HomeMy WebLinkAboutDG Yeager Construction Co; 2004-06-23; PKS 03-05DOC # 2004-0876357
RECORDED REQUESTED BY
CITY OF CARLSBAD
AND WHEN RECORDED PLEASE
MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
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SEP 15,2004 9:04 AM
OFFICIAL RE CURDS
SAN DIEGO CUIJNTY RECORDER'S OFFICE ITiFiEGUR'r' .J. SMITH, ICUUNTY RECORDER
FEES: 0.00 VAG E S . 1
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I Space above this line for Recorder's use.
PARCEL NO: NIA
NOTICE OF COMPLETION
Notice is hereby given that:
1.
2.
3.
4.
5.
6.
7.
The undersigned is owner of the interest or estate stated below in the property hereinafter described.
The full name of the undersigned is City of Carlsbad, a municipal corporation.
The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008.
The nature of the title of the undersigned is: In fee.
A work or improvement on the property hereinafter described was completed on September 24,2004.
The name of the contractor for such work or improvement is D.G.Yeager Construction Company.
The property on which said work or improvement was completed is in the City of Carlsbad, County of San
Diego, State of California, and is described as follows: Beach Access Improvements, Agreement Number
The street address of said property is various locations in the City of Carlsbad.
PKS 03-05,
8.
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California,
92008; the City Manager of said City on 5&(c sdQer \ ,200Lt , accepted the above
described work as completed and ordered that 3 Notice of Completion be filed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on 5&<e&cc 7 ,20&, at Carlsbad, California.
CITY OFCARLSBAD)
U City Clerk
CITY OF CARLSBAD
ACCEPTANCE OF PUBLIC IMPROVEMENTS
COMPLETION OF PUBLIC IMPROVEMENTS
The contractor has constructed the improvements required for the Beach Access Improvements, PKS 03-05, and has requested that the City of Carlsbad accept the public improvements. City forces have inspected the public improvements and found them to be satisfactory. The public improvements consist of:
IMPROVEMENTS
Repair of concrete and stair handrails in various
locations in the City of Carlsbad.
VALUE
$72,620.00
PUBLIC WORKS DIRECTOR CERTIFICATION OF COMPLETION OF IMPROVEMENTS
CITY MANAGER’S ACCEPTANCE OF PUBLIC IMPROVEMENTS
The construction of the above-described public improvements is deemed complete and hereby accepted. The City Clerk is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances.
The City of Carlsbad is hereby directed to commence maintaining the above-described
SEP O 12004
Date
APPROVED AS TO FORM:
pc, - Ronald R. Ball, City Attorney
CITY OF CARLSBAD
San Diego County
California
CONTRACT DOCUMENTS AND
SUPPLEMENTAL PROVISIONS
FOR
BEACH ACCESS
IMPROVEMENTS
PWSO4-30 PKS
CONTRACT NO. PKS 03-05
43 Revised 10/08/03 Contract No. PKS 03-05 Page 1 of 83 Pages
. x - Item
TABLE OF CONTENTS
Pane
Notice Inviting Bids ....................................................................................................................... 5
Contractor's Proposal ................................................................................................................... 9
Bid Security Form ......................................................................................................................... 13
14 Bidder's Bond To Accompany Proposal .......................................................................................
Guide For Completing The "Designation Of Subcontractors" Form ............................................
Designation Of Subcontractor and Amount Of Subcontractor's Bid Items .................................
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 ..........................................................................................
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 PerformanceNVarranty Bond ...........................................................................................
Optional Escrow Agreement For Surety Deposits In Lieu Of Retention ......................................
16
18
19
20
21
22
23
25
26
32
34
36
Revised 10/08/03 Contract No . PKS 03-05 Page 2 of 83 Pages
SUPPLEMENTAL PROVISIONS ..
Part I
Section 1
1-1
1-2
1-3
Section 2
2-3
2-4
2-5
2-9
2-10
Section 3
3-2
3-3
3-4
3-5
Section 4 4- 1
4-2
1 Section 6
6- 1
6-2
6-6
6-7
6-8
6-9
.
Section 7
7-3
7-4
7-5
7-7
7-8
7-1 0
7-1 3
Section 8
8-2
Section 9
9- 1
9-3
General Provisions
Terms. Definitions Abbreviations And Symbols
Terms ................................................................................................................... Definitions ............................................................................................................
Abbreviations .......................................................................................................
Scope And Control Of The Work Subcontracts ........................................................................................................
Contract Bonds ....................................................................................................
Plans And Specifications.. ...................................................................................
Surveying .............................................................................................................
Authority Of Board And Engineer ........................................................................
Changes In Work Changes Initiated by the Agency .........................................................................
Extra Work ...........................................................................................................
Changed Conditions ............................................................................................
Disputed Work .....................................................................................................
Control Of Materials Materials And Workmanship ...............................................................................
Materials Transportation. Handling and Storage .................................................
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 .....................................................................
Cooperation and Collateral Work ........................................................................
Project Site Maintenance .....................................................................................
Public Convenience And Safety ..........................................................................
Permits .................................................................................................................
Laws To Be Observed ..........................................................................................
Facilities For Agency Personnel Field Office Facilities ...........................................................................................
Measurement and Payment
Measurement Of Quantities For Unit Price Work ................................................. Payment ...............................................................................................................
a Revised 10/08/03
39
40 40
41
41
42
43
44
45
45 46
47
49
50
50
53
54
54
55
55
55
55
55
56
56
56
61
61
61
61
Contract No . PKS 03-05 Page 3 of 83 Pages
~
Construction Materials Part 2 -
Rock Materials
Rock Products .... ..... ......... .... ...... , ...... ,....... .. .. ... ..... ........ ..... ......... ....... ....... . . ....... . Section 200
200-1 63
Section 201
201-1
Concrete, Mortar And Related Materials
Portland Cement Concrete ... ....... ....... . ...... ... ... .. ...... .... .. ...... ....... ....... . ..... .. . ..... ... 63
Miscellaneous Metal Items
Traffic Signs ................................................... ......................................................
Light Gage Steel Tubing And Connectors ..... ......................................................
Section 206
206-7
206-8
64
65
Engineering Fabrics
Geotextiles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Erosion Control Specialties . . ... . . . . . . . . . . . .. . . .. . ... . . . ... . .. . ,. . . . . ... . . . . , . . . . . . .. . . .. . .. . . . . ... . . .. .. . ..
Section 213
21 3-2
21 3-3
67 67
Construction Methods PART 3
Section 300
300-9
Earthwork
Geotextiles For Erosion Control And Water Pollution Control. ....... , .. ..... . . ... ...... . . 68
Temporary Traffic Control Devices
Temporary Traffic Signing ........... ................................................................ ........
Measurement And Payment .................................................................................
Section 31 3
31 3-2
31 3-4
69
69
Special Construction Provisions ...................................................................... 70 - Part 4
76 Part 5 Technical Specifications ... . . . . .. . . . ... . . . . .... . . . . . . . . . . . . . . . , . . . . . . . .. . . . , . . . . . . . . . . . . . . . . . . . . . . . . , . . . . ..
-.
0 Revised 10/08/03 Contract No. PKS 03-05 Page 4 of 83 Pages
.- CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Until 4:OO p.m. on May 5, 2004, 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: Repair of stairs and railinsrs at five Dublicly
maintained beach access stairways on Ocean Street, PKS 03-05, Beach Access Improvements.
BEACH ACCESS IMPROVEMENTS
CONTRACT NO. PKS 03-05
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 General Services Department. The specifications
for the work include the Standard Specifications for Public Works Construction, 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.
r‘ 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 (IO) 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
$1 00,000 per contract.
r-
e= k# Revised 10/08/03 Contract No. PKS 03-05 Page 5 of 83 Pages
.- The documents which comprise the Bidder's 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
5. Bidder's Statement of Financial Responsibility
6. Bidder's Statement of Technical Ability and
and Amount of Subcontractor Bid
Experience
7. Acknowledgement of Addendum(a)
8. 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.
9. Bidder's Statement Re Debarment 10. Bidder's Disclosure Of Discipline Record 11. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security)
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
$39,000.
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: CLASSIFICATIONS FOR
CONTRACTORS ARE: A, General Engineering; B, General Building.
1
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 $25.00 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
I informality in such bids. c
4- p,# Revised 10/08/03 Contract No. PKS 03-05 Page 6 of 83 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,
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 41 07 and 41 07.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to
the Contract for work.
A MANDATORY pre-bid meeting and tour of the project site will be held at 8:30 a.m., April 20, 2004,
at 405 Oak Avenue.
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. rc-
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 ($5,000,000).
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 0,000,000).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000).
These bonds shall be kept in full force and effect during the course of this project, and shall extend in
full force and effect and be retained by the City until they are released as stated in the Supplemental
Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted
and authorized to transact the business of insurance in California and whose assets exceed their
liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be
accompanied by the following documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so.
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. -
<$ Revised 10/08/03 Contract No. PKS 03-05 Page 7 of 83 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 10 calendar days of
the insurer's receipt of a request to submit the statements.
Insurance is to be placed with insurers that:
1) Have a rating in the most recent Best's Key Rating Guide of at least A-: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.
ISABELLE PAULSEN, CMC
Deputy Clerk
DATED: March 31,2004
ts Revised 10/08/03 Contract No. PKS 03-05 Page 8 of 83 Pages
City of Carlsbad -
-
-
- April 20,2004
ADDENDUM NO. 1
RE: BEACH ACCESS IMPROVEMENTS,
PROJECT NO.: PKS03-05
Please include the attached addendum in the Notice to BiddedRequest for Bids you
have for the above project.
Please note the additional pre-bid date and time for the above-mentioned bid.
Date/time for additional MANDATORY pre-bid meetinq is:
April 29,2004, I :30 pm
Location for MANDATORY pre-bid meetinq:
405 Oak Avenue, Carlsbad, CA
This addendum--receipt acknowledged--must be included to your bid when your bid is
submitted.
KEVIN DAVIS
Buyer
KD:dli
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. I
1635 Faraday Avenue - Carlsbad, CA 92008-731 4 - (760) 602-2430 FAX (760) 602-8553
www.ci.carlsbad.ca.us Business License (760) 602-2495 Utility Billing (760) 602-2420 @ Purchasing (760) 602-2460 - FAX (760) 602-8556 - Bid Line (760) 602-2464
D.O. YEAGER CONST 60,
CITY OF CARLSBAD
BEACH ACCESS IMPROVEMENTS
CONTRACT NO. PKS 03-05
CONTRACTOR’S PROPOSAL
..
City Council
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
The undersigned declares helshe 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. PKS 03-05 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:
SCHEDULE “A”
OCEAN STREET BEACH ACCESS STAIRWAY REPAIRS
Item - No. Description
Approximate
Quantity Unit
and Unit Price
A-1 Repair Stairway No. 01,400 LS CEkL-
Dollars (Lump Sum)
A-2 Repair Stairway No. 02, 90 LS $lIL(.s-
rnG‘-hMD@- -T+ Dollars (Lump Sum)
A-3 Repair Stairway No. 03 at the LS
intersection of Christiansen
Wavat ,.
Dollars (Lump Sum)
- Total
$74\OC
$l\m-
_-
Revised 10/08/03 Contract No. PKS 03-05 Page 9 of 83 Pages
- D.C. YEAGER CONST CQ.
- Item - No. DescriDtion
Approximate
Quantity Unit
and Unit - Price - Total
A4 Repair Stairway No. 4 at the LS s30m- $ s;)Qm-
intersection of Grand Ave. at -
Dollars (Luhp Sum) -_
A-5 Repair Stairway No. 4 at the LS $4<570 $930
-- intersection of Carlsbad OPENED, WITNESSED AND RECORDED
Village Drive at ZhCLm -- h!ea -Sam+j Dollars (Lump Sum) S I GN ATURE
n h . n\ne (I 1
c Total amount of _oQC--vl I 44,92.0 - /
Total amount of bid in numbers for Schedule "A": $ -
I Price@) given above are firm for 90 days after date of bid opening.
-_
.-
Addendum(a) NO(~). \ . hadhave been received and idare included in this
proposal.
The Undersigned has carefully checked all of the above figures and understands that the City will not
be responsible for any error or omission on the part of the Undersigned in preparing this bid.
The Undersigned agrees that in case of default in executing the required Contract with necessary
bonds and insurance policies within twenty (20) days from the date of award of Contract by the City
Council of the City of Carlsbad, the City may administratively authorize award of the contract to the
second or third lowest bidder and the bid security of the lowest bidder may be forfeited.
The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do
business or act in the capacity of a contractor within the State of California, validly licensed under
license n mber -l\36-3\ , classification A which expires on , and that this statement is true and correct and has the legal effect of
an affidavit. '
QL, I26
A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the
Business and Professions Code shall be considered nonresponsive and shall be rejected by the City
§ 7028.1 5(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 201 04.
'
-
a Revised 10/08/03 Contract No. PKS 03-05 Page 10 of 83 Pages
License Detail Page 1 of 2
piq. rl
License Detail CALIFORNIA CONTRACTORS STATE LICENSE BOARD
Contractor License ## 71 3631
Description
GENERAL ENGINEERING CONTRACTOR
DISCLAIMER
A license status check provides information taken from the CSLB license data base.
Before relying on this information, you should be aware of the following limitations:
CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is
subject to public complaint disclosure, a link for complaint disclosure will appear
below. Click on the link or button to obtain complaint and/or legal action
information.
are disclosed.
the arbitration.
onto the Board's license data base.
Per B&P 7071.17, only construction related civil judgments known to the CSLB
Arbitrations are not listed unless the contractor fails to comply with the terms of
Due to workload, there may be relevant information that has not yet been entered
c
Extract Date: 05/06/2004
* * * Business Information * * *
D G YEAGER CONSTRUCTION COMPANY
P 0 BOX 4923 LAGUNA BEACH, CA 92652 Business Phone Number: (949) 369-9065
Entity: Sole Ownership
Issue Date: 10/16/1995 Expire Date: 10/31/2005
* * * License Status * * *
This license is current and active. All information below should be reviewed.
* * * Classifications * * *
* * * Bonding Information * * *
CONTRACTOR'S BOND: This license filed Contractor's Bond number 9030604 in the
http://wwwZ.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 5/6/2004
License Detail Page 2 of 2
_-
amount of $10,000 with the bonding company
AMERICAN CONTRACTORS INDEMNITY COMPANY.
Effective Date: 01/01/2004
Contractor's Bonding History
* * * Workers Compensation Information * * *
This license has workers compensation insurance with the
STATE COMPENSATION INSURANCE FUND
Policy Number: 046-0009988 Effective Date: 01/01/2002 Expire Date: 01/01/2005
Workers Compensation History
Personnel listed on this license (current or disassociated) are listed on other
licenses.
Personnel List Other Licenses
License Number Request Contractor Name Request Personnel Name Request
Salesperson Request Salesperson Name Request
0 2003 State of California. Conditions of Use Privacy Policy
http://www2. c slb. c a. gov/CSLB-LIBR ARY/License+De tail. asp 5/6/2004
Personnel List Page 1 of 1
Personnel List CALIFORNIA CONTRACTORS STATE LICENSE BOARD
Contractor License # 71 3631
Click on the person's name to see a more detailed page of information on that person.
