HomeMy WebLinkAboutFrank & Son Paving Inc; 1997-07-31; 3512IMPROVEMENT OF
COMMUNITY SWIM COMPLEX PARKING LOT CONTRACT NO. 3512
Frank & Son Paving, Inc.
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I* CITY OF CARLSBAD
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I %$ ,2126197 Contract No. 3512 Pag
San Diego County
I California
I CONTRACT DOCUMENTS AND SPEC'
PROVISIONS
I. FOR
IMPROVEMENT OF COMMUNI'
SWIM COMPLEX PARKING LO
I CONTRACT NO. 3512
April 30,1997
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TABLE OF CONTENTS
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NOTICE INVITING BIDS
CONTRACTORS PROPOSAL ...............................................................................................
BID SECURITY FORM
BIDDER’S BOND TO ACCOMPANY PROPOSAL ..................................................................
GUIDELINES FOR COMPLETING THE “DESIGNATION OF SUBCONTRACTOR AMOUNl
OF SUBCONTRACTORS BID” AND “DESIGNATION OF OWNER OPERATOWLESSOR 6
AMOUNT OF OWNER OPERATOWLESSOR WORK” FORMS ? DESIGNATION OF SUBCONTRACTOR & AMOUNT OF SUBCONTRACTORS BID ........
DESIGNATION OF OWNER OPERATOWLESSOR &AMOUNT OF OWNER 8 OPERATOWLESSOR WORK ..............................................................................................
BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY ................................................
BIDDERS STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE
BIDDERS CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS’
........................................................................................................ 8.
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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 SUBMllTED WITH BID
CONTRACT PUBLIC WORKS ...............................................................................................
LABOR AND MATERIALS BOND
FAITHFUL PERFORMANCENARRANTY BOND
REPRESENTATION AND CERTIFICATION .........................................................................
ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OF RETENTION (OPTIONAL) ............................................................
.............................................................................
..........................................................................................
.................................................................
SPECIAL PROVISIONS
SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORK CONSTRUCTION PART 1 , GENERAL PROVl S IONS.. ........................................................
SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS ...........
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SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORl
CONSTRUCTION PART 3, CONSTRUCTION METHODS .....................................................
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CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
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Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Carlsbad
Drive, Carlsbad, California 92008-1989, until 4:OO P.M. on the 16th day of June, 1997, at wh
they will be opened and read, for performing the work as follows: I.
IMPROVEMENT OF THE COMMUNITY SWIM COMPLEX PARKING LOT 1 CONTRACT NO. 3512
The work shall be performed in strict conformity with the specifications as approved by
Council of the City of Carlsbad on file with the Engineering Department. The specification:
work include the Standard SDecifications for Public Works Construction (1 997 Edition), all he1
designated “SSPWC as issued by the Southern California Chapter of the American Publi
Association and as amended by the special provisions sections of this contract. Reference i:
made to the specifications for full particulars and description of the work.
The City of Carlsbad encourages the participation of minority and women-owned businesses
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contr
utilize recycled and recyclable materials when available, appropriate and approved by the Er
The City of Carlsbad may disqualify a contractor or subcontractor from participating in biddi
a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdicti
State of California as an irresponsible bidder.
No bid will be received unless it is made on a proposal form furnished by the Pu
Department. Each bid must be accompanied by security in a form and amount required by I
bidder’s security of the second and third next lowest responsive bidders may be withheld
Contract has been fully executed. The security submitted by all other unsuccessful bidders
returned to them, or deemed void, within ten (IO) days after the Contract is awarded. Pu
the provisions of law (Public Contract Code section 10263), appropriate securities
substituted for any obligation required by this notice or for any monies withheld by the City 1
performance under this Contract. section 10263 of the Public Contract Code requires n
securities to be deposited with the City or a state or federally chartered bank in Californ
escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omi
the agent in connection with the handling of retentions under this section in an amount not
$1 00,000 per contract. The documents which comprise the Bidder’s proposal and that must be completed,
executed and notarized are:
1. Contractor’s Proposal 8. Certificate of Insurance
2. Bidder’s Bond 9. Bidder’s Statement Re Debarment
3. Non-Collusion Affidavit IO. Bidder’s Disclosure of Discipline Rec
4. Designation of Subcontractors and 11. Purchasing Department Representa
Amount of Owner Certification
5. Designation of Owner Operator/Lessors & 12. Escrow Agreement for Security Depc Amount of Owner Operator/Lessor Work (optional, must be completed if the e
6. Bidder’s Statement of Financial wishes to use the Escrow Agreemer
Responsibility Security)
7. Bidder’s Statement of Technical Ability
and Experience
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All bids will be compared on the basis of the Engineer's Estimate. The estimated quanti I approximate and serve solely as a basis for the comparison of bids. The Engineer's Estir I. $80'ooo'oo' No bid shall be accepted from a contractor who is not licensed in accordance with the provi: California state law. The contractor shall state their license number, expiration da
classification in the proposal, under penalty of perjury. The following classifications are acc
for this contract: A, C12 and C32in accordance with the provisions of state law.
If the Contractor intends to utilize the escrow agreement included in the contract document:
of the usual 10% retention from each payment, these documents must be completed and su
with the signed contract. The escrow agreement may not be substituted at a later date.
Sets of plans, special provisions, and Contract documents may be obtained at the Pur(
Department, City Hall, 1200 Carlsbad Village Drive, Carlsbad, California, for a non-refundablt
$15.00 per set. If plans and specifications are to be mailed, the cost for postage should be a
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregul
informality in such bids.
The general prevailing rate of wages for each craft or type of worker needed to execute the C
shall be those as determined by the Director of Industrial Relations pursuant to the sections
1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a curret
of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whc
Contract is awarded shall not pay less than the said specified prevailing rates of wage:
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
of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Sublettin
Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer"
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 a
the Contract for work.
A pre-bid meeting and tour of the project site will be held at 9:00 A.M. on Tuesday, May 27, 1;
3401 Monroe Street, Carlsbad, California.
All bids are to be computed on the basis of the given estimated quantities of work, as india
this proposal, times the unit price as submitted by the bidder. In case of a discrepancy be
words and figures, the words shall prevail. In case of an error in the extension of a unit pric
corrected extension shall be calculated and the bids will be computed as indicated abov
compared on the basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out and ty(
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 p
bidding. Submission of bids without acknowledgment of addenda may be cause of rejection 01
Bonds to secure faithful performance and warranty of the work and payment of laborer
materials suppliers, in an amount equal to one hundred percent (lOOo/~) and fifty percent (
respectively, of the Contract price will be required for work on this project. These bonds sh
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kept in full force and effect during the course of this project, and shall extend in full force an
and be retained by the City until they are released as stated in the Special Provisions sectioi
contract. All bonds are to be placed with a surety insurance carrier admitted and autho
transact the business of insurance in California and whose assets exceed their liabilitie
amount equal to or in excess of the amount of the bond. The bonds are to contain the fc
documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by I
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 in
commissioner.
If the bid is accepted, the City may require copies of the insurer's most recent annual stater
quarterly statement filed with the Department of Insurance pursuant to Article 10 (comrnenc
section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar
the insurer's receipt of a request to submit the statements.
Insurance is to be placed with insurers that have (1) a rating in the most recent Best's Kej
Guide of at least A-:V, and (2) are admitted and authorized to transact the business of insu
the State of California by the Insurance Commissioner. Auto policies offered to m
specification of this contract must: (1) meet the conditions stated above for all insurance cor
and (2) cover anv vehicle used in the performance of the contract, used onsite or offsite,
owned, non-owned or hired, and whether scheduled or non-scheduled. The auto in
certificate must state the coverage is for "any auto'' and cannot be limited in any manner.
Workers' compensation insurance required under this contract must be offered by a c
meeting the above standards with the exception that the Best's rating condition is waived.
does accept policies issued by the State Compensation Fund meeting the requirement for:
compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. Any a(
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 submii
required bonds and insurance, as described in the contract, within twenty days of bid openir
Contractor fails to comply with these requirements, the City may award the contract to the st
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
Carlsbad Business License for the duration of the contract.
Approved by the City Council of the City of Carlsbad, California, by Resolution No. 97-454
on the 22nd day of April, 1997.
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!&&a L&q&nkra@Cfty Clerk
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CITY OF CARLSBAD
I. CONTRACT NO. 3512 1 CONTRACTORS PROPOSAL
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City Council
1200 Carlsbad Village Drive
Carlsbad, California 92008
The undersigned declares he/she has carefully examined the location of the work, read th
Inviting Bids, examined the Plans, Specifications, Special Provisions and addenda therl
hereby proposes to furnish all labor, materials, equipment, transportation, and services ref
do all the work to complete Contract No. 3512 in accordance with the Plans, Specifications
Provisions and addenda thereto and that he/she will take in full payment therefor the folla
prices for each item complete, to wit:
Item Quantity Unit -- No. DescriPtion and Unit - Price - Total
1 Mobilization at 1 LS $3,000.00 $3,000.00
' City of Carlsbad
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1 Approximate e
Three Thousand 8. Dollars (Lump Sum)
i 2 Clearing and grubbing at 1 LS $24,000 .OO $24,000.00
Twenty Four Thousand
Dollars (Lump Sum)
at Five Thousand
Dollars (Lump Sum)
G-6 Type 6-1 at Five Thousand Two Hundred
Ninty One Fifty Cents
Dollars per Linear Foot
per SDRSD G-6 Type
B-2 at Two Thousand Nine Hundred
Seven
Dollars per Linear Foot
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3 Unclassified excavation LS $5,000.00 $5,000.00 e
4 6-inch Curb per SDRSD 557 LF $9.50 $5,291 -50
5 6-inch Curb and Gutter 171 LF 17.00 2,907.00
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Approximate
Item Quantity Unit - No. DescriDtion and Unit - Price Total
6 3-foot wide Concrete Swale 236 LF 11.50 2,714.00
at Two Thousand Seven Hundred
Fourteen
Dollars per Linear Foot
SDRSD G-14A at Two Thousand Five Hundred
Dollars per Square Foot
SDRSD G-7 at Three Thousand Twelve Seventy Five Cents
Dollars per Square Foot
per SDRSD G-31 Type D
at One Thousand Nine Hundred
Dollars Each
(6" A.B.) at Nine Thousand Two Hundred
Seven
Dollars per Ton
at Fourteen thousand Three
Hundred Twenty Two
Dollars per Ton
One Thousand
Dollars (Lump Sum)
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7 Concrete Driveway per 200 SF 12.50 2,500.00
8 Concrete Sidewalk per 927 SF 3.25 3,012.75
9 Type D Pedestrian Ramp 2 EA 950.00 1,900.00
16.50 9,207.00 ' 0 10 Class 2 Aggregate Base 558 TN
38.50 14,322.00 11 Asphalt Concrete (4" A.C.) 372 TN
1,000.00 1,000.00 12 Traffic Striping at 1 LS
13 Traffic Signs & Posts at 9 EA 200.00 1,800.00
One Thousand Eiqht Hundred
Dollars Each
75.00 150.00 14 Wheel Stops at 2 EA One Hundred Fifty
Dollars Each
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8. Item
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Approximate Quantity Unit No. DescriDtion and Unit - Price - Total
15. Brooks 18”xI 8” Grated 1 EA 650.00 650 00
Inlet (or approved equal) at Six Hundred Fifty
Dollars Each
Two Thousand Eight Hundred
Dollars per Linear Foot
Eight I%ndred
Dollars (Lump Sum)
2,800.00 2,800.00 16. 8” PVC Storm Drain at 21 LF
800.00 800 a 00 17. Cap lrri ation System at LS
Total amount of bid for Schedule 1 in words:
Total amount of bid for Schedule 1 in numbers: $81,054-25
Price(s) given above are firm for 90 days after date of bid opening.
The Undersigned has carefully checked all of the above figures and understands that thc
not be responsible for any error or omission on the part of the Undersigned in preparing thk
The Undersigned agrees that in case of default in executing the required Contract with n
bonds and insurance policies within twenty (20) days from the date of award of Contract b:
Council of the City of Carlsbad, the City may administratively authorize award of the contri
second or third lowest bidder an the bid securi of the lowest bidder may be forfeited.
The Undersigned bidder declares, under penalty of perjury, that the undersigned is licen!
business or act in the capacity of a contractor within the State of California, validly licens
license number #612545 l classification C-12 which e , and that this statement is true and correct and has the lega
A bid submitted to the City by a Contractor who is not licensed as a contractor pursuz
Business and Professions Code shall be considered nonresponsive and shall be rejected t
§ 7028.15(e). In all contracts where federal funds are involved, no bid submitted
invalidated by the failure of the bidder to be licensed in accordance with California law. Hc
the time the contract is awarded, the contractor shall be properly licensed. Public Conk 3 20104.
Ei9htY One Thousand Fifty Four Do11i
and Twenty Five Cents I
&I*- blrQ 1 97$,7- I
1 an affidavit.
2-28-98
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The Undersigned bidder hereby represents as follows:
I. That no Council member, officer agent, or employee of the City of Carlsbad is pe interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder;
representation, oral or in writing, of the City Council, its officers, agents, or employees has i
him/her to enter into this Contract, excepting only those contained in this form of Contract
papers made a part hereof by its terms; and
2. That this bid is made without connection with any person, firm, or corporation making i
the same work, and is in all respects fair and without collusion or fraud.
(Cash, Certified Chec Accompanying this proposal is
or Cashier's Check) for ten percent (10%) of the amount bid.
The Undersigned is aware of the provisions of section 3700 of the Labor Code which requirc
employer to be insured against liability for workers' compensation or to undertake self-insu
accordance with the provisions of that code, and agrees to comply with such provision:
commencing the performance of the work of this Contract and continue to comply until the
is complete.
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2 to the general prevailing rate of wages for each craft or type of worker needed to exe
Contract and agrees to comply with its provisions.
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Bidder's Bond
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IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname) of proprietor
(3) Place of Business
City and State
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(Street and Number)
I (4) Zip Code Telephone No.
1 IF A PARTNERSHIP, SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname and character of partner) (Note: Signature must be rn
general partner)
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(3) Place of Business
(Street and Number) 8 * City and State
(4) Zip Code Telephone No.
IF A CORPORATION. SIGN HERE:
(1) Name under which business is conducted Frank & Son Paving, Inc. I
(2)
(Tfle) Impress Corporate Seal
California (3) Incorporated under the laws of the State of
(4) Place of Business
City and State
1 01 9 Third Ave.
(Street and Number)
aula Vista, CA
61 9-422-8322 Telephone No. B@ (5) Zip Code 91911
1 s# 2/26/97 Contract No. 3512 Pagt
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
m
ITHE /d&. 7. VQ 5 q L.4 p 2_
p . F+Lt-I 5; Slrb VAX? LE
NAME, TITLE OF OFFICER - E G , “JANE DOE, N~TARY PUBLIC‘ -
personally appeared ,kJ/P/k Vk5Qee7
NAME(S) OF SIG~ER(S)
personally known to me - OR - 0 proved to me on the basis of satisfactory evic
to be the person(s) whose name(s) i
subscribed to the within instrument an
knowledged to me that he/she/they exe
the same in his/her/their autho
capacity(ies), and that by hidher,
signature(s) on the instrument the persc
or the entity upon behalf of whict
person(s) acted, executed the instrur
0
Though the data below is not required by law, it may prove valuable to persons relying on the document and coulc
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUF
CORPORATE OFFICER
TITLE(S)
AlTORNEY-IN-FACT
GUARDIAN/CONSERVATOR
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME OF PERSON@) OR ENTITY(1ES)
SIGNER(S) OTHER THAN NAMED AB0 *
01993 NATIONAL NOTARY ASSOCIATION 8236 Rernrnet Ave , P.0 Box 7184 Canoga Park
i
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES Ml I ATTACHED
List below names of president, vice president, secretary and assistant secretary, if a corpor,
partnership, list names of all general partners, and managing partners:
Fransisco Vasquez
Alicia Vasquez
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1 ta 2/26/97 Contract No. 3512 Page
American Motorists Insurance Company u
BOND: 3SM’ a
0 /(. BIDBOND J
KNOW ALL MEN BY THESE PRESENTS: That we, Frank & Son Paving, Inc., as Principal, an(
, a corporation organized and existing under the laws of the Stai
State of California as Surety, are held and firmly bound untc
10% of the total amount bid not to exceed Nine Thousan
($9,000.00) Dollars, lawful money of the United States of America, to the payment of which
well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, execu
administrators, successors and assigns, jointly and severally by these presents.
as Obligee, in the sum of
The condition of this obligation is such, that, if the Obligee shall make any award to the Principal for :
#3512 - IMPROVEMENT OF THE COMMUNITY SWIM COMPLEX PARKING LOT
Bid Date : 06-16-97
According to the terms of the proposal or bid made by the Principal therefore and the Principal shall duly I
and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and
give bond for the faithful performance thereof, with the AMERICAN MOTORISTS INSURANCE COMPA
as Surety or with other Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failu
to do, pay to the Obligee the damages which the Obligee may suffer by reason of such failure not exceedin;
penalty of this bond, then this obligation shall be null and void; otherwise it shall be and remain in full force
effect.
