wlli pay tar the same, not to exa& the sun specified in the bond, and, also, In case suit is brought upon the bond, casts and reasonable expemes and bss, including reasonable attonsy’s fe%s, to be fiti by the court. as required by thm ptovbbnr d se&m 3246 of the California Civil Cod&
9111100 Contraot No. 3519 Paee33Of 88Pages
l .
l’hla bond shsll inure to the banefit of ?my and Al pers#rs, companies arld mrpo~iMs e&k! to file cl- under Title AS ot Part 4 of Dkkton 3 of the Civil Coda (cmmmendng with section 3082).
Sumty stiiulatas and agrees that rm change. exbmsion al thu?, altention or edditicm to the terms d the Co&ad, or ta Ute work to be pertormad thmmndar or the specificatlars accompanying the cane shall affect Its obflgaticm on this band, and It does &u&y waive mlii d any me, exterdan d time, atietatiins or addtim to the terms of the amtracf cx to the work or to the
specifications.
In the event that Conffaotm Is an individllal, H Is agreed tkt the death of any such Contra- shall nat ~~eraattthsSu~fFwnIt+oMigatiMlsuldsrthlp bond.
Exe&ad by CQHTRACTOR this 1, +?
dsYof n?w ch , ma.
CoNl-l?ACTOR:
AmericanRestorationandConstruction, Inc. -- f-f=
(print name hem)
Executed by SuPETYU?is 13th day
of March ,203
sum:
First NationalInsuranceCompanyof America
(name of Surety)
2677N.MainSt.,#600, Santa Ana, CA 92705
(sddress of surety)
714-437-3052
_ Atdephone number of Sure&)
w: (signatu~ c#Attomay-in-Faaty
Matthew R. Dobyns
(phted name of Atcomey-in-Fact)
(attach QodQaate rewluh 6hclwtng uJrrent power of atkmey)
(Propor notarial at&mWgment of axfmtbn by CONIRACTOR and SURt?TY must W attaohed.)
{Resident u viceqesident and secretaw or assidant secretary nwst sign for wrpcmtions. If only one Mcar Signs, the COrpQtation mat aUach a t@dufIM certified by the 8emta1y or asolstant rocretay under cofpomb seal empowerirg that oficer to bind the corpamtion.)
APPROVED A8 TO FORM:
Contract No. 3Sla PaQe34of 68Pages
;CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907
State of CALIFORNIA
County of owG~3
On 3-13-2001
DATE
personally appeared
before me, MARY MARTICNONI - NOTARY PUBLIC ,
NAME, TITLE OF OFFICER - E.G., “JANE DOE, NOTARY PUBLIC
MATTEIEWR. DOBYNS I
NAME(S) OF SIGNER(S)
q personally known to me - OR - q proved to me on the basis of satisfactory evidence
to be the person(g) whose name(s) is-
subscribed to the within instrument and ac-
knowledged to me that heHx&kqxexecuted
the same in his/l “’ ’ authorized
capacity&&, and that by his/I “’ ’
signature(3) on the instrument the person(%),
or the entity upon behalf of which the
person(g) acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL
0 CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
0 PARTNER(S) 0 LIMITED
0 GENERAL
k@ ATTORNEY-IN-FACT NUMBER OF PAGES
0 TRUSTEE(S) q GUARDIAN/CONSERVATOR
0 OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTlTY(IES)
FIRST NATIONAL INSURANCE __--__-__ SIGNER(S) OTHER THAN NAMED ABOVE COMPANY OF AMERICA __-
(01993 NATIONAL NOTARY ASSOCIATION 9 8236 Ftemmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-7184
- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
A 1
ss.
County of
On 3-dl-O/ , before me,
personally appeared 1 Name(s) of Signer(s)
% sonally known to me
0 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)
Place Notary Seal Above
OPTIONAL
Though the information below is not required by law, if may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name:
q individual
q Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
q Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
0 1999 National Notary Association * 9350 De Solo Ave.. P.0. Box 2402 * Chatsworth, CA 91313-2402 * wwmationalnotaryorg Prod. NO. 5907 Reorder: Call Toll-Free l-800-876-6827
POWER
OF ATTORNEY
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
4333 BROOKLYN AVE NE
SEAl-fLE, WASHINGTON 98105
4333 Brooklyn Avenue N.E.
Seattle, WA 98195 No. 10202
KNOW ALL BY THESE PRESENTS:
That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ***1*************************~********************************~~~~~~~(, D()oYNS; Full&on, aif-,+ :***~****,*1C****~**~********~***~*~*******~**~**~~****
its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fulty as if such
instruments had been duly executed by its regularly elected officers at its home oftice.
IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents
thii 3rd day of June *I999 .
R.A. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT
CERTIFICATE
Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA:
“Artide V, Section 13. - FIDELITY AND SURETY BONDS the President, any Wca President, the Secretary, and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriale titles with authority to
execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not
be necessary to the validity of any such instrument or undertaking.”
Extract from a Resolution of the Board of Directors of
FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 29.1970.
“On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By-Laws, and
(ii) A copy of the.power-of-attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Ccfnpany may be a facsimile thereof.”
I, R.A. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a
Resolution of the Board of Directors of lhis corporation, and of a Power of Attorney issued pursuant thereto, are true and cot-red, and that both the By-Laws, the
Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this 13th day of March , 2001 .
R.A. PIERSON, SECRETARY
S-1049/FNEF 7198
6WSS PDF
$506.00 PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT P TO ADJDSTI4ENT BASED IN FINAL CONTRACT PRICE Bond NO. 6070474
E2UXIJTED INDUPLICATE
FAITHFUL PERFORMANCE/WARRANTY BOND
WHEREAS, the Cl Council of the City of Car&bad, ‘Soate af California, by Resolution
No. ** adopted -, has awmled fo
American Restoration and Construction, Inc. , (hereinafter
d#@t?atfA a8 the “Principal”). a ContraCt foe
SEAUVALL 8TAlRWAY REPAIR CONtRACT NO. SSl9
in the City 65 Caflsbad. in sbict cunformhy wilh VW) oon%~ct, the drawings and specificationS, and ~thw Coti Docu~nts PW on fik In the Uffke of the crty Clerk of the City of CarlsbacJ, ail of which ar(o inwrporaied herein by this reference.
WHEREAs, Principal has executed or is about to execute said Cnnb’act and the terms then& requira the furnishing of a bond far ti faithful perlixmance and warranty d said Contract;
~w,T~~~F~RE,~,AmericanRestorationandConstruction, Inc. uspfi~pal,
(heielnafter Uesignsted as the I%ontado~), and First National Insurance CaPanY
of America , aa Surely, an9 held and fmnly bound unto the City of Catisl%d,
TRIRTY FIVE TROUSAND in the sum of ONE HUNDRED SIXTY DC&IS {$35,16O=OO****k) said sum being aqual
ta one hundred percent (100%) of the estimattxi amount of the Cantract, ‘tc~ be paid to City or its cerlain attorney. Its successors and assigns; fc% which patyrnenf, well and truly to be made, we bind
0urs6h%s, our heirs, txexutora and administra&s, succe~sc~w or ass’gns, jointty and severally. fiftnlyty these presents.
