HomeMy WebLinkAboutHardy & Harper Inc; 1999-08-23; 7550*
CARLSBAD MUNICIPAL WATER DISTRICT
San Diego County
California
OPEN MARKET
CONTRACT DOCUMENTS AND SPECIAL PROVISIONS
FOR 0
CMWD PROJECT NO. N/A
CONTRACT NO. 7550
CARLSBAD MUNICIPAL WATER DISTRICT
5950 EL CAMINO REAL
CARLSBAD, CALIFORNIA 92008
(760) 438-3367
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INFORMATION FOR CONTRACTOR
A. TO OBTAIN A COPY OF CURRENT PLAN HOLDERS LIST: 1)
PHONE (760) 438-3367 EXT. 7128
B. QUESTIONS PERTAINING TO PLANS AND CONTRACT DOCUMENTS:
ASSOCIATE ENGINEER
PHONE (760) 438-3367 EXT.
D ISTRl CT ENGINE E R
PHONE (760) 438-3367 EXT. 7126
CONSTRUCTlONlMAlNTENANCE SUPERINTENDENT
PHONE (760) 438-2722 EXT. 7132
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TABLE OF CONTENTS eltern Paa
NOTICE INVITING BIDS ....................................................................................................... 1
CONTRACTORS PROPOSAL .............................................................................................. 4
DESIGNATION OF SUBCONTRACTORS ............................................................................. 9
BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY ............................................... 11
BIDDERS STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE ............................. 12
BIDDERS CERTIFICATE OF INSURANCE ......................................................................... 13
BIDDERS STATEMENT RE: DEBARMENT ......................................................................... 14
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID ...................................................................... 17
CONTRACT .. PUBLIC WORKS .......................................................................................... 18
REPRESENTATION AND CERTIFICATION ........................................................................ 24
ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OF RETENTION ............................................................................. 25 a
SPECIAL PROVISIONS
I . SUPPLEMENTARY GENERAL PROVISIONS TO STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION ....................................................................... 28
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03/22/9
CARLSBAD MUNICIPAL WATER DISTRICT, CARLSBAD, CALIFORNIA a NOTICE INVITING BIDS
Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Carlsbac
Village Drive, Carlsbad, California 92008-1989, until 500 P.M. on the day of JUL'
1999, for performing the work as follows:
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OPEN MARKET CONTRACT NO. 7550
The work shall be performed in strict conformity with the specifications on file with the CMWC
OPERATIONS/MAINTENANCE Department. The specifications for the work include the
Standard Specifications of Public Works Construction, 1994 Edition, and the 1995 and 199E
supplements thereto, all hereafter designated "SSPWC as issued by the Southern Californi:
Chapter of the American Public Works Association and as amended by the special provision:
sections of this contract, includinq Attachment "A" with Drawinas. Reference is hereb)
made to the specifications for full particulars and description of the work.
The Carlsbad Municipal Water District encourages the participation of minority and women
owned businesses.
The Carlsbad Municipal Water District encourages all bidders, suppliers, manufacturers
fabricators and contractors to utilize recycled and recyclable materials when available anc
where appropriate.
The Carlsbad Municipal Water District may disqualify a contractor or subcontractor from
participating in bidding when a contractor or subcontractor has been debarred by another
jurisdiction in California as an irresponsible bidder.
No bid will be received unless it is made on a proposal form furnished by the Purchasing
Department.
The documents which must be completed, properly executed, and notarized are:
I. Contractor's Proposal 6. Bidder's Statement of Technical Ability and
2. Non-Collusion Affidavit Experience
3. Designation of Subcontractors 7. Bidder's Statement re: Debarment
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and Amount of Subcontractors 8. Bidder's Disclosure of Discipline Record
Bids 9. The Open Market Contract-Public Works
4. Certificate of Insurance IO. Purchasing Department Representation and 5. Bidder's Statement of Financial Certification
Responsibility I I. Escrow Agreement for Security Deposits (optional)
All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities
are approximate and serve solely as a basis for the comparison of bids. The District's
Estimate is $ 7.00 sa. ft .
No bid shall be accepted from a contractor who is not licensed in accordance with the
provisions of California state law. The contractor shall state their license number, expiration
date and classification in the proposal, under penalty of perjury. The following classifications *
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are acceptable for this contract:
A City of Carlsbad Business License is required for all contractors and sub contractors.
If the Contractor intends to utilize the escrow agreement included in the contract documents ir
lieu of the usual 10% retention from each payment, these documents must be completed anc
submitted with the signed contract. The escrow agreement may not be substituted at a later
date.
Sets of plans, special provisions, and Contract documents may be obtained at the Purchasing
Department, City Hall, 1200 Carlsbad Village Drive, Carlsbad, California, for a non-refundable
fee of $ N/A per set. If plans and specifications are to be mailed, the cost for postage
should be added.
The Carlsbad Municipal Water District reserves the right to reject any or all bids and to waive
any minor irregularity or informality in such bids.
The general prevailing rate of wages for each craft or type of worker needed to execute the
Contract shall be those as determined by the Director of Industrial Relations pursuant to the
Sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor
Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The
Contractor to whom the Contract is awarded shall not pay less than the said specified
prevailing rates of wages to all workers employed by him or her in the execution of the
Contract.
The Prime Contractor shall be responsible for insuring compliance with provisions of Section
1777.5 of the Labor Code and Section 4100 et seq. of the Public Contracts Code, "Subletting
and Subcontracting Fair Practices Act." The District Engineer is the District's "duly authorized
officer" for the purposes of Section 41 07 and 41 07.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with Section 1720 shall
apply to the Contract for work.
A pre-bid meeting and tour of the project site will , will not XX be held.
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.
Insurance is to be placed with insurers that have (1) a rating in the most recent Best's Key
Rating Guide of at least A-:V, and (2) are admitted and authorized to transact the business of
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A. C12 in accordance with the provisions of state law. e
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a BY SUBMITTING A BID YOU ARE INDICATING THAT YOU ARE CAPABLE OF- AND WlLLlNG
TO OBTAIN INSURANCE THAT MEETS THESE REQUIREMENTS. WORK ON THIS PROJECT
WILL NOT BEGIN UNTIL THE SUCCESSFUL BIDDER HAS SUBMITTED PROOF THAT THE
PROPER INSURANCE HAS BEEN OBTAINED. PROOF OF PROPER INSURANCE MUST BE
RECEIVED BY THE DISTRICT WITHIN 20 BUSINESS DAYS OF NOTIFICATION OF AWARD, OR
AWARD MAY BE WITHDRAWN.
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CARLSBAD MUNICIPAL WATER DISTRICT
OPEN MARKET
CONTRACT NO.
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I CONTRACTOR'S PROPOSAL
Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad, California 92008
The undersigned declares helshe has carefully examined the location of the work, read the
Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to furnish a1
labor, materials, equipment, transportation, and services required to do all the work tc
complete Open Market Contract No. 7550 in accordance with the Plans anc
Specifications of the Carlsbad Municipal Water District and the Special Provisions and thai
he/she will take in full payment therefor the following unit prices for each item complete, to wit: 1
Approximate
Item Quantity Unit
No. DescriDtion and Unit Price Total
Per Specification For 1000 sq. ft. $ 9.00 $9,0
2. Remove and Replace 2000 sq. ft. $ 7.40 $14,
P- I.
Moratorium Streets
With Equal Thickness
UpTo 6 Inches
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Approximate
Quantity Unit - No. Description and Unit Price Tots ‘. Item
TWENTY THREE THOUSAND EIGHT HUNDRED DOLLARS Total amount of bid in words:
Total amount of bid in numbers: $2 3 I 8 0 0 . 0 0
Price(s) given above are firm for 90 days after date of bid opening.
Addend u m (a) No( s) .
included in this proposal.
The Undersigned has checked carefully all of the above figures and understands that the
District will not be responsible for any error or omission on the part of the Undersigned in preparing this bid.