@
SEALED, DATED: June 13, 1997
American Motorists Insurance Con
By: By :
e
DIRECT CORRESPONDENCE TO :
LOU JONES &ASSOCIATES, PO BOX 41375, 7470 N. FIGUEROA ST., LOS ANGELES, CA 90041 H PHONE (213) 257-8291 FAX (213) 256-7218
Bid Bond -10-19-96.dot
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of Oranpe *
$f& /ir C’ ‘e-- before me, Kim Nguyen, Notary Public On ,I B
NAME, TITLE OF OFFICER .n ’ - “d 3,-
personally appeared Michael E. Cundiff
NAME OF SIGNER
Ix] Personally known to me - OR - proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) islare subscribe
within instrument and acknowledged to me that t
they executed the same in hislherltheir authorized
capacity(ies), and that by hislherltheir signature(s)
instrument the person(s), or the entity upon behalf
which the person(s) acted, executed the instrumen
WITNESS my hand and official seal. <.- OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUJ!
0 INDIVIDUAL 0 CORPORATE OFFICER
BONDS
TITLE OR TYPE OF DOCUMEWT TITLE@)
---_I_- PARTNER(S) LIMITED
0 GENERAL NUMBER OF PAGES
ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIANKONSERVATOR _- 0 OTHER
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(1ES) 0 American Motorists Insurance Company None
SIGNER OTHER THAN NAMED AB0
I American Motorists Insurance Company * Home-Office: Long Grove, IL 60049
Know All Men By These Presents:
That the American Motorists Insurance Company, (hereinafter called the "Company") a corporation organized and existing undc
the State of Ilinois, and having its principal office in Long Grove, Illinois, does hereby appoint
POWER OF ATTORNEY
Michael E. Cundiff of Orange, Califomiat***************************************************
e
its true and lawful agent@) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date
this power and ending on the date specified below, unless sooner revoked for and on its behalf as surety, and as its act and deed:
Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds ONE MILLION DOLLARS ...........................................................................................
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within t
of authority as set forth herein.
This appointment may be revoked at any time by the Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as full)
all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal
Grove, Illinois.
collection of any promissory note, check, draft or letter of credit.
THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31,1997
This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of
on February 23, 1988 at Chicago, Illinois, a true and accurate copy of which are hereinafter set forth and is hereby certifie
undersigned Secretary as being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing a
the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them tc
behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of in(
other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of proces:
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by tt
Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988:
"VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writi
with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixec
on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on
1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, sha
be valid and binding upon the Company."
In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by its authoriz
this January 1, 1994.
American Motorists lnsura Attested and Certified:
0
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.c AIlUlWI n p-9 0 .y~corPw.C" 3 f& P& 681 G&
Robert P. Hames, Secretary by J. S. Kemper, 111, Exec.\,
STATE OF ILLINOIS ss
COUNTY OF LAKE
I, Irene Klewer, a Notary Public, do hereby certify that J. S. Kemper, 111 and Robert P. Hames personally known to me to be the sa
whose names are respectively as Exec. Vice President and Secretary of the American Motorists Insurance Company, a Corporatic
and existing under the laws of the State of Illinois. subscribed to the foregoing instrument, appeared before me this day in I
severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said'ins
the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth.
AAAAAAAAAAAAA 4 '"'''''''''''''''SEAL" t 4 Irene newer t 4 Notir).hblic,SlincofUliic t 4 liytaamhdmm= b AA3
Irene Klewer, I IIVIIIIIIIIII 0 My commission expires 1-28-98
CERTIFICATION
I, J.K. Conway, Corporate Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney
dated on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and
effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said J. S. Kemper, 111
and Robert P. Hames, who executed the Power of Attorney as Executive Vice President and Secretary respectively were on the date of
the execution of the attached Power of Attorney the duly elected Executive Vice President and Secretary of the Amencan Motorists Insurance
Company.
IN TESTIMONY WHEREOF, I have hereunto subscrib4 my name and affixed the corporate seal of the American Motorists Insurance
Company on this
January 1. 1994
I 19-. . \. ", ,
Q ei"9
J. K. Conway, Corporate Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named
therein and they have no authority to bind the Company except in the manner and to the extent herein stated.
FM 0362 6-96
Pnnted in U.SJ Power of Attorney - Tern
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BID SECURITY FORM
(Check to Accompany Bid)
t* (NOTE: The following form shall be used if check accompanies bid.)
Accompanying this proposal is a *Certified *Cashiers check payable to the order of
CARLSBAD, in the sum of 1
dollars ($
this amount being ten percent (10%) of the total amount of the bid. The proceeds of this ch
become the property of the City provided this proposal shall be accepted by the City throui
of its legally constituted contracting authorities and the undersigned shall fail to execute a
and furnish the required Performance, Warranty and Payment Bonds and proof of ii
coverage within the stipulated time; otherwise, the check shall be returned to the undersig
proceeds of this check shall also become the property of the City if the undersigned shall
his or her bid within the period of fifteen (1 5) days after the date set for the opening therec
otherwise required by law, and notwithstanding the award of the contract to another bidder. 1
BIDDER
*Delete the inapplicable word.
(Note: If the Bidder desires to use a bond instead of check, the Bid Bond form on the
pages shall be executed--the sum of this bond shall be not less than ten percent (10%) o
amount of the bid.)
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1 BIDDERS BOND TO ACCOMPANY PROPOSAL
KNOW ALL PERSONS BY THESE PRESENTS:
That we,
as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as fc
(must be at least ten percent (10%) of the bid amount) fo
payment, well and truly made, we bind ourselves, our heirs, executors and adminis
successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the
bounden Principal for:
, as Principal, and
IMPROVEMENT OF THE COMMUNITY SWIM COMPLEX PARKING LOT
CONTRACT NO. 3512 I
1
in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter
execute a Contract including required bonds and insurance policies within twenty (20) days 1
date of award of Contract by the City Council of the City of Carlsbad, being duly notified
award, then this obligation shall become null and void; otherwise, it shall be and remain in f
and effect, and the amount specified herein shall be forfeited to the said City. II ....
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In the event Principal executed this bond as an individual, it is agreed that the death of
shall not exonerate the Surety from its obligations under this bond.
Executed by PRINCIPAL this Executed by SURETY this
PRINCIPAL: SURETY:
1
day of 919 . 919 * 1.
(name of Principal)
By:
(sign here) (address of Surety)
(print name here)
(name of Surety)
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(telephone number of Surety)
By: I (Title and Organization of Signatory) (signature of Attorney-in- Fact)
By:
(sign here) (printed name of Attorney-in-Fact)
10 (print name here) (Attach corporate resolution showing
1 power of attorney.)
(title and organization of signatory)
(Proper notarial acknowledge of execution by PRINCIPAL and SURETY must be attached.:
(President or vice-president and secretary or assistant secretary must sign for corporation
one officer signs, the corporation must attach a resolution certified by the secretary or
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
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By:
JANE MOBALDI
Deputy City Attorney
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GUIDE FOR COMPLETING
THE "DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTORS BID"
AND
"DESIGNATION OF OWNER OPERATOR/LESSOR AND
AMOUNT OF OWNER OPERATOWLESSOR WORK FORMS
I.
REFERENCES Prior to preparation of the following Subcontractor and Owner Operato
disclosure forms Bidders are urged to review the definitions in section 1-2 of the SSPWC ar
Special Provisions to this Contract especially, "Bid", "Bidder", "Contract", "Contractor", 'I
Price", "Contract Unit Price", "Engineer", "Subcontractor" and "Work" and the definitions ir
1-2 of the Special Provisions especially "Own Organization" and "Owner Operator/Lessor."
are further urged to review sections 2-3 SUBCONTRACTS of the SSPWC and section
these Special Provisions.
CAUTIONS Bidders are cautioned that failure to provide complete and correct informa'
result in rejection of the bid as non-responsive. Any bid that proposes performance of mort
percent of the work by other than the Contractor's own organization will be rejected
responsive.
INSTRUCTIONS Bidders shall use separate disclosure forms for each Subcontractor c
OperatorlLessor (O+O) of manpower and equipment that is proposed to be used to com
All items of information must be completely filled out.
Where the bid item will be installed by more than one Subcontractor or Owner Operator/Lc
percentage of the bid item installed by the Subcontractor or Owner Operator/Lessor beins
the line of the form must be entered under the column "O/O of Item by Sub" or "O/O of Item
as applicable. If a Subcontractor or Owner Operator/Lessor installs or constructs any poi
bid item the entire amount of the Contract Unit Price shall be multiplied by the Quantity (
item that the Subcontractor or Owner Operator/Lessor installed.
Suppliers of materials from sources outside the limits of work are not subcontractors. The
materials and transport for materials from sources outside the limits of work, as shown on t
shall be assigned to the Contractor, the Subcontractor, or the Owner Operatorllessor as
may be, installing them. The value of material incorporated in any Subcontracted (
Operator/Lessor installed bid item that is supplied by the Contractor shall not be includt
part of the portion of the work that the Contractor is required to perform with its own organi:
The item number from the "CONTRACTORS PROPOSAL" (Bid Sheets) shall be entered i
When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the nur
be entered on the form. If the Subcontractor does not have a valid business license enter I'
the appropriate space.
Bidders shall make any additional copies of the disclosure forms as may be necessary 1
the required information. The number of additional form pages shall be entered on the
page of each type so duplicated.
8 Work.
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Bidder may, at its option, combine bid items on a single row in the chart on the disclosure
using this option the Bidder must indicate the bid item numbers to which the information in
pertains. This option may not be used where the subcontractor or Owner Operator,
constructing or installing less than 100 percent of a bid item. The percentages and dollar i
may be the sums of the bid items listed in that row.
When the Bidder proposes using a subcontractor or owner operator/Lessor to construct 1
less than 100 percent of a bid item the Bidder must attach an explanation sheet to the de:
of subcontractor or designation of Owner Operator/Lessor forms as applicable. The ex1
sheet must clearly apprise the Agency of the specific tasks, materials and/or equipment
proposed to be so supplied.
Determination of the subcontract and Owner Operator/Lessor amounts for purposes of awa
contract shall determined by the City Council in conformance with the provisions of the
documents and these Special Provisions. The decision of the City Council shall be final.
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1 r,s 2/26/97 Contract No. 3512 Pagc
Bid Bid Price %of % ofTotal Bid Bid Price item of Item item by Contract Item of Item
No. Sub No.
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%of %O ltem by Tota
Sub Contri
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Bid Bid Price % of YO of Total Bid Bid Price YO of %c
Item of Item Item by Contract Item of Item Item by Tot; No. o+o No. o+o Contr
1 3,000.00 100% i 04% 7 2,500.00 100% icu 92
2 24,000.00 100% /+OD% 8 3,012.75 100% PO07
, dQ YQ 9 1,900.00 100% lb0 % 3. 5,000.00 100%
4 5,291.50 100% 100 y-8 10 9,207.00 100% /do 9
5 2,907.00 100% J Dfl% 11 14,322.00 100% /L'o 2
6 2,714.00 100% Io0 Yo 12 1,000.00 100% I ew 9
DESIGNATION OF OWNER OPERATOWLESSOR AND
AMOUNT OF OWNER OPERATOWLESSOR WORK a
The Bidder MUST complete each information field on this form for each owner operatodor Lesz
(O+O) that it proposes to use to perform any portion of the Work. Additional copies of this form m
be attached if required to accommodate the Contractor’s decision to use more than o
subcontractor. This form must be submitted as a part of the Bidder’s sealed bid. Failure to provi
complete and correct information may result in rejection of the bid as non-responsive. Except for t
individuals listed below the Bidder certifies that no Owner Operator/Lessor will be allowed to perfo
any portion of the Work. The Bidder further certifies that no changes in the Owner Operator/Les:
listed work will be made except upon the prior approval of the Engineer. Provide a separate sht
for each Owner Operator/Lessor. See section 1-2 of the Special Provisions for definition of Owr
Operator/Lessor.
Full Owner Operator/Lessor Name:
Complete Address:
Frank & Son Paving Inc.
1019 Third Ave.
Street
Chula Vista CA 91 91 1
City State Zip
Telephone Number plus Area Code: (61 9 ) 422 - 8322
City of Carlsbad Business License No.:
2 pages of this form Page of 2
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4- p,s 2126197 Contract No. 351 2 Page 19 01
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L!rwJmm LbuYasB
ASSETS
s EuuMEwm 0 -
PETTY CASH FUND $ 1,406
CASH IN BANK 121,955
BOND 29,490
ACCOUNTS RECEIVABLE 1 18,338
ACCTS RECV-OTHER 12,338
TOTAL CURRENT ASSETS 283,527
rn
AUTOMOBILE 50,070
FURNITURE AND FIXTURES 7,132
OFFICE EQUIPMENT 2,802
ACCUM DEPRECIATION (34,188)
NET PROPERTY & EQUIP 25,816 -
OEPOSIT 2,445
TOTALOTHERASSETS 2,445 0 TOTAL ASSETS $ 31 1,788 - -
ACCOUNTS PAYABLE $ 1 10,204
LOAN FROM OFFICER 64,324
FED PR TAX PAYABLE 2,828
STATEPRTAXPAYABLE 1,386
ACCRUED INCOME TAX PAY 4,218
NOTE PAYABLE 7,078
TOTAL LIABILITIES 1 90,038
EQUlTY
COMMON STOCK 20,000
PAID IN OR CAPITAL SURPLUS 51 ,015
RETAINED EARNINGS 50,735
TOTAL EQUITY 121,750
TOTAL LIABILITIES & EQUITY $ 31 1,788
SEE ACCOUNTANT'S COMPILATION REPORT
REGINA N. MENDOZA CERTIFIED PUBLIC ACCOUNTANT
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BIDDERS STATEMENT OF FINANCIAL RESPONSIBILIl
(To Accompany Proposal) I
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Copies of the latest Annual Report, audited financial statements or Balance Sheets
submitted under separate cover marked CONFIDENTIAL.
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I \# 2/26/97 Contract No. 351 2 Page
FRANK & SON PAVING,INC
101 9 THIRD AVE
CHULA VISTA,CA 9191 1
0
(61 9)422-8322
BIDDERS STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
DATE NAME,ADRESS NAME ,PHONE TYPE OF AMOUNT OF
SOMPLET'ED OF EMPLOYER OF CONTACT PERSON WOW mNTRACT
9/96 CITY OF IMPERIAL BEACH RICHARD 423-8300 OVERLAY $875,000.00 825 IMPERIAL BEACH BLVD PROGRAM
IMPERIAL BEACH,CA 91 932
3/17/97 SWEETWATER UNION SCHOOL MlTCH 691-5565 NEW ASPHALT $11,200.00
1130 FIFTH AVE VERIOUS SCOOLS
CHULA VISTA,CA 91932
BOB STALL CHEVROLET CHESTER WELLS NEW ASPHALT $12,000.00
76 ALVARADO RD. 460-1 131 PAVING
LA MESA, CA 0 3120/97
6/13/97 PARMA PROPERTY DAVID KRESSiN NEW ASPHALT $38,000.00
6165 GREENWICH DR STE170 475-4990
SAN DIEG0,CA 92122
0
Date
Contract Name and Address
Completed of the Employer I
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Name and Phone
No. of Person Type of
to Contract Work (
STATE CO M P ENSATIP N INSURAN
P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807
Fu N q CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
PoLlCy NUMBER: 046-97 UNIT 631
Y 01 101 ljB98 CERTIFICATE EXPIRES . '. 0 JUNE18 la37 7 I r
CITY OF CA LSBAD
ATTN: BUIL~ING DEPARTMENT 21175 US PhLMAS DRIVE
CARLSFJAD{ CA 92009 JOB: ALL OPERATIONS
I I L
Thls Is to certify th t we have issued a valid Workers' Compensation Insurance palicy in a form apprOVQd by the Callforn
This policy is not s#bJec:t to cancellatlon by the Fund except upon ten days' advance wrltten natlce to the employer.
We will also give ydu TEN days' advance notice should this pollcy be cancelled prior to its normal expiration.
