HomeMy WebLinkAboutDoug Kost Konstruction; 1999-01-11; STS98003,- 493 DOG -Ii 1999-0491082
JUI- 151 SQSQ II:28 CSM
Recording requested by: CITY OF CARLSBAD
When recorded mail to:
oFF1c1EJ, RECDRDS WI DIEM CiRNTY fifCU?DER’s FFICE GfiEHRY f.$lH~ COfTYYRELURDER
: =
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive Carlsbad CA 92008
Space above for Recorder’s use
NOTICE OF COMPLETION
Notice is hereby given that:
1. The undersigned is owner of interest or estate stated below in the property hereinafter described.
2. The full name of the undersigned is City of Carlsbad, a municipal corporation.
3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008.
4. The nature of the title of the undersigned is: In fee.
5. A work of improvement on the property hereinafter described was completed on July 6, 1999.
6. The name of the contractor, if any, for such work of improvement is Doug Kost Konstruction.
7. The property on which said work of improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows:
Curb Gutter & Sidewalk Replacement - Contract No. STS98003 8. The street address of said property is:
various locations, Carlsbad CA 92008
CITY OF CARLSBAD
Grzgory Mood4
Street Maintenance Supervisor
VERIFICATION OF CITY CLERK
I, the undersigned say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad CA 92008; the Street
Maintenance Supervisor of said City on July 6,1999 accepted the above work as completed and ordered
that a Notice of Completion be filed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on July 8, 1999 , 1999 at Carlsbad, California
CITY OF CARLSBAD
Aletha L. Rautenkranz, City Clerk
yl”‘,., ,.I ,, - -n.., SF %.,W. *i . ib. v-, - .-- I J -
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F LA-1 *LiJti 43;rs cc<. gou San Diego County
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California
CONTRACT DOCUMENTS -AND SPECIAL
PROVISIONS
FOR
CURB GUTTER &
SIDEWALK
REPLACEMENT
CONTRACT NO. STS98003
AUGUST 28,1998
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Contrac; No.STS98003 Page 1 of 58 Pages
TABLE OF CONTENTS
Paae
NOTICE INVITING BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
f- CONTRACTOR’S PROPOSAL .................................................................................................. 7
BID SECURITY FORM ............................................................................................................ 11
BIDDER’S BOND TO ACCOMPANY PROPOSAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
GUIDELINES FOR COMPLETING THE ‘DESIGNATION OF SUBCONTRACTOR AMOUNT
OF SUBCONTRACTOR’S BID” AND ‘DESIGNATION OF OWNER OPERATOR/LESSOR & - AMOUNT OF OWNER OPERATOR/LESSOR WORK” FORMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
DESIGNATION OF SUBCONTRACTOR &AMOUNT OF SUBCONTRACTOR’S BID . . . . . . . . . . 15
DESIGNATION OF OWNER OPERATOR/LESSOR & AMOUNT OF OWNER
OPERATOR/LESSOR WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 -
BIDDER’S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS’
LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS’ COMPENSATION . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
BIDDER’ S STATEMENT OF RE-DEBARMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
-- BIDDER’S DISCLOSURE OF DISCIPLINE RECORD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITED WITH BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
CONTRACT PUBLIC WORKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
F LABOR AND MATERIALS BOND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
FAITHFUL PERFORMANCE/WARRANTY BOND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
REPRESENTATION AND CERTIFICATION ~..........................................~............................... 34
ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OF RETENTION (OPTIONAL) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
SPECIAL PROVISIONS
SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 1, GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
CURB GUTTER & SIDEWALK PROGRAM LOCATION LIST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exhibit 1
STANDARD DRAWINGS NUMBERS G-2, G-7, G-12 AND G-14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exhibit 2
c- c
7117198 Contract No.STS98003 Page 2 of 58 Pages
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CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Carlsbad Village Drive, Carlsbad, California 92008-1989, until 4:00 P.M. on the i2_ day of NO-: 19s, at
which- time they will be opened and read, for performing the work as follows: Curb Gutter &
Sidewalk Replacement.
CONTRACT NO. STS98003
The work shall be performed in strict conformity with the specifications as approved by the City
Council of the City of Carlsbad on file with the Public Works Department, Street Maintenance
Divislon. The specifications for the work include the Standard Soecifications for Public Works Construction (1997 Edition, and the 1998 supplements thereto), all hereinafter designated “SSPWC”
as issued by the Southern California Chapter of the American Public Works Association and as
amended by the special provisions sections of this contract. Reference is hereby made to the
specifications for full particulars and description of the work.
The City of Carlsbad encourages the participation of minority and women-owned businesses.
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors
to utilize recycled and recyclable materials when available, appropriate and approved by the Street
Maintenance Superintendent. -
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The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when
a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in
the State of California as an irresponsible bidder.
No bid will be received unless it is made on a proposal form furnished by the Purchasing
Department. Each bid must be accompanied by security in a form and amount required by law.
The bidder’s security of the second and third next lowest responsive bidders may be withheld until
the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall
be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant
to the provisions of law (Public Contract Code section 10263), appropriate securities may be
substituted for any obligation required by this notice or for any monies withheld by the City to ensure
performance under this Contract. section 10263 of the Public Contract Code requires monies or
securities to be deposited with the City or a state or federally chartered bank in California as the
escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of
the agent in connection with the handling of retentions under this section in an amount not less than
$100,000 per contract.
The documents which comprise the Bidder’s proposal and that must be completed, property
executed and notarized are:
~~ 7117198 Contract No.STS98003 Page 3 of 58 Pages
1. Contractor’s Proposal
2. Bidder’s Bond
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3. Non-Collusion Affidavit 4. Designation of Subcontractors
and Amount of Subcontractor Bid
5. Designation of Owner Operator/Lessors 81
Amount of Owner Operator/Lessor Work
6. Bidder’s Statement of Financial
Responsibility
7. Bidder’s Statement of Technical Ability
and Experience
8. Certificate of Insurance 9. Bidder’ s Statement Re Debarment 1 O.Bidder’s Disclosure Of Discipline Record 11 .Purchasing Department Representation and
Certification 12.Escrow Agreement for Security Deposits -
(optional, must be completed if the Bidder
wishes to use the Escrow Agreement for
Security)
All bids will be compared on the .basis of the Street Maintenance Superintendent’s Estimate. The
estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Street Maintenance Superintendent’s Estimate is J70.000.
No bid shall be accepted from a contractor who is not licensed in accordance with the provisions of California state law. The contractor shall state their license number, expiration date and
classification in the proposal, under penalty of perjury. The following classifications are acceptable
for this contract: c-8 in accordance with the provisions of state law.
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If 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, special provisions, and Contract documents may be obtained at the Purchasing
Department, City Hall, 1200 Carlsbad Village Drive, Carisbad, California, for a non-refundable fee of
m 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 dfawings,
specifications or other contract documents, or finds discrepancies in or omissions from the drawings
and specifications may submit to the Street Maintenance Superintendent a written request for
clarification or correction. .Any response will be made only by a written addendum duly issued by
the Street Maintenance Superintendent a copy of which will be mailed or delivered to each person
receiving a set of the contract documents. No addition to, or modification of or interpretation of any
provision in the contract documents will be given orally nor may any bidder rely on oral directions.
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or
informality in such bids.
The 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 Street Maintenance Superintendent is the City’s “duly
authorized officer” for the purposes of section 4107 and 4107.5.
- The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to
the Contract for work. 7,.
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A pre-bid meeting and tour of the project site will be held one week prior to bid opening. Please
call Street Maintenance Supervisor Greg Woods at (760)434-2939 for information.
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. .
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.
Bonds to secure faithful performance and warranty of the work and payment of laborers and
materials suppliers, in an amount equal to one hundred percent (100%) and fifty percent (50%),
respectively, of the Contract price will be required for work on this project. 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 Special 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 contain the following
documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or
other instrument entitling or authorizing the person who executed the bond to do so.
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
If the bid is accepted, the 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 have (1) a rating in the most recent Best’s Key Rating Guide of at least A-:V, and (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
and (2) cover anv vehicle md in the performance of the cons used onsite or offsite, whether owned, non-owned or j@, 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.
q % 7117198 Contract No.STS98003 Page 5 of 58 Pages
The prime contractor and all subcontractors are required to have and maintain a valid City of
Carlsbad Business License for the duration of the contract.
Approved by the City Council of the City of Carlsbad, California, by Resolution No WI-~I~ ,
adopted on the 22nd day of SEPTEMBER I 19 98. .
Date Ak&a L. l&&g& ranz,
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-a t+ 7/17/98 Contract No.STS98003 Page 6 of 58 Pages
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CITY OF CARLSBAD
CONTRACT NO. STS98003
CONTRACTOR’S PROPOSAL
WENED, WI-~ i4ELL.i ~.:JD hXORDED:
City Council
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008 //- /2-7#
DATE C ‘4-U RE ‘r., \. ‘t
The undersigned declares he/she has carefully examined the location of the work, read the Notice
Inviting Bids, examined the Plans, Specifications, Special 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. STS98003 in accordance with the Plans, Specifications,
Special Provisions and addenda thereto and that he/she will take in full payment therefor the
following unit prices for each item complete, to wit:
ITEM UNIT qy :,c DESCRIPTION
NO. ._. ,I lJdK’“ti~KX~, : TOT&L @WE.. .:i
1 location 81 Root Grubbing / 80.86 ,q”+ L.57.00
2 lin. ft. 322 Remove and replace Type G curb and
gutter per SDRSD G-2’ X2,35 W9L.i~
3 sq. ft. 4,252 Remove and replace sidewalk per
SDRSD G-7 -9 ‘r’c /8.$QJ* 5%
4 sq. ft. 790 Remove and replace driveway
approaches per SDRSD G-14 22s $45 L/L3.Fh 5 sq. ft. 959 Remove and replace crossgutter per
SDRSD G-12 7% thick. u,ss if, By’34 45.
6 sq. ft. 475 Remove and replace asphalt AR 4000
3/8 5” depth and compacted 2,W 9,3 SC, 66 _
7 lin. ft. 900 Asphalt and concrete saw cutting e /. LLS.55
I 8 1 lump I N/A I Traffic Control
sum I I 3soa. of3 I
Totalamountofbidinwords:gJ’K $Y - 7hr7.pa ~oLLsLL,,,A~C ‘x.,$LM,Y/MPJ /
- ’ Seueti 5 N/ JlJc do //fi 1175 + %d ’
Total amount of bid in numbers: $ 63,679.27
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s). --&- has/have been received and is/are included in this
proposal.
The Undersigned has carefully checked all of the above figures and understands that the City will
not be responsible for any error or omission on the part of the Undersigned in preparing this bid.
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%$ 7117198 Contract No.STS98003 Page 7 of 58 Pages
Contractor’s State License Board - License Detail
STA TE OF CALIFORNIA CONTRACTOR’S STATE LICENSE BOARD P. 0. BOX26000 SACRAMENTO, CA 95826 PHONE: l-800-321 -2 7.52
* * * DISCLAIMER * * * The’license status information shown below represents information taken from the CSLR licensing data base at the time of your inquiry. It will not reflect pending updates which are being reviewed for subsequent data base updating. The available information may not reflect any civil or criminal judgments or actions that have not been reported to the CSLB. If there are disclosable complaints (legal actions) on the contractor’s license, that information will be provided. If you intend to pursue
any. kind of legal action, insure you get a “Verified Certificate” which is a certified license history covering a specific time period prior to taking any action.
Extract Date: November 12, 1998 THE RESULTS OF YOUR INQUIRY FOR CONTRACTOR LICENSE NUMBER 572469 IS:
* * * BUSINESS INFORMATION * * *
DOUG KOST KONSTRUCTION
13454 POWAY ROAD SUlTE 118
POWAY, CA 92064
Expire Date: 07/3 l/l 999
* * * LICENSE STATUS * * *
This license is current and active.
* * * CLASSIFICATIONS * * *
B GENERAL BUILDING CONTRACTOR A GENERAL ENGINEERING CONTRACTOR
* * * CONTRACTOR BONDING TNFORMATION * * *
This license has bond number SD00049319 in the amount of $7,500 with the bonding company
FRONTIER PACIFIC INSURANCE COMPANY.
Effective Date: 08/07/1998
* * * WORKERS COMPENSATION INFORMATION * * *
This license has workers compensation insurance with the STATE COMPENSATION INSURANCE
FUND
Policy Number: 471-0000548 Effective Date: 10/01/1996 Expire Date: 10/01/1999
Click on Personnel List
to see the people on this license.