THE CONDITION OF THIS OBLlOATIO,N IS SUCH that if the &ove bounden Contractor, their heirs, executors, admtnistrators, 6ucce66013 or assigns, shall In all things stand to and abide by, and well end truly keep and perfon the covenanta, condition& and agreemrants in the Contract and any altertion thereof made aS therein pKNided on their part. to be kept and perbrmed at the Mma and in the manner therein spedfmd, and in 1 rqects according to their true intent and mean@, and
shall Indemnify and save harmless the City of Carl&ad, ite clfficets, err&yeas and agents, BEI thereon stipulated, then this obl@ation shall become nutl and void; otherwise t shall remain in full force and effect
A6 a part of the obligation sexured hereby and in addition to the faoe amount specitied therefor, there shall be inrhkd cc&s and res~ansbls expenses and fess, including reasor@ble aty’s fees, lna~rred by the Ci in sumssfully enforchg such obligation. all to bet laxed aa wsb and included in any Judgment rcmdered.
Surety stipulates and agrees that no obange. octetion of tfrne, alteration or addition to the terms of the Contract, tx to the work ta be performed thereunder M the specifiitions accompanying the LPame shall affect Its obtlgatlone cm thk bond, and It dOe6 hereby waive notice d any Mange, sxtenslon af titne, altar&m or addition to tha terms of the cmtrmt or ta the work or to the SpeciflGations.
a 9flifoo Contmot No. 3519 Page35of 68Pagfm
In fhe want that Contractor is an individual, it 4 agreed thaf the do&h of any such Contractor shall not exonerate the Swety frarn its obllg&ions under this bond.
Executed by CCBJTFMCTOR this IP Exeaded by SURElY this 13th day d
day of hwh ,206-J. March ,200l -*
CONTRACTOR SURETY:
AmericanRestorationandConstruction, Inc. FirstNational InsuranceCompanyof America
(name of Conhdor) /
By: .?-.i-Gti - @w k@
(name of surety)
2677 N. Main St., 1600
Santa Ana, CA 92705
(amma6 of Smty)
714-437-3052
(tafy$one numbsr of Surety)
By: &iii@ a-e$L (dgnatute of Attorney-kkFiib)
Matthew R. Dobyns
(printed name of Attumey-lel=act)
\(Aft=h #rrp#ate resddi~n showing current - &., cw &-& (&&~~-omev.)
(Title srfd Organiition of signatory)
(Proper notarial actmawtedgrnent of wecuflon by CONTRACV3R and SUREi?’ must be attached.)
[FWident or vice-president urd secretzuy or assistant secWary must sign for axpwtions. If only one offker signs, the corpor&n nwst attach a reaohkn certikd by the secretary or assistant secretary under atrpcvate seal empowwi~ that ofiicer b bind the mtpcMon.)
APPROVED AS 10 FOFMz RCWUDRIBALL
,r
a WI i/o0 Contract No. 3519 Page36 of 68 Pages
*CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907
C
State of CALIFORNIA
County of oRAM
On 3-13-2001
DATE
personally appeared
before me, MARY MARTIGNONI - NOTARY PUBLIC I
NAME, TITLE OF OFFICER - E.G., “JANE DOE, NOTARY PUBLIC”
MATTREWR.DOBYNS , NAME(S) OF SIGNER(S)
q personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(g) whose name@) is-
subscribed to the within instrument and ac-
knowledged to me that hetwexecuted
the same in his/r ‘*’ ’ authorized
capacity(hglrgt% and that by his/l “’ ’
signature(q on the instrument the person@),
or the entity upon behalf of which the
person(g) acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF AllACHED DOCUMENT
q INDIVIDUAL
0 CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT TITLE(S)
0 PARTNER(S) 0 LIMITED
0 GENERAL
B ATTORNEY-IN-FACT NUMBER OF PAGES
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
FIRST NATIONAL INSURANCE SIGNER(S) OTHER THAN NAMED ABOVE CONPANY OF AMERICA
01993 NATIONAL NOTARY ASSOCIATION 06236 Remmet Ave.. P.O. Box 7164 l Canoga Park, CA gi3gg-7164
- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
s kiAAzlPs !
>
ss.
County of
personally appeared Name(s) of Signer(s)
rsonally known to me
0 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, fytecuted the instrument.
Place Notary Seal Above
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name:
q Individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
Top of thumb here
0 1999 Natmnal Notary Association * 9350 De Solo Ave.. P.O. Sax 2402 - Chatswotih. CA !31313-2402 - wwwnationalnotaryorg Prod. No. 5907 Reorder: Call Toll-Free I-000-0766827
OPTIONAL ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the City of Carlsbad whose
address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called “City” and
whose address is
hereinafter called
“Contractor and whose address is
called “Escrow Agent.”
hereinafter
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows:
1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California,
the contractor has the option to deposit securities with the Escrow Agent as a substitute for
retention earnings required to be withheld by the City pursuant to the Construction Contract
entered into between the City and Contractor for the SEAWALL STAIRWAY REPAIR, CONTRACT
NO. 3519, in the amount of dated (hereinafter referred to as the “Contract”). Alternatively, on written request of the contractor, the City shall make
payments of the retention earnings directly to the escrow agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days
of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of
the escrow agent in connection with the handling of retentions under these sections in an amount
not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention
under the terms of the contract between the City and Contractor. Securities shall be held in the name of the , 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
F-- withdrawal by Contractor at any time and from time to time without notice to the City.
9/l 1 /oo Contract No. 3519 Page 37 of 68 Pages
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account
- only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor.
7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days’ written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City.
8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.
9. The Escrow Agent shall rely on the written notifications from the City and the contractor
pursuant to sections (1) to (8) inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent’s release, conversion and disbursement of the securities and interest as set forth above.
10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and
exemplars of their respective signatures are as follows:
For City: Title
For Contractor:
For Escrow Agent:
Name
Signature
Address
Title
Name
Signature
Address
Title
Name
Signature
Address
At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent
a fully executed counterpart of this Agreement.
e 9/l 1 /oo Contract No. 3519 Page 38 of 88 Pages
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the
date first set forth above.