Name Association Disassociation More
Date Date Class Title
10/16/1995 DALE GALBRAITH SOLE
YEAGER OWNER A More
License Number Request Contractor Name Request Personnel Name Request
Salesperson Request Salesperson Name Request
0 2003 State of California. Conditions of Use Privacy Policy
http://www2.cslb.ca.gov/CSLB~LIBRARY/Personnel+List.asp?LicNum=7 1363 1 5/6/2004
.-.
-
L..
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
himker to enter into this Contract, excepting only those contained in this form of Contract and the
papers made a part hereof by its terms; and
2. That this bid is made without connection with any person, firm, or corporation making a bid for the
same work, and is in all respects fair and without collusion or fraud.
Accompanying this proposal is TbNC) (Cash, Certified Check, Bond or
Cashier's Check) for ten percent (10%) of the amount bid.
r
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) Name under which business is conducted
(2) Signature (given and surname) of propriet
(3) Place of Business
City and State
(4) Zip Code Telephone No. % %?)&y L . (5) E-Mail a MbdI ,ncT /
IF A PARTNERSHIP, SIGN HERE:
.-
A
Name under which business is conducted
Signature (given and surname and character of partner) (Note: Signature must be made by a general partner)
Place of Business
City and State
(Street and Number)
Zip Code Telephone No. *. b Revised 10/08/03 Contract No. PKS 03-05 Page 11 of 83 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF ORANGE
On 5/7/2004 before me, JENNIFER K. SMITH
NAME OF NOTARY PUBLIC
personally appeared, D.G. YEAGER
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in hdhedtheir authorized capacity(ies), and that by hishedtheir signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT
DATE OF DOCUMENT
I IF A CORPORATION. SIGN HERE:
(1) Name under which business is conducted -
(Signature) (2)
(Title)
Impress Corporate Seal here
(3) Incorporated under the laws of the State of
(4) Place of Business
City and State
(Street and Number)
(5) Zip Code Telephone No.
(6) E-Mail
- NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE AlTACHED
c List below names of president, vice president, secretary and assistant secretary, if a corporation; if a
partnership, list names of all general partners, and managing partners:
I
Revised 10/08/03 Contract No. PKS 03-05 Page 12 of 83 Pages ,
c
---
,. . .
_-
BID SECURITY FORM
(Check to Accompany Bid)
BEACH ACCESS IMPROVEMENTS
CONTRACT NO. PKS 03-05
(NOTE: The following form shall be used if check accompanies bid.)
Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF
CARLSBAD, in the sum of
dollars ($ ),
this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall
become the property of the City provided this proposal shall be accepted by the City through action of
its legally constituted contracting authorities and the undersigned shall fail to execute a contract and
furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage
within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of
this check shall also become the property of the City if the undersigned shall withdraw his or her bid
within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise
required by law, and notwithstanding the award of the contract to another bidder.
_-
r_
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.)
4w $# Revised 10/08/03 Contract No. PKS 03-05 Page 13 of 83 Pages
--
I
BIDDkR'S BOND TO ACCOMPANY PROPOSAL
BEACH ACCESS IMPROVEMENTS ! CONTRACT NO. PKS 0345
KNOW ALL PERSONS BY THESE PRESENTS:
That we, , as Principal, and I as Surety are held add firmly bound unto the City bf Carlsbad, California, in an amount as fo[lovvs;
(must be et least Cenjpercent (10%) of the bid amount} , TEN PERCENTOFBID far which payment, we11 and truly made, we bind ourselves, our :heirs, executors and administrators,
Succ~?ss~rs or assigns, jointly and severally, firmly by these presents,
THE CONDITION OFiTHE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for;/
LINCOLN GENERAL INSURANCE COMPANY D.G. YEAGER CONSTRUCTION COMPANY
BEACH ACCESS IMPROVEMENTS CONTRACT NO. PKQ 0345
in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and
execute a Contract including required bonds and insurance policies within Wenfy (20) days from the
date of award of Contract by the City Council of the City OB Carbbad, being duly notified of said
award, then this obligation shall become null and void; otherwise, if shall be and remain in full force and effect, and the amount specified herein shall be forfeited t~ the said City.
'I
D.G. YEAGER CONST CO.
......
I In the event Principal executed thls bond as an individual, it is agreed that the death of Principal shall
not exonerate the Surety from its obligations under this bond.
Executed by PRINCIPAL this 3 day ef , 20&
C3un
(Title and Organkatioh of Signatory)
I
By: . : (sign here)
- (print name here)
(title and organization of signatory)
Executed by SURETY this 23 - day
-- ,2004. of APRIL
SURETY: LINCOLN GENERAL INSURANCE COMPANY
G T. MULLICK
(Attach corporate resolution showing current power of aUo i ey.)
(Proper notarial acknopledgrnent of execution by PRINCIPAL and SURETY must be attached.)
(President or vice-president and s~cretary or assistant secretary must sign for corporations. If only
one bflicer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM;
RONALD R. BALL
City Attorney
By:
D.G. YEAGER CONST. CO.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
;TATE OF CALIFORNIA
ZOUNTY OF ORANGE
3n 4/23/2004 before me, JENNIFER K. SMITH
NAME OF NOTARY PUBLIC
iersonally appeared, Y"G T. MILLICK
iersonally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
iame(s) idare 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
>erson(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT
DATE OF DOCUMENT
D.G. YEAGER CONST C
D.G. YEAGER CONST CO.
LINCOLN GENERAL INSURANCE COMPANY
I
POWER OF ATTORNEY
K”J ALL MEN BY THESE PRESENTS: fiat LjncoIn General humce Company, organized and existing by virne. of Laws of the Comonwealtli of Pennsylvania, does hereby nominate, constitute and amoint:
Yung T. Mullick, James W. Moilanen, Jennifer C. Giboney
its true and lawful artorney(s)-in-fact to sign, seal and execute for and on its behalf, BS surety, bonds, undertakings, and other
obligatory instruments of similar nature in an mount not to exceed Three Million Dollars (%3,000,000) and to bind it hereby as
fully and to the same extent as if such instruments were signed by a duly authorkd officer of the corporation, and all the zcts Of said Anomey, pursuanl to the authority hereby given are hereby ratified and confirmed.
~soL*D that his Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and sals under
authoriry of the folloWing resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the @‘ day Of
September, 2002.
RESOLVED that the President, an Executive or Senior Vice President, or any Vice President ofthe Company, together with h
Secrew or an)’ Assistant Secretary are hereby authorized to execute Powers of Attomey appointing the person(s) named as
Anomey(s)-in-Fact to dare, execute, sign, seal and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any rebated documents.
RESOLVED FURTHER that the signatures of the officers making the appointment, and the signature of any officer cehknlng
the validity and current status of the appointment my be facsimile representations of those signatures; and the signature and sed
of my notary, and the seal of the Company, may be facsimile representations ofthose signawes md seals, and such facsimile
representations of those signatures and seals, and such facsimile representations shall have the same force wd efiect as if
manudly affued. The facsimile representations referred to herein may be zffixed by stamping, printing, typing, or photocopying
Y ork County
On this 4th day of September, 2002, befo
depose and say: that he is the President of
the seal affixed to the aforesaid instrument is such corporate seal and was af.t7xed thereto by order and authority of the Board of Direcrors of said Company; and hat he executed the said instnunen1 by like order and authority and the samr w2s his bee ad and deed.
The Commonwealth of Pennsylvania
York County
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF ORANGE
On 5/7/2004 before me, JENNIFER K. SMITH
NAME OF NOTARY PUBLIC
personally appeared, D.G. YEAGER
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) idare 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 hishedtheir signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
W J
OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT
DATE OF DOCUMENT
Company Profile Page 1 of 2
-
Company Profile
,-
LINCOLN GENERAL INSURANCE COMPANY
3350 WHITEFORD ROAD
YORK, PA 17402
800-876-3350
Agent for Service of Process
ERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR
LOS ANGELES, CA 90017
Unable to Locate the Agent for Service of Process?
Reference Information
NAIC #: 33855
NAIC Group #: 1326
Date authorized in California:
Company Type: Property & Casualty
State of Domicile: PENNSYLVANIA
California Company ID #: 4679-7
May 11,2001
License Status: UNLIMITED-NORMAL
Lines of Insurance Authorized to Transact
The company is authorized to transact business within these lines of insurance. For an explanation of
any of these terms, please refer to the glossary.
AUTOMOBILE
BURGLARY
COMMON CARRIER LIABILITY
FIRE
LIABILITY
MARINE
MISCELLANEOUS
PLATE GLASS
SPRINKLER
SURETY
http : //cdins w ww . insurance. ca. gov/pls/w u-co-prof/i db-co-prof-ut1 . ge t_co_prof?p_EID=623.. . 5/6/2004
Company Profile
TEAM AND VEHICLE
Page 2 of 2
Company Complaint Information
ComDany Enforcement Action Documents
ComDanv Performance & Comparison Data
Composite Complaint Studies
Want More?
Help Me Find a Company Representative in My Area
Financial Rating Organizations
Last Revised - April 26,2004 02:22 PM Copyright Q California Department of Insurance Disclaimer
http://cdinswww.insuce.ca.gov/pls/wu~co~prof/idb~co~prof~utl.get~co~prof?p~E~=623 ... 5/6/2004
GUIDE FOR COMPLETING
THE "DESIGNATION OF SUBCONTRACTORS" FORM
REFERENCES Prior to preparation of the following Subcontractor disclosure form Bidders are urged
to review the definitions in section 1-2 of the SSPWC ("Greenbook") and in 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 1-2 of the
Supplemental Provisions especially "Own Organization." Bidders are further urged to review sections
2-3 SUBCONTRACTS of the Greenbook and section 2-3.1 of these Supplemental Provisions.
CAUTIONS This form will be used by the Agency to determine the percentage of work that the
Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct
information may result in rejection of the bid as non-responsive. Any bid that proposes performance
of more than 50 percent of the work by subcontractors or otherwise to be preformed by forces other
than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that
may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing
the percentage of work proposed to be performed by the Bidder.
INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every
subcontractor whom the Bidder proposes to perform work or labor or render service in or about the
work or improvement, and every subcontractor licensed as a contractor by the State of California
whom the Bidder proposes to specially fabricate and install any portion of the work or improvement
according to detailed drawings contained in the plans and specifications in excess of one-half of one
percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets
and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars
($1 0,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be
set forth and included as an integral part of the bid offer.
-
The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid.
Failure to provide complete and correct information may result in reiection of the bid as non-
responsive.
Suppliers of materials from sources outside the limits of work are not subcontractors. The value of
materials and transport of materials from sources outside the limits of work, as shown on the plans,
shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder
proposes as installer of said materials. The value of material incorporated in any Subcontractor-
installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder
proposes to be performed by the Subcontractor installing said item.
When a Subcontractor has a Carlsbad business license, the number must be entered on the proper
form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate
space.
When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a
bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The
explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to
perform no less than fifty percent (50%) of the work with its own forces.
- Determination of the subcontract amounts for purposes of award of the contract shall be determined
by the City Council in conformance with the provisions of the contract documents and the
Supplemental Provisions. The decision of the City Council shall be final.
Revised 10/08/03 Contract No. PKS 03-05 Page 16 of 83 Pages
Contractor is prohibited from performing any work on this project with a subcontractor who is
ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or ._
.-' 1777.7.
Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the
required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated.
-.
@% Revised 10/08/03 Contract No. PKS 03-05 Page 17 of 83 Pages
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
BEACH ACCESS IMPROVEMENTS
CONTRACT NO. PKS 03-05
The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or
offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency.
I --
I I II
Subcontractor's License No.* "I \P,T 50
Page of pages of this Subcontractor Designation form
- * Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted
by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids."
e ts Revised 10/08/03
e
Contract No. PKS.03-05 Page 18 of 83 Pages
.-
I
-.--
I
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
(To Accompany Proposal)
BEACH ACCESS IMPROVEMENTS
CONTRACT NO. PKS 03-05
Copies of the latest Annual Report, audited financial statements or Balance Sheets may be
submitted under separate cover marked CONFIDENTIAL.
@ Revised 10/08/03 Contract No. PKS 03-05 Page 19 of 83 Pages
c
11:27 AM
04/22/04
c
-Accrual Basis
.- I
,-
e
D G Yeager Construction
Balance Sheet
As of April 22,2004
Apr 22,M
ASSETS
Current Assets
C heckinglsavings
I000 - Checking Account 2,086.22
1020 - Salomon Smith Bamy -1 15,000.00
Total CheckinglSavings -1 12,913.78
Accounts Receivable
1100 - Accounts Receivable 165,314.52
Total Accounts Receivable 165,314.52
Total Current Assets
Fixed Assets
1570 * Equipment
1571 . AID - Equipment
1650 - Vehicles
1682 - Accum Depreciation
Total Fixed Assets
52,400.74
283,370.52
189,200.83
-240,539.40
-104,348.1 1
127.683.84
TOTAL ASSETS
LIABILITIES 8 EQUITY
Liabilities
Current Liabilities
Accounts Payable
180,084.58
Total Credit Cards
Other Current Liabilities
2003 . Wells Fargo Line of Credit 2200 Payroll Taxes Payable
2210 - Child Support Garnishment 2301 . Long Term Liability
Total Other Current Liabilities
Total Current Liabilities
Long Term Liabilities 2004. Loan, Ford Credit
2006 * Loan - Ford Credit 2007 . Loan - CAT
2009. Loan - Expd Ford 2000
2010 . Citicorp Del-Lease
201 1 Bank One Loan
2300 Long Term Notes - Curr Portion 2302 - Bank One Loan, 1999 Ford
2303 Loan, F650
Total Long Term Liabilities
Total Liabilities
Equity
3040 Retained Earnings 3210. Capital
3220 Drawing Net Income
Total Equity
TOTAL LIABILITIES 8 EQUITY
3,824.10
98,150.13
3,243.95
1,210.08
46,809.46
149.413.62
186,893.18
9,248.70
8,582.95
20,049.31
-6,343.10
-1 10.24
-362.37
-46,809.46
12,669.40
38,890.10
35,815.29
222,708.47
88,379.39 -25,026.78
-123,425.48
17,448.98
-42,623.89
180,08458
Page I
. .-
BIDDER'S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
BEACH ACCESS IMPROVEMENTS
CONTRACT NO. PKS 03-05
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 hidher responsibility, experience and skill. An attachment can be used.
Date Name and Address Name and Phone No. Type of Work Amount
Comp,teted Contract
Contract of the Employer of Person to Contract of
/+qp&?)ZC*
em %# Revised 10/08/03 Contract No. PKS 03-05 Page 20 of 83 Pages
9 ," - -
~ m
I
,-
BIDDER'S CERTIFICATE OF INSURANCE FOR
GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE
LIABILITY AND WORKERS' COMPENSATION
(To Accompany Proposal)
BEACH ACCESS IMPROVEMENTS
CONTRACT NO. PKS 03-05
As a required part of the Bidder's proposal the Bidder must attach either of the following to this page.