” LIxWs.
none hadhave been received and is/are
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If
The Undersigned agrees that in case of default in executing the required Contract with
necessary [ ] Bonds [applicable only if checked] and insurance polices within twenty (20) days
from the date of award of contract by the District the District may, administratively authorize
the award of the contract to the second or third lowest bidder.
The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to
do business or act in the capacity of yontractor within the State of California, validly licensed
under license number 215952 , classification A N which
expires on npcpmbpr 31 - 1999 / , and that this statement is true and correct
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and has the legal effect of an affidavit. C+7& A bid submitted to the District by a Contractor who IS ot licensed as a contractor pursuant to
the Business and Professions Code shall be considered nonresponsive and shall be rejected
by the City. ' 7028.15(e). In all contracts where federal funds are involved, no bid submitted
shall be invalidated by the failure of the bidder to be licensed in accordance with California law.
However, at the time the contract is awarded, the contractor shall be properly licensed. Public
Contract Code ' 201 04.
The Undersigned bidder hereby represents as follows:
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1. That no Board member, officer agent, or employee of the Carlsbad Municipal Water
District 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
Board of Directors, its officers, agents, or employees has inducted him/her to enter
into this Contract, excepting only those contained in this form of Contract and the
papers made a part hereof by its terms; and
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.
The Undersigned is aware of the provisions of Section 3700 of the Labor Code which requires
every employer to be insured against liability for workers' compensation or to undertake self-
insurance in accordance with the provisions of that code, and agrees to comply with such
provisions before commencing the performance of the work of this Contract and continue to
comply until the contract is complete.
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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 tc
execute the Contract and agrees to comply with its provisions. c
(3) Place of Business
(1) Name under which business is conducted
(3) Place of Business
(Street and Number)
I (4) Zip Code Telephone No.
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IF A CORPORATION, SIGN HERE:
(1) Name under which business is conducted HARDY & HARPER, INC. t
Steve Kirschner, Vice President
Title
Impress Corporate Seal her(
California (3) Incorporated under the laws of the State of
(4) Place of Business 1312 E. Warner Avenue
(Street and Number)
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Santa Ana, CA 92705 City and State
(714) 444-1851 (5) Zip Code 92 705 Telephone No.
1) NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACH ED
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:
Fred T. Maas, Jr. President, Treasurer, Gen. Mgr. I Kristen S. Paulino Secretary
Steve Kirschner Vice President
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT *
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July 20, 1999 Kristen S. Paulino, Notary Public , before me,
Date Name and Title of Officer (e g Jane Doe Notary Public )
personally appeared Steve Kirschner
Name(s) of Signer(s)
Q personally known to me
El proved to me on the basis of satisfactory
evidence
to be the person($ whose namqs) is/=
subscribed to the within instrument and
acknowledged to me that he/&e/t%Sey executed
the same in his/Mr/thplr authorized
capacity(ie@, and that by his/hp/tbir
signature(qon the instrument the perso*), or
the entity upon behalf of which the person(&
acted, executed the instrument.
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Place Notary Seal Above Signature of Notary Public
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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
Document Date. Number of Pages
Signer(s) Other Than Named Above
Capacity(ies) Claimed by Signer
0 Corporate Officer - Title(s)
0 Partner - C Limited L General
0 Attorney in Fact
0 Guardian or Conservator
Signer Is Representing
Prod No 5907 Reorder Call Toll-Free 1-800-876-68 Q 1997 National Notary Association * 9350 De Soto Ave PO Box 2402 . Chatsworth CA 91313-2402
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DESIGNATION OF SUBCONTRACTORS
(To Accompany Proposal)
The Contractor certifies he/she has used the sub-bids of the following listed Contractors ir
making up hidher bid and that the sub-contractors listed will be used for the work for whict
they bid, subject to the approval of the District Engineer, and in accordance with applicabk
provisions of the specifications and Section 4100 et seq. of the Public Contracts Code -
"Subletting and Subcontracting Fair Practices Act." No changes may be made in thesc
subcontractors except upon the prior approval of the District Engineer of the Carlsbac
Municipal Water District.
Additional pages can be attached if required:
This project does does not Xx have bid items designated as "SPECIALTY ITEMS."
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1 The following information is required for each sub-contractor.
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I Work Full ComPanv Name with ZiD Code & Area Code
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Items of Complete Address Phone No.
No Subcontractors will be used by Hardy & Harper, Inc
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AMOUNT OF SUBCONTRACTORS BIDS
(To Accompany Proposal)
The bidder is to provide the following information on the subbids of all the listed subcontractor:
as part of the sealed bid submission. Additional pages can be attached, if required.
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Type of State
Contracting Carlsbad Business Amount of Bid
No subcontractors will be used by Hardy & Harper, Inc.
Full Company Name License & No. License No.* I$ or %)
* Licenses are renewable annually. If no valid license, indicate "NONE." Valid license must be
obtained prior to submission of signed Contracts.
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As Of:08/12/99 On:08/12/99 Time: 10:34 Page: 1
a Month Ending: 06/30/1999
HARDY & HARPER, INC.
Income Statement
YEAR TO DATE %
REVENUE
INCOME FROM COMPLETED CONTRACTS 10,452,003.52 100.24
OPEN JOB ADJUSTMENTS 25.537.27- .24-
.............. .......
TOTAL REVENUE 10,426.466.25 100.00
CONTRACT COST
LABOR 1,326,787.04 12.73
LABOR - VACATION 145,305.39 1.39
LABOR - SUBSISTANCE 63,153.00 .61
LABOR - SUPERVISION 92,402. 80 .89
MATERIAL 2,945,696.28 28.25
ALLOCATED INDIRECT 1,298,594.14 12.45
PAYROLL TAXES 132,145.25 1.27
UNION BENEFIT 479,687.20 4.60
WORKERS COMP 71,788.16 .69
SUBCONTRACTORS 110,018.71 1.06
BONDS, PERMITS & INSURANCE 33,661.19 .32
OTHER DIRECT COSTS 1,923,998.37 18.45
.............. .......
TOTAL CONTRACT COSTS 8,623,237.53 82.71
.............. .......
GROSS PROFIT (LOSS) 1,803,228.72 17.25
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INDIRECT COSTS
PAYROLL ESTIT'hTING 271.241.25 2.60
PAYROLL - YARD 61,947.39 .59
PAYROLL - SUPERVISION 39,550.00 .38
PAYROLL TAXES 24,404.38 .23
WORKERS COMP 3,672.88 .04
UNION BENEFITS 201.01 .oo
GROUP MEDICAL 14,826.42 .14
FIRST AID 2,633.30 .03
EMPLOYEE PHYSICALS 3,565.00 .03
SAFETY 2,013.92 .02
EMP. TRAINING & SEMINARS 1,120.00 .01
AUTO SUPPLIES 6,448.66 .06
CONTRACT LABOR-UNLICENSED VEHICLES 19,515.71 .19
CONTRACT LABOR-LICENSED VEHICLES 39,050.19 .37
CONSULTANT FEES 5,400.00 .05
DEPRECIATION 266,435.68 2.56
GAS & OIL 151,613.81 1.45
EMULSION/TACK FOR YARD 41,122.78 .39
INSURANCE - GENERAL LIABILITY 66,738.39 .64
INSURANCE - AUTOMOTIVE 56.249.16 .54
INSURANCE - WORKERS COW LKALLOC 5,870.91- -06-
INSURAVCE - WORKERS COMP REFUND 855.00- .01-
PLANS 695.52 .Ol
RADIO 11,477.26 .11
REPAIRS - UNLICENSED VEXICLES 44,510.95 .43
REPAIRS - LICENSED VEHICLES 106,359.32 1.02
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HARDY & HARPER, INC.
Income Statement
Month Ending: 06/30/1999
YEAR TO DATE %
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SMALL TOOLS & YARD SUPPLIES 69,146.87 .66
TIRES - UNLICENSED VEHICLES 5,887.52 .06
TIRES - LICENSED VEHICLES 38,244.14 .37
REGISTRATION 45,752.00 .44
BONDS & PERMITS 5,716.20- .05-
USE TAX & OTHER 810.00 .01
WORKERS COMP DIVIDEND 14,421.00- .14-
DISCOUNTS ON PURCHASES 2,621.08- .03-
COST ALLOCATED TO JOBS 1,298,594.14- 12.45-
.............. .......