- THIS IS THE END OF YOUR INQUIRY RESPONSE. QUESTIONS ABOUT YOUR DATA SHOULD BE DIRECTED TO l-800-321-2752.
1 of2 1 l/12/98 4122 PM
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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 license bIta . do
business or act in the capacity oy contractor within the State of California, validly licensed urkler
license number &-7 2 Y 6 7 , classification & - 1’3 1
7/F?/
which expires on
an affidhvit.
, and that this statement is true and correct and has the legal effect of
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
§ 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code
Q 20104.
The Undersigned bidder hereby represents as follows:
1. That no Council member, officer agent, or employee of the City of Cartsbad is personally
-interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that
no representation, oral or in writing, of the City Council, its officers, agents, or employees has
inducted him/her to enter into this Contract, excepting only those contained in this form of
Contract and the papers made a part hereof by its terms; and i
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. . e Accompanying this proposal is nb /(/d (Cash, Certified Check, Bond
or Cashier’s Check) for ten percent (10%) of the amount bid.
The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every
employer to be insured against liability for workers’ compensation or to undertake self-insurance in
accordance with the provisions of that code, and agrees to comply with such provisions before
commencing the performance of the work of this Contract and continue to comply until the contract
is complete. %. . c 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.
(3 7117198 Contract No.STS98003 Page 8 of 58 Pages
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IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(1) Name underwhich business is conducted Do&r es f hvs&~~cbc/b~
(2) Signature (given and
(3) Place of Business
City and State I .
(4) Zip Code ?%? d dz Telephone No. 76 0 r Td$-- 2 vg??
A-4 ‘;766 -782- dyy3
IF A PARTNERSHIP. SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname and character of partner) (Note: Signature must be made by a
general partner)
(3) Place of Business
(Street and Number)
City and State
(4) Zip Code Telephone No.
IF A CORPORATION. SIGN HERE:
(1) Name under which business is conducted
(Signature)
(Title)
Impress Corporate Seal here
(3) Incorporated under the laws of the State of
(4) Place of Business
(Street and Number)
City and State
(5) Zip Code Telephone No.
r. - NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
- -* f+ 7117198 Contract No.STS98003 Page 9 of 58 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907
State of c&L(
9
County of SLn w
On II (17(yAf ” bhno.J bi ller; NoTa~,~l$kL , before me,
E, TITLE OF OFFICER - E.G., “JANE
personally appeared ,
NAME(S) OF SIGNER(S)
0 personally known to me - roved to me on the basis of satisfactory evidence
to be the persong) whose name@)&-
subscribed to the within instrument and ac-
knowledged to me that@skeClksy executed
the same in @he+%t+eir authorized
capacity(i.esJ, and that by@h&t+e+
signatureg) on the instrument the person@$,
or the entity upon behalf of which the
personti acted, executed the instrument.
WITNESS my hand and official seal.
B rhcca lTAd&
SlGNATURbOF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL
0 CORPORATE OFFICER
I TITLE OR TYPE OF DOCUMENT TITLE(S)
0 PARTNER(S) 0 LIMITED
0 GENERAL
0 AlTORNEY-IN-FACT
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER:
NUMBER OF PAGES
I\ llslqB
/DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-7184
All-ACHED
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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:
l m
t? 7117198 Contract No.STS98003 Page 10 of 58 Pages
P STATE OF CALIFORNIA )
> ss
COUNTY OF SAN DIEGO)
on 11/12/98 before me, M. GIVENS, personally appeared, JUDY M.
TELLAW , personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
Signal
w
:ure
f a 0” \ Comm. #fO4!562A E - ._--- NOTAXY FWJLIC-CAI IFDANlA 1
(THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK)
INSURANCE COMPANY
(a California Company)
4250 Executive Square, Suite 200. La Jolla, California 92037
POWER OF ATTORNEY
!&IOtt, &f %?en %y r@e.Se presents: That FRONTIER PACIFIC INSURANCE COMPANY, a California Corporation, having its principal office
in La Jolla, California, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 15th day of November, 1991.
“RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorlzed to appoint Attomeys-in- Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business;
“RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof;
“RESOLVED, that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attorney-in-Fact.”
This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution.
DOES HEREBY MAKE, CONSTITUTE AND APPOINT: JUDY M. TELmW FLORENCE E. GRIFFIN
WETTE LOPEZ WLLIAM L. COTE
of La Jolla , in the State of California
its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and deltte; in its behalf, and as its act and deed, without power of redelegation, as follows:
Bonds guaranteeing the fidelity of persons holding places of public or private trust, guaranteeing the performance of contracts other than insurance poticies; and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed; IN AN AMOUNT NOTTO EXCEED SIX HUNDRED FIFlY THOUSAND ($65O,ooO.C10) DOLLARS; and to bind FRONTIER PACIFIC INSUR- - ANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authortzed officers of FRONTIER PACIFIC INSURANCE COMPANY, and all the acts of said Attorney(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed.
&I witness %)fjerco~ FRONTIER PACIFIC INSURANCE COMPANY of La Joila, California, has caused this Power of Attorney to be signed by Its Vice President and its Corporate seal to be affixed this 15th day Of November ,lQ 95 .
FRONTIER PACIFIC INSURANCE COMPANY
STATE OF CALIFORNIA) COUNTY OF SAN DIEGO)
DAVID E. CAMPBELL, Vice President
On November 15,199s before me, Treva Kensler. Notary Public, personally appeared David E. Campbell, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authortzed capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal
TREVA KENSLER f Commission # 1045661 Notary Public - California San Diego County f
y Comm. Expires Nov. 26. 1996 f / Signature of Notary Corporation Acknowledgement
- I, the undersigned, Joseph P. Loughlin, Secretary of FRONTIER PACIFIC INSURANCE COMPANY, do hereby certify that the origlnal POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is In full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of the
Corporation this 12TH dayof NOVEMBER ,I9 98
u , Joseph P. Loughlin, Secretary
FM 19-5002A-FP (11197)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907
c
State of LL&afl& .
County of -$I,~ ALLAH
On 3-b 17 P?ti
FATE
before me, E\laneu m;hr* /&b-q AM.& , 1 dME, TITLE OF OFFICER - E.G., “JANEd E, NOTARY PUBLIC”
personally appeared DOU4f45 d. Ko& ,
NAME(S) OF SIGNER(S)
q personally known to me - OR - @ proved to me on the basis of satisfactory evidence
to be the personti whose name&)@=
subscribed to the within instrument and ac-
knowledged to me that@s#&#tey executed
the same in IS ahe&he+r authorized
capacity(+e-@, and that by~/be&
signatureti on the instrument the person#,
or the entity upon behalf of which the
person($acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL
0 CORPORATE OFFICER Esdde& Bond
TITLE OR TYPE OF DOCUMENT TITLE(S)
0 PARTNER(S) 0 LIMITED q GENERAL
0 A-ITORNEY-IN-FACT
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER:
3
NUMBER OF PAGES
b-0 la pw3
DATE dF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-7184
BID SECURITY FORM
(Check to Accompany Bid)
/^ (NOTE: The following form shall be used if check accompanies bid.)
- Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF
CARLSBAD, in the sum of
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dollars ($ ), 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.
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.)
-* kc 7/17/98 Contract No.STS98003 Page 11 of 58 Pages
.,j* ’ ‘-9
BOND NO. 19882-CS - 16
\ \ --. r-em
B&ID TO ACCOWANY Pf?OPOSii --. ~~- ‘-~ ----.. _
Kl+ddW AU PERSONS BY TW%E PW
succ8ssu3 or assig
‘THE CONDKl0N OF THE FORECXW3 CXILlC3AT10N I$ SUCH Umt if the m of the e&w- bounden PdrKlpd fcx .
curb gmt8r 8 sid8w8lk tstBpa contmct No. snm8003
In the Cily of Cartsbad. is iwaepted by the City Comcll, and if the PW@ 8haR duIy enter into md execubeaConbwti&udi rerquiredbondsandinsurampoEciesMthin#mty(20)d date,ufawardofContract tbCityCourrdlofmeCityofjkf&ad.bet~dtrlyno % ibrnthe 8i.L dsdd 8wwd, then this obUg8tlon shall beam null 8nd ~03; CJ@WWS~, It shall b8 and rmaln In MI forpe end~and~e~ts~~~~IwfeitedtotttesaklCtty. In the went Pdn@al executed this bond as an hdhidual. It b agreed that the death of Phl@d shaN~exoneraoethersurety~~~~~~thfsbwd.
l%iNCIPAL thi& )z- oz?.em &g&-J=
PFtlNWAL: T Fwuloa .- . tip8 .
c*
-yw 1, b p
pm hm) l .
OS
(tit16 et2 rrrganiration d si@0rj~
SURE-IX
RONTJ
k-fd Y
4250 EXECUTIVE S
@td*a urety)
JUDY M. TELLAW
~nted mm ofMmeym-Fact)
(Attach corporate resolution shewIng cummt
pcmerofattomey.)
APPRQVED A$ rD FORAk RONhLDRE#lL cb&-Y
# 7/l 7m Contract No.- Page li! d 58 Pages
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GUIDE FOR COMPLETING
THE “DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR’S BID”
AND
“DESIGNATION OF OWNER OPERATOR/LESSOR AND
AMOUNT OF OWNER OPERATOR/LESSOR WORK” FORMS
REFERENCES Prior to preparation of the following Subcontractor and Owner Operator/Lessor disclosure forms Bidders are urged to review the definitions in section 1-2 of the SSPWC and of the
Special Provisions to this Contract especially, “Bid”, “Bidder”, “Contract”, “Contractor”, “Contract Price”, “Contract Unit Price”, “Street Maintenance Superintendent”, “Subcontractor” and “Work” and
the definitions in section 1-2 of the Special Provisions especially “Own Organization” and “Owner Operator/Lessor.” Bidders are further urged to review sections 2-3 SUBCONTRACTS of the
SSPWC and section 2-3.1 of these Special Provisions.
CAUTIONS 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 other than the Contractor’s own organization will be rejected as non-
responsive.
INSTRUCTIONS Bidders shall use separate disclosure forms for each Subcontractor or Owner
Operator/Lessor (O+O) of manpower and equipment that is proposed to be used to complete the
work.
All items of information must be completely filled out.
Where the bid item will be installed by more than one Subcontractor or Owner Operator/Lessor the percentage of the bid item installed by the Subcontractor or Owner Operator/Lessor being listed in
the line of the form must be entered under the column “O/O of Item by Sub” or “O/O of Item by O+O”
as applicable. If a Subcontractor or Owner Operator/Lessor installs or constructs any portion of a
bid item the entire amount of the Contract Unit Price shall be multiplied by the Quantity of the bid
item that the Subcontractor or Owner Operator/Lessor installed.
Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport for materials from sources outside the limits of work, as shown on the plans,
shall be assigned to the Contractor, the Subcontractor, or the Owner Operator/Lessor as the case
may be, installing them. The value of material incorporated in any Subcontracted or Owner
Operator/Lessor installed bid item that is supplied by the Contractor shall not be included as any
part of the portion of the work that the Contractor is required to perform with its own organization.
The item number from the “CONTRACTORS PROPOSAL” (Bid Sheets) shall be entered in the “Bid
Item No.” column.
When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the number must
be entered on the form. If the Subcontractor does not have a valid business license enter “NONE” in the appropriate space.
Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The number of additional form pages shall be entered on the first form
page of each type so duplicated.
Bidder may, at its option, combine bid items on a single row in the chart on the disclosure forms. If using this option the Bidder must indicate the bid item numbers to which the information in the row
pertains. This option may &t be used where the subcontractor or Owner Operator/Lessors
Ec q 7/l 7198 Contract No.STS98003 Page 13 of 58 Pages
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constructing or installing less than 100 percent of a bid item. The percentages and dollar amounts may be the sums of the bid items listed in that row.
When the Bidder proposes using a subcontractor or owner operator/Lessor to construct or install
less than 100 percent of a bid item the Bidder must attach an explanation sheet to the designation of subcontractor or designation of Owner Operator/Lessor forms as applicable. The explanation
sheet must clearly apprise the Agency of the specific tasks, materials and/or equipment that are
proposed to be so supplied.
Determination of the subcontract and Owner Operator/Lessor amounts for purposes of award of the
contract shall determined by the City Council in conformance with the provisions of the contract
documents and these Special Provisions. The decision of the City Council shall be final.