For City: Title
Name
Signature
Address
For Contractor:
For Escrow Agent:
f”
9/l 1 /oo
Title
Name
Signature
Address
Title
Name
Signature
Address
Contract No. 3519 Page 39 of 68 Pages
SUPPLEMENTAL PROVISIONS
FOR
SEAWALL STAIRWAY REPAIR
CONTRACT NO. 3519
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART 1, GENERAL PROVISIONS
SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS
14 TERMS
Add the following section:
l-1.1 Reference to Drawings. Where words “shown -I “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.
Add the following section:
11.2 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.
Add the following section:
l-l .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.
Add the following section:
l-l.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.
l-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be
exclusively defined by the definitions assigned to them herein.
Agency - the City of Carlsbad, California.
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.
9/l 1 /oo Contract No. 3519 Page 40 of 68 Pages
Dispute Board - persons designated by the City Manager to hear and advise the City Manager on
rc claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute
resolution.
Engineer - the Public Works Director of the City of Carlsbad or his/her approved representative.
The Engineer is the third level of appeal for informal dispute resolution.
Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original
Contract Price bid.
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 of the Standard Specifications and these Supplemental Provisions.
Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided
who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee
of the Agency or a public utility.
Public Works Manager - The Construction Manager’s immediate supervisor and second level of
appeal for informal dispute resolution.
P Project Inspector - The Engineer’s designated representative for inspection, contract
administration and first level for informal dispute resolution.
Construction Manager - The Project Inspector’s immediate supervisor and first level of appeal for
informal dispute resolution.
l-3 ABBREVIATIONS
l-3.2 Common Usage, add the following:
Abbreviation Word or Words Apts ...................................... Apartment and Apartments
Bldg ...................................... Building band Buildings
CMWD .................................. Carlsbad Municipal Water District CSSD .................................... Carlsbad Supplemental Standard Drawings
CfS ......................................... Cubic Feet per Second
Comm ................................... Commercial DR ........................................ Dimension Ratio
E
........................................... Electric ........................................... Gas
gal ......................................... Gallon and Gallons Gar ....................................... Garage and Garages GNV ...................................... Ground Not Visible
BEP” ...................................... gallons per minute
.......................................... Invert Elevation LCWD ................................... Leucadia County Water District MSL ......................................
MTBM
Mean Sea Level (see Regional Standard Drawing M-12) ................................... Microtunneling Boring Machine
9/l 1100 Contract No. 3519 Page 41 of 68 Pages
NCTD .................................... North County Transit Distrct
OHE ...................................... Overhead Electric
OMWD .................................. Olivenhain Municipal Water District
ROW ..................................... Right-of-Way
S ........................................... Sewer or Slope, as applicable
SDNR ................................... San Diego Northern Railway
SDRSD ................................. San Diego Regional Standard Drawing
SFM ...................................... Sewer Force Main
T ........................................... Telephone
UE ........................................ Underground Electric
W .......................................... Water, Wider or Width, as applicable
VWD ..................................... Vallecitos Water District
SECTION 2 -- SCOPE AND CONTROL OF THE WORK
29 SUBCONTRACTS.
23.1 General, add the following: 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 to 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 City Council 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 City Council and shall be notified ten (10) days in advance of
the time and location of said hearing. The determination of the Cii Council shall be final.
24 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, “who is listed in the latest version of U.S. Department of Treasury Circular 570,“.
Modify paragraphs three and four to read: 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 the amount of 100 percent of the contract price. The
Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount
equal to:
1) One hundred percent (100%) of the total amount payable by the terms of the contract when the
total amount payable does not exceed five million dollars ($5000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total
amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million
dollars ($1 O,OOO,OOO).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the
contract exceeds ten million dollars ($lO,OOO,OOO).
Both bonds shall extend in full force and effect and be retained by the Agency during this project
until they are released according to the provisions of this section.
The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year
warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The
bonds to secure payment of laborers and materials suppliers shall be released six months plus 30
days after recordation of the Notice of Completion if all claims have been paid.
?a 9/11/00 Contract No. 3519 Page 42 of 68 Pages
Add the following: Ail bonds are to be placed with a surety insurance carrier admitted and F 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 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 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.
2-5 PLANS AND SPECIFICATIONS.
2-5.1 General, add the following: The specifications for the work include the Standard
Specifications for Public Works Construction, (SSPWC), 2000 Edition, hereinafter designated
“SSPWC”, as written and promulgated by Joint Cooperative Committee of the Southern California
Chapter American Public Works Association and Southern California Districts Associated General
Contractors of California, and as amended by the Supplemental Provisions section of this contract.
The construction plans consist of Appendix A (3 sheets). The standard drawings used for this project
are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated
SDRS, as issued by the San Diego County Department of Public Works, together with the most
recent editions of the City of Carlsbad Supplemental Standard Drawings, hereinafter designated as
CSSD, as issued by the City of Carlsbad and the Carlsbad Municipal Water District Standard Plans
hereinafter designated as CMWDSD, as issued by the Carlsbad Municipal Water District. Copies of
some of the pertinent standard drawings are enclosed as an appendix to these Supplemental
Provisions.
2-5.2 Precedence of Contract Documents, modify as follows: 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) Supplemental Provisions.
3) Plans.
4) Standard Plans.
a) City of Carlsbad Supplemental 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) State of California Department of Transportation Standard Plans.
5) Standard Specifications for Public Works Construction.
6) Reference Specifications.
7) Manufacturer’s Installation Recommendations.
Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will
take precedence over items 2) through 7) above. Detailed plans and plan views shall have
precedence over general plans.
?3 9/11/00 Contract No. 3519 Page 43 of 68 Pages
2-5.2 Precedence of Contract Documents, add the following: Where CALTRANS specifications
c are used to modify the SSPWC or added to the SSPWC by any of the contract documents the
CALTRANS specifications shall have precedence only in reference to the materials and construction
materials referred to in the CALTRANS specifications. The Invitation to Bid, Contract for Public
Works, Part 1 of these Supplemental Provisions and Part 1 of the SSPWC, in the order of
precedence in section 2-5.2 of the SSPWC, shall prevail over the CALTRANS specifications in all
other matters.
2-5.3.3 Submittals, add the following: 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: .
Add the following:
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 therefor.
e 9/l 1 /oo Contract No. 3519 Page 44 of 68 Pages
240 AUTHORITY OF BOARD AND ENGINEER.
Add the following section:
240.1 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.
Add the following section: 240.2 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.
SECTION 3 -- CHANGES IN WORK
3-2 CHANGES INITIATED BY THE AGENCY.
3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in
quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of
contract unit price for such items will be limited to that portion of the change in excess of 25 percent of the original quantity listed in the Contractor’s bid proposal for this contract. Adjustments in
excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra
Work.
33 EXTRA WORK.
3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: 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.
Contract No. 3519 Page 45 of 88 Pages
3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following:
(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.
@I 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, add the following after the second sentence: 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.
