HomeMy WebLinkAboutGardner Pool Plastering Inc; 2002-03-06; FAC02-12EXHIBIT 2
CITY OF CARLSBAD
CONTRACT CHANGE ORDER TRANSMITTAL - C/O # 1
POOL IMPROVEMENTS AT THE CARLSBAD SWIM COMPLEX
CONTRACT0 NO. FACO2-12
Date Routed: - To:
Public Works Director/City Engineer
Public Works ManagedGeneral Services
Finance Director
City ManagedMayor
Reason for change:
The Contractor discovered that the existing tile lanes were improperly secured.
Specifically, the tiles were laid on top of fiberglass, which is not secured to the concrete.
As a result, the tiles will simply fall off because the fiberglass is not bonded to the
existing plaster and gunite underneath. This change order allows the contractor to
purchase 1,305 square feet of new tile and install said tile.
Staff and the City's consultant (Aquatic Design Group) concurred with the contractor's
findings and authorized him to perform the work.
Cost: $33,930.00 (includes material, tax, labor and mark up. Mark up is at 15%
for material and 20% for labor as per contract specifications).
In addition, in an effort to minimize potential staining on the new plaster finish, the
contractor proposes, and staff concurs, to raise the floor returns at the shallow end of
the pool and add 27 square feet of tile.
Cost: $500.00 (includes material, tax, labor and mark up. Mark up is at 15% for
material and 20% for labor as per contract specifications).
COST ACCOUNTING:
Original contract amount ..................................................................... $96,021 .OO
Total amount this do .......................................................................... $34,430.00
Total amount of previous do's ..................................................................... $0.00
Total c/o's to date ................................................................................ $34,430.00
New Contract Amount ....................................................................... $130,451 .OO
Total c/o's as % of original contract ........................................................... 35.8 %
Contingency monies encumbered ................................................................. $0.00
Contingency decrease .......................................................................... $34,430.00 *
Contingency Subtotal .................................................................................... $0.00
Total c/o's to date ................................................................................. $34,430.00
Contingency Balance .................................................................................... $0.00
CITY OF CARLSBAD
CONTRACT CHANGE ORDER NO. 1
CONTRACT NO. FAC02-12 P.O. NO. P110937 ACCOUNT NO. 0014520-9022
CONTRACTOR: Gardner Pool Plasterina Inc.
ADDRESS: 1 165 N. Johnson Avenue
El Caion, CA 92020
The Contractor is directed to make the following changes as described herein.
Changes shall include all labor, materials, equipment, contract time extension, and all
other goods and services required to implement this change. Payment stated on this
change order includes all charges, direct or indirect, arising out of this additional work
and is expressly agreed between the City and the Contractor to be the complete and
final costs hereof. The requirements of the specifications, where pertinent and not in
conflict with this change order, shall apply to these changes. This change order is not
effective unless signed by the City Manager and/or the Mayor.
Pursuant to
Item:
Cost Breakdown as follows:
1. Remove the tile lanes, which were improperly installed on the
existing fiberglass and purchase and install new racing lane tiles $33,930
2. Raise the four floor returns in the plaster at the shallow end of the
pool and add 27 square feet of 2 white tile around each return. $ 500
TOTAL INCREASE TO CONTRACT COST: $34,430
Change Order No. 1 Page 2
TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL NOT BE
AFFECTED BY THIS CHANGE ORDER;
RECOMMENDED BY: APPROVED BY:
~~NAIVCE DIRECTOR (DATE)
DISTRIBUTION:
GENERAL SERVICES
CONTRACTOR
PURCHASING
CITY OF CARLSBAD
San Diego County
California
CONTRACT DOCUMENTS AND
SUPPLEMENTAL PROVISIONS
FOR
Pool Improvements at the
Carlsbad Swim Complex
CONTRACT NO. FAC02-12
September 11,2000
Revised 911 1/00 Contract NO. FAC02-12 Page 1 of 59 Pages
/- . Item
TABLE OF CONTENTS
Notice lnvltrng Bids 4
Contractor's Proposal .................................................................................................................... 8
.. ........................................................................................................................
Bid Security Form .......................................................................................................................... 12
Bidder's Bond To Accompany Proposal ....................................................................................... 13
Guide For Completing the "Designation Of Subcontractor and Amount Of Subcontractor's
Bid Items" and "Designation of Owner Operator/Lessor and Amount Of Owner Operator/Lessor Work" Forms .......................................................................................................................... 15
Designation Of Subcontractor and Amount Of Subcontractor's Bid Items ................................. 17
Designation Of Owner Operator/Lessor and Amount Of Owner OperatorlLessor Work ............ 18
Bidder's Statement Of Financial Responsibility ............................................................................ 19
Bidder's Statement Of Technical Ability And Experience ............................................................. 20
Bidder's Certificate Of Insurance For General Liability. Employers' Liability. Automotive
Liabhty And Workers' Compensation 21
Bidder's Statement Of Re Debarment .......................................................................................... 22
Bidder's Disclosure Of Discipline Record ......................................................................... 23
Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid .............................. 25
Contract Public Works ................................................................................................................... 26
Labor And Materials Bond ............................................................................................................. 32
Faithful PetformanceMlarranty Bond ........................................................................................... 34
Optional Escrow Agreement For Surety Deposits In Lieu Of Retention ....................................... 36
,"
.......................................................................................... ..
Part 1
Section 1
1-1
1-2
1 -3
r Section 2
1 2-3
2-4
SUPPLEMENTAL PROVISIONS
General Provisions
Terms. Definitions Abbreviations And Symbols
Terms ................................................................................................................... 39
Definltlons 39 Abbreviations ........................................................................................................ 40
Scope And Control Of The Work
Subcontracts ........................................................................................................ 41
Contract Bonds ..................................................................................................... 41
.. .............................................................................................................
a Revised 911 1/00 Contract No . FAC02-12 Page 2 of 59 Pages
2-5
2-1 0
Section 3
3-2
3-3
3-4
3-5
Section 4
4-1
4-2
Section 5
5-1
5-4
Section 6
6-1
6-2
6-6
6-7
6-8
6-9
,”- Section 7 7-3
7-4
7-5
7-7
7-8
7-1 0
7-1 3
Section 9
9-1
9-3
.. Plans And Speclflcations ...................................................................................... Authority Of Board And Public WorkdGeneral Services ......................................
Changes In Work
Changes lnltlated by the Agency
Changed Condltlons
Extra Work
Disputed Work ......................................................................................................
Control Of Materials
Materials And Workmanship ................................................................................
Materials Transportation. Handling and Storage : .................................................
Utilities
Location ................................................................................................................
Relocation .............................................................................................................
Prosecution. Progress And Acceptance Of The Work Construction Schedule And Commencement Of Work ........................................
Prosecution Of Work ............................................................................................
Delays And Extensions Of Time ..........................................................................
Time of Completion ..............................................................................................
Completion And Acceptance ................................................................................
Liquidated Damages ............................................................................................
Responsibilities Of The Contractor
Workers‘ Compensation Insurance
Liablllty Insurance
Cooperation and Collateral Work
Permits
Project Site Maintenance ..................................................................................... Public Convenience And Safety ...........................................................................
Laws To Be Observed ..........................................................................................
Measurement and Payment Measurement Of Quantities For Unit Price Work .................................................
Payment ................................................................................................................
.. ......................................................................... ............................................................................................................ .. .............................................................................................
.. ................................................................................................. ...................................................................... ................................................................................................................. .........................................................................
42 43
44
44
45
46
49
49
50
50
50
54
55
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56
56 56
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I- f
Revised 911 1/00 Contract No . FAC02-12 Page 3 of 59 Pages
r CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Until 4:OO p.m. on February 4,2002, the City shall accept sealed bids, clearly marked as such, at
the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by
mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they
will be opened and read, for performing the work as follows: Provide pool improvements that include,
Carlsbad Swim Complex - Contract No. FAC02-12.
but not limited to removing existing fiberglass and plaster and apply new plaster finish at the
CONTRACT NO. FAC02-12
POOL IMPROVEMENTS AT THE CARSLBAD SWIM COMPLEX
This bid and the terms of the Contract Documents and Supplemental Provisions constitute an
irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional
time as may be mutually agreed upon by the City of Carlsbad and the Bidder.
The work shall be performed in strict conformity with the plans and specifications as approved by the
City Council of the City of Carlsbad on file with the Public WorkslGeneral Services Department. The
specifications for the work include the Standard Specifications for Public Works Construction. 1997
Edition. and the 1998 and 1999 sumlements thereto, all hereinafter designated “SSPWC as issued
by the Southern California Chapter of the American Public Works Association and as amended by
the supplemental provisions sections of this contract. Reference is hereby made to the plans and .- specifications for full particulars and description of the work.
The City of Carlsbad encourages the participation of minority and women-owned businesses.
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to
WorkslGeneral Services.
utilize recycled and recyclable materials when available, appropriate and approved by the Public
The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when
a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder.
No bid will be received unless it is made on a proposal form furnished by the Purchasing
bidder‘s security of the second and third next lowest responsive bidders may be withheld until the
Department. Each bid must be accompanied by security in a form and amount required by law. The
Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be
returned to them, or deemed void, within ten (IO) days after the Contract is awarded. Pursuant to
the provisions of law (Public Contract Code section 10263), appropriate securities may be
substituted for any obligation required by this notice or for any monies withheld by the City to ensure
performance under this Contract. section 10263 of the Public Contract Code requires monies or
securities to be deposited with the City or a state or federally chartered bank in California as the
escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than
$IOO;~OO per contract. -
f- The documents which comprise the Bidder’s proposal and that must be completed and
executed including notarization where indicated are:
properly
a Revised 9/11/00 Contract No. FAC02-12 Page 4 of 59 Pages
1. Contractor's Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit 4. Designation of Subcontractors
5. Designation of Owner OperatorlLessors &
6. Bidder's Statement of Financial Responsibility 7. Bidder's Statement of Technical Ability and
and Amount of Subcontractor Bid
Amount of Owner Operator/Lessor Work
Experience
8. Acknowledgement of Addendum(a) 9. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 10.Bidder's Statement Re Debarment
11 .Bidder's Disclosure Of Discipline Record 12.Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for
Security)
All bids will be compared on the basis of the Public WorkdGeneral Services Estimate. The
estimated quantities are approximate and serve solely as a basis for the comparison of bids. The
Public WorkslGeneral Services Estimate is $99,000,
Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and
shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall
be invalidated by the failure of the bidder to be licensed in accordance with California law. Where
federal funds are involved the contractor shall be properly licensed at the time the contract is
awarded. In all other cases the contractor shall state their license number, expiration date and
funds. The following classifications are acceptable for this contract: C53.
classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal
-
,"
If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of
the usual 10% retention from each payment, these documents must be completed and submitted
with the signed contract. The escrow agreement may not be substituted at a later date.
Sets of plans, supplemental provisions, and Contract documents may be obtained at the Cashier's
Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314,
for a non-refundable fee of $2o.00 per set. If plans and specifications are to be mailed, the cost for
postage should be added.
Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings,
specifications or other contract documents, or finds discrepancies in or omissions from the drawings
and specifications may submit to the Public WorkslGeneral Services a written request for clarification
WorkslGeneral Services a copy of which will be mailed or delivered to each person receiving a set of
or correction. Any response will be made only by a written addendum duly issued by the Public
the contract documents. No oral response will be made to such inquiry. Prior to the award of the
contract, no addition to, modification of or interpretation of any provision in the contract
documents will be given by any agent, employee or contractor of the City of Carlsbad except
as hereinbefore specified. No bidder may rely on directions given by any agent, employee or
contractor of the City of Carlsbad except as hereinbefore specified.
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids.
The general prevailing rate of wages for each crafl or type of worker needed tb execute the Contract
shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770,
of applicable wage rates is on file in the Office of the City Public WorkslGeneral Services. The
Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing
" 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy
4w %*19 Revised 9/11/00 Contract No. FAC02-12 Page 5 of 59 Pages
rates of wages to all workers employed by him or her in the execution of the Contract.
The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5
of the Labor Code and section 4100 et seq. of the Public Contracts Code, 'Subletting and
authorized officer" for the purposes of section 4107 and 4107.5.
Subcontracting Fair Practices Act." The City Public WorkslGeneral Senrices is the City's "duly
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to
the Contract for work.
A pre-bid meeting and tour of the project site will be held at the Carlsbad Swim Complex on
Tuesday, January 22,2002 at 900 a.m. This is a mandatory meeting.
All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this
proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words
and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the
basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or
written in with ink and must be initialed in ink by a person authorized to sign for the Contractor.
Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to
bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid.
The Contractor shall provide bonds to secure faithful performance and warranty of the work in an
amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor
shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to:
1) One hundred percent (100%) of the total amount payable by the terms of the contract when the
2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total
total amount payable does not exceed five million dollars ($5,000,000).
amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million
dollars ($10,000,000).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract
exceeds ten million dollars ($10,000,000).
These bonds shall be kept in full force and effect during the course of this project, and shall extend in
full force and effect and be retained by the City until they are released as stated in the Supplemental
Provisions section of this contract. All bonds are to be placed with a surety insurance carrier
admitted and authorized to transact the business of insurance in California and whose assets exceed
their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be
accompanied by the following documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other
instrument entitling or authorizing the person who executed the bond to do so.
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with
If the bid is accepted, the City may require copies of the insurer's most recent annual statement and
section 900) of Chapter I of Part 2 of Division I of the Insurance Code, within 10 calendar days of
the insurer's receipt of a request to submit the statements.
,"
"
/" Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:V
2) Are admitted and authorized to transact the business of insurance in the State of California by the
Insurance Commissioner.
a Revised 911 1/00 Contract No. FACOZ-12 Page 6 of 59 Pages
Auto policies offered to meet the specification of this contract must:
1) Meet the conditions stated above for all insurance companies.
2) Cover anv vehicle used in the performance of the contract, used onsite or offsite, whether
owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance
certificate must state the coverage is for "any auto" and cannot be limited in any manner.
Workers' compensation insurance required under this contract must be offered by a company
does accept policies issued by the State Compensation Fund meeting the requirement for workers'
meeting the above standards with the exception that the Best's rating condition is waived. The City
compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. Any additional
cost of said insurance shall be included in the bid price.
The award of the contract by the City Council is contingent upon the Contractor submitting the
required bonds and insurance, as described in the contract, within twenty days of bid opening. If the
Contractor fails to comply with these requirements, the City may award the contract to the second or
third lowest bidder and the bid security of the lowest bidder may be forfeited.
The prime contractor and all subcontractors are required to have and maintain a valid City of
Carlsbad Business License for the duration of the contract.
Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2001-372,
adopted on the 18Ih day of December, 2001.
Date
Revised 9/11/00 Contract No. FAC02-12 Page 7 of 59 Pages
n
CITY OF CARLSBAD
CONTRACT NO. FACO2-12
POOL IMPROVEMETNS AT THE CARLSBAD SWIM COMPLEX
CONTRACTORSPROPOSAL
City Council .
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
The undersigned declares he/she has carefully examined the location of the work, read the Notice
Inviting Bids, examined the Plans, Specifications, Supplemental Provisions and addenda thereto,
and hereby proposes to furnish all labor, materials, equipment, transpottation, and services required
to do all the work to complete Contract No. FAC02-12 in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefor the
following unit prices for each item complete, to wit:
SCHEDULE "A" Pool Improvements
Item - No.
A-I
A-2
A-3
A4
A-5
A-6
DescriDtion
Demo Pool Fiberglass &
Plaster
New Plaster Finish
Tile Work
Rust Repair
Floor..lnlets
Clean-up/Statt-up
Approximate
Quantity
and Unit
9,852 SF
9,852 SF
40 SF
5 EA
4 EA
LS
t of bid in words for Schedule %%Id.%X eA CJndt-thtYh J
Total amount of bid in numbers for Schedule "A": $ 08. (052
OPENED, WITNESSED AND RECORDED wnlvrws uva
SCHEDULE "B" Alternative No. 1
Approximate Q
I
Item Quantity Unit - No. DescriDtion and Unit . - Price - Total
B-1 Silicone Plaster Additive 9,852SF $ $=
9 Total amount of bid in words for Schedule 'B*:,%QW -A I %Ctee_
1
1 me A.dbP=-
111
fine &Ak7us vu
Total amount of bid in numbers for Schedule "B": $ 7 !%q
Total amount of bid in words 'ncluding Schedule "A" and Schedule "B": N\nkU 24% -6
Total amount of bid in numbers including Schedule "A" and Schedule "B": $ %t 021.
The basis of award will be the sum of Schedule "A" and "B" unless bids for Schedule "B" are
rejected, in which case the basis of award will be Schedule "A" only.
Price(@ given above are firm for 90 days after date of bid opening.
3
Addendum(a) No@). hadhave been received and idare included in this
proposal.
The Undersigned has carefully checked all of the above figures and understands that the City will not
be responsible for any error or omission on the part of the Undersigned in preparing this bid.
The Undersigned agrees that in case of default in executing the required Contract with necessary
bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the
second or third lowest bidder and the bid security of the lowest bidder may be forfeited. a The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do
which expires on
a contractor within the State of California,,yiidly licensed under a that this statement is true anLirreEd has the legal effect of
, classification c
H an affidavif! cflww,,o+
A bid submitted to the Citv &v a Contractor who is not licensed as a contractor pursuant to the -
a
a-
Business and Professions Code shall be considered nonresponsive and shall be rejected by the Ci 5 7028.1 5(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time
the contract is awarded, the contractor shall be properly licensed. Public Contract Code 3 20104.
The Undersigned bidder hereby represents as follows:
1. That no Council member, officer agent, or employee of the City of Carlsbad is personally
interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no
representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted
hidher to enter into this Contract, excepting only those contained in this form of Contract and the
@ Revised 911 1/00 Contract No. FACO2-12 Page 9 of 59 Pages
papers made a part hereof by its terms; and
2. That this bid is made without connection with any person, firm, or corporation making a bid for the
same work, and is in all respects fair and without collusion or fraud.
Accompanying this proposal is %bA (Cash, Certified Check, Bond or
Cashier‘s Check) for ten percent (10%) of the amount bid.
The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ cdmpensation or to undertake self-insurance in
accordance with the provisions of that code, and agrees to comply with such provisions before
commencing the performance of the work of this Contract and continue to comply until the contract is
complete.
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative
to the general prevailing rate of wages for each craft or type of worker needed to execute the
Contract and agrees to comply with its provisions.
IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
. (1) Name under which business is conducted
(2) Signature (given and surname) of proprietor
(3) Place of Business
(Street and Number) -
City and State
(4) Zip Code Telephone No.
-:
(1) Name under which business is conducted
(2) Signature (given and surname and character of partner) (Note: Signature must be made by a
general partner)
(3) Place of Business
(Street and Number)
City and State
(4) Zip Code Telephone No.
# Revised 911 1/00 Contract No. FAC02-12 Page 10 of 59 Pages
IF A CORPORATION. SIGN HERE:
(I) Name under which business is conducted
_-
~ (Title)
Impress Corporate Seal here
(3) Incorporated under the laws of the State of fh&kNa
(4) Place of Business 1\(65 w. %
City and State c\ c6a ! c-6
c
(Street and Number)
NOTARIAL ACKNOWLEDGMENT
ATTACHED
Telephone No. -
OF EXECUTION BY ALL SIGNATORIES MUST BE
List below names of president, vice president, secretary and assistant secretary, if a corporation; if a
partnership, list names of all general partners, and managing partners:
t# Revised 9/11/00 Contract No. FAC02-12 Page 11 of 59 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California 1
County of - 1 ss.