This certificate of i surance is not en insurance pollcy and does not amend, extend or alter the coverago afforded by tl pollcles llsted her in, Notwithstanding any requirement, term, or condition of any contract of other document wi resped to which hlb oertlflcate of Insurance may be issued w may pertain, the insurance afforded by the policll d$scribed herein. i subject to ell the,terrns, excludonb and conditlom of such policies.
- lrlsurance Cornrnis k loner to the employer named below for the policy period indlcated.
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-, ' p*g',, THORIZEO REP ESEINTATIVP ' ,' ' $- PRESIDENT
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EMPLOYER' LlABl~l'V LIMIT INCLUDING~DEFENS~ COST: $1 ,OQ0,000 PER OCCURRENCE. .. .. I, ,< i .. ,
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OHULA VISA; CA 9191 I R
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- dd - - __ - - - -. - - - - ..- __ __ _. .- - .- - - __ -. .- -. .- - ._ -. ._ .. - .- . .- - .-. - .. .- -. ~~ - - .- - ... - -. .- .-. -- .-- -- - .. - . -- -- - . .
VUVUL. "l I JUN 13 I --. .. .. .-I \'I L- VI ll~uv~~~llu~ ' ..-" .-- PRODUCER
HULL & COMPANY OF CALIFORNIA INC. 9171 TOWE CENTRE DR\VE#?)IS SAN OIEGO. CA a22
FRANK & SON PAVING, INC.
I019 THIRD AVE.
CHUM VISTA, CA 91WI 1
FOi65G4111'33
CWmULED AUTOS
QNN6WNIO AUTOS
RE: ALL OPERATIONS
RE: CONTRACT NUMBER 35-12
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BIDDER’S CERTIFICATE OF INSURANCE FOR
LIABILITY AND WORKERS COMPENSATION
GENERAL LIABILITY, EMPLOYERS, LIABILITY, AUTOMOl
1. (To Accompany Proposal)
As a required part of the Bidder’s proposal the Bidder must attach either of the following to tt
page.
1. Certificates of insurance showing conformance with the requirements herein for:
Comprehensive General Liability
Employer’s Liability
Automobile Liability
Workers Compensation
2. Statement with an insurance carrier’s notarized signature stating that the carrier can, i
payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insui
Comprehensive General Liability, Employer’s Liability, Automobile Liability and
Compensation in conformance with the requirements herein and Certificates of insuranl
Agency showing conformance with the requirements herein.
All certificates of insurance and statements of willingness to issue insurance for auto policie
to meet the specification of this contract must: (1) meet the conditions stated in The Notic
Bids, the Standard Specifications for Public Works Construction and the Special Provisior
project for each insurance company that the Contractor proposes, and (2) cover any vehicl
the performance of the contract, used onsite or offsite, whether owned, non-owned or h
whether scheduled or non-scheduled. The auto insurance certificate must state the coverl
“any auto” and cannot be limited in any manner.
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BIDDERS STATEMENT RE DEBARMENT I (To Accompany Proposal)
1. Have you or any of your subcontractors ever been debarred as an irresponsible t
another jurisdiction in the State of California?
X
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Yes no I
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2. If yes, what waslwere the name@) of the agency(ies) and what wadwere the pe
debarment(s)? Attach additional copies of this page to accommodate more than two debar
None 1 party debarred party debarred
B agency agency
8 period of debarment period of debarment
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BY CONTRACTOR:
ary
(print nameltitle)
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BIDDERS DISCLOSURE OF DISCIPLINE RECORD 4 (To Accompany Proposal)
Contractors are required by law to be licensed and regulated by the Contractors’ State
Board which has jurisdiction to investigate complaints against contractors if a complaint re!
patent act or omission is filed within four years of the date of the alleged violation. A (
regarding a latent act or omission pertaining to structural defects must be filed within 10 ye;
date of the alleged violation. Any questions concerning a contractor may be referre
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 (
Contractors’ State license Board two or more times within an eight year period?
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X 1 Yes no
2. Has the suspension or revocation of your contractors license ever been stayed?
Yes no
3. Have any subcontractors that you propose to perform any portion of the Work ever t
contractor’s license suspended or revoked by the California Contractors’ State license Boai
more times within an eight year period?
X
Yes no
4. Has the suspension or revocation of the license of any subcontractor’s that you prc
perform any portion of the Work ever been stayed? X
Yes no
5. If the answer to either of 1. or 3. above is yes fully identify, in each and every case, t
disciplined, the date of and violation that the disciplinary action pertain to, describe the natu
violation and the disciplinary action taken therefor.
None
* (Attach additional sheets if necessary)
4- I tQ 2/26/97 Contract No. 351 2 Page
4
BIDDERS DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED) (To Accompany Proposal)
I
6. If the answer to either of 2. or 4. above is yes fully identify, in each and every case,
who’s discipline was stayed, the date of the violation that the disciplinary action pertains to
the nature of the violation and the condition (if any) upon which the disciplinary action was
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BY CONTRACTOR:
Treasurer/ Secretary 1 (pdnt name/titIe)
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NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
State of California ) ) ss.
Bev
County ofSc;.li L/C 0 1
, being first duly sworn, de
?%- 2 A'/,&@? EL?sqc.e 2-
(Name of Bidder)
and says that he or she is xy&ER~~~ j 2#/rnE45lJEEE (Title)
,c7 of -S"-Odtd$3 Tc I-& f4w~kf>"znP.
(Name of Firm) I the party making the foregoing bid that the bid is n:t made in the interest of, or on beha
undisclosed person, partnership, company, association, organization, or corporation; that 1
genuine and not collusive or sham; that the bidder has not directly or indirectly induced or
any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, o
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone sh(
from bidding; that the bidder has not in any manner, directly or indirectly, sought by ag
communication, or conference with anyone to fix the bid price of the bidder or any other bid
fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or 1
any advantage against the public body awarding the contract of anyone interested in the I
contract; that all statements contained in the bid are true; and, further, that the bidder
directly or indirectly, submitted his or her bid price or any breakdown thereof, or the
thereof, or divulged information or data relative thereto, or paid, and will not pay, any fe
corporation, partnership, company association, organization, bid depository, or to any mc
agent thereof to effectuate a collusive or sham bid.
I declare under penalty of perjury that the foregoing is true and correct and that this afic
b@ u
executed on the P6 day of > ,199v .J 1
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NOTARY SEAL
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CONTRACT
PUBLIC WORKS
This agreement is made this .? Is* day of T~L/Y Y1997,
I.
between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"),
and FRANK E SON PAVING, INC. whose principal place of business
1019 THIRD AVENUE, CHULA VISTA, CA 91911 (he1
called "Contractor").
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contract doc
for:
i
IMPROVEMENT OF THE COMMUNITY SWIM COMPLEX PARKING LOT
CONTRACT NO. 3512, April 30,1997
(hereinafter called "project")
2. Provisions of Labor and Materials. Contractor shall provide all labor, materia
equipment, and personnel to perform the work specified by the Contract Documents.
3. Contract Documents. The Contract Documents consist of this Contract, Notice lnvit
Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation 0'
Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Ex1
Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the PI
Specifications, the Special Provisions, addendum(s) to said Plans and Specifications ant
Provisions, and all proper amendments and changes made thereto in accordance with this
or the Plans and Specifications, and all bonds for the project; all of which are incorporated I
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I this reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and install the
indicated, specified, and implied by the Contract Documents. Any items of work not ind
specified, but which are essential to the completion of the work, shall be provided at the Cc
expense to fulfill the intent of said documents. In all instances through the life of the Cor
City will be the interpreter of the intent of the Contract Documents, and the City's decision
said intent will be final and binding. Failure of the Contractor to apprise subcontractors and
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 Con
shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specific
Public Works Construction (SSPWC) 1997 Edition, hereinafter designated "SSPWC", as
the Southern California Chapter of the American Public Works Association, and as amend
Special Provisions section of this contract. The Engineer will close the estimate of work t
for progress payments on the last working day of each month.
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5. Independent Investigation. Contractor has made an independent investigatior
jobsite, the soil conditions at the jobsite, and all other conditions that might affect the pro
the work, and is aware of those conditions. The Contract price includes payment for all \n
may be done by Contractor, whether anticipated or not, in order to overcome undc
conditions. Any information that may have been furnished to Contractor by City about undc
conditions or other job conditions is for Contractor's convenience only, and City does not
that the conditions are as thus indicated. Contractor is satisfied with all job conditions, i
underground conditions and has not relied on information furnished by City.
6. Hazardous Waste or Other Unusual Conditions. If the contract involves
trenches or other excavations that extend deeper than four feet below the surface Contrac
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 hazardoL
as defined in section 25117 of the Health and Safety Code, that is required to be rem0
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 frc
indicated.
C. Unknown Physical Conditions. Unknown physical conditions at the site of any
nature, different materially from those ordinarily encountered and generally recognized as
in work of the character provided for in the contract.
City shall promptly investigate the conditions, and if it finds that the conditions do materially
or do involve hazardous waste, and cause a decrease or increase in contractor's costs 1
time required for, performance of any part of the work shall issue a change order L
procedures described in this contract.
In the event that a dispute arises between City and Contractor whether the conditions I
differ, or involve hazardous waste, or cause a decrease or increase in the contractor's c
time required for, performance of any part of the work, contractor shall not be excused
scheduled completion date provided for by the contract, but shall proceed with all w(
performed under the contract. Contractor shall retain any and all rights provided either bj
or by law which pertain to the resolution of disputes and protests between the contracting p
7. Immigration Reform and Control Act. Contractor certifies it is aware of the reqi
of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has
and will comply with these requirements, including, but not limited to, verifying the eli
employment of all agents, employees, subcontractors, and consultants that are includ
Contract.
8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Depi
Industrial Relations has determined the general prevailing rate of per diem wages in ac
with California Labor Code, section 1773 and a copy of a schedule of said general preva
rates is on file in the office of the City Engineer, and is incorporated by reference herein.
to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor
copies of all applicable prevailing wages on the job site.
9. Indemnification. Contractor shall assume the defense of, pay all expenses of del
indemnify and hold harmless the City, and its officers and employees, from all claims, loss
injury and liability of every kind, nature and description, directly or indirectly arising 1 connection with the performance of the Contract or work; or from any failure or allegec
e* a# 2/26/97 Contract No. 3512 Pagc
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Contractor to comply with any applicable law, rules or regulations including those relating t and health; and from any and all claims, loss, damages, injury and liability, howsoever tt
may be caused, resulting directly or indirectly from the nature of the work covered by the C
except for loss or damage caused by the sole or active negligence or willful misconduct oft
The expenses of defense include all costs and expenses including attorneys' fees for I
arbitration, or other dispute resolution method.
Contractor shall also defend and indemnify the City against any challenges to the awar
contract to Contractor, and Contractor will pay all costs, including defense costs for t
Defense costs include the cost of separate counsel for City, if City requests separate counsc
10. Insurance. Contractor shall procure and maintain for the duration of the contract ir
against claims for injuries to persons or damage to property which may arise from or in cc
with the performance of the work hereunder by the Contractor, his or her agents, represe
employees or subcontractors. Said insurance shall meet the City's policy for insurance as
Resolution No. 91-403.
(A) Coverages And Limits Contractor shall maintain the types of coverages and minimi
indicted herein:
a. Comprehensive General Liability Insurance: $1,000,000 combined single
occurrence for bodily injury and property damage. If the policy has an aggregate limit, a
aggregate in the amounts specified shall be established for the risks for which the City or it
officers or employees are additional insured.
b. Automobile Liability Insurance: $1,000,000 combined single limit per accident f
injury and property damage. In addition, the auto policy must cover any vehicle USE
performance of the contract, used onsite or offsite, whether owned, non-owned or h'
whether scheduled or non-scheduled. The auto insurance certificate must state the cover
"any auto" and cannot be limited in any manner.
c. Workers' Compensation and Employers' Liability Insurance: Workers' compensa
as required by the Labor Code of the State of California and Employers' Liability limits of $'
per incident. Workers' compensation offered by the State Compensation Insurance
acceptable to the City.
(B) Additional Provisions. Contractor shall ensure that the policies of insurance requii
this agreement contain, or are endorsed to contain, the following provisions. Genera
Employers' Liability and Automobile Liability Coverages:
a. The City, its officials, employees and volunteers are to be covered as additional ir
respects: liability arising out of activities performed by or on behalf of the Contractor; pro
completed operations of the contractor; premises owned, leased, hired or borrowe
contractor. The coverage shall contain no special limitations on the scope of protection i
the City, its officials, employees or volunteers. All additional insured endorsements
evidenced using separate documents attached to the certificate of insurance; one for eact affording general liability, employers' liability and auto liability coverage.
b. The Contractor's insurance coverage shall be primary insurance as respects thc
officials, employees and volunteers. Any insurance or self-insurance maintained by th
officials, employees or volunteers shall be in excess of the contractor's insurance anc
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*- aS 2/26/97 Contract No. 3512 Page
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c. Any failure to comply with reporting provisions of the policies shall not affect coverage I
to the City, its officials, employees or volunteers.
d. Coverage shall state that the contractor's insurance shall apply separately to each
against whom claim is made or suit is brought, except with respect to the limits of the
liability.
(C) "Claims Made" Policies. If the insurance is provided on a "claims made" basis, c
shall be maintained for a period of three years following the date of completion of the work.
(D) Notice Of Cancellation. Each insurance policy required by this agreement shall be E
to state that coverage shall not be nonrenewed, suspended, voided, canceled, or re(
coverage or limits except after thirty (30) days' prior written notice has been given to the
certified mail, return receipt requested.
(E) Deductibles And Self-insured Retention (S.I.R.) Levels. Any deductibles or sel retention levels must be declared to and approved by the City. At the option of the City, eil
insurer shall reduce or eliminate such deductibles or self-insured retention levels as res1
City, its officials and employees; or the contractor shall procure a bond guaranteeing pa
losses and related investigation, claim administration and defense expenses.
(F) Waiver Of Subrogation. All policies of insurance required under this agreement sha a waiver of all rights of subrogation the insurer may have or may acquire against the City
its officials or employees.
(G) Subcontractors. Contractor shall include all subcontractors as insured under its p
shall furnish separate certificates and endorsements for each subcontractor. Cover
subcontractors shall be subject to all of the requirements stated herein.
(H) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating
Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the bu
insurance by the State of California Insurance Commissioner as admitted carriers as evider
listing in the official publication of the Department of Insurance of the State of Californ
under the standards specified by the City Council in Resolution No. 91-403.
(I) Verification Of Coverage. Contractor shall furnish the City with certificates of insur
original endorsements affecting coverage required by this clause. The certifia
endorsements for each insurance policy are to be signed by a person authorized by that 1
bind coverage on its behalf. The certificates and endorsements are to be in forms appro\
City and are to be received and approved by the City before the Contract is executed by th
(J) Cost Of Insurance. The Cost of all insurance required under this agreement shall bt
in the Contractor's bid.
11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be rf
accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1,
(commencing with section 20104) which are incorporated by reference. A copy of Arti
included in the Special Provisions I section. The contractor shall initially submit all Cli
$375,000 to the City using the informal dispute resolution process described in Public
Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the
all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the
Government Code) for any claim or cause of action for money or damages prior to filing a
for breach of this agreement.
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4- I ts 2/26/97 Contract No. 3512 Page
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(A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to
must be asserted as part of the contract process as set forth in this agreement an
anticipation of litigation or in conjunction with litigation.
(8) False Claims. Contractor acknowledges that if a false claim is submitted to the City, i
considered fraud and the Contractor may be subject to criminal prosecution,
(C) Government Code. Contractor acknowledges that California Government Code
12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly I
false claim to a public entity. These provisions include false claims made with deliberate i!
of the false information or in reckless disregard of the truth or falsity of the information.
(D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to t
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 fa
may subject the Contractor to an administrative debarment proceeding wherein the Contrz
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 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by refer1
(G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that deb2
another jurisdiction is grounds for the City of Carlsbad to disqualify the Contra
from participating in future contract bidding.
I have read and understand all provisions of Section I1 above.
12. Maintenance of Records. Contractor shall maintain and make available at no CI
City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter
2, of the Labor Code. If the Contractor does not maintain the records at Contractor's princ
of business as specified above, Contractor shall so inform the City by certified letter acco
the return of this Contract. Contractor shall notify the City by certified mail of any change c
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8 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing wii
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 I
for any monies withheld by the City to secure performance of this contract for any
established by this contract. Any other security that is mutually agreed to by the Contract
City may be substituted for monies withheld to ensure performance under this Contract.