I) Certificates of insurance showing conformance with the requirements herein for each of:
comprehensive General Liability
dutomobile Liability
dWorkers 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 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.
a Revised 10/08/03 Contract No. PKS 03-05 Page 21 of 83 Pages
949-361-5408 P* 1 Jun 15 04 02:41p
PRODUCER Ce# 26663 - GEORGE L. BROWN INSURANCL AGENCY P.O. BOX 5060
SAN CLEMENTE, CA 92674-5MO
CERTIFICATE OF INSURANCE
THIS CERTIFICATE IS ISSUED AS A MAmR OF INFORWfION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFI-OROEb BY THE POLICICS BELOW.
(949) 361-1400 (949) 361-2767
INSWRW D.G. YEAGER CONSTUCTION CO.
P 0 BOX 4923
LAGUNA BEACH. CA 92652
I COVERAGES
I COMPANIES AFFORDING COVERAGE
COMPANY
A LANDMARK AMERICAN INS CO
EAGLE INS CORP
C I COMPANY
,D
co
LTR
A
li
GARAGE LIABILITY
i ANv I -1 EYCESS LIABILITY ' UMt)H€I.I.A FORM
/OTI llfR THAN UMIXRTLIA FORM .-....
. .. . . -, , WORKER'S COMPENSATION AND EMPLOYERS LlABlLlN
OTHER
LHA12M28
BA9792564
LlMIll
FE0 2 OL)
JAN 13 04
is OODlLY INJURY
(rw m~m)
PROPCRTY aAMACt !$
I is AUTO (MI Y CA ACCDCN I
OIHI':C(TIIANAUTOONIV
rU:H XCIOCNT I
AMRCGATt ' Z I EACH OCCURRCNCC
AGGRCMTE
STATUTOHI LIMITS
EACH ACCIDCNT
DCSCRW I ION OF W'EW I IONSkOCATlONW HICL.C~PCCIAL I I I-MS
THE CITY OF WLSBAD, ITS OFFICIALS, EMPLOYEES AND VOLUNTEER5 ARE NAMED ADDITIONAL INSUREDS
WITH RESPECTS TO GENERAL LIABILITY PER FORM RSG15001(9/03) AND AUTO LlABlLlTY PER AlTACHEO FORM AS RESPECTS TO PROJECT NO. PKS03-05
I CERTIFICATE HOLDER AS ADDITIONAL INSURED
CITY OF CARLSBAO
d635 FARADAY AVENUE 4RLSBAD, CA 92008
I
1hOAY NOTICE OC CMCCLLATION - WPI If6 FOR NON-I'AYAYMI NT OF PRCMIUM
Jun 15 04 02:Slp 949-361-5408
ADDITIONAL INSURED
I- A- --. . . -- BLANKET - PRIMARY ' w..
Additional Insured: City of Carlsbad. its officials. employees and volunteers. -
Jun 15 04 02:41p 949-361-5408
POLICY NUMBER: EA9792566 COMMERCIAL AUTO
- THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED----DESIGNATED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
SCHEDULE
Namo of Person or Organization:
CITY OF CARLSBAD , ITS OFFICIALS, KMPLOYKES AND VOLUNTEERS
1635 FARADAY AVENUE CARLSBAD, CA 92008
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule as an insured but only with respect to liability arising out of the ownership, maintenance, or use of a
covered "auto".
P- 3
Copytight, insurance Services Office, Inc. 1984
POLICYHOLDER COPY
STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807
Fu N D CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
CO M PEN SAT I 0 N INSURANCe
ISSUE DATE: 04-16-2004 000046 GROUP: POLICY NUMBER: 9988-2004
CERTIFICATE EXPIRES: 01-01-2005
CERTIFICATE ID: 30
01-01-2004/Ol-01-2005
CITY OF CARLSBAD
1635 VEF!ADAY AVE CARLSBAD CA 92008
This is to certify that we have issued a valid Worker's 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 30 days advance written notice to the employer.
We will also give you 30 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 conditions, of such policies.
-
AUTHORIZED REPRESENTATIVE PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT #1700 - DALE YEASGER, PARTNER - EXCLUDED.
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01-01-2002 IS ATTACHED TO AND FORMS A PART OF THIS POLICY.
EMPLOYER
YEAGER, DALE AND/OR RUIZ JESSE (A PARTNERSHIP) A
AND/OR D. G. YEAGER CONST CO (SOLE PROPIETOR)
1062 CALLE NEGOCIO STE G SAN CLEMENTE CA 92673
BIDDER'S STATEMENT RE DEBARMENT
(To Accompany Proposal)
BEACH ACCESS IMPROVEMENTS
CONTRACT NO. PKS 03-05
1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California?
/
Yes no
2) If yes, what wasEwere the name(s) of the agency(ies) and what washere the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments.
I_ party debarred party debarred
- agency agency
- period of debarment period of debarment --
BY CONTRACTOR:
Page of pages of this Re Debarment form
@ Revised 10/08/03 Contract No. PKS 03-05 Page 22 of 83 Pages
~
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
BEACH ACCESS IMPROVEMENTS
CONTRACT NO. PKS 03-05
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.
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?
no
Has the suspension or revocation of your contractors license ever been stayed?
4’
no
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
no
Has the suspension or revocation of the license of any subcontractor’s that you propose to
perform any portion of the Wo3k-m been stayed?
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
b Revised 10/08/03 Contract No. PKS 03-05 Page 23 of 83 Pages
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED)
(To Accompany Proposal)
BEACH ACCESS IMPROVEMENTS
CONTRACT NO. PKS 03-05
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:
D.G. YEAGER CONST. CO. \f
Contractor)
Page of pages of this C,sclosure o
e %# Revised 10/08/03 Contract No. PKS 03-05
~~
Discipline form
Page 24 of 83 Pages
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
PUBLIC CONTRACT CODE SECTION 7106
BY BIDDER AND SUBMITTED WITH BID
BEACH ACCESS IMPROVEMENTS
CONTRACT NO. PKS 03-05
State of California
, being first duly sworn, deposes
(Name of Bidder)
(Title) and says that he or she is au-x37 -
-
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation; that the bid is
genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited
any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain
from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to
fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure
any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not,
directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof,
or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company association, organization, bid depository, or to any member or agent thereof to
effectuate a collusive or sham bid.
-
I
and correct and that this affidavit was
-
-
Subscribed and sworn t -
(NOTARY SEAL)
Revised 10/08/03 Contract No. PKS 03-05 Page 25 of 83 Pages
CONTRACT
PUBLIC WORKS
This agreement is made this day of 202.8 by and between the City of Carlsbad, California, a municipal &, (hereinafter called "City"),
and 0-G- YFAGFR m.TTnN CnMPANY whose principal place of business
(hereinafter called "Contractor").
iS 367 CAI I F NFWCTn- SIITTF G- <AN rl FMFNTF CA 93671
City and Contractor agree as follows:
1.
for:
Description of Work. Contractor shall perform all work specified in the Contract documents
BEACH ACCESS IMPROVEMENTS
CONTRACT NO. PKS 03-05
(herein after cat led "project'')
2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools,
equipment, and personnel to perform the work specified by the Contract Documents.
3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids,
- Contractor's Proposal, Bidder's Bond, 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 fulfill the intent of said documents. In all instances through the life of the Contract, the
City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to
said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials
suppliers of this condition of the Contract will not relieve responsibility of compliance.
4. Payment. For all compensation for Contractor's performance of work under this Contract, City
shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for
Public Works Construction (SSPWC) 2003 Edition, and the 2004 supplement thereto, 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.
em %$ Revised 10/08/03 Contract No. PKS 03-05 Page 26 of 83 Pages
5. Independent Investigation. Contractor has made an independent investigation of the
jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the
work, and is aware of those conditions. The Contract price includes payment for all work that may be
done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any
information that may have been furnished to Contractor by City about underground conditions or
other job conditions is for Contractor's convenience only, and City does not warrant that the
conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground
conditions and has not relied on information furnished by City.
6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches
or other excavations that extend deeper than four feet below the surface Contractor shall promptly,
and before the following conditions are disturbed, notify City, in writing, of any:
A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste,
as defined in section 251 17 of the Health and Safety Code, that is required to be removed to a Class
I, Class II, or Class Ill disposal site in accordance with provisions of existing law.
B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those
indicated.
C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature,
different materially from those ordinarily encountered and generally recognized as inherent in work of
the character provided for in the contract.
City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ,
or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time
required for, performance of any part of the work shall issue a change order under the procedures
described in this contract.
-
In the event that a dispute arises between City and Contractor whether the conditions materially
differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time
required for, performance of any part of the work, contractor shall not be excused from any
scheduled completion date provided for by the contract, but shall proceed with all work to be
performed under the contract. Contractor shall retain any and all rights provided either by contract or
by law which pertain to the resolution of disputes and protests between the contracting parties.
7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements
of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied
and will comply with these requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors, and consultants that are included in this
Contract.
8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of
Industrial Relations has determined the general prevailing rate of per diem wages in accordance with
California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates
is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to
California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post
copies of all applicable prevailing wages on the job site.
e
Revised 10/08/03 Contract No. PKS 03-05 Page 27 of 83 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.
(A) Coverages And Limits Contractor shall maintain the types of coverages 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: $1,000,000 combined single limit per accident for
bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the
performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether
scheduled or non-scheduled. 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 $1,000,000
per incident. Workers' compensation offered by the State Compensation Insurance Fund is
acceptable to the City.
(B) Additional Provisions. Contractor shall ensure that the policies of insurance required under
this agreement with the exception of Workers' Compensation and Business Automobile Liability
Insurance contain, or are endorsed to contain, the following provisions.
64 Revised 10/08/03 Contract No. PKS 03-05 Page 28 of 83 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
completed operations of the contractor; premises owned, leased, hired or borrowed by the
contractor. The coverage shall contain no special limitations on the scope of protection afforded to
the City, its officials, employees or volunteers. All additional insured endorsements must be
evidenced using separate documents attached to the certificate of insurance; one for each company
affording general liability, and employers' liability coverage.
__
b. The Contractor's insurance coverage shall be primary insurance as respects the City, its
officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its
officials, employees or volunteers shall be in excess of the contractor's insurance and shall not
contribute with it.
c.
to the City, its officials, employees or volunteers.
Any failure to comply with reporting provisions of the policies shall not affect coverage provided
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 Oflnsurers. 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.
-
em %# Revised 10/08/03 Contract No. PKS 03-05 Page 29 of 83 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 1, Article 1.5
(commencing with section 20104) which are incorporated by reference. A copy 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 201 04.2(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) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025,
3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
(G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by
another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontrac-
tor from participating in future contract bidding.
(H) Jurisdiction. Contractor agrees and hereby stipulates that
resolution of any disputes between the parties arising out of California.
and jurisdiction for
ement is San Diego County,
I have read and understand all provisions of Section 11 abo
12. Maintenance of Records. Contractor shall maintain a
init
at no cost to the
City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1,
Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's
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.
13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720
of the Labor Code are incorporated herein by reference. -
Revised 10/08/03 Contract No. PKS 03-05 Page 30 of 83 Pages
14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted
for any monies withheld by the City to secure performance of this contract for any obligation
established by this contract. Any other security that is mutually agreed to by the Contractor and
the City may be substituted for monies withheld to ensure performance under this Contract.
15. Provisions Required by Law Deemed Inserted. Each and every provision of law and
clause required by law to be inserted in this Contract shall be deemed to be inserted herein and
included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not
correctly inserted, then upon application of either party, the Contract shall forthwith be physically
amended to make such insertion or correction.
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
ATTACHED
(CORPORATE SEAL) n
-
ATTEST:
By:
(sign here)
(print name and title)
President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under the corporate seal empowering that officer to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
BY: 1 Deputy City Attorne
e= tS Revised 10/08/03 Contract No. PKS 03-05 Page 31 of 83 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
On 6/9/2004 before me, JENNIFER K. SMITH
NAME OF NOTARY PUBLIC
personally appeared, D.G. YEAGER
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) idare 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 hishedtheir signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT
DATE OF DOCUMENT
..................................... _.___,._..._ ........................................... ........._._._ ... .... ...-. .... .
BOND NO.: 661 12661
BOND PREMIUM IS INCLUDED IN PERFORMANCE BOND -
LABOR AND MATERIALS BOND
w-qw, the City Council of the City of Carlsbad, State of California, by Resolution No. , adopted JUNE 3,2004 , has awarded to
(hereinafter deaignatsd as the "Principal"), a Contract for: D.G. YEAGER CONSTRUCTION
BEACH ACCESS IMPROVEMENTS
CONTRACT NO. PKS 03-06
.-
I
In the City of Carlsbad, in strict conformity with the drawings and specfications, and other Contract
Documents now on file in the Otftce of the City Clerk of the City of Carlsbad and all of which are
Inmrparated herein by this reference.
WHEREAS, Prlnclpal has executed or is about to e%ecute said Contract and the terms thereof
pay tor any materiale. provisions, provender or other rupplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent heninafter set forth.
a8 "Contractor"}, and -
as Suret are held firm1 bou d unto the City of Cartsbad
Dollars (3 443m.uu ),
said sum being an amount equal to; One hundred percent (100%) of the total amount payable under the terms of the contfad by the City of Carlsb&. and for which payment well and truly to be made we bind ourselves. our heirs, executors end administrators, successors, or assigns, jointly and severatly, flrmly by these presents,
EqU ire.th8 fUmkhti?g-Of -a. bond; .prOVi$fiQ4h& -H .Principatorarrp-ot.ttreir -subCOfitfa-CtUt'S ahail 'rail to
NOW, THEREFORE, WE, D.G. YEAGER CONSTRUCTION
L
NDRED TVkNTY DOLLARS AID O/lOp -us AN-
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or hidher subcontractors fail to pay for any materials, provlslons, provender. supplies, or teams used in, upon. for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 3181, or for amounts due under the Unemployment lnsurance Code with respect to the work or tabor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuarlt to section 13020 of the Unemployment lnsurance Code with resped to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 3248.
Thls bond shall inure fo the benefk of any of the persons named in California Civil Code section 3181, so as to give a right of actlon to those penans or their assigns in any suit brought upon the
bond.
Surety stipulates and agr-s that no change, extension of time, alteration or addition to the terms of the Contract. or to the wok to be performed thereunder or the specifications accompanylng the same shall affect its obllgations on thls bond, and it does hereby waive notice of any change, extenalcln of time, alterations or additlon to the terms of the contract or to the work or to the specifications.
... ............ ................ ...............,... ,........,.. .......... . .. ......
In the event that Contractor Is an individual, it Is agreed that the death of any such Contractor shall not exonerate the Surety from its obllgations under this bond.
Executed by SURETY this 9TH day
of ,20-.
Executed by CONTRACTOR this L3
04 JUNE day of xnc c
CONTRACTOR:
~E~C~NSTRUCTION
-PX(tltle and organbtion of signatory) p_nc+
By: (sig n here)
SURETY:
(aWh$rate resolution 6hQWing cumnt power (print name here) of atto
(title and organization of signatory)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)
(Presldent or vice-president and secretary or assistant secretary must sign for corporations. -If only om o#ZGer.- .-
seal empowering that officer tb bind the corporation.)