.
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W mi798 Contract No.STS98003 Page 14 of 58 Pages
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DESIGNATION OF SUBCONTRACTOR AND
AMdUNT OF SUBCONTRACTOR’S BID ITEMS
The Bidder MUST complete each information field on this form for each subcontractor that it proposes to use. Additional copies of this form may be attached if required to accommodate the Contractor’s decision to use more than one subcontractor. This form must be submitted as a part of the Bidder’s sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive.
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 the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code “Subletting and Subcontracting Fair Practices
Act.” The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency.
Full Company Name of Subcontractor:
Complete Address: Street
City State Zip
Telephone Number plus Area Code:
California State Contractors License No. & Classification:
Carlsbad Business License No.:
SUBi-----------RSBIDITEMS c0NlRAc10
Amount of Item
Subcontracted Amount of.Item by Overhead 8 Profit
I $ !t $ I i I$ Ii $ I$ Is
Exolanation:
Column 1 - Bid Item No. from the bid proposal, pages Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractors own forces. Column 4 - The dollar amount of the overhead and profit for the item.
Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages
Page of pages of this form
-* b 7/v/98 Contract No.STS98003 Page 15 of 58 Pages
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DESIGNATION OF OWNER OPERATOR/LESSOR AND
AMOUNT OF OWNER OPERATOR/LESSOR WORK
The Bidder MUST complete each information field on this form for each owner operator/or Lessor
(O+O) that it proposes to use to perform any portion of the Work. Additional copies of this form may be attached if required to accommodate the Contractor’s decision to use more than one
subcontractor. This form must be submitted as a part of the Bidder’s sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive. Except for the
individuals listed below the Bidder certifies that no Owner Operator/Lessor will be allowed to perform
any portion of the Work. The Bidder further certifies that no changes in the Owner Operator/Lessor
listed work will be made except upon the prior approval of the Street Maintenance Superintendent.
Provide a separate sheet for each Owner Operator/Lessor. See section l-2 of the Special
Provisions for definition of Owner Operator/Lessor.
Full Owner Operator/Lessor Name:
Complete Address:
Street
City State
Telephone Number plus Area Code: (
City of Carlsbad Business License No.:
OWNER OPERATOR/LESSOR WORK ITEMS
.Amount of Item Amount of Item
Exdanation: Column 1 - Bid Item No. from the bid proposal, pages .
Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor’s own forces.
Column 4 - The dollar amount of the overhead and profit for the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the
item on bid proposal pages .
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BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY
(To Accompany Proposal)
Copies of the latest Annual Report, audited financial statements or Balance Sheets may be
submitted under separate cover marked CONFIDENTIAL.
Contract No.STS98003 Page 17 of 58 Pages
BIDDER’S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
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(To Accompany Proposal)
The Bidder is required to state what work of a similar character to that included in the proposed
Contract he/she has successfully performed and give references, with telephone numbers, which
will enable the City to judge his/her responsibility, experience and skill. An attachment can be used.
Name and Phone
-* % 7i17t98 Contract No.STS98003 Page 18 of 58 Pages
BIDDER’S CERTIFICATE OF INSURANCE FOR
GENERAL LIABILITY, EMPLOYERS’ LIABILITY, AUTOMOTIVE -
_ -, LIABILITY AND WORKERS’ COMPENSATION
(To Accompany Proposal)
C
As a required part of the Bidder’s proposal the Bidder must attach either of the following to this
page.
1. Certificates of insurance showing conformance with the requirements herein for:
Comprehensive General Liability
Employer’s Liability
Automobile Liability
Workers Compensation
.-
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, Employer’s Liability, Automobile Liability and Workers
Compensation 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 Special Provisions for this
project for each insurance company that the Contractor proposes, and (2) cover anv vehicle used in
the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and
whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for
“any auto” and cannot be limited in any manner.
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W 7t17t98 Contract No.STS98003 Page 19 of 58 Pages
ACORD, CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/W) 01/20/99 I COLONIAL WESTERN AGENCY INC 9948 HIBERT ST #200 SAN DIEGO CA 92131
DOUGLAS W. KOST DBA: DOUG KOST KONSTRUCTION P.O. BOX 1207 RAMONA, CALIFORNIA 92065
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURERA: FIRST FINANCIAL INSURANCR COMPANY
INSURERB: WI- INSUMNCE COI@AW
INSURER C:
I ‘NSllRFR n. I
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WlTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAlD CU KY TYPE OF INSURANCE POLICY NUMBER
A GENERAL L’AEIL’TY F01776418665
COMMERCIAL GENERAL L’ABIL’N
H I I ’ I
GEN’L AGGREGATE L’MIT APPL’ES PER:
LOC
BA613908
ALL OWNED AUTOS
SCHEDULED AUTOS
COVERAGES
P
t-i I
GAUAGE UABIUTY
ANY AUTO
MCESS L’AB’L’TY
OCCUR cl CLAIMS MADE
DEDUCT’SLE
RETENT’ON $
WORKERS COMPENSATION AND
EMPLOYERS’ UABIUN
OTHER
I I
IESCR’PTION OF OPERATIONSILOCAT’ONS/VEHICLESIMCLUSlONS ADDED BY ENDORSEM
POAyCY;LFECTIVE POLl;Y EX;I LIMITS
01/04/99 01/04/00 EACHOCCURRENCE I$ 1000000
FIRE DAMAGE (Any one fire) 5 50000
01/04/g’ o1/o4/oo COMBINEDSINGLELIMIT (Ea accident) $ 1000000 I I
BODILY INJURY (Per parson) $
I
BODILY INJURY (Per accident) $
PROPERlY DAMAGE (Per accident) $
I AUTO ONLY - EA ACCIDENT $
OTHER THAN EAACC 1 $
AUTO ONLY: AGO $
EACHOCCURRENCE s
AGGREGATE s
I IS
I 1s
I$
WC STATU- TORY UMITS “E
E.L. EACH ACCIDENT s
E.L. DISEASE - EA EMPLOYEE J
E.L. DISEASE - POLICY LIMIT S
‘T/SPECIAL PROVISIONS
ZERTIFICATE HOLDER TO BE NAMED AS ADDITIONAL INSURED, PER ENDTS. TO BE ISSUED 3Y FIRST FINANCIAL INSURANCE CO(RESPECTS TO GENERAL LIABILITY) AND UNIGARD tNSURANCE CO(RESPECTS TO AUTOMOBILE LIABILITY) c1O DAY NON-PAYMENT OF PRWITJM* "ALL OPERATIONS"
CERTIFICATE HOLDER x ADDITIONAL INSURED; INSURER LETTER: CANCELLATION
I SHOULDANYOFTHEABOVEDESCRlBEDPOLlClES BECANCELLEDBEFORETHEEXP’RAT’ON I-
CITY OF CARLSRAD
PURCRASINQ DEPARTMRNT
1200 CARLSRAD VILLAGR DRIVE
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MA’L 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO 0BUGAT’O)f OR UABIL’TY OF ANY K’ND UPON THE INSURER, ITS AGENTS OR
1 CARLBRAD, CA. 92008
I
ACORD 25-S (7/97)
REPRESENTATIVES. 1 n
AUTH PRESE E
rn& YEW
61 ACORD CORPORATION 1988 I
--
STATE CtiMPENSATlON
lNSURANCE
P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807
tRKERR’ COMPFNSATION INS1 IRANlYE 1 .-Iv.* . . s--1 .r .m w-
POLICY NUMBER: ~;rt+jFJ 1
CERTIFICATE EXPIRES: 3 gi-- f ” ‘$9
A\4 I ‘i’
L
This is to certify that we have issued a valid Workers’ Compensation insurance policy in a form approved by the California
Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon ten days’ advance written notice to the employer.
We will also give you TEN 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
policies listed herein. Notwithstanding any requirement, term, or condition of any
respect to which this certificate of insurance may be issued or may pertain, the ir
described herein is subject to all the terms, exclusions and conditions of such poficies.
alter the coverage afforded by the
contract or other document with
isurance afforded by the policies
h&-
AJJTHORIZED REPRESENTATIVE
K-
PRESIDENT
I. I. 3. ~- -... _. . . _ -., -- _ -. ---” _. -. WS-.
BIDDER’S STATEMENT RE DEBARMENT
(To Accompany Proposal)
1. Have you or any of your subcontractors ever been debarred as an irresponsible bidder by
another jurisdiction in the State of California? /
C Yes no
C
2. If yes, what was/w&e the name(s) of the agency(ies) and what was/were the period(s) of
debarment(s)? Attach additional copies of this page to accommodate more than two debarments.
party debarred party debarred
agency agency
period of debarment period of debarment
IL- - BY CON-TRACTOR:
Q o& /&@sfk&ns~cJr~d - 2
-0 b 7/1?/98 Contract No.STS98003 Page 20 of 58 Pages
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BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
Contractors are required by law to be licensed and regulated by the Contractors’ State License
Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a
patent act or omission is filed within four years of the date of the alleged violation. A complaint
regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the
date of the alleged violation. Any questions concerning a contractor may be referred to the
Registrar, Contractors’ State License board, P.O. Box 26000, Sacramento, California 95826.
1. Have you ever had your contractor’s license suspended or revoked by the California
Contractors’ State license Board two or more times within an eight year period?
Yes no
2. Has the suspension or revocation of your contractors license ever been stayed?
Yes no
3. Have any subcontractors that you propose to perform any portion of the Work ever had their
contractor’s license suspended or revoked by the California Contractors’ State license Board two or
more times within an eight year period?
-AL
yes no
4. Has the suspension or revocation of the license of any subcontractor’s that you propose to
perform any portion of the Work r been stayed?
I
Yes no
5. If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party
disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefor.
(Attach additional sheets if necessary)
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t# 7117198 Contract No.STS98003 Page 21 of 58 Pages
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BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED)
(To Accompany Proposal)
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.
(Attach additional sheets if necessary)
.
BY CONTRACTOR:
By:
u k&j
pqint name/title)
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t# 7/17/98 Contract No.STS98003 Page 22 of 58 Pages
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NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
State of California
(Name of Bidder)
and says that he or she is
, being first duly sworn, deposes
of
(Name of Firm)
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 declare under penalty of perjury that the foregoing is true, and correct and that this affidavit was
executed on the day of /l/n 11 P.L~ hi 17 1.2 I 192.
Subscribed and sworn to before me on the fc2 day of
(NOTARY SEAL)
MARGARET S. HOSLER K COMM. #t 060486 NOTARY PUBLIC-CALIFORNIA z SAN DIEGO COUNTY My Commission Expires 5
tvlh~ 31,1999
-* b 7/17/98 Contract No.STS98003 Page 23 of 58 Pages
CONTRACT
PUBLIC WORKS
-
This agreement is made this if day of
between the City of Carlsbad, California, a municipal 197? by and after called ‘City”):
and DOUG KOST KONSTRUCTION whose principal place of business is
PO BOX 1207, RAMONA, CA 92065
called “Contractor”).
(hereinafter
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contract documents
for: CURB GUTTER AND SIDEWALK REPLACEMENT
CONTRACT NO. STS98003
(hereinafter called “project”)
- 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools,
equipment, and personnel to perform the work specified by the Contract Documents.
3. ContrFct 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 Special Provisions, addendum(s) to said Plans and Specifications and Special 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 Contractor’s
expense to fulfil1 the intent of said documents. In all instances through the life of the Contract, City
will be the interpreter of the intent of the Contract Documents, and City’s decision relative to said intent will be final and binding. Failure of 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 Contractor per section Q-3 PAYMENT of the Standard Specifications for
Public Works Construction (SSPWC) 1998 Edition, and the 1998 supplements thereto, hereinafter
designated “SSPWC”, as issued by the Southern California Chapter of the American Public Works
Association, and as amended by the Special Provisions section of this contract. The Street
Maintenance Superintendent will close the estimate of work completed for progress payments on
the last working day of each month.
c> 7/17/98 Contract No.STS98003 Page 24 of 58 Pages
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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 Uriusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall
promptly, and before the following conditions are disturbed, notify City, in writing, of any:
A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste,
as defined in section 25117 of the Health and Safety Code, that is required to be removed to a
Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law.
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 rewgnized as inherent
in work of the character provided for in the contract.
City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ,
or do involve hazardous waste, and cause a decrease or increase in contractor’s costs of, or the time required for, performance of any part of the work shall issue a change order under the
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 Street Maintenance Superintendent, 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.