0 personally known to me @?i proved to me on the basis of satisfactory
evidence
to be the personH whose nameM islm
subscribed to the within instrument and
acknowledged to me that he/s!&theyexecuted
the same in his/- authorized
capacityw, and that by his/tw#Wr
the entity upon behalf of which the person@$
signatureHon the instrument the personH or
acted, executed the instrument.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Documen
Title or Type of Document: ,A/
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
0 Individual
Signer's Name:
0 Corporate Officer - Title@):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing: u
BID SECURITY FORM
(Check to Accompany Bid)
CONTRACT NO. FACO2-12
POOL IMPROVEMETNS AT THE CARLSBAD SWIM COMPLEX
(NOTE: The following form shall be used if check accompanies bid.)
Accompanying this proposal is a 'Certified 'Cashiers check payable to the order of CITY OF
CARLSBAD, in the sum of
dollars ($ 13
this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall
its legally constituted contracting authorities and the undersigned shall fail to execute a contract and
become the properly of the City provided this proposal shall be accepted by the City through action of
furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage
within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of
this check shall also become the property of the City if the undersigned shall withdraw his or her bid
within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise
required by law, and notwithstanding the award of the contract to another bidder.
BIDDER
*Delete the inapplicable word.
(NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed-the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.)
Revised 9/11/00 Contract No. FAC02-I2 Page 12 of 59 Pages
BIDDER'S BOND TO ACCOMPANY PROPOSAL
CONTRACT NO. FACO2-12
POOL IMPROVEMETNS AT THE CARLSBAD SWIM COMPLEX 6 ff .I iz
KNOW ALL PERSONS BY THESE PRESENTS:
That we,-?-\ %rih?CW-U , as Principal, and hMefk An
as Surety are held and firmly bound unto thkity of Car California, in an a
(must be at least ten percent (10%) of the bid amount) 1 . \ for which
payment, well and truly made, we bind ourselves, our heirs, executors and administrators,
successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-
bounden Principal for:
Pool Improvements at the Carlsbad Swim Complex - Contract No. FAC02-12
in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and
execute a Contract including required bonds and insurance policies within twenty (20) days from the
date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said
award, then this obligation shall become null and void: otherwise, it shall be and remain in full force
and effect, and the amount specified herein shall be forfeited to the said City.
.
... ...
... ...
... ...
... ...
... ... ... ... ... ... ... ... ...
m %# Revised 9/11/00 Contract No. FAC02-I2 Page 13 of 59 Pages
GPRDNER PPGE E1
In me event Principal executed this bond as an individual, it is agreed that the death of Principal shall
not exonerate the Surety from its obligations under this bond.
Executed by PRINCIPAL this day of -Y ,20-eZ_.
PRINCIPAL:
(print name here)
SSEC fZS77MY /W”s uG?2wc
(sign here)
(print name here)
TresckAT
(Me and organlzation of signatory)
Executed by SURETY this 4m
Of FEBRUARY day ,20B.
SURETY:
AElERIcAN coNTRBcToRs INDEMNITY COMPANY
(name of Surety)
W
(Attach corporate .resolution showing current power of attorney.)
(Proper notarial acknowledgment of executlon by PRINCIPAL and SURETY must be attached.)
(Presldenl or vice-president and secretary or assistant secretary must sign for corporations. If only
secretary under corporate seal empowerlng that officer to bind the corporation.)
one offlcer signs, the corporation must attach a resolution certified by the secretary or assistant
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
a Revised 911 1/00 Contract No. FACO2-12 Page lA ot 59 Pages
r- I CALIFORNIA ALLPURPOSE ACKNOWLEDGMENT
State of California
County of A*dALY
0 personally known to me @ proved to me on the basis of satisfactory
evidence
to be the persow whose nameM is/-
subscribed to the within instrument and
acknowledged to me that hekb&hey executed
the same in hishAtreir authorized
capacityw, and that by his/be&he+r
the entity upon behalf of which the personfsj'
signatureH on the instrument the personlsf: or
acted, executed the instrument.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: &,Cs/ .&
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
0 Individual
0 Corporate Officer - Title(?.):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
B 1997 National Notaw Association. 9350 Oe Sot0 Ave.. PO. Box 2402. Chstswofih, CA 91313-2402 Pmd No. 5907 Reorder: Call Toll-Free 1-800-876~6
A
American Contractors Indemnity Company
.~ Los Angeles, California
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS INDEMNITY COMPM, a California Corporation
(the “Company”). and having its principal office in Los Angeles. California does hereby constitute and appoint:
Corrine Brm
as its we and lawful Attorney(s)-in-fact, in amount of ~~ooo~ooo~oo, to execute, seal and deliver for and on its behalf as smty, any
and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in thc nature thereof. which are or may
of these presents, shall be as binding upon the said AMERICAN CONTRACTORS INDEMNITY COMPANY, as fuUy and amply, to all
be allowed, rquired or permitted by law. statute, rule, regulation, contract or otherwise, and the execution of such insttument(s) in pursuance
intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office.
This Pow= of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of resolutions adopted by the Board
of Directon of AMERICAN CONTRACTORS INDEMNITY C0”W at a meeting called and held on the 6th day of Ikcembcr. 1990.
RESOLVED that the Chief Executive Officer. Pmident or any Vice President, Executive Vice Resident Secretary or Assistant Secretary,
shall have power and authority.
1. To appoint Attorney(s>in-fact and to authorize them to execute on behalf of the Company, and attach the Seal of the Company
2. To remove, at any time, any such Attorney-in-fact and revoke the authority given.
thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and,
RESOLVED FURTHER, that the signature of such officers and the seal of the Company may be flied to any such power of attorney or any certificate relating thereto by facsimile. and any such power of attorney or certificate bearing such facsimile signatures or facsimile $4
shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall br ~” ’id and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.
IN WITNESS WHEREOF, AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to be signed and its
corporate seal to be affixed by its authorized officer this 9th day of Mav I ”.
On personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the insmment the person, or the entity upon behalf of which the person acted.
my 9. 2000 Deborah before me, Reesc , pcrsonally appeared Andv Faust
executed the instrument.
WITNESS my hand and offcial seal.
CERTIFICATION
I. the undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit. and the copy of the resolution adopted by the Board of Directors of said Company
as set forth in said Power of Attorney, with the ORIGINALS ON FEE IN THE HOME OFFICE OF SAID COMF’ANY and that same are co-t transcripts thereof and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full
fo nd effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand this 4m day of FEBRUARY 2002
9mUL #- 3-
James H. Fergusonbecretary
- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County Of SAN DIEGO
On ” before me, -.
personally appeared C~UNE *ROW
DATE NAME, TITLE OF OFFICER - E.G.. ’JANE WE. NOTARY WBLIC
NOTARY PUBLIC
NAME@) OF SIGNERIS1
!??f personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) islare
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by hislherltheir
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL 0 CORPORATE OFFICER
TIRE(SI
0 PARTNER(S) 0 LIMITED
0 AlTORNEY-IN-FACT 0 TRUSTEE@) 0 GUARDIANCONSERVATOR 0 OTHER:
0 GENERAL
SIGNER IS REPRESENTING: NAME OF PERSCU(S) OR ENTITYWSI
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER@) OTHER THAN NAMED ABOVE
01% NATIONAL NOTARY ASSOCIATION 8236 Remmel Awe., P.O. @ox 7184 Canaga Park. CA 91329-7184
DURABLE POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that I
J. Richard McKenna, SecretaryRreasurer
Gardner Pool Plastering. Inc.
1 165 N. Johnson Ave
El Cajon, Ca. 92020
under direction of the Board of Directors, do hereby make, constitute and appoint
Scott K. McKenna, President Gardner Pool Plastering Inc. andor
J. Richard McKenna, Secretary/Treasurer
our true and lawful attorney for us and in our name, place and stead, and in our behalf, and for
our use and benefit:
1. To exercise or perform any act, power, duty, right or obligation whatsoever that we now have,
or may hereafter acquire the legal right, power, or capacity to exercise or perform, in connection
with, arising from, or relating to any person, item, transaction, thing, business, property, real or
personal, tangible or intangible, or matter whatsoever.
- 2. To maintain, repair, improve, manage insure, rent, lease, grant, bargain, sell, exchange, pledge
and contract for all of the foregoing, and in any way or manner deal with all or any part of any
real or personal property whatsoever, tangible or intangible, or any interest therein, that we now
own or may hereafter acquire, in our behalf, and in our name; and to effect any or all of the
above-described transactions to any entities on such terms and at prices my attorney-in-fact may
deem proper, and in our name to make, execute, acknowledge and deliver any deed of
conveyance or other instrument, necessary to effect such transactions; and to ask for, demand,
sue for, collect, recover and receive all monies which may become due and owing to us by
reason of such transaction.
3. To conduct. engage in, and transact any and all lawlid business of whatever nature or kind for us. on our behalf and in our name.
If this Durable Power of Attorney is terminated by operation of law any person acting in
reliance upon it without notice of such termination shall be held harmless. The enumeration of
specific terms, rights, acts or powers is not intended to limit the definition or scope of powers
granted herein.
IN WITNESS WHEREOF, 3: RICHRQD fl~kwhas executed this Durable Power of Attorney on
FEE. q,aooaat .EL PA~U, e A .
_- Corporate Sed
GUIDE FOR COMPLETING
THE "DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS"
AND
"DESIGNATION OF OWNER OPERATOWLESSOR AND
AMOUNT OF OWNER OPERATOR/LESSOR WORK" FORMS
REFERENCES Prior to preparation of the following Subcontractor and Owner Ope.rator/Lessor
disclosure forms Bidders are urged to review the definitions in section 1-2 of the SSPWC and of the
Supplemental Provisions to this Contract especially, "Bid", "Bidder", "Contract", "Contractor",
"Contract Price", "Contract Unit Price", "Public WorkdGeneral Services", "Subcontractor" and "Work"
and the definitions in section 1-2 of the Supplemental Provisions especially "Own Organization" and
"Owner Operator/Lessor." Bidders are further urged to review sections 2-3 SUBCONTRACTS of the
SSPWC and section 2-3.1 of these Supplemental Provisions.
CAUTIONS These forms will be used by the Agency to determine the percentage of work that the
Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct
information may result in rejection of the bid as non-responsive. Any bid that proposes performance
of more than 50 percent of the work by subcontractors or owner operator/lessors or otherwise to be
performed by forces other than the Bidder's own organization will be rejected as non-responsive.
Specialty items of work that may be so designated by the Public WorkdGeneral Services on the
"Contractor's Proposal" are not included in computing the percentage of work proposed to be
performed by the Bidder.
INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every
subcontractor or Owner Operator/Lessor who the Bidder proposes to perform work or labor or render
service in or about the work or improvement, and every subcontractor or Owner OperatodLessor
licensed as a contractor by the State of California who the Bidder proposes to specially fabricate and
install any portion of the work or improvement according to detailed drawings contained in the plans
and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or ten
thousand dollars ($10,000) whichever is greater. Said name@) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer.
Bidder shall use separate disclosure forms for each Subcontractor or Owner Operator/Lessor of manpower and equipment that it proposes to use to complete the Work. Additional copies of the
forms must be attached if required to accommodate the Contractor's decision to use more than one
Subcontractor or Owner Operator/Lessor. All items of information must be completely filled out.
These forms must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and
correct information may result in rejection of the bid as non-responsive.
Neither the amount, in dollars, of work performed by the Bidder's own forces (as Contractor) nor the
Bidder's overhead and profit for subcontracted items of the work is included to compute the percentage of the work performed by Subcontractors or Owner Operators/Lessors.
When the Bidder proposes that any bid item will installed by a Subcontractor or Owner
OperatodLessor the amount, in dollars, of the bid item installed by each Subcontractor or Owner
Operator/ Lessor must be entered under the columns "Amount of Subcontracted Bid Item Including
Subcontractor's Overhead & Profit" or " Amount of Owner OperatodLessor Bid Item Including Owner
OperatodLessor's Overhead & Profit " unless the dollar amount of all work performed by any
total bid or ten thousand dollars ($10,000) whichever is greater. If a Subcontractor or Owner
Subcontractor or Owner Operator/Lessor is less than one-half of one percent (0.5%) of the Bidder's
OperatodLessor installs or constructs any portion of a bid item the entire amount of the Contract Unit
Price, less the Bidder's overhead and profit, shall be multiplied by the Quantity of the bid item that the
p,s Revised 9/11/00 Contract No. FAC02-12 Page 15 of 59 Pages
w
Subcontractor or Owner Operator/Lessor installs to compute the amount of work so installed.
materials and transport of materials from sources outside the limits of work, as shown on the plans,
Suppliers of materials from sources outside the limits of work are not subcontractors. The value of
shall be assigned to the Contractor, the Subcontractor, or the Owner Operator/Lessor, as the case
may be, that the Bidder proposes as installer of said materials. The value of material incorporated in
any Subcontractor or Owner Operator/Lessor installed bid item that is supplied by the Bidder shall be
included as a part of the work that the Bidder proposes to be performed by the Subcontractor or
Owner OperatorlLessor installing said item.
The item number from the "CONTRACTORS PROPOSAL" (Bid Sheets) shall be entered in the "Bid
Item No." column.
When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the number must
be entered on the form. If the Subcontractor does not have a valid business license enter "NONE in
the appropriate space.
Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the
required information. The page number and total number of additional form pages shall be entered in
the location provided on each type of form so duplicated.
When the Bidder proposes using a subcontractor or owner operator/Lessor to construct or install less
than 100 percent of a bid item the Bidder shall attach an explanation sheet to the designation of
subcontractor or designation of Owner OperatodLessor forms as applicable. The explanation sheet
shall be provided by the Contractor to clearly apprise the Agency of the specific facts that show the
Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces.
Determination of the subcontract and Owner Operator/Lessor amounts for purposes of award of the
contract shall determined by the City Council in conformance with the provisions of the contract
documents and the Supplemental Provisions. The decision of the City Council shall be final.
Revised 9/11/00 Contract No. FAC02-12 Page 16 of 59 Pages
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
POOL IMPROVEMETNS AT THE CARLSBAD SWIM COMPLEX
CONTRACT NO. FAC02-12
The Bidder certifies that it has used the sub-bid of the following listed subcontractor in preparing this bid for the Work and that the listed subcontractor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 41 00
further certifies that no additional subcontractor will be allowed to perform any portion of the Work in et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder
excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars
($10,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency.
Full Company Name of Subcontractor: ufiq.
Subcontractor's Location of Business
Street Address
City State Zip
'Subcontractor's Telephone Number including Area Code: ( 1 -
*Subcontractor's California State Contractors License No. and Classification:
'Subcontractor's Carlsbad Business License No.:
SUBCONTRACTOR'S BID ITEMS'
ExDlanstion: Column 1 - Bid Item No. from the bid proposal, pages N/A through NIA, inclusive. Column 2 - The dollar amount of the item to be performed by the Subcontractor. Column 3 - The dollar amount of the item to be perfoned by Contractoh own forces. Column 4 . The dollar amount of the Contractor's overhead and Drofit for work done bv both the Contractor's and the Subcontractor's forces on the Item. Total doliar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages NIA through NIA, inclusive.
Page \ of \ pages of this Subcontractor Designation form
Pursuant to section 4104 (a)(Z)(A) California Public contract Code, receipt 01 the pmons of the infomaton preceded by an asterisk
required on this document may be submitted by the Bidder up to 24 hours alter the deadline for submining bids contained in the 'NoUce invitina Bids." -* tw Revised 9/11/00 Contract No. FAC02-12 Page 17 of 59 Pages
DESIGNATION OF OWNER OPERATOWLESSOR AND
AMOUNT OF OWNER OPERATOWLESSOR WORK
CONTRACT NO. FAC02-12
POOL IMPROVEMETNS AT THE CARLSBAD SWIM COMPLEX
The Bidder certifies that it has used the sub-bid of the following listed Owner Operator/Lessor in preparing this bid for the Work and that the listed Owner Operator/Lessor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional Owner Operator/Lessor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the Owner OperatodLessors listed work will be made except upon the prior approval of the Agency.
Full Owner Operator/Lessor Name: vo LL
Owner Operator/Lessor Location of Business
Street Address
City State Zip
'Owner Operator/Lessor Telephone Number including Area Code: ( -
'Owner Operator/Lessor City of Carlsbad Business License No.:
OWNER OPERATOWLESSOR WORK ITEMS
Explanation: Column 1 - Bid Item No. from the bid proposal, pages WA through WA, inclusive. Column 2 - The dollar amount of the item to be performed by the Owner OperatorlLessor. Column 3 -The dollar amount of the item lo be performed by Contractots own forces. Column 4 . The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and the Owner OperatorILessor's forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal lo the dollar amount in the bid price of the item on bid proposal pages WA through MA, inclusive.
I Page I of pages of this Owner Operator/Lessor form
I -
I Pursuant to section 4104 (a)(Z)(A) California Public Contract Code, receipt of the porlions of the information preceded by an asterisk required on this document may be submined by the Bidder up to 24 hours after the deadline for submining bids contained in the 'Notice Inviting Bids."
Revised 9/11/00 Contract No. FAC02-12 Page 18 of 59 Pages
t-
I
1
I
I
I
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
(To Accompany Proposal)
POOL IMPROVEMETNS AT THE CARLSBAD SWIM COMPLEX
CONTRACT NO. FACO2-12
Copies of the latest Annual Report, audited financial statements or Balance Sheets may be
submitted under separate cover marked CONFIDENTIAL.
I
I
I *Ir %$ Revised 9/11/00 Contract No. FAC02-12 Page 19 of 59 Pages
.. e I "
,-
BIDDER'S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
CONTRACT NO. FAC02-12
POOL IMPROVEMETNS AT THE CARLSBAD SWIM COMPLEX
The Bidder is required to state what work of a similar character to that included in the proposed
Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge hidher responsibility, experience and skill. An attachment can be used.
Name and Phone
Revised 9/11 /00 Contract No. FAC02-12 Paae 20 of 59 Paoes
BIDCER'S CERTIFICATE OF INSURANCE FOR
GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE
LIABILITY AND WORKERS' COMPENSATION
CONTRACT NO. FACO2-12
(To Accompany Proposal)
POOL IMPROVEMETNS AT THE CARLSBAD SWIM COMPLEX
As a required part of the Bidder's proposal the Bidder must attach either of the following to this page.
1) Certificates of insurance showing conformance with the requirements herein for each of:
Comprehensive General Liability
Automobile Liability
Workers Compensation
Employer's Liability
2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon
payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for
Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's
Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein.
All certificates of insurance and statements of willingness to issue insurance for auto policies offered
to meet the specification of this contract must:
1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public
Works Construction and the Supplemental Provisions for this project for each insurance
2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned,
company that the Contractor proposes.
non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate
must state the coverage is for "any auto" and cannot be limited in any manner.
Revised 911 1/00 Contract No. FAC02-12 Page 21 of 59 Pages
Watarzdge Insurance Bornices 10525 Viata Siofrento Pkwy #300 San Dlogo ch 92121
.- . . .
Gprdner Pool Plortoring 1165 N. WU¶Ean Avenua El Cajon CA 92020
POLICY NUhl6ER: CAIC10020906 COMMERCIACGENER~L LIAEILIW
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AUTOMATIC ADDITIONAL INSUREDS - CONSTRUCTION CONTRACTS
This endorsement m0diri.s inruranw provided under (he following:
COMMERClAL GENERAL CIABILIN COVERAGP PART
Thia endorremen1 changes lhe policy effective on Ihe inception dale of We poky unless another date is indiwIeU bob.