APPROVED AS TO FORM:
- signs, the .Corporation must att-3 rrulcrliitinn .certifkd .by. ths 69C~hy.W-ai5siShRt oecretay t;ndGr corporate
RONALD R. BALL
Deputy City Attorney \
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
COUNTY OF ORANGE 1
On 6/9/2004 before me, JENNIFER K. SMITH
NAME OF NOTARY PUBLIC
personally appeared, YUNG T. MULLICK
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT
DATE OF DOCUMENT
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF ORANGE
On JUNE 9,2004 before me, JENNIFER K. SMITH
NAME OF NOTARY PUBLIC
personally appeared, D.G. YEAGER
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in hiskerltheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL INFOMATION
TITLE OR TYPE OF DOCUMENT
DATE OF DOCUMENT
LINCOLN GENERAL 1NSURANCE COMPANY
KJqGV? ALL
Laws of the Commonwealtii of Pennsylsmia, does hereby nomhzte, mnstiture and muoint:
BY TmSE PMSENTS: That Lincolrr Gened jngurance Company, organized and existing by of L9c
Y ung T. Mullick, James VU. Moilanen, Jennifer C. Giboney
jl, true md lawit1 aNomey(s)-in-facl to sip, seai and execute for and on jts behalf, as sure'eTy, bonds, underlakings, and other
obligztory insm~ments of similar nztwe in an amount not to exceed Three MiUIon Dollars (%3,000,000) and to bind if r'hercby a
fully and to the same exleni as ifsuch insbuments were signed by a duly authorized officer oftbe corporation, 2nd 211 the ZCtS of
szid Anome)', pursuanl 10 the authorit), hereby given arc hereby ratificd and confirmed.
RESOLVED that this Power of Atiomey is granted and is signed, sealed and notaized with facsimile signaturcs and Seals m&J
autlioriq of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on ihe 4' dzY of
September, 2002.
RESOLVED that the President, im Executive OT Senior Vice President, or any Vice President of the Company, togeiher the
Secretary or any Assistznl Secretary are hereby authorized to execule Powers of Attorney appointing the person@) named as
Anomcy(sj-in-Fact to date, execute, sign, seal and deliver on behalf of the Company, fidelity and surety bonds, undedings, ad
other similar contracis of sureryship, and my related aocurnmts.
RESOLVED FLqTHER that the signatures of the officers making the appointment, and tbe signature of any oEcsr XhfylnE
the validity and current status of the appointment, may be fa&irnik representations offhose signatures; and the signature and sed
of any notary, and he seal ofthe Company, may be facsimile representations ofthose sjgnatues and seals, md such ficsimik
representations of those signatures ad seals, and such facsimile representations shall have the same force and efiect as if
manually affixed. The facsimile representations referred to herein may be afilxed by stamping, printing, typing, or photoco?ying.
IN W7NESS WHEREOF, Lincoln General Insurance Company has caused its corp
be signed by iis duly auth
,-"
The Commonwealth of P Y ork County
On this 4th day of Sept
depose and say: that he
the sed affixed to the aforesaid ins-ent is such corporate seal and was affixed theretoby order and authority of the Board of
Directors of said Company; and that he executed the said insmunenl by like order and authority and the same wzs his fret acl and
deed.
The Commonwealth of Pennsylvania
York County
1, Gary Omdorff, Secrelary of Lincoln General insurance Company, a corporation of the Commonwealth of Pennsylvania GO
hereby certify ihal Ihe above and foregoing is a full, true and correcl copy of Power of Attorney issued by said Compzny, and of
ihe whok of the orig~nal and thzl thc said Power of Attorney is still in full force and e3ect and has no1 been revoked, and
hithennore that the Resolution of the Board of Direciors, set forth in the said Power of Attorney is now in force.
WHEREOF, whereunto sei my
Of
BOND PREMIUM IS BASED ON FINAL CONTRACT PRICE
BOND PREMIUM: $1,173.00
BOND NO.: 661 12661 -
FAITHFUL PERFORMANCEWARRANTY BOND
of Carlsbad, State of California, by Resolutian , has awarded to , (hereinafter
!fi?!O04 ,.,
WHEREAS the City Council
NO, 91-463 , adopted
designated as the "Prlncipal"), a Contract for:
D.G. YEAGER CONSTRUCTION
BEACH ACCESS IMPROVEMENTS
CONTRACT NO. PKS 03-05
in the City of Carlsbad, In strict conformity with the contract, the drawings and apedficatlons, and other Contract Documents now on ffle in the Office of me City Clerk af the City of Carlsbad, all of which are Incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishlng of a bond for the falthful performance and warranty of said Contract:
NOW, THEREFORE, WE,
in the sum ol f~;;"DREDTWE"DOLLARSrnOllarS ($ 44,920,00
said sum being equal to one hundred percent (100Y0) of the estlrnated amount of the Contract, to be
pald to City or its certain attorney, its successors and assigns: for which payment, well and truty to be
made, w8 bind ourselvca, our heirs. executors and administrators, succe5sors or assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIQATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, succe~or6 or esslgns, shall in all things stand to and abide by, and well and truly keep and perform the covenants. conditions, and agreements in the Contract and any alteration thereof made 8s thereh provided on their part, to be kept and performed et the time and in the manner therein spscffled, and In all respects according to their true intent and meaning, and shall indemntfy and save harmlesa the Clty of CerSsbad, Its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall ramah In full force and
effect.
As a part of the obligation secured hereby 8nd inadditton to the face amount specified therefor, there
shall be included costs and reasonable expensss and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
Surety stipulates and agrees that no change, extensfon of time, alteration or addition to the terns of
the Contract, or to the work to be performed thereunder or the specifications accompanying the
same shall affect its obligations on this bond, and It does hereby walvc notice of any change, extension of time, alterations or addition to the terns of the contract or to the work or to the specifications.
D.G. YEAGER CONSTRUCTION , as Prlncipal,
, a8 Surety, are held and firmly bound unto the City of Carlsbad, (herelnafter designated as the "Contractor"), and LINC~LNG ENERAL INSURANCE COMPANY
)I
'
In the went that Contractor is an [ndividual, it is agreed that the death of any such Contractor shall no! exonerate the Surety from 18 obligstlons under this bond.
Executed by CONTRACTOR this
dayof b,/q ,20& ''
CONTRACTOR;
day of Executed by SURETY this 9TH
JUNE ,202
SURETY:
LINCOLN GENERAL INSURANCE COMPANY
(name of Surety)
f
1nC4
- (Title and OtganfratiG-of Signatory)
By:
{sign here)
r, (print name here)
23232 PERALTA DR. SUITE NA HILLS, Cm53
(949) 461-7000 / //
8y: // I f Attorney-in-Fa&)
- rney-in-Fact)
(Attakh corporate resolution showing curred power of attorney.)
(Tltle and O&mizertlG of signatory)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)
(President or vlce-presldent and secretory or assistant secretary must sign for corporations. If only one ofTicer signs, the carpomtion must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM: RONALD R. BALL
City Attorney n
By:
Deputy City Atbmey !
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
I
STATE OF CALIFORNIA
COUNTY OF ORANGE
On 6/9/2004 before me, JENNIFER K. SMITH
NAME OF NOTARY PUBLIC
personally appeared, YUNG T. MULLICK
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT
DATE OF DOCUMENT
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF ORANGE
On JuNE9,2004 before me, JENNIFER K. SMITH
NAME OF NOTARY PUBLIC
personally appeared, D.G. YEAGER
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
;
I Notary Public California WITNESS my hand and official seal. d
PUBLIC\$IGNATUFE
OPTIONAL INFOFUMATION
TITLE OR TYPE OF DOCUMENT
DATE OF DOCUMENT
OPTIONAL ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the City of Carlsbad whose
address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called ,'City" and
whose address is
hereinafter called
"Contractor" and whose address is
hereinafter
called "Escrow Agent."
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows:
1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California,
the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention
earnings required to be withheld by the City pursuant to the Construction Contract entered into
between the City and Contractor for:
BEACH ACCESS IMPROVEMENTS
CONTRACT NO. PKS 03-05 - in the amount of dated (hereinafter referred to
as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of
the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a
substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit.
The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow
Agent in connection with the handling of retentions under these sections in an amount not less than
$100,000 per contract. The market value of the securities at the time of the substitution shall be a
least equal to the cash amount then required to be withheld as retention under the terms of the
contract between the City and Contractor. Securities shall be held in the name of the City and shall
designate the Contractor as the beneficial owner.
2. The City shall make progress payments to the Contractor for such funds which otherwise would
be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow
Agent holds securities in the form and amount specified above.
3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow
Agent shall hold them for the benefit of the Contractor until such time as the escrow created under
this contract is terminated. The Contractor may direct the investment of the payments into securities.
All terms and conditions of this agreement and the rights and responsibilities of the parties shall be
equally applicable and binding when the City pays the Escrow Agent directly.
4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow
Agent in administering the Escrow Account and all expenses of the City. These expenses and
payment terms shall be determined by the City, Contractor and Escrow Agent. -
em \# Revised 10/08/03 Contract No. PKS 03-05 Page 36 of 83 Pages
5. The interest earned on the securities or the money market accounts held in escrow and all
interest earned on that interest shall be for the sole account of Contractor and shall be subject to
withdrawal by Contractor at any time and from time to time without notice to the City.
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 (I) 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.
IO. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:
For City: Title FINANCE DIRECTOR
Signature
For Contractor:
Name
Signature
Address
For Escrow Agent:
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.
1
e Revised 10/08/03 Contract No. PKS 03-05 Page 37 of 83 Pages
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the
date first set forth above. -
For City:
For Contractor:
For Escrow Agent:
4- sg Revised 10/08/03
Title MAYOR
Name
Signature
Address
Title
Name
Signature
Address
Title
Name
Signature
Address
Contract No. PKS 03-05 Page 38 of 83 Pages
SUPPLEMENTAL PROVISIONS
FOR
BEACH ACCESS IMPROVEMENTS
CONTRACT NO. PKS 03-05
CITY OF CARLSBAD
SUPPLEMENTAL PROVISIONS TO
"GREENBOOK"
STANDARD SPECIFICATIONS for PUBLIC WORKS CONSTRUCTION
2003 EDITION
PART I, GENERAL PROVISIONS
SECTION I -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS
1-1 TERMS
Add the following section:
1-1 .I Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled",
or words of similar import are used, it shall be understood that reference is made to the plans
accompanying these provisions, unless stated otherwise.
Add the following section:
1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are
used, it shall be understood that the direction, designation or selection of the Engineer is intended,
unless stated otherwise. The word "required" and words of similar import shall be understood to
mean "as required to properly complete the work as required and as approved by the Engineer,"
unless stated otherwise.
Add the following section:
1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such
words of similar import are used, it shall be understood such words are followed by the expression "in
the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval",
"acceptance", or words of similar import are used, it shall be understood that the approval,
acceptance, or similar import of the Engineer is intended.
Add the following section:
1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its
expense, shall perform all operations, labor, tools and equipment, and further, including the
furnishing and installing of materials that are indicated, specified or required to mean that the
Contractor, at its expense, shall furnish and install the work, complete in place and ready to use,
including furnishing of necessary labor, materials, tools, equipment, and transportation.
b Revised 10/08/03 Contract No. PKS 03-05 Page 39 of 83 Pages
1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively
defined by the definitions assigned to them herein. I
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 hidher approved representative.
Dispute Board - persons designated by the City Manager to hear and advise the City Manager on
claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute
resolution.
Engineer - the City Engineer of the City of Carlsbad or hidher 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. I of the Standard Specifications and these Supplemental Provisions.
-
Owner OperatorlLessor - 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.
Deputy Public Works Director - The Public Works Supervisor's immediate supervisor and second
level of appeal for informal dispute resolution.
Project Inspector - the Engineer's designated representative for inspection, contract administration
and first level for informal dispute resolution.
Public Works Supervisor- the Project Inspector's immediate supervisor and first level of appeal for
informal dispute resolution.
1-3 ABBREVIATIONS
1-3.2 Common Usage, add the following:
Abbreviation Word or Words
Apts ........................................ Apartment and Apartments
Bldg ........................................ Building and Buildings
CMWD ................................... Carlsbad Municipal Water District
CSSD ..................................... Carlsbad Supplemental Standard Drawings
cfs .......................................... Cubic Feet per Second
Comm .................................... Commercial
DR .......................................... Dimension Ratio
E ............................................. Electric
-
a Revised 10/08/03 Contract No. PKS 03-05 Page 40 of 83 Pages
EWA ....................................... Encina Wastewater Authority
gal .......................................... Gallon and Gallons
Gar ......................................... Garage and Garages
GNV ....................................... Ground Not Visible
gpm ......................................... allons per minute
IE ............................................ Invert Elevation
LWD ....................................... Leucadia Wastewater District
MSL ........................................ Mean Sea Level (see Regional Standard Drawing M-12)
MTBM .................................... Microtunneling Boring Machine
NCTD ..................................... North County Transit District
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 Drawings
SFM ........................................ Sewer Force Main
T ............................................. Telephone
UE .......................................... Underground Electric
VWD ...................................... Vallecitos Water District
- G ............................................ Gas
W .............. .:. ........................... Water, Wider or Width, as applicable
SECTION 2 -- SCOPE AND CONTROL OF THE WORK -
2-3 SUBCONTRACTS.
2-3.1 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 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 (1 0) days in advance of the time and location
of said hearing. The determination of the City 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 perform-
ance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful
performance/warranty bond shall be in a sum not less than one hundred percent of the total amount
payable by the terms of this contract. The Contractor shall provide bonds to secure payment of
laborers and materials suppliers in a sum not less than one hundred percent of the total amount
payable by the terms of this contract.
Both bonds shall extend in full force and effect and be retained by the Agency during this project until
they are released according to the provisions of this section.
4= %# Revised 10/08/03 Contract No. PKS 03-05 Page 41 of 83 Pages
The faithful performancebarranty 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.
Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized
to transact the business of insurance in California and whose assets exceed their liabilities in an
amount equal to or in excess of the amount of the bond. The bonds are to contain the following
documents:
1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
instrument entitling or authorizing the person who executed the bond to do so.
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), 2003 Edition, and the 2004 supplement
thereto, 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 these Specifications. The standard drawings used for this project
are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated
SDRSD, as issued by the San Diego County Department of Public Works, together with the most
recent editions of the City of Carlsbad 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.
-
4w \# Revised 10/08/03 Contract No. PKS 03-05 Page 42 of 83 Pages
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.
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 therefore.
2-9 SURVEYING
2-9.1 Permanent Survey Markers, Delete sections 2-9.1 and replace with the following: The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record@) as required by §Q 8772 and 8773, et seq. of the California Business and Professions Code.
e %# Revised 10/08/03 Contract No. PKS 03-05 Page 43 of 83 Pages
When a change is made in the finished elevation of the pavement of any roadway in which a
permanent survey monument is located, the Contractor shall adjust the monument frame and cover
to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument
frames and covers shall be protected during street sealing or painting projects or be cleaned to the
satisfaction of the Engineer.
2-9.2 Survey Service, Delete sections 2-9.2 and replace with the following: The Contractor shall hire
and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for
establishing control, construction staking, records research and all other surveying work necessary to
construct the work, provide surveying services as required herein and provide surveying, drafting and
other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor
shall be resident on the site during all surveying operations and shall personally supervise and certify
the surveying work.