34 CHANGED CONDITIONS.
Delete the second sentence of paragraph three, delete paragraph five (5), and add the following:
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-I 2655.
Contract No. 3519 Page 48 of 88 Pages
“The undersigned certifies that the above statements are made in full cognizance of the California /A False Claims Act, Government Code sections 12650-12655. The undersigned further understands
and agrees that this potential claim, unless resolved, must be restated as a claim in response to the
City’s proposed final estimate in order for it to be further considered.”
By: Title:
Date:
Company Name:
The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor
shall submit substantiation of its actual costs to the Engineer within 20 working days after the
affected work is completed. Failure to do so shall be sufficient cause for denial of any claim
subsequently filed on the basis of said notice of potential claim.
It is the intention of this section that differences between the parties arising under and by virtue of the
contract be brought to the attention of the Engineer at the earliest possible time in order that such
matters be settled, if possible, or other appropriate action promptly taken.
3-5 DISPUTED WORK.
,r
Add the following: 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.
Delete second sentence of paragraph one and add the following: 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. Public Works Manager
4. Public Works Director
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
r in the contract.
G 9/I 1 /oo Contract No. 3519 Page 47 of 68 Pages
.-
All claims by the contractor for $375,000 or less shall be resolved in accordance with the
procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below:
ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS
20104. (a)(l) This article applies to all public works claims of three hundred seventy-five thousand
dollars ($375,000) or less which arise between a wntractor 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)(l) “Public work” has the same meaning as in Sections 3100 and 3106 of the Civil Code, except
that “public work” does not include any work or improvement contracted for by the state or the Regents of the University of California.
(2) “Claim” means a separate demand by the contractor for (A) a time extension, (B) payment of
money or damages arising from work done by, or on behalf of, the contractor pursuant to the
contract for a public work and payment of which is not otherwise expressly provided for or the
claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local
agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications
for any work which may give rise to a claim under this article.
(d) This article applies only to contracts entered into on or after January 1, 1991.
20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim.
Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to
extend the time limit or supersede notice requirements otherwise provided by contract for the filing
of claims. (b)(l) 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)(l) 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
F-= 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
9/l 1 /oo Contract No. 3519 Page 48 of 88 Pages
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.
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 nonbinding 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)(l) 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.
Contract No. 3519 Page 49 of 68 Pages
SECTION 4 - CONTROL OF MATERIALS
4-l MATERIALS AND WORKMANSHIP.
4-1.3.1 General, add the following: 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, dewatenng and all elements pertaining to the
safety of persons as contained in the State of California, California Code of Regulations, Title 8,
Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety
Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with
such information as may be necessary to keep the Engineer fully informed regarding progress and
manner of work and character of materials. 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 fulfil1
this Contract.
4-1.4 Test of Materials, delete the phrase, “and a reasonable amount of retesting”, from the third
sentence of the first paragraph.
add the following: Except as specified in these Supplemental 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 and the
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
F-- any time during their preparation and use. If, after incorporating such materials into the Work, it is
found that sources of supply that have been approved do not furnish a uniform product, or if the
product from any source proves unacceptable at any time, the Contractor shall furnish approved
material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be
removed from the project site all at the Contractor’s expense.
Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the
requirements of the specifications shall be borne by the Agency. Said tests may be made at any
place along the work as deemed necessary by the Engineer. The costs of any retests made
necessary by noncompliance with the specifications shall be borne by the Contractor.
4-1.6 Trade names or Equals, add the following: 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.
G 9/l 1 /oo Contract No. 3519 Page 50 of 68 Pages
Add the following section:
P 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE.
The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the
quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate,
remove and dispose excess of all materials used to accomplish the Work. Materials shall be
delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be
accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor
as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped
to or by the Contractor to any location within the Agency’s boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The
lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within
the time allowed for the Work. All such storage shall conform to all laws and ordinances that may
pertain to the materials stored and to preparation of the storage site and the location of the site on
which the materials are stored. Loss, damage or deterioration of all stored materials shall be the
Contractor’s responsibility. Conformance to the requirements of this section, both within and
outside the limits of work are a part of the Work. The Engineer shall have the right to verify the
suitability of materials and their proper storage at any time during the Work.
SECTION 6 -- PROSECUTION, PROGRESS AND
ACCEPTANCE OF THE WORK
r‘ 6-l CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.
Delete section 6-1 and substitute the following: Except as othewise provided herein and unless
otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within thirty (30) calendar days after receipt of the “Notice to Proceed”.
Add the following section:
6-l .l 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.
Add the following section: 6-l .I .l Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule at the pre-construction meeting.
Contract No. 3519 Page 51 of 68 Pages
Add the following section:
6-1 .I .2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall
prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the
precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall
depict a workable plan showing the sequence, duration, and interdependence of all activities
required to represent the complete performance of all project work as well as periods where work is
precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of
the notice to proceed and conclude with the date of final completion per the contract duration. The
Baseline Construction Schedule shall include detail of all project phasing, staging, and sequencing,
including all milestones necessary to define beginning and ending of each phase or stage.
Add the following section:
6-I .1.3 Measurement and Payment of Construction Schedule. The Contractors preparation,
revision and maintenance of the Construction Schedule are incidental to the work and no separate
payment will be made therefor.
6-2 PROSECUTION OF WORK.
Add the following section:
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 a project meeting only
if a meeting is deemed necessary by the Engineer. Each Project Meeting shall be attended by the
F Contractor’s Representative. The Project Representative shall be the individual determined under
section 7-6, “The Contractor’s Representative”, SSPWC. No separate payment for attendance of the
Contractor, the Contractors Representative or any other employee or subcontractor or
subcontractors employee at these meetings will be made.
6-6 DELAYS AND EXTENSIONS OF TIME.
6-6.4 Written Notice and Report. Modify as follows: 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) therefor.
6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work
to completion within forty (40) working days after the starting date specified in the Notice to Proceed.
e 9/I 1 /oo Contract No. 3519 Page 52 of 68 Pages
6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Engineer,
the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through
Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the
Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or
holidays. This written permission must be obtained at least 48 hours prior to such work The
Engineer may approve work outside the hours and/or days stated herein when, in his/her sole
opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The
Contractor shall pay the inspection costs of such work.
The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule required by section 6.1. No additional payment, adjustment of bid prices or
adjustment of contract time of completion will be allowed as a consequence of the prohibition of
work being performed within the dates, areas and/or types of work prohibited in this section.