-* b 7/17/98 Contract No.STS98003 Page 25 of 58 Pages
9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and
indemnify and hold harmless 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 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 Cii against any challenges to the award of the contract
to Contractor, and Contractor will pay all costs, including defense costs for 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 Contractor, his or her agents, representatives,
employees or subcontractors. Said insurance shall. meet City‘s policy for insurance as stated in
Resolution No. 91-403.
(A) Coverages And Limits Contractor shall maintain the types of wverages and minimum limits
indicted herein:
a. Comprehensive General Liability Insurance: $1 ,OOO,OOO 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 City or its agents, officers or employees are additional insured.
b. Business Automobile Liability Insurance: $1 ,OOO,OOO combined single limit per accident for
bodily injury and property damage. In addition, the auto policy must wver any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and
whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for
“any auto” and cannot be limited in any manner.
c. Workers’ Compensation and Employers’ Liability Insurance: Workers’ compensation limits
as required by the Labor Code of the State of California and Employers’ Liability limits of $l,OOO,OOO
per incident. Workers’ compensation offered by the State Compensation Insurance Fund is
acceptable to City. ,
(B) Additional Provisions. Contractor shall ensure that the policies of insurance required under
this agreement with the exception of Workers’ Compensation and Business Automobile Liability
Insurance contain, or are endorsed to contain, the following provisions.
a. 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 Contractor; products and
completed operations of the Contractor; premises owned, leased, hired or borrowed by Contractor.
The coverage shall contain no special limitations on the scope of protection afforded to 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.
ti q 7/l 7198 Contract No.STS98003 Page 26 of 58 Pages
-
b. Contractor’s insurance coverage shall be primary insurance as respects City, its officials,
employees and volunteers. Any insurance or self-insurance maintained by City, its officials,
employees or volunteers shall be in excess of Contractots insurance and shall not contribute with it.
c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided
to City, its officials, employees or volunteers.
7 d. Coverage shall state that 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 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 City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects City, its
officials and employees; or 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 City or any of its
officials or employees.
-- c
(F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or
shall furnish separate certiicates and endorsements for each subcontractor. Coverages for
subcontractors shall be subject to all of the requirements stated herein,
-
-
(G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best’s Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of
insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or
under the standards specified by the City Council in Resolution No. 91-403.
(H) Verification Of Coverage. Contractor shall furnish 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 City
and are to be received and approved by City before the Contract is executed by City.
I (I) Cost Of insurance. The Cost of all insurance required under this agreement shall be included
in Contractor’s bid.
-
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 Special Provisions I section. Contractor shall initially submit all claims over $375,000
to City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall
,
_ - comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of
this agreement.
-0 k 7117198 Contract No.STS98003 Page 27 of 58 Pages
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(A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to 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 City, it may be
considered fraud and 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 Contractor to an administrative debarment proceeding wherein 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 debam-tent by
another jurisdiction is grounds for the City of Cansbad to disqualify Contractor or subcontractor from
participating in future contract bidding.
I have read Hnd understand all provisions of Section 11 above. (Initial)
12. Maintenance of Records. Contractor shall maintain and make available at no cost to City,
upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of
the Labor Code. If Contractor does not maintain the records at Contractor’s principal place of business as specified above, Contractor shall so inform City by certified letter accompanying the
return of this Contract. Contractor shall notify 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.
14. Security. Securities in the form of cash, cashier’s check, or certified check may be substituted
for any monies withheld by City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by Contractor and 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.
-a b 7/17/98 Contract No.STS98003 Page 28 of 58 Pages
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P
16. Additional Provisions. Any additional provisions of this agreement are set forth in the
“General Provisions” or “Special Provisions” attached hereto and made a part hereof.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST
AlTACHED
BE
(CORPORATE SEAL)
By: ubs w J4J-T (sign here)
OW#f&zD
(print name and title)
By:
(sign here)
tant City Clerk
(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:
-0 b 7m98 Contract No.STS98003 Page 29 of 58 Pages
CALIFORNIA ALLPURPOSE ACKNOWLEDGMENT
State of CQCI l~0l-J’~
County of SC& 31560
On I-II-47 Dabs
personally appeared
Name and Title of Otlicer (e.g.. =lane Doe. Notary Public”)
Name(s) of Signer(s)
me on the basis of satisfactory evidence to be the persohC3,
whose nam&) is/&q subscribed to the within instrument
and acknowledged to me that he/sh&bey executed the
same in his/h&their authorized capacity@& and that by
his/h&their signaturew on the instrument the personm
or the entity upon behalf of which the person&acted,
executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: COtiTM~7
Document Date: I - I l-47 Number of Pages: I
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name: D ouC4 Iccm- I
/JQ J individual
0 Corporate Officer
Title(s):
Cl Partner - Cl Limited Cl General
Cl Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
Signer’s Name:
Cl Individual
El Corporate Officer
Title(s):
0 Partner - Cl Limited Cl General
q Attorney-in-Fact
q Trustee
0 Guardian or Conservator
Cl Other:
Signer Is Representing:
Top of thumb here
0 1995 National Notary Association l 8236 Remmel Ave.. P.O. Box 7184 l Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1.8W-8766827
Bond No. SD00077078
Premium: Included In The Performance Bond
LABOR AND MATERIALS BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution
No. 98-395 adopted DECEMBER 8. 1998
DOUG KOST KONSiRUCTlON
, has awarded to
(hereinafter designated as the “Principal”), a Contract for: CURB GUlTER AND SIDEWALK
~EPLACEMENTC~NTRACT No. sTs98003.
in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to
pay for any materials, provisions, provender or other supplies or teams used in, upon or about the
performance of the work agreed to be done, or for any work or labor done thereon of any kind, the
Surety on this bond will pay the same to the extent hereinafter set forth.
NOW, THEREFORE, WE, DOUG KOST KONSTRUCTION ,
- as Principal, (hereinafter designated as the “Contractor”), and Frontier Pacific Insurance Company
as Surety, are held firmly bound unto the City of Carlsbad in the sum of THIRTY ONE THOUSAND
- EIGHT HUNDRED THIRTY NINE AND 64/00--------------------------------Dollars
($ 31,839.64 ) said sum being fifty percent (50%) of the estimated amount payable by
the City of Carlsbad under ihe terms of the Contract, for which payment well and truly to be made
we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or his/her subcontractors fail
to pay for any, materials, provisions, provender, supplies, or teams used in, upon, for, or about the
performance of the work contracted to be done, or for any other work or labor thereon of any kind,
or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or
for any amounts required to be deducted, withheld, and paid over to the Employment Development
Department from the wages of employees of Contractor and subcontractors pursuant to section
13020 of the Unemployment Insurance Code with respect to such work and labor that the Surety will
pay for the same, not to exceed the sum specified in the bond, and, also, in case suit is brought
upon the bond, costs and reasonable expenses and fees, including reasonable attorney’s fees, to
be fixed by the court, as required by the provisions of section 3248 of the California Civil Code.
This bond shall inure to the benefit of any and all persons, companies and corporations entitled to
file claims under Title 15 of Part 4 of Division 3 of the Civil Code (commencing with section 3082).
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change,
extension of time, alterations or addition to the terms of the contract or to the work or to the specifications.
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond.
-* % ?I17198 Contract No.STS98003 Page 30 of 58 Pages
P
c-
,r /
f
r
f- /
r
r- d( ‘\ T-. J
Executed by CONTRACTOR this 4* Executed by SURETY this 31st day
day of .$4@ ,194Q. of December ,1998 .
CONTRACTOR: SURETY:
Doug Kost Konstruction
(name of Contractor)
By: J(2a&gdtid
(sign here)
OOU&~A.~ w /4&G-T (print name here)
3AlLpfhc (title and organization of signatory)
By:
(sign here)
(print name here)
Frontier Pacific Insurance Company
4250 Execu4~~~~~~~~~~~~te. 200
La Jolla, CA 92037
(address of Surety)
(619) 642-5010
(telephone number of Surety)
By:
(signate of Attorney-in-Fact)
Judy H. Tellaw
(printed name of Attorney-in-Fact)
(attach corporate resolution showing current
power of attorney)
(title and organization of signatory)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
r” b .3 ?/I 7198 Contract NoSTS98003 Page 31 of 58 Pages
State of CQLI F-aw’~
County of
On fyzl-7T Date Name and Title of Officer (e.g., “Jane Doe. Notary Public”)
personally appeared b&\ u Ko57
J - 9 Name(s) of Signer(s)
0 personally known to me - OR - P proved to me on the basis of satisfactory evidence to be the persoN
whose nameb) is/ak subscribed to the within instrument
and acknowledged to me that he/&&they executed the
same in his/m authorized capacitym, and that by
his/h&t&r signatureb on the instrument the persortfs)
or the entity upon behalf of which the perso@ acted,
executed the instrument.
WITNESS my hand and official seal.
AK.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: CA-@& rn----‘J &cl
Document Date: 3-Y-44 Number of Pages: TL
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name: Do WI&S d Ko 57
B Individual
0 Corporate Officer
Title(s):
0 Partner - 0 Limited El General
0 Attorney-in-Fact
Cl Trustee
q Guardian or Conservator
0 Other:
Signer Is Representing:
Top of thumb here
Signer’s Name:
Cl Individual
0 Corporate Officer
Title(s):
0 Partner - 0 Limited 0 General
q Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
fop of thumb here
0 1995 National Notary Association l 8236 Remmet Ave.. P.O. Box 7184 l Canoga Park, CA 913Og.7184 Prod. No. 5907 Reorder: Call Toll-Free l-800876-6827
Y STATE OF CALIFORNIA }
1 ss
COUNTY OF SAN DIEGO}
On 12/31/98 before me, N. Ortiz, personally appeared, Judy M. Tellaw,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on
the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
W ITNESS my hand and official seal.
Signature
N. ORTU
‘4 **************************************** ************************************
(THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK)
r^ - /
p==ezzzge
INSURANCE COMPANY
(a California Company)
4250 Executive Square, Suite 200, La Jolla, California 92037
POWER OF ATTORNEY
@IIOn, AU wen ?&j $@Se (@eSentS: That FRONTIER PACIFIC INSURANCE COMPANY, a California Corporation, having its principal office
in La Jolla, California, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 15th day of November, 1991.
“RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys-in-
Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety
business:
“RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney
or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile
seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of
indemnity or writing obligatory in the nature thereof;
“RESOLVED, that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in
such certification the date thereof, said date to be not later than the date of delivery thereof by such Attorney-in-Fact.”
This Power of Attorney is signed and sealed in facsimile under and b JUDY M. TkLLAW the authority of the above Resolution.
DOES HEREBY MAKE, CONSTITUTE AND APPOINT: FLORENCE E. GRIFFIN
Y. LOPEZ A. BARBER
of La Jolla , in the State of California its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and deliver
in its behalf, and as its act and deed, without power of redelegation, as follows:
-- -.
. .
Bonds guaranteeing the fidelity of persons holding places of public or private trust, guaranteeing the performance of contracts other than
insurance policies; and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed;
IN AN AMOUNT NOT TO EXCEED SIX HUNDRED FIFTY THOUSAND ($650,000.00) DOLLARS; and to bind FRONTIER PACIFIC INSUR- ANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of FRONTIER PACIFIC INSURANCE COMPANY, and all the acts of said Attorney(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed.
&I %tWSS %+eOf FRONTIER PACIFIC INSURAl’j&fOMPANY of olla C Ilfornia, has caused this Power of Attorney to be signed
Vice President and its Corporate seal to be affixed this day o~ovt?r&& , 19 $5”‘:
FRONTIER PACIFIC INSURANCE COMPANY
DAVID E. CAMPBELL, Vice President
On before me, N. Ortiz, personally appeared David E. Campbell, personally known to me or proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
Witness my hand and official seal
NoRm
a
cavmwmlY11~ I
NbtayRWlC-CdbW f ~okgocour(y - I -aiu r e 0%
I. the undersigned, Joseph P. Loughlin, Secretary of FRONTIER PACIFIC INSURANCE COMPANY, do hereby certify that the original POWER
OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of the
Corporation this 31st
FM IO-50028.FP (ll/?W)
day of December **..$ INW~ We'.',,,*,,, ,lc) 98 ", 8;" .‘4$\ f$ ~0-4, 0% -2JuL.f *s*o 85,:,. ,,n "z; v I Joseph P. Loughlin, Secretary .s; \s F,,& +: S, v,.. %, 8 % a,,.. :. .,,, ,**@
PRJMIUM IS BASED ON BOND NO. SD00077078
FINAL CONTRACT AMOUNT Premium: $1,089.oo
FAITHFUL PERFORMANCE/WARRANTY BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution
-- No. 98-395 , adopted DECEMBER 8, 1998 , has awarded to
DOUG KOST KONSTRUCTION , (hereinafter
designated as the “Principal”), a Contract for: CURB GUTTER AND SIDEWALK REPLACEMENT
CONTRACT NO. STS98003.
in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and
other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond for the faithful performance and warranty of said Contract;
NOW, THEREFORE, WE, DOUG KOST KONSTRUCTION , as Principal,
(hereinafter designated as the “Contractor”), and Frontier pacific
as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of SIXTY THREE iH0us~~D six HuNDfwD SEVENTY NINE AND 27/00 ____________ -------------------D~II~~ ($ 63,679.27 ) said sum being equal
to one hundred percent (100%) of the estimated amount of the Contract, ‘to be paid to City or its
certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally,
firmly by these presents.