15. Provisions Required by Law Deemed Inserted. Each and every provision (
clause required by law to be inserted in this Contract shall be deemed to be inserted t
included herein, and if, through mistake or otherwise, any such provision is not inserted
correctly inserted, then upon application of either party, the Contract shall forthwith be
amended to make such insertion or correction.
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e- \# 2/26/97 Contract No. 3512 Pagi
Do
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Countyof Ja Dim3
personally appeared 6&+1~~det, A. VA-sOOF7
0
ZNmA z vAS0c)e~
?3--/i&& vA-5oItt!z-z
DATE NAME, TITLE OF OFFICER - E GI "JANE DOE, NOTARY PUBLIC
NAME(S) OF SIGNER@)
qpersonally known to me - OR - 0 proved to me on the basis of satisfactory evic
to be the person(s) whose name(s) i:
subscribed to the within instrument an1
knowledged to me that he/she/they exec
the same in his/her/their author
capacity(ies), and that by hislherl
signature@) on the instrument the persc
or the entity upon behalf of whicl.
person(s) acted, executed the instrur
WITNESS my hand and off
e
Though the data below is not required by law, it may prove valuable to persons relying on the document and coulc
fraudulent reattachment of this form.
CAPACITY CLAl M ED BY SIGNER DESCRIPTION OF ATTACHED DOCUF
0 CORPORATE OFFICER
TITLE(S)
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABC e
01 993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave., P.O. Box 71 84 Canoga Par1
i
16. Additional Provisions. Any additional provisions of this agreement are set fort
"General Provisions" or "Special Provisions" attached hereto and made a part hereof.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES Ml
I I. ATTACH ED
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(CORPORATE SEAL)
CONTRACTOR:
c
President or vice-president and secretary or assistant secretary must sign for corporatior
one officer signs, the corporation must attach a resolution certified by the secretary or
secretary under the corporate seal empowering that officer to bind the corporation. 1
1 APPROVED AS TO FORM:
I City Attorney
RONALD R. BALL
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1 4$ 2/26/97 Contract No. 3512 Page
Bond: f3SM 908
Premium: Inclu
Perfo
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8 LABOR AND MATERIALS BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by R
NO. 97-509 , adopted JUNE 24, 1997 , has aw
(hereinafter designated as the "Principal"), a Contract for:
FRANK & SON PAVING, INC.
I.
IMPROVEMENT OF THE COMMUNITY SWIM COMPLEX PARKING LOT
CONTRACT NO. 3512
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in the City of Carlsbad, in strict conformity with the drawings and specifications, and other
Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of v
incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the term:
require the furnishing of a bond, providing that if Principal or any of their subcontractors st
pay for any materials, provisions, provender or other supplies or teams used in, upon or i
performance of the work agreed to be done, or for any work or labor done thereon of any
Surety on this bond will pay the same to the extent hereinafter set forth.
I
NOW, THEREFORE, WE, FRANK & SON PAVING, INC- I as Principal, (hereinafter designated as the "Contractor"), and American Motorists Ins
as Surety, are held firmly bound unto the City of Carlsbad in the sum of FORTY THOUS
FIVE HUNDRED TWENTY SEVEN AND 13/1 OO---------------------------
($ 40,527.13 ), said sum being fifty percent (50%) of the estimated amount p;
the City of Carlsbad under the terms of the Contract, for which payment well and truly to
we bind ourselves, our heirs, executors and administrators, successors, or assigns, jc
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or hidher subcontr:
to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or i
peikrmamce of the work cantiacted to be done, or fsr any other WG& or Isba: thereon of
or for amounts due under the Unemployment Insurance Code with respect to such work or
for any amounts required to be deducted, withheld, and paid over to the Employment Dev
Department from the wages of employees of the contractor and subcontractors pursuant 1
13020 of the Unemployment Insurance Code with respect to such work and labor that the 5
pay for the same, not to exceed the sum specified in the bond, and, also, in case suit i! upon the bond, costs and reasonable expenses and fees, including reasonable attorney'!
be fixed by the court, as required by the provisions of section 3248 of the California Civil Cc
This bond shall inure to the benefit of any and all persons, companies and corporations t
file claims under Title 15 of Part 4 of Division 3 of the Civil Code (commencing with section
Surety stipulates and agrees that no change, extension of time, alteration or addition to the
the Contract, or to the work to be performed thereunder or the specifications accompa
same shall affect its obligations on this bond, and it does hereby waive notice of any
extension of time, alterations or addition to the terms of the contract or to the work
R
1 specifications.
e
e= %# 2/26/97 Contract No. 3512 Page 1
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In the event that Contractor is an individual, it is agreed that the death of any such Contrac
not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this 17 Executed by SURETY this 17th
day of July ,19 97 . of July
CONTRACTOR: SURETY:
P
9
Frank and Son Paving, I=\. American Motorists Insurance C
(name of Surety)
(address of Surety)
7 (name of Contractor)
By: i L.&,W&d 1- >' i <(A+ - 7470 N. Figueroa Blvd., Los Ar 1 (sign here)
I (print name here) (telephone number of Siarety' /$$+?flJ/5C@ /$PPfYdI (5k#&Z_ 714) 771-4701
flSSiDEi97- -
(title and or p-zation signatory)
(sign he're)
(print name here)
(title and organization of signatory)
,(@ ,dL,d&? 4-g 2?LJe
1
M/LM,&Sd%
1
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By:
(printed name of Attorney-in-Fc
(attach corporate resolution showing
power of attorney)
I
(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attact
(President or vice-president and secretary or assistant secretary must sign for corporation
one officer signs, the corporation must attach a resolution certified by the secretary or
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL ' City Attorney
em
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1 r.# 2/26/97 Contract No. 3512 Page
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
- -iiNadATv&40& c
/W/C/A VLSSO~;~ > .Fr LLfl.5 IS Po VC?d
DATE NAME, TITLE OF OFFICER ~ E GI "JANE DOE, NOTARY PUBLIC -
personally appeared
NAME(S) OF SIGNER(S) y personally known to me - OR - 0 proved to me on the basis of satisfactory evil
to be the person(s) whose name(s) I
subscribed to the within instrument ar
knowledged to me that he/she/they ex€
the same in his/her/their autho
capacity(ies), and that by his/her
signature(s) on the instrument the persl
or the entity upon behalf of whict
person(s) acted, executed the instrur
Though the data below is not required by law, it may prove valuable to persons relying on the document and coulc
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUF
0 CORPORATE OFFICER
TITLE(S)
JLhQ ?dl&d
[7 ATORNEY-IN-FACT NUMBER OF PAGES
[7 GUARDIAN/CONSERVATOR
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED AB0
01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave , P 0 Box 71 84 Canoga Park
EDGMENT
State of California
County of Oranpe
On JUL f 8 IS97 before me, Kim Nguyen, Notary Public
a
NAME, TlTLE OF OFFlCER lly appeared Michael E. Cundiff
NAME OF SIGNER
[E3 Personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s1 whose name(s) islare subscribe
within instrument and acknowledged to me that h
they executed the same in hislherltheir authorized
capacity(ies1, and that by hislherltheir signature(s)
instrument the person(s), or the entity upon behalf
which the person(s1 acted, executed the instrumen
WITNESS my hand and official seal.
-
(SIGNATURE OF NOTARY) e
Though the data below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUl
0 INDIVIDUAL 0 CORPORATE OFFICER
BONDS
TITLE(S) TITLE OR TYPE OF DOCU
c] PARTNER(S) 0 LIMITED ----------------__-
c] GENERAL IXI AITORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER: -l------l-___-
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
American Motorists Insurance Company None
NAME OF PERSON(S) OR ENTITY(1ES)
SIGNER OTHER THAN NAMED AB0
rn American Motorists Insurance Company
Home Office: Long Grove, IL 60049
Know All Men By These Presents:
That the American Motorists Insurance Company, (hereinafter called the "Company") a corporation organized and existing unde
the State of Ilinois, and having its principal office in Long Grove, Illinois, does hereby appoint
POWER OF ATTORNEY
Michael E. Cundiff of Orange, Californiattttttffttt""*'*""*****************~************~*******
a
its true and lawful agent@) and attorney($-in-fact, to make, execute, seal, and deliver during the period beginning with the date i
this power and ending on the date specified below, unless sooner revoked for and on its behalf as surety, and as its act and deed:
Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds ONE MILLION DOLLARS ($l,ooo,ooo.oo)***tt*************************************************************************
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the 1
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within tt
of authority as set forth herein.
This appointment may be revoked at any time by the Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully
all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal
Grove, Illinois.
collection of any promissory note, check, draft or letter of credit.
THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31, 1997
This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of
on February 23, 1988 at Chicago, Illinois, a true and accurate copy of which are hereinafter set forth and is hereby certifie
undersigned Secretary as being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing a
the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them tc
behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of inc
other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of proces5
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by th
Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988:
"VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writi
with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed
on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on
1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shal
be valid and binding upon the Company."
In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by its authoriz
this January 1, 1994.
.,+" 'WeG American Motorists lnsurai Attested and Certified:
0
0
g_-T e~co~mAm" ; f& t?& '.I Gl@
Robert P. Hames, Secretary by J. S. Kemper, 111, Exec.\
STATE OF ILLINOIS ss
COUNTY OF LAKE
I, Irene Klewer, a Notary Public, do hereby certify that J. S. Kemper, 111 and Robert P. Hames personally known to me to be the sa
whose names are respectively as Exec. Vice President and Secretary of the American Motorists Insurance Company, a Corporatic
and existing under the laws of the State of Illinois. subscribed to the foregoing instrument, appeared before me this day in
severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said in!
the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth.
AAAAAAAAAAAAA 4 'OmCIALSEAL" b 4 henc Newer b 4 Nata~yPubli,Sta#ofUlir b 4 ~comk€bnl~1~ b Ak:
Irene Klewer, vvvvvvvvvvvvv a My commission expires 1-28-98
CERTIFICATION
I, J.K. Conway, Corporate Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney
dated on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and
effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said J. S. Kemper, Ill
and Robert P. Hames, who executed the Power of Attorney as Executive Vice President and Secretary respectively were on the date of
the execution of the attached Power of Attorney the duly elected Executive Vice President and Secretary of the American Motorists Insurance
Company.
IN TESTIMONY WHEREOF, I have h_ereunto subscribed my name and affixed the corporate seal of the American Motorists Insurance
January 1,1994
Companyon this JtJL 1 8, '53i * 19-.
(=J S o mmmn haium D S pw 5-3
6.1 64
J. K. Conway, Corporate Secretary
This Power of Attorney limits the acts of those named thersin to the boljds and undertakings specifically named
therein and they have no authority to bind the Company except in the manner and to the extent herein stated.
FM 0362 6-96
Power of Attorney - Term Printed in US.,
Bond: #3SM YU1
Ir Premium: $1,6:
FAITHFUL PERFORMANCEWARRANTY BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by Re:
NO. 97-509 , adopted JUNE 24, 1987 , has awai
, (here
-
FRANK & SON PAVING, INC.
designated as the "Principal"), a Contract for:
IMPROVEMENT OF THE COMMUNITY SWIM COMPLEX PARKING LOT
CONTRACT NO. 3512
in the City of Carlsbad, in strict conformity with the contract, the drawings and specificatioi other Contract Documents a~)'~ on file in the 3%. of thc City Clerk of the Cit.,. of CarDsSac
which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms
require the furnishing of a bond for the faithful performance and warranty of said Contract;
NOW, THEREFORE, WE, FRANK & SON PAVING, INC. , as Pri
(hereinafter designated as the "Contractor"), and American Motorists Insurance Cc
, as Surety, are held and firmly bound unto the City of CE
in the sum of Eighty One Thousand Fifty 'Four & 25/100ths .said sum beins
to one hundred percent (100%) of the estimated amount ot the Contract, to be paid to Cit
certain attorney, its successors and assigns; for which payment, well and truly to be made, c
ourselves, our heirs, executors and administrators, successors or assigns, jointly and se
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contract0
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide I
well and truly keep and perform the covenants, conditions, and agreements in the Contract a
alteration tnereoi made as therein provided on their part, io be kepi and performed ai tine tir
in the manner therein specified, and in all respects according to their true intent and meanir
shall indemnify and save harmless the City of Carlsbad, its officers, employees and age
therein stipulated, then this obligation shall become null and void; otherwise it shall remaii
force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified tl
there shall be included costs and reasonable expenses and fees, including reasonable atl
fees, incurred by the City in successfully enforcing such obligation, all to be taxed as w
included in any judgment rendered.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the tt
the Contract, or to the work to be performed thereunder or the specifications accompany
same shall affect its obligacans on this bond, and it does hereby waive notice of any c
extension of time, alterattons or addition to the terms of the contract or to the work or
specifications.
($81,054.25) _. e
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43 2/26/97 Contract No. 3512 Page 3
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In the event that Contractor is an individual, it is agreed that the death of any such Contrac
not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this 17 Executed by SURETY this 17th
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day of July I19 97 . July ,192
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CONTRACTOR: SURETY: i
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Frank and Son Paving, Inc. American Motorists Insurance Corn] I (name of Contract (name of Surety)
7470 N. Figueroa Blvd.
Los Angeles, CA 90041
(address of Surety)
(telephone number of Surety)
714) 771-4701
(Title and Organization of Signatory)
(Attach corporate resolution showing I power of attorney.)
(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attact-
(President or vice-president and secretary or assistant secretary must sign for corporation:
one officer signs, the corporation must attach a resolution certified by the secretary or
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
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1 City Attorney
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CALIFORNIA ALL=PURPOSE ACKNOWLEDGMENT
~MCL ~H-~ASQ~J~
dpersonally known to me - OR - 0 proved to me on the basis of satisfactory evi
to be the person(s) whose name@) .
subscribed to the within instrument an
knowledged to me that he/she/they exe
the same in his/her/their autho
capacity(ies), and that by hidher,
signature(s) on the instrument the pers
or the entity upon behalf of whicl
person(s) acted, executed the instrui
WITNESS my hand and official seal.
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED Docun
TITLE(S)
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(1ES)
SIGNER(S) OTHER THAN NAMED ABO’
01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave., P 0 Box 71 84 Canoga Park
GMENT
State of California
County of Oranye
Kim Nguyen, Notary Public -. before me,
NAME. TITLE OF OFFICER
On JUL 18 1997 0
ally appeared Michael E. Cundiff
NAME OF SIGNER
N Personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) islare subscribe
within instrument and acknowledged to me that t
they executed the same in hislherltheir authorized
instrument the person(s), or the entity upon behalf
which the person(s1 acted, executed the instrumen
WITNESS my hand and official seal.
1 capacity(ies), and that by hislherltheir signatu&)
-
0 PTl0 N AL a
Though the data below is not required by law, it may prove valuable to pei-sons relying on the
document and could prevent fraudulent reattachment of this form.
APACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUI
0 INDIVIDUAL 0 CORPORATE OFFICER
TITLE(S)
-__--_ll__-___l 0 PARTNER@) 0 IJPJITED
0 GENERAL w ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIANKONSERVATOR 0 OTHER: -_-_-________I
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(1ES) a American Motorists Insurance Company None
SIGNER OTHPR THAN NAMED AB0
COMPANY OF CALIFORNIA INC. TOWNE CENTRE DRIVE #315 SAN DIEGO, CA 92122
-REVISED-
FRANK & SON PAVING, INC.
1019 THIRD AVE.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO T
NOTWrWSTANDING ANY REQUIREMENT, TERM OR CONDKION OF ANY CONTRACT OR OTHER DOCUMENT WKH RESPECT TO WHICH THIS CERTIFICATE MAY BE IS PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. HAVE BEEN REDUCED BY PAID CLAIMS.
FOI 55041 11 20
ER'S 8, CONTRACTOR'S PROT.
FIRE DAMAGE(Any One Fire)
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
NON-OWNED AUTOS
AGGREGATE
DESCRIPTION OF OPERATlONS/LOCATlONSfb'EHlCLES/SPECIAL ITEMS
RE: ALL OPERATIONS
RE: CONTRACT NUMBER 351 2;lMPROVEMENT OF COMMUNITY SWIM COMPLEX PARKING LOT; CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED
FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION KIND UPON THE COMPANY. KS AGENTS OR REPRESENTATNES
00 CARLSBAD VILLAGE DRIVE
ADQ161ONBL INSURED y
STATE OR P LITICAI, SUB EVISIONS w p
0 Thb errdoaement modif\as in$usnnce pwided under the fol;~wing:
COMMERCIAL QENERAC L!AE$IILITY COVERAGE PART.