TOTAL INDIRECT COSTS 72,555.18 .69
GENERAL & ADMINISTRATION
PAYROLL - OFFICE 329,430.00 3.16
PAYROLL - OFFICERS 457,438.52 4.39
PAYROLL TAXES 38,519.04 .37
WORKERS COMP 2,087.93 .02
GROUP MEDICAL INSURANCE 33,962.34 .33
ACCOUNTING & LEGAL 27,160.00 .26
ADVERTISING 71,137.58 .68
AUTO RENTAL 366.87 .oo
BANK CHARGES 429.00 .oo
DEPRECIATION 11,720.82 .11
CONSULTANT FEES 6,499.98 .06
DUES & SUBSCRIlTIONS 14.640.76 .14
DONATIONS 10,670.00 .10
INSURANCE 1,739.00 .02
MAINTENANCE CONTRACT - COMPUTER 2,537.96 .02
MEALS & ENTERTAINMENT 15,778.99 .15
MISCELLANEOUS 922.79 .Ol
OUT OF TOWN TRAVEL 33,802.60 .32
OFFICE - SUPPLIES & EXPENSE 39,214.33 .38
OFFICE - POSTAGE 3,845.32 .04
OFFICE - PROGRAMMING CXPENSE 2,896.48 .03
OFFICE - MISC BOND ETC 238.00 .oo
OFFICE - SEMINARS & TRAINING 485.10 .oo
RENT - WARNER AVENUE 144,000.00 1.38
REPAIRS & MAINTENANCE OFFICE 31,269.26 .30
TAX & LICENSE - CITY LICENSE 3,791.21 .04
TAXES - PROPERTY & OTHER 21,634.26 .21
TELEPHONE: 51,728.59 .50
UTILI TIES 9,342.82 .09
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TOTAL GENERAL & ADMINISTRATION 1,367,289.55 13.11
As Of:08/12/99 On:08/12/99 Time: 10:34 Page: 3
HARDY & HARPER, INC.
Income Statement
Month Ending: 06/30/1999
YEAR TO DATE %
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OTHER EXPENSES
INTEREST EXPENSE 147,255.44 1.41
PENSION PROFIT SHARING CONTRIBUTN 65,935.00 .63
.............. .......
TOTAL OTHER EXPENSES 213,190.44 2.04
OTHER INCOME
GAIN (LOSS) SALE OF F/A 9,801.88- .09-
MISCELLANEOUS INCOME 319.50 .oo
FEDERAL CORPORATE INCOME TAX 36,351.00- .35-
CALIFORNIA FWCHISE TAX 13,136 00- .13-
.............. .......
TOTAL OTHER INCOME 58,969.38- .57-
.............. .......
TOTAL EXPENSE 1,712, 004.55- 16.41-
_ _ _ _ _ _ _ - - - _ - _ - __-___________ ______________
NET PROFIT (LOSS) 91,224.17 .88 _ - _ _ - - - _ _ _ _ _ _ _ ______________ ---________-__ e
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STATE LIC. NO. 215952
1312 EAST WARNER AVENUE
SANTA ANA, CA 92705
(71 4) 444-1 851 FAX (71 4) 444-2801
August 12, 1999
To Whom It May Concern:
I Steve Kirschner, attest to the fact that the attached financial statement dated June 30, 1999, is e
ss. 3 State of California
County of Orange
Subscribed and sworn to before me on August 12, 1999.
J s. Pd
Kristen S. Paulino
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BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
(To Accompany Proposal)
Copies of the latest Annual Report, audited financial statements or balance sheets may be
submitted under separate cover marked "CONFIDENTIAL."
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Upon notification of acceptance of or
negotiations of this bid Hardy & Harper, Inc.
will proivde evidence showing a notarized
financial statement, financial data, additions:
construction experience or other information
as required.
R
I HARDY & HARPER, INC.
fl A -
Vice President
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BIDDERS STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
The Bidder is required to state what work of a similar character to that included in the
proposed Contract heishe has successfully performed and give references, with telephone
numbers, which will enable the District to judge hidher responsibility, experience and skill. An
attachment can be used. See attached sheets
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(714) 444-1851 FAX (714) 444-2801
1312 EAST WARNER AVENUE
SANTA ANA, CA 92705
REFERENCES
CITY OF YORBA LINDA
Attn: Jack Baecker Attn: Kim Lemelin
1301 E. Orangethorpe 25909 Pala Ste. 150 Yorba Linda, CA 92885-8714
Tel: (714) 961-7170
Fax: (714) 986-lot0 Annual Maintenance Contract
CITY OF MISSION VIEJO
Mission Vtejo, CA 92691
Tel: (949) 470-3000
Fax: (949) 581-5394
Annual Maintenance Contract
$200,000.00 $200,000.00
CITY OF NORCO Attn: Buddy Snipes
3954 Old Hamner Rd. Norco, CA 91760
CITY OF RANCHO PALOS VERDES Attn: Dean Allison
30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275
@ Tel: (909) 270-5602 Tel: (310) 541-6500
Fax: (310) 377-9868 Annual Maintenance Contract
Fax: (909) 270-5619 Annual Maintenance Contract
$1 50,000.00 $300,000.00
COUNTY OF ORANGE
Attn: Bob Witting Attn: Mark Bauer
10852 Douglass Rd. Anahiem, CA 92806
Tel: (714) 567-6253 Tel: (949) 489-7295 Fax: (714) 567-6383 Fax: (949) 248-7104 Annual Maintenance Contract
$700,000.00 $400,000.00
CAPISTRANO UNIFIED SCHOOL DIST.
32972 Calfe Perfecto San Juan Capistrano, CA
Annual Maintenance Contract
PLACENTIA UNIFIED SCHOOL DIST.
Attn: Jim Bass Attn: Charles Butler
1301 E. Orangethorpe
Placentia, CA 92670
Tel: (714) 996-9600 Tel: (949) 837-2100
Fax: (714) 572-9713 Fax: (949) 248-7104 Annual Maintenance Contract Annual Maintenance Contract
$1 50,000.00 $300,000.00
SADDLEBACK UMlFlED SCHOOL DIST.
25631 Diseno Dr. Mission Viejo, CA 92691
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REFERENCES - Con’lt.
CITY OF WEST HOLLYWOOD PASCAL 8 LUDWIG ENGINEERS
MCE Corp. Attn: Bob Salisbury Attn: Alan Ludwig 1301 S. LaBrea 2049 E. Francis St.
Los Angeles, CA 9001 9 Ontario, CA 91761
Tel: (213) 928-1895 Tel: (909) 947-4631
Fax: (213) 845-4795 Fax: (909) 947-4722
BnB ENGINEERING, INC. BEBEK COMPANY
Attn: Attn: John Bebek
2602 S. Halladay ST.
Santa Ana, CA 92707
Tel: (714) 641-3745 Tel: (714) 367-9531 Fax: (714) 641-1804 Fax: (714) 367-9563
26071 Merit Circle #I 11
Laguna Hills, CA 92653
CAN AM CONSTRUCTION
Attn: Steve Holtzman Attn: Bruce Schuler
San Juan Capistrano, CA 92672 Riverside, CA 9251 5
Tel: (714) 966-8500 Tel: (909) 738-9275
Fax: (714) 966-9300 Fax: (909) 738-0162
SCHULER ENGR. CORP.
32972 Calle Perfecto PO Box 851 7
TUSTIN UNIFIED SCHOOL DfST. CfTY OF YORBA LINDA WATER Attn: John Sterling Attn: Vince Blundo
1302 Service Rd. 91 3 Ritchfield Rd.
Tustin, CA 92780 Placentia, CA 92670
Tel: (714) 730-7515 Tel: (714) 777-3078 Fax: (714) 731-5497 Fax: (714) 777-8304
CITY OF CORONA WATER
Attn: Ernie Perez
315 S. Buena Vista
Corona, CA Orange, CA 92666
Tel: (909) 736-2233
Fax: (909) 279-3695
CTfY OF ORANGE WATER
Attn: Joel Wright
189 So. Water St.
Tel: (714) 288-2475
Fax: (714) 744-2973
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BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS'
LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION
(To Accompany Proposal)
As a required part of the Bidder's proposal the Bidder must attach either of the following to th
page.
