HomeMy WebLinkAboutEmpire and Associates/Sprinturf; 2003-01-03; PKS02-04OUC # 2004-0256546
RECORDED REQUESTED BY 6- CITY OF CARLSBAD
AND WHEN RECORDED PLEASE
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
~
Notice is hereby given that:
1.
2.
3.
4.
5.
6.
7.
8.
MfiR 235 2004 8~42 AM
aTICIK mDs SAN DIE@ COUNTY ElXDER'S OFFICE GREGORV J. SHITHs COUHTY RECORDER FEES: 0.00
Space above this line for Recorder's use.
PARCEL NO: N/A
NOTICE OF COMPLETtON
The undersigned is owner of the interest or estate stated below in the property hereinafter described.
The full name of the undersigned is City of Carlsbad, a municipal corporation.
The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008.
The nature of the title of the undersigned is: In fee.
A work or improvement on the property hereinafter described was completed on January 22,2004.
The name of the contractor for such work or improvement is Empire and Associates / Sprinturf.
The property on which said work or improvement was completed is in the City of Carlsbad, County of
San Diego, State of California, and is described as follows: Poinsettia Park Soccer Facility and
Stagecoach Park Tennis Facility Upgrades, Agreement Number 3864/3838, Drawing Number 397-7.
The street address of said property is 6600 Hidden Valley Road.
VERIFICATION OF CITY CLERK
I, the undersigned, say:
City Council of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California,
said City on March 9 , 20x, accepted the above
described 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 March 10 , 20&, at Carlsbad, California.
Karen R. Kundtz, Assisixnr: City Clerk
CITY OF CARLSBAD
~ i San Diego County
I
I California
CONTRACT DOCUMENTS AND
SUPPLEMENTAL PROVISIONS
FOR
SYNTHETIC TURF SOCCER FIELD
INSTALLATION AT POINSETTIA PARK
CONCRETE ACCESS STAIRS INSTALLATION
AT
POINSETTIA PARK AND STAGECOACH PARK
i AND.
CONTRACT NO. PKS02-04
March 2002
@ Revised 9/11;00 Contract NO. PKS02-04 Page 1 of E3 Pages
- -_ TABLE OF CONTENTS
I
”
- Item Paae
Notice Inviting Bids ........................................................................................................................ 5
Contractor‘s Proposal .................................................................................................................... 9
Bid Security Form .......................................................................................................................... 14
Bidder’s Bond To Accompany Proposal ....................................................................................... 15
Guide For Completing the “Designation Of Subcontractor and Amount Of Subcontractor‘s
Bid Items” and “Designation of Owner Operator/Lessor and Amount Of Owner Operator/Lessor - Work” Forms. .........................................................................................................................
Designation Of Subcontractor and Amount Of Subcontractor’s Bid Items .................................
Designation Of Owner Operator/Lessor and Amount Of Owner Operator/Lessor Work ............
Bidder’s Statement Of Financial Responsibility ............................................................................
Bidder’s Statement Of Technical Ability And Experience .............................................................
Bidder’s Certificate Of Insurance For General Liability, Employers’ Liability, Automotive
Liability And Workers’ Compensation ..........................................................................................
Bidder’s Statement Of Re Debarment ..........................................................................................
Bidder’s Disclosure Of Discipline Record .........................................................................
Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid ..............................
Contract Public Works ...................................................................................................................
Labor And Materials Bond .............................................................................................................
Faithful Performance/Warranty Bond ...........................................................................................
Optional Escrow Agreement For Surety Deposits In Lieu Of Retention .......................................
17
19
20
21
22
23
24
25
27
28
34
36
38
@ Revised 911 1/00 Contract No. PKS02-04 Page 2 of 83 Pages
SUPPLEMENTAL PROVISIONS
General Provisions Part 1
Terms, Definitions Abbreviations And Symbols
Terms ............................................................ ....................................................... Definitions ...................................................... ....................................................... Abbreviations ....... . ... . ............. ......... ... ... . . ....... ................... ........ .............. .... ... .......
Section 1
1-1
1-2
1-3
41
42
42
I "
Section 2
2-3 2-4 2-5 2-9
2-1 0
Scope And Control Of The Work Subcontracts .................... , .... ......... ........... ... ................. ... ...... .................. ........... Contract Bonds .............................................. : .......................................... . ...........
Plans And Specifications ............................... .................................. . .......... ..........
Surveying ....................................................... .......................................................
Authority Of Board And Engineer .................. .......................................................
43
43 44
45
47
Section 3 3-2 3-3 3-4 3-5 "
Changes In Work Changes Initiated by the Agency .................. ....................................................... Extra Work ....... .. .. ..... .... . ... .. ... ...................... .. .. .. . ...... ... ..... , . ... ............. ...... .. .... ...... Changed Conditions ...................................... ....................................................... Disputed Work ............................................... .......................................................
48 48 48 49
Section 4 - 4- 1
4-2 - - Section 5 5-1
5-4
Control Of Materials Materials And Workmanship ......................... ......................... , ................ , ............ Materials Transportation, Handling and Storage ..... .. .. . .. .. . .. .... ...... ... . .. .. . . .. .. ... . .... 52 52
Utilities Location ..... . . , . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . .. . . . . . . . .. . .. . . . . . . . .. . . . . . . . . .. . . . . . . . . . . .. . . . . . . . .. . .. . . .
Relocation .......... ...... . ..... ... ...... .. . ............. ....... ...... ............ ............. .. ....... ............... 53
53
Prosecution, Progress And Acceptance Of The Work Construction Schedule And Commencement Of Work ........................................
Prosecution Of Work ..................................... .......................................................
Delays And Extensions Of Time ................... .......................................................
Time of Completion ....................................... .......................................................
Completion And Acceptance ......................... ....................................................... Liquidated Damages ..................................... .......................................................
Section 6 6- 1
6-2
6-6
6-7
6-8
6-9
53 58
58
59
59
59
Section 7
7-3 7-4
7-5
7-7
7-8 7-1 0 7-1 3
Responsibilities Of The Contractor
Liablltty Insurance .......................................... .......................................................
Workers' Compensation Insurance ............... .......................................................
Permits .......................................................... ....................................................... Cooperation and Collateral Work .................. ....................................................... Project Site Maintenance .............................. ....................................................... Public Convenience And Safety .................... ....................................................... Laws To Be Observed ................................... .......................................................
.. 59
60
60
60 60 61
64
Section 9 9- 1 9-3
Measurement and Payment
Measurement Of Quantities For Unit Price Work ................................................. Payment ...... .. . .... ..... . .... ............ , .... . ..... . .. ... ..... . . ..... .. ................ ..... .. . ................... , .. 65 65
- @ Revised 911 1/00 Contract No. PKS02-04 Page 3 of 83 Pages
"
Part 2 Construction Materials
Section 201 Concrete, Mortar And Related Materials .............................................................. 67
Section 206 Miscellaneous Metal Items ................................................................................... 67
Section 210 Paint And Protective Coatings ............................................................................. 70
Section 212 Landscape And Irrigation Materials ..................................................................... 71
Part 3 Construction Methods
Section 300 Earthwork .............................................................................................................. 73
Section 301 Treated Soil, Subgrade Preparation And Placement Of Base Materials .............. 75
Section 303 Concrete And Masonry Construction .................................................................... 76
Section 304 Metal Fabrication And Construction ...................................................................... 78
Section 310 Painting .................................................................................................................. 78
APPENDICES
Poinsettia Community Park Soccer Field Grading/Drainage Plan and Construction Details
Poinsettia and Stagecoach Community Parks Stairway Designs, DWG No. 397-7
TECHNICAL SPECIFICATIONS SECTION 1 IN-FILLED SYNTHETIC TURF SURFACING SECTION 2 SYNTHETIC TURF SUBSURFACE CONSTRUCTION SPECIFICATIONS
@ Revised 911 1/00 Contract No. PKS02-04 Page 4 of 83 Pages
-
”
c
CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Until 4:OO p.m. on May 9, 2002, the City shall accept sealed bids, clearly marked as such, at the
Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be
opened and read, for performing the work as follows: Installation of synthetic turf soccer field,
concrete access stairs to soccer field at Poinsettia Park and concrete access stairs and
walkway at Stagecoach Park.
SYNTHETIC TURF SOCCER FIELD INSTALLATION AT
POlNSElTtA PARK AND CONCRETE ACCESS STAIRS INSTALLATION AT
POINSETTIA PARK AND STAGECOACH PARK
CONTRACT NO. PKS02-04
This bid and the terms of the Contract Documents and Supplemental Provisions constitute an
irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional
time as may be mutually agreed upon by the City of Carlsbad and the Bidder.
The work shall be performed in strict conformity with the plans and specifications as approved by the
City Council of the City of Carlsbad on file with the Public Works - Parks Division. The specifications
for the work include the Standard Specifications for Public Works Construction, 2000 Edition,
hereinafter designated “SSPWC” as issued by the Southern California Chapter of the American
Public Works Association and as amended by the supplemental provisions sections of this contract.
Reference is hereby made to the plans and specifications for full particulars and description of the
work.
The City of Carlsbad encourages the participation of minority and women-owned businesses.
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to
utilize recycled and recyclable materials when available, appropriate and approved by the Engineer.
The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when
a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the
State of California as an irresponsible bidder.
No bid will be received unless it is made on a proposal form furnished by the Purchasing
Department. Each bid must be accompanied by security in a form and amount required by law.
The bidder’s security of the second and third next lowest responsive bidders may be withheld until
the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall
be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to
the provisions of law (Public Contract Code section 10263), appropriate securities may be
substituted for any obligation required by this notice or for any monies withheld by the City to ensure
performance under this Contract. section 10263 of the Public Contract Code requires monies or
securities to be deposited with the City or a state or federally chartered bank in California as the
escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of
the agent in connection with the handling of retentions under this section in an amount not less than
$100,000 per contract.
P @ Revised 911 1/00 Contract No. PKS02-04 Page 5 of 83 Pages
c
"4 The documents which comprise the Bidder's proposal and that must be completed and properly
executed including notarization where indicated are: - 1.
2.
3.
4. -
5.
6.
7.
Contractor's Proposal Bidder's Bond Non-Collusion Affidavit Designation of Subcontractors and Amount of Subcontractor Bid
Designation of Owner Operator/Lessors & Amount of Owner Operator/Lessor Work
Bidder's Statement of Financial Responsibility Bidder's Statement of Technical Ability and Experience
8. Acknowledgement of Addendum(a)
9. Certificate of Insurance. The riders covering
the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of
this contract. 10.Bidder' s Statement Re Debarment
11 Bidder's Disclosure Of Discipline Record 12.Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security)
All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are
approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is
seven hundred fifty thousand dollars ($750,000).
- Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a
contractor pursuant to the Business and Professions Code shall be considered non-responsive and
shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall
be invalidated by the failure of the bidder to be licensed in accordance with California law. Where
federal funds are involved the contractor shall be properly licensed at the time the contract is
-
- awarded. In all other cases the contractor shalt state their license number, expiration date and
" classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal
funds. The following classification is acceptable for this contract: "A" (General Engineering).
If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of
the usual 10% retention from each payment, these documents must be completed and submitted
with the signed contract. The escrow agreement may not be substituted at a later date.
Sets of plans, supplemental provisions, and Contract documents may be obtained at the Cashier's
Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-731 4,
for a non-refundable fee of $25.00 per set. If plans and specifications are to be mailed, the cost for
postage should be added.
Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings,
and specifications may submit to the Engineer a written request for clarification or correction.
Any response will be made only by a written addendum duly issued by the Engineer a copy of which
response will be made to such inquiry. Prior to the award of the contract, no addition to,
modification of or interpretation of any provision in the contract documents will be given by
- any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified.
No bidder may rely on directions given by any agent, employee or contractor of the City of
Carlsbad except as hereinbefore specified.
- specifications or other contract documents, or finds discrepancies in or omissions from the drawings
I will be mailed or delivered to each person receiving a set of the contract documents. No oral
-
.c The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or
informality in such bids.
Revised 911 1/00 Contract No. PKS02-04 Page 6 of 83 Pages
"
"
The general prevailing rate of wages for each craft or type of worker needed to execute the Contract
shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770,
1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy
of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the
Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers
employed by him or her in the execution of the Contract.
The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5
of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and
Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the
purposes of section 41 07 and 41 07.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to
the Contract for work.
A pre-bid meeting and tour of the project site will be held at Poinsettia Park located at 6600 Hidden
Valley Road in Carlsbad on Thursday, April 25, 2002 at 1O:OO a.m.
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.
The Contractor shall provide bonds to secure faithful performance and warranty of the work in an
amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor
shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to:
1) One hundred percent (100%) of the total amount payable by the terms of the contract when the
total amount payable does not exceed five million dollars ($5,000,000).
2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total
amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million
dollars ($1 0,000,000).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract
exceeds ten million dollars ($1 0,000,000).
These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the Supplemental
Provisions section of this contract. All bonds are to be placed with a surety insurance carrier
admitted and authorized to transact the business of insurance in California and whose assets exceed
their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be
accompanied by the following documents:
1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or
other instrument entitling or authorizing the person who executed the bond to do so.
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
If the bid is accepted, the 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.
@ Revised 911 1/00 Contract No. PKS02-04 Page 7 of 83 Pages
I - Insurance is to be placed with insurers that:
1) Have a rating in the most recent Best’s Key Rating Guide of at least A-:V
2) Are admitted and authorized to transact the business of insurance in the State of California by the - Insurance Commissioner.
Auto policies offered to meet the specification of this contract must:
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.
- 1) Meet the conditions stated above for all insurance companies.
Workers’ compensation insurance required under this contract must be offered by a company
meeting the above standards with the exception that the Best’s rating condition is waived. The City
does accept policies issued by the State Compensation Fund meeting the requirement for workers‘
compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price.
The award of the contract by the City Council is contingent upon the Contractor submitting the
required bonds and insurance, as described in the contract, within twenty days of bid opening. If the
Contractor fails to comply with these requirements, the City may award the contract to the second or
third lowest bidder and the bid security of the lowest bidder may be forfeited.
The prime contractor and all subcontractors are required to have and maintain a valid City of
Carlsbad Business License for the duration of the contract. - -
Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2007 - 059 I
adopted on the 19th day of FEBRUARY 120 02 .
A
L
”
”
/
Date LOaRAlNE M. WOOD, City Clerk 1
e Revised 9/11/00 Contract No. PKSO2-04 Page 8 of 83 Pages
CITY OF CARLSBAD
SYNTHETIC TURF SOCCER FIELD INSTALLATION AT
POINSETTIA PARK AND CONCRETE ACCESS STAIRS INSTALLATION AT
POINSETTIA PARK AND STAGECOACH PARK
CONTRACT NO. PKS02-04
City of Carlsbad
May 3,2002
ADDENDUM NO. 1
RE: POINSETTIA PARK SOCCER FACILITY AND STAGECOACH PARK TENNIS
FACILITY UPGRADES, PROJECT NO.: PKS02-04
Please include the attached addendum in the Notice to BiddedRequest for Bids you
have for the above project.
Please note change in due date for the above-mentioned bid.
New date for bid openinq is:
May 16,2002
Time remains the same: 4:OO p.m.
This addendum--receipt acknowledged--must be included to your bid when your bid is
submitted.
*&hL
RUTH FLETCHER
Purchasing Officer
RF:jlk
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1
-
1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-2460 FAX (760) 602-8556 @
5-16-02;12:35PM;Cl~y of Carlsbad ;I 760 602 0556 # 1/ 2
c City of Carlsbad
May 6,2002
ADDENDUM NO. 2
RE: POINSETTIA PARK SOCCER FACILITY AND STAGECOACH PARK TENNIS
FACILITY UPGRADES, PROJECT NO. PKS02-04
Please include the attached addendum in the Notice to BiddedRequest for Bids you
have for the above project.
This addendum-receipt acknowledged-must be attached to your Request for Bid when your bid is submitted.
RUTH FLETCHER
Purchasing Officer
RF:mm
Attachment
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2
1635' Faraday Avenue - Carlsbad, CA 92008-7314 - (760) 602-2460 - FAX (?60) 602-8556 dB,
1 ..
c City of Carlsbad
May 9,2002
ADDENDUM NO. 3
RE: POINSETTIA PARK SOCCER FACILITY AND STAGECOACH PARK TENNIS
FACILITY UPGRADES
PROJECT NO. PKS02-04
Please include the attached addendum in the Notice to BidderIRequest for Bids you
have for the above project.
Please note change in due date for the above-mentioned bid.
New date for bid opening is:
MAY 20,2002
Time remains the same: 4:OO p.m.
This addendum-receipt acknowledged--must be included to your bid when your bid is
submitted.
RUTH FLETCHER
Purchasing Officer
RF:mm
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 3
1635' Faraday Avenue - Carlsbad, CA 92008-7314 (760) 602-2460 FAX (760) 602-8556 @
CITY OF CARLSBAD
SYNTHETIC TURF SOCCER FIELD INSTALLATION AT
POINSETTIA PARK AND CONCRETE ACCESS STAIRS INSTALLATION AT
POINSETTIA PARK AND STAGECOACH PARK
CONTRACT NO. PKS02-04
CONTRACTOR‘S PROPOSAL
City Council City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
The undersigned declares he/she has carefully examined the location of the work, read the Notice
Inviting Bids, examined the Plans, Specifications, Supplemental Provisions and addenda thereto,
and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. PKS02-04 in accordance with the Plans, Specifications,
Supplemental Provisions and addenda thereto and that he/she will take in full payment therefor the
following unit prices for each item complete, to wit:
SCHEDULE “A”
SYNTHETIC TURF FIELD
Item - No. Description
Approximate
Quantity Unit
and Unit - Price - Total
A-I Install infill rubber and/or sand 124,000 SF $ $
synthetic turf field including
preparation of base grade 121,500 SF 5.58 678,500.00 (excavation, survey, compaction
and soil testing), installation of ,
impermeable underdrain liner,
installation of drainage systems,
installation of aggregate layer
over drainage system and
compaction testing, installation
of synthetic turf material and
anchoring, installation of infill
materials at Five Dollars and
Dollars per Square Foot
/ -
b’ltty ulgnt cents per square foot
I,
@ Revised 911 1/00 Contract No. PKS02-04 Page 9 of 83 Pages
SCHEDULE "B"
TWO CONCRETE STAIRS AND ONE WALKWAY
PER DRAWING #397-7
Approximate
Quantity
and Unit Item - No.
B-1
Unit - Price
$ 1,200.00
Total DescriDtion
$ 1,200.00 Clearing and Grubbing at 1 LS One Thousand Two
Hundred Uollars
Dollars (Lump Sum)
$ 1,600.00 $ 32.00 Unclassified Excavation and 50 CY 8-2
T!?~!i??y ho Dollars is sal t
Per Cubic Yard
Dollars per Cubic Yard
$ 24,000.00 $ 960.00 8-3 Two (2) Concrete Stairways with 25 CY
Reinforcement at Nine Hundred Sixty Dollars
per cumc rara
Dollars per Cub@ Yard
$ 1,800.00' 1,800.00 1 LS
300 SF
1 LS
- B-4 Stairway Tread Painting at
. One Thousand Eight
Hundred Dollars
Dollars (Lump Sum)
$ 1,200.00 $ 4.00 4" PCC Walkway at Stagecoach 8-5
Park at Four Dollars - rer 3 UdLt: CVVL -8
Dollars per Square Foot
$ 1,500.00 $ 1,500.00 B-6 Concrete Sealant at One Thousand Five hundred Dollars
Dollars (Lump Sum)
70.00 14,000.00
200 LF $ $ B-7
Per Linear Foot
Dollars per Linear Foot
$ 700.00 $ 700.00
PVC Sleeves and Replacement
of Irrigation Lines at Poinsettia
Park at Seven Eundred Dollars
LS B-8
c
i
Dollars (Lump Sum)
Contract No. PKS02-04 Page 10 of 83 Pages
~ ~~~__ ~. ~ .5 _-:_-- -
Item - No.
c-1
c-2
c-3
Description
Composite Drains
See page 80 for details
OPENED, WITNESSED AND RECORDED:
BID ALTERNATES cs6+ &a SCHEDULE “C”
Approximate DATE
-Quantity Unit
and Unit - Price - Total
1 LS $ 15,420.00 $ 15,420.
140,000.00 140,000. 1 LS $ $ Secondary Lower Fiber Layer
See page 81 for details
Shock Absorbing Underpad 1 LS $
See page 82 for details
.75 $ 91,125.
Total amount of bid in words for Schedule “A: Six Hundred Seventy Eight Thousand
and Five Hundred Dollars
Total amount of bid in numbers for Schedule “A: $ 678,500.00
Total amount of bid in words for Schedule “6: Fourty six Thousand
00
00
00
Total amount of bid in numbers for Schedule “B: $ 46,000.00
Total amount of bid in words for Schedule “C”: TWO Hundred Fourty Six Thousand Five
Hundred Fourty Five
246,545.00 Total amount of bid in numbers for Schedule ”C: $
Total amount of bid in numbers including Schedule “A’, Schedule “B” and Schedule “C”: $ 971,045.00
The basis of award will be the sum df Schedule “A, “B” and “C” unless bids for Schedule “C” are
rejected, in which case the basis of award will be Schedule “A and “B only.
Price(s) given above are firm for 90 days after date of bid opening.
Addendum (a) No(s).
proposal.
1 through 3 hadhave been received and idare included in this
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 ip preparing this bid.
Revised 911 1/00 Contract No. PKS02-04 Page 11 of 83 Pages
~- ~. ..~ ~
The Undersigned agrees that in case of default in executing the required Contract with necessary - bonds and insurance policies within twenty (20) days from the date of award of Contract by the City
Council of the City of Carlsbad, the City may administratively authorize award of the contract to the
second or third lowest bidder and the bid security of the lowest bidder may be forfeited.
The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do
business or act in the capacity of a contractor within the State of California, validly licensed under , classification B-HIC-A which expires on , and that this statement is true and correct and has the legal effect of 1ic$T7fl/w6 4
A bid submkted -to t6e City by a Contractor who is not licensed as a contractor pursuant to the
Business and Professions Code shall be considered non-responsive and shall be rejected by the City 5 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated
by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code 9 201 04.
@ Revised 9/11/00 Contract No. PKS02-04 Page 12 of 83 Pages
License Detail Page 1 of 2
California Home
I
Monday, December 16,2002
License Detail CALIFORNIA CONTRACTORS STATE I ICFNSE BOARD
Contractor License # 589388
DISCLAIMER
A license status check provides information taken from the CSLB license data base.
Before relying on this information, you should be aware of the following limitations:
0 CSLB is prohibited by law from disclosing complaints until they are referred for
Per B&P 7071.17, only construction related civil judgments known to the CSLB
0 Arbitrations are not listed unless the contractor fails to comply with the terms of
Due to workload, there may be relevant information that has not yet been entered
legal action.
are disclosed.
the arbitration.
onto the Board's license data base.
Extract Date: la1 a2002
* * * Business Information * * *
EMPIRE & ASSOCIATES INC
462 STEVENS AVE SUITE 308
SOLANA BEACH, CA 92075
Business Phone Number: (858) 793-5900
Entity: Corporation
Issue Date: 03/01/1990 Expire Date: 03/31/2004
* * * License Status * * *
This license is current and active. All information below should be reviewed.
* * * Classifications * * *
IIiGENERAL ENGINEERING CONTRACTORi
~
* * * Certifications * * *
c
Icert]
HOME IMPROVEMENT CERTIFICATION WI Description
12/16/2002
License Detail Page 2 of 2
* * * Bonding Information * * *
CONTRACTOR'S BOND: This license filed Contractor's Bond number 13257 in the
amount of $7,500 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY.
Effective Date: 01/31/1996
Contractor's Rondina History
BOND OF QUALIFYING INDIVIDUAL(1): This license filed Bond of Qualifying
individual number 138721 for HOBDY RAY BISHOP in the amount of $7,500 with the
bonding company
Effective Date: 06/03/2002
ICAN CONTRACTORS INDEMNITY COMPANY.
BQl's Bondina History
* * * Workers Compensation Information * * *
This license has workers compensation insurance with the
STATE COMPENSATION INSURANCE FUND
Policy Number: 1630868 Effective Date: 04/01/2001 Expire Date: 04/01/2003
Workers Compensation History
Personnel listed on this license (current or disassociated) are listed on other
licenses.
Personnel List Other Licenses
License Number Request Contractor Name Request Personnel Name Request
Saleswrson Repuest SslesDereon Name Request
8 2002 State of California. Gray Davis, Governor. Conditions of Use Privacy Policy
Personnel List
0
Page 1 of 1
..
California Home Monday, December 16,2002
Contractor License # 589388
Click on the person's name to see a more detailed page of information on that person.
Name Title Association Disassociation Class More
Date Date Class
RMO 03/01 A990 A More
RME 0310 1 11990 03/01/1991 B
HOBDY RAY
BISHOP
DENNIS KEITH
WHARTON
DAVID ROBERT
WlLLlS
ANNFRANCES
WlLLlS
CHERRIE DELL VICE
HARRIS PRESIDENT YENRY ALBERT CEO/PRESIDENT 11/07/2002 LICHER
BRUCE SAL
CHESKIN OFFICER 1 1 /07/2002
PRESIDENT 03/0 1 11990 1 1 /07/2002
SECRETARY 0310 1 A990 1 1 /07/2002
0310 1 11990 01 /18/2002
7-
License Number Reauest Contractor Name Request Personnel Name Request
Salesperson Request Salesperson Name Request
6 2002 State of California. Gray Davis, Governor. Conditions of Use Priiacy Policy
12/16/2OO2
"
The Undersigned bidder hereby represents as follows:
1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no
representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted hidher to enter into this Contract, excepting only those contained in this form of Contract and the
papers made a part hereof by its terms; and
2. That this bid is made without connection with any person, firm, or corporation making a bid for the
same work, and is in all respects fair and without collusion or fraud.
Accompanying this proposal is BOND (Cash, Certified Check, Bond or
Cashier's Check) for ten percent (1 0%) of the amount bid.
The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every
employer to be insured against liability for workers' compensation or to undertake self-insurance in
accordance with the provisions of that code, and agrees to comply with such provisions before
commencing the performance of the work of this Contract and continue to comply until the contract is complete.
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1 , Article 2, relative
to the general prevailing rate of wages for each craft or type of worker needed to execute the
Contract and agrees to comply with its provisions.
IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(1) Name under which business is conducted NA
(2) Signature (given and surname) of proprietor
(3) Place of Business
(Street and Number)
City and State
(4) Zip Code Telephone No.
IF A PARTNERSHIP. SIGN HERE:
NA (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.
a Revised 9/11/00 Contract No. PKS02-04 Page 13 of 83 Pages
rc
IF A CORPORATION, SIGN HERE:
(1) Name under which business is conducted Empire & Associates, Inc.