SCHEDULE
b of POltZMil SuWlbri9lan: war: IMMOVE PMT OF COMMW" 8WIM COMPLEX PARKING LOT
e F CARLSbAP
A WRCHASINQ OWABTMENT 1200 CARLBBAD VtLLM9E DSWE CARLQBAD, CA 93008-1 889
(ff RQ entry Ssgsp~ars above the Mwdon tcrquired to complete this endosrement
bcJ ehwn In the Bedaratians a8 spplicabls to thi$ endotwment.)
WHO !B INSWRED (Sectlm 11) i% amendad to include as m \nsured any stde or
pa\ttia! rarabdlviisian shown fn the Schedule, subjest to the folfawing provisions;
d n Thidi insurance arppllm r%r?Sy with resp~d to operations perlormeti by you or your. behalf for which thb state Of pollticat subdiviaion +as hued a permit.
This Insufanece does nat app\y to:
a. "Bcsdily injeaf)r,"'"pf+operty dam8gta,""pemsbrlat Irtjurf' or ''BK'%verthing Injury' wising out of operaths pedctmed for the state or munlctpaltty; os
b. "~~~~~~y In1uy4' 07 em datncge" included Whin the "produds-
~~~~~~ GpW~Ibn6 b
0
2.
CQ20 12 tl 85 Copyfight, h8urame $mi~as OlMce, lnc
- h\ hoslrMnl3~1re TO'' BLIP 8Ci bt9'73JJ
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CITY OF CARLSBAD Purchasing Department 1200 Carlsbad Village Drive Carlsbad CA 92008 REPRESENTATION AND CERTIFICATION
The following representation and certification shall be completed, signed and returned 1 Carlsbad as a part of the bid package.
REPRESENTATIONS: Mark all applicable blanks. This offeror represents as part of this offer that the ownership, operation and control of the business, in accordance with the specific definitions listed below is:
1.
Are you c rently certified by CALTRANS? YES -
Certification #: a - 009645
CERTIFICATION OF BUSINESS REPRESENTATIONC3):
Mark all applicable blanks. This offeror repre part of this offer that:
This firm isx, is not- a minority businer This firm isx, is not- a woman-owned I
WOMAN-OWNED BUSINESS: A woman-o\
ness is a business of which at least 51 owned, controlled and operated by a woman Controlled is defined as exercising the powt policy decisions. Operation is defined E involved in the day-to-day management.
FIRM’S PRIMARY PRODUCTS OR SERVlCt
NO - w
DEFINITIONS:
MINORITY BUSINESS ENTERPRISE: “Minority Business” is defined as a business, at least 51 percent of which is owned, operated and controlled by minority group members, or in the case of publicly owned businesses, at least 51 percent of which is owned, operated and controlled by minority group members. The Small Business Administration CoNSTRUCTloN CoNTRACTOR: defines the socially and economically disadvantaged c - 12 (minorities) as Black American, Hispanic American,
Native Americans (i.e. American Indian, Eskimos, 61 2545 Aleuts and Native Hawaiians), and Asian-Pacific LiCENSE NUMBER: Americans (i.e., U.S. Citizens whose origins are from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan).
CERTIFICATION:
The information furnished is certified to be factual and correct as of the date submitted.
c8T’ 6%Ryi%iM5ve.
A D ES
CITY, STATE AND ZIP
TELEPHONE NUMBER
Street Improvements 1 e
CLASSIFICATIoN(S):
TAXPAYERS ID. NO. 33-0337594
I Frank & Son Paving, Inc. Alicia Vasquez
&u?a Vista, CA 91911
61 9- 422-8322
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OPTIONAL ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the City of Carlsbal
address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "C
whose adc
hereinaft
"Contractor" and whose ad
her
E.
r called "Escrow Agent."
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as
1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of C
the contractor has the option to deposit securities with the Escrow Agent as a subs
retention earnings required to be withheld by the City pursuant to the Construction Contrac
into between the City and Contractor for the Improvement to the Community Swim Complei
Lot, Contract No. 3512, in the amount of
(hereinafter referred to as the "Contract"). Alternatively, on written request of the contrz
City shall make payments of the retention earnings directly to the escrow agent. VI
Contractor deposits the securities as a substitute for Contract earnings, the Escrow Ag
notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance
negligent acts and omissions of the escrow agent in connection with the handling of r
under these sections in an amount not less than $100,000 per contract. The market val
securities at the time of the substitution shall be a least equal to the cash amount then re
be withheld as retention under the terms of the contract between the City and Coi
Securities shall be held in the name of the
designate the Contractor as the beneficial owner.
2. The City shall make progress payments to the Contractor for such funds which otherw
be withheld from progress payments pursuant to the Contract provisions, provided that th
Agent holds securities in the form and amount specified above.
3. When the City makes payment of retentions earned directly to the escrow agent, th
agent shall hold them for the benefit of the contractor until such time as the escrow crea
this contract is terminated. The contractor may direct the investment of the payrr
securities. All terms and conditions of this agreement and the rights and responsibiliti
parties shall be equally applicable and binding when the City pays the escrow agent directl;
4. The contractor shall be responsible for paying all fees for the expenses incurred by th Agent in administering the Escrow Account and all expenses of the City. These expe
payment terms shall be determined by the City, Contractor and Escrow Agent.
5. The interest earned on the securities or the money market accounts held in escro
interest earned on that interest shall be for the sole account of Contractor and shall be
withdrawal by Contractor at any time and from time to time without notice to the City.
dated
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6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow only by written notice to Escrow Agent accompanied by written authorization from City to the Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contrac
7. The City shall have a right to draw upon the securities in the event of default by the Cor Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrc shall immediately convert the securities to cash and shall distribute the cash as instructe
City.
8. Upon receipt of written notification from the City certifying that the Contract is final and ( and that the Contractor has complied with all requirements and procedures applicabll Contract, the Escrow Agent shall release to Contractor all securities and interest on dep
escrow fees and charges of the Escrow Account. The escrow shall be closed immediat 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 CI pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor s Escrow Agent harmless from Escrow Agent's release, conversion and disbursemen
securities and interest as set forth above.
IO. The names of the persons who are authorized to give written notices or to receiv
notice on behalf of the City and on behalf of Contractor in connection with the foregc
exemplars of their respective signatures are as follows:
For City: Title
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Name
Signature
Address st For Contractor: Title
Name
Signature
Address
For Escrow Agent: Title
Name
Signature I Address
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At the time the Escrow Account is opened, the City and Contractor shall deliver to the Esc
a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper offici
date first set forth above.
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For City: Title
Name
Signature
Address
eo
For Contractor: Title I Name
Signature
Address
For Escrow Agent: Title
Name
Signature 11 Address
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SPECIAL PROVISIONS
FOR
PARKING LOT
IMPROVEMENT OF THE COMMUNITY SWIM COMP
CONTRACT NO. 3512
s.
SUPPLEMENTAL PROVISIONS TO
s1 PART 1, GENERAL PROVISIONS
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUC
SECTION I -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMI
1-1 TERMS
Add the following section:
1-1 .I Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "s(
or words of similar import are used, it shall be understood that reference is made to
accompanying these provisions, unless stated otherwise.
Add the following section:
1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar i
used, it shall be understood that the direction, designation or selection of the Engineer is
unless stated otherwise. The word "required" and words of similar import shall be undc
mean "as required to properly complete the work as required and as approved by the I
unless stated otherwise.
Add the following section:
1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent",
words of similar import are used, it shall be understood such words are followed by the E
"in the opinion of the Engineer", unless otherwise stated. Where the words "approved", I' "acceptance", or words of similar import are used, it shall be understood that the
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 Contrac
expense, shall perform all operations, labor, tools and equipment, and further, incl
furnishing and installing of materials that are indicated, specified or required to meal
Contractor, at its expense, shall furnish and install the work, complete in place and rea
including furnishing of necessary labor, materials, tools, equipment, and transportation.
1-2 DEFINITIONS. Modify as follows: The following words, or groups of words
exclusively defined by the definitions assigned to them herein.
Agency - the City of Carlsbad, California.
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City Council -the City Council of the City of Carlsbad.
City Manager -the City Manager of the City of Carlsbad or hidher approved representativ
Dispute Board - persons designated by the City Manager to hear and advise the City ME
claims submitted by the Contractor. The City Manager is the last appeal level for inform: resolution.
Engineer - the City Engineer of the City of Carlsbad or hidher approved representative.
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 thf
Contract Price bid.
Own Organization - When used in Section 2-3.1 - Employees of the Contractor who i
directed, supervised and paid by the Contractor to accomplish the completion of the Work.
such employees have their employment taxes, State disability insurance payments, S
Federal income taxes paid and administered, as applicable, by the Contractor. Wher
Section 2-3.1 ”own organization” means construction equipment that the Contractor owns
and uses to accomplish the Work. Equipment that is owner operated or leased equipmer
operator is not part of the Contractor‘s Own Organization and will not be included for the pi
compliance with section 2-3.1 of the Standard Specifications and these Special Provisions.
Owner Operator/Lessor - Any person who provides equipment or tools with an operator
who is employed by neither the Contractor nor a subcontractor and is neither an agent or E
of the Agency or a public utility.
Principal inspector - The Senior Inspector’s immediate supervisor and second level of a
informal dispute resolution.
Project Inspector - the Engineer’s designated representative for inspection,
administration and first level for informal dispute resolution.
Senior Inspector - the Project Inspector’s immediate supervisor and first level of a1
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SECTION 2 -- SCOPE AND CONTROL OF THE WORK
2-3 SUBCONTRACTS.
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2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions
the Contractor to complete 50 percent of the contract price with its own organization, the
may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 p
the value of the work performed in excess of 50 percent of the contract price by other
Contractor’s own organization. The City Council shall be the sole body for determinal
violation of these provisions. In any proceedings under this section, the prime contractor
entitled to a public hearing before the City Council and shall be notified ten (10) days in ad
the time and location of said hearing. The determination of the City Council shall be final.
2-4 CONTRACT BONDS, modify as follows: Delete the third sentence of the first p: having to do with a surety being listed in the latest revision of U.S. Department of Treasury 8 p 570.
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Modify Paragraphs three and four to read: The Contractor shall provide G
performance/warranty bond and payment bond (labor and materials bond) for this contr
faithful performance/warranty bond shall be in the amount of 100 percent of the contract
the payment bond shall be in the amount of 50 percent of the contract price. Both bc
extend in full force and effect and be retained by the Agency during this project until
released according to the provisions of this section.
The faithful performance/warranty bond will be reduced to 25 percent of the original amour
after recordation of the Notice of Completion and will remain in full force and effect for the
warranty period and until all warranty repairs are completed to the satisfaction of the Engin
The payment bond shall be released six months plus 30 days after recordation of the
Completion if all claims have been paid.
Add the following: All bonds are to be placed with a surety insurance carrier adm
authorized to transact the business of insurance in California and whose assets exc
liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to c(
following documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by 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 i
s If the bid is accepted, the Agency may require a financial statement of the assets and lig
the insurer at the end of the quarter calendar year prior to 30 days next preceding the di
execution of the bond. The financial statement shall be made by an officer's certificate as I
Section 173 of the Corporations Code. In the case of a foreign insurer, the financial stater
be verified by the oath of the principal officer or manager residing within the United States.
E commissioner.
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2-5 PLANS AND SPECIFICATIONS.
2-5.1 General, add the following: The specifications for the work include the
Specifications for Public Works Construction, (SSPWC), 1997 Edition, hereinafter dc
"SSPWC", as issued by the Southern California Chapter of the American Public Works As:
and as amended by the Special Provisions section of this contract.
The construction plans consist of Sheets 1 to 4. The standard drawings used for this projec
latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated :
issued by the San Diego County Department of Public Works, together with the City of
Supplemental Standard Drawings. Copies of some of the pertinent standard drawings are
as an appendix to these Special Provisions.
2-5.3.3 Submittals, add the following: When submitted for the Engineer's revk
Drawings shall bear the Contractor's certification that he has reviewed, checked, and appr
Shop Drawings and that they are in conformance with the requirements of the Contract Dol
The Contractor shall subscribe to and shall place the following certification on all submittals
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“I hereby certify that the (equipment, material) shown and marked in this submittal is that p
to be incorporated into this Project, is in compliance with the Contract Documents, can be
in the allocated spaces, and is submitted for approval.
B
1 By: Title:
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Date:
Company Name:
Add the following:
2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete I’
record set of blue-line prints, which shall be corrected in red daily and show every change
original drawings and specifications and the exact “as-built“ locations, sizes and kinds of eq
underground piping, valves, and all other work not visible at surface grade. Prints for this
may be obtained from the Agency at cost. This set of drawings shall be kept on the job and
used only as a record set and shall be delivered to the Engineer upon completion of th
Payment for performing the work required by section 2-5.4 shall be included in various bid it
no additional payment will be made therefor.
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2-9 SURVEYING.
2-9.1 Permanent Survey Markers, substitute the following: The Contractor shall nc
permanent survey monuments or benchmarks without the consent of the Engineer. W
Engineer concurs, in writing, with the Contractor that protecting an existing monument in
impractical, the Contractor shall employ a licensed land surveyor to establish the locatic
monument before it is disturbed. The Contractor shall have the monument replaced by a
land surveyor no later than thirty (30) days after construction at the site of the replac
completed. The Licensed Land Surveyor shall file corner record@) as required by 35 I
8773, et seq. of the California Business and Professions Code.
When a change is made in the finished elevation of the pavement of any roadway in
permanent survey monument is located, the Contractor shall adjust the monument frame i
to the new grade. Monument frames and covers shall be protected during street sealing o
projects or be cleaned to the satisfaction of the Engineer.
2-9.3 Survey Service, substitute the following: . The Contractor shall hire and pc
services of a land surveyor licensed in the State of California, hereinafter Surveyor, to pi
work necessary for establishing control, construction staking, records research and
surveying work necessary to construct the work, provide surveying services as required h provide surveying, drafting and other professional services required to satisfy the requirc
the Land Surveyors Act. Surveyor shall be resident on the site during all surveying opera
shall personally supervise and certify the surveying work.
Add the following section:
2-9.3.1 Submittal of Surveying Data, All surveying data submittals shall confo
requirements of section 2-5.3.3, “Submittals”, herein. The Contractor shall submit grade
the Engineer before commencing work in the area affected by the grade sheets. The (
shall submit field notes for all surveying required herein to the Engineer within ter
performing the survey. All surveying field notes, grade sheets and survey calculation:
submitted in bound form on 8’4” by 11” paper. The field notes, calculations and data sha and complete with name of field party chief, field crew members, preparer, date of obsc
calculation, consecutive page numbers and shall be readable without resort to any elec
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computer program or documentation for any computer program. The field notes shall be in conformance with the CALTRANS “Surveys Manual”. The Contractor shall have a F
Survey prepared and filed in conformance with 5s 8700 - 8805 of the State of California
and Professions Code showing all SDRS M-10 monuments set. The record of survey shall
location and justification of location of all permanent monuments set and their relation to 1
right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer’s review and
before submittal to the County Surveyor and before submittal to the County Recorder.
Add the following section:
2-9.3.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer
intervals as measured along the project stationing unless a lesser interval is specified
Rough sub-grade stakes on slopes shall be set at top of cuts, toe of fills, or slope catch p
street crown lines where no median exists. Large slopes shall have line point set
construction of the slope. Rough sub-grade stakes for roadway section shall be set a
pavement and top of curbs. Finish sub-grade stakes shall be set prior to placing su
aggregate base for the roadway section. The stakes shall be set at edge of pavement a
curbs. Finish subgrade stakes for the aggregate base for the roadway section shall be ,
intervals at edge of pavement and top of curbs and crown line where no mediar
Intermediate stakes between edge of pavement and top of curb shall be set at 15-foOt in‘
the surveyor. Finish aggregate subbase and aggregate base grade stakes shall be i
intervals at top of curb, edge of pavement, and all crown lines and grade breaks. Intc
stakes between edge of pavement and top of curb shall be set at 15-foot intervals. St(
staking shall be done at &foot intervals. Catch basins shall be staked at centerline and
of the local depression. Curbskurbs and gutter shall be staked at 25-foot intervals, cen
driveways, and 1/4, 1/2, 314 delta on returns. Fills to finish grade at 25-foot intervals by t
pass width shall be painted on the pavement prior to placing each lift of asphalt or
thickness pavement overlays requiring leveling courses. Intersections showing specifii
asphalt grids shall be painted per the grid. Stakes shall be set to show the location anc
future curbs adjacent to traffic signal locations where the curb is not being built as a p
contract. Surveyor shall mark the removal limits and limits of work line shown on the pl
markings shall consist of continuous painted lines on asphalt and concrete surfaces and rc
or painted laths spaced on centers no more than twenty-five feet on unimproved arc
markings shall be completed by Surveyor and inspected and approved by the Engineer I
start of construction in the area marked. Centerline monuments shall be laid out,
stamped, and a Record of Survey satisfactory to the Engineer filed with the County in ac
with the Professional Land Surveyors Act. Water and sewer line stakes shall be set
intervals with offsets referencing the top and centerline of pipe on main line and latera
pipeline work the pipe and each access hole, pipe material change, lateral connectit
appurtenance, or hydrant location with elevations shall be staked and provided with gra
designating the offset of the reference point, station, elevation of reference point, cut ((
feature of pipe that is referenced.