! Endorwment effaclive 1 SEE ATTACHED CERTIFICATE THE INSURANCE CORPORATION OF NEW YORK
1 Named Insured; CountersiQnsd by:
CARDNEB POOL PLASTERING
~
&s&d&.&
[Aulhorized Reprrmtative)
The fobwing pmirbns are added:
SECTION I -COVERAGES
Subpan [I) (a) d Exclusion 1. Or Coverage A. Is replaced by u1e following:
AI or from any premkes. site. of localion which is or was at any time owned or occupied by, or rented or loaned lo
Ihe insured
SECTION II *WHO IS AN INSURED
5. Any pefron(s) M orgmWon(s) (heninoflcr ulbd 'Addihal Insured') with whom you agree in a mitten wnslruehon Cpnlracl lo name w en insured io M insured wim rsrpecl to Iiabilib arising out of 'your work' br the Addifinat Insured on the project speci6ed in the co~lruction umtfact including acts or omissions of the Addilimal insured In conneclcn wth the general pupervisim oI 'your work.'
Howover. tho insurance provided lo me Additional hnsured does M( apply Io:
a. 'BOdIly injury; 'popefly damage,' or -parxaul bljuly.' a;curring after.
(1) AI work on lhe project (ohr than service. maintenance or repairs) lo be porlormed by or on WhaW of tke Adtiilionll Insured It Ihe sib Of Ihc Covered openl!ms has been cornpletrcl: or
(2) That pmim of 'your worn" oul of wNch the 4ut-y or damage shes has been put to its intended ysc by any perron or organization other then another contrpc(or or subconlraaw rngsged in partcnning operations for a principal as a part of the same project
" IC CG 21 24 03 87 Pago 1 91 2
.. -
_-
U2/2U.'UZ THLl 08:52 FAX bS8 452 6001 WATERIDGE INR. moo4 ... . ... ".- . e.. ".
I
AUTOMATIC ADDITIONAL INSUREDS - CONSTRUCTION CONTRACTS
(cont.)
b. "Property damage' to:
(1) Progecty owned. used, or eceupied by or rented Io the Addiuonal Insured;
(2) Prcpeny in the cam. ~$lOdy. or cod 04 Ihe Additional Insured or over which Iho Additional insured is for any curpow sxercidrg phyrical conbol; or
. (3) 'YwrunrW forthe Additional Insured.
c. 'Bodity injuty.' properly damage." or 'garsoad injury." uisinp out of an archllecrr. enginam's. or surveyor's
rendedng of or failure IO render any professional tervicer for you, far the Additlonel Iwred, or for others.
induding:
(1) The weparing, approving. of hillng lo appove maps, drawings. opinions, reports. surveys, change orders, designs, (x spetifuolions; and
(2) Supervisory. inspohn, or engineering services.
These ucluslons apply in addidon to those contained in (he Coverage Part.
SECTION 111 - LIMITS OF INSUWNCE
The foilowing provision is added:
Tha naming of one or mre Addilionel Insured's doca not increase the llmila of insurance.
SECTION IV - COMMERCIAL OENERAL LIABILITY CONDITIONS
For Ihe coverage wvided Oy this mdonement
a. Subpart (4) (a) of he Olhsr Insuranm provision is replaced by the following:
(a) This insurance is primary, and our obnOillionr 811 not affected by any other insurance carried by suc? Additicnal Insured whelher primaty, excess, mhgent. or on eny other basis.
b. Subpan(8) (Transfer of Rights of Recovery Against Others To Us.) is replaced by the following:
We waive eny righl of recovery we may have against the terson or organization shown in the Schedule above
because of payments we make for injury or dama$e arlslng nut of your ongoing operations OT your wfk' don*
waher applies only to the person or organizalion rkcwn in the Schrdulr above. under e oonlracf with (hat parson or organizaUon end indudcd in the "produds-compieted operations hard.' This
The City of Cerlsbad is insured for cwered losses caused by cnntroctor's'ncgligence.
IC CG 21 24 03 37 Paqe 2 of 2
ADDITIONAL INSURED - DESIGNATED PERSON OR OROANlZATlON
City of Carlsbad
1200 Carlsbad Village Drive
Carlabad, C& 92008
FEB-26-02 'I'HU 02:22 Pil Robert D. Driver Cc. Inc FAX NO, 615 6991372 P. 02
DRIVER-ALLIANT INSURANCE
1620 FIFTH AVENUE
SAN DIEGO, CA 92101
LlCY OC36661 ...
coHrIIFY ZENITH INSURANCE COMPCNY
___.
I I I 1 '10 DAVS NOTICE FOR NON.PCY I I- nwrntw o~ o.aarZ&otArour,vmcuwGnw WORY PERFORMED BY TH€ NAMED INSURED ON BEHALF OF CERTIFICATE HOLDER. ' 10 DAVS NOTICE ON NONPAYMENT CANCELLATIONS.
I
CARLSBAD BUILDING DEPT.,
2075 US PALMAS ". . -~ ...... ~
CARLSBAD, CA 92009
.
BIDDER'S STATEMENT RE DEBARMENT
(To Accompany Proposal)
CONTRACT NO. FAC02-12
POOL IMPROVEMETNS AT THE CARLSBAD SWIM COMPLEX
Have you or any of your subcontractors ever been debarred as an irresponsible bidder by
another jurisdiction in the State of California? , LL no
If yes, what wadwere the name(s) of the agency(ies) and what wadwere the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debar-
ments.
party debarred party debarred
agency agency
period of debarment period of debarment
BY CONTRACTOR:
-b+t &bma :%dt&
(print namehitle)
Page \- of \ pages of this Re Debarment form
# Revised 9/11/00 Contract No. FAC02-12 Page 22 of 59 Pages
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
CONTRACT NO. FAC02-12
POOL IMPROVEMETNS AT THE CARLSBAD SWIM COMPLEX
Contractors are required by law to be licensed and regulated by the Contractors’ State License Board
which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent
act or omission is filed within four years of the date of the alleged violation. A complaint regarding a
latent act or omission pertaining to structural defects must be filed within 10 years of the date of the
alleged violation. Any questions concerning a contractor may be referred to the Registrar,
Contractors’ State License board, P.O. Box 26000, Sacramento, California 95826.
Have you ever had your contractor’s license suspended or revoked by the California Contractors’ State license Board two or more times within an eight year period? x
Yes no
Has the suspension or revocation of your contractors license ever been stayed? x
Yes no
Have any subcontractors that you propose to perform any portion of the Work ever had their
contractor’s license suspended or revoked by the California Contractors’ State license Board two
or more times within an eight year period? x
Yes no
Has the suspension or revocation of the license of any subcontractor‘s that you propose to
perform any portion of the ork ever been stayed? x- Yes no
If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party
disciplined, the date of and .violation that the disciplinary action pertain to, describe the nature of
the violation and the disciplinary action taken therefor.
(If needed attach additional sheets to provide full disclosure.)
Page \ of pages of this Disclosure of Discipline form
@ Revised 911 1/00 Contract No. FAC02-I2 Page 23 of 59 Pages
BIDDER'S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED) (To Accompany Proposal)
CONTRACT NO. FACO2-12
POOL IMPROVEMETNS AT THE CARLSBAD SWIM COMPLEX
6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party
who's discipline was stayed, the date of the violation that the disciplinary action pertains to,
describe the nature of the violation and the condition (if any) upon which the disciplinary action
was stayed.
(If needed attach additional sheets to provide full disclosure.)
BY CONTRACTOR: .=.
- (sign here)
nfin ??&9nt
(print namehitle)
Page 1 of pages of this Disclosure of Discipline form
@ Revised 911 1/00 Contract No. FAC02-12 Page 24 of 59 Pages
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
CONTRACT NO. FAC02-12
POOL IMPROVEMETNS AT THE CARLSBAD SWIM COMPLEX
State of California 1
County of sac\ ) ss.
-0 ) cscozt- wdhma , being first duly sworn, deposes (Name of Bidder)
and says that he or she is (Title)
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation: that the bid is
genuine and not collusive or sham: that the bidder has not directly or indirectly induced or solicited
any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain
from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to
fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure
any advantage against the public body awarding the contract of anyone interested in the proposed
directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof,
contract; that all statements contained in the bid are true; and, further, that the bidder has not,
or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
I declare under pen Iky of perjury that th regoing is true and correct and that this affidavit was
executed on the &St day of %UCUWU I 20na.
Subscribed and sworn to
(NOTARY SEAL)
CONTRACT
PUBLIC WORKS
This agreement is made this 6 %4 day of Mmbk , 20L2 by and
between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"),
and GARDNER POOL PLASTERING INC whose principal place of business is
1165 NORTH JOHNSON AVENUE, EL CAJON, CA 92020 (hereinafter
called "Contractor").
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contract documents
for:
Pool Improvements at the Carlsbad Swim Complex - Contract No. FAC02-12
(hereinafter called "project")
2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools,
equipment, and personnel to perform the work specified by the Contract Documents.
x- 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner
Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience,
Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and
Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and
this Contract or the Plans and Specifications, and all bonds for the project; all of which are
Supplemental Provisions, and all proper amendments and changes made thereto in accordance with
incorporated herein by this reference.
Contractor, herthis subcontractors, and materials suppliers shall provide and install the work as
indicated, specified, and implied by the Contract Documents. Any items of work not indicated or
specified, but which are essential to the completion of the work, shall be provided at the Contractor's
expense to fulfill the intent of said documents. In all instances through the life of the Contract, the
City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to
said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance.
4. Payment. For all compensation for Contractor's performance of work under this Contract, City
shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for Public Works Construction (SSPWC) 1997 Edition, and the 1998 and 1999 supplements thereto,
hereinafter designated "SSPWC", as issued by the Southem California Chapter of the American
Public Works Association, and as amended by the Supplemental Provisions section of this contract.
The Public Works/General Services will close the estimate of work completed for progress payments
on the last working day of each month.
r 5. Independent Investigation. Contractor has made an independent investigation of the
jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the
work, and is aware of those conditions. The Contract price includes payment for all work that may be
done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any
Revised 911 1/00 Contract No. FACO2-12 Page 26 of 59 Pages
information that may have been furnished to Contractor by City about underground conditions or
other job conditions is for Contractor's convenience only, and City does not warrant that the
conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground
conditions and has not relied on information furnished by City.
6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging
trenches or other excavations that extend deeper than four feet below the surface Contractor shall
promptly, and before the following conditions are disturbed, notify City, in writing, of any:
A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 251 17 of the Health and Safety Code, that is required to be removed to a Class
I, Class 11, or Class 111 disposal site in accordance with provi$ions of existing law.
6. Differing Conditions. Subsurface or latent physical conditions at the site differing from those
indicated.
C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual
work of the character provided for in the contract.
nature, different materially from those ordinarily encountered and generally recognized as inherent in
City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ,
or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time
described in this contract.
required for, performance of any part of the work shall issue a change order under the procedures
,"-
In the event that a dispute arises between City and Contractor whether the conditions materially
differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time
scheduled completion date provided for by the contract, but shall proceed with all work to be
required for, performance of any part of the work, contractor shall not be excused from any
performed under the contract. Contractor shall retain any and all rights provided either by contract or
by law which pertain to the resolution of disputes and protests between the contracting parties.
7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements
of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied
and will comply with these requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors, and consultants that are included in this
Contract.
8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of
California Labor Code, section 1773 and a copy of a.schedule of said general prevailing wage rates
Industrial Relations has determined the general prevailing rate of per diem wages in accordance with
is on file in the office of the City Public Works/General Services, and is incorporated by reference
herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages.
Contractor shall post copies of all applicable prevailing wages on the job site.
"
9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and
indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage,
injury and liability of every kind, nature and description, directly or indirectly arising from or in
connection with the performance of the Contract or work; or from any failure or alleged failure of
Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may
be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except
for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation,
?@ Revised 911 1/00 Contract No. FAC02-12 Page 27 of 59 Pages
arbitration, or other dispute resolution method.
Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense
costs include the cost of separate counsel for City, if City requests separate counsel.
Contractor shall also defend and indemnify the City against any challenges to the award of the
the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense
contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by
costs for the City. Defense costs include the cost of separate counsel for City, if City requests
separate counsel.
10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, his or her agents, representatives,
employees or subcontractors. Said insurance shall meet the Civs policy for insurance as stated in
Resolution No. 91-403.
(A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits
indicted herein:
a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per
occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate
aggregate in the amounts specified shall be established for the risks for which the City or its agents,
officers or employees are additional insured.
," b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the
performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether
scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any
auto" and cannot be limited in any manner.
c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits
as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000
acceptable to the City.
per incident. Workers' compensation offered by the State Compensation Insurance Fund is
(B) Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability
Insurance contain, or are endorsed to contain, the following provisions.
a. The City, its officials, employees and volunteers are to be covered as additional insured as
completed operations of the contractor; premises owned, leased, hired or borrowed by the
respects: liability arising out of activities performed by or on behalf of the Contractor: products and
the City, its officials, employees or volunteers. All additional insured endorsements must be
contractor, The coverage shall contain no special limitations on the scope of protection afforded to
evidenced using separate documents attached to the certificate of insurance; one for each company
affording general liability, and employers' liability coverage.
officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its b. The Contractor's insurance coverage shall be primary insurance as respects the City, its
officials, employees or volunteers shall be in excess of the contractor's insurance and shall not
contribute with it.
_-
a Revised 911 1/00 Contract No. FAC02-12 Page 28 of 59 Pages
"
c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided
to the City, its officials, employees or volunteers.
d. Coverage shall state that the contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
(C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to
state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage
or limits except after thirty (30) days' prior written notice has been given to the City by certified mail,
return receipt requested.
(D) Deductlbles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured
retention levels must be declared to and approved by the City. At the option of the City, either: the
City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of
insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the
losses and related investigation, claim administration and defense expenses.
(E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a
waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its
officials or employees.
(F) Subcontractors. Contractor shall include all subcontractors as insured 'under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for
subcontractors shall be subject to all of the requirements stated herein.
/" (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's
Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a
listing in the official publication of the Department of Insurance of the State of California and/or under
the standards specified by the City Council in Resolution No. 91 -403.
(H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and
original endorsements affecting coverage required by this clause. The certificates and
endorsements for each insurance policy are to be signed by a person authorized by that insurer to
City and are to be received and approved by the City before the Contract is executed by the City.
bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the
(I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included
in the Contractor's bid.
11. Ctaims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in
accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is
included in the Supplemental Provisions I section, The contractor shall initially submit all claims over
$375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all
claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California
Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit
for breach of this agreement.
(A) Assertion of Clalms. Contractor hereby agrees that any contract claim submitted to the City
must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation.
r
a Revised 911 1/00 Contract No. FAC02-12 Page 29 of 59 Pages
". (6) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be
considered fraud and the Contractor may be subject to criminal prosecution.
(C) Government Code. Contractor acknowledges that California Government Code sections
false claim to a public entity. These provisions include false claims made with deliberate ignorance of
12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a
the false information or in reckless disregard of the truth or falsity of the information.
(D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False
Claims Act, it is entitled to recover its litigation costs, including attorney's fees.
(E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim
may subject the Contractor to an administrative debarment proceeding wherein the Contractor may
be prevented from further bidding on public contracts for a period of up to five years.
(F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025,
3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
(G) Debarment from Other Jurlsdlctlons. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontrac-
tor from participating in future contract bidding.
(H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for
resolution of any disputes between the parties arising out of this agreement is San Diego County,
California.
I have read and understand all provisions of Section 11 above. init /&Lit
12. Maintenance of Records. Contractor shall maintain and make available at no cost to the
City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1,
Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's
principal place of business as specified above, Contractor shall so inform the City by certified
letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of
any change of address of such records.
f-
13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720
of the Labor Code are incorporated herein by reference.
14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted
for any monies withheld by the City to secure performance of this contract for any obligation
established by this contract. Any other security that is mutually agreed to by the Contractor and
the City may be substituted for monies withheld to ensure performance under this Contract.
15. Provisions Required by Law Deemed Inserted. Each and every provision of law and
clause required by law to be inserted in this Contract shall be deemed to be inserted herein and
included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not
correctly inserted, then upon application of either party, the Contract shall forthwith be physically
amended to make such insertion or correction.
"General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
_" 16. Additional Provisions. Any additional provisions of this agreement are set forth in the
a Revised 911 1/00 Contract No. FACO2-12 Page 30 of 59 Pages
AlTACHED
? c
(CORPORATE SEAL)
CONTRACTOR: CITY OF CARLSBAD a municipal corporation of
LORRAINE M. WOOD, City Cierk '
By:
5 TlCw ng ME L4iNUJ SC b*%%
(print name and title)
President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under the corporate seal empowering that officer to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
NOTARY PUBLIC- CALIFORNIA
By: WML"
Deputy City Attorney
@ Revised 911 1/00 Contract No. FAC02-12 Page 31 of 59 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
(STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO )
ON February 26.2002 BEFORE
ME, LISA L. SCOTT, NOTARY PUBLIC
PERSONALLY APPEARED SCOTT MCKENNA AND J. RICHARD MCKENNA,
@PERSONALLY KNOWN TO ME ' (OR PROVED TO ME ON THE BASIS OF SATISFACTORY
AND ACKNOWLEDGED TO ME THAT HEISHEITHEY EXECUTED THE SAME IN HISIHERITHEIR
EVIDENCE) TO BE THE PERSON(S) WHOSE NAME@) WARE SUBSCRIBED TO THE WITHIN INSTRUMENT
AUTHORIZED CAPACITY(IES), AND THAT BY HISIHERITHEIR SIGNATURE@) ON THE INSTRUMENT THE
PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S)
ACTED, EXECUTED THE INSTRUMENT.
82/21/2882 15: 83 6195938886 GARDNER PAGE 82
BOW# -159353 LABOR AND MATERIALS BOND
:. LIJM INCLUDED IN PERF&MANCE BOND
,?.
WHEREAS.-the Clty Council of the Clty of Csrlebad, Stab of Cllltoml., by Reddon No. 2002-056 I adopted , hq awarded to
CARDNER POOL PLASTERING INC
(hmlnater doeignated a8 the 'Prlnclpal'), a Contract for. Pool Improvemento at the carisbad Swlm Complex - Contract NO. FACW-12.
in the Clty of Car(rb.d, In strict conformity with the drawings and cpadficatbnr, and other Contract Dooumenm now on flle in the office of the Clty Clerk of the City of culrbad and all of whii am
Inoofpmted herein by this reference.
WHEREAS, Prinoipal has executed or is about to execute sakl Contract and the terms thereof
require the furnishing of a bond, providing that if Principal or any of thdr rubcantnctors shall fall to pay for any materials, provisions, prwender or other supplies or tern uwd In, upon or about the
perfOrmanCe of the work aoreed to be done, or for any work or labor done thereon of any kind, tho
Surety on thla bond will pay me same to the extent hereinafter set forth.
One hundred percent (100%) of the total estimated amount payable under sald oontmct by the City ($ 96.021.00 ), raid sum belng an amount equal to:
of Carlsbad under the term8 of the contract when the total amount pay?We doee not exceed fie
mllllon dollam ($5,OOo,WO) or, Flfiy percent (M%) of the toaal estimated amount payable under Bald oontmcl by the Clty of Carlsbad
under the tern of ~JM mtract when the total amount payable Is not leur than flve mllllon dollan
($5,OOO,OOO) and doaa not exceed ten mllllon dollars (%lO,OOO,~) or,
Twenty-flve percent (25%) of the total estimated amount payable under eaid mnlmct by the Ci of
csrlebad under the terms of the oontract if the contract exceeds ten mlllbn dollam (SlO,OOO,oaO) and for whii payment well and truly to be made we blnd ourselvsr, wr helm, executom and
adminicltntora, SU~CBBBOB, or asslgns, Jointly and severally, firmly by these pmonte.