President/CFO
(Title)
Impress Corporate Seal here
(3) Incorporated under the laws of the State of California
(4) place of Business 462 Stevens Avenue, Suite 308
(Street and Number)
City and State Solana Beach, California 92075
(5) Zip Code 92075 Telephone No. (858) 793-5900
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
AlTACHED
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:
Henry A. Julicher, President/CEO
Bruce S. Cheskin. Secretarv
Q Revised 911 1/00 Contract No. PKS02-04 Page 14 of 83 Pages
"
BID SECURITY FORM
(Check to Accompany Bid)
SYNTHETIC TURF SOCCER FIELD INSTALLATION AT
POlNSElTlA PARK AND CONCRETE ACCESS STAIRS INSTALLATION AT
POlNSElTlA PARK AND STAGECOACH PARK
CONTRACT NO. PKS02-04
(NOTE: The following form shall be used if check accompanies bid.)
Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF
CARLSBAD, in the sum of
dollars ($ h
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
r
*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.)
Revised 911 1/00 Contract No. PKS02-04 Page 15 of 83 Pages
BIDDER'S BOND TO ACCOMPANY PROPOSAL
F-
SYNTHETIC TURF SOCCER FIELD INSTALLATION AT
POINSETTIA PARK AND CONCRETE ACCESS STAIRS INSTALLATION AT
POINSETTIA PARK AND STAGECOACH PARK
CONTRACT NO. PKS02-04
KNOW ALL PERSONS BY THESE PRESENTS:
That we, -&Associates uc , as Principal, and International Fidelity Insyrance CI
as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows:
(must be at least ten percent (10%) of the bid amount) 10% of amount bid for which
payment, well and truly made, we bind ourselves, our heirs, executors and administrators,
successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-
bounden Principal for:
SYNTHETIC TURF SOCCER FIELD INSTALLATION AT
POINSETTIA PARK AND CONCRETE ACCESS STAIRS INSTALLATION AT
POINSElTlA PARK AND STAGECOACH PARK
CONTRACT NO. PKS02-04
in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and
execute a Contract including required bonds and insurance policies within twenty (20) days from the
award, then this obligation shall become null and void; otherwise, it shall be and remain in full force
and effect, and the amount specified herein shall be forfeited to the said City.
- date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said
. .. ... . .. . .. .. . .. . .. ... ... . .. ... ... .. . ... ... ... ... ... . .. . ..
/" ... ... ...
Revised 911 1 I00 Contract No. PKS02-04 Page 16 of 83 Pages
In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall
/c not exonerate the Surety from its obligations under this bond.
Executed by PRINCIPAL this 2 day of ,20 a.
PRINCIPAL: Empire & Associates, Inc. Executed by SURETY this day of I 20”.
SURETY: Henry A. Julicher
(print name here)
(name of Surety) President/CEO, Empire & Associates, Inc.
(Title and Organization of Signatory) ~ ~~~
(address of Surety)
(sign here) * (telephone number of Surety) Bruce S. Cheskin
(print name here) By:
Secretary, Empire & Associates, Inc. (signature of Attorney-in-Fact)
(title and organization of signatory)
(printed name of Attorney-in-Fact)
r
(Attach corporate resolution showing current power of attorney.)
(Proper notarial acknowledgment of execution by PRINCIPAL 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: f?&/ MlMW c
Deputy City Attorney
Revised 911 1/00 Contract No. PKS02-04 Page 17 of 83 Pages
0 LL
?
E
c s
0) n.
Company Profile
r
Page 1 of 2
Company Profile n
INTERNATIONAL FIDELITY INSURANCE
COMPANY
ONE NEWARK CENTER 20TH FL
NEWARK, NJ 07 102-5207
Agent for Service of Process
KEVIN CHAMBERS, 1575 TREAT BLVD. SUITE 208 WALNUT CREED, CA 94598
Unable to Locate the Agent for Service of Process?
Reference Information
NAIC #: 11592
NAIC Group #: 0000
California Company ID #: 434 1-4
Date authorized in California: February 09, 1996
License Status: UNLIMITED-NORMAL
Company Type: Property & Casualty
State of Domicile: NEW JERSEY
Lines of Insurance Authorized to Transact
Company Complaint Information
Company Enforcement Action Documents
Company Performance & Comparison Data
Composite Complaint Studies
12/16/2002
Company Profile
Want More?
Help Me Find a Company Representative in My Area
Financial Rating Organizations
Last Revised - December 13,2002 05:27 PM Copyright 0 California Department of Insurance Disclaimer
Page 2 of 2
1 2/ 1 6/2002
"
I
c
GUIDE FOR COMPLETING
THE "DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS"
AND
"DESIGNATION OF OWNER OPERATOWLESSOR AND
AMOUNT OF OWNER OPERATOWLESSOR 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
Supplemental Provisions to this Contract especially, "Bid", "Bidder", "Contract", "Contractor",
"Contract Price", "Contract Unit Price", "Engineer", "Subcontractor" and "Work" and the definitions in
section 1-2 of the Supplemental Provisions especially "Own Organization" and "Owner
Operator/Lessor." Bidders are further urged to review sections 2-3 SUBCONTRACTS of the
SSPWC and section 2-3.1 of these Supplemental Provisions.
CAUTIONS These forms will be used by the Agency to determine the percentage of work that the
Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct
information may result in rejection of the bid as non-responsive. Any bid that proposes performance
of more than 50 percent of the work by subcontractors or owner operator/lessors or otherwise to be
performed by forces other than the Bidder's own organization will be rejected as non-responsive.
Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal"
are not included in computing the percentage of work proposed to be performed by the Bidder.
INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every
subcontractor or Owner OperatodLessor who the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor or Owner OperatodLessor
licensed as a contractor by the State of California who the Bidder proposes to specially fabricate and
install any portion of the work or improvement according to detailed drawings contained in the plans
and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or ten
thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of
subcontractor(s) shall be set forth and included as an integral part of the bid offer.
Bidder shall use separate disclosure forms for each Subcontractor or Owner Operator/Lessor of
manpower and equipment that it proposes to use to complete the Work. Additional copies of the
forms must be attached if required to accommodate the Contractor's decision to use more than one
Subcontractor or Owner OperatodLessor. All items of information must be completely filled out.
These forms must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and
correct information may result in rejection of the bid as non-responsive.
Neither the amount, in dollars, of work performed by the Bidder's own forces (as Contractor) nor the
Bidder's overhead and profit for subcontracted items of the work is included to compute the
percentage of the work performed by Subcontractors or Owner Operators/Lessors.
When the Bidder proposes that any bid item will installed by a Subcontractor or Owner
Operator/Lessor the amount, in dollars, of the bid item installed by each Subcontractor or Owner
Operator/ Lessor must be entered under the columns "Amount of Subcontracted Bid Item Including
Subcontractor's Overhead & Profit" or I' Amount of Owner Operator/Lessor Bid Item Including Owner
Operator/Lessor's Overhead & Profit I' unless the dollar amount of all work performed by any
Subcontractor or Owner Operator/Lessor is less than one-half of one percent (0.5%) of the Bidder's
total bid or ten thousand dollars ($10,000) whichever is greater. If a Subcontractor or Owner
Operator/Lessor installs or constructs any portion of a bid item the entire amount of the Contract Unit
Price, less the Bidder's overhead and profit, shall be multiplied by the Quantity of the bid item that the
Subcontractor or Owner Operator/Lessor installs to compute the amount of work so installed.
" e Revised 911 1/00 Contract No. PKS02-04 Page 18 of 83 Pages
-
" Suppliers of materials from sources outside the limits of work are not subcontractors. The value of
&* shall be assigned to the Contractor, the Subcontractor, or the Owner Operator/Lessor, as the case
c may be, that the Bidder proposes as installer of said materials. The value of material incorporated in
- Owner Operator/Lessor installing said item.
materials and transport of materials from sources outside the limits of work, as shown on the plans,
any Subcontractor or Owner Operator/Lessor installed bid item that is supplied by the Bidder shall be
included as a part of the work that the Bidder proposes to be performed by the Subcontractor or
The item number from the "CONTRACTOR'S PROPOSAL" (Bid Sheets) shall be entered in the "Bid
Item No." column.
When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the number must
be entered on the form. If the Subcontractor does not have a valid business license enter "NONE" in
the appropriate space.
Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the
required information. The page number and total number of additional form pages shall be entered in
the location provided on each type of form so duplicated.
" When the Bidder proposes using a subcontractor or owner operator/Lessor to construct or install less than 100 percent of a bid item the Bidder shall attach an explanation sheet to the designation of
subcontractor or designation of Owner OperatodLessor forms as applicable. The explanation sheet
t shall be provided by the Contractor to clearly apprise the Agency of the specific facts that show the
Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces.
,- Determination of the subcontract and Owner OperatodLessor amounts for purposes of award of the - contract shall determined by the City Council in conformance with the provisions of the contract
documents and the Supplemental Provisions. The decision of the City Council shall be final.
7
Revised 911 1/00 Contract No. PKS02-04 Page 19 of 83 Pages
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR’S BID ITEMS
SYNTHETIC TURF SOCCER FIELD INSTALLATION AT
POlNSElTlA PARK AND CONCRETE ACCESS STAIRS INSTALLATION AT
POlNSEITlA PARK AND STAGECOACH PARK
CONTRACT NO. PKS02-04
The Bidder certifies that it has used the sub-bid of the following listed subcontractor in preparing this bid for the Work and that the listed subcontractor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code “Subletting and Subcontracting Fair Practices Act.” The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder’s total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency.
Full Company Name of Subcontractor:
Subcontractor’s Location of Business
Street Address
City State Zip
*Subcontractor’s Telephone Number including Area Code: ( ) -
*Subcontractor’s California State Contractors License No. and Classification:
*Subcontractor‘s Carlsbad Business License No.:
-
SUBCONTRACTOR’S BID ITEMS”
Exdanation: Column 1 - Bid Item No. from the bid proposal, pages 9 through 1 1-, inclusive.
Column 2 - The dollar amount of the item to be performed by the Subcontractor. Column 3 - The dollar amount of the item to be Derformed bv Contractor’s own forces. Column 4 - The dollar amount of the Contracior‘s overhead and profit for work done by both the Contractor‘s and the Subcontractor‘s forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages 9 through1 1, inclusive. - Page of pages of this Subcontractor Designation form
* Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the portions of the information preceded by an asterisk required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the “Notice
Inviting Bids.”
Revised 911 1/00 Contract No. PKS02-04 Page 20 of 83 Pages
.
Subscribed and sworn to (or affirmed) before me 1
OPTIONAL
Though the information in this section is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer($ Other Than Named Above:
Top of thumb here TOD of thumb here
0 1995 National Notary Association 8236 Remmet Ave., P.O. Box 7184 Canoga Park, CA 91309-7184 Prod. No. 5914 Reorder: Call Toll-Free 1-800-876-6827
."
1 FORM OF . AFFlDAVlT
?
."-
/-
. ..-.
DESIGNATION OF OWNER OPERATOWLESSOR AND
AMOUNT OF OWNER" OPERATOWLESSOR WORK
SYNTHETIC TURF SOCCER FIELD INSTALLATION AT
POINSETTIA PARK AND CONCRETE ACCESS STAIRS INSTALLATION AT
POINSETTIA PARK AND STAGECOACH PARK
CONTRACT NO. PKS02-04
The Bidder certifies that it has used the sub-bid of the following listed Owner Operator/Lessor in preparing this bid for the Work and that the listed Owner Operatodiessor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the speckations and section 41 00 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional Owner Operator/Lessor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the Owner Operator/Lessors listed work will be made except upon the prior approval of the Agency.
Full Owner Operator/Lessor Name: Empire & Associates, InC. /SprlntUrf
403 L7est Fifth Ave. ,Suite A Owner Operator/Lessor Location of Business
Street Address
Escondido CA 92025
City State Zip
760 746 1023 'Owner Operator/Lessor Telephone Number including Area Code: -
NONE *Owner Operator/Lessor City of Carlsbad Business License No.:
@ Revised 9/11/00 Contract No. PKS02-04 Page 21 of 83 Pages
. "
""
. "
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
(To Accompany Proposal)
SYNTHETIC TURF SOCCER FIELD INSTALLATION AT POlNSEmA PARK AND CONCRETE ACCESS STAIRS INSTALLATION AT
POlNSElllA PARK AND STAGECOACH PARK
CONTRACT NO. PKS02-04
Copies of the latest Annual Report, audited financial statements or Balance Sheets may be
submitted under separate cover marked CONFIDENTIAL.
SEE ATTACHMENT
/L
I
"
a Revised 911 1/00 Contract No. PKS02-04 Page 22 of 83 Pages
Empire and Associates Inc. / Sprinturf
Specialty Surfaces International
Financial Statements and
Supplementary Information
Ten Months ended October 3 1,200 1
(Confidential Information)
c
SPECIALTY SURFACES INTERNATIONAL, INC. T/A SPRINTURF
FINANCIAL STATEMENTS AND
SUPPLEMENTARY INFORMATION
TEN MONTHS ENDED OCTOBER 31, 2001
TABLE OF CONTENTS .
Page NO.
ACCOUNTANTS' REPQRT..................................e~.-m 1
FINANCIAL STATEMENTS
Balance sheet... ..................................... 2
Statement of Operations ............................ 3
Statement of Retained Earnings ........................ 4
Statement of cash Flows .............................. 5
Notes to Financial Statements......................... 6 - 10
SUPPLEMENTARY INFORMATION
Schedule of. Earnings From Contracts................. 11
schedule of completed Contracts ..................... 12
schedule of Cgntracts in Progress. . . . . . . . . . . . . . . . . . . 13
schedule of Costs of Revenues Earned. ............... 14
schedule of General eh Admini strative Expenses. . . . . .. . 15
..- 6k COMPANP, I@.@. .
Certified Public Accountants
To the Stockholder Specialty Surfaces International, Inc. T/A Sprinturf W. conshohocken , , Pennsylvania .
-J
We have reviewed the accompanyin balance sheet of specialty Syfaces International, Inc. T/A sprinturfi a Pennsylvania 's corporation, as of October 31, 2001 and the re1 ated st;atement of income, changes in stockholder's equity and cash flows for the ten months ended October 31, 2001, in accordance with the Statements on standards for Accounting and Review 'Services issued b the meri can Institute of certified Public Accountants. ' ~ll in r ormation included in these financial statements is the representation of the management of Specialty Surfaces International, Inc. T/A Sprinturf.,
A review consists pri nci a11 of i nqui ries of company personnel and analytical procedures app ';* le dy to financial data. It IS substantially less in scope. than an audit in accordance with generally acce ted - ' auditing standards; the objective of which is the expression o! an opinion regarding the f1 nancial . statements taken .as 8 whole. Accordingly, we do not express such an opinion.
Based on our review, we are not aware of any materi a1 modifications that should be made to the accompanying financial statements in order for them to be in confomi ty. with generally accepted accounting pri nci pl es .
Our review was made for the pur ose of ex ressing limited assurance that there are no material modiAcations t f: at should be made to the financial. statements in order for them to be in conformity with the general 1 y accepted accounti ng principles . TDle i nforeati on 1 ncl uded in the accompanying Schedules I, 11, 1x1, IV, Q V is resented only for supplementary anal si s . purposes. Such information as been subjected to. the i nqui. ry an . analytical procedures applied in the review of the basic"Tinancia1' 'statements, .and. we are not aware of any material modifications' that should be made thereto.
cy t:
.. .
456 Gemantown Pike, P.O. Box 107
Lafayette Hill, PA 19444
www.mcc-cpas.com
(610) 828-1900 F~x (610) 828-2599
SPECIALTY SURFACES INTERNATIONAL I IMC. T/A
SPRINTURF
BALANCE SHEET
OCTOBER 31, 2001
ASSETS
CURRFNT ASSETS
cash (Note 1) J 87,712
Contract Recei'vabl es (Notes 1, 2, 6 3) 916,763
Cost and Estimated Earnings in Excess of
Billings on uncompleted Contracts (Notes 1 Q 4) 155,035
TOTAL CURRENT ASSETS 1,159,510
PROPERTY & EQUIPMEKC (Note 1)
"
Equipment
vehi cl es
Less : Accumul ated Depreciation
NET PROPERTY & EQUIPMENT
OTHER ASSETS
Loan Receivable (Note 11)
Patent, Net of Accumulated Amortization
Of .$ 6,.05;2 (Note 1)
TMAL OTHER ASSETS.
TOTAL ASSETS
64,416
38,038
(26,534)
75,920
88,585
'67,911
156,496
S 1,391,926
.. ..
LIABILITIES AND STOCKHOLDER'S EQUITY
CURRENT LIABILITIES ..
ACCOUntS Payable
Line of credit (Note 5)
Current Portion of Long-Term Debt (Note 6)
Accrued Taxes
Billings in Excess of Costs and 'Estimated Earnings on uncompleted Contracts (Notes 1 Q 4)
TOTAL CURRENT LIABILITIES
/" LONG TERM LIABI - LITIES
Accrued Warranty (Note 12)
Long-Term Debt, Net of Current PortDon (Note 6)
TOTAL LONG-TERM LIABILITIES
STOCKHOLDER'.S EQUrpC
c0rmK)n stock, - $1 par value;
Retai ned Earnings
1, OM shares authorized, issued and outstanding
TMAL STOCKHOLDER.' S EQUITY
TOTAL.LIAB1LITIE.S & STOCKHOLDER'S EQUITV
5 525,291
~00,000
4,959
5,000
216,118
851,368
73,788
.13,564
87,352
1, OOo 452,206
453,206
5 1,391,926.
See accountants' report and notes to financial statements.
-2-
SPECIALTY SURFACES INTERNATIONAL INC. T/A SPRIWRF
STATEMENT OF OPEATIONS
TEN MONTHS ENDED OCTOBER 31, 2001
REVENUES EARNED (Schedule I)
COST OF REVENUES EARNED (schedule I) 2,840,669
GROSS PROFIT 1,673,673
GENERAL et ADMINISTRATIVE EXPENSES (schedule V) 1 , 075 , 714
INCOME FRW OPERATIONS a 597 , 959
OTHER INCWE/(EXPENSE)
INTEqEST INCOME 2 , 235
I INTEREST (19,813)
c (17,578)
NET INCOME J 580,381
see accountants' report and nates,to financial statements.
-3-
c SPECIALTV SURFACES INTERNATIONAL, INC. T/A SPRINTURF
STATEMENT OF RETAINED EARNINGS
TEN MONTHS ENDED OCTOBlER 31, 2001
I Balance at January 1, 2001 (13.)
Net Income I ,580; 381
stockholder Distributions (128,162)
Balance at October 31, 2001 I 452,206
See accountants' report and notes to financial statements.
-4-
I- SPECIALTY SURFACES INTERNATIONAL, IMC. T/A SPRINTURF
STATEMENT OF CASH FLOWS
TEN MONTHS ENDED OCTOBER 31, 2001
CASH FLOWS FROM OPERATING ACTIVITIES
Net Income
Adjustments to reconcile net income to net
cash provided by operating activities
Depreciation ek Amortization
Contract Receivables
Costs and Estimated Earnings in Excess .
Inventory
Accounts Payable
Accrued Warranty
Billings in Excess of Costs and Esti.mated
ASSETS - (Increase)/Decrease
of Billings on uncompleted Contracts
LIABILITIES. - Increase/(Decrease)
Earnings on Uncompleted Contracts
NET CASH PROVIDED BY OPERATING ACTIVITIES
CASH FLOWS FROM INVESTING ACTIVITIES
Increase in Loan Receivable
Purchase of Intangible Asset
Purchase of Property ek Equipment
NET CASH USED IN INVESTING ACTIVITIES
CASH FLOWS FROM FINANCING ACTIVITIES
Stockholder Distributions
RepayffIent of.' LOng-TWm Debt
WET CASH USED BY FINANCING ACITVITIES
. .. I
MET 'IMCREASE IN CASH
CASH AND CASH EQUIVALENTS AS OF JANUARY 1, 2001
CASH AND CASH EQUIVALENTS 6 OF OCTOBER 31, 2001 -
f 580,381
f 20,499
(678,768)
(155,036)
108,440
460,491 ,
73,788
(uo,5ooj
(291,086)
289,295
(88., 586)
(23,963)
(20,000)
(132,549)
(128,162)
(3,829)
(131 I 9911
24,755
62 I 957
f 87,712
SUPPmFHT AL DISCLOSU RE OF CASH FLOW IN FORMATION
cash paid for interest during the period January 1, 2001 to
October .31, ' 2001, was $19,813. '
See accountants' report and notes to. the financial statements.
-5-
,- SPECIALTY SURFACES INTERNATIONAL, IMC. T/A SPRIWRF .
NOTES TO FINANCIAL STATEMENTS
1 - SURWARY OF SIGNIFICANT ACCCRINTING POLICIES
Nature of the Business
Specia!ty Surfaces International , Inc. T/A sprinturf (the ggCompany”) cuinnenced Operations on April 14, 2000 as a specialty surfaces conTractor. The work is performed under Fixed-price contracts @os$ length 1 s ty 1 call less than one year. The Company’s business activity 1s *WI th cuspners QJ ocate throughout the united States and Canada, and conducts its operations from its offices located in west conshohocken, Pennsylvania.
use of Estimates
. The preparation of financial statements in conformity with general 1 y accepted accounting principles requi res management to make estimates and assumptions that affect the reported amounts of assets and liahli ties and disclosure of contingent assets and 1 iabi li ti es at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates.
cash and cash Eauivalents
For the purpose of reporting cash flows, the Company considers cash in operatjng bank accounts, cash on hand, dennand deposits, and highly liquid debt instruments purchased with maturity of three months or less as cash and cash
Allowance for Doubtful Amounts
The Company considers contract Receivables to be full y col lecfi ble a? of October 31, 2001. According1 no allowance for doubtful amount? 1 s rqu1 red. If amounts become uncol lectigie, they wi 11 be charged to operations when ..that detenni nation i s made.
r equivalents . .
ProDertY & EauiDment
Property & Equipment is stated at cost. Depreciation is corn uted on the straight-Tine mpthod over the estimated us.efu1 lives .of the re Q ated assets. Total deprecq at1 on related to Property & Equi pent for the period from January 1, 2001 to October 31, 2001, was $ 16,391.
Intanai bl e Asset
The cost of a purchased atent. is being amortized over its estimated useful life using the straight- 7 ine method. Total Amortization Expense charged to 0peration.s for the period from January 1, 2001 to October 31, 2001 was $4,108.
-6-
- SPECIALTY SURFACES INTERNATIONAL, INC. T/A SPRINTURF
NOTES TO FINANCIAL STATEMENTS
NUE 1 - SWRY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)
Revenue Recwni ti on
The Company reco ni zes revenues .from its construction contracts on the percentage-of-completion method, measured by the percentage of costs ipcurred to date to estimated total cost for each contract. That method 1s used because management considers total cost to be the best available meaqure of progress on the contracts. Because of inherent uncertainties in estlmati ng costs, it is at least reasonably possible that the estimates used will change within the. near term.
Contract costs include all direct material, labor costs, subcontractor costs and those indirect costs related to contract performance .such as indirect labor I supplies, tools, repairs, and depreciation. seljing, general., and admi n1 strative costs are expensed as incurred. Provl sions for estimated losses on uncompleted contracts are made In the eriod iq which such losses are determined. changes in job performance, Jog conditions, and estimated profitability may result in revisions to costs and 1 ncome, which are recognized .in the period in which the revisions are determined. changes in estimated Job profitability resultjng ,from job performance, job conditions, contract penalty . provisions, claims, change orders, and settlements are accounted for as changes in estimates in the current period.
The asset, “Costs in Excess of si lli ngs B Estimated Earnings in Excess of
of amounts billed. The liability, “si f ’lings in excess of costs and estimated earnings , on uncompleted contracts, ” represents billings in excess of revenues recogm zed.
Advertising
The Comqany expenses the cost of advertising an! marketin as incurred. Advertising and Market1 ng costs charged to operations for t 1 e period from January 1, 2001 to October 31, 2001 amounted to S 70,719.
Surety mds
“ Billings on Uncompleted Contracts, ” re resents revenues recognized in excess
?e Company,’ as condition for enterin into some of its construstion contracts, is required to- obtain surety bonds. 4 ese bonds are collateralized by contract receivables ’ and the personal guarantee of the Company’s stockholder. As of October 31, 2001, outstanding surety bonds totaled SSS1,OOO.
Income Taxes
The Company, w-ith the consent of its stockholder, has elected to’ be treated as an “S” corporation under e)<i sti ng federal regulations. Accord1 ngly , the Company does not pay federal corpdrate i ncOme taxes on its taxable income. Instead, the Stockholder is !,Fable for federal income taxes on the company’s taxable income.
-7-
P SPECIALTY SURFACES INTERNATIONAL, INC. T/A SPRIMTURF
' NOTES TO FINANCIAL STATEMENTS
NOTE 2. - CWCENTRATIONS OF CREDIT RISK
At october 31, 2001 approximately S 560,000 (62%) of the Company's total . Contact Receivables was related to four contracts.
NOTE 3 - CONTRACT RECEIVABLES
Contract Receivables consisted of the following as of September 30, 2001:
Billed
Completed Contracts Contracts in Progress -. Retai nage
Less: A1lowance for Wubtful Amounts
f 200,000 681,763 35.ooo
916,763 -
NOTE 4 - COSTS, BILLINGS, AND ESTIMATED EARNINGS ON UNCOMPLETED CONlRA&S
Costs billings and estimated earnings on uncompleted contracts are sumnarized as foilows as 04 October 31, 2001:
Costs incurred on uncompleted contracts Estimated Earnings
Billings to date .
B 2,004,451 '1.222.906 3,227,357 3,288,444
f-
Included in the accompanying balance sheet as follows:
. Costs and estimated earnings in excess of billings S 155,035 Billings in excess of costs and estimated earn1 ngs . (216.1181
' NOTE 5 - LINE .OF CREDIT'AND SUBSEQUENT EVENT
The Com any has a line of credit with a bank whereby it may brrow up to Sl00,d for the purpose of short-term financing its operations, a+ an interest rate of 2% above the, bank's prime rate. ' The line, which is secured by all the assets. of the Company, and is uaranteed by the stockholder, matures April 30, 2,002. AS of October' .. 31, 2001, 9 100,OoQ) was outstanding on the line.
.c -8-
* SPECIALTY SURFACES INTERNATIONAL, INC. T/A SPRIWURF
NOTES TO FINANCIAL STATEMENTS
NOTE 6 - LONG-TERM DEBT
LOng-Tem Debt consisted of the following as of October 31, 2001:
Note payable to a bank, in monthly installments of $527, including interest at
The following is a schedule of future principle payments at October 31, 2001:
' 8.35%. The note matures March 2005 and is secured by a vehicle.
Year Endin October 41.. Amount 2002 'S 4,959 2003 5,389 2004 5,857 2005 2.318
NOTE 7 - RELATED PARTY TRANSACTIONS
The Company leases its office space fri its stockholder on a werbal I month-to- month lease. Total rental expense included in operations for the perlodl January 1, 2001 to Ottober 31, 2001, was $183,500.
.- NOTE 8 - MAJOR CUSTOMERS
The Company had two major customers during the period January 1, 2001 eo October 31, 2001, that comprised approximately 50% of total revenues earned.
9 - MAJOR SUPPLIER
During the period January 1, 2001 to October 31, 2001, the Corn any purchased substantially all of its specialty surface material from one supp Q ier.