Certificates of insurance showing conformance with the requirements herein for:
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Comprehensive General Liability
Employer's Liability
Automobile Liability I Workers Compensation
Statement with an insurance carrier's notarized signature stating that the carrier can, and up0
payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insuranc
for Comprehensive General Liability, Employer's Liability, Automobile Liability and Worker
Compensation in conformance with the requirements herein and Certificates of insurance to th
Agency showing conformance with the requirements herein.
All certificates of insurance and statements of willingness to issue insurance for auto policie
offered to meet the specification of this contract a must: (1) meet the conditions stated in Th
Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Speck
Provisions for this project for each insurance company that the Contractor proposes, and (2
cover any vehicle used in the performance of the contract, used onsite or offsite, whethe
owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurana
certificate must state the coverage is for "any auto'' and cannot be limited in any manner.
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SEE FOLLOWING (2) PAGES
-13- 03/22/92
P
Insurance
MacArthur Blvd Ste #430
Hardy & Harper, Inc. T K Enterprises
1312 East Warner Avenue
CCP63366400
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
TUU2 184 6 9 6
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL
3o* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED T
City of Carlsbad
1200 Carlsbad Village Drive Carlsbad CA 92008-6333
PULILY NUMBER: cpp121g~l~ COMMERCIAL GENERAL LlA5I
. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. a ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LlABlLIN COVERAGE PART.
SCHEDULE
Name of Person or Organization:
City of Carlsbad
* (If no entry appears above, information required to complete this endorsement will be shown in the Declaratio applicable to this endorsement.)
WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown il Schedule, but only with respect to liability arising out of “your work” for that insured by or for you.
’It is agreed that such insurance as is afforded by this policy for the benefit of the additional insured shown shall be primary insurance, and any other insurance maintained by the additional insured(s) shall be excess and non-contributory, but only as respects any claim, loss or liability arising out of the operations of claim, loss or liability is determined to be solely the negligence or responsibility
of the carned insured.”
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CG 20 10 11 85 Copyright, Insurance Semices Oftice, Inc., 1983 Page 1 of 1 -
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BIDDERS STATEMENT RE: DEBARMENT
(To Accompany Proposal)
1. Have you or any of your subcontractors ever been debarred as an irresponsible bidder t
another jurisdiction in the State of California?
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no
no
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Yes
2. If yes, what wadwere the name(s) of the agency(ies) and what wadwere the period(s) (
debarment(s)? Attach additional copies of this page to accommodate more than tw I debarments.
party debarred party debarred
agency agency
period of debarment period of debarment
BY CONTRACTOR:
HARDY & HARPER, INC.
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Vice President
(print namekitle)
- 14- 03/22/9
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BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
Contractors are required by law to be licensed and regulated by the Contractors’ State Lic
Board which has jurisdiction to investigate complaints against contractors if a complaint regarc
patent act or omission is filed within four years of the date of the alleged violation. A corn
regarding a latent act or omission pertaining to structural defects must be filed within IO years
date of the alleged violation. Any questions concerning a contractor may be referred t
Registrar, Contractors’ State License board, P.O. Box 26000, Sacramento, California 95826.
1. Have you ever had your contractor’s license suspended or revoked by the Calif
Contractors’ State license Board two or more times within an eight year period?
?
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no
Yes no
2. Has the suspension or revocation of your contract0 rs license ever been stayed?
no
Yes no
3. Have any subcontractors that you propose to perform any portion of the Work ever had
contractor’s license suspended or revoked by the California Contractors’ State license Board t\
more times within an eight year period?
no
Yes no I
I Yes no
4. Has the suspension or revocation of the license of any subcontractor’s that you propo: perform any portion of the Work ever been stayed? no
5. If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the I
disciplined, the date of and violation that the disciplinary action pertain to, describe the nature o
violation and the disciplinary action taken therefor. I
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(Attach additional sheets if necessary)
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BIDDERS DISCLOSURE OF DISCIPLINE RECORD (CONTINUED)
(To Accompany Proposal)
6. If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the
who’s discipline was stayed, the date of the violation that the disciplinary action pertail
describe the nature of the violation and the condition (if any) upon which the disciplinary i
was stayed.
?
(Attach additional sheets if necessary)
BY CONTRACTOR:
HARDY & HARPER, INC.
(name of Contractor)
By:
I (print namehitle)
Vice President
- 16- 031
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NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
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State of California 1
County of Orange 1
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) ss.
, being first duly sworn, deposes Steve Kirschner
(Name of Bidder)
Vice President and says that he or she is
(Title) of HARDY & HARPER, INC.
(Name of Firm)
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of,
undisclosed person, partnership, company, association, organization, or corporation; that the t
genuine and not collusive or sham; that the bidder has not directly or indirectly induced or soli1
any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, consp
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone
refrain from bidding; that the bidder has not in any manner, directly or indirectly, sough
agreement, communication, or conference with anyone to fix the bid price of the bidder or
other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any c
bidder, or to secure any advantage against the public body awarding the contract of an!
interested in the proposed contract; that all statements contained in the bid are true; and, fur
that the bidder has not, directly or indirectly, submitted his or her bid price or any breakc
thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and wil
pay, any fee to any corporation, partnership, company association, organization, bid depositor
to any member or agent thereof to effectuate a collusive or sham bid.
I declare under penalty of perjury that the foregoing is true and correct and that this affidavit
executed on the
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July 99 day of ,I9 *
20th
99 119 Subscribed and sworn to before me on the 20th dayof July
F&%-J5 !L I (NOTARY SEAL)
/
nature Of Notary Kirsten S. Paulino
-17- 031
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OPEN MARKET CONTRACT-- PUBLIC WORKS
This agreement is made this 23rd day of August , 19 99 , by and be
the Carlsbad Municipal Water District, Carlsbad, California, a Public Agency organized und
Municipal Water Act of 191 1, and a Subsidiary District of the City of Carlsbad, (hereinafter "Districf'), and Hardy and Harper, InC. a Corporation whose principal place of business is I3l2 t ast Warne; Avenue
(hereinafter called "Contractor".)
District and Contractor agree as follows:
1.
a
Description of Work. Contractor shall perform all work specified in the Open Market Cor
documents for:
PERFORMING ASPHALT REPAIRS ANNUALLY
ON AN AS NEEDED BASIS
(hereinafter called "project")
2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, 1
equipment, and personnel to perform the work specified by the Open Market Cor
Documents.
Open Market Contract Documents. The Open Market Contract Documents consist o
Contract, Notice Inviting Bids, Contractor's Proposal, Designation of Subcontractors, Bid
Statements of Financial Responsibility and Technical Ability, Non-collusion Affidavit, Es
Agreement, the Plans and Specifications, the Special Provisions, and all proper amendn
and changes made thereto in accordance with this Contract or the Plans and Specifica'
and all bonds for the project; all of which are incorporated herein by this reference.
Contractor, herlhis subcontractors, and materials suppliers shall provide and install the
as indicated, specified, and implied by the Open Market Contract Documents. Any iter
work not indicated or specified, but which are essential to the completion of the work, Shi
provided at the Contractor's expense to fulfill the intent of said documents. In all instz
through the life of the Contract, the District will be the interpreter of the intent of the (
Market Contract Documents, and the District's decision relative to said intent will be fina
binding. Failure of the Contractor to apprise subcontractors and materials suppliers o
condition of the Contract will not relieve responsibility of compliance.
Term of Contract. Term of Contract shall be for one (1) year (12 consecutive months)
date of approval by both parties, work to be performed on an as needed basis throughot
term.
Option to Renew. The District may renew the Contract for two additional one (1) year PE
upon the same terms and conditions, with the consent of Contractor. The District shal written notice of its intent to extend the term not less than sixty (60) days prior to expirati
the contract period.