THE CONDITION OF MIS OBLIGATION IS SUCH that if the pereon or hmar wbm fail to
pay for any materials, provisions, provender, suppllm, or teams ueed In, upon, for, or about me
performance of the work contracted to be done, or for any other work 01 labor thereon of any kind, or
for amounts due under the Unemployment Insurance Code with resped to ruoh work or labor, or for
any amounts required to be deducted, withheld, and paid over to the Employment Development Deparbnent from the wagee of employeee of the contractor and eubcmtmctom punuant to section 15020 of the unemployment lnruranw Code with respect to such work and hbor that the Surety wlll pay for the same, not to exceed the sum epeclfled In the bond, and, alw, In oaee suit la brought upon the bond, oosts and reaeonable expenses and fees, including reasonable attorneyla fwe, to be Axed by the court, M required by the provlaions of section 3248 of the Califomla CMI Code,
, '. This bond shall Inure to the benefit of MY and all persons, companies and ootporatkma entltled to flle - claim ,under Title 15 of Pslt 4 of Division 3 of the Cil Code (commenolng wHh aectlon 3082).
GPRDNER PAGE 83
. ..
"
,-
No.
- ?e, LISA L. SCOTT
Comrn. U 1202357
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
(STATE OF CALIFORNIA )
COUNTY OF SAN DlEGO )
ON Februatv 26,2002 BEFORE
ME, LISA L. SCOTT, NOTARY PUBLIC ,
PERSONALLY APPEARED SCOTT MCKENNA AND J. RICHARD MCKENNA,
@PERSONALLY mow To ME ' (OR PROVED TO ME ON THE BASIS OF SATISFACTORY
EVIDENCE) TO BE THE PERSON(S) WHOSE NAME(S) WARE SUBSCRIBED TO THE WITHIN INSTRUMENT
AND ACKNOWLEDGED TO ME THAT HEISHEITHEY EXECUTED THE SAME IN HlSlHERITHElR
AUTHORIZED CAPACITY(IES), AND THAT BY HISIHERITHEIR SIGNATURE(S) ON THE INSTRUMENT THE
ACTED, EXECUTED THE INSTRUMENT.
PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S)
WITNESS MY HAND AND OFFICIAL SEAL.
bV
,.^
SIGNATURE ,.
A
American Contractors Indemnity Company
Los Angeles, California
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS INDEMNITY COMPANY, a California Corporation
(the “Company”). and having its principal office in Los Angeles. California does hereby constitute and appoint:
Corrine Brown
as its true and lawful Attorney(s>in-fact, in amount of $3~ooo~ooo~oo, to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings. recognizances. contracts of indemnity and other writings obligatory in the nature thereof. which are or may be allowed. required or permitted by law. statute, rule, regulation. contract or otherwise, and the execution of such insmment(s) in pursuance
of these presents, shall be as binding upon the said -CAN CONTRACTORS INDEMNITY COMPANY. as fully and amply. to all intents and purposes. as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office.
This Powcr of Anomy is executed. and may be certified to and may be revoked. pursuant to and by authority of ~lutions adopted by the BO&
of Directors of AMERICAN CONTRACTORS INDEMNlTY COMPANY. at a mesing called and held on the 6thday of December, 1990.
RESOLVED that the Chief Executive Officer, President or any Vce President Executive Vice President, secreta^^ or Assistant Secretay,
shall have power and authority.
1. To appoint Attorney(s)-in-fact and to authorize them to execute on behalf of the Company, and attach the Seal of the Company
2. To remove, at any time, any such Attorney-in-fact and revoke the authority given.
thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and.
RESOLVED FURTHER, that the signature of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of atlorney or certificate bearing such facsimile signatuns or facsimile
shall be valid and binding upon the Company and any such power so executed and certified by facsimile signawes and facsimile seal shall
be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.
WITNESS WHEREOF, AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to be signed and its
corporate seal to be affixed by its authorized officer this 9th day of -. X!!IL..
STATE OF CALIFORNIA COUNTY OF LOS ANGELES
On -Y 9.2000 before me. Deborah Rem e . personally appeared And!- personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the person. or the entity upon behalf of which the person acted.
executed the instrument.
WlTNFSS my hand and official seal.
dJ Ai?& C/lQCLe CEKl’IRCATION
I, the undersigned offkcr of AMERICAN CONTRACTORS INDEMNllY COMPANY do hereby certify that 1 have compared the
as set fo& in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY. and that same are foregoing copy of the Power of Attorney and affidavit, and the copy of the resolution adopted by the Board of Directors of said Company
correct transcripts thereof and of the whole of the said originds. and that the said Power of Attorney has not been revoked and is now in full
force and effect.
L . xESTIMONY WHEREOF, I have haeunto set my hand this 22ND day of FEBRUARY 2002
v James H. Ferguson!JSecretary
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT NO. 5937
State of CALIFORNIA
County Of SAN DIEGO
On
personally appeared CO~~ BROWN
2-22-02
DATE
before me,
NAME. TITLE OF OFFICER - E.G.. JANE WE. NOTARY PUBLIC
lT. NOTARY PUBLIC
NAMEIS) OF SIGNERIS)
personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
SIGNATURE O~NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL 0 CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT TITLEIS1
0 PARTNER(S) 0 LIMITED
0 ATTORNEY-IN-FACT
TRUSTEE(S) 0 GUARDIAWCONSERVATOR 0 OTHER:
GENERAL
. . NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME OF F€RSON(S) OR ENTTYIIESI
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION 8236 Remmel Ave., P.O. Box 7184 * Canaga Pa*. CA 91309-7184
GARDNER PAGE 84
LS'"~'# 159353 FAITHFUL PERFORMANCEMIARRANTY BOND
PA- .AIUM: $2881.00
I..".
WHEREAS,. the Cii Councll of the Cky of Cam, State of C.Hfomla, by Rdution
CARDNER POOL PLASTERING INC , (henlnafter
deelgnated as the 'Prindpay), a Contract for: Pod Improvements at tho CCrM Wbn Complex -
In the Cftv of Carlcbpd, in sei* conformity with the contract. the dram and 8pecIflcaUons. and
other Contract Documents now on flle in the Office of the City Clerk of the Cky of Carisbad, all of
whlch are Incorporated herein by this reference.
WHEREAS, Princ4pai has executed or is about to execute sald Contnct and Ihe terms thereof
require the furnishing of a bond for the faithful pellamam and warnnty of Saw Contract;
NOW,THEREFORE, WE, GARDNER POOL PLASTERING INC ,a8 Principal,
(heminn-r deel#nnted M me -Contractor), snd
Contract NO. FACM-19.
, as Surety, are held and firmly bound unto the Clty of Cakbad. In the sum of NINETY SIX THOUSAND TWENTY ONE AND oo/Oo-----------------
one hundred wmnl (lbooAl of the estimated amount ot me Contract, b be paid to clty or its certain
"""""""""_"""""""" boll at^ ($ 96.021 *OO ), Mid sum being WUd to
.. attorney. ita km arid assigns: for whii payment, well and truly to ba made, we bind
OUIB81Ve5, our heirs. executors and administrators, successors or asalgns, lolntly and sevedy, firmly by thers presenm.
THE CONDITION OF THIS OBLIGATION IS SUCH tJmt if the abwe bounden Contractor, their heim, executors, admlnlstratom, ~UCCBOBOTS or amigne, shall In all things stand to and abide by, Md wdi
and truly keep and perform the covenants, condltlons. and agreement8 In the contract and My
alteration thereof made as therein provided on their part, to be kept and perfomed at the time and In the manner therein specified, and In all re6pects according to their true intent and meanlng, and shall
stipulated, then thls obllgatlon shall become null and void otheNvise It shall remaln In full forw and Indemnify and save harmless the City of Carisbad, Its officers, empiopes and agents, ae therein
effect
AE a pan of the obligation secured hereby and in addltlon to the face amount ~pe~tfled therefor, there shall be induded coats and reasonable expenses and fees, lndudlng mmwnnble attorneys fern,
incurred by the City in successfully enforcing such obligation, all to be tsxed as ooatr and induded In
~yjudgmsnt rendered.
Surety stipulates and agrees that no change, extension of tlme, aitemtbn or add it lo^^ to the tern of the Contract, or to the work to be performed thereunder or the specikatkmc ammpanying the same hall affeci its obligations on this bond, and It does hereby We nollce of any chmge, extenelon of tlme, alterations or addltlon to the terms of the contract or to the work or to the
~. specifications.
.-
GARDNER PAGE a5
.. In the event that Contnctor le an individual, It k, agreed that the death of any ruch Contraaor shall
Ld not exonerate the Surety from Ils obligations under this bond.
Executd by CONTRACTOR this Exeouted by SURETY thlr 22ND day of
&Y of
CONTRACTOR: SURETY:
FEBRUARY ,20%. FEBRUARY I a-. 02
PLASTERING. INC. AMERICAN coNTRAcToRs mm1TP COMPANY
(name of contmctor) (name of Surety)
I' 1081 -NO DEL RIO SODTI3 1107
'... ... .(elm here) W T Q\cwco Mc <em4 (~ttach corporate malutlan rhowlng current
(print name here) power of attorney.)
(atfPN@I PhGL ~L&5E%?UL ZkC &/-
(Tltla md Organlzntlon of signatary)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY mu& be attached.)
(President or vieepresldent and secretary or assistant Becretary muat rlgn for owporntione. If only
one officer signs. the corporation must attach a resolution certified by the secretary or amlstant secretary under carparate seal empowering that offlcer to bind the CorpOrnUon.)
APPROVED AS TO FORM:
RONAU) R. BALL CHy Attorney
"
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
(STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO )
ON Februaw 26.2002 BEFORE
ME, LISA L. SCOTT, NOTARY PUBLIC
PERSONALLY APPEARED SCOTT MCKENNA AND J. RICHARD MCKENNA,
PPERSONALLY KNOWN To ME ’ (OR PROVED TO ME ON THE BASIS OF SATISFACTORY
EVIDENCE) TO BE THE PERSON(S) WHOSE NAME(S) WARE SUBSCRIBED TO THE WITHIN INSTRUMENT
AND ACKNOWLEDGED TO ME THAT HEISHEITHEY EXECUTED THE SAME IN HISIHERITHEIR
AUTHORIZED CAPACITY(1ES). AND THAT BY HISIHERITHEIR SIGNATURE(S) ON THE INSTRUMENT THE
ACTED, EXECUTED THE INSTRUMENT.
PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S)
WITNESS MY HAND AND OFFICIAL SEAL.
”
A
American Contractors Indemnity Company
Los Angeles, California
POWER OF ATTORNEY
KNOW Au MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS INDEMNITY COMPANY, a California Corporation (the“Company”), and having its principal office in Los Angeles, California does hereby constitute and appoint:
Corrine Brown
and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may
as its true and lawful Attorney(s>in-fact, in amount of f3~ooo*ooo~oo, to execute. seal and deliver for and on its behalf as surety, any
be allowed, required or permitted by law, statute, rule. regulation, contract or otherwise, and the execution of such instrument(s) in pursuance
of these presents, shall be as binding upon the said AMERICAN CONTRACTORS INDEMNITY COMPANY. as fully and amply, to all
intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office.
This Power of Attorney is executed. and may be certified to and may be revoked, pursuant to and by authority of resolutions adopted by the Board
of D-rs of AMERICAN CONTRACTORS lNDEMN’RY COMPANY, at a meeting called and held on the 6th day of December, 1990.
RESOLW that the Chief Executive Offker, President or any Vice President. Executive Vice President, Secretary or Assistant Secretary,
shall have power and authority.
1. To appoint Attorney(s)-in-fact and to authorize. them to execute on behalf of the Company, and attach the Seal of the Company
2. To remove, at any time, any such Attorney-in-fact and revoke the authority given.
thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and.
RESOLVED FURTHER. that the signature of such officers and the seal of the Company may be affixed to any such power of anorney or any certificate relating thereto by facsimile. and any such power of attorney or certificate bearing such facsimile Signatures or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall
’ valid and binding upon he Company in the future with respect to any bond or undertaking to which it is attached.
11-1 WITNESS WHEREOF, AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer this 9th day of >v I A“.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the insmment the person. or the entity upon behalf of which the person acted,
executed the instrument
my 9. ZOO0 before me, Deborah Recse . personally appeared Andv Faust
I. the undersigned ofticer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit. and the copy of the resolution adopted by the Board of Directors of said Company
as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY. and that same arc correct transcripts thereof and of thc whole of the said originals. and that the said Power of Attorney has not bees revoked and is now in full
f- -.and effect.
IN ESI”0NY WHEREOF, I have hereunto set my hand this 22W day of FE3RUARY 2002
v James H. Ferguson!kecretary
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
~.
No. 5W7
.
State of CALIFORNIA
County Of SAN DIEGO
On "
DATE
before me, ),
NAME. rlnE OF OFFICER - E.G.. 'JANE DOE. NOTARY PUBLIC-
NOTARY PWLIC
personally appeared
ff personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that helshelthey executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
CORRINE BROWN
NAMEIS) OF SIGNER(S)
-9- SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law. it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL 0 CORPORATE OFFICER
TmElSI
TITLE OR TYPE OF DOCUMENT
0 PARTNER(S) 0 LIMITED
0 AlTORNEY-IN-FACT NUMBER OF PAGES 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER
0 GENERAL
DATE OF DOCUMENT
SIGNER IS REPRESENTING NAME OF PERSCU(S)M( EWIIESI
SIGNER(S) OTHER THAN NAMED ABOVE
'01993 NATIONAL NOTARY ASSCCIATION - 8236 Remmel Me.. P.O. Box 7184 * Canoga Pa&, CA 91309-7184
." OPTIONAL ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the City of Carlsbad whose
address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and
whose address is
hereinafter called
"Contractor" and whose address is
hereinafter
called "Escrow Agent.'
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows:
1. the contractor has the option to deposit securities with the Escrow Agent as a substitute for retention Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California,
earnings required to be withheld by the City pursuant to the Construction Contract entered into
between the City and Contractor for Pool Improvements at the Carlsbad Swim Complex - Contact No. FAC02-12 in the amount of dated
shall make payments of the retention earnings directly to the escrow agent. When the Contractor (hereinafter referred to as the "Contract"). Alternatively, on written request of the contractor, the City
within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and
omissions of the escrow agent in connection with the handling of retentions under these sections in
an amount not less than $100,000 per contract. The market value of the securities at the time of the
substitution shall be a least equal to the cash amount then required to be withheld as retention under
the terms of the contract between the City and Contractor. Securities shall be held in the name of
the , and shall designate the Contractor as the beneficial
owner.
2. The City shall make progress payments to the Contractor for such funds which otherwise would
Agent holds securities in the form and amount specified above. be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow
3. When the City makes payment of retentions earned directly to the escrow agent, the escrow
agent shall hold them for the benefit of the contractor until such time as the escrow created under
this contract is terminated. The contractor may direct the investment of the payments into securities.
equally applicable and binding when the City pays the escrow agent directly.
All terms and conditions of this agreement and the rights and responsibilities of the parties shall be
4. The contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and
payment terms shall be determined by the City, Contractor and Escrow Agent.
5. The interest earned on the securities or the money market accounts held in escrow and all
withdrawal by Contractor at any time and from time to time without notice to the City.
interest earned on that interest shall be for the sole account of Contractor and shall be subject to
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account
/- deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City
"
Revised 911 1/00 Contract No. FACO2-12 Page 36 of 59 Pages
”
only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow . Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor.
7. The City shall have a right to draw upon the securities in the event of default by the Contractor.
shall immediately convert the securities to cash and shall distribute the cash as instructed by the City.
Upon seven days’ written notice to the Escrow Agent from the City of the default, the Escrow Agent
8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the
Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.
9. The Escrow Agent shall rely on the written notifications from the City and the contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent’s release, conversion and disbursement of the securities and interest as set forth above.
10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:
For City: Title
For Contractor:
For Escrow Agent:
Name
Signature
Address
Title
Name
Signature
Address
Title
Name
Signature
Address
At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent
a fully executed counterpart of this Agreement.
e Revised 911 1/00 Contract No. FAC02-12 Page 37 of 59 Pages
_-- IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the
date first set forth above.
For City: Title
Name
Signature
Address
For Contractor:
Name
Signature
Address
For Escrow Agent: Title
Name
Signature
Address
Revised 911 1/00 Contract No. FAC02-12 Page 38 of 59 Pages
A Amedcan Contractors Indemnity Company
0.
C n
I
c
FOR NOTARIZATION
SEE ATTACHMENT
SUPPLEMENTAL PROVISIONS
FOR
POOL IMPROVEMENTS AT THE
CARLSBAD SWIM COMPLEX
CONTRACT NO. FACO2-12
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART 1, GENERAL PROVISIONS
SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS
1-1 TERMS
Add the following section:
1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled",
accompanying these provisions, unless stated otherwise.
Add the following section:
1-1.2 Directions. Where words "directed, "designated", "selected", or words of similar import are
used, it shall be understood that the direction, designation or selection of the Public WorkdGeneral
Services is intended, unless stated otherwise. The word "required" and words of similar import shall
the Public Works/General Services," unless stated otherwise.
be understood to mean "as required to properly complete the work as required and as approved by
Add the following section:
1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such
words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Public Works/General Services", unless otherwise stated. Where the words
the approval, acceptance, or similar import of the Public WorkdGeneral Services is intended.
"approved", "approval", "acceptance", or words of similar import are used, it shall be understood that
Add the following section:
1-1.4 Perform. The word 'perform" shall be understood to mean that the Contractor, at its
expense, shall perform all operations, labor, tools and equipment, and further, including the
furnishing and installing of materials that are indicated, specified or required to mean that the
Contractor, at its expense, shall furnish and install the work, complete in place and ready to use,
including furnishing of necessary labor, materials, tools, equipment, and transportation.
" or words of similar import are used, it shall be understood that reference is made to the plans
- 1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein.
Agency -the City of Carlsbad, California.
a Revised 911 1/00 Contract No. FAC02-12 Page 39 Of 59 Pages
/I City Councll -the City Council of the City of Carlsbad.
City Manager - the City Manager of the City of Carlsbad or hidher approved representative.
claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute
Dispute Board - persons designated by the City Manager to hear and advise the City Manager on
resolution.
Public WorkdGenerai Services - the Public Works Director of the City of Carlsbad or his/her
approved representative. The Public WorkdGeneral Services is the third level of appeal for informal
dispute resolution.
Contract Price bid.
Minor Bid item - a single contract item constituting less than 10 percent (10%) of the original
directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further,
Own Organizatlon - When used in Section 2-3.1 - Employees of the Contractor who are hired,
such employees have their employment taxes, State disability insurance payments, State and
Federal income taxes paid and administered, as applicable, by the Contractor. When used in
Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases
and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an
operator is not part of the Contractor's Own Organization and will not be included for the purpose of
compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions.
," Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided
who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee
of the Agency or a public utility.
Principal inspector - The Senior inspector's immediate supervisor and second level of appeal for
informal dispute resolution.
Project inspector - the Public WorkdGeneral Services's designated representative for inspection,
contract administration and first level for informal dispute resolution.
Project Manager - the Public Works Manager/General Services of the City of Carlsbad or his/her
approved representative.
Senior inspector - the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution.
1-3 ABBREVIATIONS
1-3.2 Common Usage, add the following:
Abbreviation Word or Words Apts ........................................ Apartment and Apartments
Bldg ........................................ Building band Buildings
CMWD ................................... Carlsbad Municipal Water District
CSSD ..................................... Carlsbad Supplemental Standard Drawings
I" cfs .......................................... Cubic Feet per Second
Comm .................................... Commercial
DR .......................................... Dimension Ratio
E ............................................ Electric
@ Revised 9/11/00 Contract No. FAC02-12 Page 40 of 59 Pages
............................................