Add the following section:
2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform to the
requirements of section 2-5.3.3, “Submittals”, herein. The Contractor shall submit grade sheets to
the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall
submit field notes for all surveying required herein to the Engineer within ten days of performing the
survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound
form on 215mm by 280 mm (81/2” by 11”) paper. The field notes, calculations and supporting data
shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from
earlier surveys and all other evidence used by the Surveyor to determine the location of the
monuments set. The field notes and calculations will be labelled with name of the Surveyor, the party
chief, the field crewmembers and the author of the field notes or calculations. They shall be
annotated with the date of observation or calculation, be numbered with consecutive page numbers
and shall be readable without resort to any electronic aid, computer program or documentation for
any computer program. The field notes shall be prepared in conformance with the CALTRANS
“Surveys Manual”. The Contractor shall have a Record of Survey prepared by the Surveyor and file it
in conformance with 99 8700 - 8805 of the State of California Business and Professions Code when
the Surveyor performs any surveying that such map is required under 5s 8762 of the State of
California Business and Professions Code and whenever the Surveyor shall establish, set or
construct any permanent survey monument. SDRS drawing M-I 0 type monuments, bolts, spikes,
leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and
marks that are at, or accessory to, property corners and street centerlines are permanent survey
monuments. The Record of Survey shall show all monuments set, control monuments used, the
basis of bearings and all other data needed to determine the procedure of survey and the degree of
accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted
ratio of closure shall not exceed 1 part in 40,000. The record of survey shall show the location and
justification of location of all permanent monuments set and their relation to the street right-of-way.
Record(s) of Survey(s) shall be submitted for the Engineer’s review and approval before submittal to
the County Surveyor and before submittal to the County Recorder.
-
2-10 AUTHORITY OF BOARD AND ENGINEER.
Add the following section:
2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of
all records in the Contractor’s or subcontractor’s possession pertaining to the work that the Engineer
may request.
@ Revised 10/08/03 Contract No. PKS 03-05 Page 44 of 83 Pages
Add the following section:
2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer,
within San Diego County, accurate books and accounting records relative to all its activities and to
contractually require all subcontractors to this Contract to do the same. The Engineer shall have the
right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to
this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to,
audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff
and the staff of all subcontractors to this contract. At any time during normal business hours and as
often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make
available to the Engineer for examination, all of its, and all subcontractors to this contract, records
with respect to all matters covered by this Contract and will permit the Engineer to audit, examine,
copy and make excerpts or transcripts from such data and records, and to make audits of all
invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by
this Contract. However, any such activities shall be carried out in a manner so as to not
unreasonably interfere with Contractor's ongoing business operations. Contractor and all
subcontractors to this contract shall maintain such data and records for as long as may be required
by applicable laws and regulations.
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.
3-3 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.
3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following:
(a) 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
Work by Contractor. The following percentages shall be added to the Contractor's costs
To the sum of the costs and markups provided for in this section, 1 percent shall be added as
compensation for bonding.
e %# Revised 10/08/03 Contract No. PKS 03-05 Page 45 of 83 Pages
(b) 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.
Work by Subcontractor.
I
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 12650-1 2655.
“The undersigned certifies that the above statements are made in full cognizance of the California
False Claims Act, Government Code sections 12650-1 2655. 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.
-
e Revised 10/08/03 Contract No. PKS 03-05 Page 46 of 83 Pages
3-5 DISPUTED WORK.
.c
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. Deputy City Engineer, Construction Management & Inspection
4. City Engineer
5. City Manager
The Contractor shall submit a complete report within 20 working days after completion of the
disputed work stating its position on the claim, the contractual basis for the claim, along with all
documentation supporting the costs and all other evidentiary materials. At each level of claim or
appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review
the Contractor's report and respond with a position, request additional information or request that the
Contractor meet and present its report. When additional information or a meeting is requested the
City will provide its position within 10 working days of receipt of said additional information or
Contractor's presentation of its report. The Contractor may appeal each level's position up to the City
Manager after which the Contractor may proceed under the provisions of the Public Contract Code.
The authority within the dispute resolution chain of command is limited to recommending a resolution
to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions
in the contract.
-
All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures
in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section
201 04) 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 contractor and a local agency.
(2) This article shall not apply to any claims resulting from a contract between a contractor and a
public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1
(commencing with Section 10240) of Chapter 1 of Part 2.
(b)(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 af&er January 1, 1991.
-
e* %# Revised 10/08/03 Contract No. PKS 03-05 Page 47 of 83 Pages
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
within the time prescribed, the claimant may so notify the local agency, in writing, either within 15
days of receipt of the local agency's response or within 15 days of the local agency's failure to
respond within the time prescribed, respectively, and demand an informal conference to meet and
confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a
meet and confer conference within 30 days for settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any portion remains in dispute, the
claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2
(commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For
purposes of those provisions, the running of the period of time within which a claim must be filed
shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a)
until the time that claim is denied as a result of the meet and confer process, including any period of
time utilized by the meet and confer process. (9 This article does not apply to tort claims and nothing in this article is intended nor shall be
construed to change the time periods for filing tort claims or actions specified by Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division
3.6 of Title 1 of the Government Code.
-
20104.4. The following procedures are established for all civil actions filed to resolve claims subject
to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court
shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties.
The mediation process shall provide for the selection within 15 days by both parties of a disinterested
third person as mediator, shall be commenced within 30 days of the submittal, and shall be
concluded within 15 days from the commencement of the mediation unless a time requirement is
extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to
select a mediator within the 15-day period, any party may petition the court to appoint the mediator.
(b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to
-
-* Revised 10/08/03 Contract No. PKS 03-05 Page 48 of 83 Pages
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 .IO) 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.
SECTION 4 - CONTROL OF MATERIALS
- 4-1 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, dewatering and all elements pertaining to the safety
of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial
Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and
such other safety regulations as may apply. Contractor shall furnish Engineer with such information
as may be necessary to keep the Engineer fully informed regarding progress and manner of work
and character of materials. Inspection or testing of the whole or any portion of the work or materials
incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract.
4-1.4 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
any time during their preparation and use. If, after incorporating such materials into the Work, it is
found that sources of supply that have been approved do not furnish a uniform product, or if the
product from any source proves unacceptable at any time, the Contractor shall furnish approved
material from other approved sources. If any product proves unacceptable after improper storage,
handling or for any other reason it shall be rejected, not incorporated into the work and shall be
removed from the project site all at the Contractor's expense.
__
Revised 10/08/03 Contract No. PKS 03-05 Page 49 of 83 Pages
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.
Add the following section:
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@), 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(@ 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
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.
Delete section 6-1 and substitute the following: Except as otherwise provided herein and unless
otherwise prohibited by permits from other agencies as may be required by law the Contractor shall
begin work within 14 calendar days after receipt of the "Notice to Proceed".
Add the following section:
6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will
set the time and location for the Preconstruction Meeting. Attendance of the Contractor's
management personnel responsible for the management, administration, and execution of the
project is mandatory for the meeting to be convened. Failure of the Contractor to have the
Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for
default by Contractor per section 6-4. No separate
attendance at the meeting. The notice to proceed will
the preconstruction meeting.
payment will be made- for the Contractor's
only be issued on or after the completion of
b Revised 10/08/03 Contract No. PKS 03-05 Page 50 of 83 Pages
- Add the following section:
6-1 .I .I Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline
Construction Schedule per the submittal requirements of section 2-5.3. The submittal of the Baseline
Construction Schedule shall include each item and element of sections 6-1.2 through 6-1.2.9 and
shall be on hard (paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media.
Add the following section:
6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall
prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the
precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall
depict a workable plan showing the sequence, duration, and interdependence of all activities
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:
6-1.2.1 Time-Scaled Network Diagram. As a part of the Baseline Construction Schedule the
Contractor shall prepare and submit to the Engineer a complete time-scaled network diagram
showing all of the activities, logic relationships, and milestones comprising the schedule.
Add the following section:
6-1.2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall
prepare and submit to the Engineer a tabular listing of all of the activities, showing for each activity
the identification number, the description, the duration, the early start, the early finish, the late start,
the late finish, the total float, and all predecessor and successor activities for the activity described.
Add the following section:
6-1.2.3 Bar Chah As a part of the Baseline Construction Schedule the Contractor shall prepare
and submit to the Engineer a chart showing individual tasks and their durations arranged with the
tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture
patterns or distinctive line types to show the critical path.
Add the following section:
6-1.2.4 Schedule Software. The Contractor shall use commercially available software equal to
the Windows 2000 compatible "Suretrak program by Primavera or "Project" program by Microsoft
Corporation to prepare the Baseline Construction Schedule and all updates thereto. The Contractor
shall submit to the Agency a CD-ROM data disk with all network information contained thereon, in a
format readable by a Microsoft Windows 2000 system. The Agency will use a "Suretrak", "Project" or
equal software program for review of the Contractor's schedule. Should the Contractor elect to use a
scheduling program other than the "Suretrak" program by Primavera or "Project" program by
Microsoft Corporation the Contractor shall provide the Engineer three copies of the substituted
program that are fully licensed to the Agency and 32 class hours of on-site training by the program
publisher for up to eight Agency staff members. The classes shall be presented on Mondays through
Thursdays, inclusive, between the hours of 8:OO a.m. and 500 p.m. The on-site training shall be
held at 1635 Faraday Avenue, Carlsbad, California. The dates and times of the on-site training shall
be submitted to the Engineer for approval five working days before the start of the on-site training.
The on-site training shall be completed prior to the submittal of the first Baseline Construction
Schedule. -
Revised 10/08/03 Contract No. PKS 03-05 Page 51 of 83 Pages
Add the following section:
6-1.2.5 Schedule Activities. Except for submittal activities, activity durations shall not be shorter
than 1 working day nor longer than 15 working days, unless specifically and individually allowed by
the Engineer. The Baseline Construction Schedule shall include between 100 and 500 activities,
including submittals, interfaces between utility companies and other agencies, project milestones and
equipment and material deliveries. The number of activities will be sufficient, in the judgment of the
Engineer, to communicate the Contractor’s plan for project execution, to accurately describe the
project work, and to allow monitoring and evaluation of progress and of time impacts. Each activity’s
description shall accurately define the work planned for the activity and each activity shall have
recognizable beginning and end points.
-_
Add the following section:
6-1 2.6 Float.
to whatever party or contingency first exhausts it.
Float or slack time within the schedule is available without charge or compensation
Add the following section:
6-1.2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency
supplied materials, equipment, or services, which may impact any activity’s construction shall be
shown as a restraint to those activities. Time periods to accommodate the review and correction of
submittals shall be included in the schedule.
Add the following section:
6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer
than the specified contract duration will not be acceptable and will be grounds for determination of
default by Contractor, per section 6-4.
Add the following section:
6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor’s plan to
support and maintain the project for the entire contractual time span of the project. Should the
Contractor propose a project duration shorter than contract duration, a complete Baseline
Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance
with all schedule requirements of section 6-1. The Engineer may choose to accept the Contractor’s
proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the
shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public
and private, which interface with the project are able to support the provisions of the shortened
Baseline Construction Schedule. The Agency’s acceptance of a shortened duration project will be
confirmed through the execution of a contract change order revising the project duration and
implementing all contractual requirements including liquidated damages in accordance with the
revised duration.
-
Add the following section:
6-1.2.10 Engineer’s Review. The Construction Schedule is subject to the review of the Engineer.
The Engineer’s determination that the Baseline Construction Schedule proposed by the Contractor
complies with the requirements of these supplemental provisions shall be a condition precedent to
issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction
Schedule does not meet the requirements of these specifications the Contractor shall correct the
Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the
Contractor to obtain the Engineer’s determination that the initial Construction Schedule proposed by
the Contractor complies with the requirements of these supplemental provisions within thirty (30)
working days after the date of the preconstruction meeting shall be grounds for termination of the
contract per section 6-4. Days used by the Engineer to review the initial Construction Schedule will
not be included in the 30 working days.
-
‘c“9 Revised 10/08/03 Contract No. PKS 03-05 Page 52 of 83 Pages
The Engineer will review and return to the Contractor, with any comments, the Baseline Construction
Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned
marked as per sections 6-1.2. IO. 1 through 6-1.2.10.3.
Add the following section:
6-1.2.10.1 “Accepted.”
Notice to Proceed, and will receive payment for the schedule in accordance with section 6-1.8.1.
The Contractor may proceed with the project work upon issuance of the
Add the following section:
6-1.2.1 0.2 “Accepted with Comments.” The Contractor may proceed with the project work upon
issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the
comments prior to receipt of payment per section 6-1.8.1.
Add the following section:
6-1.2.10.3 “Not Accepted.” The Contractor must resubmit the schedule incorporating the
corrections and changes of the comments prior to receipt of payment per section 6-1.8. I. The Notice
to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as
required hereinbefore and marked “Accepted” or “Accepted with Comments” by the Engineer. The
Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract
under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments
are not submitted as required hereinbefore and marked “Accepted” by the Engineer.
Add the following section:
6-1. 7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update
when one hundred percent of the construction work is completed. The Contractor’s Final Schedule
Update must accurately represent the actual dates for all activities. The final schedule update shall
be prepared and reviewed. Acceptance of the final schedule update is required for completion of the
project and release of any and all funds retained per section 9-3.2.
Add the following section:
6-1 .I Measurement And Payment Of Construction Schedule. The Contractor’s preparation,
revision and maintenance of the Construction Schedule are incidental to the work and no separate
payment will be made therefore.
6-2 PROSECUTION OF WORK.
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. The work includes repair of stairs, handrails,
wooden walkway and preparation and painting of all handrails included in this project.
6-2.2 Stairway Repairs Construction Phasing
Add the following section:
6-2.2.1 Phase 1. Phase I consists of posting construction dates for each of the five stairways
included in this project. Posting shall measure 8 x 11.5” and shall be placed in a waterproof
document holder affixed to a Type I barricade at the top and bottom of each access stairway. The
Contractor shall post construction dates and anticipated closure dates a minimum of five (5) working
days prior to beginning work on each stairway. These notices shall provide direction to the nearest
stairway offering access to the beach or to the street in the case of postings located at the bottom of
the stairs.
e %# Revised 10/08/03 Contract No. PKS 03-05 Page 53 of 83 Pages
,- Add the following section:
6-2.2.2 Phase II. Phase II consists of performing repairs to handrails, preparatory work and painting
of handrails, concrete repairs and wooden walkway repairs and painting (where applicable) for each
stairway indicated as part of this project. The Contractor may close two stairways at a time for it’s
work but shall not close any two stairways that are adjacent at any one time. The intent of this
specification is to allow public access to and from the beach without causing the public to travel
farther than the distance between any three staircases.
Add the following section:
6-2.2.4 Phase 111. Phase Ill consists of performing the remainder of work not completed in the
previous phases. The work in this phase primarily focuses on cleaning of the project site, removal of
construction notices and temporary construction fencing.
Add the following section:
6-2.3 Project Meetings. The Engineer will establish the time and location of (bi-weekly) Project
Meetings. The Contractor’s Representative shall attend each Project Meeting. The Project
Representative shall be the individual determined under section 7-6, “The Contractor’s
Representative”, SSPWC. No separate payment for attendance of the Contractor, the Contractor’s
Representative or any other employee or subcontractor or subcontractor‘s employee at these
meetings will be made.