NOTE 10 - BACKLOG
Backlog re resents the amount ' of revenue .the company expects to realize from work to g e performed on uncompleted contracts at year-@nd. Backlog is sumnarized at. October 31, 2001, as follows:
. . Total ' approved, contract amounts for uncompleted contracts $ 3,712,767
Less:' Contract revenue earned on uncompleted contracts 3.227.357
Backlog. Balance sdl&idiu
In addition, .the company has entered into additional contracts totalin a proximately, $. 1,103,000 between ~ovember 1, 2001 and mvem$er 26,2001, o 4: Jlch work had not. yq 'comnced.
-9-
c SPECIALTY SURFACES INTERNATIONAL, INC. T/A SPRINTURF
NOTES TO FINANCIAL STATEMENTS
WE 11 - LOAN RECEIVABLE
Loan receivable resulted’ from the Company providing financing to a customer, The original loan was for $100,000, and the repayment terms are monthly payments of $2,250, for 60 months, at 12.5%. The balance owed to Sprinturf at October 31,2001 is $88,585.
NOTE 12 - ACCRUED WARRANTY
The accrued warranty resulted from manageknts’ estimates on warranty work to in the future on turf installations. The Company guarantees the to eight years. The company will only have the cost of the labor ng the repai red turf. The company’s vendor will supply re laced turf for no extra charge. Management estimates that accrued warranty wor R will be approximately 2% of sales.
- 10 -
schedule I
SPECIALTY SURFACES INTERNATIONAL, INC. T/A. SPUNTURF
SCHEDULE OF EARNINGS FROM CONTRACTS
TEN MONTHS ENDED OCTOBER 31, 2001
.. COST OF
REVENUES REVENUES GROSS
EARNED EAREQ ,PROFIT
CONTRACTS COHPLETU) WRING THE PERIOD
JANUARY 1, 2001 TO OCrOBER 31, ,2001 S 1,484,806 S 993,831 $ 490,975
CONTRACl5 IN 'PROGRESS AT OCTOBER 31, 2do1 3,029,536 3,846,838 1,182,698
$ 4,514,342 S 2,840,669 d 1,673,673
~~
See accountants' report.
- 11 -
schedule 11
SPECIALTY SURFACES INTERMATIOWL, IMC. T/A SPRIPllTURF
L SCHEDULE OF COMPLETED CONTRACTS
PROJECT
COST OF
REVENUES ' REVENUES
GROSS
PROm NAME EARNED EARNED (LOSS) '
S 65,672 Turco , s 100,000 s 34,328 City of Taylor 120,000 69,332 50 ; 668 Ursul i ne Academy 175,000 82,059 92,941 Jobs Less then ,100k 1,089,806 808,112 281,694
$ 1,484,806 $ 993,831 f 490,975
see accountants ' repro.
- 12 -
,-
schedule IV
SPECIALTY SURFACES INTERNATIONAL, INC. T/A SPRI~RF
SCHEDULE OF COST OF REVENUES EARNEQ
TEN MONTHS ENDED OCTOBER 31, 2001
mteri a1 s
Labor
subcontract Labor'
Depreciation (Note 1)
Equi pent Rental
Surety Bonds
Travel and Related Expenses
Frieght .. '
Other
0 1,308 I 092
316;938
727,990
13 I 742
135 I 983
31,424
147,042
43 I 282 ll6',176
0 2 I 840,669
See accountants' report and notes po financial statements.
- 14 -
Schedule v
c
SPECIALN SURFACES INTERNATIONAL, INC. T/A SPRIWRF
SCHEDULE OF GENERAL 6( ADMINISTRATIVE EXPENSES
TEN MONTHS ENDED OCTOBER 31, 2001
Advertising & Marketing (Note 1) f
Amortization (h Depreciation (Note 1)
Automobi 1 e
Bank Service Fee
Consul ti ng
Insurance ..
Leased uppl oyees
office suppl ie.s Ck wstage
Professional Fees
RecrUi ti ng
Rent (Note 7)
Repai rs Ck Maintenance
supplies
Telephone
utilities
Warranty
70 , 719
6,757
5,139
2., 086
88,140
49 , 141
308 , 214
71,698
31,164 183,500 U, 751
66 , 277
47 , 422
6 ;783
52 , 135
73 , 788
s' 1,075,714
See accountants report and ndtes to financial statements. - 15 -
BIDDER'S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
SYNTHETIC TURF SOCCER FIELD INSTALLATION AT
POlNSElTlA PARK AND CONCRETE ACCESS STAIRS INSTALLATION AT
POINSETTIA PARK AND STAGECOACH PARK
CONTRACT NO. PKS02-04
The Bidder is required to state what work of a similar character to that included in the proposed
Contract he/she has successfully performed and give references, with telephone numbers, which will
enable the City to judge hidher responsibility, experience and skill. An attachment can be used.
"
"
.. .
"
No. of Person
c I I I I
Q Revised 911 1/00 Contract No. PKS02-04 Page 23 of 83 Pages
10 Balligomingo Road
Conshohocken, PA 19428
Phone: (610) 828-6500
httD://www.sDrinturf.com
Fax: (610) 828-7925
Sprinturf Biography
The principles of Sprinturfhave spent the past 35 years in the sport facilities
construction business. From tennis and basketball courts to running track swfaces
and synthetic turf, Sprinturf's vertically integrated company design has won rave
reviews from customers all over North America.
In the 19703, the first infill turf systems began replacing the old-style, carpet like
"Astroturf" which was introduced to the world in 1966. By the 1980's, however, the
principles of Sprinturf had helped to pioneer a new style of infill. Moving away from
all-sand infill, the company began mixing rubber with its sand to help provide a safer,
softer field.
In 1996, Sprinturfengineered and developed the first all-rubber infill system in the
United States, sending the synthetic turf industry into the next generation of infilled
turf. When it Sprinturfwas awarded a United States patent in 1998 for its
revolutionary system, it had already set the new standard for excellence in turf.
Although its patented design became the industry high-mark in the late 1990's, it has
not been until very recently that Sprinturf's competitors have been forced to begin
offering all-rubber systems to meet the demand created by the revolutionary Sprinturf
design.
Though no one can tell for certain where or when the next breakthrough in artificial
turf will occur, it is more than reasonable to assume that Sprinturf will be at the
cutting edge of innovation as it has consistently been over the past two decades.
Key Personnel for Empire & Associates, Inc./Sprinturf
and Specialty Surfaces International
Henrv Julicher
Henry Julicher has been in the sports construction business for over thirty years
serving a broad range of clients. Additionally, he has a wealth of experience in
the development of surfacing materials. He has served in the following
capacities in the development process: designer, consultant, developer,
construction manager, general contractor, sub-contractor and material
manufacturer and supplier.
He has been instrumental in the development of new flooring and wall surfaces
and led the industry in patented and registered products such as Lenn-IceTM
(synthetic ice surface), SprinturFM (synthetic rubber infill turf), Cushion
CourtTM (rubberized tennis surface), CourTurfTM (synthetic grass, sand-filled
tennis surface), ElasticCushionTM (rubberized multi-purpose playing surface),
SafTurFM (playground safety surface), Cushion-StrideTM (track surface),
SportcortTM (multi-purpose athletic court) and SportboardsTM (portable or
permanent board system - hockey, soccer and lacrosse).
Since 1968, Mr. Julicher has been an innovator in broad-spectrum design and
consultation, construction methodologies and specifications for sports facilities.
Part of the consultation process has been to complete feasibility
recommendations for facility development.
He provides the leadership for his companies to continue to develop new
products and to install first class sports facilities worldwide.
Bruce Cheskin
Since 1986, Bruce Cheskin has been a key player in the sports construction
industry. Bruce has a strong background in construction management, and has
earned a reputation for completing jobs on time and within budget. Bruce
strives for complete owner satisfaction, and has implemented a detailed after-
care customer service program. In the past 16 years as a principle in Specialty
Surfaces International, Inc. Bruce has been responsible for the installation of
over 2.5 million square feet of synthetic turf as well as several thousand tennis
courts, running tracks and multi-use sports floors.
rc
rc
Bob Daugherty graduated from Georgetown College, Georgetown, Kentucky
and brings a unique combination of finance, earthwork, logistics, design and
installation expertise to our clients. A veteran of over 100 synthetic turf
installations from Maine to Florida, Mr. Daugherty has been an innovator in
design and construction methods and specifications for synthetic turf surfaces.
In addition to site supervision, a part of his responsibility is to complete
feasibility recommendations for developments ranging from golf putting greens
to football fields to entire golf courses. He contributed stability and innovative
thinking leadership for this company to continue to develop new products,
procedures and to install first class sports facilities worldwide.
Chris Daniluk
Chris Daniluk has been with Sprinturf since he began an internship with the
company in December of 1997. While attending Ursinus College, Chris was a
dean’s list student, as well as a member of the baseball and soccer teams, with
the latter achieving All-American status. After completing his internship during
his final semester, Chris joined the Sprinturf team full time. He started off
utilizing his knowledge obtained from his BA in Business, Economics, and
Accounting Research by handling the marketing, contracting and basic
operations of the company. As the company has grown, so have Chris’s
responsibilities. He has had his hand in all aspects of the company procedures
from sales through construction. His ability to handle various tasks successfully
has made him a valuable member of the Sprinturf team.
James Shanahan
Jim Shanahan received his BA in Economics from Dickinson College in 1994,and
went to work for Shanahan’s Express, an LTL trucking company that served the
Mid-Atlantic States. During his five years at Shanahan’s, he worked in a variety
of positions from sales representative to operations manager, eventually being
promoted to sales manager. In 1999, the company closed due to the inability to
negotiate a workable contract with teamsters union. Jim then was hired to run
East Penn Warehousing, a small trucking and warehousing business. During the
years he was in charge of the day-to-day operations, East Penn doubled its
revenue while increasing margins from 5% to 11 %. Jim, as a former collegiate
athlete, wanted to get into a business in which he could deal directly with
customers in the athletic community. His research led him to Sprinturf for two
reasons - the durability and safety of the product. He believed Sprinturf
dominated the competition in both these categories and believed the product
c
would not be hard to sell. He was hired as Sales Manager in July 2001 and has
since formed a sales group to grow the business throughout the United States.
David R. Willis
Mr. Willis began his career as a developer in Colorado. In 1990, he co-
founded Empire & Associates, Inc., a general construction/development
company. The firm has been active in all phases of private and public design,
construction and development of projects that include custom homes, multi-
family housing projects, single-family subdivisions, commercial shopping
centers, commercial recreation facilities (cinema complexes, amusement parks
and marinas), school facilities, port facilities, community parks, sports
complexes, and university special-use classrooms. In addition, Mr. Willis has
served as a consultant to numerous private and public agencies in the planning,
design, development and operation of sports facilities and organizations at the
regional, state and national level.
Mr. Scott began his career in sports venue management when he became
the Facilities Director for the Penasquitos Youth Soccer Association in 1986.
During that time he also served nine years on the City of San Diego Park and
Recreation Council for the community of Rancho Penasquitos. In 1993, he was
hired as both an instructor and MS athletic director at Francis Parker School in
San Diego, CA. In 2000 Mr. Scott was asked to join the Board of Directors of the
San Diego Soccer Development Corporation to head up venue development for
their four (4) professional soccer franchises operated in California. Mr. Scott
has extensive involvement in youth and adult participation sports at the local,
regional and national level as a coach, official, event director and administrator.
,
- - BIDDER'S CERTIFICATE OF INSURANCE FOR
GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE
LIABILITY AND WORKERS' COMPENSATION -
(To Accompany Proposal)
- SYNTHETIC TURF SOCCER FIELD INSTALLATION AT
POlNSElTlA PARK AND CONCRETE ACCESS STAIRS INSTALLATION AT
POlNSElTlA PARK AND STAGECOACH PARK
CONTRACT NO. PKS02-04
As a required part of the Bidder's proposal the Bidder must attach either of the following to this page.
1) Certificates of insurance showing conformance with the requirements herein for each of:
Comprehensive General Liability
Automobile Liability - Workers Compensation
Employer's Liability
c
2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for
Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's
Liability in conformance with the requirements herein and Certificates of insurance to the Agency
showing conformance with the requirements herein.
c
-
All certificates of insurance and statements of willingness to issue insurance for auto policies offered
to meet the specification of this contract must:
1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public
Works Construction and the Supplemental Provisions for this project for each insurance
company that the Contractor proposes.
2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned,
non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate
must state the coverage is for "any auto" and cannot be limited in any manner.
Revised 911 1 IO0 Contract No. PKS02-04 Page 24 of 83 Pages
1 obCnPr~~F~~L#;zrl(ow~lasrarcwelare~eL.~r~--
Certificate Holdar is named @%'additional insured
Project: Install Soccer Field and Upgrade Tennis Facility '
Poinsettia & Stagecoach Parks
Project No- YKsO2-04
P 'd IlOl'oN
Jan.28. 1996 Y:U3PM
AddPr: , - 510 Texnmhip Line Rd, Ste. 120
ciry/ stwzip: Blue Bell, PA 19422 -
Dace:
Prajecr Name:
January 16, 2003
ma of tnsuranre: General Liability
t Insurance CglTICI: Assurance Ccmpany sf Americwch Insurance)
Name of Contactz Deborah Foese
AddYwr
Date:
Baltimqre, MD
September 19, 200.2
i
Reason far Refurl: Class of Busines.8 I
Irrswvrce cad= Cemmcrcial mien Insurance Ce.
Name of Contact: Rebert Smith
AddrtJa: Lehigh Valley, PA
Date: .september 17, 2002
-
Jan428. 1996 !:03PM
4, ,
Ensurnnee Gmiex St. Paul Fire & Marine -
Nme of Conram Barbara Tysen
r
MhS: Blue- Bell, PA 19422
Dace: September 17, 2062 -
Name of 5urpluo Linc caniur! ' Admiral Insurance
Mha: P.O. Bex 5725 -
I\
CXW/StWZip; Cherry Hill, NJ 08034
Address to cffcct Service of Prows within the State of Cdifomh
1010 Second Avenue, Suite 1820
city/stats/zip; San Diego, CA 92101
Signed:
POLICY NUMBER: COMMERCIAL GmERAL UABILIlY CG ZO 12 07 98
c
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - STATE OR POLITICAL SUBDIVISIONS - PERVITS
.u/
This endomoment madifles Insuram ptovidad under the fdlowing:
COMMERCIAL GENERAL LlABlLUY COVERAGE PART
SCHEDULE
(If no dmby appeaf8 above, inbmratbn .requid to complete this endorsement will be shown in the Dectar;sUOnS as applicable to this endorsement)
- Sectlon R - Who k An hursd is emended to indude as an insured any state or political a"- sion &own In the Schedule, subject to the following
3. This inswlrrce appka only with respect to op- erations performed by you or on ywr behalf for which the stste or pahtlcal subdivision has issued a permit.
x -1 provisiins:
2. This insurance does not apply to:
a. 'Bodily injury," "propofty damage" or "perswlal and advertising injury" arising out of opera- tlms perfMmed br the state or municipaw; or
b. ''Bodii injury" or "property damage" Cnduded wtthi the "produckcompleted operations hazard".
- From: Erin Letsch
To: Kevin Davis
Date: 1 /21/03 3:03PM
Subject: Re: Latest Insurance Submission form Empire & Associates
Hi Kevin,
2 thoughts: I would require evidence that the excess coverage includes the workers' compensation. Second, it doesn't surprise me that the excess coverage is from a nonadmitted carrier. In today's tough market that is very common. In fact, with the City Council's approval, the City's coverage has been placed similarly. So, knowing that the rating is acceptable I would accept the coverage from this carrier.
Erin
>> Kevin Davis 01/21/03 01 :36PM >>> I received a faxed certificate of insurance from this contractor today. (As a reminder, this is the contractor for the "synthetic turf" project who has been giving us a little difficulty.)
The certificate I received has a company affording worker's compensation insurance that is Best's rated B++ and is an admitted carrier. Also, there is only a $500,000 limit. The insurance broker says that the
$5 million excess liability insurance with another carrier should cover this. The company affording the excess liability insurance is rated properly but is not an admitted carrier. Before I call the contractor, would you please give me your opinion on the acceptability of this worker's compensation insurance?
Thanks for your help.
F - Kevin x2466
cc: Doug Duncanson; Lex Smuts
UJJFIN. 21.2003L2:lZ: 38PM?bf2CPECIRLLY SURFACES WBLIN HALL BROKERS N0.984 P. ZGE 01/01
Dublin Hall Blrokers, Inc.
510 Township Lihe Road, Suite 120
Blue Bell, PA 19422
Phone: (267) 2894077 Fax: (267) 289-0091
Jarruary 21,2003
Coverage General Liabm Umbrella Total Limits
EaChOccuzrenCe %1,000,000 $~000,000 $3,000,000
Assrcgak $2,000,000 $5,000,000 $7,000,000
Coverage WC Limit Umbrella Total Lirpits Each Accidcnt $500,000 $2,000,000 %2,500,000
G!n!!mw Umbrella Tab1 Limits C-singleLirair %1,000,000 2,000,000 %3,000,000
T trust that eve- is in order, but if you have any questions, please do not kitate to contact mc.
FJWsdc
BIDDER'S STATEMENT RE DEBARMENT
(To Accompany Proposal)
SYNTHETIC TURF SOCCER FIELD INSTALLATION AT
POINSElTIA PARK AND CONCRETE ACCESS STAIRS INSTALLATION AT
POlNSElTlA PARK AND STAGECOACH PARK
CONTRACT NO. PKS02-04
1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California?
X
no
2) If yes, what wadwere the name(s) of the agency(ies) and what wadwere the period@) of
debarment(s)? Attach additional copies of this page to accommodate more than two debar-
ments.
party debarred party debarred
/I agency agency
period of debarment period of debarment
BY CONTRACTOR:
Empire & Associates, Inc.
n &ame of Contractor)
By:
(sign here)
Henry A. Julicher, President/CEO
(print namehitle)
Page ~
1 of pages of this Re Debarment form
Revised 911 1/00 Contract No. PKS02-04 Page 25 of 83 Pages
/-
BIDDER'S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
SYNTHETIC TURF SOCCER FIELD INSTALLATION AT
POlNSElTlA PARK AND CONCRETE ACCESS STAIRS INSTALLATION AT
POlNSE'ITlA PARK AND STAGECOACH PARK
CONTRACT NO. PKS02-04
Contractors are required by law to be licensed and regulated by the Contractors' State License Board
which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a
latent act or omission pertaining to structural defects must be filed within 10 years of the date of the
alleged violation. Any questions concerning a contractor may be referred to the Registrar,
Contractors' State License board, P.O. Box 26000, Sacramento, California 95826.
1) Have you ever had your contractor's license suspended or revoked by the California Contractors'
State license Board two or more times within an eight year period?
X
no
2) Has the suspension or revocation of your contractors license ever been stayed?
X
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?
..
" Fx
Yes no
4) Has the suspension or revocation of the license of any subcontractor's that you propose to
perform any portion of the!Nork ever been stayed? & A
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.
F
(If needed attach additional sheets to provide full disclosure.)
1 Page of pages of this Disclosure of Discipline form
@ Revised 911 1/00 Contract No. PKS02-04 Page 26 of 83 Pages
BIDDER'S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED)
(To Accompany Proposal)
SYNTHETIC TURF SOCCER FIELD INSTALLATION AT
POlNSElTlA PARK AND CONCRETE ACCESS STAIRS INSTALLATION AT
POINSETTIA PARK AND STAGECOACH PARK
CONTRACT NO. PKS02-04
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.
N/A
(If needed attach additional sheets to provide full disclosure.)
BY CONTRACTOR:
Empire & Associates, Inc.
(name of Contractor)
By: v (sign here)
Henry A. Julicher, President/CEO
(print namehitle)
Page 2 of 2 pages of this Disclosure of Discipline form
@ Revised 9/11/00 Contract No. PKS02-04 Page 27 of 83 Pages
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
SYNTHETIC TURF SOCCER FIELD INSTALLATION AT
POINSETTIA PARK AND CONCRETE ACCESS STAIRS INSTALLATION AT
POINSETTIA PARK AND STAGECOACH PARK
CONTRACT NO. PKS02-04
State of California 1
) ss.
San Diego
Henry A. Julicher , being first duly sworn, deposes (Name of Bidder)
and says that he or she is President/CEO (Title)
of Empire & Associates, Inc.
(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 agteement,
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 f regoing is true and correct and that this affidavit was
executed on the I day of d!b o 3 I>\a - ,20 0,
h\
Signaturkhf Bidder ~-
Subscribed and sworn to before me on the tiw day of &,cf?hlhet/ 9 20&.
(NOTARY SEAL)
MARINA FIELD commlnlon # 1270407
SignaYture of Notary ”
Contract No. PKS02-04 Page 28 of 83 Pages
CONTRACT
PUBLIC WORKS
This agreement is made this 3 CD day of rfihJufIpf , 20 0 3 , by and
between the City of Carlsbad, California, a municipal corporation, (herdinafter called "City"),
and Empire & Associates, Inc. whose principal place of business is
462 Stevens Avenue, Suite 308, Solana Beach, California9207~hereinafter
called "Contractor").
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contract documents
for:
SYNTHETIC TURF SOCCER FIELD INSTALLATION AT
POINSETTIA PARK AND CONCRETE ACCESS STAIRS INSTALLATION AT
POlNSElTlA PARK AND STAGECOACH PARK
CONTRACT NO. PKS02-04
(hereinafter called "project")
2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools,
equipment, and personnel to perform the work specified by the Contract Documents.
r
3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids,
Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience,
Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and
Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and
Supplemental Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are
incorporated herein by this reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as
indicated, specified, and implied by the Contract Documents. Any items of work not indicated or
specified, but which are essential to the completion of the work, shall be provided at the Contractor's
expense city Will be to he fulfill ~i~nt~e~rpreter~~of~t~he the intent of said intent of^ documents. the~~~o~ntract"Doc~um~en~ts~~~an~dthe~~s~d~c~~on~re~at~v.e~ In all instances through the life of the Contract, the .t.o
said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials
suppliers of this condition of the Contract will not relieve responsibility of compliance.
4. Payment. For all compensation for Contractor's performance of work under this Contract, City
shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for
Public Works Construction (SSPWC) 2000 Edition, hereinafter designated "SSPWC", as issued by
the Southern California Chapter of the American Public Works Association, and as amended by the
Supplemental Provisions section of this contract. The Engineer will close the estimate of work
completed for progress payments on the last working day of each month.
/"
@ Revised 9/11 /00 Contract No. PKS02-04 Page 29 of 83 Pages
" =-c. 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
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
- done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any
" conditions and has not relied on information furnished by City.
6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging
trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any:
A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 251 17 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law.
B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated.
C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual
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
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.
c nature, different materially from those ordinarily encountered and generally recognized as inherent in
-
- described in this contract.
c
- 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to
copies of all applicable prevailing wages on the job site.
- California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post
- 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of
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
I for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method.
- Contractor to comply with any applicable law, rules or regulations including those relating to safety
c
-
Revised 9/11/00 Contract No. PKS02-04 Page 30 of 83 Pages
Contractor shall also defend and indemnify the City against any challenges to the award of the
contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense
costs include the cost of separate counsel for City, if City requests separate counsel.
Contractor shall also defend and indemnify the City against any challenges to the award of the
contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by
the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense
costs for the City. Defense costs include the cost of separate counsel for City, if City requests
separate counsel.
10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, his or her agents, representatives,
employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in Resolution No. 91 -403.
(A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits
indicted herein:
I a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per
7 officers or employees are additional insured.
occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate
aggregate in the amounts specified shall be established for the risks for which the City or its agents,
b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for
bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the
performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether
scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any
auto" and cannot be limited in any manner.
c
c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits
as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000
per incident. Workers' compensation offered by the State Compensation Insurance Fund is
acceptable to the City.
(B) Additional Provisions. Contractor shall ensure that the policies of insurance required under
this agreement with the exception of Workers' Compensation and Business Automobile Liability
Insurance contain, or are endorsed to contain, the following provisions.
7 a. The City, its officials, employees and volunteers are to be covered as additional insured as
respects: liability arising out of activities performed by or on behalf of the Contractor; products and
completed operations of the contractor; premises owned, leased, hired or borrowed by the
contractor. The coverage shall contain no special limitations on the scope of protection afforded to
the City, its officials, employees or volunteers. All additional insured endorsements must be
evidenced using separate documents attached to the certificate of insurance; one for each company
-
- affording general liability, and employers' liability coverage.
b. The Contractor's insurance coverage shall be primary insurance as respects the City, its
officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it.
-
- c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided
to the City, its officials, employees or volunteers. - a Revised 9/11/00 Contract No. PKS02-04 Page 31 of 03 Pages
-_
7 d. Coverage shall state that the contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
I liability.
(C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to
or limits except after thirty (30) days' prior written notice has been given to the City by certified mail, return receipt requested.
- state that coverage shall not be non-renewed, suspended, voided, canceled, or reduced in coverage
(D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured
retention levels must be declared to and approved by the City. At the option of the City, either: the
insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the
City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of
losses and related investigation, claim administration and defense expenses.
(E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its
officials or employees.
(F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or
shall furnish separate certificates and endorsements for each subcontractor. Coverages for
-
- subcontractors shall be subject to all of the requirements stated herein.
c (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 the City with certificates of insurance and
original endorsements affecting coverage required by this clause. The certificates and
bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the
City and are to be received and approved by the City before the Contract is executed by the City.
(I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included
in the Contractor's bid.
-
rc
- endorsements for each insurance policy are to be signed by a person authorized by that insurer to
-
c 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in
accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5
(commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is
included in the Supplemental Provisions I section. The contractor shall initially submit all claims over
$375,000 to the City using the informal dispute resolution process described in Public Contract Code
subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all
Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit
for breach of this agreement.
(A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City
must be asserted as part of the contract process as set forth in this agreement and not in anticipation
-
L.. claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California
c -
c of litigation or in conjunction with litigation.
t"s Revised 911 1/00 Contract No. PKS02-04 Page 32 of 83 Pages
-
I (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution.
- (C) Government Code. Contractor acknowledges that California Government Code sections
- the false information or in reckless disregard of the truth or falsity of the information.
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
(D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False
Claims Act, it is entitled to recover its litigation costs, including attorney’s fees.
(E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim
may subject the Contractor to an administrative debarment proceeding wherein the Contractor may
be prevented from further bidding on public contracts for a period of up to five years.
(F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025,
3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
(G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by - another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontrator
from participating in future contract bidding.
- (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this
- I have read and understand all provisions of Section 11 above.
California.
12. Maintenance of Records. Contractor shall maintain and make available at no cost to the
City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1,
Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor’s
principal place of business as specified above, Contractor shall so inform the City by certified
letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of
any change of address of such records.
13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720
of the Labor Code are incorporated herein by reference.
14. Security. Securities in the form of cash, cashier’s check, or certified check may be substituted
for any monies withheld by the City to secure performance of this contract for any obligation
established by this contract. Any other security that is mutually agreed to by the Contractor and - the City may be substituted for monies withheld to ensure performance under this Contract.