4-
G Gas
gal .......................................... Gallon and Gallons
Gar ......................................... Garage and Garages
GNV ....................................... Ground Not Visible
gpm ........................................ gallons per minute
IE ........................................... Invert Elevation
LCWD .................................... Leucadia County Water District
MSL ....................................... Mean Sea Level (see Regional Standard Drawing "12)
MTBM .................................... Microtunneling Boring Machine
NCTD ..................................... North County Transit Distrct
OHE ....................................... Overhead Electric OMWD ................................... Olivenhain Municipal Water District
ROW ...................................... Right-of-way
S ............................................ Sewer or Slope, as applicable
SDNR .................................... San Diego Northern Railway
SDRSD .................................. San Diego Regional Standard Drawing
SFM ....................................... Sewer Force Main
T ............................................. Telephone .
W Water, Wider or Width, as applicable
UE Underground Electric
VWD ...................................... Vallecitos Water District
.......................................... ...........................................
SECTION 2 -- SCOPE AND CONTROL OF THE WORK
I" 2-3 SUBCONTRACTS.
the Contractor to complete 50 percent of the contract price with its own organization, the Agency may
2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring
at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of the
value of the work performed in excess of 50 percent of the contract price by other than the
Contractor's own organization. The City Council shall be the sole body for determination of a violation
of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a
public hearing before the City Council and shall be notified ten (IO) days in advance of the time and
location of said hearing. The determination of the City Council shall be final.
2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, "who
is listed in the latest version of US. Department of Treasury Circular 570,".
ancelwarranty bond and payment bond (labor and materials bond) for this contract. The faithful
Modify paragraphs three and four to read: The Contractor shall provide a faithful perform-
performance/warranty bond shall be in the amount of 100 percent of the contract price. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount
equal to:
1) One hundred percent (100%) of the total amount payable by the terms of the contract when the
total amount payable does not exceed five million dollars ($5,000,000).
2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million
dollars ($1 0,000,000).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract
Both bonds shall extend in full force and effect and be retained by the Agency during this project until
exceeds ten million dollars ($10,000,000).
they are released according to the provisions of this section.
,/-
a Revised 911 1/00 Contract No. FAC02-12 Page 41 of 59 Pages
"
The faithful performancelwarranty bond will be reduced to 25 percent of the original amount 30 days
warranty period and until all warranty repairs are completed to the satisfaction of the Public
after recordation of the Notice of Completion and will remain in full force and effect for the one year
WorksIGeneral Services. The bonds to secure payment of laborers and materials suppliers shall be
released six months plus 30 days after recordation of the Notice of Completion if all claims have
been paid.
Add the following: All bonds are to be placed with a surety insurance carrier admitted and
authorized to transact the business of insurance in California and whose assets exceed their
liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the
following documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the
insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the
execution of the bond. The financial statement shall be made by an officer's certificate as defined in
Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may
be verified by the oath of the principal officer or manager residing within the United States.
instrument entitling or authorizing the person who executed the bond to do so.
2-5 PLANS AND SPECIFICATIONS.
2-5.1 General, add the following: The specifications for the work include the Standard
Specifications for Public Works Construction, (SSPWC), 1997 Edition, and the 1998 AND 1999
supplements thereto, hereinafter designated "SSPWC", as written and promulgated by Joint
Cooperative Committee of the Southern California Chapter American Public Works Association and
Southern California Districts Associated General Contractors of California, and as amended by the
Supplemental Provisions section of this contract.
The construction plans consist of one set. The set is designated as Aquatic Design Group and
consist of three sheets. The standard drawings used for this project are the latest edition of the San
County Department of Public Works, together with the most recent editions of the City of Carlsbad
Diego Area Regional Standard Drawings, hereinafter designated SDRS, as issued by the San Diego
Supplemental Standard Drawings, hereinafter designated as CSSD, as issued by the City of
Carlsbad and the Carlsbad Municipal Water District Standard Plans hereinafter designated as
CMWDSD, as issued by the Carlsbad Municipal Water District. Copies of some of the pertinent
standard drawings are enclosed as an appendix to these Supplemental Provisions.
2-5.2 Precedence of Contract Documents, modify as follows: If there is a conflict between
Contract Documents, the document highest in precedence shall control. The precedence shall be
the most recent edition of the following documents listed in order of highest to lowest precedence:
1) Permits from other agencies as may be required by law.
2) Supplemental Provisions.
3) Plans.
4) Standard Plans.
a) City of Carlsbad Supplemental Standard Drawings.
c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings.
b) Carlsbad Municipal Water District Standard Drawings.
d) San Diego Area Regional Standard Drawings.
5) Standard Specifications for Public Works Construction.
e) State of California Department of Transportation Standard Plans.
6) Reference Specifications.
,"
Revised 911 1/00 Contract No. FAC02-12 Page 42 of 59 Pages
f"
7) Manufacturer's Installation Recommendations.
take precedence over items 2) through 7) above. Detailed plans and plan views shall have
Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will
precedence over general plans.
2-5.3.3 Submittals, add the following: Each submittal shall be consecutively numbered.
alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth
Resubmittals shall be labeled with the number of the original submittal followed by an ascending
submittal had been given to the Public Works/General Services). Each sheet of each submittal shall
be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of transmittal shall contain the
following:
2) Number of complete sets.
1) Project title and Agency contract number.
4) Specification section number(s) pertaining to material submitted for review.
3) Contractor's certification statement.
5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for
6) Description of the contents of the submittal.
7) Identification of deviations from the contract documents.
When submitted for the Public WorkdGeneral Services's review, Shop Drawings shall bear the
Contractor's certification that the Contractor has reviewed, checked, and approved the Shop
Contractor shall subscribe to and shall place the following certification on all submittals:
Drawings and that they are in conformance with the requirements of the Contract Documents. The
"I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to
be incorporated into this Project, is in compliance with the Contract Documents, can be installed in
the allocated spaces, and is submitted for approval."
the same materials.)
By: Title:
Date:
Company Name:
Add the following:
2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the
original drawings and specifications and the exact "as-built'' locations, sizes and kinds of equipment,
underground piping, valves, and all other work not visible at surface grade. Prints for this purpose
may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be
used only as a record set and shall be delivered to the Public Works/General Services within ten (1 0)
days of completion of the work. Payment for performing the work required by section 2-5.4 shall be
included in the various bid items and no additional payment will be made therefor.
2-10 AUTHORITY OF BOARD AND PUBLIC WORKWGENERAL SERVICES.
,/"
Add the following section:
2-10.1 Avallabllity of Records, The Contractor shall, at no charge to the Agency, provide copies
of all records in the Contractor's or subcontractor's possession pertaining to the work that the Public
WorkdGeneral Services may request.
a Revised 911 1/00 Contract No. FACO2-12 Page 43 of 59 Pages
r Add the following section:
2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Public
WorkdGeneral Services, within San Diego County, accurate books and accounting records relative
to all its activities and to contractually require all subcontractors to this Contract to do the same. The
Public Works/General Services shall have the right to monitor, assess, and evaluate Contractor's
and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and
evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts,
subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract.
At any time during normal business hours and as often as the Public WorkdGeneral Services may
deem necessary, upon reasonable advance notice, Contractor shall make available to the Public
WorkdGeneral Services for examination, all of its, and all subcontractors to this contract, records
with respect to all matters covered by this Contract and will permit the Public WorkdGeneral
Services to audit, examine, copy and. make excerpts or transcripts from such data and records, and
to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all
matters covered by this Contract. However, any such activities shall be carried out in a manner so as
to not unreasonably interfere with Contractor's ongoing business operations. Contractor and all
subcontractors to this contract shall maintain such data and records for as long as may be required
by applicable laws and regulations.
SECTION 3 -- CHANGES IN WORK
3-2 CHANGES INITIATED BY THE AGENCY. - 3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in
quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of
contract unit price for such items will be limited to that portion of the change in excess of 25 percent
of the original quantity listed in the Contractor's bid proposal for this contract. Adjustments in excess
of 25 percent may, at the option of the Public Works/General Services, be paid pursuant to section 3-
3, Extra Work.
3-3 EXTRA WORK.
3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of
ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs
shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CALTRANS,
current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein
shall be used as multipliers of the rental rates for determining the value of costs for delay to the
Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of
this contract.
3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following:
(a) Work by Contractor. The following percentages shall be added to the Contractor's costs
and shall constitute the markup for all overhead and profits:
2) Materials 15
1) Labor 20
3) Equipment Rental ................... 15
4) Other Items and Expenditures .. 15
To the sum of the costs and markups provided for in this section, 1 percent shall be added as
................................... .............................
- compensation for bonding.
Revised 911 1/00 Contract No. FACO2-12 Page 44 of 59 Pages
"
(b) Work by Subcontractor. When all or any part of the extra work is performed by a
actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of
Subcontractor, the markup established in section 3-3.2.3(a) shall be applied to the Subcontractor's
the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted
portion of the extra work may be added by the Contractor.
3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for extra work will not be made until such time that the Contractor submits completed daily reports and
all supporting documents to the Public Works/General Services.
3-4 CHANGED CONDITIONS.
Delete the second sentence of paragraph three, delete paragraph five (5), and add the following: The
Contractor shall not be entitled to the payment of any additional compensation for any act, or failure
to act, by the Public WorkdGeneral Services, including failure or refusal to issue a change order, or
for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Public Works/General Services due written notice of potential claim as hereinafter
specified. Compliance with this section shall not be required as a prerequisite to notice provisions in
Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in
for changed conditions shall be submitted by the Contractor to the Public WorkdGeneral Services
measurement or errors of computation as to contract quantities. The written notice of potential claim
upon their discovery and prior to the time that the Contractor performs the work giving rise to the
potential claim. The Contractor's failure to give written notice of potential claim for changed
conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver
of all claims in connection therewith.
The Contractor shall provide the City with a written document containing a description of the
particular circumstances giving rise to the potential claim, the reasons for which the Contractor
working days of the date of service of the written notice of potential claim for changed conditions.
believes additional compensation may be due and nature of any and all costs involved within 20
Verbal notifications are disallowed.
,("
a Revised 9/11/00 Contract No. FAC02-12 Page 45 of 59 Pages
r-
The potential claim shall include the following certification relative to the California False Claims Act,
Government Code Sections 12650-12655.
‘The undersigned certifies that the above statements are made in full cognizance of the California
False Claims Act, Government Code sections 12650-12655. The undersigned further understands
and agrees that this potential claim, unless resolved, must be restated as a claim in response to the
City‘s proposed final estimate in order for it to be further considered.”
By: Title:
Date:
Company Name:
The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor
shall submit substantiation of its actual costs to the Public Works/General Services within 20 working
days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim.
It is the intention of this section that differences between the parties arising under and by virtue of the
time in order that such matters be settled, if possible, or other appropriate action promptly taken.
contract be brought to the attention of the Public Works/General Services at the earliest possible
3-5 DISPUTED WORK.
r- Add the following: The Contractor shall give the agency written notice of potential claim prior to
commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in
connection therewith.
Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute
attempt to resolve all disputes informally through the following dispute resolution chain of command:
resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall
1. Project Inspector
2. Senior Inspector
3. Principal Inspector
4. Public Works Director
5. City Manager
The Contractor shall submit a complete report within 20 working days after completion of the
disputed work stating its position on the claim, the contractual basis for the claim, along with all
documentation supporting the costs and all other evidentiary materials. At each level of claim or
appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review
the Contractor’s report and respond with a position, request additional information or request that the
Contractor meet and present its report. When additional information or a meeting is requested the
City will provide its position within 10 working days of receipt of said additional information or Contractor’s presentation of its report. The Contractor may appeal each level’s position up to the City
Manager after which the Contractor may proceed under the provisions of the Public Contract Code.
_- The authority within the dispute resolution chain of command is limited to recommending a resolution
to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract.
Revised 9/11/00 Contract No. FAC02-I2 Page 46 of 59 Pages
All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures
in the Public Contract Code, Division 2, Part 3, Chapter I, Article I .5 (commencing with Section
20104) which is set forth below:
ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS
20104. (a)(l) This article applies to all public works claims of three hundred seventy-five thousand
dollars ($375,000) or less which arise between a contractor and a local agency.
public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1
(2) This article shall not apply to any claims resulting from a contract between a contractor and a
(commencing with Section 10240) of Chapter 1 of Part 2.
(b)(l) "Public work has the same meaning as in Sections 3100 and 3106 of the Civil Code, except
that "public work" does not include any work or improvement contracted for by the state or the
Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of
money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract
for a public work and payment of which is not otherwise expressly provided for or the claimant is not
otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency.
for any work which may give rise to a claim under this article.
(c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications
(d) This article applies only to contracts entered into on or after January 1, 1991.
"
20104.2. For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the claim.
Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to
extend the time limit or supersede notice requirements otherwise provided by contract for the filing of
claims.
(b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30
days of receipt of the claim, any additional documentation supporting the claim or relating to
defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted to the
claimant within 15 days after receipt of the further documentation or within a period of time no greater
than that taken by the claimant in producing the additional information, whichever is greater.
(c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred
seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written
the claim, any additional documentation supporting the claim or relating to defenses to the claim the
claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of
local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
the claimant within 30 days after receipt of the further documentation, or within a period of time no
(3) The local agency's written response to the claim, as further documented, shall be submitted to
greater than that taken by the claimant in producing the additional information or requested
documentation, whichever is greater.
within the time prescribed, the claimant may so notify the local agency, in writing, either within 15
(d) If the claimant disputes the local agency's written response, or the local agency fails to respond
days of receipt of the local agency's response or within 15 days of the local agency's failure to
respond within the time prescribed, respectively, and demand an informal conference to meet and
confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a
."
@ Revised 911 1/00 Contract No. FAC02-12 Page 47 of 59 Pages
”
meet and confer conference within 30 days for settlement of the dispute.
claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2
(e) Following the meet and confer conference, if the claim or any portion remains in dispute, the
(commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For
purposes of those provisions, the running of the period of time within which a claim must be filed
shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a)
until the time that claim is denied as a result of the meet and confer process, including any period of
time utilized by the meet and confer process.
(f) This article does not apply to tort claims and nothing in this article is intended nor shall be
construed to change the time periods for filing tort claims or actions specified by Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division
3.6 of Title 1 of the Government Code.
to this article:
20104.4. The following procedures are established for all civil actions filed to resolve claims subject
shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties.
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court
The mediation process shall provide for the selection within 15 days by both parties of a disinterested
third person as mediator, shall be commenced within 30 days of the submittal, and shall be
concluded within 15 days from the commencement of the mediation unless a time requirement is
extended upon a good cause showing to the court or’by stipulation of both parties. If the parties fail
to select a mediator within the 15-day period, any party may petition the court to appoint the mediator.
(b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to
Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure,
notwithstanding Section 1141 .I1 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing
proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration.
for purposes of this article shall be experienced in construction law, and, upon stipulation of the
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed
exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except
parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to
in the case of arbitration where the arbitrator, for good cause, determines a different division. In no
event shall these fees or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil
Procedure, any party who after receiving an arbitration award requests a trial de novo but does not
obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter,
pay the attorney’s fees of the other party arising out of the trial de novo.
(c) The court may, upon request by any party, order any witnesses to participate in the mediation or
_- with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any
arbitration process.
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed
except as otherwise provided in the contract.
arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court
(b) In any suit filed under Section 201 04.4, the local agency shall pay interest at the legal rate on any
of law.
a Revised 911 1/00 Contract No. FACO2-12 Page 48 of 59 Pages
/" SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP.
4-1.3.1 General, add the following: The Contractor shall provide the Public WorkdGeneral
Services free and safe access to any and all parts of work at any time. Such free and safe access
shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all
elements pertaining to the safety of persons as contained in the State of California, California Code
of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4,
Construction Safety Orders and such other safety regulations as may apply. Contractor shall
furnish Public Works/General Services with such information as may be necessary to keep the
Public WorkdGeneral Services fully informed regarding progress and manner of work and character
of materials. Inspection or testing of the whole or any portion of the work or materials incorporated
in the work shall not relieve Contractor from any obligation to fulfill this Contract.
4-1.4 Test of Materials, delete the phrase, "and a reasonable amount of retesting", from the third
sentence of the first paragraph.
add the following: Except as specified in these Supplemental Provisions, the Agency will bear the
cost of testing of locally produced materials and/or on-site workmanship where the results of such
tests meet or exceed the requirements indicated in the Standard Specifications and the
Supplemental Provisions. The cost of all other tests shall be borne by the Contractor.
At the option of the Public WorkdGeneral Services, the source of supply of each of the materials
shall be approved by the Public WorksIGeneral Services before the delivery is started. All materials
proposed for use may be inspected or tested at any time during their preparation and use. If, after
incorporating such materials into the Work, it is found that sources of supply that have been
approved do not furnish a uniform product, or if the product from any source proves unacceptable at
any time, the Contractor shall furnish approved material from other approved sources. If any product
proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not
incorporated into the work and shall be removed from the project site all at the Contractor's expense.
Compaction tests may be made by the Public WorkdGeneral Services and all costs for tests that
meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may
be made at any place along the work as deemed necessary by the Public Works/General Services.
The costs of any retests made necessary by noncompliance with the specifications shall be borne by
the Contractor.
4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the
satisfactory performance of substituted items. If, in the sole opinion of the Public WorkdGeneral
compatibility with associated items, availability of repair parts and suitability of application the
Services, the substitution is determined to be unsatisfactory in periormance, appearance, durability,
Contractor shall remove the substituted item and replace it with the originally specified item at no
cost to the Agency.
Add the following section:
4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE.
The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the
remove and dispose excess of all materials used to accomplish the Work. Materials shall be
delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be
accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor
/-
_- quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate,
@ Revised 911 1/00 Contract No. FAC02-12 Page 49 of 59 Pages
as consignee, the project name and number, address of delivery and name of consignor and a
description of the material(s) shipped. Prior to storage of any materials which have been shipped to
or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the
Public Works/General Services a copy of lease agreements for each property where such materials
are stored. The lease agreement shall clearly state the term of the lease, the description of
the storage site within the time allowed for the Work. All such storage shall conform to all laws and
materials allowed to be stored and shall provide for the removal of the materials and restoration of
ordinances that may pertain to the materials stored and to preparation of the storage site and the
location of the site on which the materials are stored. Loss, damage or deterioration of all stored
materials shall be the Contractor's responsibility. Conformance to the requirements of this section,
both within and outside the limits of work are a part of the Work. The Public Works/General
during the Work.
Services shall have the right to verify the suitability of materials and their proper storage at any time
SECTION 5 -- UTILITIES
5-1 LOCATION.
Delete the first paragraph and substitute the following: The Agency and affected utility companies
have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature,
size and/or location of utilities indicated on the Plans is not guaranteed.
5-4 RELOCATION.
/c- Add the following: In conformance with section 5-6 the Contractor shall coordinate the work with
utility agencies and companies. Prior to the installation of any and all utility structures within the limits
of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb
and gutter that is a part of the work and adjacent to the location where such utility structures are
shown on the plans and are noted as being located, relocated or are otherwise shown as installed by
others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate
utilities that interfere with the construction, the Contractor, upon the Public WorkdGeneral Services's
temporary omission is approved by the Public WorkdGeneral Services the Contractor shall place
approval, may be permitted to temporarily omit the portion of work affected by the utility. If such
survey or other physical control markers sufficient to locate the curb or curb and gutter to the
satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's
convenience and no additional compensation will be allowed therefor or for additional work, materials
or delay associated with the temporary omission. The portion thus omitted shall be constructed by
the Contractor immediately following the relocation of the utility involved unless otherwise directed by
the Public Works/General Services.