If Contractor can document labor or material cost increases applicable to the renewal pi
District may, at its discretion, amend the compensation accordingly for the renewal period
-18- 0:
3. 0
4.
5.
I)
I) 6. Payment. For all compensation for Contractor's performance of work under this Cor
District shall make payment to the Contractor per section 9-3 PAYMENT of the Sta
Specifications for Public Works Construction (SSPWC) 1994 Edition, and the 1995 and
supplements thereto, hereinafter designated "SSPWC, as issued by the Southern Cali
Chapter of the American Public Works Association, and as amended by the Special Prov
section of this contract. The project manager will close the estimate of work complett
progress payments on the last working day of each month.
Independent Investisation. Contractor has made an independent investigation of the jot
the soil conditions at the jobsite, and all other conditions that might affect the progress c
work, and is aware of those conditions. The Contract price includes payment for all work
may be done by Contractor, whether anticipated or not, in order to overcome undergn
conditions. Any information that may have been furnished to Contractor by District E underground conditions or other job conditions is for Contractor's convenience only,
District does not warrant that the conditions are as thus indicated. Contractor is satisfied
all job conditions, including underground conditions and has not relied on information furni.
by District.
Hazardous Waste or Other Unusual Conditions. If the contract involves digging trench
other excavations that extend deeper than four feet below the surface Contractor
promptly, and before the following conditions are disturbed, notify District, in writing, of any
A. Hazardous Waste. Material that Contractor believes may be material that is hazai
waste, as defined in section 25117 of the Health and Safety Code, that is required
removed to a Class I, Class II, or Class Ill disposal site in accordance with provisio
existing law.
7.
8.
B. Differina Conditions. Subsurface or latent physical conditions at the site differing from
0
indicated.
C. Unknown Phvsical Conditions. Unknown physical conditions at the site of any un
nature, different materially from those ordinarily encountered and generally recognizt
inherent in work of the character provided for in the contract.
District shall promptly investigate the conditions, and if it finds that the conditior
materially so differ, or do involve hazardous waste, and cause a decrease or increz
contractor's costs of, or the time required for, performance of any part of the work
issue a change order under the procedures described in this contract.
In the event that a dispute arises between District and Contractor whether the condr
materially differ, or involve hazardous waste, or cause a decrease or increase ir
contractor's cost of, or time required for, performance of any part of the work, contr
shall not be excused from any scheduled completion date provided for by the contrac
shall proceed with all work to be performed under the contract. Contractor shall retair
and all rights provided either by contract or by law which pertain to the resolutic
disputes and protests between the contracting parties.
lmmiaration Reform and Control Act. Contractor certifies he is aware of the requiremeni
the Immigration Reform and Control Act of 1986 (8 USC Sections 1101-1525) and
complied and will comply with these requirements, including, but not limited to, verifying
eligibility for employment of all agents, employees, subcontractors, and consultants that
included in this Contract.
-19- 031
9. a
0 10. Prevailing Wage. Pursuant to the California Labor Code, the director of the Departme
Industrial Relations has determined the general prevailing rate of per diem wage
accordance with California Labor Code, Section 1773 and a copy of a schedule of said gel
prevailing wage rates is on file in the office of the City Engineer, and is incorporate
reference herein. Pursuant to California Labor Code, Section 1775, Contractor shall
prevailing wages. Contractor shall post copies of all applicable prevailing wages on tht
site.
11. Indemnification. Contractor shall assume the defense of, pay all expenses of defense,
indemnify and hold harmless the District and the City of Carlsbad, and their officers
employees, from all claims, loss, damage, injury and liability of every kind, nature
description, directly or indirectly arising from or in connection with the performance oi
Contract or work; or from any failure or alleged failure of Contractor to comply with
applicable law, rules or regulations including those relating to safety and health; and from
and all claims, loss, damages, injury and liability, howsoever the same may be caL
resulting directly or indirectly from the nature of the work covered by the Contract, exceF
loss or damage caused by the sole or active negligence or willful misconduct of the Distri
City. The expenses of defense include all costs and expenses including attorneys fee
litigation, arbitration, or other dispute resolution method.
Contractor shall also defend and indemnify the District and the City of Carlsbad against
challenges to the award of the contract to Contractor, and Contractor will pay all cl
including defense costs for the District and the City. Defense costs include the co:
separate counsel for District or City, if District or City requests separate counsel.
12. Insurance. Contractor shall procure and maintain for the duration of the contract insuri
against claims for injuries to persons or damage to property which may arise from (
connection with the performance of the work hereunder by the Contractor, his agc
representatives, employees or subcontractors. Said insurance shall meet the District's p
for insurance as stated in Resolution No. 772.
(A) COVERAGES AND LIMIT--: Contractor shall maintain the types of coverages
a
minimum limits indicted herein:
1. Comtxehensive General Liabilitv Insurance:
$1,000,000 combined single limit per occurrence for bodily injury and pro1
damage. If the policy has an aggregate limit, a separate aggregate in the amc
specified shall be established for the risks for which the District or its agents, off
or employees are additional insureds.
$1,000,000 combined single limit per accident for bodily injury and property dam:
In addition, the auto policy must cover anv vehicle used in the performance o'
contract, used onsite or offsite, whether owned, non-owned or hired, and wht
scheduled or non-scheduled. The auto insurance certificate must state the cove is for "any auto'' and cannot be limited in any manner.
3. Workers' ComPensation and EmDlovers' Liabilitv Insurance:
Workers' compensation limits as required by the Labor Code of the State of Califc
and Employers' Liability limits of $1,000,000 per incident. Workers' cornpens
offered by the State Compensation Insurance Fund is acceptable to the District.
2. Automobile Liabilitv Insurance:
a
- 20 - 03
(B) ADDITIONAL PROVISIONS-- Contractor shall ensure that the policies of insur
required under this agreement contain, or are endorsed to contain, the folk
provisions. General Liability and Automobile Liability Coverages:
1. The District and the City of Carlsbad, its officials, employees and volunteers are i
covered as additional insureds as respects: liability arising out of activities perfoi
by or on behalf of the Contractor; products and completed operations 01
contractor; premises owned, leased, hired or borrowed by the contractor.
coverage shall contain no special limitations on the scope of protection afforded tc
District or City, their officials, employees or volunteers.
2. The Contractor's insurance coverage shall be primary insurance as respects
District and City, its officials, employees and volunteers. Any insurance or
insurance maintained by the District and City, their officials, employees or volun
shall be in excess of the contractor's insurance and shall not contribute with it.
3. Any failure to comply with reporting provisions of the policies shall not affect COVE
provided to the District and City, their officials, employees or volunteers.
4. Coverage shall state that the contractor's insurance shall apply separately to
insured against whom claim is made or suit is brought, except with respect tc
limits of the insurer's liability.
(C) "CLAIMS MADE" POLICIES-- If the insurance is provided on a "claims made" b
coverage shall be maintained for a period of three years following the date of compl
of the work.
0
(D) NOTICE OF CANCELLATION-- Each insurance policy required by this agreement
be endorsed to state that coverage shall not be suspended, voided, canceled, or red
in coverage or limits except after thirty (30) days' prior written notice has been given ti
District by certified mail, return receipt requested.
(E) DEDUCTIBLES AND SELF-INSURED RETENTION (S.I.R.) LEVELS-- Any deductiblc self-insured retention levels must be declared to and approved by the District. A
option of the District, either: the insurer shall reduce or eliminate such deductibles or
insured retention levels as respects the District and City, their officials and employee
the contractor shall procure a bond guaranteeing payment of losses and re
investigation, claim administration and defense expenses.
(F) WAIVER OF SUBROGATION-- All policies of insurance required under this agree
shall contain a waiver of all rights of subrogation the insurer may have or may ac
against the District or City or any of their officials or employees.