--
-
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and
in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as
therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor,
there shall be included costs and reasonable expenses and fees, including reasonable attorney’s
fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included
in any judgment rendered.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the
same shall affect its obligations on this bond, and it does hereby waive notice of any change,
extension of time, alterations or addition to the terms of the contract or to the work or to the specifications.
-0 Ec 7/17/98 Contract NoSTS98003 Page 32 of 58 Pages
C
.-
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall
not exonerate the Surety from its obligations under this bond.
-
Executed by CONTRACTOR this 4%
day of &l-r ,19%?
CONTRACTOR:
B-- Doug Kost Konstruction
(name of Contractor)
P
By:
(sign here)
m?!wL?~~ I& Pi&&
(print name here)
n- 0 L43 N&/f (Title and Organization of Signatory)
- By:
*-
(sign here)
(print name here)
(Title and Organization of signatory)
Executed by SURETY this 31st day of
December ,19 g8 .
SURETY:
Frontier Pacific Insurance Company
(name of Surety)
4250 Executive Square, Ste. 200
La Jolla, CA 92037
(address of Surety)
(619) 642-5010
(telephone number of Surety)
Judy H. Tellaw
(printed name of Attorney-in-Fact)
(Attach corporate power of attorney.)
r- (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)
resolution showing current
(President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering that officer to bind the corporation.)
rc
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
By:
*m
+# 7/17/98 Contract No.STS98003 Page 33 of 58 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CAc1 Fm2dlA
County of SKI49 7ll em,
On 1~ -Z/H Gici Vbeforeme, fyKIP 6aBC:7 S Dale Name and Title of Officer (so.. “Jane Doe. Notarv Publlc”)
personally appeared DoLlq\as )Q.Jr - # Name(s) of Signer(s)
q personally known to me - OR -wroved to me on the basis of satisfactory evidence to be the personw
whose name($is/ar&ubscribed to the within instrument
and acknowledged to me that he/mxecuted the
same in his/herftheirauthorized capacity(w and that by
his/h-signature&on the instrument the person(s),
or the entity upon behalf of which the personT3$,acted,
executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL ’
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: )a7 lTljl= L
Document Date: I-Y-+( Number of Pages: 2.
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name:pL) 3 ?l A5 u I” s’f
P Individual
0 Corporate Officer
Title(s):
0 Partner - CI Limited 0 General
0 Attorney-in-Fact
Cl Trustee
0 Guardian or Conservator
q Other:
Signer Is Representing:
Signer’s Name:
q Individual
0 Corporate Officer
Title(s):
L? Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee-
0 Guardian or Conservator
0 Other:
Signer Is Representing:
I I
0 1995 National Notay Association l 8236 Remmet Ave.. P.O. Box 7184 - Canoga Park. CA91309-7184 Prod. No. 5907 Reorder: Call T&Free l-SOO4’6-6827
/- STATE OF CALIFORNIA }
> SS
COUNTY OF SAN DIEGO}
On 12/31/M before me, N. Ortiz, personally appeared, Judy M. Tellaw,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on
the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature
************************************* ***********************************
(THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK)
F
INSURANCE COMPANY
(a Callfornia Company)
4250 Executive Square, Suite 200. La Jolla, California 92037
POWER OF ATTORNEY
!&IOm a(\ff me?? %y $@%. ~~e.Sen&:That FRONTIER PACIFIC INSURANCE COMPANY, a California Corporation, having its principal office
in La Jolla, California, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 15th day of November, 1991.
“RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys-in-
Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity
and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety
business;
“RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of
indemnity or writing obligatory in the nature thereof;
“RESOLVED, that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in
such certification the date thereof, said date to be not later than the date of delivery thereof by such Attorney-in-Fact.”
This Power of Attorney is signed and sealed in facsimil &YWRd !%iK#W@ okII?&~h8Y*ti~R~~FIN DOES HEREBY MAKE, CONSTITUTE AND APPOINT: Y. LOPEZ A. BARBER
of La Jolla , in the State of California its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and deliver in its behalf, and as its act and deed, without power of redelegation, as follows:
--
Bonds guaranteeing the fidelity of persons holding places of public or private trust, guaranteeing the performance of contracts other than insurance policies; and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed; IN AN AMOUNT NOT TO EXCEED SIX HUNDRED FIFTY THOUSAND ($650,000.00) DOLLARS; and to bind FRONTIER PACIFIC INSUR- ANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of
FRONTIER PACIFIC INSURANCE COMPANY, and all the acts of said Attorney(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed.
%I M)itneSS %@eOf: FRONTIER PACIFIC lNSUR,,,OMPA~,“~~8~~~~~ ia. has caused this Power of Attorney to be signed
Vice President and its Corporate seal to be affixed this I19 siy
FRONTIER PACIFIC INSURANCE COMPANY
DAVID E. CAMPBELL, Vice President
On before me, N. Ortiz, personally appeared David E. Campbell, personally known to me or proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature 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
9-T
Signature of Notary Public
/- I, the undersigned, Joseph P. Loughlin, Secretary of FRONTIER PACIFIC INSURANCE COMPANY, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of the
Corporation this 31st day of December 1" 98
u , Joseph P. Loughlin, Secretary
FM lB-5OOZB.FP (11/9E)
CITY OF CARLSBAD Purchasing Department
1200 Carlsbad Village Drive
Carlsbad, CA 92008 REPRESENTATION AND CERTIFICATION
- The following representation and certification shall be completed, signed and returned to City of Carlsbad as a part of the bid package.
REPRESENTATIONS: Mark all applicable blanks. This offeror represents as part of this offer that the ownership, operation and control of the business, in accordance with the specific definitions listed below is:
-
DEFINITIONS:
-- MINORITY BUSINESS ENTERPRISF: “Minority Business” is defined as a business, at least 51 percent of which is owned, operated and controlled by minority group members, or in the case of publicly - owned businesses, at least 51 percent of which is ;y;;;;perated and controlled by minority group The Small Business Administration defines the socially and economically disadvantaged (minorities) as Black American, Hispanic American, Native Americans (i.e. American Indian, Eskimos, Aleuts and Native Hawaiians), and Asian-Pacific Americans (i.e., U.S. Citizens whose origins are from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan).
Are you currently certified by CALTRANS? YES NOX
Certification #:
CERTIFICATION OF BUSINESS REPRESENTATIONtSk
Mark all applicable blanks. This offeror represents as a part of this offer that:
This firm isx, is not- a minority business. This firm is-, is notA a woman-owned business.
WOMAN-OWNED BUSINESS: A woman-owned busi- ness is a business of which at least 51 percent is owned, controlled and operated by a woman or women. Controlled is defined as exercising the power to make policy decisions. Operation is defined as actually involved in the day-to-day management.
FIRM’S PRIMARY PRODUCTS OR SERVICE;
CONSTRUCTION CONTRACTOR:
CLASSIFICATION(S):
LICENSE NUMBER
TAXPAYERS I.D. NO. $% r 0 3 yqz& ?
CERTIFICATION: The information furnished is certified to be factual and correct as of the date submitted.
~~ 7117198 Contract No.STS98003 Page 34 of 58 Pages
-
- ,I
-
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/--
OPTIONAL ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the City of Carlsbad whose
address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called “City” and
whose address is
hereinafter called
“Contractor” and whose address is
called “Escrow Agent.”
hereinafter
For the consideration hereinafter set forth, 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,
Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by City pursuant to the Construction Contract entered into between
City and Contractor for CURB GUTTER AND SIDEWALK REPLACEMENT CONTRACT NO. STS98003 in the amount of dated (hereinafter
referred to as the “Contract”). Alternatively, on written request of Contractor, City shall make
payments of the retention earnings directly to the escrow agent. When Contractor deposits the
securities as a substitute for Contract earnings, the Escrow Agent shall notify 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 City and Contractor. Securities shall be held in the name of the I and shall designate Contractor as the beneficial
owner.
2. City shall make progress payments to 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 City makes payment of retentions earned directly to the escrow agent, the escrow agent shall hold them for the benefit of Contractor until such time as the escrow created under this
contract is terminated. 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 City pays the escrow agent directly.
4. 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 City. These expenses and payment
terms shall be determined by City, Contractor and Escrow Agent.
5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to 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
l m
t# 7117198 Contract No.STS98003 Page 35 of 58 Pages
,“-.
-
Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor.
7. City shall have a right to draw upon the securities in the event of default by Contractor. Upon seven days’ written notice to the Escrow Agent from City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by City.
-
-
8. Upon receipt of written notification from City certifying that the Contract is final and complete and that 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 City and Contractor pursuant to sections (1) to (8), inclusive, of this agreement and City and Contractor shall hold Escrow Agent harmless from Escrow Agent’s release, conversion and disbursement of the securities and interest as set forth above.
10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:
.C -
-
For City:
For Contractor:
Title
Name
Signature
Address
Title
Name
Signature
For Escrow Agent: Title
Name
Signature
Address
At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent
a fully executed counterpart of this Agreement.
-
-* % 7117198 Contract No.STS98003 Page 36 of 58 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:
Title
Name
Signature
Address
Title
Name
Signature
Address
Title
Name
Signature
Address
m- t$ 7117198 Contract No.STS98003 Page 37 of 58 Pages
SPECIAL PROVISIONS
FOR
CURB GUTTER & SIDEWALK REPLACEMENT
CONTRACT NO. STS98003
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART 1, GENERAL PROVISIONS
- SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS
1-1 TERMS
Add the following section:
l-1.1 Reference to Drawings. Where words “shown , ” “indicated”, “detailed”, “noted”, “scheduled”,
or words of similar import are used, it shall be understood that reference is made to the plans
accompanying these provisions, unless stated otherwise.
- Add the following section:
l-l.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 Street Maintenance
Superintendent 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 Street Maintenance Superintendent,” unless stated otherwise.
-
Add the following section:
l-l.3 Equals and Approvals. Where the words “equal”, “approved equal”, “equivalent”, and such
words of similar import are used, it shall be understood such words are followed by the expression
“in the opinion of the Street Maintenance Superintendent”, 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 Street Maintenance Superintendent is intended.
Add the following section:
l-l.4 Perform. The word “perform” shall be understood to mean that 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 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.
I-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein.
Agency - the City of Carlsbad, California.
City Council - the City Council of the City of Carlsbad.
C -* b 7117198 Contract No.STS98003 Page 38 of 58 Pages
City Manager - the City Manager of the City of Carlsbad or his/her approved representative.
Dispute Board - persons designated by the City Manager to hear and advise the City Manager on
claims submitted by Contractor. The City Manager is the last appeal level for informal dispute
resolution.
Engineer - the Public Works Director of the City of Carlsbad or his/her approved representative.
The Engineer is the third level of appeal for informal dispute resolution.
-
Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original
Contract Price bid.
Own Organization - When used in Section 2-3.1 - Employees of Contractor who are hired,
directed, supervised and paid by 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 Contractor. When used in Section
2-3.1 “own organization” means construction equipment that 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 Contractor’s Own Organization and will not be included for the purpose of compliance with section 2-3.1 of the Standard Specifications and these Special Provisions.
Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided
who is employed by neither Contractor nor a subcontractor and is neither an agent or employee of
the Agency or a public utility.
-Ic Principal Inspector - The Senior Inspector’s immediate supervisor and second level of appeal for
informal dispute resolution.