Add the following section:
2-9.3.3 Payment for Survey, Payment for work performed to satisfy the requirc
Sections 2-9.1 through 2-9.3.2 shall be included in the actual bid items requiring the su
and no additional payment will be made. Extension of unit prices for extra work shall ii
compensation for attendant survey work and no additional payment will be made therefor.
for the replacement of disturbed monuments and the filing of corner records shall be in(
the work necessitating the disturbance of said monuments and no additional payment wil
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2-10 AUTHORITY OF BOARD AND ENGINEER
0 Add the following section:
2-10.1 Availability of Records, The Contractor shall provide copies of all recorc
Contractor’s or subcontractor’s possession pertaining to the work that the Engineer may req
Add the following section:
2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make availabl
Engineer, within San Diego County, accurate books and accounting records relative
activities. The Engineer shall have the right to monitor, assess, and evaluate COI
performance pursuant to this Agreement, said monitoring, assessments, and evaluations tc
but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and ii
of Contractor’s staff. At any time during normal business hours and as often as the Engii
deem necessary, upon reasonable advance notice, Contractor shall make available to the
for examination, all of its records with respect to all matters covered by this Contract and v
the Engineer to audit, examine, copy and make excerpts or transcripts from such data and
and to make audits of all invoices, materials, payrolls, records of personnel, and other dat
to all matters covered by this Contract. However, any such activities shall be carried
manner so as to not unreasonably interfere with Contractor’s ongoing business OF
Contractor shall maintain such data and records for as long as may be required by applic
and regulations.
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SECTION 3 -- CHANGES IN WORK
3-3 EXTRA WORK.
3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decn
minor Bid Item, the use of this basis for the adjustment of payment will be limited to that I
the change, which together will all previous changes to that item is not in excess of 25 per0
total cost of such item based on the original quantity and Contract Unit Price. Adjusi
excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 2
Work.
3-3.2.2 ( c ) Tool and Equipment Rental, Reg;
ownership, the rates and right-of-way delay factors to be used in determining rental and dc
shall be the edition of the, “Labor Surcharge & Equipment Rental Rates” published by CA
current at the time of the actual use of the tool or equipment. The right-of-way delay facto
shall be used as multipliers of the rental rates for determining the value of costs for del
Contractor and subcontractors, if any, The labor rates published therein are not a pz
contract.
3-3.2.3 Markup, Delete section 3-3.2.3 from the 1995 and 1996 Supplements to the SS
replace with the following:
(a) and shall constitute the markup for all overhead and profits:
1) Labor ................................... 20
2) Materials 15 3) Equipment Rental ................... 15 I 4) Other Items and Expenditures .. 15
To the sum of the costs and markups provided for in this section, 1 percent shall be 1 compensation for bonding.
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second paragraph, modify as follows:
Work by Contractor. The following percentages shall be added to the Contract
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(b) Work by Subcontractor. When all or any part of the extra work is perform(
Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor
cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portic
extra work and a markup of 5 percent on work added in excess of $5,000 of the subcc
portion of the extra work may be added by the Contractor.
3-3.3 Daily Reports by Contractor, Pay extra work will not be made until such time that the Contractor submits completed daily rer
all supporting documents to the Engineer.
3-4 CHANGED CONDITIONS. delete the second sentence of paragraph three, delete pi
five (5), and add the following: The Contractor shall not be entitled to the payment of any a
compensation for any act, or failure to act, by the Engineer, including failure or refusal tc
change order, or for the happening of any event, thing, occurrence, or other cause, unless
have first given the Engineer due written notice of potential claim as hereinafter sp
Compliance with this section shall not be required as a prerequisite to notice provisions in S
7.3 Contract Time Accounting, nor to any claim that is based on differences in measur?
errors of computation as to contract quantities. The written notice of potential claim for
conditions shall be submitted by the Contractor to the Engineer upon their discovery and pi
time that the Contractor performs the work giving rise to the potential claim. The Contract0
to give written notice of potential claim for changed conditions to the agency upon their (
and before they are disturbed shall constitute a waiver of all claims in connection therewith.
The Contractor shall provide the City with a written document containing a descriptic
particular circumstances giving rise to the potential claim, the reasons for which the C
believes additional compensation may be due and nature of any and all costs involved
working days of the date of service of the written notice of potential claim for changed co
Verbal notifications are disallowed.
The potential claim shall include the following certification relative to the California False CI
Government Code Sections 12650-1 2655.
“The undersigned certifies that the above statements are made in full cognizance of the
False Claims Act, Government Code sections 12650-1 2655. The undersigned further unc
and agrees that this potential claim, unless resolved, must be restated as a claim in respor
City’s proposed final estimate in order for it to be further considered.”
The Contractor’s estimate of costs may be updated when actual costs are known. The (
shall submit substantiation of its actual costs to the Engineer within 20 working days
affected work is completed. Failure to do so shall be sufficient cause for denial of
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 b
the contract be brought to the attention of the Engineer at the earliest possible time in
such matters be settled, if possible, or other appropriate action promptly taken.
3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency writter
potential claim prior to commencing any disputed work. Failure to give said notice shall u
waiver of all claims in connection therewith.
Delete second sentence of paragraph one and add the following: Prior to proceeding wi
resolution pursuant to Public Contract Code (PCC) provisions specified hereinafter, the
add the following after the second sentence:
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shall attempt to resolve all disputes informally through the following dispute resolution
command: I. Project inspector
2. Senior Inspector
3. Principal Inspector
4. City Engineer
5. City Manager
The Contractor shall submit a complete report within 20 working days after completic
disputed work stating its position on the claim, the contractual basis for the claim, alon
documentation supporting the costs and all other evidentiary materials. At each level 01
appeal of claim the City will, within 10 working days of receipt of said claim or appeal
review the Contractor's report and respond with a position, request additional information c
that the Contractor meet and present its report. When additional information or a K
requested the City will provide its position within 10 working days of receipt of said
information or Contractor's presentation of its report. The Contractor may appeal eac
position up to the City Manager after which he may proceed under the provisions of ti
Contract Code.
The authority within the dispute resolution chain of command is limited to recomm
resolution to a claim to the City Manager. Actual approval of the claim is subject to the cha
provisions in the contract.
All claims by the contractor for $375,000 or less shall be resolved in accordance
procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commei
Section 201 04) which is set forth below:
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ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS
20104. (a)(l) This article applies to all public works claims of three hundred seventy-five
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 contrac
public agency when the public agency has elected to resolve any disputes pursuant to I
(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 Coc
that "public work" does not include any work or improvement contracted for by the st;
Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) pi
money or damages arising from work done by, or on behalf of, the contractor pursu:
contract for a public work and payment of which is not otherwise expressly provided
claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed b!
agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans or spe
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
Claims must be filed on or before the date of final payment. Nothing in this subdivision is ir
extend the time limit or supersede notice requirements otherwise provided by contract fo
of claims. 1 (b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall r
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writing to any written claim within 45 days of receipt of the claim, or may request, in writin
30 days of receipt of the claim, any additional documentation supporting the claim or re
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 pursuai
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 sub1
the claimant within 15 days after receipt of the further documentation or within a period of
greater than that taken by the claimant in producing the additional information, whichever is
(c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three
seventy-five thousand dollars ($375,000), the local agency shall respond in writing to a1
claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of r
the claim, any additional documentation supporting the claim or relating to defenses to the (
local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursua
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 subi
the claimant within 30 days after receipt of the further documentation, or within a period oi
greater than that taken by the claimant in producing the additional information or rf
documentation, whichever is greater.
(d) If the claimant disputes the local agency's written response, or the local agency fails to
within the time prescribed, the claimant may so notify the local agency, in writing, either
days of receipt of the local agency's response or within 15 days of the local agency's
respond within the time prescribed, respectively, and demand an informal conference to I
confer for settlement of the issues in dispute. Upon a demand, the local agency shall sc
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 dis
claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and C
(commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government C
purposes of those provisions, the running of the period of time within which a claim mus
shall be tolled from the time the claimant submits his or her written claim pursuant to subdi
until the time that claim is denied as a result of the meet and confer process, including any
time utilized by the meet and confer process. (9 This article does not apply to tort claims and nothing in this article is intended nor
construed to change the time periods for filing tort claims or actions specified by C
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 o
3.6 of Title 1 of the Government Code.
20104.4. The following procedures are established for all civil actions filed to resolve clair
to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings,
shall submit the matter to nonbinding mediation unless waived by mutual stipulation of boi
The mediation process shall provide for the selection within 15 days by both par
disinterested third person as mediator, shall be commenced within 30 days of the subn
shall be concluded within 15 days from the commencement of the mediation unle:
requirement is extended upon a good cause showing to the court or by stipulation of both
the parties fail to select a mediator within the 15-day period, any party may petition thc
appoint the mediator.
(b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pi
Chapter 2.5 (commencing with Section 1141 .IO) of Title 3 of Part 3 of the Code of Civil F
notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986
(commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil p
shall apply to any proceeding brought under the subdivision consistent with the rules pei
judicial arbitration.
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(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators ,
for purposes of this article shall be experienced in construction law, and, upon stipulati
parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of I
exceed their customary rate, and such fees and expenses shall be paid equally by th
except in the case of arbitration where the arbitrator, for good cause, determines a differen
In no event shall these fees or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of tht
Civil Procedure, any party who after receiving an arbitration award requests a trial de novc
not obtain a more favorable judgment shall, in addition to payment of costs and fees L
chapter, pay the attorney’s fees of the other party arising out of the trial de novo.
(c) The court may, upon request by any party, order any witnesses to participate in the me
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is UI
except as otherwise provided in the contract.
(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the leg;
any arbitration award or judgment. The interest shall begin to accrue on the date the suit is
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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 q
access to any and all parts of work at any time. Contractor shall furnish Engineer w
information as may be necessary to keep the Engineer fully informed regarding progr
manner of work and character of materials. Inspection or testing of the whole or any portic
work or materials incorporated in the work shall not relieve Contractor from any obligation
this Contract.
4-1.4 Test of Materials, add the following: Except as specified in these Special Provk
Agency will bear the cost of testing materials and/or workmanship where the results of s
meet or exceed the requirements indicated in the Standard Specifications and the
Provisions. The cost of all other tests shall be borne by the Contractor.
At the option of the Engineer, the source of supply of each of the materials shall be approvt
before the delivery is started. All materials proposed for use may be inspected or tested at
during their preparation and use. If, after incorporating such materials into the Work, it is fi
sources of supply that have been approved do not furnish a uniform product, or if the proc
any source proves unacceptable at any time, the Contractor shall furnish approved matt
other approved sources. If any product proves unacceptable after improper storage, hand1
any other reason it shall be rejected, not incorporated into the work and shall be removed
project site all at the Contractor’s expense.
Compaction tests may be made by the Engineer and all costs for tests that meet or ex
requirements of the specifications shall be borne by the Agency. Said tests may be mac
place along the work as deemed necessary by the Engineer. The costs of any rete5
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
satisfactory performance of substituted items. If, in the sole opinion of the Enginc
substitution is determined to be unsatisfactory in performance, durability, compatibi I associated items, availability of repair parts and suitability of application the Contraci
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remove the substituted item and replace it with the originally specified item at no cos
Agency. SECTION 5 -- UTILITIES
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5-1 LOCATION. Add the following: The Agency and affected utility companies have, by of known records, endeavored to locate and indicate on the Plans, all utilities which exist v
limits of the work. However, the accuracy and/or completeness of the nature, size and/or IC
utilities indicated on the Plans is not guaranteed.
5-4 RELOCATION. Add the following: In order to minimize delays to the Contractor c
the failure of other parties to relocate utilities that interfere with the construction, the Cc
upon request to the Engineer, may be permitted to temporarily omit the portion of work af
the utility. Such omission shall be for the Contractor’s convenience and no additional comf
will be allowed therefor. The portion thus omitted shall be constructed by the C
immediately following the relocation of the utility involved unless otherwise directed by the E
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SECTION 6 -- PROSECUTION, PROGRESS AND
ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete subsec
and substitute the following: The Contractor shall begin work within ten (10) calendar d:
receipt of the “Notice to Proceed”.
6-1 .I Pre-Construction Meeting. After, or upon, notification of contract award, the Ens
set the time and location for the Preconstruction Meeting. Attendance of the Co
management personnel responsible for the management, administration, and executic
project is mandatory for the meeting to be convened. Failure of the Contractor to
Contractor’s responsible project personnel attend the Preconstruction Meeting will be gn
default by Contractor per section 6-4. No separate payment will be made for the Co
attendance at the meeting. The notice to proceed will only be issued on or after the com
the preconstruction meeting.
Add the following section:
6-1 .I Measurement And Payment Of Construction Schedule. The Contractor’s prc
revision and maintenance of the Construction Schedule are incidental to the work and no
payment will be made therefor.
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6-2 PROSECUTION OF WORK.
Add the following section:
6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equip
materials, and performing all operations necessary to complete the Project Work as shoc
Project Plans and as specified in the Specifications. The work includes removing existin
pavement, concrete curb and gutter, concrete medians and a grass median, as well as co
of new asphalt pavement, concrete curb and gutter, striping, modifying irrigation lines, me(
relocation of existing parking signs.
Add the following section:
6-2.3 Project Meetings. The Engineer will establish the time and location of week
Meetings. Each Project Meeting shall be attended by the Contractor’s Representative. Tt
Representative shall be the individual determined under section 7-6, “The Cc
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Representative", SSPWC. No separate payment for 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 providc
notice to the Engineer within two hours of the beginning of any period that the Contractor ha
any workers or equipment on standby for any reason that the Contractor has determinc
caused by the Agency or by any organization that the Agency may otherwise be obligated
Contractor shall provide continuing daily written notice to the Engineer, each work
throughout the duration of such period of delay. The initial and continuing written notic
include the classification of each workman and supervisor and the make and model of each
equipment placed on standby, the cumulative duration of the standby, the Contractor's o
the cause of the delay and a cogent explanation of why the Contractor could not avoid the
reasonable means. Should the Contractor fail to provide the notice@) required by this se
Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefc
6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosec
work to completion prior to August 30, 1997. No extensions for delays or weather shall be l
6-7.2 Working Day. Unless otherwise approved in writing by the I
the hours of work shall be between the hours of 7:OO a.m. and 500 p.m. on Monday:
Fridays, excluding Agency holidays. The Contractor shall obtain the written approv
Engineer if the Contractor desires to work outside said hours or at any time during weeken
holidays. This written permission must be obtained at least 48 hours prior to such w
Engineer may approve work outside the hours and/or days stated herein when, in his
opinion, such work conducted by the Contractor is beneficial to the best interests of the Agt
Contractor shall pay the inspection costs of such work.
6-8 COMPLETION AND ACCEPTANCE. Add the following: All work shall be warrantec
(1) year after recordation of a "Notice of Completion" and any faulty work or materials di:
during the warranty period shall be repaired or replaced by the Contractor, at its expense.
five percent of the faithful performance bond shall be retained as a warranty bond for the I
warranty period.
6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first
of the second paragraph and add the following: For each consecutive calendar day in
the time specified for completion of Work, as adjusted in accordance with 6-6, the Contrz
pay the Agency, or have withheld monies due it, the sum of Six Hundred Dollars ($600.00)
Execution of the Contract shall constitute agreement by the Agency and Contractor that $€ day is the minimum value of costs and actual damages caused by the Contractor to cor
Work within the allotted time. Any progress payments made after the specified completion
not constitute a waiver of this paragraph or of any damages.
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SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR
7-3 LlABlLIN INSURANCE. Add the following: All insurance is to be placed with in5
have a rating in Best's Key Rating Guide of at least A-:V and are admitted and aut1
conduct business in the state of California and are listed in the official publication of the D
of Insurance of the State of California.