(G) SUBCONTRACTORS-- Contractor shall include all subcontractors as insured undc
policies or shall furnish separate certificates and endorsements for each subcontr;
Coverages for subcontractors shall be subject to all of the requirements stated herein
(H) ACCEPTABILITY OF INSURERS-- Insurance is to be placed with insurers that hr
rating in Best's Key Rating Guide of at least A-:V, and are authorized to transac
business of insurance by the Insurance Commissioner under the standards specified
the Board of Directors in Resolution No. 772.
(I) VERIFICATION OF COVERAGE-- Contractor shall furnish the District with certificatl
-21 - 03
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insurance and original endorsements affecting coverage required by this clause.
certificates and endorsements for each insurance policy are to be signed by a pc
authorized by that insurer to bind coverage on its behalf. The certificates
endorsements are to be in forms approved by the District and are to be received
approved by the District before work commences.
(J) COST OF INSURANCE-- The Cost of all insurance required under this agreement be included in the Contractor's bid.
m
13. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolvt
accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapt
Article 1.5 (commencing with section 20104) which are incorporated by reference. A col
Article 1.5 is included in the Special Provisions I section. The contractor shall initially subn
claims over $375,000 to the District using the informal dispute resolution process describ
Public Contract Code subsections 201 04.2(a), (c), (d). Notwithstanding the provisions o
section of the contract, all claims shall comply with the Government Tort Claim Act (se
900 et seq., of the California Government Code) for any claim or cause of action for monl
damages prior to filing any lawsuit for breach of this agreement.
(A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted
District must be asserted as part of the contract process as set forth in this agreemet
not in anticipation of litigation or in conjunction with litigation.
(B) False Claims. Contractor acknowledges that if a false claim is submitted to the Disi
may be considered fraud and the Contractor may be subject to criminal prosecution.
(C) Government Code. Contractor acknowledges that California Government Code se
12650 et seq., the False Claims Act, provides for civil penalties where a person knoI
submits a false claim to a public entity. These provisions include false claims mad1
deliberate ignorance of the false information or in reckless disregard of the truth or
of the information.
(D) Penaltv Recoverv. If the Carlsbad Municipal Water District seeks to recover per
pursuant to the False Claims Act, it is entitled to recover its litigation costs, inc
attorney's fees.
(E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a
claim may subject the Contractor to an administrative debarment proceeding where
Contractor may be prevented from further bidding on public contracts for a period of
five years.
(F) Carlsbad MuniciDal Code. The provisions of Carlsbad Municipal Code sections 3.3: 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated her(
reference .
(G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarml
another jurisdiction is grounds for the Carlsbad Municipal Water District to disquali
Contractor or subcontractor from participating in future contract bidding.
0
I have read and understand all provisions of Section 11 above.
14. Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdictic
resolution of any disputes between the parties arising out of this agreement is San 1
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County, California.
15. Maintenance of Records. Contractor shall maintain and make available at no cost tc
District, upon request, records in accordance with Sections 1776 and 1812 of Part 7, Chi
1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contrac
principal place of business as specified above, Contractor shall so inform the Distric
certified letter accompanying the return of this Contract. Contractor shall notify the Distril
certified mail of any change of address of such records.
16. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with Section
of the Labor Code are incorporated herein by reference.
17. Security. Securities in the form of cash, cashier's check, or certified check may be substii
for any monies withheld by the District to secure performance of this contract for any oblig,
established by this contract. Any other security that is mutually agreed to by the Contri
and the District may be substituted for monies withheld to ensure performance under
Contract.
18. Provisions Reauired bv Law Deemed inserted. Each and every provision of law and cl
required by law to be inserted in this Contract shall be deemed to be inserted herein
included herein, and if, through mistake or otherwise, any such provision is not inserted,
not correctly inserted, then upon application of either party, the Contract shall forthwit
physically amended to make such insertion or correction.
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-23- 03
19. Additional Provisions. Any additional provisions of this agreement are set forth in the "Gel
Provisions" or "Special Provisions" attached hereto and made a part hereof
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED.
(CORPORATE SEAL)
CONTRACTOR: CARLSBAD MUNICIPAL WATER DISTF
a Public Agency organized under
HARDY & HARPER INC. Municipal Water Act of 1911, an1
Subsidiary District of the City of Carlsbad
m
(name of Contractor)
B
STEVE KIRSCHNER VICE PRESIDENT
(print name and title) ATTEST:
By: <
KRISTEN S. PAULINO CORPORATE SECRETARY
I (sign he re)
(print name and title) 0 Proper notarial acknowledgment of execution by must be attached.
Chairman, president or vice-president and secretary, assistant secretary, CFO or assi
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution cer
by the secretary or assistant secretary under the corporate seal empowering the officer(s) sic
to bind the corporation.
If signed by an individual partner, the partnership must attach a statement of partne
authorizing the partner to execute this instrument.
APPROVED AS TO FORM:
RONALD R. BALL,
By:
0
- 24 - 03
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
0
personally appeared
@personally known to me
0 proved to me on the basis of satisfactory
acted, executed the instrument. t
<
<
<
Place Notary Seal Above
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(
Though the informahon 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. Ofelrr MArkct. CrnhCk~ publ;c dD&
Document Date. Number of Pages
Signer(s) Other Than Named Above i
B Corporate Officer - Title(s)
3 Partner - U Limited 0 General
C Attorney in Fact
Guardian or Conservator
gner Is Representing.
0 1997 National Notary Association - 9350 De Soto Ave PO Box 2402 * Chatsworth CA 91313-2402 Prod No 5907 Reorder Call Toll-Free 1-800-876-6E
a
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
e
Aug. 11, 1999 Lucy Ann Mangielli,
Name and Title of Officer (e g Jane Doe Notary Public ) Kristen S. Paulino personally appeared Name(s) of Signer(s)
xZ5.personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person(%) whose namqs) is/*
subscribed to the within instrument and
acknowledged to me that he/si'ie/thSy executed
the same in t%/her/th&r authorized
capacity(k?s), and that by t?is/her/th&r
0
1
Description of Attached Document
Title or Type of Document
Document Date. Number of Pages
Signer(s) Other Than Named Above
Capacity(ies) Claimed by Signer
I
I
C Corporate Officer - Title(s).
0 Partner - 3 Limited 0 General
0 Attorney in Fact
0 Guardian or Conservator
Signer Is Representing
Q 1997 National Notary Association * 9350 De Soto Ave PO Box 2402 * Chatsworth CA 91313-2402 Prod No 5907 Reorder Call Toll-Free 1-800-876-6t
m
CITY OF CARLSBAD
Purchasing Department 1200 Carlsbad Village Drive 0 Carlsbad CA 92008
REPRESENTATION AND CERTIFICATION
The following representation and certification shall be completed, signed and returned to City of Carlsba
part of the bid package.
REPRESENTATIONS: Mark all applicable blanks.
This offeror represents as part of this offer that the YES NO / ownership, operation and control of the business, in
accordance with the specific definitions listed below is:
Are you currently certified by CALTRANS?
Certification #:
CERTl FlCATlO N 0 F BUS IN E S S REPRESENTATION(S):
Mark all applicable blanks. This offeror represc
a part of this offer that:
This firm is-, is notda minority business. This firm is-, is notL a woman-owned bu$
WOMAN-OWNED BUSINESS: A woman- busi-ness is a business of which at least 51 per owned, controlled and operated by a worr women. Controlled is defined as exercising the to make policy decisions. Operation is defir actually involved in the day-to-day managemen
FIRM'S PRIMARY PRODUCTS OR SERVICE: DE FIN IT10 NS :
ASPHALT PAVING a MINORITY BUSINESS ENTERPRISE: "Minority Business" is defined as a business, at least 51
percent of which is owned, operated and controlled by minority group members, or in the case of publicly owned businesses, at least 51 percent of which is
owned, operated and controlled by minority group members. The Small Business Administration CO NSTRU CTlO N CONTRACTOR:
defines the socially and economically disadvantaged
(minorities) as Black American, Hispanic American, Native Americans (i.e. American Indian, Eskimos, Aleuts and Native Hawaiians), and Asian-Pacific LICENSE NUMBER:
Americans (i.e., U.S. Citizens whose origins are from Japan, China, the Philippines, Vietnam, Korea,
Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan).