6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following:
The Engineer will not accept the Work or any portion of the Work before all of the Work is
completed and all outstanding deficiencies that may exist are corrected by the Contractor and the
Engineer is satisfied that all the materials and workmanship, and all other features of the Work,
meet the requirements of all of the specifications for the Work. Use, temporary, interim or
permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the
Engineer’s judgment, the Work has been completed and is ready for acceptance the Engineer will
so certify to the Board. Upon such certification by the Engineer the Board may accept the
completed Work. Upon the Board’s acceptance of the Work the Engineer will cause a ‘Notice of
Completion” to be filed in the office of the San Diego County Recorder. The date of rewrdation shall be the date of completion of the Work.
Delete the first sentence of the third paragraph and substitute the following two sentences: All
work shall be warranted for one (1) year after rewrdation 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.
Modify the last sentence of the first paragraph and the first sentence of the second paragraph and add the following: For each consecutive calendar day in excess of the time specified for completion
of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of five hundred dollars ($500.00).
Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 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.
G 9/l 1 /oo Contract No. 3519 Page 53 of 68 Pages
7-4 WORKERS’ COMPENSATION INSURANCE.
Add the following: 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 offtcial 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.
Delete the first sentence and add the following four sentences: Except as specified herein the
agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, resource
agency and building permits necessary to perform work for this contract on Agency property, in
streets, highways (except State highway right-of-way), railways 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 therefor.
7-7 COOPERATION AND COLLATERAL WORK.
Add the following section:
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.
f- 7-8 PROJECT SITE MAINTENANCE.
7-8.1 Cleanup and Dust Control. Add the following: There shall be no stockpilina nor storaoe of
materials allowed on Citv proper& nor on State Beach. 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 therefor.
Contract No. 3519 Page 54 of 68 Pages
7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a r‘ 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 therefor. Said costs shall be considered incidental to the items of work that they are associated
with and no additional payment will be made therefor.
7-8.6 Water Pollution Control. Add the following The Contractor shall comply with all
requirements of the storm water pollution and monitoring plan prepared for this project in accordance
with the California State Water Resources Control Board order number 92-08-DWQ, NPDES
General Permit number CAS000002 and the “Water Discharge Requirement for Discharges of Storm
Water Runoff Associated with Construction Activity”
Add the following section:
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.
7-10 PUBLIC CONVENIENCE AND SAFETY.
740.1 Traffic and Access. add the following: For safetv reasons, the Contractor shall schedule
work such that no stairwav, walkwav. roadwav, handrail, or guardrail is left partiallv completed or in a
dannerous condition at the end of the workdav. There shall be no stockoilinn, nor storaoe of material
on the Citv right-of-wav, nor on the State Beach. The Contractor shall schedule the work so as to
r 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.
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 precut in a manner that enables it to be affixed to a
doorknob without adhesives. It shall be a minimum size of 3-l/2 inches by 8-l/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.
q tw 9/l l/O0 Contract No. 3519 Page 55 of 68 Pages
In addition to the notifications, the contractor shall post no parking signs 48 hours in advance of the
I” 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 48 hours in advance of
the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed
and re-posted 48 hours in advance of the rescheduled work.
The preparation, materials, printing and distribution of the notifications shall be included in the
contract price bid for traffic control and the Contractor will not be entitled to any additional
compensation for printing and distributing these notices.
740.3 Street Closures, Detours, Barricades. Modify the second paragraph as follows: After
obtaining the Engineers approval and at least 5 working days before closing, detouring, partially
closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the
following :
1) The Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (760) 438-l 161 X-441 1
2) Carlsbad Fire Department Dispatch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (760) 931-2197
3) Carlsbad Police Department Dispatch . . . . . . . . . . . . . . . ..a......*................... (760) 931-2197
4) Carlsbad Traffic Signals Maintenance . . . . . . ..*...........*....................... (760) 438-2980 X-2937
5) Carlsbad Traffic Signals Operations . . . . . . . . . . . . . . . . ..*.................*.......... (760) 438-l 161 X4500
6) North County Transit District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (760) 743-9346
7) Coast Waste Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (760) 929-9400
/“-
The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer’s
written approval prior to deviating from the requirements of 2) through, and including, 7) above. The
Contractor shall obtain the written approval no less than five working days prior to placing any traffic
control that affects bus stops.
Add the following: Traffic controls shall be in accordance with the plans, Chapter 5 of the California
Department of Transportation “Manual of Traffic Controls,” 1996 edition and these Supplemental
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.
Add the following section:
7-10.3.1 Construction Area Signs and Control Devices. The Contractor shall Provide barriers,
wards. liohts. signs. flaaoersons. and fencing as reauired to keep pedestrian traffic safelv away
from construction activities including. but not limited to, walkwavs. sidewalks, stairwavs, etc. 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.l.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-l .6for 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
a 9/l 1 /oo Contract No. 3519 Page 56 of 68 Pages
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 travelling 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 travelling 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 wnes rather than post-type delineators are used during
the hours of darkness, they shall be affixed or covered with reflective wne sleeves as specified in
CALTRANS “Standard Specifications”, except the sleeves shall be 180 mm (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 Contractors vehicles or equipment are parked on the
shoulder within 1.8 m (6’) of a traffic lane, the shoulder area shall be closed with fluorescent traffic wnes 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 7.6 m (25’) intervals to a point not less than 7.6 m
(25’) past the last vehicle or piece of equipment. A minimum of nine (9) wnes or portable
delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a sign post or telescoping flag tree with flags. The
sign post or flag tree shall be placed where directed by the Engineer.
Add the following section:
7-l 0.3.2 Maintaining Traffic. The Contractor’s personnel shall not work closer than 6 feet, nor
operate equipment within 3 feet from any traffic lane occupied by traffic. For equipment, the 3 feet
shall be measured from the closest approach of any part of the equipment as it is operated and/or
maneuvered in performing the work. This requirement may be waived when the Engineer has given
written authorization to the reduction in clearance that is specific to the time, duration and location of
such waiver, when such reduction is shown on the traffic control plans included in these contract
documents, when such reduction is shown on the traffic control plans prepared by the Contractor
and approved by the Engineer or for the work of installing, maintaining and removing traffic control
devices. As a condition of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide
barriers.
Add the following section:
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, CALTRANS
“Manual of Traffic Control”, 1996 edition and provisions under “Maintaining Traffic” elsewhere in
these Supplemental 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 dosed 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.
v3 9/11/00 Contract No. 3519 Page 57 of 68 Pages
Add the following section:
/“- 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.
Add the following section: 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 Chapter 5 of the ‘Traffic Manual”, 1996 edition 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 r‘ 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.