@ 74 WORKERS' COMPENSATION INSURANCE. Add the following: All insurancc
placed with insurers that are admitted and authorized to conduct business in the state of
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and are listed in the official publication of the Department of Insurance of the State of Ci I Policies issued by the State Compensation Fund meet the requirement for workers‘ comr I. 7-5 insurance. PERMITS. Modify the first sentence to read: Except as specified herein the ag
obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, and buildin!
necessary to perform work for this contract on Agency property, in streets, highways (exc
highway right-of-way), railways or other rights-of-way. Contractor shall not begin work
permits incidental to the work are obtained. The Contractor shall obtain and pay for all PI
the disposal of all materials removed from the project. The cost of said permit(s) shall be
in the price bid for the appropriate bid item and no additional compensation will be allowed 1
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7-7 COOPERATION AND COLLATERAL WORK.
Add the following section:
7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility c(
during the relocation or construction of their lines. The Contractor may be granted a time (
if, in the opinion of the Engineer, a delay is caused by the utility company. No <
compensation will be made to the Contractor for any such delay.
7-8 PROJECT SITE MAINTENANCE.
7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control requir
shall also be executed on weekends and other non-working days when needed to pre health safety or welfare of the public. The Contractor shall conduct effective cleanup
control throughout the duration of the Contract. The Engineer may require increased
cleanup and dust control that, in hidher sole discretion, are necessary to preserve the hea
and welfare of the public. Cleanup and dust control shall be considered incidental to thc
work that they are associated with and no additional payment will be made therefor.
7-8.5 Temporary Light, Power and Water. The Contractor shal
construction meter for water used for the construction, plant establishment, maintenance,
testing and all other work requiring water related to this contract. The Contractor shall c(
appropriate water agency for requirements.
The Contractor shall pay all costs of temporary light, power and water including hookur
meter and any, and all, other charges, deposits and/or fees therefor.
considered incidental to the items of work that they are associated with and no additional
will be made therefor.
Add the following section:
7-8.8 Noise Control. All internal combustion engines used in the construction shall be
with mufflers in good repair when in use on the project with special attention to the (
Control Ordinance, Carlsbad Municipal Code Chapter 8.48.
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7-10 PUBLIC CONVENIENCE AND SAFETY.
7-1 0.3 Street Closures, Detours, Barricades. Add the following: Traffic controls z
accordance with the plans, Chapter 5 of the California Department of Transportation “1
Traffic Controls,” 1996 edition and these Special Provisions. If any component in the tral
system is displaced, or ceases to operate or function as specified, from any cause, t
progress of the work, the Contractor shall immediately repair said component to its origina
or replace said component and shall restore the component to its original location. In the
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the Contractor fails to install andlor maintain barricades or such other traffic signs, n
delineation or devices as may be required herein, the Engineer may, at his/her sole optio
the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars
per day per traffic sign or device, or the actual cost of providing such traffic contro
Add the following section:
7-10.3.1 Construction Area Signs. Warning and advisory signs, lights and devices in:
placed to provide traffic control, direction and/or warning shall be furnished, installed, mi
and removed by the Contractor when no longer required. Care shall be used in PE
excavation for signs in order to protect underground facilities. Warning and advisory s
remain in place overnight shall be stationary mounted signs. Stationary signs that warr
existant conditions shall be removed from the travelled way or shielded from the vie1
travelling public during such periods that their message does not pertain to existing condit
excavation required to install stationary construction area signs shall be performed
methods without the use of power equipment. Warning and advisory signs that are used or
working hours may be portable signs. Portable signs shall be removed from the travelled
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 Vehic
portable signs shall be illuminated or, at the option of the Contractor, shall be in conformi
the provisions in Section 12-3.06B, “Portable Signs”, of the CALTRANS Standard Specific
Reflexite vinyl microprism reflective sheeting signs; or 3M high intensity reflectorized shl
aluminum substrate signs of Seibulite Brand Ultralite Grade Series, encapsulated lens retrc
sheeting signs; or equal.
Stationary mounted signs used for traffic control during construction of the Work shall be in
on break-away sign posts as shown on SDRS drawing M-45 or on wood posts in the same
shown on CALTRANS Standard Plans RS 1, RS 2, RS 3 and RS 4 for installation of roads
except as follows:
(a) Back braces and blocks for sign panels will not be required.
(b) The height to the bottom of the sign panel above the edge of traveled way shall be at It
2.1 m.
(c) Construction area sign posts may be installed on above ground temporary platform sig supports as approved by the Engineer, or the signs may be installed on existing lighting sta
or other supports as approved by the Engineer.
(d) When construction area signs are installed on existing lighting standards, holes shall r made in the standards to support the sign.
(e) The post embedment shall be 0.8-m if post holes are backfilled around the posts with 2500 concrete. (9 When break-away sign posts (SDRS M-45) are used one post shall be provided for ei
square meters of sign area.
For wood posts post size and number of posts shall be as shown on CALTRANS Standard
2. Lumber for wood posts shall be as for sight posts.
Sign panels for stationary mounted signs shall conform to the requirements of Sectio
“Reflective Sheeting Aluminum Signs”, and the following:
(a) All rectangular sheet aluminum signs over 1375 mm measured along the horizontal ai
diamond-shaped sheet aluminum signs 1500 mm and larger shall be framed unless
specified.
(b) Frames shall be constructed in accordance with “Framing Details for Sheet Alumini Sheets 1 through 4 and Table 1 on Sheet 5, as published by CALTRANS.
(c) Sign panel fastening hardware shall be commercial quality.
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Each portable sign shall consist of a base, standard or framework and a sign panel. The u
be capable of being delivered to the site of use and placed in immediate operation. Sign p
portable signs shall conform to the requirements of sign panels for stationary mounted sign
7, “Reflective Sheeting Aluminum Signs”, or shall be Type IV reflective sheeting, cotton d
flexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be used d
hours of darkness. Size, color, and legend requirements for portable signs shall be as desc
stationary mounted sign panels in Section 206-7, “Reflective Sheeting Aluminum Sigr
height to the bottom of the sign panel above the edge of traveled way shall be at least 0
parts of the sign standard or framework shall be finished with 2 applications of an orangc
which will match the color of the sign panel background. Testing of paint will not be rec
portable signs are displaced or overturned, from any cause, during the progress of the ’
Contractor shall immediately replace the signs in their original locations.
Add the following section:
7-10.3.2 Maintaining Traffic. Attention is directed to Sections 7-10 SSPWC “Public Con
and Safety.“ Nothing in these Special Provisions shall be construed as relieving the Contra
its responsibility as provided in said Section 7-10. If illuminated traffic cones rather than
delineators are used during the hours of darkness, they shall be affixed or covered with
cone sleeves as specified in CALTRANS “Standard Specifications”, except the sleeves
seven (7) inches long.
The Contractor’s personnel shall not work closer than six (6) feet, nor operate equipment \i
(2) feet from any traffic lane occupied by traffic. For equipment the two (2) feet shall be r
from the closest approach of any part of the equipment as it is operated and/or manei
performing the work. This requirement may be waived when the Engineer has give
authorization to the reduction in clearance that is specific to the time, duration and locatio
waiver or for the work of installing, maintaining and removing traffic control devices. As a
of such waiver the Engineer may require the Contractor to detour traffic, adjust the wic
realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers.
Personal vehicles of the Contractor’s employees shall not be parked within the travc
including any section closed to public traffic. Whenever vehicles or equipment are parkc
shoulder within six (6) feet of a traffic lane, the shoulder area shall be closed with fluoresc
cones or portable delineators placed on a taper in advance of the parked vehicles or equip
along the edge of the pavement at 25-foot intervals to a point not less than 25 feet pas
vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shal
for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mc
a telescoping flag tree with flags. The flag tree shall be placed where directed by the Eng
construction traffic control devices shall be maintained in good order and according to
throughout the duration of work. During the entire construction, a minimum of two pa!
lanes, not less than twelve (12) feet wide, shall be open for use by public traffic in each di
Add the following section:
7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During tr:
operations, traffic shall be controlled with lane closures, as provided for under “Traffi
System for Lane Closure” of these Special Provisions or by use of an alternative traffic cc proposed by the Contractor and approved by the Engineer. The Contractor shall not s
striping operations using an alternative plan until he has submitted its plan to the Enginee
received the Engineer’s written approval of said plan.
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Add the following section: ’ 7-1 0.3.5 Temporary Pavement Delineation. Temporary pavement delineation
furnished, placed, maintained and removed in accordance with the minimum standards sp Chapter 5 of the “Traffic Manual”, 1996 edition published by CALTRANS. Whenever
causes obliteration of pavement delineation, temporary or permanent pavement delineatior in place prior to opening the traveled way to public traffic. Lane line or centerline F
delineation shall be provided at all times for traveled ways open to public traffic. All work nc
including any required lines or marks, to establish the alignment of temporary pavement dt
shall be performed by the Contractor. When temporary pavement delineation is removed
and marks used to establish the alignment of the temporary pavement delineation shall be
by grinding.
Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose
Temporary pavement delineation shall not be applied over existing pavement delineation
temporary pavement delineation. Temporary pavement delineation shall be maintai superseded or replaced with permanent pavement delineation.
Temporary pavement delineation shall be removed when, as determined by the Engi
temporary pavement delineation conflicts with the permanent pavement delineation or WI
traffic pattern for the area and is no longer required for the direction of public traffic
temporary pavement delineation is required to be removed, all lines and marks used to
the alignment of the temporary pavement delineation shall be removed.
Add the following section: 7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all r
precautions for the safety of employees on the work and shall comply with all applicable [
of Federal, State and Municipal safety laws and building codes to prevent accidents or
persons on, about, or adjacent to the premises where the work is being performed. The C
shall erect and properly maintain at all times, as required by the conditions and progre
work, all necessary safeguards for the protection of workers and public, and shall use dar
warning against hazards created by such features of construction as protruding nails, hc
7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect
include Chapter 11.06. Excavation and Grading. If this notice specifies locations or
materials, such as borrow pits or gravel beds, for use in the proposed construction proj
would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the {
established pursuant to Section 1601 et seq. of the Fish and Game Code shall become f
of the contract.
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SECTION 9 -- MEASUREMENT & PAYMENT
9-3 PAYMENT.
9-3.2 Partial and Final Payment. Modify the second paragraph as follows: Each m
Engineer will make an approximate measurement of the work performed to the closure
basis for making monthly progress payments. The estimated value will be based on con
prices, completed change order work and as provided for in Section 9-2 of the
Specifications (SSPWC). Progress payments shall be made no later than thirty (30) caler
after the closure date. Five (5) working days following the closure date, the Engin
complete the detailed progress pay estimate and submit it to the Contractor for his info Should the Contractor assert that additional payment is due, the Contractor shall within
days of receipt of the progress estimate, submit a supplemental payment request to the I with adequate justification supporting the amount of supplemental payment request. Upc
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of the supplemental payment request, the Engineer shall, as soon as practicable after
determine whether the supplemental payment request is a proper payment request.
Engineer determines that the supplemental payment request is not proper, then the requl
be returned to the Contractor as soon as practicable, but not later than seven (7) days after
The returned request shall be accompanied by a document setting forth in writing the reas
the supplemental payment request was not proper. In conformance with Public Contra
Section 20104.50, the City shall make payments within thirty (30) days after receir
undisputed and properly submitted supplemental payment request from the Contractor. If 1 of the undisputed supplemental payment request is not made within thirty (30) days after rc
the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate
in subdivision (a) of Section 685.01 0 of the Code of Civil Procedure.
9-3.2 Partial and Final Payment. Modify the third paragraph as follows: The Age1
retain 10 percent of such estimated value of the work done and 10 percent of the value of t
so estimated to have been furnished and delivered and unused or furnished and s'
aforesaid as part security for the fulfillment of the contract by the Contractor, except th:
time after 20 percent of the work has been completed, if the Engineer finds that sal
progress is being made, the Agency may reduce the total amount being retained from
pursuant to the above requirements to 5 percent of the total estimated value of said v
materials and may also reduce the amount retained from any of the remaining partial pay
5 percent of the estimated value of such work and materials. In addition, on any partial
made after 95 percent of the work has been completed, the Agency may reduce the
withheld from payment pursuant to the requirements of this Section to such lesser amoun
Engineer determines is adequate security for the fulfillment of the balance of the work a
requirements of the contract, but in no event will said amount be reduced to less than 12:
of the estimated value of the work yet to be completed as determined by the Enginee
reduction will only be made upon the written request of the Contractor and shall be apf
writing by the surety on the Performance Bond and by the surety on the Payment Boi
approval of the surety shall be submitted to the Engineer; the signature of the person exec
approval for the surety shall be properly acknowledged and the power of attorney author
to give such consent must either accompany the document or be on file with the Agency.
9-3.2 Partial and Final Payment. After final inspc
Engineer will make a Final Payment Estimate and process a corresponding payment. Thi!
will be in writing and shall be for the total amount owed the Contractor as determinc
Engineer and shall be itemized by the contract bid item and change order item with quai
payment amounts and shall show all deductions made or to be made for prior payn
amounts to be deducted under provisions of the contract. All prior estimates and progress
shall be subject to correction in the Final Payment Estimate.
The Contractor shall have 30 calendar days from receipt of the Final Payment Estimatt
written statement disputing any bid item or change order item quantity or payment amc
Contractor shall provide all documentation at the time of submitting the statement sup
position. Should the Contractor fail to submit the statement and supporting documenta
the time specified, the Contractor acknowledges that full and final payment has been m,
contract bid items and change order items.
If the Contractor submits a written statement with documentation in the aforementioned
Engineer will review the disputed item within 30 calendar days and make any a
adjustments on the Final Payment. Remaining disputed quantities or amounts not appro\
Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work.
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The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to asce basis and amount of said claims. The Engineer will consider and determine the Contractor'
and it will be the responsibility of the Contractor to furnish within a reasonable time sucl
information and details as may be required by the Engineer to determine the facts or cor
involved in its claims. Failure to submit such information and details will be sufficient c
denying the claims.
9-3.2.1 Payment for Claims. Add the following: Written statement shall be submitte
Agency within 30 calendar days of receipt of Final Payment for all claims for the entire pro
claim will be considered that was not included in this written statement, nor will any claim be
for which written notice or protest is required under any provision of this contract including
3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.r
Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has comp
notice or protest requirements.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to asce
basis and amount of said claims. The Engineer will consider and determine the Contractor
and it will be the responsibility of the Contractor to furnish within a reasonable time SUC
information and details as may be required by the Engineer to determine the facts or COI
involved in its claims. Failure to submit such information and details will be sufficient c
denying the claims.
Payment for claims shall be processed within 30 calendar days of receipt of the written stat1
further information, whichever is longer, for those claims approved by the Engineer. The C
shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for tho:
remaining in dispute.
Add the following section:
9-3.3.1 Delivered Materials.
into the work will not be included in the progress estimate.
Add the following section:
9.3.4. Mobilization. The bid item for mobilization shall not exceed three thousanc
1 0 m
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Type of Construction
All Concrete Used Within the Right-of-way (1)
Trench Backfill Slur
Monuments
Concreted-Rock Erosion Protection
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10 Street Light F:ndations and Survey
1 Traffic Signal Foundations
Concrete Maximu
Class Slump (Inc
560-C-3250 (2) (3)
190-C-250 5
560-C-3250 4
590-C-3750 4
520-C-25OOP per Table 300-'
USES
Headers for bituminous pavement up to
2x4
Headers for bituminous pavement larger
than 2" x 4''
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GRADES
construction grade Redwood or treated construction grade Douglas Fir
number 1 grade Redwood, or treated
number 1 grade Douglas Fir
Nominal Outside
Dimension, Inches
1 x1 E Outside Tolerance for All
Sides at Corners, in Inches
0.005
2‘1, x 2’12
2x3
0.01 0
0.01 0
Nominal Outside
Dimension, Inches
1 x1
1-114 X 1-114
1-1/2 x 1-1/2
1-3/4 x 1-314
2x2
2-3/16 X 2-3/16
2-112 x 2-1/2
2x3
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Twist Permissible
Squareness* in 3 Feet, Inch**
0.006 0.050
0.007 0.050
0.009 0.050
0.01 0 0.062
0.01 2 0.062
0.01 4 0.062
0.01 4 0.062
0.01 5 0.075
0.01 8 0.075
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At the option of the Contractor, material thinner than 3.2 mm shall be galvanized eithc
fabrication in conformance with the requirements of ASTM Designation: A 525M,
Designation 2600, or after fabrication in conformance with the requirements of ASTM Des
A 123, except that the weight of zinc coating shall average not less than 365 g per square
actual surface area with no individual specimen having a coating weight of less than :
square meter.