15. Provisions Required by Law Deemed Inserted. Each and every provision of law and - clause required by law to be inserted in this Contract shall be deemed to be inserted herein and
included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not
correctly inserted, then upon application of either party, the Contract shall forthwith be physically
amended to make such insertion or correction.
c
Revised 911 1/00 Contract No. PKS02-04 Page 33 of 83 Pages
16. Additional Provisions. Any additional provisions of this agreement are set forth in the - "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
A'ITACHED
(CORPORATE SEAL)
CONTRACTOR:
Empire & Associates, Inc. ." name of Contractor)
By: Q (sign here)
t Henry A. Julicher, President/CEO
(print name and title)
Bruce S. Cheskin, Secretary
(print name and title)
,F 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:
Deputy City Attorney
@ Revised 911 1/00 Contract No. PKS02-04
c. C E
8 3
I
Q, > 0
..
z
5
U Q)
z
Bond No. PAIFSU 0354929
LABOR AND MATERIALS BOND
r' WHEREAS, the City Council of the Ci of Carlsbad, State of California, by Resolution No. 2002-21 5 , adopted July 1 3, 2002 , has awarded to
Empire & Associates, Inc.
(hereinafter designated as the "Principal"), a Contract for:
SYNTHETIC TURF SOCCER FIELD INSTALLATION AT
POINSElTlA PARK AND CONCRETE ACCESS STAIRS INSTALLATION AT
POINSElTIA PARK AND STAGECOACH PARK
CONTRACT NO. PKS02-04
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, Empire & Associates, Inc I - as Principal, (hereinafter designated as the "Contractor"), and International Fidelity Insurance co.
as Surety, are held firmly bound unto the City of Carlsbad in the sum of SEVEN HUNDRED
TWENTY THREE THOUSAND NINE HUNDRED SEVENTY AND oo/oo- Dollars
($ 723,970.00 ), said sum being an amount equal to:
One hundred percent (100%) of the total estimated amount payable under said contract by the City
of Carlsbad under the terms of the contract when the total amount payable does not exceed five
million dollars ($5,000,000) or,
Fifty percent (50%) of the total estimated amount payable under said contract by the City of Carlsbad
under the terms of the contract when the total amount payable is not less than five million dollars
($5,000,000) and does not exceed ten million dollars ($1 0,000,000) or,
Twenty-five percent (25%) of the total estimated amount payable under said contract by the City of
Carlsbad under the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000) and for which payment well and truly to be made we bind ourselves, our heirs, executors and
administra~o.rs,~su_cc~ssars,.or_assjgn~~~ojntly~ands.e~e~ally,firmly.b_y_tb~~apcesents.~.~~~~.~~~~~~ ~~~~~.
THE CONDITION OF THIS OBLIGATtON IS SUCH that if the person or hidher 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 the 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.
w
@ Revised 911 1/00 Contract No. PKS02-04 Page 35 of 83 Pages
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 3062). a
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.
Executed by CONTRACTOR this 1 1 th
day of December ,20s.
CONTRACTOR:
Empire & Associates, InC.
(name,,of Contractor)
By: (sign here)
Henry A. Julicher
(print name here) - Pres./CEO, Empire & ASSOC., Inc. (title and organization of signatory)
BYE "kc- Y
(sign here)
Bruce S. Cheskin
(print name here)
Executed by SURETY this 1 1 th day
of December f 20-55
SURITY: International
Fidelity Insurance Company
2570 Boulevard of the Generals, Ste.#
Norristown. PA 19403 125
(name of Surety)
(address of Surety) -
877-388-BOND
By: (signature of Attorney-in-Fad)
William Rushton (printed name of Attorney-in-Fact)
(attach corporate resolution showing current power
of attorney)
Secretary, Empire & ASSOC., Inc.
(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:
Deputy City Attorney
Revised 9/11/00 Contract No. PKS02-04 Page 36 of 83 Pages
State of
County of
On this day of ,20 - , before me personally came
to me known, and known to me to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he executed the same.
My commission expires Notary Public -----------------------””“”“””””””~ ””””“”
State of -i j ss. County of
On this day Of“ ,20 - , before me personally came
to me known and known to me
My commission expires Notary Public
---------------””””-””””~”””””” _””_
State of
County of } ss.
On this day of ,20 - , before me personally came
to me known,
who being by me duly sworn, did depose and say that he is the
of the corporation described in and which executed the above instrument; that he knows the seal of said corporation; the the seal affixed to said
instrument is such corporate seal: that it was so affixed by order of the Board of Directors of said corporation. and that he signed his name
thereto by like order.
My commission expires
”””””_”””””””””””””””””””””””“”“””
Notary Public
State of PA
County of Montqomerv
On this 11th day of ”Y ,20 a , before me personally came
to me known, who, being by me duly sworn, did depose and say that
International Fidelity Insurance Campany he is attorney-in-fact of the corporation described in and which executed the above instrument: that he knows the corporate seal of said corporation; that the seal affixed
to the within instrument is such corporate seal, and that he signed the said instrument and aftked the said seal as Attorney-in-Fad by authority
of the Board of Direct ffice under the Standing Resolutions thereof.
My commission expires
FORM # 13 Notary Public
c C E
8 3
.. Q, > 0 2
s U Q)
z
I
U
Bond No. PAIFSU 0354929
FAITHFUL PERFORMANCUWARRANTY BOND I
F
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution
No. 2002-215 , adopted July 23, 2002 , has awarded to
Empire & Associates, Inc. , (hereinafter
designated as the "Principal"), a Contract for:
SYNTHETIC TURF SOCCER FIELD INSTALLATION AT
POlNSElTlA PARK AND CONCRETE ACCESS STAIRS INSTALLATION AT
POINSElTIA PARK AND STAGECOACH PARK
CONTRACT NO. PKS02-04
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, Empire & Associates, Inc. , as Principal,
(hereinafter designated as the "Contractor"), and International Fidelity Insurance Company
, as Surety, are held and firmly bound unto the City of Carlsbad, ,-
SEVEN HUNDRED TWENTY THREE THOUSAND NINE HUNDRED SEVENTY AND in the sum of NO/OO-------------- Dollars ($723 I 9 70 . 00 ), 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 the City in successfully enforcing such obligation, all to be taxed as costs and included in
any judgment rendered.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the work to be performed 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.
-
a Revised 911 1/00 Contract No. PKS02-04 Page 37 of 83 Pages
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 1 1 th Executed by SURETY this 1 1 th day of
day of December ,20 02 . December ,20 02 .
CONTRACTOR: SURETY:
Empire & Associates, Inc. Fidelity Insurance Company
(name of Contractor) (name of Surety)
International
2570 Boulevard of the Generals
Suite #I 25
By: Norristown, PA 19403
(sign here) (address of Surety)
Henry A. Julicher 877-388-SURETY
(print name here) (telephone number of Surety)
Pres./CEO, Empire & ASSOC., Inc. B~:
(Title and Organization of Signatory) (signature of Attorney-in-Fact)
William Rushton
c (printed name of Attorney-in-Fact)
(sign here)
Bruce S. Cheskin (Attach corporate resolution showing current
(print name here) power of attorney.)
Secretary, Empire & ASSOC., Inc.
(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:
Deputy City Attorney
Q Revised 9/11/00 Contract No. PKS02-04 Page 38 of 83 Pages
State of
.
,-
.. 6 c s
county of Is
On this hY of ,20 - , before me personally came
to me known, and known to me to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he executed the same.
My commission expires Notary Public """"""""""""""""-"""""""""""""""""
State of
county of I =.
On this day of ,20 - , before me personally came
to me known and known to me
to be a member of the firm of described in and who executed the foregoing instrument, and he thereupon acknowledged to me that he executed the same as and for the act
and deed of said firm.
My commission expires Notary Public
""""~""""""""~""""""""""""""""""""~
State of
County of I ss.
On thii day of ,20 - , before me personally came
to me known,
who being by me duly sworn, did depose and say that he is the
of the corpo&ion described in and which executed the above instrument: that he knows the seal of said corporation: the the Seal affixed to said
instrument is such corporate seal: that it was so aiiixed by order of the Board of Directors of said corporation, and that he signed his name
thereto by like order.
My commission expires Notary Public """""~""""""""""~""""""""""""""-------
State of PA
county of mntq- 1
On this .- day 0f-T ,20 a , before me personally came
nn to me known. who, being by me duly sworn. did depose and say that
International. Fidelity Insurance Company he is attorney-in-fact of the mrporation &dw in and which executed the above instrument; that he knows the Corpwate Seal of said CorpoatiOn: that the seal affixed
to the within imment is such corporate seal, and that he signed the said instrument and affixed the said seal as Attorney-in-Fact by aufiorlty
of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. F
al > 0
..
2
5
U al
Z
C (d
0 U
.. .
INTERNATIONAL FIDELITY INSURANCE COMPANY
ONE NEWARK CENTER. 20m FLOOR. NEWARK. NEW JERSEY 07102-5207
STATEMENT OF ASSETS. LIABILITIES. SURPLUS AND OTHER FUNDS
AT JUNE 30. 2002 t
..
.
rc
ASSETS
Bonds(AmortizedValue) ...................................
Preferreds tacks ..........................................
Common Stocks (Market Value) ............................... Mortgage Loans on Real Estate ...............................
RealEstate .............................................
CashBrBankDeposits .....................................
Short Term Investments .....................................
Unpaid Premiums & Assumed Balances ..........................
Reinsurance Recoverable on Loss Payments ....................... Electronic Data Processing Equipment ...........................
Interest & Dividends Due and Accrued ..........................
Federal & Foreign Income Tax Recoverable ...................... Funds Held in Escrow Accounts ............................... Collateral Funds Held Under Contract ........................... OtherAssets ............................................
TOTALASSE TS .................................
LIABILITIES. SURPLUS & OTHER FUNDS
Losses (Reported Losses Net as to Reinsurance Ceded and
Incurred But Not Reported Losses) ............................. Loss Adjustment Expenses ...................................
Contingent Commissions & Other Similar Charges ..................
Other Expenses (Excluding Taxes. Licenses and Fees) ................
Taxes. Licenses & Fees (Excluding Federal Income Tax) ..............
UnearnedPremiums .......................................
Ceded Reinsurance Premiums Payable ...........................
Funds Held by Company Under Reinsurance Treaties ................
Amounts Withheld by Company for Account of Others ................ Liability for U~uthorized Reinsurance ..........................
Payable for Securities ......................................
Other Liabilities .........................................
TOT ALLIABILITIES ..........................
$29.501. 996
1.181. 320
5.614. 860
2.053. 959
32. 000
12.118. 590
629. 131
3.447. 077
3.941. 724
208. 785
548. 421
500.000
12.959. 325
(12.959. 325)
752. 784
60.530.647
$9.056. 042
391. 344
159. 102
310. 491
13.797. 549
2.964. 309
4.01 1
191. 977
849. 124
73.580
3.778. 948
36.3 48 31.612.825
CommonCapitalStock ..................................... $1.500. OOO
Gross Paid-in & Contributed Surplus ............................ 374. 600
Unassigned Funds (Surplus) .................................. 27.043. 222
Surplus as Regards Policyholders ................... 28.917. 822
TOTAL LIABILITIES. SURPLUS & OTHER FUNDS ... 60.530.647
I . Francis L . Mitterhoff. President of INTERNATIONAL FJDELI'R INSURANCE COMPANY. certify that the foregoing is a fair statement of Assets. Liabilities. Surplus and Other Funds of this Company. at the close of business. June 30. 2002 . as
reflected by its books and records and as reported in its statement on file with the Insurance Department of the State of New
Jersey .
IN TESTIMONY WHEREOF. I have set my hand and affixed the
seal of the Company. this 12th day of August. 2002 .
INTERNATIONAL FIDELITY INSURANCE COMPANY
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 "Cityll and
whose address is
hereinafter called
"Contractor" and whose address is
hereinafter
called "Escrow Agent."
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows:
1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California,
the contractor has the option to deposit securities with the Escrow Agent as a substitute for retention
earnings required to be withheld by the City pursuant to the Construction Contract entered into
between the City and Contractor for:
SYNTHETIC TURF SOCCER FIELD INSTALLATION AT
POlNSElTlA PARK AND CONCRETE ACCESS STAIRS INSTALLATION AT
POlNSElTlA PARK AND STAGECOACH PARK
CONTRACT NO. PKS02-04
in the amount of dated (hereinafter referred to
as the "Contract"). Alternatively, on written request of the contractor, the City shall make payments of
the retention earnings directly to the escrow agent. When the Contractor deposits the securities as a
substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit.
The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the escrow
agent in connection with the handling of retentions under these sections in an amount not less than
$100,000 per contract. The market value of the securities at the time of the substitution shall be a
least equal to the cash amount then required to be withheld as retention under the terms of the
contract between the City and Contractor. Securities shall be held in the name of the , and shall designate the Contractor as the beneficial
owner.
2. The City shall make progress payments to the Contractor for such funds which otherwise would
be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow
Agent holds securities in the form and amount specified above.
3. When the City makes payment of retentions earned directly to the escrow agent, the escrow agent shall hold them for the benefit of the contractor until such time as the escrow created under
this contract is terminated. The contractor may direct the investment of the payments into securities.
All terms and conditions of this agreement and the rights and responsibilities of the parties shall be
equally applicable and binding when the City pays the escrow agent directly.
4. The contractor shall be responsible for paying all fees for the expenses incurred by the Escrow
Agent in administering the Escrow Account and all expenses of the City. These expenses and
payment terms shall be determined by the City, Contractor and Escrow Agent.
Revised 911 1/00 Contract No. PKS02-04 Page 39 of 83 Pages
5. The interest earned on the securities or the money market accounts held in escrow and all
interest earned on that interest shall be for the sole account of Contractor and shall be subject to
withdrawal by Contractor at any time and from time to time without notice to the City.
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow
Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor.
7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days’ written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City.
8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.
9. The Escrow Agent shall rely on the written notifications from the City and the contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent’s release, conversion and disbursement of the securities and interest as set forth above.
10. The names of the persons who are authorized to give written notices or to receive written notice
on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:
For City: Title
For Contractor:
For Escrow Agent:
Name
Signature
Address
Title
Name
Signature
Address L/
Title
Name
Signature
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.
a Revised 911 1/00 Contract No. PKS02-04 Page 40 of 83 Pages
.” . - IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the
date first set forth above.
For City:
e
For Contractor:
For Escrow Agent:
Title
Name
Signature
Address
Title 1
Address
Title
Name
Signature
Address
a Revised 911 1/00 Contract No. PKS02-04 Page 41 of 83 Pages
c
SUPPLEMENTAL PROVISIONS
FOR
SYNTHETIC TURF SOCCER FIELD INSTALLATION AT
POlNSElTlA PARK AND CONCRETE ACCESS STAIRS INSTALLATION
AT POlNSElTlA PARK AND STAGECOACH PARK
CONTRACT NO. PKS02-04
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:
1-1.1 Reference to Drawings.
or words of similar import are
accompanying these provisions,
Where words "shown", "indicated", "detailed", "noted", "scheduled",
used, it shall be understood that reference is made to the plans
unless stated otherwise.
Add the following section:
1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are
used, it shall be understood that the direction, designation or selection of the Engineer is intended,
unless stated otherwise. The word "required" and words of similar import shall be understood to
mean "as required to properly complete the work as required and as approved by the Engineer,"
unless stated otherwise.
Add the following section:
1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such
words of similar import are used, it shall be understood such words are followed by the expression "in
the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval",
"acceptance", or words of similar import are used, it shall be understood that the approval,
acceptance, or similar import of the Engineer is intended.
Add the following section:
1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its
expense, shall perform all operations, labor, tools and equipment, and further, including the
furnishing and installing of materials that are indicated, specified or required to mean that the
Contractor, at its expense, shall furnish and install the work, complete in place and ready to use,
including furnishing of necessary labor, materials, tools, equipment, and transportation.
a Revised 9/11/00 Contract No. PKS02-04 Page 42 of 83 Pages
1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively
defined by the definitions assigned to them herein.
Agency - the City of Carlsbad, California.
City Council - the City Council of the City of Carlsbad.
c
City Manager - the City Manager of the City of Carlsbad or hidher approved representative.
e Dispute Board - persons designated by the City Manager to hear and advise the City Manager on
claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute
resolution.
rc
..-.
c
Engineer - the Public Works Director of the City of Carlsbad or hidher approved representative.
The Engineer is the third level of appeal for informal dispute resolution.
Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original
Contract Price bid.
Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired,
directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further,
such employees have their employment taxes, State disability insurance payments, State and
Federal income taxes paid and administered, as applicable, by the Contractor. When used in
Section 2-3.1 ”own organization” means construction equipment that the Contractor owns or leases
and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an
operator is not part of the Contractor’s Own Organization and will not be included for the purpose of
compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions.
Owner OperatorAessor - Any person who provides equipment or tools with an operator provided
who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee
of the Agency or a public utility.
Deputy City Engineer - The Construction Manager’s immediate supervisor and third level of appeal
for informal dispute resolution.
Project Inspector - the Engineer’s designated representative for inspection, contract administration
and first level for informal dispute resolution.
Construction Manager - the Project Inspector’s immediate supervisor and second level of appeal
for informal dispute resolution.
1-3 ABBREVIATIONS
1-3.2 Common Usage, add the following:
Abbreviation
Ap ts... ......................... Bldg ............................
CMW D .......................
CSSD .........................
cfs ..............................
Comm ........................
DR ..............................
Revised 911 1/00
Word or Words
Apartment and Apartments Building band Buildings
Carlsbad Municipal Water District
Carlsbad Supplemental Standard Drawings
Cubic Feet per Second
Commercial
Dimension Ratio
Contract No. PKS02-04 Page 43 of 83 Pages
e
<-
c
"
E ................................
G ................................
gal ..............................
Gar .............................
G NV ...........................
gpm ............................
IE ...............................
LCW D ........................
MSL ...........................
MTBM ........................
NCTD .........................
OHE ...........................
OMW D .......................
ROW. ......................... s ................................
SDNR ........................
SDRSD ......................
SFM ...........................
T .................................
UE .............................. w ...............................
VW D ..........................
Electric
Gas
Gallon and Gallons
Garage and Garages
Ground Not Visible
gallons per minute
Invert Elevation
Leucadia County Water District
Mean Sea Level (see Regional Standard Drawing "12)
Microtunneling Boring Machine
North County Transit District
Overhead Electric
Olivenhain Municipal Water District
Right-of-way
Sewer or Slope, as applicable
San Diego Northern Railway
San Diego Regional Standard Drawing
Sewer Force Main
Telephone
Underground Electric
Water, Wider or Width, as applicable
Vallecitos Water District
SECTION 2 -- SCOPE AND CONTROL OF THE WORK
2-3 SUBCONTRACTS.
2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring
the Contractor to complete 50 percent of the contract price with its own organization, the Agency may
at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of the
value of the work performed in excess of 50 percent of the contract price by other than the
Contractor's own organization. The City Council shall be the sole body for determination of a violation
of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a
public hearing before the City Council and shall be notified ten (10) days in advance of the time and
location of said hearing. The determination of the City Council shall be final.
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,".
Modify paragraphs three and four to read: The Contractor shall provide a faithful
performance/warranty bond and payment bond (labor and materials bond) for this contract.
The faithful performance/warranty bond shall be in the amount of 100 percent of the contract price.
The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an
amount equal to:
1) One hundred percent (100%) of the total amount payable by the terms of the contract when the
total amount payable does not exceed five million dollars ($5,000,000).
2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total
amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million
dollars ($10,000,000).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract
exceeds ten million dollars ($10,000,000).
Revised 911 1/00 Contract No. PKS02-04 Page 44 of 83 Pages
- - Both bonds shall extend in full force and effect and be retained by the Agency during this project until
they are released according to the provisions of this section.
- The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days
after recordation of the Notice of Completion and will remain in full force and effect for the one year
warranty period and until all warranty repairs are completed to the satisfaction of the Engineer.
The bonds to secure payment of laborers and materials suppliers shall be released six months plus
30 days after recordation of the Notice of Completion if all claims have been paid.
I
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
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
instrument entitling or authorizing the person who executed the bond to do so.
If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the
insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the
execution of the bond. The financial statement shall be made by an officer's certificate as defined in
Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may
be verified by the oath of the principal officer or manager residing within the United States.
c
.c
2-5 PLANS AND SPECIFICATIONS.
2-5.1 General, add the following: The specifications for the work include the Standard
Specifications for Public Works Construction, (SSPWC), 2000 Edition, hereinafter designated
"SSPWC", as written and promulgated by Joint Cooperative Committee of the Southern California
Chapter American Public Works Association and Southern California Districts Associated General
Contractors of California, and as amended by the Supplemental Provisions section of this contract.
2-5.2 Precedence of Contract Documents, modify as follows: If there is a conflict between
Contract Documents, the document highest in precedence shall control. The precedence shall be
the most recent edition of the following documents listed in order of highest to lowest precedence:
1 ) Permits from other agencies as may be required by law.
2) Plans.
3) Supplemental Provisions.
4) Standard Plans.
a) City of Carlsbad Supplemental Standard Drawings.
b) Carlsbad Municipal Water District Standard Drawings.
c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings.
d) San Diego Area Regional Standard Drawings.
e) State of California Department of Transportation Standard Plans.
5) Standard Specifications for Public Works Construction.
6) Reference Specifications.
7) Manufacturer's Installation Recommendations.
Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will
take precedence over items 2) through 7) above. Detailed plans and plan views shall have
precedence over general plans.
@ Revised 911 1/00 Contract No. PKS02-04 Page 45 of 83 Pages
-_ - 2-5.3.3 Submittals, add the following: Each submittal shall be consecutively numbered.
Resubmittals shall be labeled with the number of the original submittal followed by an ascending
- alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth
submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively
numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal
on the Contractor's letterhead. The Letter of transmittal shall contain the following:
1) Project title and Agency contract number.
2) Number of complete sets.
3) Contractor's certification statement.
4) Specification section number(s) pertaining to material submitted for review.
5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for
6) Description of the contents of the submittal.
7) Identification of deviations from the contract documents.
"
the same materials.)
When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification
that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in
conformance with the requirements of the Contract Documents. The Contractor shall subscribe to
and shall place the following certification on all submittals: -
"I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to
be incorporated into this Project, is in compliance with the Contract Documents, can be installed in - the allocated spaces, and is submitted for approval."
F By: Title: -
Date:
Company Name:
Add the following:
2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete "as-built"
record set of blue-line prints, which shall be corrected in red daily and show every change from the
original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment,
underground piping, valves, and all other work not visible at surface grade. Prints for this purpose
may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be
used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of
the work. Payment for performing the work required by section 2-5.4 shall be included in the various
bid items and no additional payment will be made therefor.
2-9 SURVEYING.
2-9.1 Permanent Survey Markers, Delete sections 2-9.1 and replace with the following:
The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the
consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting
an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California,
hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor
shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at
the site of the replacement is completed. The Surveyor shall file corner record(s) as required by $5 8772 and 8773, et seq. of the California Business and Professions Code.
'@ Revised 9/11/00 Contract No. PKS02-04 Page 46 of 03 Pages
-.
c When a change is made in the finished elevation of the pavement of any roadway in which a
permanent survey monument is located, the Contractor shall adjust the monument frame and cover - to the new grade within 7 days of paving unless the Engineer shall approve othennrise. Monument
frames and covers shall be protected during street sealing or painting projects or be cleaned to the
satisfaction of the Engineer.
2-9.2 Survey Service, Delete sections.2-9.2 and replace with the following: The Contractor shall
hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for
establishing control, construction staking, records research and all other surveying work necessary to
construct the work, provide surveying services as required herein and provide surveying, drafting and
other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor
shall be resident on the site during all surveying operations and shall personally supervise and certify
the surveying work.
Add the following section:
2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform to the
requirements of section 2-5.3.3, “Submittals”, herein. The Contractor shall submit grade sheets to
the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall
submit field notes for all surveying required herein to the Engineer within ten days of performing the
survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound
form on 215mm by 280 mm (8’/2’ by 11”) paper. The field notes, calculations and supporting data
shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from
monuments set. The field notes and calculations will be labeled with name of the Surveyor, the party
-
- earlier surveys and all other evidence used by the Surveyor to determine the location of the
IC chief, field crew members and 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”. The Contractor shall have a Record of Survey prepared by the Surveyor and file it in
conformance with 55 8700 - 8805 of the State of California Business and Professions Code when the
Surveyor performs any surveying that such map is required under 53 8762 of the State of California
Business and Professions Code and whenever the Surveyor shall establish, set or construct any
permanent survey monument. SDRS drawing ”10 type monuments, bolts, spikes, leaded tacks
and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are
at, or accessory to, property corners and street centerlines are permanent survey monuments. The
Record of Survey shall show all monuments set, control monuments used, the basis of bearings and
all other data needed to determine the procedure of survey and the degree of accuracy attained by
the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not
exceed 1 part in 40,000. The record of survey shall show the location and justification of location of
all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s)
shall be submitted for the Engineer’s review and approval before submittal to the County Surveyor
and before submittal to the County Recorder.
@ Revised 9/11/00 Contract No. PKSO2-04 Page 47 of 83 Pages
TABLE 2-9.2.2(8)
Survey Stake Color Code for Construction Staking
Type of Stake
Horizontal Control
Color* Description
White/Red Coordinated control points, control lines, control reference points, centerline,
c
-.
I alignments, etc.
Vertical Control I Bench marks
White/Orange
Clearing
Yellow Slope, intermediate slope, abutment fill, rough grade, contour grading, final Grading
Yellow/Black Limits of clearing
Structure Bridges, sound and retaining walls, box culverts, etc. White
Drainage, Sewer, Curb Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm
Signs, railings, barriers, lighting, etc. 1 Orange Miscellaneous
WhiteNellow Fences, W W lines, easements, property monuments, etc. Right-of-way
Blue
grade, etc.
drains, slope protection, curbs, gutters, etc.
Flagging and marking cards, if used.
Add the following section:
2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections
2-9.1 through 2-9.3.2 shall be considered incidental to the work and no additional payment will be
made. Extension of unit prices for extra work shall include full compensation for related survey work
and no additional payment will be made therefor. Payment for the replacement of disturbed
monuments and the filing of records of survey and/or corner records, including filing fees therefor, 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.
Add the following section:
2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies
of all records in the Contractor’s or subcontractor’s possession pertaining to the work that the
Engineer may request.
Add the following section:
2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the
Engineer, within San Diego County, accurate books and accounting records relative to all its
activities and to contractually require all subcontractors to this Contract to do the same. The
Engineer shall have the right to monitor, assess, and evaluate Contractor’s and its subcontractors
performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include,
but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of
Contractor’s staff and the staff of all subcontractors to this contract. At any time during normal
business hours and as often as the Engineer may deem necessary, upon reasonable advance
notice, Contractor shall make available to the Engineer for examination, all of its, and all
subcontractors to this contract, records with respect to all matters covered by this Contract and will
permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and
records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data
relating to all matters covered by this Contract. However, any such activities shall be carried out in a
manner so as to not unreasonably interfere with Contractor’s ongoing business operations.
Contractor and all subcontractors to this contract shall maintain such data and records for as long as
may be required by applicable laws and regulations.