Project Inspector - the Street Maintenance Superintendent’s designated representative for
inspection, contract administration and first level for informal dispute resolution.
Project Manager - the Street Maintenance Superintendent of the City of Carlsbad or his/her
approved representative.
Senior Inspector - the Project Inspector’s immediate supervisor and first level of appeal for informal dispute resolution.
SECTION 2 -- SCOPE AND CONTROL OF THE WORK
2-3 SUBCONTRACTS.
2-3.1 General, add the following: Should Contractor fail to adhere to the provisions requiring
Contractor to complete 50 percent of the contract price with its own organization, the Agency may at
its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of the
value of the work performed in excess of 50 percent of the contract price by other than Contractor’s own organization. The City Council shall be the sole body for determination of a violation of these
provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the City Council and shall be notified ten (10) days in advance of the time and
location of said hearing. The determination of the City Council shall be final. P
- 2-4 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,“.
Q .% 71-l 7198 Contract No.STS98003 Page 39 of 58 Pages
-
--
-
-
-
-
,-
-
Modify paragraphs three and four to read: Contractor shall provide a faithful performance/warranty
bond and payment bond (labor .and materials bond) for this contract. The faithful performance/warranty bond shall be in the amount of 100 percent of the contract price and the
payment bond shall be in the amount of 50 percent of the contract price. Both bonds shall extend in
full force and effect and be retained by the Agency during this project until they are released
according to the provisions of this section.
The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days
after recordation of the Notice of Completion and will remain in full force and effect for the one year
warranty period and until all warranty repairs are completed to the satisfaction of the Street
Maintenance Superintendent. The payment bond 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 unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so.
2) A certified copy of the certificate of authority of the insurer issued by the insurance
commissioner.
If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of
the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the
execution of the bond. The financial statement shall be made by an officer’s certificate as defined in
Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may
be verified by the oath of the principal officer or manager residing within the United States.
2-s PLANS AND SPECIFICATIONS.
24.1 General, add the following: The specifications for the work include the Standard
Specifications for Public Works Construction, (SSPWC), 1997 Edition, and the 1998 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 Special
Provisions section of this contract.
The construction plans consist four drawings. The first drawing is designated as City of Carlsbad Drawing No. G-2 and consists of 1 sheet. The second drawing is designated as City of Carlsbad
Drawing No. G-7 and consists of 1 sheet. The third drawing is as City of Carlsbad Drawing No. G-
12 and consists of lsheet. The fourth drawing is designated as City of Carlsbad Drawing No G-14 and consists of one sheet. The standard drawings used for this project are the latest edition of the
San Diego Area Regional Standard Drawings, hereinafter designated SDRS, as issued by the San
Diego County Department of Public Works, together with the City of Carlsbad Supplemental
Standard Drawings. Copies of some of the pertinent standard drawings are enclosed as an appendix to these Special Provisions.
2-5.3.3 Submittals, add the following: When submitted for the Street Maintenance
Superintendent’s review, Shop Drawings shall bear Contractor’s certification that Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the
requirements of the Contract Documents. Contractor shall subscribe to and shall place the following
certification on all submittals:
‘3 7/17/98 Contract No.STS98003 Page 40 of 58 Pages
Date: ; /lL/?y
- Company Name:
--
Add the following:
2-5.4 Record Drawings, 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 Street Maintenance Superintendent upon
completion of ,the work. Payment for performing the work required by section 2-5.4 shall be
included in various bid items and no additional payment will be made therefor.
2-9 SURVEYING.
2-9.1 Permanent Survey Markers, substitute the following: Contractor shall not disturb
permanent survey monuments or benchmarks without the consent of the Street Maintenance
Superintendent. Where the Street Maintenance Superintendent concurs, in writing, with Contractor
that protecting an existing monument in place is impractical, 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.
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 comer record(s) as
required by §§ 8772 and 8773, et seq. of the California Business and Professions Code.
When a change is made in the finished elevation of the pavement of any roadway in which a
permanent survey monument is located, Contractor shall adjust the monument frame and cover to
the new grade within 7 days of paving unless the Street Maintenance Superintendent shall approve
otherwise. Monument frames and covers shall be protected during street sealing or painting
projects or be cleaned to the satisfaction of the Street Maintenance Superintendent.
2-9.3 Survey Service, substitute the following: Contractor shall hire and pay for the services of a 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:
2-9.3.1 Submittal of Surveying Data, All surveying data submittals shall conform to the
requirements of section 2-5.3.3, “Submittals”, herein. Contractor shall submit grade sheets to the
Street Maintenance Superintendent before commencing work in the area affected by the grade sheets. Contractor shall submit field notes for all surveying required herein to the Street
Maintenance Superintendent 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 (81/2n
-* b 7117198
#
Contract No.STS98003 Page 41 of 58 Pages
-
-
-
-
by 11”) paper. The field notes, calculations and data shall be clear and complete with name of the
sunreyor, the party chief, field crew members, preparer 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”. Contractor shall have a Record of Survey prepared by the surveyor and file it in conformance with $9 8700 - 8805 of the State of California Business and
Professions Code when the surveyor performs any surveying that such map is required under §Q
8762 of the State of California Business and Professions Code and whenever the Surveyor shall
establish, set or construct any pemranent survey monument. SDRS drawing M-10 type
monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing
steel and all monuments and marks that are at, or accessory to, property corners and street
centetiines 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 Street
Maintenance Superintendent’s review and approval before submittal to the County Surveyor and before submittal to the County Recorder.
-
Add the following section:
2-9.3.3 Payment for Survey, Payment for work performed to satisfy the requirements of
Sections 2-9.1 through 2-9.3.2 shall be included in the actual bid items requiring the survey work
and no additional payment will be made. Extension of unit prices for extra work shall include full
compensation for attendant survey work and no additional payment will be made therefor. Payment
for the replacement of disturbed monuments and the filing of wmer records shall be incidental to
the work necessitating the disturbance of said monuments and no additional payment will be made
therefor.
2-10 AUTHORITY OF BOARD AND ENGINEER
C J Add the following section:
240.1 Availability of Records, Contractor shall, at no charge to the Agency, provide copies of
all records in Contractor’s or subcontractor’s possession pertaining to the work that the Street
Maintenance Superintendent may request.
Add the following section:
2-10.2 Audit And inspection, Contractor agrees to maintain and/or make available, to the Street
Maintenance Superintendent, 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 Street Maintenance Superintendent 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 Contractors staff and the staff of all
subcontractors to this contract. At any time during normal business hours and as often as the Street Maintenance Superintendent may deem necessary, upon reasonable advance notice, Contractor
shall make available to the Street Maintenance Superintendent 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 Street Maintenance Superintendent 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 Contractors
em
Gp 7117198 Contract No.STS98003 Page 42 of 58 Pages
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
3-3 EXTRA WORK.
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s
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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 Contractor’s bid proposal for this contract. Adjustments in excess of
25 percent may, at the option of the Street Maintenance Superintendent, be paid pursuant to
section 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 & 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
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) Work by Contractor. The following percentages shall be added to Contractor’s costs and
shall constitute the markup for all overhead and profits:
1) Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
2) Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
3) Equipment Rental . . . . . . . . . . . . . . . . . . . 15
4) Other Items and Expenditures . . 15
To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding.
UN Work by Subcontractor. When all or any part of the extra work is performed by a
Subcontractor, the markup established in 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 Contractor.
3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for
extra work will not be made until such time that Contractor submits completed daily reports and all supporting documents to the Street Maintenance Superintendent.
3-4 CHANGED CONDITIONS. delete the second sentence of paragraph three, delete paragraph five (5) and add the following: Contractor shall not be entitled to the payment of any additional
compensation for any act, or failure to act, by the Street Maintenance Superintendent, including
failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or
other cause, unless Contractor shall have first given the Street Maintenance Superintendent 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
tp 7117198 Contract No.STS98003 Page 43 of 58 Pages
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claim that is based on differences in measurement or emxs of computation as to contract
quantities. The written notice of potential claim for changed conditions shall be submitted by
Contractor to the Street Maintenance Superintendent upon their discovery and prior to the time that
Contractor performs the work giving rise to the potential claim. 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. -
Contractor shall provide City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which 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.
C
The potential claim shall include the following certification relative to the California False Claims Act,
Government Code Sections 12650-I 2655.
“The undersigned certifies that the above statements are made in full cognizance of the California
ctions 12650-I 2655. The undersigned further understands
less resolved, must be restated as a claim in response to r it to be further considered.”
Title:
Date: ,
Company Name;
Contractor’s estimate of costs may be updated when actual costs are known. Contractor shall
submit substantiation of its actual costs to the Street Maintenance Superintendent 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 Street Maintenance Superintendent at the earliest
possible time in order that such matters be settled, if possible, or other appropriate action promptly
taken.
3-5 DISPUTED WORK. Add the following: 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, Contractor shall
attempt to resolve all disputes informally through the following dispute resolution chain of command:
1. Project Inspector
2. Street Maintenance Superintendent
3. Public Works Director
C
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4. City Manager
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
l -
t@ 7117198 Contract No.STS98003 Page 44 of 58 Pages
- appeal of claim City will, within 10 working days of receipt of said claim or appeal of claim, review
Contractor’s report and respond with a position, request additional information or request that
Contractor meet and present its report. When additional information or a meeting is requested, City
will provide its position within 10 working days of receipt of said additional information or
Contractor’s presentation of its report. Contractor may appeal each level’s position up to City
Manager after which 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 Contractor for $375,000 or less shall be resolved in accordance with the procedures in
the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below:
ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS
20104. (a)(l) This article applies to all public works claims of three hundred seventy-five thousand
dollars ($375,000) or less which arise between a 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 after January 1, 1991.
20104.2. For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the claim.
Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to
extend the time limit or supersede notice requirements otherwise provided by contract for the filing
of claims.
(b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within
30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency’s written response to the claim, as further documented, shall be submitted to
the claimant within 15 days after receipt of the further documentation or within a period of time no
greater than that taken by the claimant in producing the additional information, whichever is greater.
(c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000). the local agency shall respond in writing to all written
claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt Of the claim, any additional documentation supporting the claim or relating to defenses to the claim the
-* b 7117198 Contract No.STS98003 Page 45 of 58 Pages
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.
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20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: *
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court
shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties.
The mediation process shall provide for the selection within 15 days by both parties of a
disinterested third person as mediator, shall be commenced within 30 days of the submittal, and
shall be concluded within 15 days from the commencement of the mediation unless a time
requirement is extended upon a good cause showing to the court or by stipulation of both parties. If
the parties fail to select a mediator within the 15day period, any party may petition the court to
appoint the mediator.
(b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to
Chapter 2,5 (commencing with Section 1141 .I 0) 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 .lO) 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
F- 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.
-* b 7117198 Contract No.STS98003 Page 46 of 58 Pages
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed
except as othenvise 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
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4-l MATERIALS AND WORKMANSHIP.
4-I .3.1 General, add the following: Contractor shall provide the Street Maintenance
Superintendent 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 Street Maintenance Superintendent with such information as may be necessary to keep the Street Maintenance Superintendent fully infomed regarding progress and
manner of work and character of materials: Inspection or testing of the whole or any portion of the
work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfil1
this Contract.
4-1.4 Test of Materials, delete the phrase, “and a reasonable amount of retesting”, from the third
sentence of the first paragraph.
add the following: Except as specified in these Special 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 Special
Provisions. The cost of all other tests shall be borne by Contractor.
-
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At the option of the Street Maintenance Superintendent, the source of supply of each of the materials shall be approved by the Street Maintenance Superintendent 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, 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 Contractor’s expense.
Compaction tests may be made by the Street Maintenance Superintendent 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 Street Maintenance Superintendent. The costs of any retests made necessary by noncompliance with the specifications
shall be borne by Contractor.
4-1.6 Trade names or Equals, add the following: Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Street Maintenance Superintendent,
the substitution is determined to be unsatisfactory in performance, appearance, durability,
compatibility with associated items, availability of repair parts and suitability of application the
-0
- Contractor shall remove the substituted item and replace it with the originally specified item at no
cost to the Agency. i-
SECTION 5 - UTILITIES
5-l LOCATION. Add the following: The Agency and affected utility companies have, by a search
of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the
limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of
utilities indicated on the Plans is not guaranteed.