SECTION 6 -- PROSECUTION, PROGRESS AND
ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.
Delete section 6-1 and substitute the following: Except as otherwise provided herein and unless
" otherwise prohibited by permits from other agencies as may be required by law the Contractor shall
begin work within lo calendar days after receipt of the "Notice to Proceed".
a Revised 9/11/00 Contract No. FAC02-12 Page 50 of 59 Pages
.- Add the following section:
6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Public
WorksIGeneral Services will set the time and location for the Preconstruction Meeting. Attendance of
the Contractor’s management personnel responsible for the management, administration, and
execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to
grounds for default by Contractor per section 6-4. No separate payment will be made for the
have the Contractor’s responsible project personnel attend the Preconstruction Meeting will be
Contractor’s attendance at the meeting. The notice to proceed will only be issued on or after the
completion of the preconstruction meeting.
Add the following section:
6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of section 2-5.3. The submittal of the Baseline
Construction Schedule shall include each item and element of sections 6-1.2 through 6-1.2.9 and
shall be on hard (paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media.
Add the following section:
6-1.2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall
prepare and submit to the Public Works/General Services a tabular listing of all of the activities,
showing for each activity the identification number, the description, the duration, the early start, the early finish, the late start, the late finish, the total float, and all predecessor and successor activities
for the activity described.
Add the following section:
6-1.2.5 Schedule Activities. Except for submittal activities, activity durations shall not be shorter
the Public WorksIGeneral Services. The Baseline Construction Schedule shall include activities,
such as, interfaces between utility companies and other agencies, project milestones and equipment
WorkdGeneral Services, to communicate the Contractor’s plan for project execution, to accurately
and material deliveries. The number of activities will be sufficient, in the judgment of the Public
describe the project work, and to allow monitoring and evaluation of progress and of time impacts.
Each activity‘s description shall accurately define the work planned for the activity and each activity
shall have recognizable beginning and end points.
Add the following section:
to whatever party or contingency first exhausts it.
6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensation
Add the following section:
6-1.2.7 Restralnts to Activities. Any submittals, utility interfaces, or any furnishing of Agency
supplied materials, equipment, or services, which may impact any activity’s construction shall be
shown as a restraint to those activities. Time periods to accommodate the review and correction of
submittals shall be included in the schedule.
Add the following section:
6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer
than the specified contract duration will not be acceptable and will be grounds for determination of
default by Contractor, per section 6-4.
Add the following section:
6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor’s plan to
support and maintain the project for the entire contractual time span of the project. Should the
Contractor propose a project duration shorter than contract duration, a complete Baseline
” than 1 working day nor longer than 15 working days, unless specifically and individually allowed by
/“
a Revised 911 1/00 Contract No. FACO2-12 Page 51 of 59 Pages
”~ Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of section 6-1. The Public WorkdGeneral Services may choose to accept the Contractor’s proposal of a project duration shorter than the duration specified; provided
the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency
and all other entities, public and private, which interface with the project are able to support the
shortened duration project will be confirmed through the execution of a contract change order
provisions of the shortened Baseline Construction Schedule. The Agency’s acceptance of a
damages in accordance with the revised duration.
revising the project duration and implementing all contractual requirements including liquidated
Add the following section:
6-1.2.10 Public WorkdGeneral Services Review. The Construction Schedule is subject to the
review of the Public WorkdGeneral Services. The Public WorkdGeneral Services determination that
the Baseline Construction Schedule proposed by the Contractor complies with the requirements of
these supplemental provisions shall be a condition precedent to issuance of the Notice to Proceed by
the Public WorkdGeneral Services. If the Public WorkdGeneral Services determines that the
Construction Schedule does not meet the requirements of these specifications the Contractor shall
correct the Construction Schedule to meet these specifications and resubmit it to the Public
Works/General Services. Failure of the Contractor to obtain the Public Works/General Services
determination that the initial Construction Schedule proposed by the Contractor complies with the
requirements of these supplemental provisions within thirty (30) working days after the date of the
preconstruction meeting shall be grounds for termination of the contract per section 6-4. Days used
by the Public WorkdGeneral Services to review the initial Construction Schedule will not be included
in the 30 working days.
,- The Public WorkdGeneral Services will review and return to the Contractor, with any comments, the
Baseline Construction Schedule within 15 working days of submittal. The Baseline Construction
Schedule will be returned marked as per sections 6-1.2.10.1 through 6-1.2.10.3.
Add the following section:
6-1.2.10.1 “Accepted.” The Contractor may proceed with the project work upon issuance of the
Notice to Proceed, and will receive payment for the schedule in accordance with section 6-1.8.1.
Add the following section:
6-1.2.10.2 “Accepted with Comments.” The Contractor may proceed with the project work upon
issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the
comments prior to receipt of payment per section 6-1.8.1.
Add the following section:
6-1.2.10.3 “Not Accepted.” The Contractor must resubmit the schedule incorporating the
corrections and changes of the comments prior to receipt of payment per section 6-1.8.1. The Notice
to Proceed will not be issued by the Public Works/General Services if the changes of the comments
are not submitted as required hereinbefore and marked “Accepted or “Accepted with Comments” by the Public WorkdGeneral Services. The Contractor, at the sole option of the Public Works/General
Services, may be considered as having defaulted the contract under the provisions of section 6-4
DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbefore and marked “Accepted” by the Public Works/General Services.
Add the following section:
schedule status and shall submit monthly updates of the Baseline Construction Schedule confirming
Public Works/General Services during the last week of each month to agree upon each activity’s
the agreements no later than the fifth working day of the following month. The monthly update will be
/- 6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the
@ Revised 9/11/00 Contract No. FACO2-12 Page 52 of 59 Pages
r
”
submitted on hard (paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media
per the submittal requirements of section 2-5.3 and will include each item and element of sections 6- 1.2 through 6-1.2.9 and 6-1.3.1 through 6-1.3.7.
Add the following section:
6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed during
the month. After first reporting an actual date, the Contractor shall not change that actual date in later updates without specific notification to the Public WorkdGeneral Services with the update.
Add the following section:
6-1.3.2 Activity Percent Complete. For each activity undeway at the end of the month, the
Contractor shall report the percentage determined by the Public WorkdGeneral Services as
complete for the activity.
Add the following section:
6-1.3.3 Electronic Media. The schedule data disk shall be a 89 mm (3’12”) high density diskette,
schedule data disk. The schedule data disk shall be readable by the software specified in section 6-
labelled with the project name and number, the Contractor’s name and the date of preparation of the
would impede full access of all data stored on it.
1.2.4 ”Schedule Software” and shall be free of file locking, encryption or any other protocol that
Add the following section:
6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting logic,
with an explanation for each change.
Add the following section:
6-1.3.5 Change Orders, Each monthly update will include the addition of the network revisions
reflecting the change orders approved in the previous month. The network revisions will be as
agreed upon during the review and acceptance of the Contractor’s change orders.
Add the following section:
6-1.4 Public WorkdGeneral Services Review of Updated Construction Schedule. The Public WorkdGeneral Services will review and return the Updated Construction Schedule to the Contractor,
with any comments, within 5 working days of submittal. The Updated Construction Schedule will be
returned marked as per sections 6-1.4.1 through 6-1.4.3. Any Updated Construction Schedule
marked “Accepted with Comments’’ or “Not Accepted by the Public WorkdGeneral Services will be
returned to the Contractor for correction. Upon resubmittal the Public WorkdGeneral Services will
comments, within 5 working days. Failure of the Contractor to submit a monthly updated
review and return the resubmitted Updated Construction Schedule to the Contractor, with any
construction schedule will invoke the same consequences as the Public WorkdGeneral Services
returning a monthly updated construction schedule marked “Not Accepted.
Add the following section:
6-1.4.1 “Accepted.” The Contractor may proceed with the project work, and will receive payment for the schedule in accordance with section 6-1 B.2.
Add the following section:
6-1.4.2 “Accepted with Comments.” The Contractor may proceed with the project work. The
Contractor must resubmit the Updated Construction Schedule to the Public Works/General Services
incorporating the corrections and changes noted in the Public WorkdGeneral Services’s comments
prior to receipt of payment per section 6-1 B.2.
@ Revised 9/11/00 Contract No. FAC02-12 Page 53 of 59 Pages
F"
Add the following section:
6-1.4.3 "Not Accepted." The Contractor must resubmit the Updated Construction Schedule to the
Public WorksJGeneral Services incorporating the corrections and changes noted in the Public
Works/General Services comments prior to receipt of payment per section 6-1.8.2. The Contractor,
at the sole option of the Public Works/General Services, may be considered as having defaulted the
contract under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the
comments are not submitted and marked "Accepted by the Public WorksJGeneral Services before
the last day of the month in which the Updated Construction Schedule is due. If the Contractor fails
to submit the corrected Updated Construction Schedule as required herein the Contractor may elect
to proceed with the project at its own risk. Should the Contractor elect not to proceed with the
project, any resulting delay, impact, or disruption to the project will be the Contractor's responsibility.
Add the following section:
6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion
or contractually required milestone date later than the properly adjusted contract or milestone
duration, the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent "Accepted Schedule Update remove all or a portion of the delay, all or the allocated
portion of the previously held Liquidated Damages shall be released in the monthly payment to the
Contractor immediately following the "Accepted schedule.
Add the following section:
6-1.6 Interim Revisions. Should the actual or projected progress of the work become
substantially different from that depicted in the Project Schedule, independently of and prior to the
and explanation of each change made to the schedule. The Revised Construction Schedule will be next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list
acceptance requirements of section 6-1, including but not limited to the acceptance and payment
provisions. As used in this subsection "substantially different" means a time variance greater than 5
percent of the number of days of duration for the project.
Add the following section:
6-1. 7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update
when one hundred percent of the construction work is completed. The Contractor's Final Schedule
Update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed per sections 6-1.3 Preparation of Schedule Updates and Revisions and
6-1. 4 Public WorksJGeneral Services Review of Updated Construction Schedule. Acceptance of
the final schedule update is required for completion of the project and release of any and all funds
retained per section 9-3.2.
Add the following section:
6-1.1 Measurement And Payment Of Construction Schedule. The Contractor's preparation,
payment will be made therefor.
revision and maintenance of the Construction Schedule are incidental to the work and no separate
." submitted per the submittal requirements of section 2-5.3 and per the schedule review and
.. -
6-2 PROSECUTION OF WORK.
Add the following section:
6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and
materials, and performing all operations necessary to complete the Project Work as shown on the
Project Plans and as specified in the Specifications. The work includes removing existing pool
fiberglass and plaster and replacing it with a new plaster finish at the Carlsbad Swim Complex.
a Revised 9/11/00 Contract No. FAC02-12 Page 54 of 59 Pages
/”
Add the following section:
6-2.3 Project Meetings. The Public Works/General Services will establish the time and location of
bi-weekly Project Meetings. Each Project Meeting shall be attended by the Contractor’s
Representative. The Project Representative shall be the individual determined under section 7-6,
‘The Contractor’s Representative”, SSPWC. No separate payment for attendance of the Contractor, the Contractor’s Representative or any other employee or subcontractor or subcontractor’s employee
at these meetings will be made.
6-6 DELAYS AND EXTENSIONS OF TIME.
6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written notice
to the Public WorkdGeneral Services within two hours of the beginning of any period that the
Contractor has placed any workers or equipment on standby for any reason that the Contractor has
determined to be caused by the Agency or by any organization that the Agency may otherwise be
obligated by. The Contractor shall provide continuing daily written notice to the Public Works/General Services, each working day, throughout the duration of such period of delay. The initial and
continuing written notices shall include the classification of each workman and supervisor and the
standby, the Contractor’s opinion of the cause of the delay and a cogent explanation of why the
make and model of each piece of equipment placed on standby, the cumulative duration of the
Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the
notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not
submit any claim(s) therefor.
6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work
to completion within 30 working days after the starting date specified in the Notice to Proceed.
6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Public
Works/General Services, the hours of work shall be between the hours of 7:OO a.m. and 4:OO p.m. on
Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written
approval of the Public Works/General Services if the Contractor desires to work outside said hours or
at any time during weekends and/or holidays. This written permission must be obtained at least 48
and/or days stated herein when, in hislher sole opinion, such work conducted by the Contractor is
hours prior to such work The Public Works/General Services may approve work outside the hours
beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such
work.
6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following:
The Public Works/General Services will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the
Contractor and the Public WorkdGeneral Services is satisfied that all the materials and
workmanship, and all other features of the Work, meet the requirements of all of the specifications
for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not
constitute acceptance of the Work. If, in the Public Works/General Services judgment, the Work
has been completed and is ready for acceptance the Public WorkdGeneral Services will so certify to the Board. Upon such certification by the Public Works/General Services the Board may accept
the completed Work. Upon the Board’s acceptance of the Work the Public Works/General Services
will cause a “Notice of Completion” to be filed in the office of the San Diego County Recorder. The
date of recordation shall be the date of completion of the Work.
,- Delete the first sentence of the third paragraph and substitute the following two sentences: All work
shall be warranted for one (I) year after recordation of the “Notice of Completion” and any faulty
work or materials discovered during the warranty period shall be repaired or replaced by the
Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as
a Revised 911 1/00 Contract No. FAC02-12 Page 55 of 59 Pages
,." a warranty bond for the one year warranty period.
6-9 LIQUIDATED DAMAGES.
Modify the last sentence of the first paragraph and the first sentence of the second paragraph and
add the following: For each consecutive calendar day in excess of the time specified for completion
of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld
monies due it, the sum of FIVE HUNDRED DOLLARS ($500.00).
Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per
day is the minimum value of costs and actual damages caused by the Contractor to complete the
Work within the allotted time. Any progress payments made after the specified completion date shall
not constitute a waiver of this paragraph or of any damages.
SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR
7-3 LIABILITY INSURANCE.
Modify as follows: All insurance is to be placed with insurers that have a rating in Best's Key Rating
Guide of at least A-:V and are admitted and authorized to conduct business in the state of California
and are listed in the official publication of the Department of Insurance of the State of California.
7-4 WORKERS' COMPENSATION INSURANCE.
Add the following: All insurance is to be placed with insurers that are admitted and authorized to
conduct business in the state of California and are listed in the official publication of the Department
of Insurance of the State of California. Policies issued by the State Compensation Fund meet the
requirement for workers' compensation insurance.
r
7-5 PERMITS.
Delete the first sentence and add the following four sentences: Except as specified herein the
agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, resource agency and building permits necessary to perform work for this contract on Agency property, in
streets, highways (except State highway right-of-way), railways or other rights-of-way. Contractor
shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain
and pay for all permits for the disposal of all materials removed from the project. The cost of said
permit(s) shall be included in the price bid for the appropriate bid item and no additional
compensation will be allowed therefor.
7-7 COOPERATION AND COLLATERAL WORK.
Add the following section:
7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies
during the relocation or construction of their lines. The Contractor may be granted a time extension
if, in the opinion of the Public Works/General Services, a delay is caused by the utility company. No
additional compensation will be made to the Contractor for any such delay. - 7-8 PROJECT SITE MAINTENANCE.
7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the
a Revised 9/11/00 Contract No. FACO2-12 Page 56 of 59 Pages
c- control throughout the duration of the Contract. The Public WorkdGeneral Services may require
health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust
increased levels of cleanup and dust control that, in hidher sole discretion, are necessary to
preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered
incidental to the items of work that they are associated with and no additional payment will be made
therefor.
7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a
testing and all other work requiring water related to this contract. The Contractor shall contact the
construction meter for water used for the construction, plant establishment, maintenance, cleanup,
appropriate water agency for requirements. The Contractor shall pay all costs of temporary light,
power and water including hookup, service, meter and any, and all, other charges, deposits and/or
fees therefor. Said costs shall be considered incidental to the items of work that they are associated
with and no additional payment will be made therefor.
7-8.6 Water Pollution Control. .Add the following The Contractor shall comply with all
requirements of the storm water pollution and monitoring plan prepared for this project in accordance
with the California State Water Resources Control Board order number 92-08-DWQ NPDES General Permit number CAS000002 and the Water Discharge Requirement for Discharges of Storm
Water Runoff Associated with Construction Activity"
7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped
Add the following section:
with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48.
,,r-
7-10 PUBLIC CONVENIENCE AND SAFETY.
Add the following section:
7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary
precautions for the safety of employees on the work and shall comply with all applicable provisions of
on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect
Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons
and properly maintain at all times, as required by the conditions and progress of the work, all
necessary safeguards for the protection of workers and public, and shall use danger signs warning
against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials.
7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work
include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible
would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions
materials, such as borrow pits or gravel beds, for use in the proposed construction project which
the contract.
established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of
Revised 911 1/00 Contract No. FAC02-12 Page 57 of 59 Pages
I” SECTION 9 -- MEASUREMENT and PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK
the US. Standard Measures.
9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall be
9-3 PAYMENT.
9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall
Completion” not be affected by any payment but shall commence on the date of recordation of the “Notice of
9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following:
Each month, the Public WorksIGeneral Services will make an approximate measurement of the
work performed to the closure date as basis for making monthly progress payments. The estimated
value will be based on contract unit prices, completed change order work and as provided for in
Section 9-2 of the Standard Specifications (SSPWC). Progress payments shall be made no later
than thirty (30) calendar days after the closure date. Five (5) working days following the closure
date, the Public Works/General Services shall complete the detailed progress pay estimate and
submit it to the Contractor for the Contractor’s information. Should the Contractor assert that
additional payment is due, the Contractor shall within ten (IO) days of receipt of the progress
estimate, submit a supplemental payment request to the Public WorkdGeneral Services with
adequate justification supporting the amount of supplemental payment request. Upon receipt of the
supplemental payment request, the Public WorkdGeneral Services shall, as soon as practicable
after receipt, determine whether the supplemental payment request is a proper payment request. If
the Public WorkdGeneral Services determines that the supplemental payment request is not
proper, then the request shall be returned to the Contractor as soon as practicable, but not later
than seven (7) days after receipt. The returned request shall be accompanied by a document
setting forth in writing the reasons why the supplemental payment request was not proper. In
conformance with Public Contract Code Section 20104.50, the City shall make payments within
thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request
from the Contractor. If payment of the undisputed supplemental payment request is not made within
thirty (30) days after receipt by the Public Works/General Services, then the City shall pay interest to
the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.01 0 of the Code
of Civil Procedure.
Add paragraph 6 et seq. as follows: After final inspection, the Public WorkdGeneral Services will
writing and shall be for the total amount owed the Contractor as determined by the Public
make a Final Payment Estimate and process a corresponding payment. This estimate will be in
WorkdGeneral Services and shall be itemized by the contract bid item and change order item with
quantities and payment amounts and shall show all deductions made or to be made for prior
payments and amounts to be deducted under provisions of the contract. All prior estimates and
progress payments shall be subject to correction in the Final Payment Estimate.
The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make
written statement disputing any bid item or change order item quantity or payment amount. The
Contractor shall provide all documentation at the time of submitting the statement supporting its
position. Should the Contractor fail to submit the statement and supporting documentation within the
time specified, the Contractor acknowledges that full and final payment has been made for all
/-
,“- contract bid items and change order items.
If the Contractor submits a written statement with documentation in the aforementioned time, the
Public WorkdGeneral Services will review the disputed item within 30 calendar days and make any
@ Revised 9/11/00 Contract No. FAC02-12 Page 58 of 59 Pages
appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not
approved by the Public WorksIGeneral Services will be subject to resolution as specified in
subsection 3-5, Disputed Work.