CERTIFICATION: The information furnished is certified to be factual and correct as of the date submitted.
CONCRETE
A
215952
CLASSIFICATION(S):
TAXPAYERSI.D.NO. 95 - 225 1022
HARDY & HARPER INC. STEVE KIRSCHNER
1312 E. WARNER AVENUE
COMPANY NAME PRINTED NAME
ADDRESS
SANTA ANA,CALIFORNIA 92705
CITY, STATE AND ZIP
(714) 444- - 1851 AUSUST 1999
TELEPHONE NUMBER DATE a
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OPTIONAL
ESCROW AGREEMENT FOR SECURITY
DEPOSITS IN LIEU OF-RETENTION
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This Escrow Agreement is made and entered into by and between the Carlsbad Municipa
Water District whose address is 5950 El Camino Real, Carlsbad, California, 92008, hereinafter
called "District" and whosc
address is hereinafter callec
"Contractor" and whose
address is hereinaftel
called "Escrow Agent."
For the consideration hereinafter set forth, the District, Contractor and Escrow Agent agree a:
follows:
1. Pursuant to Section 22300 of the Public Contract Code of the State of California, the
contractor has the option to deposit securities with the Escrow Agent as a substitute foi
retention earnings required to be withheld by the District pursuant to the Constructior
Contract entered into between the District and Contractor for Performinu Asphalt Repair:
Annually, On An As Needed Basis in the amount of datec
(hereinafter referred to as the "Contract")
Alternatively, on written request of the contractor, the District shall make payments of the
retention earnings directly to the escrow agent. When the Contractor deposits the
securities as a substitute for Contract earnings, the Escrow Agent shall notify the Distric
within 10 days of the deposit. 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 a:
retention under the terms of the contract between the District and Contractor. Securitie:
shall be held in the name of the , and shall designate the
Contractor as the beneficial owner.
The District shall make progress payments to the Contractor for such funds whict otherwise would be withheld from progress payments pursuant to the Contract provisions
provided that the Escrow Agent holds securities in the form and amount specified above.
When the District makes payment of retentions earned directly to the escrow agent, thc escrow agent shall hold them for the benefit of the contractor until such time as the escrov
created under this contract is terminated. The contractor may direct the investment of thc
payments into securities. All terms and conditions of this agreement and the rights anc
responsibilities of the parties shall be equally applicable and binding when the District pay:
the escrow agent directly.
The contractor shall be responsible for paying all fees for the expenses incurred by thc Escrow Agent in administering the Escrow Account and all expenses of the District Thesc
expenses and payment terms shall be determined by the District, Contractor and Escrov
Agent.
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2.
3.
4.
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5. The interest earned on the securities or the money market accounts held in escrow and al
interest earned on that interest shall be for the sole account of Contractor and shall bc
subject to withdrawal by Contractor at any time and from time to time without notice to thc
District.
Contractor shall have the right to withdraw all or any part of the principal in the Escrov
Account only by written notice to Escrow Agent accompanied by written authorization fron
District to the Escrow Agent that District consents to the withdrawal of the amount sough
to be withdrawn by Contractor.
The District shall have a right to draw upon the securities in the event of default by thc
Contractor. Upon seven days' written notice to the Escrow Agent from the District of the
default, the Escrow Agent shall immediately convert the securities to cash and shall
distribute the cash as instructed by the District.
Upon receipt of written notification from the District 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 deposii
and payments of fees and charges.
The Escrow Agent shall rely on the written notifications from the District and the contractor
pursuant to Sections (4) to (6), inclusive, of this agreement and the District and Contractor
shall hold Escrow Agent harmless from Escrow Agent's release, conversion and
disbursement of the securities and interest as set forth above.
IO. The names of the persons who are authorized to give written notices or to receive written
notice on behalf of the District and on behalf of Contractor in connection with the foregoing,
and exemplars of their respective signatures are as follows:
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6.
7.
8.
9.
8
For District: Title
Name
Signature
Address
For Contractor: Title
Name
Signature
Address
For Escrow Agent: Title
Name
Signature
Address e
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0 At the time the Escrow Account is opened, the District and Contractor shall deliver to thc
Escrow Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers 01
the date first set forth above.
For District: Title
Name
Signature
Address
For Contractor: Title
Name
Signature
Address
For Escrow Agent: Title
Name
Signature
Address
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SPECIAL PROVISIONS
FOR
PERFORMING ASPHALT REPAIRS ANNUALLY,
ON AN AS NEEDED BASIS
CONTRACT NO. 7550
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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 .I Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "schedi
or words of similar import are used, it shall be understood that reference is made to the
accompanying these provisions, unless stated otherwise.
Add the following section:
1-4.2 Directions. Where words "directed", "designated", "selected", or words of similar impo
used, it shall be understood that the direction, designation or selection of the Engineer is inter
unless stated otherwise. The word "required" and words of similar import shall be understo
mean "as required to properly complete the work as required and as approved by the Engir
unless stated otherwise.
Add the following section:
1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and
words of similar import are used, it shall be understood such words are followed by the expre
"in the opinion of the Engineer-", unless otherwise stated. Where the words "approved", "appr
"acceptance", or words of similar import are used, it shall be understood that the app
acceptance, or similar import of the Engineer is intended.
Add the following section:
1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, i
expense, shall perform all operations, labor, tools and equipment, and further, includinc
furnishing and installing of materials that are indicated, specified or required to mean tha
Contractor, at its expense, shall furnish and install the work, complete in place and ready to
including furnishing of necessary labor, materials, tools, equipment, and transportation.
1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclu5
defined by the definitions assigned to them herein.
Agency - the Carlsbad Municipal Water District, Carlsbad, California.
Board of Directors- the Board of Directors of the Carlsbad Municipal Water District.
Executive Manager - the Executive Manager of the Carlsbad Municipal Water District or hi
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a approved representative.
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Dispute Board - persons designated by the Executive Manager to hear and advise the Exe
Manager on claims submitted by the Contractor. The Executive Manager is the last appeal le\ 0 informal dispute resolution.
Engineer - the District Engineer of the Carlsbad Municipal Water District or hidher app
representative. The District Engineer is the third level of appeal for informal dispute resolution.
Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the 0’
Contract Price bid.
Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are
directed, supervised and paid by the Contractor to accomplish the completion of the Work. FL
such employees have their employment taxes, State disability insurance payments, State
Federal income taxes paid and administered, as applicable, by the Contractor. When us
Section 2-3.1 ”own organization” means construction equipment that the Contractor owns or IC
and uses to accomplish the Work. Equipment that is owner operated or leased equipment WI
operator is not part of the Contractor’s Own Organization and will not be included for the purpc
compliance with section 2-3. I of the Standard Specifications and these Special Provisions.
Owner Operator/Lessor - Any person who provides equipment or tools with an operator pro
who is employed by neither the Contractor nor a subcontractor and is neither an agent or emp
of the Agency or a public utility.
Principal Inspector - The Senior Inspector’s immediate supervisor and second level of appe
informal dispute resolution.
Project Inspector - the Engineer’s designated representative for inspection, contract administ
and first level for informal dispute resolution.
Project Manager - the Construction/Maintenance Superintendent of the Carlsbad Municipal v\i
District or hidher approved representative.
Senior Inspector - the Project Inspector’s immediate supervisor and first level of appeal for infc
dispute resolution.
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SECTION 2 -- SCOPE AND CONTROL OF THE WORK
2-3 SUBCONTRACTS.
2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions reqi
the Contractor to complete 50 percent of the contract price with its own organization, the A$
may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 perce
the value of the work performed in excess of 50 percent of the contract price by other thar
Contractor’s own organization. The Board of Directors shall be the sole body for determination
violation of these provisions. In any proceedings under this section, the prime contractor sh:
entitled to a public hearing before the Board of Directors and shall be notified ten (IO) da
advance of the time and location of said hearing. The determination of the Board of Directors
be final.
2-4 CONTRACT BONDS, modify as follows: Delete the third sentence of the first parac
having to do with a surety being listed in the latest revision of U.S. Department of Treasury Cir
570.