6-6 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) therefore.
6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work
to completion within 90 working days after the starting date specified in the Notice to Proceed.
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:OO a.m. and 4:OO 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 hidher 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.
%# Revised 10/08/03 Contract No. PKS 03-05 Page 54 of 83 Pages
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 recordation 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 recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period.
6-9 LIQUIDATED DAMAGES.
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 two hundred fifty dollars ($250.00).
Execution of the Contract shall constitute agreement by the Agency and Contractor that two hundred fifty dollars ($250.00). 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. .-
SECTION 7 -- RESPONSIBILITIES OF THE CONTRACTOR
7-3 LIABILITY INSURANCE.
Modify as follows: All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V and are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California.
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 official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance.
7-5 PERMITS.
Delete the first sentence and add the following four sentences: Except as specified herein the
Contractor will obtain, at no cost to the Contractor all City of Carlsbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit@) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefore.
w 6# Revised 10/08/03 Contract No. PKS 03-05 Page 55 of 83 Pages
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.
7-8 PROJECT SITE MAINTENANCE.
7-8.1 Cleanup and Dust Control. Add the following: 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 hidher sole discretion, are necessary to preserve the health, safety
and welfare of the public. Cleanup and dust control shall be considered incidental to the items of
work that they are associated with and no additional payment will be made therefore.
7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a
construction meter for water used for the construction, plant establishment, maintenance, cleanup,
testing and all other work requiring water related to this contract. The Contractor shall contact the
appropriate water agency for requirements. The Contractor shall pay all costs of temporary light,
power and water including hookup, service, meter and any, and all, other charges, deposits and/or
fees therefore. Said costs shall be considered incidental to the items of work that they are
associated with and no additional payment will be made therefore.
7-8.6 Water Pollution Control. Add the following: Contractor shall comply with the California State
Water Resources Control Board (SWRCB) Order Number 99-08-DWQ, National Pollutant Discharge
Elimination System (NPDES) General Permit Number CAS000002, Waste Discharge Requirements
(WDR’s) for Discharges of Stormwater Runoff associated with Construction Activity (General Permit)
and subsequent adopted modifications and with all requirements of the Storm Water Pollution
Prevention and Monitoring Plans for this project in accordance with these regulations.
-
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.
7-10.1 Traffic and Access. add the following: The Contractor shall schedule the work so as to
prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by
calling the City’s contracted waste disposal company, Coast Waste Management at 929-941 7.
During overlay operations, the Contractors schedule for overlay application shall be designated to
provide residents and business owners whose streets are to be overlaid sufficient paved parking
within an 800 foot distance from their homes or businesses.
e% Revised 10/08/03 Contract No. PKS 03-05 Page 56 of 83 Pages
Seventy-two hours prior to the start of any construction in the public right-of-way that affects vehicular
traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the
impending disruption. For a full street closure, all residences and/or businesses on the affected
street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the
residences and/or businesses directly affected by the work shall be notified.
The notification shall be hand delivered and shall state the date and time the work will begin and its
anticipated duration. The notification shall list two telephone numbers that may be called to obtain
additional information. One number shall be the Contractor’s permanent office or field office and the
other number shall be a 24-hour number answered by someone who is knowledgeable about the
project. At least one of the phone numbers shall be in the (760) area code. An answering machine
shall not be connected to either number. The notification shall also give a brief description of the
work and simple instructions to the home or business owner on what they need to do to facilitate the
construction. The Contractor shall submit the contents of the notification to the Engineer for
approval. Notices shall not be distributed until approved by the Engineer.
For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a
doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be
brightly colored with contrasting printing. The material shall be equivalent in strength and durability to
65 Ib. card stock. The printing on the notice shall be no smaller than 12 point. An example of such
notice is provided in Appendix “A.
In addition to the notifications, the contractor shall post no parking signs 48 hours in advance of the
work being performed. The no parking signs shall state the date and time of parking restriction for a
duration not to exceed the time necessary to complete the work at that location. Failure of the
contractor to meet the posted date requires re-posting the no parking signs 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.
7-1 0.3 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) 602-2720
2) Carlsbad Fire Department Dispatch .................................................. (760) 931 -21 97
3) Carlsbad Police Department Dispatch .............................................. (760) 931 -21 97
4) Carlsbad Traffic Signals Maintenance ............................................... (760) 438-2980 X-2937
5) Carlsbad Traffic Signals Operations.. .......................................... (760) 602-2752
6) North County Transit District.. ...................................................... (760) 967-2828
7) 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.
@ Revised 10/08/03 Contract No. PKS 03-05 Page 57 of 83 Pages
7-10.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in
accordance with the plans, Chapter 5 of the CALTRANS "Traffic Manual", 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 hidher 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:
7-1 0.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control
devices shall be maintained throughout the duration of work in good order and according to the
approved traffic control plan. All construction area signs shall conform to the provisions of section
206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of section
214-5.1 .et seq. All temporary reflective channelizers shall conform to the provisions of section
214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall
conform to the provisions of section 21 0-1.6 et seq. except that all temporary paint shall be rapid dry
water borne conforming to section 210-1.6for 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 Contractor when no longer required.
Warning and advisory signs that remain in place overnight shall be stationary mounted signs.
Stationary signs that warn of non-existent conditions shall be removed from the traveled way and
from the view of motorists in the traveled way or shielded from the view of the traveling public during
such periods that their message does not pertain to existing conditions. Care shall be used in
performing excavation for signs in order to protect underground facilities. All excavation required to
install stationary construction area signs shall be performed by hand methods without the use of
power equipment. Warning and advisory signs that are used only during working hours may be
portable signs. Portable signs shall be removed from the traveled way and shielded from the view of
the traveling public during non-working hours. During the hours of darkness, as defined in Division 1 ,
Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the
Contractor, shall be in conformance with the provisions in section 206-7.2 et seq. If illuminated traffic
cones rather than post-type delineators are used during the hours of darkness, they shall be affixed
or covered with reflective cone sleeves as specified in CALTRANS "Standard Specifications", except
the sleeves shall be 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
Contractor's 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 cones or portable delineators placed on a taper
in advance of the parked vehicles or equipment and along the edge of the pavement at not less than
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) cones 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 signpost or
telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the
Engineer.
I
a Revised 10/08/03 Contract No. PKS 03-05 Page 58 of 83 Pages
Add the following section:
7-1 0.3.2 Maintaining Traffic. The Contractor's personnel shall not work closer than (insert minimum acceptable lateral safety buffer distance, eg. 1.8 m (6')), nor operate equipment within
0.6 m (2') from any traffic lane occupied by traffic. For equipment the than (insert minimum
acceptable shy distance, eg. 0.6 m (2')) shall be measured from the closest approach of any part of
the equipment as it is operated and/or maneuvered in performing the work. This requirement may be
waived when the Engineer has given written authorization to the reduction in clearance that is
specific to the time, duration and location of such waiver, when such reduction is shown on the traffic
control plans 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.
During the entire construction, a minimum of two paved traffic lanes, not less than 11' wide, shall be
open for use by public traffic in each direction of travel.
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
"Traffic Manual", 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 closed for only the duration of work periods, all components of the traffic control
system, except portable delineators placed along open trenches or excavation adjacent to the
traveled way, shall be removed from the traveled way and shoulder at the end work period. If the
Contractor so elects, said components may be stored at selected central locations, approved by the
Engineer, within the limits of the right-of-way.
Add the following section:
7-1 0.3.5 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
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.
@ Revised 10/08/03 Contract No. PKS 03-05 Page 59 of 83 Pages
Add the following section:
7-1 0.3.6 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 2-5.3, et seq. and obtain the
Engineer’s approval of the TCP prior to implementing them. The minimum 20-day review period
specified in section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP,
new, modified or added to, for the Engineer’s review. New or revised TCP submittals shall include
all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in
sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of
features affecting the traffic control plan and the methodology proposed to transition to the
subsequent TCP phase. When the vertical alignment of the travelled surface differs from the
finished pavement elevation vertical curves must also be shown. Such modifications, supplements
and/or new design of TCP shall meet the requirements of the Engineer and Chapter 5 of the “Traffic
Manual’, 1996 Edition as published by CALTRANS. Such modification, addition, supplement, and/or
new design of TCP shall be prepared by a registered professional engineer appropriately registered
in the State of California. The Engineer shall be the sole judge of the suitability and quality of any
such modifications, supplements, and/or new designs to TCP. The Engineer may approve any such
modifications, supplements, and/or new designs to the TCP when, in the Engineer’s sole opinion,
such modifications, supplements, and/or new designs to the TCP prepared by the registered
professional engineer retained by the Contractor will be beneficial to the best interests of the Agency.
Such modification, addition, supplement, and/or new design shall not be implemented and no work
shall be commenced that is contingent on such approval until the changed TCP are approved by the
Engineer. The preparation of such modification, addition, supplement, and/or new designs of TCP
shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review
requirements for such modifications, supplements, and/or new designs to TCP shall conform to the
requirements of section 2-5.3 Shop Drawings and Submittals.
Add the following section:
7-1 0.3.7 Payment.
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 therefore.
Add the following section:
7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary
precautions for the safety of employees on the work and shall comply with all applicable provisions of
Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons
on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect
and properly maintain at all times, as required by the conditions and progress of the work, all
necessary safeguards for the protection of workers and public, and shall use danger signs warning
against hazards created by such features of construction as protruding nails, hoists, well holes, and
falling materials.
The Contractor is advised that temporary construction fencing will be required to limit public
access to the stairways during construction operations. This fencing must be of sufficient
height and construction to prevent the unauthorized access to the stairways during working
hours and after working hours. Fencing will be required at all access points to the stairs
including the top, bottom and any side entrances to the project areas.
em \# Revised 10/08/03 Contract No. PKS 03-05 Page 60 of 83 Pages
- The Contractor shall furnish all labor and materials to perform, install, maintain, replace and remove
all temporary construction fencing as incidentals to the work with which they are associated and no
other compensation will be allowed therefore.
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 1601 et seq. of the Fish and Game Code shall become conditions of
the contract.
SECTION 8 -- FACILITIES FOR AGENCY PERSONNEL
8-2 FIELD OFFICE FACILITIES. Add the following: No field office for agency personnel is required for
this project.
SECTION 9 -- MEASUREMENT AND PAYMENT
9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK
9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall be the
U.S. Standard Measures.
9-3 PAYMENT.
9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall
not be affected by any payment but shall commence on the date of recordation of the "Notice of
Completion"
9-3.2 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 (IO) 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. .I
w
Revised 10/08/03 Contract No. PKS 03-05 Page 61 of 83 Pages
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.
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.
9-3.2.1 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 information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims.
Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those claims remaining in dispute.
Add the following section: 9-3.3.1 Delivered Materials. into the will not be included in the progress estimate.
Add the following section:
9-3.4.1 Mobilization and Preparatory Work.
The cost of materials and equipment delivered but not incorporated
Payment for mobilization and preparatory Work will
I be included in the various items of work and no other payment will be made.
sg Revised 10/08/03 Contract No. PKS 03-05 Page 62 of 83 Pages
SUPPLEMENTAL PROVISIONS
TO
“GREEN BOOK”
Type of Construction
All Concrete Used Within the Right-of-way
Trench Backfill Slurry
Street Light Foundations and Survey Monuments
Traffic Signal Foundations
Concreted-Rock Erosion Protection
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART 2, CONSTRUCTION MATERIALS
Concrete Maximum
Class Slump mm (Inches)
330-C-23 (2)
(560-C-3250) (I)
(1 90-E-400)
(560-C-3250)
(590-C-3750)
(520-C-25OOP)
1 15-E-3 200 (8”)
330-C-23 100 (4”)
350-C-27 100 (4”)
31 0-C-I 7 per Table 300-1 1.3.1
SECTION 200 - ROCK MATERIALS
200-1 ROCK PRODUCTS
Add the following section:
200-1.2.2 Permeable Material. Permeable material shall consist of hard, durable, clean sand,
gravel, or crushed stone, and shall be free from organic material, clay balls, or other deleterious
substances. Class 1 and Class 2 permeable material shall have a Durability Index of not less than
40. Class 2 Permeable material shall have a Sand Equivalent value of not less than 75. Class 1
permeable material shall conform to the requirements in this section and Table 200-1.2.2(A). Class 2
permeable material shall conform to the requirements in this section and Table 200-1.2.2(B). When permeable material is required and the class or kind is not specified, Class 1 permeable material
shall be used. The alternative gradings within Class 1 permeable material are identified by types.
Unless otherwise shown on the plans the Contractor will be permitted to furnish and place any one of
the types provided for this class. The percentage composition by mass of permeable material in
place shall conform to the gradings in Tables 200-1.2.2(A) and 200-1.2.2(B).
c SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS
201-1 PORTLAND CEMENT CONCRETE
TABLE 201 -1 .I .2(A) Modify as follows:
Revised 10/08/03 Contract No. PKS 03-05 Page 63 of 83 Pages
SECTION 206 - MISCELLANEOUS METAL ITEMS
Add the following section:
206-7 TRAFFIC SIGNS.
Add the following section:
206-7.2 Temporary Traffic Signs. Temporary traffic signs shall consist of all signs used for the
direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic during the
Contractor’s performance of the Work. Temporary traffic signs include both stationary and portable
signs.
Add the following section:
206-7.2.1 General. Materials, legend, proportion, size, and fabrication of all temporary traffic 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,
Office of Material Operations, I900 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 For Reflective Sheeting Signs, October 1993”, 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:
206-7.2.2 Drawings. Modify the “Specifications For Reflective Sheeting Signs, October 1993” as
follows: Standard temporary traffic 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@) or the date of the
“Notice to Proceed” of this contract, whichever is most recent.
Add the following section:
206-7.2.3 Reflective Sheeting. Modify the “Specifications For Reflective Sheeting Signs, October
1993” as follows: All advisory signs, warning signs and all regulatory signs shall be fabricated with
Type Ill encapsulated lens sheeting conforming to the requirements of this specification.
Add the following section:
206-7.2.4 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 be stationary mounted and shall use aluminum
substrate.
4w %# Revised 10/08/03 Contract No. PKS 03-05 Page 64 of 83 Pages
Add the following section:
206-7.2.5 Stationary Mounted Temporary Traftic Signs. Stationary mounted temporary trafftc
signs shall be installed on IO-gage and 12-gage cold-rolled steel perforated tubing posts in the same
manner shown on the State of California, Department of Transportation “Standard Plans” 1995
edition standard plans numbers RS1 , RS2, RS3 and RS4 for installation of roadside signs, except as
follows:
-
a) Wood posts shall not be used.
b) Back braces and blocks for sign panels will not be required.
c) The height to the bottom of the sign panel above the edge of traveled way shall be at least
2.1 m (7’).
d) Unless otherwise shown on the plans traffic sign posts shall conform in materials and
installation to SDRS drawing M-45 and shall have one post provided for each 0.48 m2 (5
f?)of sign area, or the signs may be installed on existing lighting standards when approved
by the Engineer.
e) Sign panels mounted on temporary traffic sign posts shall conform to the requirements
specified for aluminum signs in the “Specifications For Reflective Sheeting Signs, October
1993”.