Add the following section:
7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan
Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the
project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor
shall have such new or modified TCP prepared and submitted as a part of the Work for any and all
construction activities that are located within the travelled 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 Contractor must submit the TCP for the
Engineer’s review in conformance with the requirements of section 25.3, 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 travelled surface differs from the finished pavement elevation vertical curves must also be shown. The level of detail, format, and graphics shall be of quality and size no less than those on “Standard Specifications Reference
Traffic Control Plan” Drawing number 368-5. Such modifications, supplements and/or new design of TCP shall meet the requirements of the Engineer and of the “MANUAL OF TRAFFIC CONTROLS”, 1996 Edition as published by the State of California Department of Transportation. Such
modification, addition, supplement, and/or new design of TCP shall be prepared by a registered
9/l 1 /oo Contract No. 3519 Page 58 of 88 Pages
professional engineer appropriately registered in the State of California. The Engineer shall be the
r 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.
Add the following section:
7-I 0.3.7 Payment. The Contractor shall provide traffic control if the Contractor’s construction
methods require it by blocking or partially obstructing the roadway as determined by the Engineer. 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 as incidentals to the
work with which they are associated and no other compensation will be allowed therefor.
Add the following section:
7-10.3.8 Access to Seawall Walkway. Vehicular access is allowable for compact pickup trucks, small trailers for compressors or generators, and bobcat-sized equipment. Access is available from
the Tamarack Avenue parking lot. Signs will be required on the walkway to notify non-vehicular
traffic that construction activities are taking place and motorized vehicles are present. The
Contractor must limit vehicular speeds on the walkway to no more than 10 MPH. Adequate space
must be maintained on the walkway at all times to allow unobstructed passage and safety for
non-motorized traffic.
Add the following section:
7-10.4.4 Safety and Protection of Workers and Public. For safetv reasons, the Contractor shall
schedule work such that no stairwav. walkwav. roadwav. handrail, or auardrail is left partially
cornDIeted or in a danaerous condition at the end of the workdav. There shall be no StockDilina. nor
storaae of material on the Citv rioht-of-wav. nor on the State Beach. 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.
7-13 LAWS TO BE OBSERVED. Add the following: 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 1801 et seq. of the Fish and Game Code shall become conditions
of the contract.
Contract No. 3519 Page 59 of 68 Pages
SECTION 9 - MEASUREMENT AND PAYMENT
9-l MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK
9-l .4 Units of Measurement, modify as follows: The system of measure for this contract shall be
the U.S. Standard Measures.
93 PAYMENT.
9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods
shall not be affected by any payment but shall wmmence on the date of rewrdation of the ‘Notice
of Completion”
,-
93.2 Partial and Final Payment. Delete the second paragraph and substitute the following:
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 the
Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30)
calendar days after the closure date. Five (5) working days following the closure date, the
Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the
Contractor’s information. Should the Contractor assert that additional payment is due, the
Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental
payment request to the Engineer with adequate justification supporting the amount of supplemental
payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon
as practicable after receipt, determine whether the supplemental payment request is a proper
payment request. If the Engineer determines 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.
Add paragraph 6 et seq. as follows: 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.
f”
9/l 1 /oo Contract No. 3519 Page 60 of 68 Pages
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 subsection 3-5, Disputed Work.
The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to
ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the
Contractor’s claims. It will be the responsibility of the Contractor to furnish within a reasonable time
such further information and details as may be required by the Engineer to determine the facts or
contentions involved in its claims. Failure to submit such information and details will be sufficient
cause for denying payment for the disputed items.
g-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in
the written statement required in subsection 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 subsection 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 F-- information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such infomtation 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
subsection 3-5, Disputed Work, for those claims remaining in dispute.
Add the following section:
9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the will not be included in the progress estimate.
Add the following section:
g-3.4.1 Mobilization and Preparatory Work. The Contract lump-sum price paid for mobilization includes full compensation for furnishing all insurance, bonds, licenses, labor, materials, utilities,
tools, equipment and incidentals, and for doing all the work involved in mobilization and preparatory
work and operations, including, but not limited to, those necessary for the movement of personnel,
equipment, supplies, and incidental to preparing to conduct work on and off the project site and
other offsite facilities necessary for work on the project; for all other facilities, sureties, work and
operations which must be performed or costs incurred prior to beginning work on various contract
items on or off the project site, excepting those specifically paid for under separate sections of these
specifications. The Contractor hereby agrees that the stipulated lump sum amount is sufficient for
Mobilization and Preparatory Work, as described in this section, and that the Contractor shall have
no right to additional compensation for Mobilization and Preparatory Work.
9/l l/00 Contract No. 35 19 Page 61 of 68 Pages
Progress payments for Mobilization and Preparatory Work will be made as follows:
For the first progress payment (after the issuance of the Notice to Proceed), forty percent (40%) of the amount bid for Mobilization And Preparatory Work will be allowed. For the second progress
payment, an additional sixty percent (60%) of the amount bid for mobilization and preparatory work
will be allowed therefor.
e 9/l l/O0 Contract No. 35 19 Page 62 of 68 Pages
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 2, CONSTRUCTION MATERIALS
SECTION 201~ CONCRETE, MORTAR, AND RELATED MATERIALS
TABLE 201-l. 1.2(A) Modify as follows:
TABLE 201-I .I .2(A)
PORTLAND CEMENT CbtiCRETE (3)
Type of Construction Concrete Class Maximum
U.S. Units Slump Inches (mm)
All concrete used for stairway, walkway & footings”) 560-C-3250 (2) 4 (100)
I I
Except as noted herein.
(1) Except that concrete required to be of higher strength by Table 201-1.1.2(A) SSPWC shall be as per Table 201-i .1.2(A) SSPWC.
(2) As per Table 201-l .1.2(A) SSPWC. (3) Portions of Table 201-1.1.2(A) not shown herein as changed are not affected by this
portion of the Special Provisions.
201-I .2.4 Admixtures. (b) Airentraining Admixtures. Substitute the following: The air
F-- content shall not deviate from the percentage specified or permitted by more than l-1/2 percentage
points. The air content of freshly mixed concrete will be determined California Test Method No. 504.
Add the following section:
201-2.4.5 Epoxy-Coated Reinforcement. All bar reinforcement shall be epoxy-coated and shall
conform to ASTM Designation: A706 / A706M. The epoxy-coated bar reinforcement shall conform
to the provisions of ASTM Designation: A775 / A775M, except as provided herein. Fabrication and
job-site handling of the epoxy-coated bar reinforcement shall conform to the provisions of ASTM
Designation: D3963 / D3963M, except as provided herein.
Appendices XI, “Guidelines For Job-Site Practices,” of ASTM Designation: A775 / A775M shall
apply except as provided herein. The term “shall” shall replace the term “should” in these
appendices. Section Xl .2 shall not apply.
All coatings shall be light green in wlor.
Except for field welding of butt splices, all welding of reinforcement shall be complete prior to epoxy
coating the reinforcement.
When any portion of a reinforcing bar or wire requires epoxy coating, the entire bar or wire shall be
coated.