5-4 RELOCATION. Add the following: In order to minimize delays to Contractor caused by the
failure of other parties to relocate utilities that interfere with the construction, Contractor, upon
request to the Street Maintenance Superintendent, may be permitted to temporarily omit the portion of work affected by the utility. Such omission shall be for Contractor’s convenience and no
additional compensation will be allowed therefor. The portion thus omitted shall be constructed by
Contractor immediately following the relocation of the utility involved unless otherwise directed by
the Street Maintenance Superintendent.
SECTION 6 - PROSECUTION, PROGRESS AND
ACCEPTANCE OF THE WORK
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6-l CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete subsection 6-l
and substitute the following: Contractor shall begin work within 30 calendar days after receipt of
the “Notice to Proceed”.
-
Add the following section: 6-l .I Pre-Construction Meeting. After, or upon, notification of contract award, the Street
Maintenance Superintendent will set the time and location for the Preconstruction Meeting.
Attendance of Contractor’s management personnel responsible for the management, administration,
and execution of the project is mandatory for the meeting to be convened. Failure of Contractor to
have Contractors responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per section 6-4. No separate payment will be made for Contractor’s
attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting.
C Add the following section:
6-l .I .I Baseline Construction Schedule Submittal. 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: 61.2 Preparation and Review of the Baseline Construction Schedule. 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. The Baseline Construction Schedule shall begin with the projected date of issuance of the notice to proceed and conclude with
-* % 7117198 Contract
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.
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Add the following section: 6-1.2.10 Street Maintenance Superintendent’s Review. The Construction Schedule is subject
to the review of the Street Maintenance Superintendent. The Street Maintenance Superintendent’s determination that the Baseline Construction Schedule proposed by Contractor complies with the
requirements of these special provisions shall be a condition precedent to issuance of the Notice to
Proceed by the Street Maintenance Superintendent. If the Street Maintenance Superintendent determines that the Construction Schedule does not meet the requirements of these specifications
Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to
the Street Maintenance Superintendent. Failure of Contractor to obtain the Street Maintenance
Superintendent’s determination that the initial Construction Schedule proposed by Contractor
complies with the requirements of these special 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 Street Maintenance Superintendent to review the initial Construction Schedule will not be included in the 30 working days.
c - The Street Maintenance Superintendent will review and return to 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 6-1.2.10. I through 6-I .2.10.3.
Add the following section:
6-1.2.10.1 “Accepted.” Contractor may proceed with the project work upon issuance of the Notice
to Proceed, and will receive payment for the schedule in accordance with section 6-l .8.1.
-- Add the following section:
6-l .2.10.2 “Accepted with Comments.” Contractor may proceed with the project work upon issuance of the ‘Notice to Proceed. Contractor must resubmit the schedule incorporating the
comments prior to receipt of payment per section 6-1.8.1.
r Add the following section:
6-l .2.10.3 “Not Accepted.” Contractor must resubmit the schedule incorporating the corrections
and changes of the comments prior to receipt of payment per section 6-l .8.1. The Notice to
Proceed will not be issued by the Street Maintenance Superintendent if the changes of the comments are not submitted as required hereinbefore and marked “Accepted” or “Accepted with
Comments” by the Street Maintenance Superintendent. Contractor, at the sole option of the Street
Maintenance Superintendent, 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 Street Maintenance
Superintendent.
C Add the following section:
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/4
64.3 Preparation of Schedule Updates and Revisions. Contractor shall meet with the Street
Maintenance Superintendent during the last week of each month to agree upon each activity’s
schedule status and shall submit monthly updates of the Baseline Construction Schedule confirming the agreements no later than the fifth working day of the following month. The monthly update Will
be submitted on hard (paper) copy and electronic media conforming to section 6-1.3.3 Electronic
Media per the submittal requirements of section 2-5.3 and will include each item and element of sections 6-l .2 through 6-1.2.9 and 6-1.3.1 through 6-I -3.7.
Add the following section:
4=
6-1.3.1 Actual Activity Dates. The actual dates eadh activity was started and/or completed during the month. After first reporting an actual date the Contractor shall not change that actual
date in later updates without specific notification to the Street Maintenance Superintendent with the
update.
Add the following section:
6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month,
Contractor shall report the percentage determined by the Street Maintenance Superintendent as
complete for the activity.
Add the following section:
6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting
logic, with an explanation for each change.
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Add the following section:
6-l .3.5 Change Orders, Each monthly update will include the addition of the network revisions
reflecting the change orders approved in the previous month. The network revisions will be as
agreed upon during the review and acceptance of Contractor’s change orders.
Add the following section:
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6-1.4 Street Maintenance Superintendent’s Review of Updated Construction Schedule. The
Street Maintenance Superintendent will review and return the Updated Construction Schedule to Contractor, with any comments, within 5 working days of submittal. The Updated Construction
Schedule will be returned marked as per sections 6-1.4.1 through 6-l .4.3. Any Updated Construction Schedule marked “Accepted with Comments” or “Not Accepted” by the Street
Maintenance Superintendent will be returned to Contractor for correction. Upon resubmittal the
Street Maintenance Superintendent will review and return the resubmitted Updated Construction Schedule to Contractor, with any comments, within 5 working days. Failure of Contractor to submit
a monthly updated construction schedule will invoke the same consequences as the Street Maintenance Superintendent returning a monthly updated construction schedule marked “Not
Accepted”.
P Add the following section:
6-‘l.4.1 “Accepted.” Contractor may proceed with the project work, and will receive payment for
the schedule in accordance with section 6-l .8.2.
Add the following section:
6-1.4.2 “Actepted with Comments.” Contractor may proceed with the project work. Contractor must resubmit the Updated Construction Schedule to the Street Maintenance Superintendent
incorporating the corrections and changes noted in the Street Maintenance Superintendent’s
comments prior to receipt of payment per section 6-1.8.2.
P
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Add the following section:
6-l .4.3 “Not Accepted.” Contractor must resubmit the Updated Construction Schedule to the
Street Maintenance Superintendent incorporating the corrections and changes noted in the Street
Maintenance Superintendent’s comments prior to receipt of payment per section 6-1.8.2. Contractor, at the sole option of the Street Maintenance Superintendent, may be considered as
having defaulted the contract under the provisions of section 6-4 DEFAULT BY CONTRACTOR if
the changes of the comments are not submitted and marked “Accepted” by the Street Maintenance Superintendent before the last day of the month in which the Updated Construction Schedule is due.
If Contractor fails to submit the corrected Updated Construction Schedule as required herein
Contractor may elect to proceed with the project at its own risk. Should Contractor elect not to
-*
- proceed with the project, any resulting delay, impact, or disruption to the project will be Contractor’s
responsibility.
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Add the following section:
61.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion or contractually required milestone date later than the properly adjusted contract or milestone
duration, the Agency may withhold Liquidated Damages for the number of days late. Should a
subsequent @Accepted” Schedule Update remove all or a portion of the delay, all or the allocated
portion of the previously held Liquidated Damages shall be released in the monthly payment to
Contractor immediately following the ‘Accepted” schedule.
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Add the following section:
6-l .6 Interim Revisions. Should the actual or projected progress of the work become
substantially different from that depicted in the Project Schedule, independently of and prior to the
next monthly update, Contractor will submit a revised Baseline Construction Schedule, with a list
and explanation of each change made to the schedule. The Revised Construction Schedule will be submitted per the submittal requirements of section 2-5.3 and per the schedule review and acceptance requirements of section 6-1, including but not limited to the acceptance and payment
provisions. As used in this subsection “substantially differenr means a time variance greater than 5
c- . percent of the number of days of duration for the project.
Add the following section:
6-1. 7 Final Schedule Update. Contractor shall prepare and submit a final schedule update
when one hundred percent of the construction work is completed. Contractor’s Final Schedule
Update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed per sections 6-1.3 Preparation of Schedule Updates and Revisions and
6-l. 4 Street Maintenance Superintendent’s Review of Updated Construction Schedule. Acceptance of the final schedule update is required for completion of the project and release of any
and all funds retained per section 9-3.2.
Add the following section:
64.1 Measurement And Payment Of Construction Schedule. Contractors preparation,
revision and maintenance of the Construction Schedule are incidental to the work and no separate
payment will be made therefor.
6-2 PROSECUTION OF WORK.
Add the following section: 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and
materials, and performing all operations necessary to complete the Project Work as shown on the
Project Plans and as specified in the Specifications.
- 6-7 TIME OF COMPLETION. Add the following: Contractor shall diligently prosecute the work to
completion within 60 working days after the starting date specified in the Notice to Proceed.
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6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Street
Maintenance Superintendent, the hours of work shall be between the hours of 7:00 a.m. and 4:00
p.m. on Mondays through Fridays, excluding Agency holidays. Contractor shall obtain the written
approval of the Street Maintenance Superintendent if Contractor desires to work outside said hours
or at any time during weekends &d/or holidays. This written permission must be obtained at least
48 hours prior to such work The Street Maintenance Superintendent may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by Contractor is beneficial to the best interests of the Agency. Contractor shall pay the inspection costs of such
-a
work.
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6-6 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following:
The Street Maintenance Superintendent 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
Contractor and the Street Maintenance Superintendent 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 Street Maintenance Superintendent’s judgment, the
Work has been completed and is ready for acceptance the Street Maintenance Superintendent will
so certify to the Board. Upon such certification by the Street Maintenance Superintendent the
Board may accept the completed Work. Upon the Board’s acceptance of the Work the Street Maintenance Superintendent 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
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.
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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, Contractor shall pay the Agency, or have withheld monies due it, the sum of $250.
- Execution of the Contract shall constitute agreement by the Agency and Contractor that $250 per
day is the minimum value of costs and actual damages caused by 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.
74 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.
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7-5 PERMITS. Delete the first sentence and add the following four sentences: Except as
specified herein the agency will obtain, at no cost to Contractor, all encroachment, right-of-way, grading, resource agency and building permits necessary to perform work for this contract on
Agency property, in streets, highways (except State highway right-of-way), railways or other rights- of-way. Contractor shall not begin work until all permits incidental to the work are obtained. Contractor shall obtain and pay for all permits for the disposal of all materials removed from the
project. The cost of said pennit shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefor.
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7-7 COOPERATION AND COLLATERAL WORK.
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- Add the following section:
7-7.1 Coordination. Contractor shall coordinate and cooperate with all the utility companies
during the relocation or construction of their lines. Contractor may be granted a time extension if, in
the opinion of the Street Maintenance Superintendent, a delay is caused by the utility company. No
- additional compensation will be made to Contractor for any such delay.
78 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. Contractor shall conduct effective cleanup and dust control
throughout the duration of the Contract. The Street Maintenance Superintendent may require
increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to
preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered
incidental to the items of work that they are associated with and no additional payment will be made
therefor.
7-8.5 Temporary Light, Power and Water. Add the following: 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. Contractor shall contact the
appropriate water agency for requirements.
Contractor shall pay all costs of temporary light, power and water including hookup, service, meter
and any, and all, other charges, deposits and/or fees therefor. Said costs shall be considered - - incidental to the items of work that they are associated with and no additional payment will be made
therefor.
Add the following ‘section:
7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped
with mufflers in good repair when in use on the project with special attention to the City Noise
- Control Ordinance, Carlsbad Municipal Code Chapter 8.48.
7-10 PUBLIC CONVENIENCE AND SAFETY.
740.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in
accordance with the plans, Chapter 5 of the California Department of Transportation “Manual of Traffic Controls,” 1996 edition and these Special 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, 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
Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation
or devices as may be required herein, the Street Maintenance Superintendent may, at his/her sole
option, install the traffic signs, markings, delineation or devices and charge Contractor twenty dollars
($20.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility,
whichever is the greater.