Revised 9/11/00 Contract No. PKS02-04 Page 48 of 83 Pages
L SECTION 3 -9 CHANGES IN WORK
3-2 CHANGES INITIATED BY THE AGENCY.
3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in quantity of a bid item in excess of 25 percent of the original quantity bid the adjustment of contract unit price for such items will be limited to that portion of the change in excess of 25 percent of the original quantity listed in the Contractor’s bid proposal for this contract. Adjustments in excess of 25
percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work.
3-3 EXTRA WORK.
3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of
ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs
shall be the edition of the, “Labor Surcharge and Equipment Rental Rates” published by CALTRANS,
current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of
this contract.
3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following:
(a) Work by Contractor. The following percentages shall be added to the Contractor’s costs and shall constitute the markup for all overhead and profits: 1) Labor ................................... 20
2) Materials ............................. 15
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.
”
-
F 3) Equipment Rental ................... 15
(b) Work by Subcontractor. When all or any part of the extra work is performed by a
Subcontractor, the markup established in section 3-3.2.3(a) shall be applied to the Subcontractor‘s
actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of
the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted
portion of the extra work may be added by the Contractor.
3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for
extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer.
3-4 CHANGED CONDITIONS.
Delete the second sentence of paragraph three, delete paragraph five (5), and add the following: The
Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of
any event, thing, occurrence, or other cause, unless the Contractor shall have first given the
Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be
Contractor performs the work giving rise to the potential claim. The Contractor’s failure to give
written notice of potential claim for changed conditions to the agency upon their discovery and before
.- .- submitted by the Contractor to the Engineer upon their discovery and prior to the time that the
- they are disturbed shall constitute a waiver of all claims in connection therewith.
- @ Revised 9/11/00 Contract No. PKS02-04 Page 49 of 83 Pages
- - The Contractor shall provide the City with a written document containing a description of the
particular circumstances giving rise to the potential claim, the reasons for which the Contractor
believes additional compensation may be due and nature of any and all costs involved within 20
working days of the date of service of the written notice of potential claim for changed conditions.
Verbal notifications are disallowed.
-
- The potential claim shall include the following certification relative to the California False Claims Act,
Government Code Sections 12650-1 2655.
‘The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City’s proposed final estimate in order for it to be further considered.”
By: Title:
Date:
Company Name:
L The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim - subsequently filed on the basis of said notice of potential claim.
It is the intention of this section that differences between the parties arising under and by virtue of the
contract be brought to the attention of the Engineer at the earliest possible time in order that such
matters be settled, if possible, or other appropriate action promptly taken.
3-5 DISPUTED WORK.
7
Add the following: The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in
-. connection therewith.
Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute - resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall
attempt to resolve all disputes informally through the following dispute resolution chain of command:
1. Project Inspector
3. Deputy City Engineer - Inspection Division
4. Public Works Director
- 2. Construction Manager
- 5. City Manager
The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor’s report and respond with a position, request additional information or request that the
City will provide its position within 10 working days of receipt of said additional information or
Contractor’s presentation of its report. The Contractor may appeal each level’s position up to the City
c
- Contractor meet and present its report. When additional information or a meeting is requested the -
- Manager after which the Contractor may proceed under the provisions of the Public Contract Code.
7
Revised 911 1/00 Contract No. PKS02-04 Page 50 of 83 Pages
c - The authority within the dispute resolution chain of command is limited to recommending a resolution
to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions
in the contract. -
All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures
in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section
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 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.
-
Revised 911 1/00 Contract No. PKS02-04 Page 51 of 83 Pages
(d) If the claimant disputes the local agency's written response, or the local agency fails to respond - within the time prescribed, the claimant may so notify the local agency, in writing, either within 15
days of receipt of the local agency's response or within 15 days of the local agency's failure to
respond within the time prescribed, respectively, and demand an informal conference to meet and
confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a
meet and confer conference within 30 days for settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any portion remains in dispute, the
claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2
(commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For
purposes of those provisions, the running of the period of time within which a claim must be filed
shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a)
until the time that claim is denied as a result of the meet and confer process, including any period of
time utilized by the meet and confer process.
(f) This article does not apply to tort claims and nothing in this article is intended nor shall be
construed to change the time periods for filing tort claims or actions specified by Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division
3.6 of Title 1 of the Government Code.
e
- 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
-
_c third person as mediator, shall be commenced within 30 days of the submittal, and shall be - concluded within 15 days from the commencement of the mediation unless a time requirement is
extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail
to select a mediator within the 15-day period, any party may petition the court to appoint the mediator.
(b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to
Chapter 2.5 (commencing with Section 1141 .lo) of Title 3 of Part 3 of the Code of Civil Procedure,
notwithstanding Section 11 41.1 1 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
(3) In addition to Chapter 2.5 (commencing with Section 1141.1 0) 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
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
- event shall these fees or expenses be paid by state or county funds.
- obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter,
- arbitration process.
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed
except as otherwise provided in the contract.
arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court
of law.
- - (b) In any suit filed under Section 201 04.4, the local agency shall pay interest at the legal rate on any
-
Revised 911 1 io0 Contract No. PKS02-04 Page 52 of 83 Pages
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP.
4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe
access to any and all parts of work at any time. Such free and safe access shall include means of
safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the
safety of persons as contained in the State of California, California Code of Regulations, Title 8,
Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety
Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such
information as may be necessary to keep the Engineer fully informed regarding progress and
manner of work and character of materials. Inspection or testing of the whole or any portion of the
work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill
this Contract.
4-1.4 Test of Materials, delete the phrase, “and a.reasonable amount of retesting”, from the third sentence of the first paragraph.
- add the following: Except as specified in these Supplemental Provisions, the Agency will bear the
- Supplemental Provisions. The cost of all other tests shall be borne by the Contractor.
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
At the option of the Engineer, the source of supply of each of the materials shall be approved by the
Engineer before the delivery is started. All materials proposed for use may be inspected or tested at
any time during their preparation and use. If, after incorporating such materials into the Work, it is
found that sources of supply that have been approved do not furnish a uniform product, or if the
product from any source proves unacceptable at any time, the Contractor shall furnish approved
material from other approved sources. If any product proves unacceptable after improper storage,
handling or for any other reason it shall be rejected, not incorporated into the work and shall be
removed from the project site all at the Contractor’s expense.
-
Soil compaction testing shall be performed by a third party at the Contractor’s expense.
Additional compaction tests may be made by the Engineer and all costs for tests that meet or exceed
the requirements of the specifications shall be borne by the Agency. Said tests may be made at any
place along the work as deemed necessary by the Engineer. The costs of any retests made
necessary by noncompliance with the specifications shall be borne by the Contractor.
4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution
is determined to be unsatisfactory in performance, appearance, durability, compatibility with
associated items, availability of repair parts and suitability of application the Contractor shall remove
the substituted item and replace it with the originally specified item at no cost to the Agency.
Add the following section:
4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE.
- The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the - quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be - delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be
accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor
as consignee, the project name and number, address of delivery and name of consignor and a
- @ Revised 911 1/00 Contract No. PKS02-04 Page 53 of 83 Pages
-
c description of the material(s) shipped. Prior to storage of any materials which have been shipped to
or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the
agreement shall clearly state the term of the lease, the description of materials allowed to be stored
and shall provide for the removal of the materials and restoration of the storage site within the time
allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to
the materials stored and to preparation of the storage site and the location of the site on which the
materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's
responsibility. Conformance to the requirements of this section, both within and outside the limits of
work are a part of the Work. The Engineer shall have the right to verify the suitability of materials
and their proper storage at any time during the Work.
I Engineer a copy of lease agreements for each property where such materials are stored. The lease
SECTION 5 -- UTILITIES
5-1 LOCATION.
Delete the first paragraph and substitute 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
size and/or location of utilities indicated on the Plans is not guaranteed.
- which exist within the limits of the work. However, the accuracy and/or completeness of the nature,
7 5-4 RELOCATION.
"
Add the following: In conformance with section 5-6 the Contractor shall coordinate the work with
utility agencies and companies. Prior to the installation of any and all utility structures within the limits
of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb
and gutter that is a part of the work and adjacent to the location where such utility structures are
shown on the plans and are noted as being located, relocated or are otherwise shown as installed by
others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate
utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be
permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is
approved by the Engineer the Contractor shall place survey or other physical control markers
sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company.
Such temporary omission shall be for the Contractor's convenience and no additional compensation
will be allowed therefor or for additional work, materials or delay associated with the temporary
omission. The portion thus omitted shall be constructed by the Contractor immediately following the
relocation of the utility involved unless otherwise directed by the Engineer.
SECTION 6 -- PROSECUTION, PROGRESS AND
ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.
Delete section 6-1 and substitute the following: Except as otherwise provided herein and unless
otherwise prohibited by permits from other agencies as may be required by law the Contractor shall
begin work within 10 calendar days after receipt of the "Notice to Proceed".
e Revised 911 1/00 Contract No. PKS02-04 Page 54 of 83 Pages
- 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Project Manager will set the time and location for the Preconstruction Meeting. Attendance of the
I Contractor’s management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor’s responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per section 6-4. No separate payment will be made for the Contractor’s attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting.
-
6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of section 2-5.3. The submittal of the Baseline Construction Schedule shall include each item and element of sections 6-1.2 through 6-1.2.9 and
shall be on hard (paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media.
6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall depict a workable plan showing the sequence, duration, and interdependence of all activities required to represent the complete performance of all project work as well as periods where work is - precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of the notice to proceed and conclude with the date of final completion per the contract duration. The
Baseline Construction Schedule shall include detail of all project phasing, staging, and sequencing,
including all milestones necessary to define beginning and ending of each phase or stage.
6-1.2.1 Time-Scaled Network Diagram. As a part of the Baseline Construction Schedule the
-
- Contractor shall prepare and submit to the Project Manager a complete time-scaled network diagram - showing all of the activities, logic relationships, and milestones comprising the schedule.
6-1.2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall
prepare and submit to the Project Manager a tabular listing of all of the activities, showing for each
activity the identification number, the description, the duration, the early start, the early finish, the late
start, the late finish, the total float, and all predecessor and successor activities for the activity described.
6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Project Manager a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path.
6-1.2.4 Schedule Software. The Contractor shall use commercially available software equal to the Windows 95 compatible “Suretrak” program by Primavera or “Project“ program by Microsoft Corporation to prepare the Baseline Construction Schedule and all updates thereto. The Contractor shall submit to the Agency a 89 mm (3.5”) data disk with all network information contained thereon, in a format readable by a Microsoft Windows 95 system. The Agency will use a “Suretrak”, “Project” or equal software program for review of the Contractor’s schedule. Should the Contractor elect to use a scheduling program other than the “Suretrak” program by Primavera or “Project” program by
Microsoft Corporation the Contractor shall provide the Engineer three copies of the substituted program that are fully licensed to the Agency and 32 class hours of on-site training by the program publisher for up to eight Agency staff members. The classes shall be presented on Mondays through Thursdays, inclusive, between the hours of 8:OO a.m. and 5:OO p.m. The on-site training shall be
be submitted to the Project Manager for approval five working days before the start of the on-site
training. The on-site training shall be completed prior to the submittal of the first Baseline
Construction Schedule.
- held at 1635 Faraday Avenue, Carlsbad, California. The dates and times of the on-site training shall
Revised 911 1/00 Contract No. PKS02-04 Page 55 of 83 Pages
6-1.2.5 Schedule Activities. Except for submittal activities, activity durations shall not be shorter
than 1 working day nor longer than 15 working days, unless specifically and individually allowed by
the Project Manager. The Baseline Construction Schedule shall include between 20 and 200
activities, including submittals, interfaces between utility companies and other agencies, project
milestones and equipment and material deliveries. The number of activities will be sufficient, in the
judgment of the Project Manager, to communicate the Contractor’s plan for project execution, to
accurately describe the project work, and to allow monitoring and evaluation of progress and of time
impacts. Each activity’s description shall accurately define the work planned for the activity and each
activity shall have recognizable beginning and end points.
Add the following section:
6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensation
to whatever party or contingency first exhausts it.
Add the following section:
6-1.2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency
supplied materials, equipment, or services, which may impact any activity‘s construction shall be
shown as a restraint to those activities. Time periods to accommodate the review and correction of
submittals shall be included in the schedule.
Add the following section:
6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer
than the specified contract duration will not be acceptable and will be grounds for determination of
default by Contractor, per section 6-4.
- -
L Add the following section:
6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor’s plan to
support and maintain the project for the entire contractual time span of the project. Should the
Contractor propose a project duration shorter than contract duration, a complete Baseline
Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance
with all schedule requirements of section 6-1. The Project Manager may choose to accept the
Contractor’s proposal of a project duration shorter than the duration specified; provided the Agency is
satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other
entities, public and private, which interface with the project are able to support the provisions of the
shortened Baseline Construction Schedule. The Agency’s acceptance of a shortened duration
project will be confirmed through the execution of a contract change order revising the project
duration and implementing all contractual requirements including liquidated damages in accordance
with the revised duration.
Add the following section:
6-1.2.10 Project Manager’s Review. The Construction Schedule is subject to the review of the
proposed by the Contractor complies with the requirements of these supplemental provisions shall
be a condition precedent to issuance of the Notice to Proceed by the Project Manager. If the Project
specifications the Contractor shall correct the Construction Schedule to meet these specifications
and resubmit it to the Project Manager. Failure of the Contractor to obtain the Project Manager’s
determination that the initial Construction Schedule proposed by the Contractor complies with the
preconstruction meeting shall be grounds for termination of the contract per section 6-4. Days used
by the Project Manager to review the initial Construction Schedule will not be included in the 30
working days.
c
- Project Manager. The Project Manager’s determination that the Baseline Construction Schedule
L Manager determines that the Construction Schedule does not meet the requirements of these
c requirements of these supplemental provisions within thirty (30) working days after the date of the
-
Revised 911 1/00 Contract No. PKS02-04 Page 56 of 83 Pages
The Project Manager will review and return to the Contractor, with any comments, the Baseline
Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will
be returned marked as per sections 6-1.2.10.1 through 6-1.2.10.3.
Add the following section:
6-1.2.10.1 “Accepted.” The 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 6-1.8.1.
Add the following section:
6-1.2.10.2 “Accepted with Comments.” The Contractor may proceed with the project work upon
issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the
comments prior to receipt of payment per section 6-1.8.1.
Add the following section:
6-1.2.10.3 “Not Accepted.” The Contractor must resubmit the schedule incorporating the
corrections and changes of the comments prior to receipt of payment per section 6-1.8.1. The Notice
to Proceed will not be issued by the Project Manager if the changes of the comments are not
submitted as required hereinbefore and marked “Accepted” or “Accepted with Comments” by the
Project Manager. The Contractor, at the sole option of the Project Manager, 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
Project Manager.
Add the following section:
6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the
Project Manager 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 6-1.2
through 6-1.2.9 and 6-1.3.1 through 6-1.3.7.
Add the following section:.
6-1.3.1 Actual Activity Dates. The actual dates each 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 Project Manager with the update.
Add the following section:
6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month, the
Contractor shall report the percentage determined by the Project Manager as complete for the
activity.
Add the following section:
6-1.3.3 Electronic Media. The schedule data disk shall be a 89 mm (3‘/$) high density diskette, labelled with the project name and number, the Contractor’s name and the date of preparation of the
schedule data disk. The schedule data disk shall be readable by the software specified in section 6-
1.2.4 “Schedule Software” and shall be free of file locking, encryption or any other protocol that
would impede full access of all data stored on it.
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.
Revised 9/11 /OO Contract No. PKS02-04 Page 57 of 83 Pages
c
6-1.3.5 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 the Contractor’s change orders.
6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and their
durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar
chart shall use differing texture patterns or distinctive line types to show the critical path.
6-1.4 Project Manager’s Review of Updated Construction Schedule. The Project Manager will
review and return the Updated Construction Schedule to the Contractor, with any comments, within 5
working days of submittal. The Updated Construction Schedule will be returned marked as per
sections 6-1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked “Accepted with
Comments” or “Not Accepted” by the Project Manager will be returned to the Contractor for
correction. Upon resubmittal the Project Manager will review and return the resubmitted Updated
Construction Schedule to the Contractor, with any comments, within 5 working days. Failure of the
Contractor to submit a monthly updated construction schedule will invoke the same consequences
as the Project Manager returning a monthly updated construction schedule marked “Not Accepted”.
6-1.4.1 “Accepted.” The Contractor may proceed with the project work, and will receive payment
for the schedule in accordance with section 6-1.8.2.
6-1.4.2 “Accepted with.Comments.” The Contractor may proceed with the project work. The
Contractor must resubmit the Updated Construction Schedule to the Project Manager incorporating
the corrections and changes noted in the Project Manager’s comments prior to receipt of payment
per section 6-1.8.2.
6-1.4.3 “Not Accepted.” The Contractor must resubmit the Updated Construction Schedule to the
Project Manager incorporating the corrections and changes noted in the Project Manager’s
comments prior to receipt of payment per section 6-1.8.2. The Contractor, at the sole option of the Project Manager, 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 Project Manager before the last day of the month in which the Updated
Construction Schedule is due. If the Contractor fails to submit the corrected Updated Construction
Schedule as required herein the Contractor may elect to proceed with the project at its own risk.
Should the Contractor elect not to proceed with the project, any resulting delay, impact, or disruption
to the project will be th,e Contractor’s responsibility.
6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion
or contractually required milestone date later than the properly adjusted contract or milestone
duration, the Agency may withhold Liquidated Damages for the number of days late. Should a
subsequent “Accepted” Schedule Update remove all or a portion of the delay, all or the allocated
portion of the previously held Liquidated Damages shall be released in the monthly payment to the
Contractor immediately following the “Accepted” schedule.
6-1.6 Interim Revisions. Should the actual or projected progress of the work become
substantially different from that depicted in the Project Schedule, independently of and prior to the
next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list
and explanation of each change made to the schedule. The Revised Construction Schedule will be
submitted per the submittal requirements of section 2-5.3 and per the schedule review and
acceptance requirements of section 6-1 , including but not limited to the acceptance and payment
provisions. As used in this subsection “substantially different” means a time variance greater than 5
percent of the number of days of duration for the project.
@ Revised 911 1 I00 Contract No. PKS02-04 Page 58 of 83 Pages
- - 6-1. 7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update
when one hundred percent of the construction work is completed. The Contractor’s Final Schedule
be prepared and reviewed per sections 6-1.3 Preparation of Schedule Updates and Revisions and
6-1. 4 Project Manager’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.
- Update must accurately represent the actual dates for all activities. The final schedule update shall
6-1.8 Measurement And Payment Of Construction Schedule. The Contractor’s preparation,
revision and maintenance of the Construction Schedule are incidental to the work and no separate
payment will be made therefor.
6-2 PROSECUTION OF WORK
6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and
materials, and performing all operations necessary to complete the Project Work as shown on the
Project Plans and as specified in the Specifications. The work includes: preparation of base grade
(excavation, survey, compaction and soil testing), installation of impermeable under drain
liner, installation of drainage systems, installation of aggregate layer over drainage system
and compaction testing, installation of synthetic turf material and anchoring, installation of
infill materials. The work also includes constructing concrete stairs at Poinsettia Park,
constructing concrete stairs and walkway at Stagecoach Park, and all incidental work
included on Drawing Number 397-7.
7 6-2.3 Project Meetings The Project Manager will establish the time and location of weekly Project
Meetings. Each Project Meeting shall be attended by the Contractor’s Representative. The Project
Representative shall be the individual determined under section 7-6, ”The Contractor’s
Representative”, SSPWC. No separate payment for attendance of the Contractor, the Contractor’s
Representative or any other employee or subcontractor or subcontractor’s employee at these
meetings will be made.
6-6 DELAYS AND EXTENSIONS OF TIME.
6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written notice
to the Project Manager within two hours of the beginning of any period that the Contractor has placed
any workers or equipment on standby for any reason that the Contractor has determined to be
caused by the Agency or by any organization that the Agency may otherwise be obligated by. The
Contractor shall provide continuing daily written notice to the Project Manager, each working day,
throughout the duration of such period of delay. The initial and continuing written notices shall
include the classification of each workman and supervisor and the make and model of each piece of
equipment placed on standby, the cumulative duration of the standby, the Contractor’s opinion of the
cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by
reasonable means. Should the Contractor fail to provide the notice(s) required by this section the
Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefor.
L @ Revised 911 1/00 Contract No. PKS02-04 Page 59 of 83 Pages
- - 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work
to completion within ninety (90) working days after the starting date specified in the Notice to - Proceed.
6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Project
Manager, the hours of work shall be between the hours of 7:OO a.m. and 4:OO p.m. on Mondays
through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the
Project Manager if the Contractor desires to work outside said hours or at any time during weekends
and/or holidays. This written permission must be obtained at least 48 hours prior to such work.
The Project Manager may approve work outside the hours and/or days stated herein when, in hidher
sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency.
The Contractor shall pay the inspection costs of such work.
-.
c
6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following:
The Project Manager will not accept the Work or any portion of the Work before all of the Work is
completed and all outstanding deficiencies that may exist are corrected by the Contractor and the
Project Manager 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
Project Manager’s judgment, the Work has been completed and is ready for acceptance the Project Manager will so certify to the Board. Upon such certification by the Project Manager the Board may
accept the completed Work. Upon the Board’s acceptance of the Work the Project Manager 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:
- Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as
All work shall be warranted for one (1) year after recordation of the ”Notice of Completion” and any
faulty work or materials discovered during the warranty period shall be repaired or replaced by the
a warranty bond for the one year warranty period. - 6-9 LIQUIDATED DAMAGES.
Modify the last sentence of the first paragraph and the first sentence of the second paragraph and
add the following: For each consecutive calendar day in excess of the time specified for completion
of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld
monies due it, the sum of Five Hundred Dollars ($500.00).
-
- Execution of the Contract shall constitute agreement by the Agency and Contractor that Five
- specified completion date shall not constitute a waiver of this paragraph or of any damages.
Hundred Dollars ($500.00) per day is the minimum value of costs and actual damages caused by the
Contractor to complete the Work within the allotted time. Any progress payments made after the
SECTION 7 -- RESPONSIBILITIES OF THE CONTRACTOR
c
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.
@ Revised 911 1/00 Contract No. PKS02-04 Page 60 of 83 Pages
c - 7-4 WORKERS' COMPENSATtON INSURANCE.
Add the following: All insurance is to be placed with insurers that are admitted and authorized to
conduct business in the state of California and are listed in the official publication of the Department
of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance.
-
7-5 PERMITS.
Delete the first sentence and add the following four sentences: Except as specified herein the
agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, resource
agency and building permits necessary to perform work for this contract on Agency property, in
streets, highways (except State highway right-of-way), railways or other rights-of-way. Contractor
shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain
and pay for all permits for the disposal of all materials removed from the project. The cost of said
permit(s) shall be included in the price bid for the appropriate bid item and no additional
compensation will be allowed therefor.
7-7 COOPERATION AND COLLATERAL WORK.
I
Add the following section:
7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies
during the relocation or construction of their lines. The Contractor may be granted a time extension
if, in the opinion of the Project Manager, a delay is caused by the utility company. No additional
-
- compensation will be made to the Contractor for any such delay. -
7-8 PROJECT SITE MAINTENANCE.
7-8.1 Cleanup and Dust Control. Add the following: There shall be no stockpiling nor storage of
materials allowed on City property. Cleanup and dust control required herein shall also be executed
on weekends and other non-working days when needed to preserve the health safety or welfare of
the public. The Contractor shall conduct effective cleanup and dust control throughout the duration
of the Contract. The Project Manager may require increased levels of cleanup and dust control that,
in hidher sole discretion, are necessary to preserve the health, safety and welfare of the public.
Cleanup and dust control shall be considered incidental to the items of work that they are associated
with and no additional payment will be made therefor.
7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a
construction meter for water used for the construction, plant establishment, maintenance, cleanup,
testing and all other work requiring water related to this contract. The Contractor shall contact the
appropriate water agency for requirements. The Contractor shall pay all costs of temporary light,
power and water including hookup, service, meter and any, and all, other charges, deposits and/or
fees therefor. Said costs shall be considered incidental to the items of work that they are associated
with and no additional payment will be made therefor.
7-8.6 Water Pollution Control. Add the following: The Contractor shall comply with all
requirements of the storm water pollution and monitoring plan prepared for this project in accordance
with the California State Water Resources Control Board order number 92-08-DWQ (Confirm that
the "Water Discharge Requirement for Discharges of Storm Water Runoff Associated with
Construction Activity"
- number is current), NPDES General Permit number CAS000002 (Confirm that number is current and
-
I
Revised 911 1/00 Contract No. PKS02-04 Page 61 of 83 Pages
c
Add the following section:
7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped - with mufflers in good repair when in use on the project with special attention to the City Noise Control
Ordinance, Carlsbad Municipal Code Chapter 8.48.
7-10 PUBLIC CONVENIENCE AND SAFETY. -
7-10.1 Traffic and Access. add the following: For safetv reasons, the Contractor shall schedule
work such that no stairway, walkwav, roadway, handrail, or guardrail is left Dartiallv completed or in a
danclerous condition at the end of the workday. There shall be no stockpiling, nor storage of material
on the City right-of-way. The Contractor shall schedule the work so as to prevent damage by all
traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to
conflict with trash pickup. The trash hauling schedule can be obtained by calling the City‘s
contracted waste disposal company, Coast Waste Management at 929-941 7.
Seventy two hours prior to the start of any construction in the public right-of-way that affects vehicular
traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the
impending disruption. For a full street closure, all residences and/or businesses on the affected - street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs,
the residences and/or businesses directly affected by the work shall be notified.
The notification shall be hand delivered and shall state the date and time the work will begin and its
anticipated duration. The notification shall list two telephone numbers that may be called to obtain
additional information. One number shall be the Contractor’s permanent office or field office and the
-
- other number shall be a 24 hour number answered by someone who is knowledgeable about the - project. At least one of the phone numbers shall be in the (760) area code. An answering machine
shall not be connected to either number. The notification shall also give a brief description of the
work and simple instructions to the home or business owner on what they need to do to facilitate the
construction. The Contractor shall submit the contents of the notification to the Project Manager for
approval. Notices shall not be distributed until approved by the Project Manager.
c
For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a
doorknob without adhesives. It shall be a minimum size of 3-112 inches by 8-1/2 inches and shall be
brightly colored with contrasting printing. The material shall be equivalent in strength and durability to
65 Ib. card stock. The printing on the notice shall be no smaller than 12 point. An example of such notice is provided in Appendix “A.
In addition to the notifications, the contractor shall post no parking signs 48 hours in advance of the
work being performed. The no parking signs shall state the date and time of parking restriction for a
duration not to exceed the time necessary to complete the work at that location. Failure of the
contractor to meet the posted date requires re-posting the no parking signs 48 hours in advance of
the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed
and re-posted 48 hours in advance of the rescheduled work.
The preparation, materials, printing and distribution of the notifications shall be included in the
contract price bid for traffic control and the Contractor will not be entitled to any additional
compensation for printing and distributing these notices.