Within areas where epoxy-coated reinforcement is required, tie wire and bar chairs or other metallic
devices used to secure or support the reinforcement shall be plastic-coated or epoxy-coated to
prevent corrosion of the devices or damage to the coated reinforcement.
pg 9/l 1 /oo Contract No. 3519 Page 63 of 68 Pages
Prior to coating, the Contractor shall furnish to the engineer a representative 4-ounce sample from
each batch of epoxy coating material to be used. Each sample shall be packaged in an airtight container identified with the manufacture’s name and batch number.
Two 30-inch long samples of coated bar reinforcement from each size and from each load shipped
to the job site shall be furnished to the engineer for testing. These samples shall be representative
of the material furnished. These samples, as well as any additional random samples taken by the
Engineer, may be tested for specification compliance. Such additional sampling, and all tests
performed by the Engineer, may be performed at any location deemed appropriate by the Engineer.
Failure of any sample to meet the requirements of the specifications will be cause for rejection.
If any bar reinforcement tested for coating thickness or for flexibility of coating fails to meet the
requirements for coated bars in Section 8 of ASTM Designation: A 775 / A 775M, two (2) retests on random samples taken from bars represented by the failed tests will be conducted for each failed
test. If the results of both retests meet the specifed requirements, the coated bars represented by the samples may be certified as meeting the test requirements. If either retest fails to meet the
specified requirements, the coated bars represented by the samples shall be rejected and all coated
bars represented by the samples shall be removed from the jobsite.
All visible damage to the coatings caused by shipping, handling or installation shall be repaired as
required for repairing coating damaged prior to shipment as specified in ASTM Designation: A 775 /
A 775M for bar reinforcement. When the extent of coating damage prior to repair exceeds two (2)
percent of the bar surface area in any one foot length, repair of the bar will not be allowed and the
coated bar will be rejected.
The patching material and process shall be suitable for field application. The patching material shall
be prequalified as required for the coating material and shall be either identified on the container as a material compatible with the bar reinforcement coating, or shall be accompanied by a Certificate of
Compliance, from the manufacturer, certifying that the material is compatible with the bar
reinforcement coating. Damaged areas shall be patched in accordance with the patching material
manufacturer’s recommendations. If damaged to a bar occurs during field bending the area shall be
patched immediately with the prequalified patching material.
Except for lap splices, all splices for epoxy-coated reinforcement shall be coated with a corrosion
protection covering that is on the list of approved products. The covering shall be installed in accordance with the manufacturer’s recommendations and as directed by the Engineer. The
following products are approved for this protection:
Shrink Tubing Product Descriotion Phone Number Manufacturer 1 - DSG-Canusa CFW 800-422-6872 7820 Palace Drive Cincinnati, Ohio 45249 (with thermoplastic liner)
2 - Raychem Corporation CPSM 800-540-0004 Tyw Adhesives 936-321-3333 1669-A Brandywine Ave. Chula Vista, CA 9191 l-6020 3 - 3M Corrosion Protection Div. MDT,HDT 800-722-672 1 6801 River Place Blvd. Austin, TX 78726-9000
Contract No. 3519 Page 64 of 68 Pages
P-
A Certificate of Compliance to the provisions in Section 4-1.5, ‘Certiication,” shall be furnished for
each shipment of epoxy-coated bar reinforcement certifying that the coated bars conform to the
requirements of ASTM Designation: A 775 I A 775M and this section, ‘Epoxy-Coated
Reinforcement.” Said Certificate of Compliance shall include all the certifications specified in ASTM
Designation: A 775 / A 775M and a statement that the coating material has been prequalified by
acceptance testing performed by the Valley Forge Laboratories, Inc., Devon, Pennsylvania.
SECTION 206 - MISCELLANEOUS METAL ITEMS
Add the following section:
206-7 REFLECTIVE SHEETING ALUMINUM SIGNS.
Add the following section: 206-7.1 General. Materials, legend, proportion, size, and fabrication of all signs used for the
direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall conform to the requirements of ‘SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993”,
Sheets 1 through 5 that accompany “SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993” of dimensions and details, dated April 1987, and “OPAQUE COLOR CHART”, dated
February 1980, all published by the State of California, Department of Transportation, Division of
Procurement Services, OtTice of Material Operations, 1900 Royal Oaks Drive, Sacramento, CA
95819 and as modified herein. Where the “SPECIFICATION FOR REFLECTIVE SHEETING SIGNS, October 1993” require the Contractor or supplier to notify the Department of Transportation
or to certify compliance to said SPECIFICATIONS, to provide a quality control program or to allow
testing, approval, observation of manufacturing or assembly operations by the State of California, Department of Transportation and/or its employees or officials, such rights shall be vested in the
Engineer.
Add the following section:
206-7.2 Sign Identification. Modify the “SPECIFICATIONS FOR REFLECTIVE SHEETING
SIGNS, October 1993” as follows: Sign identification shall be as per “SPECIFICATIONS FOR
REFLECTIVE SHEETING SIGNS, October 1993”, except that the notation shall be “PROPERTY OF
THE CITY OF CARLSBAD”.
Add the following section: 206-7.3 Drawings. Modify the ‘SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October
1993” as follows: Standard signs shall be as per the most recently approved “APPROVED SIGN SPECIFICATION SHEETS” of the State of California, Department of Transportation. The date of
approval shall be, the date most closely preceding the date of manufacture of the sign(s) or the date of the “Notice to Proceed” of this contract, whichever is most recent.
Add the following section:
206-7.4 Reflective Sheeting. Modify the ‘SPECIFICATIONS FOR REFLECTIVE SHEETING
SIGNS, October 1993” as follows: All warning signs and all regulatory signs, excepting only those
hereinafter listed, shall be fabricated with Type Ill encapsulated lens sheeting conforming to the
requirements of this specification. Signs listed below shall be fabricated with Type II encapsulated
lens sheeting conforming to the requirements of this specification. Regulatory signs which shall be
fabricated with Type II encapsulated lens sheeting are: R5; R24 through, and including, R32B; R47
through, and including, R53C; R62A through, and including, R62D; R74 through, and including, R96C; and R99 through, and including, R105A.
9/l 1 /oo Contract No. 35 19 Page 65 of 68 Pages
Add the following section:
P 206-7.5 Substrate. Modify the “SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS,
October 1993” as follows: Excepting only construction warning signs used at a single location
during daylight hours for not more than five (5) consecutive days, all signs used for the direction,
warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall use aluminum
substrate.
SECTION 210 - PAINT AND PROTECTIVE COATINGS
21 O-1 PAINT.
Add the following section:
210-1.4.1 Paint Materials. The following paint system shall be used when painting metal:
Primer: TNEMEC Series 135 Chembuild. Primer wlor shall be off-white.