Galvanizing of standard pipe shall conform to the requirements of ASTM Designatio1
Galvanizing will not be required for stainless steel, monel metal and similar corrosion resist
Fabrication shall include all operations such as shearing, cutting, punching, forming, drillin1
bending, welding and riveting. All welded areas shall be thoroughly cleaned prior to galvi
remove all slag or other material that would interfere with the adherence of the zinc. V
necessary to straighten any sections after galvanizing, the work shall be performed withou
to the zinc coating.
Galvanizing of iron and steel hardware and nuts and bolts, when specified or shown on 1
shall conform to the specifications of ASTM Designation: A 153, except whenever thread
bolts, nuts, and washers are specified to conform to ASTM Designation: A307, A325,
A 449, A 563, A 563M. or F 436 and zinc coating is required, they shall be hot-dip zinc
mechanically zinc coated in accordance with the requirements of the ASTM Designations
otherwise specified, galvanizing shall be performed after fabrication. Components
assemblies shall be galvanized separately before assembly. Tapping of nuts or other
threaded parts to be used with zinc coated bolts, anchor bars or studs shall be d
galvanizing and shall conform to the requirements for thread dimensions and ov
allowances in ASTM Designation: A 563 or A 563M.
When specified, painting of zinc coated surfaces shall be in accordance with the proc
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Galvanized surfaces that are abraded or damaged at any time after the application 01
coating shall be repaired by thoroughly wire brushing the damaged areas and removing
and cracked coating, after which the cleaned areas shall be painted with 2 applications of
zinc-rich primer (organic vehicle type) conforming to the provisions in Section 210-3.5, '
Damaged Zinc Coating." Aerosol cans shall not be used. @
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SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 3, CONSTRUCTION METHODS
SECTION 300 - EARTHWORK
300-1 CLEARING AND GRUBBING.
300-1 .I General. add the fol1owing:During surface clearing operations, the Contractor
cover or bury any plant growth or other objectionable materials. If the Contract0
successfully separate the plant growth from the surface soil and advertently or inadverten
plant growth or other objectionable materials with the surface soil, the Contractor shall rei
contaminated soil from the site at its cost. All costs, if any, associated with removing the s
with plant growth or other objectionable materials and importing soil to replace said cont
soil shall be borne by the Contractor and no additional payment therefor shall be ma(
Contractor.
300-1 .I General. add the following to the fourth paragraph: Concrete structures, tral
facilities, utility poles, tree stumps and all other objects protruding above original ground s
exposed during surface clearing and grubbing operations shall be removed in theii
regardless of depth.
The cost of excavating and disposing of these buried objects shall be included in the lump :
bid for clearing and grubbing. Also included in clearing and grubbing shall be removal anc
of existing P.C.C. ditch, reinforced concrete, curtain wall, street lights, traffic signals and a
facilities, guardrail and barricades, fences, existing gates, existing drain pipes, traffic SI
other existing features which interfere with the work, whether or not such items are called c
plans or in the specifications for removal.
300-1.3 Removal and Disposal of Materials. add the following: Also included in cle
grubbing shall be removal and disposal of existing street poles and lights, metal guard rai
asphalt concrete and aggregate base, concrete curb and gutter, concrete sidewalk, exis
existing abandoned underground pipes and conduits, existing headwalls, rip-rap, traffic s
other existing features which interfere with the work, whether or not such items are called (
plans or in the specifications for removal.
300-1.4 Payment. modify as follows: Payment for Clearing and Grubbing shall be rnz
contract lump sum price for clearing and grubbing and no other payments will be made.
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300-2 UNCLASSIFIED EXCAVATION.
300-2.1 General. add the following: Unclassified excavation shall include removal and
of suitable material, recompaction, mixing, grading for mitigation work, disposal of I
materials not included in the bid item for clearing and grubbing, all cut and fill including
clean excavated material and filling areas to the required grades and cross section. Ur
excavation shall be utilized onsite to make all fills shown on the plans. Unclassified excavi
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also include scarification and moisture adjustment and compaction of the top one foot of
in the roadway prism to 95 percent relative compaction.
300-2.2.1 General. add the following to the first paragraph: Such direction may inck not limited to, directing the Contractor to blend, adjust moisture content of, rework, i
unsuitable soils at specific locations or elevations on the site.
300-2.6 Surplus Material. add the following: The Contractor shall haul and dispose of
material from the project. The Contractor shall utilize highway legal haul trucks for this
material from the project site and to a site secured by the contractor. No earth moving t
or special construction equipment, as defined in section 565 of the California Vehicle COC
allowed for hauling material on public streets.
300-2.9 Payment. add the following: Payment for work performed under sections 3004
be paid for on a lump sum basis.
Add the following section:
300-2.1 0 Grading Tolerance. Excavated areas other than slopes and subgra
structures, within the roadway and sidewalk areas shall be finished within 0.1 feet of tt
shown on the plans. Subgrade tolerances shall conform to the requirements of sectio
SSPWC.
300-4 UNCLASSIFIED FILL
300-4.2 Preparation of Fill Areas. add the following: Except as provided in sectior
“Compaction”, areas proposed for improvements all fill (including backfill and scarifie
surfaces) shall be compacted to no less than 90 percent of maximum dry density as dete
accordance with ASTM Test Procedure Dl 557-91.
300-4.5 Placing Materials for Fills. add the following: Grading shall be performed suc
upper 3 feet of fill placed in the roadway pavement area is composed of properly camp,
expansive soils. The more highly expansive soils shall be placed in the deeper fill a
properly compacted or exported from the site. Low expansive soils are defined as those
have an Expansion Index of 50 or less when tested in accordance with 1994 UBC Standar
published by the International Conference of Building Officials. Should insufficient soils mc
requirement of an expansion index of 50 or less be present within the limits of work, sc
least expansion index that are available within the limits of work shall be incorporated in thc
feet of fill placed in the roadway.
Rock encountered in the excavation shall be broken into particles of less than three
Particles with dimensions greater than three inches shall be uniformly distributed over the i
filled so that construction equipment can be operated in such a manner that the larger piec
broken into smaller particles and become incorporated with the other materials in the la!
requirement for particle size reduction does not apply to cobbles, small boulders, and s
rocks found within the surface soils and formational materials. Rocks having any dimensic
than 18 inches shall not be incorporated into the fill. Oversize material which cannot be u
erosion mitigation or landscaping onsite shall be removed from the site by the Contract(
exceeding 6 inches in diameter shall not be placed in the upper three feet of any fill. Wt
are large quantities of rock to be placed in the fill, rocks shall not be nested, but shall be sp
sufficient room between them so that intervening voids can be adequately filled with fine IT
form a dense, compact mass. If disposed of within the City of Carlsbad, a separate gradii will be required for disposal of rock.
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300-4.6 Application of Water. add the following: All fill soil shall be placed at a moisturc
no less than one (1 ) percent below optimum moisture per ASTM test D-I 557.
300-4.7 Compaction. add the following: Fill soils placed within the top 1 foot of
subgrade shall be compacted to a minimum of 95 percent relative compaction. On all slope
receive planting, the top 6” shall be compacted to 85% to allow for plant growth.
300-4.9 Measurement and Payment. delete and substitute the following: Unclas
grading, shaping, compacting or consolidating, slope rounding, construction of transition
work included in and incidental to Section 300-4, “Unclassified Fill” will be paid for as a pal
sum for unclassified excavation, and no additional payment will be made therefor.
Add the following section:
300-9.2.1 Grading Controls. The Contractor shall protect all areas within the limits of \i
erosion. Said protection shall include areas that have been graded and/or cleared and gr
well as areas that have not been graded andlor cleared and grubbed. The Contractor sha
temporary earth berms, gravel bags, silt fence, stabilized construction entrance an
measures, coordinated with its construction procedures, as necessary and as shown on thc
control on site and off site erosion during the construction period. The Contractor will be rf
protect areas which have been cleared and grubbed prior to excavation or embankment 01
and which are subject to runoff during the duration of the contract. The criteria used to (
the appropriate erosion control measures shall be the “Best Management Practices”, h
BMP, defined and described in the, “California Storm Water Best Management H
Construction Activity”, March 1993 edition as published by the Storm Water Quality Tas
The Contractor shall maintain a copy of the “California Storm Water Best Management I-
Construction Activity”, March 1993 edition on the project site and shall conduct its ope
conformity to said Handbook.
Temporary erosion control measures provided by the Contractor shall include, but not be
the following:
a) Embankment areas, while being brought up to grade and during periods of completic
final roadbed construction, shall be graded so as to direct runoff into impoundment an
the limits of work where such runoff shall have pollutants removed by BMP methods .
b) The Contractor shall provide protection by BMP measures to eliminate erosion and the !
downstream facilities and adjacent areas. These measures shall include, but shall not
to: temporary down drains, either in the form of pipes or paved ditches with protecl
berms; graded berms around areas to eliminate erosion of embankment slopes by suk
confined ponding areas to desilt runoff; and to desilt runoff.
c) Excavation areas, while being brought to grade, shall be protected from erosion and tht
siltation of downstream facilities and adjacent areas by the use of BMP measurc
measures shall include, but shall not be limited to, methods shown on the plans and
herein
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Add the following section:
300-9.2.2 Payment. Full compensation for performing erosion control and water pollutic
conforming to the operational requirements herein, of the BMP and conforming to the req
of the Federal Water Pollution Control Act, including the latest amendments thereto, whic
part of the planned permanent work or included as a separate bid item shall be con:
included in the contract price bid for unclassified excavation, and no additional compensal I allowed therefor.
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Type of underground facilities
Water Service Lateral
Sewer Service Lateral
Irrigation Water Lateral or Sleeve 1
Marking
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SECTION 310 - PAINTING
310-1 GENERAL.
310-5.6 Painting, Traffic Striping, Pavement Markings, and Curb Markings. Delett
310-5.6 and substitute as follows: Traffic signing, striping, and pavement marking shall cc the Plans; the State of California Traffic Sign Specifications; the State of California Depa
Transportation Standard Specifications, July, 1995, Sections 56, 82, 84, and 85; only insof:
relate to construction materials and methods and the State of California Depar
Transportation Traffic Manual, all as supplemented and modified herein. All requirements c
of the SSPWC and these Special Provisions shall remain in full force and shall not be SUI
by the CALTRANS Standard Specifications.
Add the following section:
31 0-5.6.5 Traffic Stripes and Pavement Markings. Traffic stripes and pavement mal indicated and required shall conform to the requirements specified in CALTRANS
Specifications Section 84 only insofar as they relate to construction materials and meth
except:
a) The Contractor shall lay out (cat track) immediately behind installation of surface cours and as the work progresses. The first coat of paint shall be done immediately upon ap
striping layout by the Engineer.
b) The Contractor shall provide all materials required for execution of the work.
c) Delete all references to measurement and payment.
d) Pavement striping and marking shall be applied in two coats, a minimum of seven da unless otherwise approved by the Engineer, and all streets shall include raised p
markers; temporary striping shall be applied in one coat minimum.
e) Existing pavement markings in conflict with the plans shall be removed by sandblastir
Contractor.
9 Paint end of median noses yellow.
310-5.6.10 Payment. modify as follows:
Final striping, curb markings, signage, pavement markings and traffic signs as indh
required shall be included in the lump-sum price bid for final signing and striping, and no a
compensation will be allowed therefor. The lump sum prices bid and shall include all lab1
equipment, materials, and incidentals for doing all Work in installing the traffic signing and si
310-5.8 Markers and Delineators. Markers and delineators shall conform to the matei
installation requirements specified in CALTRANS Standard Specifications Section 82.
Add the following section:
MARKERS, AND TEMPORARY RAILING (TYPE K).
Add the following section:
31 0-6.1 General. Temporary pavement delineation consisting of temporary traffic
temporary pavement markings, and temporary pavement markers shall be applied at the I
shown on the plans. The temporary traffic stripe, temporary pavement marking, and te
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31 0-6 TEMPORARY TRAFFIC SIGNING, STRIPING, PAVEMENT MARKINGS AND PA1 I
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pavement markers shall be complete in place at the location shown, prior to opening the
way to public traffic. Temporary traffic stripes shall be applied in one coat. Temporary trafl
shall be maintained by the Contractor so that the stripes are clearly visible both day a
Reapplication of the stripes and markings shall be repainted at the Contractor's expense.
Except as otherwise provided below, temporary pavement markers shown on the plans st
the option of the Contractor, either of the following removable type temporary reflecti
pavement markers or equal:
TFPM, manufactured by DAPCO Davidson Plastics Company, 18726 East Valley Highw
Washington 98032, Telephone (206) 251-8140.
Stimsonite Chip Sealllemporary Overlay Market (Modek 300 and 301 ), manufactured by
Henberger Co., Traffic Safety and Control, San Diego, California, Telephone (619) 292-577
Temporary pavement markers shall be placed in accordance with the manufacturer's ins
Temporary pavement markers shall be cemented to the surfacing with the adhesive rear
by the manufacturer, except epoxy adhesive shall not be used to place temporary r
markers in areas where removal of the markers will be required.
Pavement striping, legends and markers which conflict with any traffic pattern shall be ren
grinding as determined by the Engineer.
The Contractor may use reflective pavement markers for temporary pavement marken
when the temporary pavement markers are used to replace patterns of temporary trafl
Reflective pavement markers used in place of the removable-type pavement markers shall
to the section entitled "Pavement Markers" of these special provisions, except the 14-da
period before placing the pavement markers on new asphalt concrete surfacing as spc
Section 85-1.06, "Placement", of the CALTRANS Standard Specifications shall not apply; a
adhesive shall not be used to place pavement markers in areas where removal of the ma
be required. Reflective pavement markers used for temporary pavement markers will be pz
temporary pavement markers.
31 0-6.1 .l Measurement and Payment. Temporary traffic striping and markings showi
plans will be paid for as a part of the lump-sum cost for traffic control.
The lump-sum contract price paid for traffic striping and markings shall include full compen:
furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work in
applying, maintaining, and removing temporary traffic stripes and pavement markings, cor
place, as shown on the plans, as specified in the Standard Specification and these
provisions, and as directed by the Engineer.
Full compensation for furnishing, placing, maintaining, and removing the temporary reflectib
pavement markers, used for the temporary laneline and centerline delineation which is nc
on the plans, including the signing specified for "no passing" zones; and for providing ec
patterns of the permanent traffic lines when required; shall be considered as included in tl
sum prices paid for that item of work.
310-6.2 Channelizers. Channelizers shall be new surface-mounted type and shall be fi
placed, and maintained at the locations shown on the plans and shall conform to the pro\
Section 12, "Construction Area Traffic Control Devices", of the CALTRANS Standard Speci
and these special provisions. Channelizers shall be, at the Contractor's option, one of the 1
types, or equal:
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1 (3 2/26/97 Contract No. 3512 Page
Manufacturer of Distributor
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Safe-Hit SH236MA Safe-Hit Corporation
1930 West Winton Avenue, Building #I 1
Hayward, CA 94545
Telephone (41 5) 783-6550
Carsonite International Corporation 2900 Lockheed Way
Carson Engineer, NV 89701
Telephone (702) 883-5104
Western Highway Products P.O. Box 7
Stanton, CA 90680
Telephone (800) 422-4420
Carsonite "Super Duck" SDF-436
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Rep0 "The Replaceable Post"
Channelizer shall provide the Engineer with a Certificate of Compliance in accordance
provisions of Section 6-1.07, "Certificates of Compliance", of the CALTRANS
Specifications. Said certificate shall certify that the channelizers comply with the p
specifications and conform to the prequalified design and material requirements approve
engineer and were manufactured in accordance with the approved quality control program.
At the option of the Contractor, channelizer bases may be cemented to the pavement usins
bitumen adhesive and in the same manner provided for cementing pavement markers to F
in the section of these special provisions entitled "Pavement Markers".
add the following section:
310-6.2.1 Payment. The price paid for channelizer (surface mounted) shall be included in 1
sum price for traffic control and include full compensation for furnishing all labor, materiz
equipment, and incidentals, and for doing all the work involved in furnishing and plz
channelizers as shown on the plans, as specified in the CALTRANS Standard Specifical
these special provisions, and as directed by the Engineer.
Add the following section:
310-6.3 Signing. Signing for temporary traffic control shall conform to the following require1
Add the following section:
31 0-6.3.1 General. The Contractor shall provide and install all temporary traffic contr
markers, markings, and delineators at locations shown on plans and specified herein.
Add the following section:
310-6.3.4 Payment. All costs for signing for temporary traffic control shall be included in tt
sum price bid for temporary traffic control, and no additional compensation will be allowed th
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rr# 2/26/97 Contract No. 3512 Page '
Recording requested by:
CITY OF CARLSBAD
When recorded mail to:
City City of Clerk Carlsbad
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
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