The written statement filed by the Contractor shall be in sufficient detail to enable the Public
WorkdGeneral Services to ascertain the basis and amount of said disputed items. The Public
WorksIGeneral Services will consider the merits of the Contractor’s claims. It will be the responsibility
of the Contractor to furnish within a reasonable time such further information and details as may be
required by the Public WorkdGeneral Services to determine the facts or contentions involved in its
claims. Failure to submit such information and details will be sufficient cause for denying payment
for the disputed items.
9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in
the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted
in a written statement by the Contractor no later than the date of receipt of the final payment
estimate. Those final payment items disputed in the written statement required in subsection 9-3.2
shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be
written notice or protest is required under any provision of this contract including sections 3-4
considered that was not included in this written statement, nor will any claim be allowed for which
Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written
Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with
notice or protest requirements.
The claims filed by the Contractor shall be in sufficient detail to enable the Public WorkdGeneral
consider and determine the Contractor’s claims and it will be the responsibility of the Contractor to
Services to ascertain the basis and amount of said claims. The Public WorksIGeneral Services will
furnish within a reasonable time such further information and details as may be required by the
Public WorkdGeneral Services to determine the facts or contentions involved in its claims. Failure to
submit such information and details will be sufficient cause for denying the claims.
Payment for claims shall be processed within 30 calendar days of their resolution for those claims
approved by the Public WorkdGeneral Services. The Contractor shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those claims remaining in dispute.
Add the following section:
9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be included in the various items of work and no other payment will be made.
a Revised 911 1/00 Contract NO. FACO2-12 Page 59 of 59 Pages
CITY OF CARLSBAD
CARLSBAD AQUATIC CENTER
3401 MONROE STREET
CARLSBAD, CALIFORNIA
PROJECT MANUAL
DECEMBER 2001
PREPARED BY
AQUATIC DESIGN GROW, INC.
1950 KELLOGG AVENUE
CAFUSBAD, CALIFORNIA 92008
TEL 760-438-8400 FAX 760-438-5251
TABLE OF CONTENTS
CONSTRUCTION SPECIFICATIONS
CARLSBAD AQUATIC CENTER
INTRODUCTORY INFORMATION
0000 1 Project Title Page
0001 0 Table of Contents
BIDDING REQ.S, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT
TECHNICAL SPECIFICATIONS
DMSION 1 - GENERAL REQUIREMENTS
01110 Summary of Work
01230
01330
Alternates
Submittals and Substitutions
01770 Closeout Procedures
DMSION 2 - SITE CONSTRUCTION
,r
No Sections Listed
DIVISION 3 - CONCRETE
No Sections Listed
DMSION 4 - MASONRY
No Sections Listed
DMSION 5 - METALS
No Sections Listed
DIVISION 6 - WOOD AND PLASTICS
No Sections Listed
DIVISION 7 - THERMAL AND MOISTURE PROTECTION
No Sections Listed
/"
/" DIVISION 8 -DOORS AND WINDOWS
No Sections Listed
DIVISION 9 - FINISHES
No Sections Listed
DIVISION 10 -SPECIALTIES
No Sections Listed
DIVISION 11 -EQUIPMENT
No Sections Listed
DIVISION 12 - FURNISHINGS
No Sections Listed
DIVISION 13 - SPECIAL CONSTRUCTION
," 13154 Swimming Pool Ceramic Tile
13155 Swimming Pool Plaster
DIVISION 14 - CONVEYING SYSTEMS
No Sections Listed
DIVISION 15 -MECHANICAL
No Sections Listed
DIVISION 16 -ELECTRICAL
No Sections Listed
DIVISION 1
SECTION01110 7
SUMMARY OF WORK
PAGE 1 OF 3
SECTION 01110 - SUMMARY OF WORK
PART 1 - GENERAL
1.01 The General Conditions apply to all work of this Section.
1.02 DESCRIPTION
A. Section Includes:
1. Description ofthe Work (refer to 1.03).
2. Duties of the Contractor (refer to 1.04).
3. Owner-fumished productditems (refer to 1.06).
4. Permits and fees (refer to 1.06).
5. Layout ofwork (refer to 1.07).
/I
1.03 WORK COVERED BY CONTRACT DOCUMENTS
.-
A. The work is that of limited demolition and replaster of the existing pool. Project is
located at 3401 Monroe Street, Carlsbad, California.
B. Work of this contract generally consists of limited demolition and replaster of the
existing pool and such other items not mentioned that are required by the Contract
Documents, law and governmental codes and regulations.
C. For convenience, the Specifications are divided into sections as set forth in the
Table of Contents, but such semeeation shall not be considered as limiting the work
of anv subcontract or trade, and the Owner will not be responsible for any division
of work by subcontracts. Unless otherwise provided, the Contractor shall be solely
responsible for all subcontract arrangements of work regardless of the locations of
provisions in the Specifications.
D. Compensation for bid items not specifically identified in these Special Provisions
shall include all labor, materials, tools, equipment, safety measures, and supervision
required to complete the work to grades and dimensions shown on the plans or
staked in the field. There shall be no compensation except for bid items specified in
the Bidder's Proposal. The cost of all work in the Contract Documents not
specifically identified as a bid item or described within a bid item shall be included
in related bid items, and no additional compensation shall become due the
CARLSBAD AQUATIC CENTER 12/ZOOI
DIVISION 1
SECTION 01 110 /"-
SUMMARY OF WORK
PAGE 2 OF 3
Contractor by nature of compliance with the Contract Documents except as
provided for in the General Conditions of the Contract for Construction, under
"Changes in the Work."
1.04 CONTRACTOR DUTIES
A. Construct the work under a single prime contract in strict conformity with the
Contract Documents.
B. Accept the site and the character of the work as they exist on the first day of work
under this Contract.
C. Coordinate work of employees and subcontractors.
D. Expedite the work to assure compliance with schedules.
E. Coordinate the work with that of other contractors and work done by the Owner.
P
F. Comply with orders and ins!mctions of the Owner's Representative.
1.05 CONTRACTOR FURNISHED PRODUCTS
A. Contractor Resoonsibilities:
1. Designate needed submittals and delivery date for each product in progress
schedule. Coordinate deliveries with Owner's Representative.
2. Receive product(s) at site. Store until incorporated into the work.
3. Inspect deliveries jointly with Owner's Representative, record shortages and
damaged or defective items.
4. Protect product(s) from damage, theft and fiom exposure to the elements.
5. Assemble, install, connect, adjust and/or finish product(s) as required under
provisions of the Contract Documents.
6. Repair or replace products damaged or stolen subsequent to receipt, at no
cost to the Owner.
,- 1.06 PERMITS AND FEES
12/2001 CARLSBAD AQUATIC CEmR
DIVISION 1
SECTION 01 110 r
SUMMARY OF WORK
PAGE 3 OF 3
A. The Contractor shall obtain and pay for all permits, fees and licenses required by all
government agencies and necessary for successful completion of the work. The
Contractor shall maintain copies of all required permits on site and shall, upon
request, furnish the Owner with copies thereof.
1.07 LAYOUT OF WORK
A. Field surveys for control of all grading and construction shall be the responsibility of
the Contractor. All such surveys, including construction staking, shall be under the
supervision of a California licensed surveyor or civil engineer. Staking shall be
performed on all items ordinarily requiring grade and alignment at intervals
normally accepted by the agencies and trades involved. Payment for construction
survey staking shall be considered as included in the various items of work and no
additional allowance will be made thereof. Bench marks shall be provided by the
Owner as shown on Drawings.
PART 2 - PRODUCTS
NOT USED r
PART 3 - EXECUTION
NOT USED
END OF SECTION
12/2001 CARLSBAD AQUATIC CENTER
DMSION 1
SECTION 01 230 ,"
ALTERNATIVES
PAGE 1 OF 2
r-
SECTION 01230 -ALTERNATIVES
PART 1 - GENERAL
1.01 DESCRIPTION
A. Section Includes: To allow the Owner to compare total costs where alternate
materials and methods might be used, and to enable the Owner's decision
awarding the Contract for Construction, certain alternatives have been established as
described in this Section of the Specifications.
1.02 SUBMITTALS
A. Limit of Alternatives:
1. Do not submit alternatives other than those described in this Section of these
Specifications, except as permitted under Section 01330.
2. Submit proposed contract sums reflecting all alternatives as required on the
Bidder's Proposal Form.
3. The Owner reserves the right to accept or reject any or all proposals for such
alternatives. Contractor shall furnish itemized prices for each alternative
item, which if accepted will be used in establishing the Contract Sum.
B. Other Submittals:
1. Normal submittals for the various items are described in pertinent Sections
of these Specifications.
2. No special submittal for materials or methods for the alternatives is required
other than as described in the pertinent Sections.
1.03 PRODUCT HANDLING
A. If the Owner elects to proceed on the basis of one or more of the alternatives, make
all modifications to the work required in the furnishing and installation of the
selected alternatives to the approval of the Architect and at no additional cost to the
Owner, except as noted on the Bidder's Proposal Form.
,F~
1.04 ALTERNATES
12/200 1 CARLSBAD AQUATIC CENTER
DMSION 1
SECTION01230 /"
ALTERNATIVES
PAGE 2 OF 2
A. Additive Alternate #1: Provide a cost to include integral 'Silicone Shield SlOOw'
plaster with 5-year guarantee. CRS System Inc. 1-800-915-2915.
PART 2 - PRODUCTS
NOT USED
PART 3 - EXECUTION
NOT USED
END OF SECTION
121200 1 CARLSBAD AQUATIC CENTER
DIVISION 1
.-- SECTION01330
SUBMITIALS
PAGE 1 OF 6
SECTION 01330 - SUBMI'ITALS
PART 1 - GENERAL
1.01 DESCRIPTION
A. Section Includes:
1. Submit to the Architect shop drawings, product data and samples required
under the various Sections of these Specifications.
2. Prepare and submit with Construction Schedule, a separate schedule listing
dates for submission and dates reviewed shop drawings, product data and
samples will be needed for each product.
1.02 PRODUCT HANDLING
A. Make all submittals of Shop Drawings, Samples, and requests for substitution in
accordance with the provisions of these Specifications.
r-
PART 2 - PRODUCTS
2.01 SCHEDULE OF SUBMITTALS
A. Compile a complete schedule of all submittals required for the project, complete
with major division and subdivision headings and broken into individual trades.
Format shall be 8-1/2" x 11". The schedule shall be in such a form as to allow for
notations next to each required submittal including, but not necessarily limited to,
submission dates, action taken, approvals and re-submittals. Submit such a schedule
to the Architect for his comments and approval. The approved Schedule of
Submittals shall be kept current at all times and an updated copy shall be kept in the
Project Field Office for review.
2.02 SHOP DRAWINGS AND PRODUCT INFORMATION SUBMI'I"l'ALS
A. Unless otherwise specifically directed by the Architect, make all Shop Drawings
accurately to a scale sufficiently large to show all pertinent features of the item and
its' method of connection and interface to the Work.
"
B. Submit all Shop Drawings in the form of four (4) blueline prints of each Shop
Drawing. In the case of Product Information, submit no less than four (4) copies for
review. Where contents of submitted product information include data not pertinent
to the submittal, clearly indicate which portion is being submitted for review.
CARLSBAD AQUATIC CENTER 12/2001
DIVISION 1
SECTION 01330 r
SUBMITTALS
PAGE 2 OF 6
C. Submittals are required on all items to ensure the latest and most complete
manufacturer's data is available. The Contractor assumes full responsibility for
problems which could have been noted on valid submittals not furnished.
D. In the event that an item or items specified by the Architect will not be available in
time for installation during orderly progress of the Work, so notify the Architect
prior to receipt of bids. Verify that all items specified will be available. Costs of
delays because of non-availability of materials will be back-charged as necessary
and shall not be borne by ,the Owner.
E. Of the four (4) bluelines required, two bluelines will be returned to the Contractor
upon completion of the Architect's review, one will be sent to the Owner and the
other will be kept on file in the Architect's office.
2.03 SAMPLES
A. Unless otherwise specifically directed by the Architect, all Samples shall be
of the precise article proposed to be furnished.
B. Submit all Samples in the quantity which is required to be returned, plus one
(1) which will be retained by the Architect.
2.04 CALCULATIONS
A. Where required, structural calculations shall be performed by a licensed civil or
structural engineer, and shall be sufficient to show the adequacy of all members and
connections to be reviewed.
2.05 COLORS
A. Unless the precise color and pattern is specifically described in the Contract
Documents, whenever a choice of color or pattern is available in a specified product
submit accurate color charts and pattern charts to the Architect for his review and
selection.
B. Unless all available colors and patterns have identical costs and identical wearing
capabilities and are identically suitable for the installation, completely describe the
relative costs and capabilities of each.
r 2.06 MANUALS
12/2001 CARLSBAD AQUATIC CENTER
DIVISION 1
SECTION01330 r
SUBMIrrALS
PAGE 3 OF 6
,"
,,r-
A. Where manuals are required to be submitted upon completion of the installation,
prepare all such manuals in durable plastic binders approximately 8-1/2" x 11" in
size and with at least the following features:
1. Identification readable through the outside of the cover, stating the general
nature of the manual and the project to which it pertains.
2. Neatly typewritten Index near the fiont of the manual, furnishing immediate
information as to location in the manual of all data regarding the
installation.
3. Complete instruction regarding operation and maintenance of all equipment
involved.
4. Complete nomenclature of all replaceable parts, their part numbers, ment
cost and name and address of the Vendors of the parts.
5. Copy of all guarantees and warranties issued on the installation.
6. Copy of the approved Shop Drawings with all data concerning changes
made during construction.
B. Where contents of manuals include manufacturer's catalog, clearly indicate the
precise items included in this installation and delete, or otherwise clearly indicate,
all manufacturer's data with which this installation is not concerned.
C. Unless otherwise specifically directed by the Architect, deliver two (2) copies of the
manual to the Owner and one (I) copy to the Architect.
2.07 RECORD DRAWINGS
A. Where required by the Contract Documents or where changes to the Contract
Documents have been made by change order, revision to clarification drawings, or
where minor changes to the Contract were required because of unforeseen
conditions or as may be required by the Architect, preuare accurate Record
Drawings indicating all pertinent data and dimensions necessary to adequately
describe the contract deviations to the Owner for his future use.
2.08 SUBSTITUTIONS
A. Reference in the Contract Documents to any material, product, or process by name,
make or catalog number shall be interpreted as establishing a standard of quality and
design intent and not construed as prohibiting substitutions of any other such
12/2001 CARLSBAD AQUATIC CENTER
f"
DIVISION 1
SECTION01330
SUBMI'ITALS
PAGE 4 OF 6
,"-
,"
B.
C.
D.
E.
F.
G.
H.
I.
J.
material, product, or process, provided such substitution is specifically approved by
the Architect prior to receipt of bids. Requests for substitutions shall be submitted
no later than ten (10) working days prior to bid date.
Acceptance of substitutions will not relieve the Contractor from responsibility for
complying with the Contract Documents.
At the discretion of the Architect, testing of samples of materials proposed for
substitutions may be required. The testing shall be done by an independent testing
laboratory selected by the Owner, the costs of which shall be borne by the
Contractor.
At the discretion of the Architect, the Contractor may be required to furnish a
written guarantee, in addition to that already required, ensuring the satisfactory
performance of the proposed substitutes.
All additional labor and materials which may be required for the proper installation
of any substitution, or required as a consequence of any substitution, will be
provided at no additional cost to the Owner.
Bids shall be based upon the data given in the Contract Documents, or upon
previously approved items or techniques as "approved equals" by the Architect.
Where calculations or shop drawings are required for approval, allowance shall be
made for meeting the requirements of the Contract Documents and all applicable
codes and ordinances.
Bidders may, in addition, submit separate bids using materials and equipment of
other manufacturers, providing the difference in cost is stated for each item
proposed to be substituted.
Provide to the Architect all infonnation necessary and required to evaluate proposed
substitutions. Do not base bid on the assumptions that a material will be approved
as equal by the Architect unless the item has been specifically approved for this
Work by the Architect prior to the receipt of bids.
The Contractor assumes full responsibility that substituted items or procedures will
meet the job requirements and is responsible for the cost of redesign and of
modifications to this and all other parts of the work caused by substituted items.
Submittals will be checked for general conformance with the design concept of the
project, but acceptance does not guarantee quantities shown and does not supersede
requirements to properly install work. Submittals for proposed alternatives will be
12/2001 CARLSBAD AQUATIC CENTER
DIVISION 1
I- SECTION01330
SUBMITTALS
PAGE 5 OF 6
,.r-
"
judged not only for the acceptability of the items themselves, but of the items as they
are used under the conditions of this particular project.
PART 3 - EXECUTION
3.01 IDENTIFICATION OF SUBMITTALS OR SUBSTITUTIONS
A. Completely identify each submittal and resubmittal by showing at least the
following information:
1. Name and address of entity submitting information, plus name and
telephone number of individual who may be contacted for further
information.
2. Name of project for this Work.
3. Drawing number and Specification Section number to which the submittal
applies.
4. Number of all submittals sequentially, whether this is an original submittal
or a re-submittal, and if a re-submittal, what number re-submittal.
3.02 COORDINATION
A. Prior to submittal for Architect's review:
1. Fully coordinate all submittals by determining and verifying all field
dimensions and conditions, materials, catalog numbers, and similar data.
2. Coordinate as required with all other trades and with all public agencies
involved.
3. Secure all necessary prior approvals and signify by stanp, or other means,
that they have been secured.
4. Clearly indicate all deviations hm Contract Documents.
3.03 TIMING OF SUBMITTALS
A. Make all submittals within thirty (30) days of the date of the award of the contract
for the Work, and far enough in advance of scheduled dates of installation to
provide adequate time for all required reviews, both by the Architect and .his
consultants, for securing necessary approvals, for possible revision and resubmittal,
and for placing of orders and securing delivery. In scheduling, allow a minimum of
12/200 1 CARLSBAD AQUATIC CENTER
DIVISION 1
SECTION 01330 f"
SUBMITTALS
PAGE 6 OF 6
ten (10) 111 working days for the Architect's review. Cost of delays occasioned by
the tardiness of submittals will be back-charged as necessruy.
3.04 ARCHITECT'S REVIEW
A. The Architect's review will be only for conformance with the design concept and
with the information given in the Contract Documents. The Architect's review and
approval of Shop Drawings and Samples shall not relieve the Contractor of
responsibility for deviation from the requirements of the Contract Documents unless
the Contractor has informed the Architect in writing of such deviation at the time of
submittal and the Architect has given written approval to the specific deviation, nor
shall the Architect's approval relieve the Contractor from responsibility for errors
and omissions in the Shop Drawings and Samples. Should the Architect be required
to review any submittal more than three (3) separate times due to the inadequacy of
the submittal and due to no fault of the Architect, the Contractor shall render to the
Architect the Architect's direct cost for review of all subsequent re-submittals.
3.05 COMPLIANCE WITH APPROVALS
/- A. Do not commence any portion of the Work requiring approval of Shop Drawings or
Samples by the Architect until the submittal has been approved by the Architect.
All such portions of the Work shall be in accordance with the approved Shop
Drawings and Samples.
END OF SECTION
12l2001 CARLSBAD AQUATIC CENTER
DIVISION 1
SECTION 01770 /,"
CLOSEOUT PROCEDURES
PAGE I OF 2
"
SECTION 01770 - CLOSEOUT PROCEDURES
PART 1 - GENERAL
1.01 DESCRIPTION
A. Section Includes: The work includes, but is not necessarily limited to, performing
all operations necessary for and properly incidental to closing out the project and
assisting in Owner's final inspection as hereinafter specified.
1.02 FINAL COMPLETION
A. When the Contractor considers the work, or a designated portion of the work
complete, submit written request to Owner's Rmresentative for insuection. By
submittal of request, Contractor certifies that:
1. Contract Documents have been reviewed
2. Work has been completed in accordance with the Contract Documents and
is ready for inspection.