Finish. / TNEMEC Series 73 Endura-Shield. Finish wlor to match existing. Contractor
shall submit paint chip sample to Engineer two weeks prior to painting.
Contractor shall not paint until paint chip sample has been approved by
Engineer.
The local TNEMEC representative is Dennis Amyot (858) 538-9502.
Painting shall be done in accordance with manufacturer’s recommendations, Section 310-7 “Clean
and Paint Metal Surfaces” of these Supplemental Provisions, and Section 310 of the Standard Specifications.
f- Add the following section:
21 O-6 Concrete Sealant. The wncrete sealant shall be a product designed to seal concrete
against moisture. The sealant shall be 40 percent, minimum, organosilane solution, diluted in a
solvent recommended by the manufacturer, and shall consist of alkyltrimethoxysilanes with a alkyl groups of I-butyl, I-octyl, n-octyl, singularly or in combination. When applied to a concrete surface
that has been surface dry not less than 48 hours, the sealant shall seal the surface to the extent that
5 days after applying, a spray of water will not change the appearance of the concrete.
The wncrete sealant shall be tinted with a fugitive dye which wlors the sealant on the concrete
surface for at least four hours after application and then disappears within seven days after application.
,Each shipment of concrete sealant shall be accompanied by the manufacturer’s recommendations
for application of concrete sealant and a Certificate of Compliance conforming to Section 4-1.5,
“Certification,” of the Standard Specifications.
Contract No. 3519 Page 66 of 68 Pages
SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 3, CONSTRUCTION METHODS
SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION.
303-l CONCRETE STRUCTURES
303-1.6.2 Falsework Design. add the following: Temporary bracing shall be provided, as
necessary, to withstand all imposed loads during erection, construction, and removal of any
falsework. The falsework drawings shall show provisions for such temporary bracing or methods to be used to conform to this requirement during each phase of erection and removal. Wind loads shall
be included in the design of such bracing or methods. Camber strips shall be used where directed by the engineer to compensate for falsework deflections, vertical alignment, and anticipated
falsework deflection. The Contractor will furnish calculations substantiating the amount of camber to
be used in constructing the falsework.
303-7.1 Portland Cement Concrete. Concrete shall conform to the applicable provisions in
Section 201-1, “Portland Cement Concrete,” of the Standard Specifications. Concrete shall be
Class 560-C-3250 and shall be air entrained. Air content shall be 4 percent.
f-- 303-7.2 Epoxy-Coated Reinforcement. All new bar reinforcement shall be epoxy coated.
Epoxy-coated reinforcement shall conform to applicable provisions in Section 201-2, “Reinforcement
for Concrete,” of the Standard Specifications and Section 201-2.4.5 of these special provisions.
Epoxy-coated reinforcement shall be covered with an opaque polyethylene sheeting or other
suitable protective material to protect the reinforcement from exposure to sunlight, salt spray and
weather. For stacked bundles, the protective covering shall be draped around the perimeter of the
stack. The covering shall be adequately secured; however, it should allow for air circulation around the reinforcement to prevent condensation under the covering. Epoxy-coated reinforcement shall
not be stored within 1,000 feet of ocean or tidal water for more than two months.
SECTION 310 - PAINTING
Add the following section:
310-6 Seal Concrete Surfaces. Sealing concrete surfaces shall consist of cleaning and placing a
sealant on new and existing concrete surfaces including stairway treads and landing platforms as
specified in these special provisions. The concrete sealant shall comply with Section 210-6 “Concrete Sealant,” of these special provisions.
Cleaning shall remove all dirt, sand, debris and other deleterious material.
After cleaning, the concrete surface shall be air blown to remove loose surface materials. The
concrete surface shall be dry when sealant is applied.
r
9/l 1 /oo Contract No. 3519 Page 67 of 68 Pages
F‘
Concrete sealant shall be applied only during periods of weather as recommended by the
manufacturer, except that the sealant shall be applied only when the atmospheric temperature is
between 40°F and 100°F when wind velocity is less than 5 miles per hour. The application of
concrete sealant shall conform to the manufacturer’s recommendations.
One flood coat of sealant shall be applied to the concrete surface at the coverage rate of approximately 100 square feet per gallon. The sealant shall be applied using an airless sprayer with
20 psi pressure, maximum. The sprayer shall be equipped with a calibrated pressure gauge
showing the pressure during the spraying operation. For small areas, if approved by the Engineer,
rollers may be used to apply the sealant.
Approximately 24 hours after placement of the concrete sealer, the Contractor shall uniformly
dampen the treated concrete surface using a fine water spray. The spray shall be sufficient to
completely wet the surface without causing excessive runoff.
Five days after sealant application the Contractor shall spray sealed concrete surfaces with a fresh
water spray to verify sealant coverage. Surfaces determined to lack sufficient sealant coverage
shall be resealed.
310-6.1 Measurement and Payment. Seal concrete surfaces will be paid for on a lump sum basis.
The contract lump sum price paid for seal concrete surfaces shall include full compensation for
furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved
in sealing the concrete surfaces, complete in place, including cleaning and spraying sealed surfaces
with water, as specified in the Standard Specifications and these special provisions.
Add the following section:
310-7 Clean and Paint Metal Surfaces. Any rust spots, exposed (bare) metal, corroded spots, or
loose paint on the stairway stringers, handrails, or tread-connection brackets shall be cleaned.
Cleaning shall be power tool cleaning as specified in Section 310-2.4 of the Standard Specifications.
Removal of rust, mill scale, and other detrimental foreign matter shall be by power wire brushing,
power grinders, or power sanders. In certain confined areas hand tool cleaning may be allowed as
specified in Section 310-2.2 of the Standard Specifications. Immediately after cleaning, all exposed
metal shall be covered with the epoxy primer specified in Section 210-l .4.1 “Paint Materials,” The
primer shall be applied as recommended by the manufacturer and as specified in Section 310 of the
Standard Specifications and these special provisions.
Existing paint on metal surfaces shall be lightly sanded and cleaned prior to painting.
After all rust spots have been power tool cleaned and primed, and after all existing paint has been
lightly sanded, all metal surfaces (stringers, handrails, brackets, etc.) shall be painted with a
polyurethane finish. The paint shall be applied as recommended by the manufacturer and as specified in Section 310 of the Standard Specifications and these special provisions. The paint shall
conform to Section 21 O-l .4.1 “Paint Materials,” of the Standard Specifications and these special
provisions. The primer shall have a dry film thickness of 4-6 mils and the polyurethane finish shall
have a dry film thickness of 3-5 mils.
31 O-7.1 Measurement and Payment. The contract lump sum for clean and paint shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in cleaning and painting, as specified on the Standard Specifications and these
special provisions.
Contract No. 3519 Page 68 of 68 Pages
APPENDIX A
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