Add the following section:
206-7.2.6 Temporary Traffic Sign Posts. Posts shall be IO-gage or 12-gage cold-rolled steel
perforated tubing used for the support and stabilization of stationary mounted temporary signs. Post
size and number of posts shall be as shown on the plans, except that when stationary mounted signs
are installed and the type of sign installation is not shown on the plans, post size and the number of
posts will be determined by the Engineer. Sign panels for stationary mounted signs shall consist of
reflective sheeting applied to a sign substrate.
Add the following section:
206-7.2.7 Portable Temporary Traffic Signs. Each portable temporary trafftc sign shall consist of
a base, standard or framework and a sign panel. The units shall be capable of being delivered to the
site of use and placed in immediate operation. Sign panels for portable signs shall conform to the
requirements of sign panels for stationary mounted signs in the “Specifications For Reflective
Sheeting Signs, October 1993, or shall be cotton drill fabric, flexible industrial nylon fabric, or other
approved fabric. Fabric signs shall not be used during the hours of darkness. Size, color, and
legend requirements for portable signs shall be as described for stationary mounted sign panels in
section 206-7.2 of these Supplemental Provisions. The height to the bottom of the sign panel above
the edge of traveled way shall be at least 0.3-m (12”). All parts of the sign standard or framework
shall be finished with 2 applications of orange enamel which will match the color of the sign panel
background. Testing of paint will not be required.
,-
Add the following section:
206-8 LIGHT GAGE STEEL TUBING AND CONNECTORS.
Add the following section:
206-8.1 General. This Section pertains to 1 0-gage and 12-gage cold-rolled steel perforated tubing
used for the support and stabilization of signs. All shapes shall have a galvanized finish and shall be
cold-roll-formed steel conforming to ASTM Designation A-446, Grade A. Galvanizing shall conform to
ASTM A-525, Designation G-90. Galvanizing shall be performed after all forming and punching
operations have been completed. Cold-rolled steel perforated tubing shall be perforated on all four
faces with I Imm (7/16”) holes on 25 mm (1”) centers.
em %g Revised 10/08/03 Contract No. PKS 03-05 Page 65 of 83 Pages
Add the following section:
206-8.2 Tolerances. Wall thickness tolerance shall not exceed +0.28 mm, -0.13 mm (+0.01 I",
-0.005"). Convexity and concavity measured in the center of the flat side shall not exceed a tolerance
of +0.25 mm (+0.010") applied to the specific size determined at the corner. Straightness tolerance
variation shall not exceed 1.6 mm in 1 m (1116 " in 3'). Tolerance for corner radius is 4.Omm (5/32"),
plus or minus 0.40 rnm (1164"). Weld flash on corner-welded square tubing shall permit 3.60 mm
(9/64") radius gage to be placed in the corner. Using IO-gage or 12-gage square tube, consecutive
size tubes shall telescope freely for 3.lm (IO'). Tolerance on hole size is plus or minus 0.40 mm
(1/64) on a size. Tolerance on hole spacing is plus or minus 3.2 mm in 6.1 m (1/8" in 20'). In
addition, for the following specific sizes of light gage steel tubing, dimensional tolerances shall not
exceed those listed in tables 206-8.2 (A) and 206-8.2(8).
Nominal Outside Dimensions
mm (inches)
(1 x 1) (I'/~ x I~/~)
(Ill2 x 1'/2)
(1 3/4 x 1 "4)
25 x 25
32 x 32
38 x 38
44 x 44
51 x51 (2 x 2)
56 x 56
64 x 64
51 x76 (2 x 3)
(23/ls x 23/16)
(2'/2 x 2l/2)
57 x 57 (z'/~ x
Outside Tolerance for All Sides at Corners
mm (inches)
0.13 0.005
0.15 0.006
0.15 0.006
0.20 0.008
0.20 0.008
0.25 0.01 0
0.25 0.010
0.25 0.010
0.25 0.01 0
TABLE 206-8.2(8)
Nominal Outside Dimension
(1 x 1) (1 34 x 144)
(1 -'/2 x 14)
(1 -"4 x 1 -"4)
(2-3/ls x 2-3/le)
(2-'/4 X 2-'/4)
(2-l/2 x 24)
mm (Inches)
25 x 25
32 x 32
38 x 38
44 x 44
51 x51 (2 x 2)
56 x 56
57 x 57
64 x 64
51 x76 (2 x 3)
Squarenesd') Twist Permissible in 900 mm (3")
mm (Inches) mm(2) (I nches)(2)
0.1 5 0.006 1.3 0.050
0.18 0.007 1.3 0.050
0.20 0.009 1.3 0.050
0.25 0.01 0 1.6 0.062
0.30 0.01 2 I .6 0.062
0.36 0.014 1.6 0.062
0.36 1.014 1.6 0.062
0.38 0.015 1.9 0.075
0.46 0.01 8 1.9 0.075
(') Tubing may have its sides failing to be 90 degrees to each other by the tolerance listed.
(2) Twist is measured by holding down the edge of one end of a square tube on a surface plate
with the bottom side of the tube parallel to the surface plate, and noting the height that either
corner on the opposite end of the bottom side is above the surface plate.
Add the following section:
206-8.3 Fasteners. Fasteners used to assemble cold-rolled steel perforated tubing shall be steel
"pull-through" electrogalvanized rivets with 9.5 mm (3/8") diameter shank, 22 mm (718") diameter
head, and a grip range of from 5 mm (0.200") to 0.90 mm (0.356"). The fasteners shall conform to
ASTM 8-633, Type Ill
Revised 10/08/03 Contract No. PKS 03-05 Page 66 of 83 Pages
SECTION 213 - ENGINEERING FABRICS
21 3-2 GEOTEXTILES.
213-2.1 General.
Table 21 3-2.1 (A)
Add the following: Geotextile types shall be used for the applications listed in
Table 213-2.1(A)
GEOTEXTILE APPLICATIONS
Add the following section:
213-3 EROSION CONTROL SPECIALTIES.
Add the following section:
213-3 Gravel bags. Gravel bags for the use of temporary erosion control shall be burlap type, filled
with no less than 23kg (50 Ibs) of 19 rnm (3/411) crushed rock and securely tied closed. Plastic bags
are not acceptable.
@ Revised 10/08/03 Contract No. PKS 03-05 Page 67 of 83 Pages
SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 3, CONSTRUCTION METHODS
SECTION 300 - EARTHWORK
300-9 GEOTEXTILES FOR EROSION CONTROL. Modify as follows: 300-9 GEOTEXTILES FOR
EROSION CONTROL AND WATER POLLUTION CONTROL.
Add the following section:
300-9.2 General. The Contractor shall provide erosion control and water pollution control conforming
to the requirements shown on the plans, as specified herein, and as elsewhere required by the
Contract Documents. Erosion control and water pollution control shall include the work specified
herein, and such additional measures, as may be directed by the Engineer, to meet Best
Management Practices, as defined herein, and to properly control erosion and storm water damage
of the limits of work and construction impacts upon areas receiving drainage flows from within the
limits of work.
Add the following section:
300-9.2.1 Grading Controls. The Contractor shall protect all areas that have been graded and/or
cleared and grubbed as well as areas that have not been graded and/or cleared and grubbed within
the limits of work from erosion. The Contractor shall provide temporary earth berms, gravel bags, silt fences, stabilized construction entrances and similar measures, coordinated with its construction
procedures, as necessary and as shown on the plans to control on site and off site erosion during the
construction period. The Contractor will be required to protect areas which have been cleared and
grubbed prior to excavation or embankment operations, and which are subject to runoff during the
duration of the contract. The criteria used to determine the appropriate erosion control measures
shall be the "Best Management Practices", hereinafter BMP, defined and described in the,
"Stormwater Best Management Practices Handbook, Construction", January 2003 edition as
published by the California Stormwater Quality Association. The Contractor shall maintain a copy of
the "Stormwater Best Management Practices Handbook, Construction", January 2003 edition on the
project site and shall conduct its operations in conformity to said Handbook.
I
Temporary erosion control measures provided by the Contractor shall include, but not be limited to,
the following:
a) Embankment areas, while being brought up to grade and during periods of completion prior to
final roadbed construction, shall be graded so as to direct runoff into impoundment areas within
the limits of work where such runoff shall have pollutants removed by BMP methods .
b) The Contractor shall provide protection by BMP measures to eliminate erosion and the siltation of
downstream facilities and adjacent areas. These measures shall include, but shall not be limited
to: temporary down drains, either in the form of pipes or paved ditches with protected outfall
berms; graded berms around areas to eliminate erosion of embankment slopes by surface runoff;
confined ponding areas to desilt runoff; and to desilt runoff.
siltation of downstream facilities and adjacent areas by the use of BMP measures. These
measures shall include, but shall not be limited to, methods shown on the plans and described
herein.
- c) Excavation areas, while being brought to grade, shall be protected from erosion and the resulting
Revised 10/08/03 Contract No. PKS 03-05 Page 68 of 83 Pages
Add the following section:
300-9.2.2 Payment. Full compensation for performing erosion control and water pollution control,
conforming to the operational requirements herein, of the BMP and conforming to the requirements
of the Federal Water Pollution Control Act, including the latest amendments thereto, which is not a
part of the planned permanent work or included as a separate bid item shall be considered as
included in the contract price bid for stair repairs, and no additional compensation will be allowed
therefore.
SECTION 313 - TEMPORARY TRAFFIC CONTROL DEVICES
Add the following section:
313-2 TEMPORARY TRAFFIC SIGNING.
Add the following section:
31 3-2.1 General. The Contractor shall provide and install all temporary traffic control signs, markers,
markings, and delineators at locations shown on plans and specified herein.
Add the following section:
313-2.2 Maintenance of Temporary Traffic Signs. If temporary traffic signs are displaced or
overturned, from any cause, during the progress of the work, the Contractor shall immediately
replace the signs in their original approved locations. The Contractor shall maintain all temporary
traffic signs used in the Work in a clean, reflective and readable condition. The Contractor shall
replace or restore graffiti marked temporary traffic signs and posts used in the Work within 18 hours
of such marking being discovered during non-working hours or, when the marking is discovered
during working hours, within 2 hours of such discovery of marking.
Add the following section:
31 3-4 MEASUREMENT AND PAYMENT. Temporary traffic pavement markers, temporary
channelizers, temporary signing, temporary railing (type K), temporary crash cushions and temporary
appurtenances thereto shown on the plans or required in the specifications are a part of the lump-
sum item for associated work and payment therefore shall include full compensation for furnishing all
labor, materials, tools, equipment, and incidentals and for doing all the work involved in applying,
installing, maintaining, and removing temporary traffic pavement markers, channelizers, signing,
railing (type K), crash cushions and appurtenances, complete in place, as shown on the plans, as
specified in the Standard Specification and these special provisions, and as directed by the
Engineer. Payment for temporary crash cushions, concrete barriers and the signs and reflectors
marking them shall include the installation, grading for installation, grading for the approach path,
maintenance, painting and re-painting, replacement of damaged units and removal and shall also be
included in the lump-sum price bid for traffic control. Payment for installation and/or relocation of K-
rails and crash cushions when not shown on the plans and requested by the Engineer shall be made
per section 3-3, Extra Work, SSPWC.
t* Revised 10/08/03 Contract No. PKS 03-05 Page 69 of 83 Pages
SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PKS 03-05 BEACH ACCESS IMPROVEMENTS
PART 4, SPECIAL CONSTRUCTION PROVISIONS
GENERAL PROVISIONS
PART I: GENERAL
1.01 DESCRIPTION
This specification includes everything necessary for and incidental to executing and
completing stairway repairs, except as hereinafter excluded.
1.02 GENERAL SCOPE OF WORK
Provide and install all materials, labor and equipment necessary for repair of concrete
stairways, wooden walkways, steel handrails, wooden handrails, preparation and painting of
wooden walkways, preparation and painting of wooden handrails and preparation and
painting of steel handrails in their entirety for five beach access stairways located on Ocean
Street in the City of Carlsbad except as noted otherwise. The following list shall not be
considered as a complete and detailed list of work and materials to be supplied, but shall be
used as a guide.
A.
B.
C.
D.
E.
F.
G.
H.
I.
Repair and reaffix corroded and broken handrails and handrail mounting points to
concrete stairways, adjoining concrete or CMU walls.
Prepare surfaces of wooden and steel handrails for repainting and recoating.
Prime and repaint wooden and steel handrails.
Repair broken and chipped concrete stairways.
Repair wooden handrails and wooden walkways.
Prime and repaint wooden handrails and walkways.
Provide temporary construction fencing to restrict access to construction sites.
Provide temporary traffic control for any work that affects the Right of Way.
Provide notification of dates of work and alternate access points to the beach.
@ Revised 10/08/03 Contract No. PKS 03-05 Page 70 of 83 Pages
I G. Misc. Items:
0 Tests required by an Inspector/Engineer.
0 Materials List and Shop Drawing submittals.
0 Provide 1 spare factory sealed gallon container of each primer, paint or
coating system used.
0 Submittal of work schedule.
0 Record drawings and guarantee.
0 Rust, scale, old paint and other construction debris shall be legally disposed of
offsite by the Contractor.
e Repair all damage to all existing improvements caused by this work including
overspray or paint in unintended areas, landscaping and irrigation systems.
1.03 PERMITS AND FEES
Secure a Right of Way Permit from the City of Carlsbad Engineering Department and obtain
all inspections of traffic control.
1.04 REGULATIONS AND CODES
All work and materials shall conform to the latest edition of amendments thereto of the
following Codes where specified.
0 Standard Specifications for Public Works, latest edition (herein referred to as
"Standard Specifications").
1.05 KNOWLEDGE
It is anticipated and required that the General Contractor be thoroughly familiar with
Standards and Specifications of Public Works Construction. Every attempt has been made to
eliminate unnecessary redundancy and duplication of requirements for materials and
installation methods already contained in existing codes and regulations.
I .06 CONFLICTS
When Drawings or Specifications call for materials or work different than, but not in conflict
with, requirements of governing codes provide and install these materials or work. If there
are any apparent conflicts between Drawings and Specifications and prevailing Codes and
regulations, verify with City and Engineer. Do not proceed with any related work until such
clarification has been made. Nothing in these Drawings or Specifications is to be construed to permit work in violation of governing codes.
,-
@ Revised 10/08/03 Contract No. PKS 03-05 Page 71 of 83 Pages
I 1.09 SHOP DRAWINGS
Provide equipment and materials conforming to the Drawings and Specifications.
Manufacturer's Shop Drawings will be reviewed by the Owner and Engineer as a service to
the Contractor to assist him in obtaining materials that are in compliance with Drawings and
Specifications. However, Shop Drawings will not be accepted for review by the Owner and
Engineer until the Contractor has reviewed them, signed as complete, and is satisfied that the
equipment he is proposing to furnish will be in compliance with these Specifications and
Drawings. See Section 2-5.3.3 of the General Provisions for submittal requirements.
1.10 SUBMITTALS -AFTER AWARD OF THE CONTRACT
A. Submittals. Within 7 days after award of Contract, submit six (6) sets of Shop
drawings for the following items.
1. Reinforcing steel.
2. Paint and coating systems.
3. Epoxy for injection and repair of railings.
4. Metal filler, as manufactured by Bondo Corporation, or approved equal.
B. Substitution submittals if other than specified materials (to be submitted with bid) Also
see Paragraph. 1.20.