3. Equipment systems have been tested, adjusted, balanced and are fully
operational.
B. Submit request a minimum of five (5) working days in advance of requested
inspection date. Contractor shall be responsible for allowing sufficient time during
contract period to complete inspections and any corrections.
C. Should Ownex's Representative inspection find work incomplete, Owner's
Representative will notify Contractor in writing, listing observed deficiencies.
D. Contractor shall remedy listed deficiencies and send a request for final inspection.
At the Ownds option, a reinspection(s) of the work to identify additional
deficiencies, if any, may be required. Owner's costs associated with reinspection(s)
are subject to provisions of Article 1.04 of this Section.
E. When Owner confirms work is comolete, and close-out submittals as referred to in
Article 1.05 of this Section are provided, Owner's Reuresentative will notify
Contractor of date of completion in writing.
/" 1.03 REINSPECTIONS
12/2001 CARLSBAD AQUATIC CENTER
DIVISION 1
SECTION 01770
I*
CLOSEOUT PROCEDURES
PAGE 2 OF 2
A. Should status of completion of work require reinspection(s) by Owner due to failure
of work to comply with Contractor's claims on initial inspection, Owner may deduct
the amount of compensation for reinspection services fiom final pavment to
Contractor. Observed deficiencies in excess of ten (10) will be reason for
reinspection.
B. Inspections initiated at the request of the Owner will not be subject to the provisions
of this Article.
1.04 CLOSE-OUT SUBMITTALS
A. Project Record Documents
B. Operation and Maintenance Data
C. Warranties and Guarantees
"
D. Spare Parts and Maintenance Materials
E. Evidence of Payment and Lien Releases along with a list of all subcontractors which
contributed labor or materials to the project.
F. Other data and materials as may be required in individual Sections of the
Specifications.
1.05 APPLICATION FOR FINAL PAYMENT
A. Submit application for final payment in accordance with provisions of the Contract
for Construction.
PART 2 - PRODUCTS
NOT USED
PART 3 - EXECUTION
NOT USED
END OF SECTION
12/2001 CARLSBAD AQUATIC CENTER
DIVISION 13
_” SECTION 13154
SWIMMING POOL CERAMIC TILE
PAGE 1 OF 6
SECTION 13154 -SWIMMING POOL CERAMIC TILE
PART 1 - GENERAL
1.01 The General Conditions apply to all work of this Section
1.02 WORK INCLUDED
A. Furnish and install all swimming pool ceramic tile detailed on the Drawings,
including, but not limited to, the following:
1. Waterline Face Tile (deep gutter pool).
2. Gutter Cap Tile (deep gutter pool).
3. Lane Line / Target Tile.
4. Trim Tile (at underwater steps).
,/“
1.03 QUALITY ASSURANCE
A. All Work of this Section shall be performed or supervised by the Swimming Pool
Subcontractor.
B.
I-
1. The contractor / subcontractor for this portion of the Work shall have been
successfully engaged in the respective trade for at least five (5) years
immediately prior to commencement of this work, and shall demonstrate to
the approval of the Owner’s Representative that his record of workmanship
is satisfactory.
2. For actual construction operations, use only thomughly trained and
experienced workers completely familiar with the materials and methods
specified.
3. Provide at least one person who shall be present at all times during
execution of this portion of the Work and who shall be thoroughly familiar
with the type of materials being installed, the referenced standards, and the
requirements of this Work, and who shall direct all Work performed under
this Section.
12/2001 CARLSBAD AQUATIC CENTER
DMSION 13
SECTION 13154 /"
SWIMMING POOL CERAMIC TILE
PAGE 2 OF 6
/"
C. Stadauk In addition to complying with all pertinent codes and regulations:
1, Manufacture of all tile shall be in accordance with ANSI A-137.1-1976.
2. Install ceramic tile in accordance with the recommendations contained in
2000 Handbook for Ceramic Tile Installation of the Tile Council of
America, Inc.
D. Tolerances: Install all swimming pool ceramic tile straight, true, plumb and
square within a tolerance horizontally of one in 200 and a tolerance vertically of
one in 500. Waterline and gutter bullnose tile shall be level to 118'' (+/- 1/16")
around entire perimeter of swimming pool(s).
1.04 SUBMIPALS AND SUBSTITUTIONS
A. Provide submittals in accordance with the requirements of Section 01330.
B. Samples: Submit five (5) samples of each color and pattern in the specified
groups. Character samples can be representative for review prior to screening of
actual tile.
C. Master Grade Certificate: Prior to opening ceramic tile containers, submit a
Master Grade Certificate, signed by the manufacturer of the tile used and issued
when the shipment is made, stating the grade, kind of tile, identification marks for
the tile containers, and the name and location of the Project.
D. Specifications: Submit five (5) copies of manufacturer's recommended
installation specifications for this Work.
1 .OS PRODUCT HANDLING
A. Delivery: Deliver all materials to the Project Site in the manufacturer's original
unopened containers with all labels intact and legible.
B. Storage: Store all materials under cover in a manner to prevent damage and
contamination, and store only the specified materials at the Project site.
C. Protection: Use all means necessary to protect swimming pool ceramic tile
before, during and after installation and to protect the installed Work of all other
trades.
D. Replacements: In the event of damage, immediately make all repairs and
replacements necessary to the approval of the Owner's Representative.
12/2001 CARLSBAD AQUATIC CENTER
DIVISION 13
SECTION 13154 /"
r
.c-
PART 2 - PRODUCTS
2.01 TILE
SWIMMING POOL CERAMIC TILE
PAGE 3 OF 6
A. Face Tik (Replace any damaged)
1. Material: All waterline face tile shall be glazed ceramic tile (Group I11 standard)
as manufactured by Dal-Tile or approved equal.
2. Size: 6 x 6 inches.
3. Color: Dal-Tile #D-129, 'Sky Blue'. (match existing)
B. (Replace any damaged)
1. Material: All gutter cap tile shall be glazed ceramic tile (Group III standard) as
manufactured by Dal-Tile or approved equal.
2. Size: 2-1/2 x 6 inches (#A-7250).
3. Color: Dal-Tile #D-129, 'Sky Blue'. (match existing)
C. -: (Replace any damaged)
1. Material: Group 3 quality, frost proof unglazed ceramic mosaic tile with
absorption rate of less than 1 % as manufactured by Dal-Tile or approved
equal.
2. Size: 2 x 2 inches. (match existing)
3. Color: Dal-Tile #D-3 1 1, ' Ebony' in 25 yard direction; Dal-Tile #D-023,
'Cobalt Blue' in 25 meter direction. (Field verify and match existing)
D. Eim Tile, TV (Replace any damaged)
1. Material: Group 3 quality, frost proof unglazed ceramic mosaic tile with
absorption rate of less than 1% as manufactured by Dal-Tile or approved
equal.
2. Size: 2 x 2 inches.
3. Color: Dal-Tile. (match existing)
12/2001 CARLSBAD AQUATIC CENTER
DIVISION 13
SECTION 13154 /”
SWIMMING POOL CERAMIC TILE
PAGE 4 OF 6
2.02 MORTAR
A. Sand for Mortar: Comply with requirements of fine aggregate for concrete.
B. Cement: Type I Portland Cement, conforming to ASTM C150.
C. Hydrated Lime: Conforming to ASTM C206 or 207, Type S.
D. Water: From a potable source.
2.03 GROUT
A. All tile grout shall be waterproof grout complying with the recommendations of
referenced standards. Grout color shall be grey for dark backgrounds, white for
light backgrounds (verify colors with Architect).
2.04 OTHER MATERIALS
A. All other materials, not specifically described but required for a complete and
proper installation of ceramic tile as indicated on the Drawings, shall be new, first
quality of their respective kinds, and subject to the approval of the Owner’s
Representative.
PART 3 - EXECUTION
3.01 SURFACE CONDITIONS
A. Inqxtb~
1. Prior to all Work of this Section, carellly inspect the installed Work of
other trades and verify that all such Work is complete to the point where
this installation may properly commence.
2. Verify that ceramic tile can be installed in accordance with the original
design and all referenced standards.
B.
/“
1. In the event of discrepancy, immediately notify the Owner’s
Representative.
2. Do not proceed with installation in areas of discrepancy until all such
12/200 I CARLSBAD AQUATIC CENTER
DIVISION 13
,." SECTION 13154
SWIMMING POOL CERAMIC TILE
PAGE 5 OF 6
_."
discrepancies have been fully resolved.
3. Failure to notify the Owner's Representative and give written notice of
discrepancies shall constitute acceptance by the Contractor of existing
conditions as fit and proper to receive its Work.
3.02 INSTALLATION
1. Install all ceramic tile in strict accordance with installation method
P601-90 of the 2000 Handbook for Ceramic Tile Installation of the Tile
Council of America, Inc.
2. Be certain to install all ceramic tile perfectly level, flush, plumb, and to the
finish grades and elevations indicated on the Drawings.
1. Carefully establish and follow the required horizontal and vertical
elevations to insure proper and adequate space for the work and materials
of other trades.
2. Coordinate and cooperate as required with other trades to insure proper
and adequate interface of ceramic tile Work with the Work of other trades.
3.03 GROUTING
A. Follow grout manufacturer's recommendations as to grouting procedures and
precautions.
B. Remove all grout haze, observing grout manufacturer's recommendations as to use
of acid and chemical cleaners.
3.04 CLEAN-UP
A. Upon completion of the swimming pool ceramic tile installation, thoroughly clean
and polish the exposed surfaces of tile work. Completely clean work area of
debris and rubbish occasioned by this Work and dispose of to the approval of the
Owner's Representative.
B. Provide the City with 10% extra stock of pool waterline tile and gutter cap tile.
12/2001 CARLSBAD AQUATIC CENTER
/-
DIVISION 13
SECTION 13154
END OF SECTION
/-
I,"
12/2001
SWIMMING POOL CERAMIC TILE
PAGE 6 OF 6
CARLSBAD AQUATIC CENTER
DMSION 13
SECTION 13155
SWIMMING POOL PLASTER
PAGE 1 OF 6
f-
SECTION 13155 - SWIMMING POOL PLASTER
PART 1 - GENERAL
1.01 The General Conditions apply to all work of this Section.
1.02 WORK INCLUDED
A. All preparation of swimming pool structures and labor and materials required to
provide swimming pool plaster as indicated on the Drawings and herein specified.
B. Provide start-up and operation instructions to Owner and properly balance
swimming pool chemistry until the Owner takes occupancy.
1.03 QUALITY ASSURANCE
A. All Work of this Section shall be performed or supervised by the Swimming Pool
Subcontractor.
B.
1. The contractor / subcontractor for this portion of the Work shall have been
successfully engaged in the respective trade for at least five (5) years
immediately prior to commencement of this work, and shall demonstrate to
the approval of the Owner's Representative that his record of workmanship
is satisfactory.
2. For actual construction operations, use only thoroughly trained and
experienced workers completely familiar with the materials and methods
specified.
3. Provide at least one person who shall be present at all times during
execution of this portion of the Work and who shall be thoroughly familiar
with the type of materials being installed, the referenced standards, and the
requirements of this Work, and who shall direct all Work performed under
this Section.
C. Standards: Swimming pool plaster shall be designed to comply with the published
standards of the State and Local Health Department as they apply to the material and
services furnished herein. In addition, meet requirements of applicable portions of
most current editions of the following:
1. CLPCA: "Reference Specifications"- California Lathing and Plastering
Contractors Association.
12/2001 CARLSBAD COMMUNITY CENTER
DIVISION 13 - SECTION 13155
SWIMMING POOL PLASTER
PAGE 2 OF 6
.-
2. ASTM: American Society for Testing Materials.
D.
1. Retain a qualified chemistry consultant, familiar with operation and
maintenance of aquatic facilities, to supervise and properly balance
swimming pool chemistry.
2. Demonstrate to the Owner’s Representative and appropriate officials
(including State of California) that all systems are filly operational and
that calcium hardness, total alkalinity, chlorine residual and pH levels are
within specified limits.
3. Standards: Contractor shall furnish labor and chemicals as required to
condition the water properly to the following specifications:
a. Calcium Hardness: 150 to 300 ppm
b. Total Alkalinity: 100 ppm
C. Chlorine Residual: 1.00-1.50 pprn
d. pH Factor: 7.2 to 1.4
1.04 SUBMInALS AND SUBSTITUTIONS
A. Provide submittals in accordance with the requirements of Section 01330.
1.05 PRODUCT HANDLING
A. Delivery: Deliver materials to the Project Site in the manufacturer’s original
unopened containers with all labels intact and legible.
B. Storage: Store materials under cover in a manner to prevent damage and
contamination, and store only the specified materials at the Project Site.
C. Protection: Use all means necessary to protect the swimming pol plaster before,
during, and after installation and to protect the installed Work and materials of all
other trades.
D. Replacements: In the event of damage, immediately make all repairs and
r- replacements necessary to the approval of the Owner’s Representative.
1.06 ENVIRONMENTAL CONDITIONS
12/2001 CARLSBAD COMMUNITY CENTER
DIVISION 13 - SECTION 13155
SWIMMING POOL PLASTER
PAGE 3 OF 6
A. No plastering shall be done under unsuitable conditions of weather or temperature.
No plastering shall be done when prevailing temperature is 40 degrees Fahrenheit or
less.
B. Do not install plaster during rain and, if rain commences after plastering has begun,
immediately protect the plaster from rain by all means necessary until the plaster has
Set.
C. Do not install plaster during wind greater than 10 mph and, if wind commences after
plastering has begun, immediately protect the plaster from wind by all means
necessary until the plaster has set.
PART 2 - PRODUCTS
2.01 CEMENT
A. Swimming pool plaster cement shall be white Portland cement conforming to
ASTM C-150 as manufactured by Riverside Cement, Lehigh Cement, or approved
equal.
2.02 AGGREGATE
A. Swimming pool aggregate shall be Georgia Marble Pool Aggregate, Riverside
Premium Pool Aggregate, or approved equal. Mix per manufacturer's
recommendations for specific application.
2.03 COLOR
A. All swimming pool plaster shall be white in color.
2.04 WATER
A. Water for swimming pool plaster shall be clean and free kom injurious amounts of
acid, alkali, and organics.
2.05 GUTTER WATERPROOFING
A. Thoroseal, Sika, or approved equal. Mix as per manufacturer's recommendations
for specific application. Color shall be Gray.
I- PART 3 - EXECUTION
3.01 SURFACE CONDITIONS
1u2001 CARLSBAD COMMUNITY CENTER
DIVISION 13
SECTION 13155 ,.,-
SWIMMING POOL PLASTER
PAGE 4 OF 6
1. Prior to Work of this Section, carefully inspect the installed Work of other
trades and verify that all such Work is complete to the point where this
installation can properly commence.
2. Verify that swimming pool plaster can be installed in accordance with the
original design and all referenced standards.
B.
1. In the event of discrepancy, immediately notify the Owner's Representative.
2. Do not proceed with installation in areas of discrepancy until all such
discrepancies have been fully resolved.
3. Failure to notify the Owner's Representative and give written notice of
discrepancies shall constitute acceptance by the Contractor of existing
conditions as fit and proper to receive the Work.
3.02 INSTALLATION OF GUTTER WATERPROOFING
A. Provide two (2) coats of the specified gutter waterproofing prior to installation of
pool plaster. Prepare surfaces to receive waterproofing and cure in conformance
with manufacturer's recommendations.
3.03 REMOVAL OF EXISTING FIBERGLASS AND PLASTER SURFACES
A. Surfaces to receive plaster shall have all existing fiberglass and underlying plaster
removed by use of a chipping gun or pick down to bare concretdgunite, exposing a
clean rough surface. Sawcut as required around existing tile to remain. Replace any
damaged tile, pool fittings, steps, lights, etc. as required to match existing.
3.04 INSTALLATION OF POOL PLASTER
A. Completion of Other Work: DO NOT commence plastering of swimming pool
until all concrete deck areas, landscaping and other construction adjacent to the
swimming pool(s) is complete and all construction equipment used for those
portions of the Work have been removed from the immediate area.
f" B.
1. Do not apply plaster over dirt, rust, scale, grease, moisture, scuffed surfaces
12l2001 CARLSBAD COMMUNITY CENTER
DMSION 13
SECTION 13155
z.,-
SWIMMING POOL PLASTER
PAGE 5 OF 6
r-
,"
or conditions otherwise detrimental to the formation of a durable plaster
finish.
2. Consult with manufacturer on application to specific surfaces being treated.
Follow manufacturer's recommendation for curing of cast-in-place concrete
or shotcrete surfaces prior to application of plaster.
3. Protect ceramic tile, decking, deck equipment, gratings, fittings and other
items by suitable covering or masking.
4. Mask or remove all hardware, hardware accessories, machined surfaces,
plates, lighting fixtures and similar items in place not to receive pool plaster.
Following completion of plaster for each space or area remove masking.
Re-install all removed items utilizing workers skilled in the trades involved.
C.
1. Into the parging coat of the concrete surfaces, trowel a finish coat of the
specified marble plaster to a thickness between 1/4" and 3/8" maximum. If
leveling coat is required, use a brown coat application of one part cement to
three parts clean, washed sand.
2. Float the plaster to a uniform plane and trowel to a smooth, dense,
impervious surface using extreme care to avoid stains.
3. Take special care in finishing around pool fittings, making sure to mask off
or plug openings so as not to fill such openings with excess plaster. Be
certain to completely enclose pool fittings with plaster to insure a leak-proof
seal around pipes, fittings, lights, anchors, etc.
4. Accurately interface with the finish planes of items installed by other trades.
3.05 CURING
A. Preparation: Anticipate the need for required equipment and have all such
equipment immediately available for use upon completion of pool plastering.
B. Pnnl FtlImg ..
1. After the plaster has sufficiently dried and before drying has proceeded to a
damaging point, cure the plaster by gradually filling the pool with water,
preventing all damage to finished plaster surfaces.
2. Flow the water continuously until the pool is filled.
12/2001 CARLSBAD COMMUNITY CENTER
DIVISION 13
SECTION 13155 ,,"
SWIMMING POOL PLASTER
PAGE 6 OF 6
r-
3. When the weather is hot and/or water pressure is low, keep the pool walls
damp while the pool is fillig.
4. Coordinate with Contractor to ensure that the pool is continuously
monitored while filling to prevent overfill.
3.06 EQUIPMENT ACTIVATION
A. All water chemistry and filtration mechanical equipment shall be operational upon
filling of pool after plaster. Chemicals and other related support items as supplied
by Contractor, shall be in supply at start-up.
B. For the first fourteen (14) calendar days after completion of the pool plaster, brush
all plastered surfaces at least twice a day and coordinate with General Contractor to
ensure that the plaster is carefully maintained after the initial fourteen day period. In
addition, coordinate with the Contractor to ensure that pool filtration equipment is
continuously running during the initial fourteen day period.
C. Start-up and provide qualified personnel to operate pool equipment for a period
not less than fourteen (14) days after the pool is placed in operation, or until the
Owner takes occupancy of the facility. During this time, Contractor shall instruct
and supervise the Owner's personnel in the various operating and maintenance
techniques involved. Contractor shall be responsible for supply of chemicals
during this not less than fourteen (14) day period and at time of turnover to
Owner, chemical storage tanks shall be full. (Owner's personnel shall be fully
trained and capable of assuming swimming pool maintenance tasks, training may
begin before Owner takes occupancy).
3.07 CLEAN-UP
A. Upon completion of swimming pool plaster, remove all materials, equipment and
debris occasioned by this Work and leave the job site in a clean and presentable
condition. Perform all such clean-up to the approval of the Owner's Representative.
END OF SECTION
12/2001 CARLSBAD COMMUNITY CENTER