Q Revised 911 1/00 Contract No. PKS02-04 Page 62 of 83 Pages
- - 7-10.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in
accordance with the plans, Chapter 5 of the California Department of Transportation “Manual of
control system is damaged, displaced, or ceases to operate or function as specified, from any cause,
during the progress of the work, the Contractor shall immediately repair said component to its original - condition or replace said component and shall restore the component to its original location. In the
event that the Contractor fails to install and/or maintain barricades or such other traffic signs,
markings, delineation or devices as may be required herein, the Project Manager may, at hidher sole
option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty
dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control
facility, whichever is the greater.
- Traffic Controls,” 1996 edition and these Supplemental Provisions. If any component in the traffic
Add the following section:
7-10.3.1 Construction Area Signs and Control Devices. The Contractor shall Drovide barriers,
guards, linhts, sians, flaaoersons, and fencina as required to keep Dedestrian and bicvcle traffic
safelv awav from construction activities includinq, but not limited to, walkways, sidewalks, stairwavs,
etc. All construction traffic signs and control devices shall be maintained throughout the duration of
work in good order and according to the approved traffic control plan. All construction area signs
shall conform to the provisions of section 214-5.1 .et seq. All temporary reflective channelizers shall
conform to the provisions of section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of section 210-1.6 et seq. except that all
temporary paint shall be rapid dry water borne conforming to section 210-1.6for materials and section
310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed
- shall conform to the provisions of section 206-7.2 et seq. All temporary reflective pavement markers
-
- to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the - Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the
Contractor when no longer required. Warning and advisory signs that remain in place overnight shall
be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed
from the traveled way and from the view of motorists in the traveled way or shielded from the view of
the travelling public during such periods that their message does not pertain to existing conditions.
Care shall be used in performing excavation for signs in order to protect underground facilities. All
excavation required to install stationary construction area signs shall be performed by hand methods
without the use of power equipment. Warning and advisory signs that are used only during working
hours may be portable signs. Portable signs shall be removed from the traveled way and shielded
from the view of the travelling public during non-working hours. During the hours of darkness, as
defined in Division 1 , Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in section 206-7.2 et
seq. If illuminated traffic cones rather than post-type delineators are used during the hours of
“Standard Specifications”, except the sleeves shall be 180 mm (7”) long. Personal vehicles of the
Contractor‘s employees shall not be parked within the traveled way, including any section closed to
1.8 m (6’) of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable
delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of
vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for
the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as
required herein, on a sign post or telescoping flag tree with flags. The sign post or flag tree shall be
- darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS
- public traffic. Whenever the Contractor’s vehicles or equipment are parked on the shoulder within
- the pavement at not less than 7.6 m (25’) intervals to a point not less than 7.6 m (25’) past the last
- - placed where directed by the Project Manager.
Revised 911 1/00 Contract No. PKS02-04 Page 63 of 83 Pages
- . “ 7-10.3.2 Maintaining Traffic
- 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, CALTRANS
“Manual of Traffic Control”, 1996 edition and provisions under “Maintaining Traffic” elsewhere in
these Supplemental Provisions. The provisions in this section will not relieve the Contractor from its
responsibility to provide such additional devices or take such measures as may be necessary to
maintain public safety.
-
When lanes are closed for only the duration of work periods, .all components of the traffic control
system, except portable delineators placed along open trenches or excavation adjacent to the
traveled way, shall be removed from the traveled way and shoulder at the end work period. If the
Contractor so elects, said components may be stored at selected central locations, approved by the
Engineer, within the limits of the right-of-way.
c Add the following section:
7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished,
placed, maintained and removed in accordance with the minimum standards specified in Chapter 5
c of the ‘Traffic Manual”, 1996 (CONFIRM EDITION DATE) edition published by CALTRANS.
Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement
delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline
pavement delineation shall be provided at all times for traveled ways open to public traffic. All work
necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is
-
“ removed, all lines and marks used to establish the alignment of the temporary pavement delineation
” shall be removed by grinding.
Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material.
Temporary pavement delineation shall not be applied over existing pavement delineation or other
temporary pavement delineation. Temporary pavement delineation shall be maintained until
superseded or replaced with permanent pavement delineation.
Temporary pavement delineation shall be removed when, as determined by the Project Manager, the
temporary pavement delineation conflicts with the permanent pavement delineation or with a new
traffic pattern for the area and is no longer required for the direction of public traffic. When temporary
pavement delineation is required to be removed, all lines and marks used to establish the alignment
of the temporary pavement delineation shall be removed.
@ Revised 911 1/00 Contract No. PKS02-04 Page 64 of 83 Pages
- - 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
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 traveled way. The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this
Manager's review in conformance with the requirements of section 2-5.3, et seq. and obtain the
Project Manager's approval of the TCP prior to implementing them. The minimum 20 day review
TCP, new, modified or added to, for the Project Manager's review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the traveled surface differs from the finished pavement elevation vertical curves must also be shown. Such modifications, supplements and/or
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
The Project Manager shall be the sole judge of the suitability and quality of any such modifications,
supplements, and/or new designs to TCP. The Project Manager may approve any such modifications, supplements, and/or new designs to the TCP when, in the Project Manager's sole
professional engineer retained by the Contractor will be beneficial to the best interests of the Agency.
- project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor
- project that are not included in the project plans. The Contractor must submit the TCP for the Project
- period specified in section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of
-
- new design of TCP shall meet the requirements of the Project Manager and of the "MANUAL OF
- prepared by a registered professional engineer appropriately registered in the State of California.
- opinion, such modifications, supplements, and/or new designs to the TCP prepared by the registered
- Such modification, addition, supplement, and/or new design shall not be implemented and no work
I shall be commenced that is contingent on such approval until the changed TCP are approved by the Project Manager. 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.
The Contractor shall prepare and implement traffic control plans and shall furnish all labor and materials to perform, install, maintain, replace and remove all traffic control as incidentals to the work with which they are associated and no other compensation will be allowed therefor.
7-10.4.4 Safety and Protection of Workers and Public. For safetv reasons, the Contractor shall schedule work such that no stairwav, walkwav, roadway, handrail, or guardrail is left partially completed or in a danaerous condition at the end of the workdav. There shall be no stockDilina, nor
storaae of material on the City right-of-wav. The Contractor shall take all necessary precautions for
the safety of employees on the work and shall comply with all applicable provisions of Federal, State
and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or
adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling
materials.
7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work
include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible
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
- - materials, such as borrow pits or gravel beds, for use in the proposed construction project which
I_ the contract.
@ Revised 911 1/00 Contract No. PKS02-04 Page 65 of 83 Pages
SECTION 9 -- MEASUREMENT AND PAYMENT
c
9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK
9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall be
the US. Standard Measures.
9-3 PAYMENT.
9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall
not be affected by any payment but shall commence on the date of recordation of the “Notice of
Completion”
9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following:
Each month, the Project Manager will make an approximate measurement of the work performed to
the closure date as basis for making monthly progress payments. The estimated value will be
based on contract unit prices, completed change order work and as provided for in Section 9-2 of
the Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30)
Manager shall complete the detailed progress pay estimate and submit it to the Contractor for the
Contractor’s information. Should the Contractor assert that additional payment is due, the
payment request to the Project Manager with adequate justification supporting the amount of
- Manager shall, as soon as practicable after receipt, determine whether the supplemental payment
request is a proper payment request. If the Project Manager determines that the supplemental
payment request is not proper, then the request shall be returned to the Contractor as soon as
practicable, but not later than seven (7) days after receipt. The returned request shall be
accompanied by a document setting forth in writing the reasons why the supplemental payment
request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall
make payments within thirty (30) days after receipt of an undisputed and properly submitted
supplemental payment request from the Contractor. If payment of the undisputed supplemental
payment request is not made within thirty (30) days after receipt by the Project Manager, then the
City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of
Section 685.010 of the Code of Civil Procedure.
- calendar days after the closure date. Five (5) working days following the closure date, the Project
- Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental
- supplemental payment request. Upon receipt of the supplemental payment request, the Project
Add paragraph 6 et seq. as follows: After final inspection, the Project Manager will make a Final
Payment Estimate and process a corresponding payment. This estimate will be in writing and shall
be for the total amount owed the Contractor as determined by the Project Manager and shall be
itemized by the contract bid item and change order item with quantities and payment amounts and
shall show all deductions made or to be made for prior payments and amounts to be deducted under
provisions of the contract. All prior estimates and progress payments shall be subject to correction in
the Final Payment Estimate.
The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The
Contractor shall provide all documentation at the time of submitting the statement supporting its
time specified, the Contractor acknowledges that full and final payment has been made for all
contract bid items and change order items.
- - position. Should the Contractor fail to submit the statement and supporting documentation within the
e Revised 9/11 /OO Contract No. PKS02-04 Page 66 of 83 Pages
-
” If the Contractor submits a written statement with documentation in the aforementioned time, the
Project Manager will review the disputed item within 30 calendar days and make any appropriate
Project Manager will be subject to resolution as specified in subsection 3-5, Disputed Work. - adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the
The written statement filed by the Contractor shall be in sufficient detail to enable the Project
Manager to ascertain the basis and amount of said disputed items. The Project Manager will
consider the merits of the Contractor’s claims. It will be the responsibility of the Contractor to furnish
within a reasonable time such further information and details as may be required by the Project
Manager to determine the facts or contentions involved in its claims. Failure to submit such
information and details will be sufficient cause for denying payment for the disputed items.
-
9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in
the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted
in a written statement by the Contractor no later than the date of receipt of the final payment
estimate. Those final payment items disputed in the written statement required in subsection 9-3.2
shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be
considered that was not included in this written statement, nor will any claim be allowed for which
written notice or protest is required under any provision of this contract including sections 3-4
Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written
Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with
notice or protest requirements.
The claims filed by the Contractor shall be in sufficient detail to enable the Project Manager to
-
-
- ascertain the basis and amount of said claims. The Project Manager will consider and determine the - Contractor’s claims and it will be the responsibility of the Contractor to furnish within a reasonable
time such further information and details as may be required by the Project Manager 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 Project Manager. The Contractor shall proceed with informal dispute resolution
under subsection 3-5, Disputed Work, for those claims remaining in dispute.
9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated
into the will not be included in the progress estimate.
9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be included in the various items of work and no other payment will be made.
Revised 911 1/00 Contract No. PKS02-04 Page 67 of 83 Pages
I
"
SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 2, CONSTRUCTION MATERIALS
SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS
201-1 PORTLAND CEMENT CONCRETE
TABLE 201 -1.1.2(A) Modify as follows:
TABLE 201-1.1.2(A) (3)
PORTLAND CEMENTCONCRETE
Type of Construction I Concrete I Maximum " Class Slump mm (Inches)
Concrete Stairway and Walkway 31 0-C-17 I (520-C-2500) ('I I 1 00 (4)
(1) Except that concrete required to be of higher strength by Table 201-1.1.2(A) SSPWC shall
be as per Table 201 -1.1.2(A) SSPWC.
(2) As per Table 201-1.1.2(A) SSPWC. (3) Portions of Table 201 -1.1.2(A) of the Standard Specifications for Public Works Construction
not shown herein as changed are not affected by this table.
201-1.2.4 Chemical Admixtures. (e) Air-entraining Admixtures. Substitute the following: The
air content shall not deviate from the percentage specified or permitted by more than 1-1/2
percentage points. The air content of freshly mixed concrete will be determined by California Test
Method No. 504.
SECTION 206 - MISCELLANEOUS METAL ITEMS
Add the following section:
206-7.1.6 Mounting Traffic Signs. Traffic signs shall be installed on 1 O-gage or 12-gage cold-
rolled steel perforated tubing posts as shown on San Diego Regional Standard drawing "45 or,
when the sign area exceeds the maximum area allowed for on that drawing, on multiple 10-gage or
12-gage cold-rolled steel perforated tubing posts. The number of posts shall be determined by the
parameters in SDRS drawing "45 or as approved by the Engineer. Traffic signs will be provided
with back braces and mounting blocks as approved by the Engineer consisting of 10-gage or
12-gage cold-rolled steel perforated tubing when multiple posts are used.
Add the following section:
206-7.1.6 Traffic Sign Posts. Posts shall be constructed of 1 O-gage or 12-gage cold-rolled steel perforated tubing posts as shown on San Diego Regional Standard drawing "45.
Add the following section:
206-7.2 Temporary Traffic Signs. Temporary traffic signs shall consist of all signs used for the
direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic during the
Contractor's performance of the Work. Temporary traffic signs include both stationary and portable
signs.
Revised 911 1/00 Contract No. PKS02-04 Page 68 of 83 Pages
-
c Add the following section:
206-7.2.1 General. Materials, legend, proportion, size, and fabrication of all temporary traffic signs
shall conform to the requirements of “Specifications For Reflective Sheeting Signs, October 1993”,
Sheets 1 through 5 that accompany “Specifications For Reflective Sheeting Signs, October 1993 of
dimensions and details, dated April 1987, and “OPAQUE COLOR CHART”, dated February 1980, all
published by the State of California, Department of Transportation, Division of Procurement Services,
Office of Material Operations, 1900 Royal Oaks Drive, Sacramento, CA 9581 9 and as modified
herein. Where The “Specification For Reflective Sheeting Signs, October 1993 require the
Contractor or supplier to notify the Department of Transportation or to certify compliance to said
‘Specifications For Reflective Sheeting Signs, October 1993, to provide a quality control program or
to allow testing, approval, observation of manufacturing or assembly operations by the State of
California, Department of Transportation and/or its employees or officials, such rights shall be vested
in the Engineer.
L used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic
7
,”
c Add the following section:
206-7.2.2 Drawings. Modify the “Specifications For Reflective Sheeting Signs, October 1993 as
follows: Standard temporary traffic signs shall be as per the most recently approved “Approved - Sign Specification Sheets” of the State of California, Department of Transportation. The date of
approval shall be the date most closely preceding the date of manufacture of the sign(s) or the date
of the “Notice to Proceed” of this contract, whichever is most recent.
c Add the following section:
206-7.2.5 Stationary Mounted Temporary Traffic Signs. Stationary mounted temporary traffic
manner shown on the State of California, Department of Transportation “Standard Plans” 1995
edition standard plans numbers RS1, RS2, RS3 and RS4 for installation of roadside signs, except as
follows:
-c signs shall be installed on 1 0-gage and 12-gage cold-rolled steel perforated tubing posts in the same
a) Wood posts shall not be used.
b) Back braces and blocks for sign panels will not be required.
c) The height to the bottom of the sign panel above the edge of traveled way shall be at least
2.1 m (7’).
d) Unless otherwise shown on the plans traffic sign posts shall conform in materials and
installation to SDRS drawing ”45 and shall have one post provided for each 0.48 m2 (5
f?)of sign area, or the signs may be installed on existing lighting standards when approved
by the Engineer.
e) Sign panels mounfed on temporary traffic sign posts shall conform to the requirements
specified for aluminum signs in the “Specifications For Reflective Sheeting Signs, October
1993’.
r.
Add the following section:
206-7.2.6 Temporary Traffic Sign Posts. Posts shall be 1 0-gage or 12-gage cold-rolled steel
perforated tubing used for the support and stabilization of stationary mounted temporary signs. Post
size and number of posts shall be as shown on the plans, except that when stationary mounted signs
are installed and the type of sign installation is not shown on the plans, post size and the number of
posts will be determined by the Engineer. Sign panels for stationary mounted signs shall consist of reflective sheeting applied to a sign substrate.
8 Revised 911 1/00 Contract No. PKS02-04 Page 69 of 83 Pages
c - Add the following section:
206-7.2.7 Portable Temporary Traffic Signs. Each portable temporary traffic sign shall consist of
a base, standard or framework and a sign panel. The units shall be capable of being delivered to the
site of use and placed in immediate operation. Sign panels for portable signs shall conform to the
requirements of sign panels for stationary mounted signs in the “Specifications For Reflective
Sheeting Signs, October 1993, or shall be cotton drill fabric, flexible industrial nylon fabric, or other
approved fabric. Fabric signs shall not be used during the hours of darkness. Size, color, and leg-
end requirements for portable signs shall be as described for stationary mounted sign panels in
section 206-7.2 of these Supplemental Provisions. The height to the bottom of the sign panel above
the edge of traveled way shall be at least 0.3-m (12”). All parts of the sign standard or framework
shall be finished with 2 applications of an orange enamel which will match the color of the sign panel
background. Testing of paint will not be required.
Add the following section:
206-9 PORTABLE CHANGEABLE MESSAGE SIGN
Add the following section:
206-9.1 General. Each portable changeable message sign (PCMS) unit shall consist of a
controller unit, a power supply, and a structural support system all mounted on a trailer. The PCMS unit shall be assembled to form a complete self-contained portable changeable message sign which
can be delivered to the site of the work and placed in immediate operation. The complete PCMS unit
shall be capable of operating in an ambient air temperature range of -20*C (-4*F) to +70% (158*F)
and shall not be affected by unauthorized mobile radio transmissions. The trailer shall be equipped
so that it can be leveled and plumbed. Full operation height shall be with the bottom of the sign at
least 2.1 m (7’) above the ground and the top no more than 4.4 m (14.5’) above the ground. After
initial placement, PCMS shall be moved from location to location as directed by the Engineer
Add the following section:
206-9.2 Message Board. The message displayed on the PCMS shall be visible from a distance of
460 m (1500’) and shall be legible from a distance of 230 m (750’), at noon on a cloudless day, by
persons with vision corrected to 20/20. The sign panel shall be 3-line matrix and shall display not
less than 7 characters per line. Sign messages to be displayed shall be as approved by the
Engineer. The sign face shall be flat black and shall be protected from glare of the sun by a method
which does not interfere with the clarity of the sign message. The sign shall be raised and lowered
by means of a power driven lifting mechanism. The matrix sign shall be capable of complete
alphanumeric selection.
Lamp matrix type signs shall be equipped with an automatic dimming operational mode that
automatically compensates for the influence of a temporary light source or other abnormal lighting
conditions. The sign shall have manual dimming operation modes of 3 or more different lamp
intensities.
Matrix signs not utilizing lamps shall be either internally or externally illuminated at night.
The controller shall be an all solid-state unit containing all the necessary circuitry for the storage of at
least 5 pre-programmed messages. The controller shall be installed in a location allowing the
operator to perform all functions from one position. A keyboard entry system shall be provided to
allow an operator to generate an infinite number of additional messages over the pre-programmed
stored messages. The keyboard shall be equipped with a security lockout feature to prevent
unauthorized use of the controller. The controller shall contain a nonvolatile memory to hold the
keyboard created messages in memory during periods when the power is not activated. The
controller shall provide for a variable message display rate which allows the operator to match the
information display to the speed of the approaching traffic. The flashing off time shall be operator
adjustable within the control cabinet.
@ Revised 9/11 /00 Contract No. PKS02-04 Page 70 of 83 Pages
Add the following section:
206-9.3 Operation and Maintenance. PCMS shall be furnished, placed, operated, and maintained
at locations shown on the plans, specified herein, or designated by the Engineer. The PCMS will be
diligently maintained and repaired by the Contractor throughout the project in accordance with the
manufacturer’s recommendations. When ownership is transferred to the City (at the end of the job),
it must be demonstrated to be in good working condition, and meet the provisions of these
specifications, including current registration.
Add the following section:
206-9.4 Measurement and Payment. Traffic control shall be considered as incidental to the work
and no extra payment shall be made. The Contractor is fully responsible for furnishing all labor,
materials, tools, equipment and incidentals, and for doing all the work involved in furnishing, placing,
operating, maintaining, repairing, replacing, transporting from location to location, and delivery of the
signs to the City at the completion of the construction, in good working order, and as directed by the
Engineer, and no other compensation will be made.
206-10 ALUMINUM ANODIZED HANDRAJL
-
_.
c
206-10.1 General. Aluminum anodized handrail (1.9” OD) shall be manufactured by Craneveyor
Corp or equal. Manufacturer shall design, furnish, and install handrail as necessary to complete the
installation as shown on the contract document. All exposed aluminum shall be clear anodized in
accordance with Aluminum Association Designation AA M12 C22 A41. Posts, brackets, and bends
shall be anodized AFTER FABRICATION. Handrails shall be field measured after the stairs have
been formed to insure proper location and length.
Add the following section:
206-10.2 Measurement and Payment. The contract unit price per linear feet of aluminum handrail
shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals,
shop drawing details, and for doing all the work involved in furnishing, placing, transporting material
from fabrication site to project site in good working order, and as directed by the Engineer, and no
other compensation will be made.
SECTION 21 0 - PAINT AND PROTECTIVE COATINGS
c
Add the following section:
210-6 Concrete Sealant. The concrete sealant shall be a product designed to seal concrete against
moisture. The sealant shall be 40 percent, minimum, organosilane solution, diluted in a solvent
recommended by the manufacturer, and shall consist of alkyltrimethoxysilanes with a alkyl groups of
I-butyl, I-octyl, n-octyl, singularly or in combination, or equal. When applied to a concrete surface that
has been surface dry not less than 48 hours, the sealant shall seal the surface to the extent that 5
days after applying, a spray of water will not change the appearance of the concrete.
The concrete sealant shall be tinted with a fugitive dye which colors the sealant on the concrete
surface for at least four hours after application and then disappears within seven days after
application.
Each shipment of concrete sealant shall be accompanied by the manufacturer’s recommendations
for application of concrete sealant and a Certificate of Compliance conforming to Section 4-1.5,
“Certification,” of the Standard Specifications.
Revised 911 1/00 Contract No. PKS02-04 Page 71 of 83 Pages
SECTION 212 - LANDSCAPE AND IRRIGATION MATERIALS
I
”
21 2-1 LANDSCAPE MATERIALS.
212-1.2.3 Commercial Fertilizer. Add the following: Preplant fertilizer shall be granular commercial
fertilizer 7-7-7 or approved equal. Postplant fertilizer shall be 12-4-6 or approved equal with Ca, Fe,
Zn, and Mn and with the majority of nitrogen in nonammoniac form to prevent acidification of soil.
Planting tablets shall be compressed fertilizer tablets with a 20-10-5 analysis. Hydroseed fertilizer
shall be long-lasting, controlled-release, plastic-coated, uniform in composition, free-flowing, suitable
for application with approved equipment, and shall contain the minimum available percentages
of nitrogen, phosphoric acid, potash and sulfur required by tables 212-1.2.5.1(A) through
21 2-1 -2-5-3(A).
212-1.2.4 Organic Soil Amendment. Add the following: For all types of Organic Soil Amendment
mulch materials produced from pine trees grown in Alameda, Monterey, Santa Clara, Santa Cruz or
San Mateo Counties shall not be used in the Work. Type 1A Organic Soil Amendment shall conform
to the requirements for type 1 Organic Soil Amendment except as modified hereinafter. Type 1A
Organic Soil Amendment shall be a wood or rice residual product derived from the bark of pine, white
fir, or red fir or cedar or redwood shavings or rice hulls. Type 1A Organic Soil Amendment shall be
manufactured from clean wood, free from clods coarse objects and rocks and shall conform to the
properties shown in Table 212-1.2.4(B):
TABLE 212-1.2.4(8)
SOIL AMENDMENT PROPERTIES
Property Maximum Minimum
Dry Weight Nitrogen
0.08% Iron ( Dilute acid soluble on dry weight basis) (1) (1) Salinity
2 Yo 0% Dry Weight Passing #lo0 Sieve
10% 0% Dry Weight Passing #50 Sieve
40% 30% Dry Weight Passing #30 Sieve
65% 45% Dry Weight Passing #16 Sieve
100% 95% Dry Weight Passing #4 Sieve
100% 100% Dry Weight Passing 25 mm (1 ’I) Sieve (1) (1)
-”
Ash (dry weight basis) 0% 6 .O%
pH 6.0 7.0
Wettability (1) (1)
(1) (As Required by Table 212-1.2.4(A) SSPWC)
For all types of Organic Soil Amendment the Contractor shall supply the Engineer a sample of the
proposed amendment accompanied by an analytical analysis from a qualified agricultural laboratory
certifying compliance to the requirements herein. Qualified agricultural laboratories shall have an
ongoing quality assurance program that fulfills the requirements of the most recent version of the
‘Western States Laboratory Proficiency Testing Program Soil and Plant Analytical Methods”.
Certificates of compliance shall contain a statement attesting that the organic soil amendment meets
the requirements of these specifications and that the testing agricultural laboratory does fulfill the
requirements of “Western States Laboratory Proficiency Testing Program Soil and Plant Analytical
Methods”. Said submittal shall be in accordance with Section 2-5.3.3.
c
Revised 911 1/00 Contract No. PKS02-04 Page 72 of 83 Pages
4i
c
c
Add the following section:
212-1.2.5.1 Disturbed Area Mulch Fertilizer and Additives. In addition to the seed mix shown in
the table for Disturbed Areas the slurry mixture shall be applied at the rates shown in Table 212-
1.2.5.1 (A)
TABLE 212-1.2.5.1(A)
DISTURBED AREA MULCH FERTILIZER AND ADDITIVES
Component Application Rate
grams per sq. meter (pounds per acre)
Virgin Wood Cellulose Fiber Mulch
35 Fertilizer (1 6-20-0) Ammonium (60) 7 Binder (1)
(2000) 225
Per Mfg. Recommendation Green Colorant
Per Mfg. Recommendation Wetting Agent
Phosphate Sulfate, Plus 15% Soil Sulfur (300)
(1) Required to be incorporated only when applied between the months of Nov. through Feb.
@ Revised 911 1/00 Contract No. PKS02-04 Page 73 of 83 Pages
.-
e
c
SUPPLEMENTAL PROVtSlONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 3, CONSTRUCTION METHODS
SECTION 300 - EARTHWORK
300-1 CLEARING AND GRUBBING
Add the following:
300-1.1 General. Clearing and grubbing shall consist of clearing natural ground surfaces of all trees, shrubs, vegetation and objectionable materials within the limits of construction in accordance with the provisions of Section.300-1, ‘Clearing and Grubbing,’’ of the Standard Specifications and in accordance with the plans with these Special Provisions and as directed by the Engineer.
- Clearing and grubbing shall also include the removal, relocation, adjusting, or salvaging of all facilities so indicated on the plans which are not designated as separated bid items or which are not included in other bid items.
In addition to the above items, clearing and grubbing shall include, but not limited to the following items as shown on the plans or specified in these Special Provisions:
e
” Removal of trees, shrubs, stumps, trash, whether or not specifically indicated on the plans or
otherwise shown to be protected or relocated.
Minor grading for swales and drainage control.
Furnishing and applying water.
Dust control.
Maintenance of project appearance.
Control of water and dewatering during construction.
Clean up of project upon completion of work.
Replacement of all existing landscaping (including the replacement of plant materials and irrigation
system damaged during construction).
Protection of utilities, irrigation systems, sprinkler, hose bib, etc. trees, fences, walls and other facilities within the construction zone, except those specifically shown on plans or directed by the Engineer to be removed or relocated.
The Contractor shall protect all existing structures or facilities which are adjacent to, or fall within, the limits of the work to be done under this contract in accordance with Section 7-9 and 300-1 of the
show or these Specifications indicate to be protected. Any structure or facility to be protected which
is damaged as a result of the Contractor, shall be repaired or replaced at his cost, to the satisfaction
e
-
-
.,+ Standard Specifications. This item shall also include those structures and facilities which the plans -
- of the Engineer.