C Add the following section:
7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and
control devices shall be maintained throughout the duration of work in good order and according to
the approved traffic control plan. All construction area signs shall conform to the provisions Of section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of
r -a
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section 214~5.l.et seq. All temporary reflective channelizers shall conform to the provisions of
section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking
shall conform to the provisions of section 210-1.6 et seq. except that all temporary paint shall be
rapid dry water borne conforming to CALTRANS Specification No. 8010-91 D-30. 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 Contractor. Warning and advisory signs,
lights and devices shall be promptly removed by 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-existant conditions shall be removed from the travelled way and from the view of
motorists in the travelled way or shielded from the view of the travelling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install
stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable
signs. Portable signs shall be removed from the travelled way and shielded from the view of the travelling public during non-working hours. During the hours of darkness, as defined in Division I,
Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of
the Contractor, shall be in conformance with the provisions in section 206-7.2 et seq. If illuminated
traffic wnes rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective wne sleeves as specified in CALTRANS “Standard Specifications”,
except the sleeves shall be 180 mm (7”) long. Personal vehicles of Contractor’s employees shall
not be parked within the traveled way, including any section closed to public traffic. Whenever
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 wnes or portable delineators placed on a taper
in advance of the parked vehicles or equipment and along the edge of the pavement at 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) cone5 or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or
C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a sign post or
telescoping flag tree with flags. The sign post or flag tree shall be placed where directed by the
Street Maintenance Superintendent.
i- Add the following section:
7-10.3.2 Maintaining Traffic. Contractor’s personnel shall not work closer than 1.8 m (S’), nor operate equipment within 0.6 m (2’) from any traffic lane occupied by traffic. For equipment the 0.6
m (2’) shall be measured from the closest approach of any part of the equipment as it is operated
and/or matieuvered 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
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 Contractor to detour
traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers.
r During the entire construction, a minimum of two paved traffic lanes, not less than 3.6m (12’) wide, shall be open for use by public traffic in each direction of travel.
P Add the following section:
7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing C
- traffic lanes or pedestrian walkways in accordance with the details shown on the plans, CALTRANS “Manual of Traffic Control”, 1996 edition and provisions under “Maintaining Traffic” elsewhere in
-0
these Special Provisions. The provisions in this section will not relieve 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
Contractor so elects, said components may be stored at selected central locations, approved by the
Street Maintenance Superintendent, within the limits of the right-of-way.
Add the following section:
-
7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe
operations, traffic shall be controlled with lane closures, as provided for under “Traffic Control
System for Lane Closure” of these Special Provisions or by use of an alternative traffic control plan
proposed by Contractor and approved by the Street Maintenance Superintendent. Contractor shall not start traffic striping operations using an alternative plan until Contractor has submitted its plan to
the Street Maintenance Superintendent and has received the Street Maintenance Superintendent’s written approval of said plan.
P .
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Add the following section: 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan
Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the
project plans, or if Contractor elects to modify TCP included in the project plans, 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. 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. 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 Street Maintenance
Superintendent’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 Street Maintenance Superintendent’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 Street
Maintenance Superintendent and of the “MANUAL OF TRAFFIC CONTROLS”, 1996 Edition as
published by the State of California Department of Transportation. Such modification, addition,
supplement, and/or new design of TCP shall be prepared by a registered professional engineer
appropriately registered in the State of California. The Street Maintenance Superintendent shall be the sole judge of the suitability and quality of any such modifications, supplements, and/or new
designs to TCP. The Street Maintenance Superintendent may approve any such modifications,
supplements, and/or new designs to the TCP when, in the Street Maintenance Superintendent’s
sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the
registered professional engineer retained by 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 Street Maintenance Superintendent. 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.
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Add the following section: 7-10.3.7 Payment. Contractor shall provide traffic control at the contract lump sum price bid. The
contract lump sum price paid for “traffic control” shall include full compensation for furnishing all
labor (including flagging costs), materials (including signs), tools, equipment and incidentals, and for
doing all the work involved in preparation, reproduction and changing of traffic control plans, placing,
applying traffic stripes and pavement markers with bituminous adhesive, removing, storing,
maintaining, moving to new locations, replacing, and disposing of the components of the traffic
control system as shown on the plans and approved additions and modifications, as specified in
these special provisions, and as directed by the Street Maintenance Superintendent. All expenses
and time to prepare and review modifications, additions, supplements and/or new TCP designs shall
be included in the lump sum bid for traffic control and no additional payment will be made therefor. Flagging costs will be paid for as a part of the Lump Sum Amount for “Traffic Control.” The cost of
labor and material for portable concrete barriers will be paid for at the unit price bid. When there is no bid item the cost of labor and material for portable concrete barriers they will be paid as an
incidental to the work being performed and no additional payment will be made therefor. Progress
- payments for “Traffic Control” will be based on the percentage of the improvement work completed.
Add the following section:
-
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7-10.4.4 Safety. and Protection of Workers and Public. 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. Contractor
shall erect and properly maintain at all times, as required by the conditions and progress of the
work, all necessary safeguards for the protection of workers and public, and shall use danger signs
warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials.
-
7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work
include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which
would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions
established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract.
SECTION 9 - MEASUREMENT & PAYMENT
9-l MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK
9-l .4 Units of Measurement, modify as follows: The system of measure for this contract shall be
the U.S. Standard Measures.
7 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 wmmence on the date of rewrdation of the “Notice of Completion”
9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following:
Each month, the Street Maintenance Superintendent 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
**
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made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Street Maintenance Superintendent shall complete the detailed progress pay
estimate and submit it to Contractor for Contractor’s information. Should Contractor assert that
additional payment is due, Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Street Maintenance Superintendent with adequate justification supporting the amount of supplemental payment request. Upon receipt of the
supplemental payment request, the Street Maintenance Superintendent shall, as soon as
practicable after receipt, determine whether the supplemental payment request is a proper
payment request. If the Street Maintenance Superintendent determines that the supplemental
payment request is not proper, then the request shall be returned to 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, City shall
make payments within thirty (30) days after receipt of an undisputed and properly submitted
supplemental payment request from Contractor. If payment of the undisputed supplemental
payment request is not made within thirty (30) days after receipt by the Street Maintenance Superintendent, then City shall pay interest to Contractor equivalent to the legal rate set forth in
subdivision (a) of Section 685.010 of the Code of Civil Procedure.
. -
Delete the third paragraph and substitute the following: The Agency shall retain 10 percent of
such estimated value of the work done and 10 percent of the value of materials so estimated to
have been furnished and delivered and unused or furnished and stored as aforesaid as part security
for the fulfillment of the contract by Contractor, except that at any time after 50 percent of the work
has been completed, if the Street Maintenance Superintendent finds that satisfactory progress is
being made, the Agency may reduce the total amount being retained from payment pursuant to the
above requirements to 5 percent of the total estimated value of said work and materials and may also reduce the amount retained from any of the remaining partial payments to 5 percent of the
estimated value of such work and materials. In addition, on any partial payment made after 95
percent of the work has been completed, the Agency may reduce the amount withheld from payment pursuant to the requirements of this Section to such lesser amounts as the Street
Maintenance Superintendent determines is adequate security for the fulfillment of the balance of the
work and other requirements of the contract, but in no event will said amount be reduced to less than 125 percent of the estimated value of the work yet to be completed as determined by the
Street Maintenance Superintendent. Such reduction will only be made upon the written request of
Contractor and shall be approved in writing by the surety on the Performance Bond and by the
surety on the Payment Bond. The approval of the surety shall be submitted to the Street Maintenance Superintendent; the signature of the person executing the approval for the surety shall
be properly acknowledged and the power of attorney authorizing the person executing the approval to give such consent must either accompany the document or be on file with the Agency.
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Add paragraph 6 et seq. as follows: After final inspection, the Street Maintenance Superintendent
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 Contractor as determined by the Street Maintenance
Superintendent 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.
-
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. Contractor
shall provide all documentation at the time of submitting the statement supporting its position.
Should Contractor fail to submit the statement and supporting documentation within the time specified, Contractor acknowledges that full and final payment has been made for all contract bid
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items and change order items.
_.
If Contractor submits a written statement with documentation in the aforementioned time, the Street Maintenance Superintendent 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 Street Maintenance Superintendent will be subject to resolution as specified in
subsection 3-5, Disputed Work.
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The written statement filed by Contractor shall be in sufficient detail to enable the Street
Maintenance Superintendent to ascertain the basis and amount of said disputed items. The Street
Maintenance Superintendent will consider the merits of Contractor’s claims. It will be the
responsibility of Contractor to furnish within a reasonable time such further information and details
as may be required by the Street Maintenance Superintendent 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.
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g-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in
the written statement required in subsection 93.2 all claims of any dollar amount shall be submitted in a written statement by 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 Contractor has complied with notice
or protest requirements. .
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The claims filed by Contractor shall be in sufficient detail to enable the Street Maintenance
Superintendent to ascertain the basis and amount of said claims. The Street Maintenance
Superintendent will consider and determine Contractor’s claims and it will be the responsibility of
Contractor to furnish within a reasonable time such further information and details as may be
required by the Street Maintenance Superintendent 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 Street Maintenance Superintendent. Contractor shall proceed with informal dispute
resolution under subsection 3-5, Disputed Work, for those claims remaining in dispute.
-* b
Exhibit 2
1
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--Ir 2” Wukrned Plane Joint I * . . . . : ** .‘.. 15. :’ . * . . .‘a * ;.I- 1M”R :L
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except whm rhtiom
indicate otherwise.
TYPE G & H,CURB
.
l with 6” Curb Face
NOTES:
1. Concne shall be JJ-,,~ -c -.aCa
2. See Standrrd Drawing G-10 for joint details.
3. Slope top of curb l/1” per foot towerd street.
LEGEND ON PLANS
I REcOYYEWDfO NV WE *II DIEGO SAN DIEGO REGIONAL STANDARD DRAWING Revision 16~ Approved Date RtGlOnAL 511*0*1105 coYYlTTcE cow.
a&.DkzL.LJ 4Ti.c. /ns
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Note 3 t!& 4. &- 7-B C~wdmmrr R.C.E. I¶8001 - CURB AND GUTTER -COMBINED
-4
varies I
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d’ P p-- I -‘----- f
I I I L-II -I -----a ---99-g I ---m-4
Weakened piam Joint -I
NON-CONTIGUOUS
I-
Width as shorn, on pian
CONTIGUOUS
NOTES
1. Concrete Ml be m -c-d t 50 2. See Standard Dnwtng G-Y and G-10 for joint detail& LEGEND ON PLANS
:.* .$. :.
.:-;q: .-2 .‘., .
SAN DIEGO REGIONAL ANDARD DRAW
SIDEWALK - TYPICAL SECTIONS
IECOYYENOEO IV THE SIR DIEGO IIEGIONAC STANOAROS COHlnEE
a.u~dL&J 4%. /T?s
-of II.C.E. IWQl Om
J I A /Contact Joints per Standard Drawing G-10 when separate pours are made
PLAN
1 10 unless otherwise ,
I- shoii on plan - l/2” A typical
‘& Top of Paving
I Bare material as shown on plans
m .
SECTION A-A
NOTES:
1. Concrete shall be 560-C-3250.
:: ------------ IWeakened plane joints.
- - =Typical flowlines.
4. 0 =Ekvatiom to be showg on plans.
5. Return segments to be &Thick.
6. Curb between P.C.k;s shall be considered as part of cross gutter.
j. In d cases s&grade shag be compacted to 6jic min
relative compaction to a depth of lr.
LEGEND ON PLANS
8-S
E
IECOYYENOEO IV TWE SAN DIEGO Revision ByI Approved Date
REGIONAL STANOAIIOS COMMITTEE SAN DIEGO REGIONAL STANDARD .DRAWING Thickness q c! 5. 73
rI2safuu &&./es Note 1 *ti fi.0. j-
Coorduww. R.C.E. 19807 ‘ha CROSS GUTTER Note 6 %?. -8; &Y-t%
G-12 Note 7 v 4d $59:
.
1 .
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1
1
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. . . . . . .,. . l r \ .*a - :y,,f!
‘:.,‘: ..* .,
Non-contiguous Sidewalk -4 Limit of driveway for
no sidewalk or . ‘. r.....: contiguous sidewalk.
t IezwI /Gutter-
9 - Contiguous Sidewalk I faakaned Aane Joint
. .
PUN
I- Oriwway width shown on plans _ I
ELEVATlON
Edge of Sidevulk -4
NOTES
1. NO COIIC~~M shall be placed until forms and subgrade are inspected by the Agency.
2. Concrete shall be -5&4-~~~~~~
3. See standard drawings G-15 and G-16 for width and location requirements.
4. O&way ramp to extend to 10 feet from curb face or to property line whichever
LEGEND ON PLANS
is less. (For commercial driveways only)
5. See Standard Drawings G-2 and G-10 for krb and joint detail% Oriveway
h
- nEcOY*ENoEO a* WE SAN DECO Revision By Approved Date
REGIONAL SlANO&ROS COYYITTEE SAN DIEGO REGIONAL STANDARD DRAWING
UUKii& &U./m
cH(*Nu R.C.E. 19.07 -
Hfd 6-d:
CONCRETE DRIVEWAYS Cont. -f@ HI.t3. /km r
KJKiG G-14 Limits * 739, 5S
Notations Q,J. 4 4, 7-e
f