1. Substitute - To specified paint and coating system. All contractors bidding on
project shall provide the following with his sealed bids if proposing substitution
to specified project:
a Manufacturer, MSDS and Catalog brochure of proposed paint and coating
systems.
1.12 INFORMATION TO MANUFACTURERS
Furnish to the various equipment manufacturer's copies of Drawings and Specifications
relating to their products.
I .I4 LOCATIONS AND ACCESSIBILITY
Contractor shall fully inform himself regarding peculiarities and limitations of spaces available
for installation of work and materials furnished and installed under this Division. Work
specified and not clearly defined by Specifications shall be installed and arranged in a
manner satisfactory to the Engineer. In the event changes in indicated locations and
arrangements are deemed necessary by the Owner, they shall be made by the Contractor
without any additional charge provided that change is ordered before the work is installed and
no extra materials or labor is required.
I .I 5 CLEANING OF EQUIPMENT, MATERIALS AND PREMISES
Clean equipment and materials thoroughly. Leave surfaces to be painted smooth and clean,
ready for painter. Clean entire premises of unused materials, rubbish, debris, and dirt
created by work under this Division.
a Revised 10/08/03 Contract No. PKS 03-05 Page 72 of 83 Pages
1.18
I
1.19
1.20
FINAL OBSERVATION AND ACCEPTANCE
After all requirements of Drawings and Specifications have been completed, representative of
the Owner and Engineer will observe the Work. If requested by the Owner, the Contractor shall provide competent personnel to demonstrate the operation of any item or system
involved.
GUARANTEE
A. The Contractor shall furnish to the Owner a written warranty to guarantee all work
under this contract to be free from defects of workmanship and materials for a period
of one (1) year from date of the Recordation of the Notice of Completion, and he shall
guarantee to repair or otherwise make good at his own expense any defects
developing within that period of time. Work shall be performed within 48 hours after
receiving notice from the Owner, Notice may be by phone or letter.
B. Warranties for materials furnished that have warranties greater than one year shall be
extended to the Owner (in writing).
PROPOSED SUBSTITUTIONS AND APPROVED EQUALS:
A. Materials detailed in these Specifications are for materials as specified. Should
materials of other manufacturers be approved and used, the Contractor shall make all
requests for substitution in accordance with this Section.
B. All requests for substitutions shall be submitted in writing to Engineer ten (IO) days
prior to bid date. Engineer shall respond within two (2) working days as to
acceptance. If accepted, materials substitutions shall conform to and be equal or
superior to the approved materials. It shall be the Contractor's responsibility to show
that an products proposed for substitution are equal to the item specified, by
submitting sufficient information to permit a comparative check, including three (3)
copies of a complete materials list with brochures showing all substituted materials.
Materials list shall be indexed with job title. Material must be submitted with bid.
Proposed substitutions submitted after bid will not be accepted. Submitting a catalog
number and manufacturer's name and stating that the item will be furnished to meet
specifications will not be acceptable. Changes in cost, schedule, performance and
guarantee must be stated or noted as "no change".
C. The term "or approved equal" shall mean the product or this specified item used shall
have equivalent or more performance, longevity, ease of maintenance and
replacement based on the value of the item set forth in the specifications or plans,
and then only after a submittal in writing, by the Contractor and written approval
received. If, after installation substituted material is found not to be equal to material
specified, it shall be replaced with approved material at no cost to the City.
D. The Engineer reserves the right to charge the Contractor $IOO.OO/hour (minimum of
$200.00) for review of substitution.
E. If requested by the Engineer, provide a sample of any material proposed as a
substitution for a specified Material. Sample material shall be delivered to the
Engineer's office for review and shall be picked up within (IO) working days after
review comments have been received; the Engineer will discard any samples left over
this time. Decision of the Enaineer reaardina accmtabilitv of anv material is final.
4- %Q Revised 10/08/03 Contract No. PKS 03-05 Page 73 of 83 Pages
1.21 PROTECTION OF EXISTING SITE IMPROVEMENTS
Restore disturbed turf, landscaped areas, irrigation, concrete, AC paving, etc. Repair
damaged equipment and turf caused by Contractor to like-new condition. Repairs to the
irrigation system shall be made within 24 hours, and other existing underground utilities shall
be made in accordance with the Standard Specifications for Public Works Construction, latest
edition and included in contract. Materials shall be as designated by the Owner or Engineer.
Notify the inspector immediately when any damage occurs.
1.22 WORK LOCATIONS
Beach access stairways are located on the west side of Ocean Street in the City of Carlsbad.
Actual locations are detailed below:
1. Stairway No. 01 is located approximately 400 feet north of Pacific Avenue.
2. Stairway No. 02 is located approximately 90 feet south of Beech Avenue.
3. Stairway No. 03 is located at the intersection of Christiansen Way.
4. Stairway No. 04 is located at the intersection of Grand Avenue.
5. Stairway No. 05 is located at the intersection of Carlsbad Village Drive.
I .23 PREPARATION OF METAL RAILINGS
After performing repairs as specified in this section, The Contractor shall prepare, prime and
paintkoat all steel railings in their entirety.
A. Prepare all surfaces in accordance with SSPWC Section 310-2.4 Power Tool
Cleaning. Contractor shall repair any perforations, holes or other conditions in the
metal railings in accordance with the repair methods shown elsewhere in these
specifications.
B. Prepare all surfaces with Jasco Prep and Primer for Metal, Manufactured by Jasco
Chemical Corporation, Mountain View CA. (714) 547-6951. Surface preparation shall
be in accordance with the manufacturers instructions.
1.24 PAINTING OF METAL RAILINGS
A. Prime all surfaces in accordance with SSPWC Section 310 - Painting. Contractor
shall apply one (1) coat of primer, Amershield, Manufactured by Ameron International,
Alpharetta GA. (678) 393-0653. Priming shall be in accordance with the
manufacturers instructions.
Paint all surfaces in accordance with SSPWC Section 310 - Painting. Contractor
shall apply two (2) finish coats of Amerlock 2, Manufactured by Ameron International,
Alpharetta GA. (678) 393-0653. Finish coating shall be in accordance with the
manufacturers instructions. Color to be selected by Owner.
B.
1.25 REPLACEMENT OF WOODEN WALKWAY AND RAILINGS
A. Remove and dispose of existing 5' x 2" x 8" wooden walkway located on Stairway No.
03. Replace all removed planks with 5' x 2" x 8" Pressure Treated Douglas Fir planks.
All edges are to be cut true and straight, and sanded smooth on the ends. Prepare
and paint in accordance with these specifications.
@ Revised 10/08/03 Contract No. PKS 03-05 Page 74 of 83 Pages
I .26 PREPARATION OF WOODEN WALKWAY AND RAILINGS -
After performing repairs as specified in this section, The Contractor shall prepare, prime and
paintkoat all wooden walkways and railings in their entirety.
A. Prepare all surfaces in accordance with SSPWC Section 310-4 Surface Preparation
for Painting Wood Surfaces.
I .27 PAINTING OF WOODEN WALWAY AND RAILINGS
A. Paintinglcoating of wooden walkways. Apply polyurethane safety coating to wood
surface per manufactures recommendations. “Soft Tread” by Acry-tech, Manufactured
by Acry-tech Coatings Inc, Ft. Lauderdale FL. (800) 771-6001. Coating shall be
applied in accordance with the manufacturers instructions. Color to be selected by
owner.
B. Priming/painting/coating of wooden railings. Apply one (1) coat “IC1 Dulux” Prep and
Prime House 100% Acrylic Water Based Primer Sealer. Apply two (2) coats “ICI
Dulux” Woodpride Exterior Waterborne Solid Color Stain, Manufactured by IC1 Paints
North America. Materials to applied in accordance with the manufacturers
instructions. Color to be selected by owner.
1.28 CONCRETE PATCHING AND REPAIRS
A. Concrete repairs shall be as specified in Contract Documents and the Technical
Specifications.
1.28 STORAGE AND STAGING AREA
A. The Contractor may utilize two of the parking spaces at Magee Park, located at 258
Beech Avenue, to place a locked storage container for his operations. This container
must remain locked at all times that the Contractor‘s personnel are not accessing the
container. The container must be clean, properly painted and free of graffiti at all times.
The Contractor will remedy any unsightly conditions with this container within 24 hours of
notification by the Project Inspector. No open storage will be permitted.
B. The Contractor shall meet with the Project Inspector prior to installing this storage
container and shall locate the container in the spaces authorized by the Agency.
E”s Revised 10/08/03 Contract No. PKS 03-05 Page 75 of 83 Pages
SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PKS 03-05 BEACH ACCESS IMPROVEMENTS
PART 5, TECHNICAL SPECIFICATIONS
1. CONDITION A:
Rusting metal posts and rails.
A. Method for Repair:
1.
2.
3.
Remove paint and rust per SSPWC Section 310-2.4 "Power Tool Cleaning / Surface
Preparation for Painting Steel Structures".
Prime and repainthecoat per SSPWC Section 31 0-5.1 Painting Structural Steel as
detailed in these Specifications.
Should rust removal result in a tear or hole in the post or rail, repair per Condition 7 of
these repair Methods.
Revised 10/08/03 Contract No. PKS 03-05 Page 76 of 83 Pages
II. CONDITION B:
I
Posts are detached from the concrete.
A. Method for Repair:
1. Remove paint and rust per SSPWC Section 31 0-2.4 "Power Tool Cleaning I Surface
Preparation for Painting Steel Structures".
2. Lift and off-set post away from original position.
3. Drill and set with epoxy a 318" an epoxy coated rebar into step to align with center of
original post location, extend minimum 3" above concrete step.
4. Drill 518" to 314" access hole into side of post approximately 6" from bottom
5. Reposition post to original location making sure the dowel is entirely within post.
6. Caulk base of post with epoxy to fill gaps or holes around entire post and let dry.
7. Inject epoxy into hole in side of post and fill to bottom of hole. (Let set for minimum
24 hours)
8. After concrete has thoroughly set, test stability of post and then fill injection hole with
metal filler (bondo).
9. Prime and repainurecoat per SSPWC Section 31 0-5.1 Painting Structural Steel as
detailed in these Specifications.
IO. Should rust removal result in a tear or hole in the post or rail, repair per Condition H of
these repair Methods.
{$ Revised 10108103 Contract No. PKS 03-05 Page 77 of 83 Pages
111. CONDITION C:
Rail is detached from wood post..
A. Method for Repair:
1. Remove paint and rust on the metal railing per SSPWC Section 31 0-2.4 "Power Tool
Cleaning I Surface Preparation for Painting Steel Structures".
2. Position a Redwood spacer, (approximately 4" x 8" x 3/4" or as needed), between
steel rail end and wood post and secure to post with galvanized lag bolts.
3. Secure steel rail to spacer and post through end plate with 4 galvanized lag bolts with
washers. (Add washer spacers if necessary where excessive gap exists between end
plate and wood spacer.)
4. Trim excess spacer along sides of post.
5. Prime and repainthecoat per SSPWC Section 310-5.1 Painting Structural Steel as
detailed in these Specifications.
6. Should rust removal result in a tear or hole in the post or rail, repair per Condition H of
these repair Methods.
Revised 10/08/03 Contract No. PKS 03-05 Page 78 of 83 Pages
IV. CONDITION D:
Handrail is detached from the wall. -
A. Method for Repair:
1. Remove bracket from rail and grind sharp edges or burrs.
2. Remove paint and rust on the metal railing per SSPWC Section 310-2.4 "Power Tool
Cleaning I Surface Preparation for Painting Steel Structures".
3. Attach a Hand Line Bracket to underside of handrail and adhere with quick setting
epoxy to metal railing.
4. Secure to wall with heavy-duty concrete block anchors.
5. Prime and repainthecoat per SSPWC Section 310-5.1 Painting Structural Steel as
detailed in these Specifications.
6. Should rust removal result in a tear or hole in the post or rail, repair per Condition H of
these repair Methods.
c$ Revised 10108103 Contract No. PKS 03-05 Page 79 of 83 Pages
V. CONDITION E:
Wood landing has no grip or traction
A. Method for Repair:
1. Clean wood decking and remove all loose debris per SSPWC Section 31 0-4 "Surface
Preparation for Painting Wood Surfaces".
2. Apply polyurethane safety coating as detailed in these Specifications.
VI. CONDITION F:
Concrete stairs are chipped or broken away at top of riser.
b Revised 10/08/03 Contract No. PKS 03-05 Page 80 of 83 Pages
Individual step locations
A. Mett
1.
2.
3.
4.
5.
6.
7.
8.
These photos refer to only significant chips in stairs. All repairs to chipped I stairs should be confirmed Drior to the bid.
pod for Repair:
Remove all loose or cracked pieces of existing concrete with small sledgehammer
and chisel.
Rough-up all smooth areas with a waffle bit or other approved method.
Use a wire brush to remove all loose debris.
Set a few concrete nails into the repair area to reinforce the concrete patch. Make
sure that nails do not create additional cracks and heads are left at least %” below
anticipated finish surface.
Thoroughly clean and remove all debris, dust or sand. Apply a concrete bonding
agent to the patch area, follow manufactures recommendations.
Construct and stabilize Wooden forms against the face and sides of the step.
Mix concrete patch material and pack into area, tamp, float and finish the patch to
match the surrounding concrete.
Cover, cure and dampen as necessary for a minimum of five days, depending on
weather conditions and temperature.
% Revised 10/08/03 Contract No. PKS 03-05 Page 81 of 83 Pages
VII. CONDITION G:
Surface chips or damage to concrete walks and stairs, (chips larger than a quarter and less than:! inches across.
A. Method for Repair:
1. Rough-up all smooth areas with a waffle bit or other approved method.
2. Thoroughly clean and remove all debris, dust or sand. Apply a concrete bonding agent to the patch area, follow manufactures recommendations.
3. Fill patch area with quick setting epoxy.
Metal handrails and posts have open or jagged holes. VIII. CONDITION H:
A. Method for Repair:
1.
2.
Remove rust, paint and loose or jagged metal edges per SSPWC Section 310-2.4 "Power Tool Cleaning I Surface Preparation for Painting Steel Structures".
Pack or fill hole with spray insulating foam to within 318" of finish pipe surface and let set for one hour. (This will create a plug or blockage to contain filler).
Revised 10108103 Contract No. PKS 03-05 Page 82 of 83 Pages
.-
3. Fill remainder of .hole with metal filler (Bond~), apply and cure per manufacturer's recommendations.
4.
5.
Sand filler smooth to blend with pipe.
Prime and repainurecoat per SSPWC Section 310-5.1 Painting Structural Steel as detailed in these Specifications.
IX. CONDITION I:
Metal rails and posts are rusted in various locations and are starting to open up.
A. Method for Repair:
"-
1. Remove all loose paint and flaking metal per SSPWC Section 31 0-2.4 Power Tool
Cleaning.
2. Pack or fill low area with quick setting epoxy, apply and cure per manufacturer's
recommendations.
3. Sand epoxy smooth to blend with pipe.
4. Prime and repainthecoat per SSPWC Section 310-5.1 Painting Structural Steel as
detailed in these Specifications.
@ Revised 10/08/03 Contract No. PKS 03-05 Page 83 of 83 Pages