-
Revised 911 1/00 Contract No. PKS02-04 Page 74 of 83 Pages
I
c
The Contractor shall remove and transport debris and rubbish in a manner that will prevent spillage
on streets or adjacent areas. Clean up of spillage will be at the Contractor’s expense.
All material removed from the site shall be disposed of at the Contractor’s expense at a site
approved by the Engineer.
Add the following:
300-1.4 Payment. Unless otherwise specified, compensation for clearing and grubbing shall be
paid for at the lump sum contract price and no additional compensation will be allowed. Payment
shall include full compensation for furnishing all labor, materials, tools, equipment and doing all work
involved in clearing and grubbing as specified.
300-2 UNCLASSIFIED EXCAVATION
Add the following:
300-2.1 General. Unclassified excavation for construction of stairway and walkway and related
items shall be in accordance with the provisions of Section 300-2 of the Standard Specifications and
these Special Provisions. Suitable material removed as a result of this operation shall remain on the
site and be utilized by the Contractor for the construction of fills and embankments. Fills and
embankments shall conform to the provisions of Section 300-4 of the Standard Specifications and
these Special Provisions.
Compaction of soil or soil-rock fill shall be accomplished by sheepsfoot or segmented-steel wheeled
rollers, vibratory rollers, multiple-wheel pneumatic tired rollers, or other types of acceptable
compaction equipment. Equipment shall be of such a design that it will be capable of compacting
the soil or soil-rock fill to the specified relative compaction at the specified moisture content.
Prior to placing fill, the exposed ground surface should be scarified, moisture conditioned as
necessary, and compacted. Fill soil may then be placed and compacted in layers to the design finish
grade elevations. The layers should be no thicker than will allow for adequate bonding and
compaction. All fill (including scarified ground surfaces and backfill) should be compacted to at least
90 percent of maximum dry density at optimum moisture content or up to a maximum of 3 percent
over optimum, as determined by ASTM Test Procedure D1557-91. As fill operations proceed,
penching into the existing slope should be performed to abut compacted fill against competent
material.
In general, the onsite soils are suitable for reuse as fill if free form vegetation, debris, and other
deleterious matter. Surficial soil deposits were generally very moist and may require drying and/or
mixing with drier soils prior to reuse as fill.
Soil fill, as defined in these specifications, shall be placed by the Contractor in accordance with the
following recommendations:
In general, the soil fill shall be compacted at a moisture content at or above the optimum moisture content as determined by ASTM Dl 557-91.
When the moisture content of soil fill is below that specified by the Engineer, water shall be added by
the Contractor until the moisture content is in the range specified.
When the moisture content of the soil fill is above the range specified by the Engineer or too wet to
achieve proper compaction, the soil fill shall be aerated by the Contractor by blading/mixing, or other
satisfactory methods until the moisture content is within the range specified.
Revised 911 1/00 Contract No. PKSO2-04 Page 75 of 83 Pages
7 Modify the first paragraph as follows:
301-1.7 Payment. Payment for subgrade preparation shall be included in the contract bid price for - “Unclassified Excavation and Disposal” and shall include all labor, materials; including water,
operations and equipment to scarify, adjust moisture, compact or recompact the subgrade, both in
cut areas and in fill areas, and no further compensation will be allowed. - SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION
303-1 CONCRETE STRUCTURES
c
303-1.1 General (Add the following paragraphs):
Concrete structures shall conform to the provisions of the Standard Specifications as modified by - San Diego Regional Standard Drawings and herein. Use Type II Cement.
Reinforcing steel shall be Grade 60 billet steel conforming to ASTM A615. Reinforcing steel shall be
7 epoxy coated per Section 303-1.7.1.
The Contractor shall furnish all labor, tool, and materials to construct reinforced Portland Cement
Concrete structures and appurtenant work to grades and dimensions shown on the Plans or staked
in the field. The Contractor shall submit method for placement of P.C.C. for the Engineer’s approval,
at least 10 working days prior to commencement of work.
I
- 303-1.3 Forms. (Add the following paragraphs):
Forms shall be braced to withstand the pressures developed and shall be tight to prevent the loss of
c mortar. Formed wall surface shall be free of any unevenness greater than $4 inch when checked with
” a 1 O-foot straight edge.
Concrete in walls with side slopes flatter than %:1 shall be placed on suitable material which has
been overfilled, compacted and trimmed to true grade. Backforms shall be used where the slide
slope is %:1 or steeper.
A clear non-staining form release agent, which will not discolor nor affect the surface texture of the
concrete and does not react with any ingredients of the concrete shall be used. The cost of
furnishing and placing form release agent shall be included in the cost of portland cement concrete.
303-1.7.1 Epoxy-Coated Reinforcement.
All new bar reinforcement shall be epoxy coated.
Epoxy-coated reinforcement shall conform to applicable provisions in Section 201 -2, “Reinforcement for Concrete,” of the Standard Specifications and Section 201-2.4.5 of these special provisions.
Epoxy-coated reinforcement shall be covered with an opaque polyethylene sheeting or other suitable
protective material to protect the reinforcement from exposure to sunlight, salt spray and weather.
For stacked bundles, the protective covering shall be draped around the perimeter of the stack. The
covering shall be adequately secured; however, it should allow for air circulation around the
reinforcement to prevent condensation under the covering. Epoxy-coated reinforcement shall not be
stored within 1,000 feet of ocean or tidal water for more than two months.
Revised 9/11/00 Contract No. PKS02-04 Page 77 of 83 Pages
- - SECTION 304 - METAL FABRICATION AND CONSTRUCTION
7 Add the following section: 304-7 Aluminum Handrails. Aluminum handrails shall be installed by field crews specializing in the
installation of architectural metals for a minimum of five years. Handrails shall be installed in sleeves
during concrete step construction. Handrail shall be secured in sleeves with quick drying concrete
cement “Pour Rock” or approved equal. Color to match surrounding concrete. -
Work shall be performed in accordance with the plans, these special provisions, and approved shop
drawings by workman experienced in fabrication and erection of architectural railings. All pipe cuts
must be square and without burrs. Posts shall be uniformly spaced and must not exceed the
maximum post spacing shown on the bid documents. Embedded anchors, inserts, and blockouts
shall be provided by the railing subcontractor and shall be set by the general contractor.
304-7.1- Measurement and Payment. The contract unit price shall be measured horizontally and
vertically per linear foot of aluminum handrail and shall include full compensation for furnishing all
labor, materials, tools, equipment and incidentals, shop drawing details, and for doing all the work
involved in field coordination, sleeve placement, handrail construction, installation, and no other
compensation shall be made therefore.
SECTION 310 - PAINTING
F Add the following section:
310-6 Concrete Sealant. Sealing concrete surfaces shall consist of cleaning and placing a sealant
special provisions. The concrete sealant shall comply with Section 210-6 “Concrete Sealant,” of
these special provisions.
- on new concrete surfaces including stairway treads and landing platforms as specified in these
Cleaning shall remove all dirt, sand, debris and other deleterious material.
After cleaning, the concrete surface shall be air blown to remove loose surface materials. The
concrete surface shall be dry when sealant is applied.
Concrete sealant shall be applied only during periods of weather as recommended by the
manufacturer, except that the sealant shall be applied only when the atmospheric temperature is
between 40°F and 100°F when wind velocity is less than 5 miles per hour. The application of
concrete sealant shall conform to the manufacturer’s recommendations.
One flood coat of sealant shall be applied to the concrete surface at the coverage rate of
approximately 100 square feet per gallon. The sealant shall be applied using an airless sprayer with
20 psi pressure, maximum. The sprayer shall be equipped with a calibrated pressure gauge showing
the pressure during the spraying operation. For small areas, if approved by the Engineer, rollers may
be used to apply the sealant.
Approximately 24 hours after placement of the concrete sealer, the Contractor shall uniformly
dampen the treated concrete surface using a fine water spray. The spray shall be sufficient to
completely wet the surface without causing excessive runoff.
‘” Five days after sealant application the Contractor shall spray sealed concrete surfaces with a fresh
water spray to verify sealant coverage. Surfaces determined to lack sufficient sealant coverage shall
be resealed. -
- @ Revised 911 1/00 Contract No. PKS02-04 Page 79 of 83 Pages
Bid Alternate No. 1
Composite Drains
Provide all labor and materials to install 12 inch composite drains for all collector drains running
diagonal to field. Drains are to terminate into H.D.P.E. perimeter pipe (sizes as shown on plan).
Location of drains to be the same as shown on plans for H.D.P.E. collector pipe drains.
Composite drains to be J-Drain @SW D-12 or approved equal.
The drains shall be secured in place, every 10 feet with heavy duty tape prior to placement of
permeable aggregate over them.
The above specification shall include the entire project as outlined but with the composite drain, bid
instead of the HDPE perforated collector drain.
Revised 911 1/00 Contract No. PKS02-04 Page 81 of 83 Pages
Bid Alternate No. 2
c
cc
c
All rubber in-fill synthetic turf system with supplemental secondary lower fiber layer
Secondary lower fiber layer: The secondary pile yarn shall be extruded, outdoor stabilized nylon 6.6 ribbon used with the synthetic
turf specified. The nylon bottom fiber shall possess the following characteristics:
1. Fiber type Nylon 6.6
2. Denier Minimum 41 5
3. Fiber shape Monofilament, diamond cross section: highly texturized
4. Pile Ribbon Weight Minimum 1 Ooz per square yard
The synthetic pile fabric which has the above secondary pile yarn attached to the same base backing
shall possess the following characteristics:
1. Finished Pile Height 2.1” - 2.5
2. Pile Yarn Weight (total) 43oz. per square yard
3. Double Primary Backing Fabrics
a. woven polypropylene 30Z. per square yard
b. non-woven polypropylene
with fiberglass reinforcement 2.50~. per square yard
4. Secondary Elastomeric Coating 14-1 8 02. per square yard
5. Fabric Width 1 5’
6. Tuft Bind Strength >10lbs.
7. Grab Tear Strength >250 Ibs.
8. Pill “Burn” Test Pass (with filling)
The above materials/specifications shall include the entire turf project as specified but using the
alternate synthetic turf material as specified herein.
a Revised 911 1 100 Contract No. PKS02-04 Page 82 of 83 Pages
Bid Alternate No. 3
Shock Absorbing Underpad
The installed pad shall be an elastomeric foam cushion at least 5mm thick, composed of open and
closed-cell polyurethane foam for environmental stability. Pad shall be oven cured. The pad is to be
factory perforated with approximately 3/16 inch diameter holes on 9 inch centers. Pad shall be
installed on-site with sewn seams to create a monolithic shock-absorbing underpad shall possess
the following physical characteristics:
1. Thickness 5mm+/- 0.09
2. Density 20 PCF
3. 25% compression resistance 6.5 psi 4. Tear strength 8lbs/inch
5. Shock absorbancy (ATSM F355 Method A) 11 5 G’s (with infill turf system)
e Revised 9/11/00 Contract No. PKS02-04 Page 83 of 83 Pages
c
c
SECTION 1
IN-FILLED SYNTHETIC TURF' SURFACING
PART 1 - GENERAL
1.01 SCOPE OF WORK
A. Scope of work to include all labor, material, equipment, transportation and services to
install complete new vertical draining in-filled synthetic turf surfacing system for the
designated field area. System to be as herein specified including, but not specifically
limited to the following:
1. Review and acceptance or certification of the permeable aggregate base as it applies
to installation of turf system, permeability and warranty implementation.
2. Installation of complete vertical draining synthetic turf surfacing system.
3. Installation of all inlaid or tufted (as applicable) field lines and markings.
4. Provide extra turf materials to the Owner for future repair and protective purposes
5. Provide all appropriate maintenance and repair manuals and warranty package to
Owner.
" 1.02 PRE-APPROVED VENDORS
A. The following options are pre-approved for the In-filled Synthetic Turf systems for the
synthetic turf field:
1. Astro Play Southwest Recreational Industries, (800) 233-5714
2. FieldTurf SporTech, (503) 697-4020 3. SprinTurf SprinTurf, (610) 260-0600
B. All vendors that are not pre-approved shall submit a substitution request. The
substitution request must be submitted a minimum of 10 days prior to the bid opening.
Substitution requests must include the following information for evaluation by the Owner
and Project Architect.
1. Vendor Background and Experience: Describe your firm's history. Include
information identifying the firm's annual volume and the fm's stability in the
marketplace. Also include the firm's record relating to installation schedules and
performance. Provide additional information regarding local representation, and
post-installation support.
2. Product Manufacturer Background and Experience: Describe the history and
experience of the product including years of experience and a count and listing of
California, North American and worldwide synthetic turf field installations. The list
shall include field locations, client, client contact names, address, telephone, material
installed, date of installation, and general contractor (if any).
c
Poinsettia Park City of Carlsbad
H:\Forms\PKS Specs for Synthetic Turf Page 1 of 14
In-filled
SectionL Synthetic Turf Surfacing
3. Product Installer Background and Experience: Describe the history and experience
of the product installer with this specific product including years of experience and a
count and a listing of field installations. The list shall include field locations, client,
client contact names, address, telephone, material installed, date of installation, and
general contractor (if any). If the installer is not the manufacturer or vendor of the
product, describe the experience the installer has with this specific product.
4. Product Samples: Provide the following samples with the substitution request:
1. Two 8” x 12” samples each of green turf without infill material showing
2. Two 8” x 12” samples each of turf with the infill material.
3. Two samples of the proposed In-fill material.
backing with perforations.
5. Product Specification: Provide specification for the proposed synthetic turf product.
Not any required deviations from the In-filled Synthetic Turf Technical
Specifications included in this section.
6. Product Performance: The samples submitted with the proposal will be reviewed and
evaluated. As a supplement to samples, provide a written description of the
following performance criteria for the proposed synthetic turf surfacing system:
1. Abrasive characteristics
2. Weekly, Monthly, and annual Maintenance Requirements
3. Playability for Football and Soccer
4. Wet and Dry Traction
7. References: Supply a minimum of three references, including contact name and
telephone number, for other installations of this product in the Western States.
1.03 MINIMUM QUALIFICATIONS
A. Manufacturer of the synthetic turf system have produced a minimum of ten (10)
successful in-filled synthetic turf football or soccer fields of full size within the past three
(3) years.
B. Installer of the synthetic turf system must have installed a minimum of five (5) SUCCeSSfUl
in-filled synthetic turf football or soccer fields of the same manufacture and of full size
within the past three (3) years.
1.04 RELATED WORK SPECIFIED IN OTHER SECTIONS
Section 2 Synthetic Turf Subsurface Construction
Poinsettia Park City of Carlsbad H:\Forms\PKS Specs for Synthetic Turf Page 2 of 14
SectionL
In-filled Synthetic Turf Surfacing
1.05 STANDARD SPECIFICATIONS
A. The .National Federation of State High School Association Soccer Rulebook (latest
edition);
edition).
B. For standards: Applicable American Society for Testing Materials (ASTM), (latest
1.06 POST AWARD SUBMITTALS
A. Shop Drawings: Within 15 calendar days after issuance of Notice to Proceed, submit to
the Project Manager five (5) copies of complete and detailed drawings showing all
component parts of the synthetic turf system. The shop drawings shall be drawing to
scale (1'' - 30' minimum) and shall include:
1. edging details
2. insert details including backing materials
3. seam details
4. seam layout
5. gluing patterns
6. dimensional shop drawing for all field lines, markings and boundaries
B. Synthetic Turf Samples: Within 15 calendar days after issuance of Notice to Proceed
submit to Project Manager:
1. Two 24" x 24" samples each of green turf showing backing with perforations.
2. Two 24" x 24" samples each of turf showing method of seam makeup with
3. Two 6" x 12" samples each of the other colors proposed for use on the field for
4. Two 2-pound samples of the proposed In-fill material.
perforations. One sample to have example of inlaid lines.
lines and markings.
C. Manufacturer's Specifications and Warranty:
1. Within 15 calendar days after issuance of Notice to Proceed submit to the Project
Manager five (5) copies of each of selected manufacturer's material
specifications and installation instructions. Include detailed specifications of
manufacturer's provisions for achieving permeability, stating rate in infiltration
and permeability in inches per hour of system materials for the vertical draining
system.
2. Within 15 calendar days after Notice to Proceed, submit to the Project Manager
five (5) sample copies of warranty package herein specified for review.
D. Testing and Quality Control: Within 15 calendar days after issuance of Notice to
Proceed, submit to the Project Manager the following test results for the system specified.
an independent testing laboratory experienced with testing of synthetic turf or carpeting
materials shall certify these tests.
Applicable minimum material ASTM tests:
Poinsettia Park City of Carlsbad
H:\Forrns\PKS Specs for Synthetic Turf Page 3 of 14
Section1. In-filled Synthetic Turf Surfacing
.-
1. Dynamic Cushion Test - ASTM F355, Procedure A (system); ASTM F355
procedure A at the 24“ drop.
2. Yarn and fabric characteristics plus pad composition and performance.
3. Pill Burn Test - ASTM D2859
E. Maintenance and Operation Data:
1. Prior to acceptance and/or occupancy by the Owner, furnish to the Project
Manager five (5) copies in hand cover form of maintenance and operating
data with imprinted Project, Owner, Project Manager, Contractor and Turf
Subcontractor names, and date of turf system installation.
2. In addition, provide the descriptions of any equipment recommended for
maintenance and repair, citing specific vendors for each unit.
3. Use and Limitations - Provide a separate page stating approved activity
usage for the turf and the activities not recommended relative to warranty.
4. Index - Index with tab dividers for data as follows: Materials installed with
their characteristics; General maintenance; Small repair procedures; Minor
seam repair; Discussion of precautions, general maintenance, and uses to
avoid to protect turf surface and to maintain installation’s warranty. -
1.07 PREXHIPMENT SUBMITTALS -
A. Prior to shipment of the synthetic turf materials to the job site, synthetic turf material
c from every fourth roll shall be randomly sampled and the tested by an independent testing
I laboratory experienced with testing synthetic turf materials for the following:
” Item ASTM Provertv
1. FTIR Spectrograph Pile Composition
2. D418 Pile Weight
3. D418 Total Weight
4. D418 Pile Height
6. Dl335 Tuft Bind (without infill)
7. Dl682 Grab/Tear Strength
5. Backing Perforation Diameter and Spacing
1.08 CERTIFICATION OF THE BASE
A. The Synthetic Turf Surfacing Contractor shall furnish to the Owner, prior to the synthetic
turf installation , a written certification of the acceptability by the turf vendor of the
permeable aggregate base for installation and warranty validation.
1.09 TURF SYSTEM HOLD HARMLESS
A. The Contractor and their synthetic turf subcontractor shall hold the Owner, Project
Manager and Field Engineer harmless from infringement of any current or future patent
issued for the synthetic turf surfacing system, installation methods and vertical draining
characteristics.
Poinsettia Park City of Carlsbad H:\FormsWKS Specs for Synthetic Turf Page 4 of 14
In-filled Synthetic Section& Turf Surfacing
c
c
1.10
A.
B.
1.11
A.
B.
C.
WARRANTY OF SYNTHETIC TURF
Warranty shall cover, in general, the usability of the turf surface, accessories, use
characteristics, and suitability of the installation. All items covered by warranty are to be
replaced or repaired with new materials, including installation at the sole expense of the
warranting contractor for the period of eight (8) years to the Owner, for thedesignated
uses enumerated as follows:
1. Soccer
2. Baseball
3. Softball
4. Football
5. Marching band
6. Physical exercises
7. Physical education activities
8. Lacrosse
9. Field Hockey
10. Rugby
1 1. Pneumatic rubber-tired maintenance and service vehicles
12. Pedestrian traffic and other similar uses
13. Military marching drills
A principal of the applicable firm, duly-authorized to make contracts, shall sign the turf
vendor warranty. If the turf vendor is not the manufacturer, the manufacturing firm shall
also sign the warranty. The term “ Contractor’’ contained herein means the firm
furnishing warranty. “Owner”, is the City of Carlsbad. Warranty period shall be a
minimum of eight years from date acceptance of the installed system by the Owner.
WARRANTY OF SYNTHETIC TURF
Contractor hereby warrants to Owner, subject to the limitation and conditions set forth
below, that its synthetic turf system consisting of synthetic turf described as
and the adhesives used in the installation, is free from defects in material and
workmanship and shall, for a period of eight years from the date of acceptance by Owner,
remain serviceable for multiple sports activities.
Contractor warrants to the Owner that it’s synthetic turf materials shall not fade, fail,
shrink, wrinkle, or reflect excessive wear. Contractor shall, at their sole expense and
cost, replace such areas of the synthetic turf system not performing to these standards for
the life of the warranty.
Definitions:
1. The term “not fade” in the context of this warranty shall mean that the synthetic turf
materials shall remain a uniform shade of green, or other colors installed, with no
significant loss of color.
2. The term “not fail” or “excessive wear” as used in the context of this warranty shall
mean that the length and weight of the face yarn or pile material in the synthetic turf
surface shall not have been decreased by more than 10% per year according to
ASTM D418, nor exceed 50% during the warranty period. In the event that the
synthetic turf system does not retain its fiber height or shock absorbency and is
Poinsettia Park City of Carlsbad H:\Forms\PKS Specs for Synthetic Turf Page 5 of 14
In-filled Synthetic Section1. Turf Surfacing
D.
E.
F.
consequently no longer serviceable during the warranty period, the Contractor shall,
at their sole expense, replace such portion of the system that is no longer serviceable.
3. The term “serviceable” in the context of this warranty shall mean that the synthetic
turf system shall have a maximum “G’ value according to ASTM F1936-98 and
Procedure A, ASTM F355, not to exceed 130Gs at any location upon installation and
shall not exceed 175Gs thereafter throughout life of the warranty period. This shall
be determined by conducting dynamic cushioning tests at the locations designated in
ASTM F1936-98 and at corners of the soccer penalty boxes at opposite sides of the
field. any increase from 130Gs to allowable 175Gs maximum shall be at a relative
uniform rate not to exceed 15Gs in any single yearly period.
Where applicable, the fabric seams shall remain attached to the underlying surface over
the warranty period and shall not separate or become unglued or un attached , as
applicable.
Contractor warrants to the Owner that the permeable synthetic system shall drain
vertically a minimum of (8) eight inches precipitation per hour without visible surface
ponding.
Contractor shall replace with new materials, at their sole expense, any damage to the
synthetic turf system that extends more than 3 feet beyond the location of foreign
combustibles, which may ignite and fire-damage the synthetic turf system. The
Contractor shall not be held liable for any incidental or consequential damages. These
warranties and the Contractor’s obligations here-under are expressly conditioned upon;
1. The Owner making all minor repairs to the synthetic turf system upon the discovery
2. The Owner maintaining and properly caring for the synthetic turf system in
3. The Owner complying with the dynamic and static load specifications established by
of the need for such repairs;
accordance with the Contractor’s maintenance manual and instructions;
the Contractor.
The warranty is not to cover any defect, failure, damage or undue wear in or to the
synthetic turf system caused by of connected with abuse, neglect, deliberate acts, acts of
God, casualty, static or dynamic loads exceeding Contractor’s recommendations,
footwear having metal cleats, spikes, or similar projections other than conventional
baseball, football, soccer, or rugby shoes having cleats of not more than Vi” in length, and
other conventional running track shoes having spikes of not more than Vi” in length, or
use of improper cleaning methods.
Contractor shall be allowed to examine the synthetic turf system regarding any claim that
the Owner makes to be present at any time, to analyze the results of all tests conducted by
the Owner or others, and to conduct such tests of their own. Contractor shall not be
responsible for any costs or expenses incurred by the Owner or others with respect to
such tests, except the Contractor shall pay for costs of all tests and analysis conducted for
directed by their representative.
In the event the Contractor does not respond to the Owner’s written notice within 10 days
of receipt of notice or dies not submit, schedule and execute corrective work within 30
days, the Owner has the option of having the work performed at the expense of the
Contractor.
Poinsettia Park City of Carlsbad H:\Forms\PKS Specs for Synthetic Turf - Page 6 of 14
Section1. In-filled Synthetic Turf Surfacing
c
c
J. Sample form of warranty herein set forth is a suggested form for use for the work under
this section. Manufacturer’s standard form of warranty may be used provided conditions
specified are incorporated. All claims by the Owner under this warranty must be made in
writing to Contractor’s address at within 30 days after the
Owner learns of the defect giving rise to the claim. This warranty shall constitute a
contract made in the State of California and shall be governed by the laws therof.
1.12 WARRANTY TESTING
A. The turf is to be tested for dynamic cushioning (“G” Test) by a licensed testing laboratory
acceptable to the Engineer or Owner at the completion of the installation shortly prior to
acceptance inspection by the Ownermngineer, at the anniversary date of the second year
and 60 days prior to the anniversary date of the warranty expiration. If conditions of the
Specifications and/or Warranty are not met, the Contractor has the option of corrective
work or replacement. In the event corrective work dies not meet the requirements of the
Specifications after a second attempt to bring the system within these limits, then the
Contractor is to replace non-conforming areas or sections solely at the Owner’s discretion
and direction.
B. Tests are to be performed in accordance with ASTM F-1936-98 and F355
C. Test locations as designated in F-1936-98, Paragraph 8.1. Included in the report shall be
the measured depth of the infill material at all test locations. -
c D. All costs for the stated testing are to be paid for by the Contractor.
PART 2 - MATERIALS
2.01 GENERAL
A. In-filled synthetic Turf: The turf system shall be a verticaldraining permeable synthetic
turf system. The turf system shall consist of a synthetic grass like surface pile, which
shall be tufted into a synthetic backing.
B. The entire system shall be resistant to weather, insects, rot , mildew, and fungus growth,
and be non-allergenic and non-toxic. The entire system shall be constructed to maximize
dimensional stability, to resist damage and normal wear and tear for its designated use,
and to minimize ultraviolet degradation.
C. AI adhesives used in bonding the system together shall resistant to moisture, bacterial and
fungus attacks, and resistant to ultraviolet rays at any location upon installation.
2.02 DYNAMIC CUSHIONING REQUIREMENTS
- A. The dynamic cushioning of the system shall not exceed a maximum value of 13OGs per - ASTM, F1936-98 snf ASTM, F355, procedure A at any location upon installation.
Poinsettia Park City of Carlsbad H:\Forms\PKS Specs for Synthetic Turf Page 7 of 14
SectionL In-filled Synthetic Turf Surfacing
c ~-
2.03
-
A. -
2.04
c A.
2.05
A.
- B.
cc - 2.06
A.
B.
C.
D.
2.07
A.
B.
C.
PERMEABILITY REQUIREMENTS OF THE SYNTHETIC TURF
SYSTEM
The system shall drain vertically a minimum of 8 inches precipitation per hour without
visible surface ponding.
SYNTHETIC TURF PILE SURFACE
The pile surface shall provide good traction in all types of weather with the use of
conventional “sneaker-type shoes” and composition, molded-sole athletic shoes. The pile
surface shall be suitable for both temporary and permanent line markings using rubber-
base paint where applicable.
SYNTHETIC TURF FABRIC SURFACE
The fabric surface shall be constructed and installed in a minimum of 15-foot widths with
no longitudinal or transverse seams, except for head or tee seams at field boundaries and
inlaid lines within a finished roll assemble. The seams shall be 15’-0” spacing. Rolls
that do not lay evenly and with full dimension width will be rejected. No fitted pieces
will be allowed to true alignment.
The color shall be uniform with no visible deviations in shade permitted. Rolls that do
not meet this requirement will be rejected.
SYNTHETIC TURF SYSTEM MATERIAL COMPONENTS
Pile fibers shall resemble freshly-grown natural grass in appearance, texture and color.
Pile surface shall be nominally uniform in length for all portions of the field
Fabric backing for the in-filled synthetic turf system can be loose laid and anchored at the
perimeter of the fields as shown in the details or adhered to the base.
All turf seams shall be cemented with a supplemental backing material or sewn with high
strength polyester fiber cord or nylon. For cemented seams, use either open graded nylon
or polyester scrimhacking material or non-permeable backing with perforations in
accordance with paragraph 2.07 of this section. Perforations shall be drilled from the
surface after the adhesive has set.
SYNTHETIC TURF PERFORATIONS
Synthetic turf with tufted fibers and a coated backing must include perforations in the
backing for vertical drainage.
Perforations in turf backing to be a minimum of 3/16” diameter clear opening and shall
be spaced a maximum of 4” uniformly on-center.
The turf shall be perforated with a minimum of 95% integrity over the entire surface.
Holes must be full diameter, completely through the underside of the turf backing with no
material residue or fragmented fibers remaining.
Poinsettia Park City of Carlsbad H:\Forms\PKS Specs for Synthetic Turf Page 8 of 14
In-filled Synthetic Section& Turf Surfacing
D. Project Manager shall approve the turf perforations prior to shipment, upon shipment
onsite, or during on-site perforating operations as applicable.
E. If a permeable backing is utilized perforations are not required. Certified independent
test results indicating a minimum drainage rate of 12 inches per hour must be provided.
2.08 LINES AND MARKINGS
-.
A. A complete field lining, marking and field boundary system shall be provided with the
initial installation of the surfacing system. Layouts shall be accurately surveyed and
marked prior to installation.
B. All lines, numbers and field markings are to be tufted in or installed as synthetic turf
inlays. Wherever possible, lines shall be tufted into the turf panels in lieu of inlays. All
markings shall be uniform in color, providing a sharp contrast with the turf color, and
shall have sharp and distinct edges. Markings shall be true and shall not vary more than
7/32” from specified width and location.
C. Manufacturer is to guarantee that synthetic turf is adaptable to painted lines in the event
painting is utilized in the future.
c
D. For cemented seams, use either open graded nylon or polyester scridbacking material or
non-permeable backing with perforations in accordance with paragraph 2.07 of this - section. Perforations shall be drilled from the surface after the adhesive has set.
“
E. Minimum Lining and marking Requirements: All lines, numbers and field markings are
to be tufted or installed as synthetic turf inlays without the use of paint.
Soccer Field: All playing field boundaries, lines and position symbols shall be 4“ wide,
white color. Provide center 9’ diameter spot.
2.09 MINIMUM SPECIFICATIONS FOR SYNTHETIC TURF SYSTEM
MATERIALS
A. The minimum material will be verified and enforced and will be the basis for Owner’s
testing. Material that fails to meet these minimum specifications will be rejected. The
material specifications in this section are minimums. The manufacturer5 of the synthetic
turf fiber and fabric may elect to exceed these specifications to insure compliance with all
requirements and the warranty as specified in this section.
B. Pile Yarn shall be textured 100% polyethylene athletic quality yam designed specifically
for outdoor use and stabilized to resist the effects of ultra-violet degradation, heat, wear,
water and airborne pollution.
Poinsettia Park City of Carlsbad
H:\FomsWKS Specs for Synthetic Turf
Page 9 of 14
SectionL In-filled Synthetic Turf Surfacing
" Item ASTM Property Minimum Specifications
1. Dl577 Yarn Denier 8,000 - 11,OOO
2. D2256 Yarn Breaking Strength 1.2 gmadenier 3. D2256 Yarn Elongation 9% to break
4. D789 Yarn Melting Point 240"
C. Fabric Composition: Shall consist of slit film texturized 100% polyethylene yam tufted
into polypropylene backings coated with high-grade latex or urethane to assure suitable
tuft bind strength, dimensional stability, and long-term wearing properties.
The following minimum specifications shall apply to the synthetic turf systems that
utilize sand and rubber infill materials
" Item ASTM ProDerty Minimum SDecifications
1. D418
2. D418
3. D418
4. D418
5. D418
6. Dl335
7. Dl682
8. D2859
Pile Weight
Primary Backing
Back Coating
Total Weight
Pile Height
Tuft Bind (without infill)
Grab/Tear Strength
Pill Burn Test
330dsq yard
7odsq yard total
180dsq yard
58 odsq yard
8 lbs.
200 lbs.
Pass
2.30" - 2.60"
The following minimum specifications shall apply to the synthetic turf systems that
utilized all rubber infill material. The pile weights listed are minimums for the
polyethylene yam only and do not include any supplemental fibers of other composition.
" Item ASTM ProDerty Minimum SDecifications
1 D418
D418
2. D418
3. D418
4. D418
5. D418
6. Dl355
7. Dl682
8. D2859
Pile Weight (w/o supplemental fibers)
Pile Weight (with supplemental fibers)
Primary Backing
Back Coating
Total Weight
Pile Height
Tuft Bind (without infill)
Grabnear Strength
Pill Burn Test
35odsq yard
30od sq yard
7odsq yard total
220dsq yard
62od sq yard
10 Ibs.
175 lbs.
Pass
2.10" - 2.50"
D. Color of synthetic turf to be Green as approved by Owner with white as called for in
section 2.08 for the lines and markings. The fiber used for the lines and markings shall
be of the same composition as that used for the green field areas. - 2.10 INFILL MATERIAL
A. The Infill material shall be either a combination of sand and rubber or rubber as
recommended by the Vendor. The maximum sand content shall not exceed 55% by -
Poinsettia Park Clty of Carlsbad H:\FormsWKS Specs for Synthetic Turf Page 10 of 14 - Section1.
In-filled Synthetic Turf Surfacing
c
volume. The exact in-fill material ratio may be altered to provide strength, shock
attenuation, and to provide permeability by the vendor/installer as approved by the
Project Manager.
B. Sand to be natural quartz, a minimum of 80% rounded, compaction resistant, washed and
dried. The sand gradation shall meet the following wet sieve analysis:
Sieve Size
#8
#16
#20
#30
#40
#50
#lo0
#200
% Passing;
100
100
90-100
35-65
0-20
0-5
0- 1
0-.05
C. Rubber shall be SBR free of any tire cord material. The rubber granules shall be a
minimum of 80% cryogenic and a maximum of 20% ambient. The infill material
gradation shall meet the following size requirements.
2.0-1.5 IWTI 0%-100%
1.5-1.0 IWTI 30%-80%
1.0-0.5 mm 30%-80%
0.5-0.0 0%-5%
D. Infill material shall be applied in a dried condition when the turf is dry. j It shall be
applied in uniform layers effectively dragged to distribute the material uniformly to the
backing of the turf.
PART 3 - EXECUTION
3.01 CERTIFICATION OF FIELD BASE INSTALLATION
A. The Contractor or the Contractor’s subcontractor shall perform an inspection of the
permeable aggregate and submit written certification of acceptance of the base for the
installation of the synthetic turf system.
B. Summary of certification shall include, but not be limited to:
1. Acceptance of the base construction “finish surfaces” as totally suitable for the
2. Verification and certification of the infiltration and permeability rates of the
application of work specified under this section.
permeable aggregate as applying to the warranty.
C. All discrepancies between the required materials, application and tolerance requirements
noted by the turf installer shall be brought immediately to the attention of the Contractor
and the Project Manager. Failure of the turf installer to immediately inform the
Contractor and the Project Manager of any prior work that does not meet the required
specifications will result in the turf installer being required to perform any work needed
to bring the base to acceptable condition.
Poinsettia Park City of Carlsbad H:\Forms\PKS Specs for Synthetic Turf Page 11 of 14
SectionL In-filled Synthetic Turf Surfacing
3.02 INSTALLATION
A. Perform all work in strict accordance to the drawings, shop drawings and manufacturer’s
B. Verification: The Contractor is responsible for inspecting, verifying, and accepting all
C. Environmental Conditions: Do not apply adhesive materials or infill material when:
specifications and instructions.
installed work of this section.
1. Ambient air temperature is below 50 degrees F.
2. Material temperatures are below 50 degrees F.
3. Rain is falling or pending
4. Conditions exist, or are pending, that will be unsuitable to the installation of the
1. Accept base onto which the synthetic turf surfacing system and the anchoring
2. Immediately prior to application of the synthetic turf, the base shall be
system
D. Preparation:
system are to be applied, as specified above.
thoroughly cleaned of all foreign material, soil, or any other substances that may
be detrimental to permeability and the installation of the turf system.
3.03 INSPECTION OF MATERIALS
A. Prior to installation, and immediately upon delivery of synthetic turf system materials to
the project site, the Synthetic Turf Surfacing Contractor shall inspect material as follows:
1. For damaged or defective items;
2. Measure turf pile height and thickness of each roll;
3. Measure backing perforation diameter and spacing;
4. Reject damaged materials and all materials out of tolerance with this
5. The inspection must be verified and approved by the Project Manager.
specification.
A. After installation, inspect project area for acceptable seaming, adhesive bonding,
uniformity of color of turf, bubble-free surface smoothness as laid, field lines and
markings, insert installations, edge details. Remove and/or repair deficient workmanship
prior to requesting the Project Manager’s inspection pursuant to completion and
acceptance of the work.
3.04 OWNER’S TEST
A. Owner may have samples of the turf submitted and tested for verification of conformance
B. Any material so tested and found not conforming to specification will be rejected and
to specifications. Turf system acceptance is subject to the results of these tests.
replaced with material conforming to the specification at Synthetic Turf Surfacing
Contractor’s expense. Re-submittal will be required.
3.05 TURF INSTALLATION
A. Bonding of Material Surfaces: The bonding or fastening of all system material components
shall provide a permanent, tight, secure and hazard-free, athletic playing surface. System
material components include:
1. Bonding all seams an inlaid line and markings
Poinsettia Park City of Carlsbad H:\Forrns\PKS Specs for Synthetic Turf Page 12 of 14 In-filled Synthetic Section1. Turf Surfacing
c
2. Bonding and seaming must maintain their integrity for total length of warranty
period.
B. Seams (Joint)
1. All turf seams shall be cemented with a supplemental backing material or sewn
with high strength polyester fiber cord or nylon. For cemented seams, use either
open graded nylon or polyester scrimhacking material or non-permeable backing
with perforations in accordance with paragraph 2.07 of this section. Perforations
shall be drilled from the surface after the adhesive has set.
with other acceptable methods as approved by the Project Manager.
2. All comers and sharp edges for inlaid turf must be fastened by hand sewing or
3. All sewn seams shall be brushed to provide full coverage of fiber over the thread.
C. Turf Edges: Turf edges to be as shown on the edge fastening detail and specified herein.
3.06 SYNTHETIC TURF EDGE ANCHOR INSTALLATION
A. Anchor synthetic turf along the sides and ends into the concrete edge as shown in the
\
details.
3.07 LININGMARKING INSTALLATION
A. Complete field markings shall be provided with the initial installation of the surfacing
system. Provide lines and markings in conformance with these specifications. Layouts shall
be accurately surveyed and marked prior to installation.
3.08 IN-FILL INSTALLATION
A. The In-fill material shall be applied in a dry condition and when the synthetic turf is dry. The
In-fill material shall be applies in uniform layers with a minimum of 5 applications. After
application of each layer the synthetic turf shall be dragged and or brushed according to the
manufacturer’s recommendations to distribute the in-fill material uniformly to the backing
throughout the system.
surface appearance. If in Owner’s opinion more fibrillation is desired, the Synthetic Turf
Contractor shall provide additional brushing of the surface to provide the desired level or
fibrillation.
C. The in-fill materials shall have been water settled to provide accelerated consolidation of the
in-fill material prior to use by the Owner. Reclaimed water is available from quick coupling
valves at the site. The Synthetic Turf Contractor shall utilize portable sprinkler heads to
evenly apply a minimum of 1 inch of water over the entire field area for water settlement.
Upon completion of the initial water settlement, the surface will be inspected by the Owner
and Architect for footing stability and in fill consolidation. The Synthetic Turf Contractor
shall provide any additional water settling as required by the Owner and Architect to achieve
the desired level of in-fill stability and consolidation.
B. The brushing of the in-fill material shall provide fiber fibrillation resulting in a natural
3.09 CLEANING
A. Remove all excess materials of all types, equipment, debris, etc., from the site immediately
after completion of the work. Remove all stains and other blemishes from all finished
surfaces. Leave work in clean, new appearing condition, ready for use by Owner.
Poinsettia Park City of Carlsbad H:\Forms\PKS Specs for Synthetic Turf Page 13 of 14
SectionL
in-filled Synthetic Turf Surfacing
3.10 PROTECTION
A. Adequate protection of materials and work from damage will be the responsibility of the
installer during installation and until acceptance of their work. Synthetic Turf Surfacing
Contractor will be responsible for protection after the acceptance of the work until final
acceptance of all contract work by the Owner.
3.11 EXTRA MATERIALS
A. Deliver to Owner all extra materials herein specified. Receive Owner’s written receipt for all
materials. Deliver receipt to Project Manager.
B. Turf for future repairs: Material may be roll ends or cutoffs; however, each piece of fabric
shall be at least 5’ x 10’. At least one green turf piece shall be at least 10’ x 15’. The
following are minimum areas for the extra synthetic turf materials to be provided by the
Synthetic Turf Surfacing Contractor to the Owner:
Minimum Quantities:
1. Standard Green Turf:
2. White Turf
500 sf
50 If of 4” wide lines
END OF SECTION
Poinsettia ‘Park City of Carlsbad
H:\Forms\PKS Specs for Synthetic Turf
Page 140f 14
SectionL In-filled Synthetic Turf Surfacing
SECTION 2
SYNTHETIC TURF
SUBSURFACE CONSTRUCTION SPECIFICATIONS
I. ScoDe
These specifications are intended for the design and construction of a subsurface used in
conjunction with polyethelene, rubber filled turf installations. The design criteria described
herein include:
(a> Site evaluation.
(b) Bulk excavation and construction of a stable impermeable subgrade.
(c) Excavation of a perimeter drainage collector network and installation of the drainage
(dl Construction of a stable and permeable aggregate layer.
grid system.
Modifications to the design criteria described herein may become necessary depending on the
geographical location, soil conditions and county and state specifications and design practices.
The final decision for the design should be left to the local Architect, Engineer, or Geotechincal
Expert.
NOTE: Specifications incornorating specific tests to accommodate local conditions and
materials are rewired. (See Section 11)
11. Site Evaluation
The Poinsettia Park site for the turf surface; the overall soil conditions and drainage properties of
the location should be evaluated by a competent testing laboratory. Test borings should be made
at representative locations throughout the site (minimum of 9 locations).
Section 2.
The borings should be tested for the following (to a minimum of 10 feet or refusal):
(a) Soil classification at different depths.'
(b) Moisture content, by layer.2
(c) Percolation rate, by layer.3
(d) Sieve analysis, by layer:
(e) Soil unconfined compressive strength at different depth^.^
7
'ASTM Test Method D2487
c 2ASTM Test Method C566
3ASTM Test Method D2434 or D3385
*ASTM Test Method D422
c c
- Poinsettia Park City of Carlsbad
HWORMSWKS Specs for Synthetic Turf Subsurface Construction Page 1 of 7
111.
(f) Standard proctor on subbase layer6
During this initial testing, the presence of any pavement, wood, rock, ledge, water or other debris
should be reported. The laboratory and Architect, Engineer, or Geotechincal Expert should make
the final recommendation concerning the suitability of the site. Also, the Architect, Engineer, or
Geotechincal Expert should make the design recommendations for the construction.
Excavation
A single benchmark must be established prior to any excavation and maintained by a licensed
surveyor of record during the entire construction process. The site should then be excavated to a
depth per plan design. All excavated soil should, depending on its overall properties, be hauled
away or put aside for possible use as select-fill.
In the event of over-excavation, select-fill material shall be used to achieve design subgrade
elevations. Select materials shall be composed of natural materials consisting of hard, durable
particles of sand or stone together with silt andor clay material, as determined by the
Geotechnical Engineer.
The Geotechnical Engineer will determine whether the materials in the excavated areas are
suitable for use as select-fill. All unsuitable material shall be removed and all new materials shall
be approved by the Geotechnical Engineer, prior to use.
The subgrade shall be constructed using approved select-fill material. This material shall be
placed in lifts not greater than 6" in depth. Each lift (layer or course) shall be compacted
separately. The moisture in the soil, at the time of compaction, shall be uniformly distributed and
should be within 90 and 120% range of the optimum. Within these limits, the Geotechnical
Engineer will determine the proper moisture leiel to be used, by standard proctor7.
The select-fill material in the first layer shall be rolled until the course has been uniformly
compacted to a minimum 95% of the maximum density. The second and succeeding courses shall
be placed and mixed and then compacted as specified in the first course.
The finished surface of the subgrade shall have a finished grade in accordance with the Plans and
Specifications. The subgrade shall be established to within a tolerance of +O to -1/2" of the
designed subgrade elevation.
'ASTM Test Method D2166
6ASTM Test Method D698
'ASTM Test Method D698
Poinsettia Park City of Carlsbad
H:\FORMS\PKS Specs for Synthetic Turf Subsurface Construction Page 2 of 7
Section 2.
Proof roll and mark "soft spots" for additional compaction or correction. Use static tandem drum-
type roller of not less than five (5) tons weight or tandem axel dump truck with minimum 15-ton
load, maximum 20 ton. Proof roiling operations must be performed in the presents of a
Geotechnical Engineer.
Excavate perimeter drainage collector trenches 18" wide and 20" deep (minimum). The trenches
should be excavated with a minimum of 0.5% slope starting from the low point of the drainage
system at the outlet extending toward the high point(s). Design of the collector trenches should
incorporate the following:
(a) All loose debris shall be removed from the trenches.
(b) The trenches shall be backfilled using premium materials and compacted by hand
tamping (or equivalent machinery) to a minimum 95% of the maximum density.'
(c) All non-collector trenches (i.e. Electrical, water services etc.) must be backfilled using
premium materials and compacted in maximum 6" lift to a minimum 95% of the
maximum density.
IV. Under drain Svstem
Impermeable Liner
Verify surface elevations of the finished subgrade. The surface elevations must conform to the
elevations shown on Drawings.
Prior to under drain system construction, the subgrade surface is to be uniform and free of rocks,
depressions, voids, and irregularities that might damage liner. Install impermeable liner in
accordance with liner manufacture's written recommendations. Liner shall be UV resistant and
shall have the following minimum properties:
ProDerte
Appearance
Nominal Thickness
Weight per 1,000 sq.ft.
Tensile Strength
% Elongation
Grab Tensile
Tongue Tear
Trapezoid Tear
Hydrostatic Bursting Point
Mullen Burst
Puncture
Dimension Stability
Test Method
ASTM D75 1-88
ASTM D75 1-89
ASTM D75 1-89
ASTM D75 1-89
ASTM D75 1-89
ASTM D75 1-89
FTMS 101 C
(Method 2065)
ASTM Dl204
Requirements
Black I White
12mm
42 lbs.
10,000 psi 40%
220 lbs.
62 lbs.
37 lbs.
123 ibs.
250 lbs.
73 lbs.
v 3%
(a) The liner should be placed in the perimeter trench first The trench liner should be separate from the liner on the field. Overlap field and trench sections a minimum of
I 'ASTM Test Method D698
Poinsettia Park City of Carlsbad
H:\FORMSWKS Specs for Synthetic Turf Subsurface Construction Page 3 of I
Section A
18" in the direction of water flow.
(b) Overlap joints a minimum of eight inches. All laps shall be overlapped in direction the water flows.
(c) Place a suitable amount of ballast on the liner to prevent movement by wind. The ballast shall be in a form which will not damage liner.
(dl Direct loading on the fabric by traffic shall not be allowed. A minimum of 6" of material cover must be placed prior to traffic.
(e) Punctured or tom fabric shall be repaired by overlapping additional fabric and jointing in accordance with manufacturer's recommendations.
(0 The liner must completely line perimeter trench in a continuous manner.
Note: In certain cases, local conditions will not allow for the installation of a
moisture barrier. In such cases, as standard geotextile may be substituted.
Field Composite Drains
Install composite under drain conduits at 50 feet on center at a 45 degree angle on top of the
moisture barrier, securing to liner every 15 linear feet with duct tape. Connect ends of these
composite drains into the perimeter drain collector header system.
Perimeter Collectors Drains
Place 8" 0.D perforated plastic under drain pipes in the perimeter collector trenches. The
centerline of the pipe shall coincide with the centerline of trench. The pipe shall be strong and
capable of withstanding the anticipated loading without deformation. Each header should be
designed to handle the maximum rainfall in that particular location. Collector headers must be
drained to an acceptable, efficient storm sewer, or approved discharge outlet. Re-manufactured
fittings shall be used for all connections into the collector drainage network.
Note: Aforementioned piue sizes need to be verified by a licensed engineer to assure
conformance with local drainane reguirements.
(a) A minimum of 2" clean, drainable crushed stone aggregate shall be placed in the bottom of the collector trenches, on top of the moisture barrier. The crushed aggregate
should be compacted suitably.
(b) Place a minimum of 4" clean, crushed aggregate on the sides of the under drain pipes and headers, and 6" minimum of, the aggregate on top of the pipe network. Compact
suitably.
V. APgrePate Laver for Synthetic Turf Installation
A uniformly mixed processed stone shall be placed over the entire subbase which has been
Poinsettia Park City of Carlsbad H:\FORMWKS Specs for Synthetic Turf Subsurface Construction Page 4 of 7
Section 2.
covered with the moisture barrier and the composite drain system. The aggregate shall comprise
of a minimum 6" compacted, stable, permeable, processed stone. Care shall be taken to maintain
the grade designed for the subbase. The capability of the processed stone drainage layer to meet
the stability and permeability requirement must be determined by a certified laboratory prior to
construction of the course. The processed stone layer shall be compacted to a minimum density of 95%. Nuclear density tests should be performed during aggregate placement and rolling to ensure
specified compaction.
Material shall be a 100% fractured, by mechanical means, with elongated characters on each
individual particle larger than 114". Material shall be devoid of mineral fines. All particles
smaller than 114" shall be produced by manufactured means only. Rounded sands or aggregates
are prohibited.
Typical aggregate or aggregate blends found acceptable as a processed stone drainage course must
conform to the following gradation:
- Sieve
1 2"
1 314"
2"
318"
No. 4
No. 8
No. 40
No. 200
Sieve Sizes Metric (mm)
38.1 25.4 19.0
12.7 9.52 4.75
2.38 0.42
75 mm
Percent Passing bv Wei~ht'
100
95 - 100
80 - 100
60 - 80
30 - 50 20 - 40
10 - 30
5 - 17
1-4
VI. ProPerties and Installation of Permeable Processed Stone:
Delivery Moisture Content
Processed stone must contain 90% to 110% of the optimum moisture content to ensure
that fines do not migrate in transit or during placement and to facilitate proper
compaction. This is critical. The contractor shall ensure that aggregate leaving the source
plant meet this requirement. The contractor is required to apply water to the processed
stone on site to attain and maintain this minimum moisture content.
Handling & Placement
(a) Prior to aggregate placement, remove any excess or contaminated backfill from the drainage trenches.
(b) Should any separation of the materials occur, during any stage of the spreading or stockpiling, the Contractor must immediately remove and dispose of segregated
9AASHT0 Test Method T-27
Poinsettia Park City of Carlsbad
H:\FORMSWKS Specs for Synthetic Turf Subsurface Construction Page 5 of 7
Section _2,
material and correct or change handling procedures to prevent any further separation.
Double handling of materials is not allowed.
(c) The Contractor must utilize laser controlled equipment for the grading of the processed stone to ensure accuracy in the grade tolerances of +O" to -1/4" in ten feet (10').
c
(dl Install processed stone base, from sideline toward center-line, parallel to the composite drain network, to the lines and grades shown on the drawings. Under no circumstance
shall the material be pushed more than 30 from the point of discharge.
(e) The Contractor shall shape the complete surface of the processed stone to receive the elastic layer component and continue until the deviation from the required elevation
does not exceed a maximum deviation from grade of +O" to -1/4" in ten feet (lo'),
when measured in any direction using a 10 straight-edge.
(f) Each layer must be spread uniformly with equipment that will not cause perceptible separation in gradation (segregation of the aggregates), preferably a self-propelled
paving machine or small laser controlled low ground pressure (LPG) dozer.
Compaction and Planarity
(a) The processed stone shall be compacted to a minimum density of not less than 95% of maximum density as determined by ASTM D698 and measured using a nuclear
method.
(b) Proof roll wherever possible and mark "soft spots" for additional compaction or correction. Use static tandem drum-type roller of not less than five (5) tons weight.
Proof rolling operations must be preformed in the presence of a Geotechnical
Engineer.
(c) The finished surface shall not deviate (tolerance-to-grade) from designated compacted grade. This means that the surface shall not deviate more than 1/4" in 10' (any
direction) when placed under a 10 foot straight edge. This tolerance is required over
the entire field.
Areas that deviate should be marked with spray paint and corrected with 3/8"(minus) limestone or
granite chips and rolled tight to achieve proper density. Such remedial actions should be done by
hand and rechecked by means of test procedures described above. This procedure should be used
to correct any small areas that show segregation.
(a) The surface of the processed stone course shall be well drained at all times. No standing water shall be permitted at any time. The permeability of the aggregate shall
be checked per Din 8035 Part 7 (preferred), ASTM 2434 (constant head), or ASTM
D3385 (double-ring) testing methods. Test samples shall be taken (at a minimum of)
one sample per every 5,000 square feet or as otherwise directed by the Owner's
Representative.
Poinsettia Park City of Carlsbad H:WORMS\PKS Specs for Synthetic Turf Subsurface Construction Page 6 of 7
section 2.
All test results will be logged and documented by the Owner's Technical
Representative or Geotechnical Engineer. If at any time the processed stone base does
not meet specifications, it shall be the Contractor's responsibility to restore, at his
expense, the processed stone base to the required grade, cross-section and density.
After the contractor has independently confirmed compliance with all the above
tolerances (planarity and elevation verified by a licensed surveyor and compaction,
gradation, & permeability verified by Geotechnical Engineer), he shall notify the
appropriate party and schedule a final inspection for approval. The contractor shall
make available an orbital laser system to the Inspection Team for the inspection
process. A top0 shall be taken on a 10' grid (see attached diagram) and submitted to
City of Carlsbad Public Works, Project Manager prior to synthetic turf or padding
installation.
- Poinsettia Park City of Carisbad H:\FORMS\PKS Specs fM Synthetic Turf Subsurface Construction Page 7 of 7
c
Section -2,