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Modify Paragraphs three and four to read: The Contractor shall provide a 1
performance/warranty bond and payment bond (labor and materials bond) for this contract.
faithful performance/warranty bond shall be in the amount of 100 percent of the contract pric
the payment bond shall be in the amount of 50 percent of the contract price. Both bond:
extend in full force and effect and be retained by the Agency during this project until thc
released according to the provisions of this section.
The faithful performance/warranty bond will be reduced to 25 percent of the original amount 3C
after recordation of the Notice of Completion and will remain in full force and effect for the onc
warranty period and until all warranty repairs are completed to the satisfaction of the Engineer.
The payment bond shall be released six months plus 30 days after recordation of the Not
Completion if all claims have been paid.
Add the following: All bonds are to be placed with a surety insurance carrier admittec
authorized to transact the business of insurance in California and whose assets exceed
liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to conk
following documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissic
If the bid is accepted, the Agency may require a financial statement of the assets and liabilities insurer at the end of the quarter calendar year prior to 30 days next preceding the date (
execution of the bond. The financial statement shall be made by an officer’s certificate as defir
Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statemen
be verified by the oath of the principal officer or manager residing within the United States.
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instrument entitling or authorizing the person who executed the bond to do so.
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2-5 PLANS AND SPECIFICATIONS.
2-5.1 General, add the following: The specifications for the work include the Stai Specifications for Public Works Construction, (SSPWC), 1997 Edition, and the 1998 and
supplements thereto, hereinafter designated “SSPWC’’, as issued by the Southern Calii
Chapter of the American Public Works Association, and as amended by the Special Provi
section of this contract.
The construction plans consist of Attachment “A, Scope of Work. The standard drawings USE
this project are Restoration of Asphalt Street Excavations consistinu of Sheets I & 2. Copi
some of the pertinent standard drawings are enclosed as an appendix to these Special Provisioi
2-5.2 Precedence of Contract Documents, add the following: Where CALTRANS specifiE are used to modify the SSPWC or added to the SSPWC by any of the contract document
CALTRANS specifications shall have precedence only to the materials and construction matt
referred to in the CALTRANS specifications. The Invitation to Bid, Contract for Public Works, F
of these Special Provisions and Part I of the SSPWC in the order of precedence in section 2-5
the SSPWC shall prevail over the CALTRANS specifications.
2-5.3.3 Submittals, add the following: When submitted for the Engineer’s review, Shop Drav shall bear the Contractor’s certification that he has reviewed, checked, and approved the ! Drawings and that they are in conformance with the requirements of the Contract Documents.
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Contractor shall subscribe to and shall place the following certification on all submittals:
“I hereby certify that the (equipment, material) shown and marked in this submittal is that prop0
be incorporated into this Project, is in compliance with the Contract Documents, can be insta
the allocated spaces, and is submitted for approval.
By: N/A Title:
Date:
Company Name:
Add the following:
2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete “as
record set of blue-line prints, which shall be corrected in red daily and show every change fro
original drawings and specifications and the exact “as-built“ locations, sizes and kinds of equip
underground piping, valves, and all other work not visible at surface grade. Prints for this pu
may be obtained from the Agency at cost. This set of drawings shall be kept on the job and sh
used only as a record set and shall be delivered to the Engineer upon completion of the
Payment for performing the work required by section 2-5.4 shall be included in various bid item
no additional payment will be made therefor.
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2-9 SURVEYING.
2-9.1 Permanent Survey Markers, substitute the following: The Contractor shall not d
permanent survey monuments or benchmarks without the consent of the Engineer. Wher . Engineer concurs, in writing, with the Contractor that protecting an existing monument in PIE
impractical, the Contractor shall employ a licensed land surveyor to establish the location c
monument before it is disturbed. The Contractor shall have the monument replaced by a licc
land surveyor no later than thirty (30) days after construction at the site of the replacemc
completed. The Licensed Land Surveyor shall file corner record(s) as required by §§ 877;
8773, et seq. of the California Business and Professions Code.
When a change is made in the finished elevation of the pavement of any roadway in whi
permanent survey monument is located, the Contractor shall adjust the monument frame and (
to the new grade. Monument frames and covers shall be protected during street sealing or pai
projects or be cleaned to the satisfaction of the Engineer.
2-9.3 Survey Service, substitute the following: . The Contractor shall hire and pay fo
services of a land surveyor licensed in the State of California, hereinafter Surveyor, to perfor
work necessary for establishing control, construction staking, records research and all
surveying work necessary to construct the work, provide surveying services as required hereir
provide surveying, drafting and other professional services required to satisfy the requirements (
Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and
personally supervise and certify the surveying work.
Add the following section:
2-9.3.1 Submittal of Surveying Data, All surveying data submittals shall conform tc
requirements of section 2-5.3.3, “Submittals”, herein. The Contractor shall submit grade she€
the Engineer before commencing work in the area affected by the grade sheets. The Contractor
submit field notes for all surveying required herein to the Engineer within ten days of performin!
survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bl form on 81/2’’ by 11” paper. The field notes, calculations and data shall be clear and complete
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name of field party chief, field crew members, preparer, date of observation or calcul
consecutive page numbers and shall be readable without resort to any electronic aid, con program or documentation for any computer program. The field notes shall be prepar
conformance with the CALTRANS “Surveys Manual”. The Contractor shall have a Record of 8
prepared and filed in conformance with §§ 8700 - 8805 of the State of California Busines
Professions Code showing all SDRS M-IO monuments set. The record of survey shall sho
location and justification of location of all permanent monuments set and their relation to the
right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer’s review and apl
before submittal to the County Surveyor and before submittal to the County Recorder.
Add the following section:
2-9.3.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at 51
intervals as measured along the project stationing unless a lesser interval is specified herein. F
sub-grade stakes on slopes shall be set at top of cuts, toe of fills, or slope catch points and
crown lines where no median exists. Large slopes shall have line point set to aid in construct
the slope. Rough sub-grade stakes for roadway section shall be set at edge of pavement and ’
curbs. Finish sub-grade stakes shall be set prior to placing subbase or aggregate base fc
roadway section. The stakes shall be set at edge of pavement and top of curbs. Finish sub!
stakes for the aggregate base for the roadway section shall be at 25-foot intervals at ed
pavement and top of curbs and crown line where no median exists. Intermediate stakes bet
edge of pavement and top of curb shall be set at 15-foot intervals by the surveyor. Finish aggr,
subbase and aggregate base grade stakes shall be at 25-foot intervals at top of curb, ed!
pavement, and all crown lines and grade breaks. Intermediate stakes between edge of pave
and top of curb shall be set at 15-foot intervals. Storm drain staking shall be done at 2f
intervals. Catch basins shall be staked at centerline and each end of the local depre: Curbskurbs and gutter shall be staked at 25-foot intervals, center line of driveways, and 1/4, I/:
delta on returns. Fills to finish grade at 25-foot intervals by the paving pass width shall be paintt
the pavement prior to placing each lift of asphalt on variable thickness pavement overlays reqi
leveling courses. Intersections showing specific finished asphalt grids shall be painted per the
Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal IOCE
where the curb is not being built as a part of this contract. Surveyor shall mark the removal
and limits of work line shown on the plans. The markings shall consist of continuous painted linc
asphalt and concrete surfaces and red flagged or painted laths spaced on centers no more
twenty-five feet on unimproved areas. The markings shall be completed by Surveyor and inspc
and approved by the Engineer before the start of construction in the area marked. Centc
monuments shall be laid out, their disk stamped, and a Record of Survey satisfactory to the Eng
filed with the County in accordance with the Professional Land Surveyors Act. Water and sewe
stakes shall be set at 25-foot intervals with offsets referencing the top and centerline of pipe on
line and laterals. For all pipeline work the pipe and each access hole, pipe material change, I; connection, fitting, appurtenance, or hydrant location with elevations shall be staked and pro\
with grade stakes designating the offset of the reference point, station, elevation of reference F
cut (or fill) and feature of pipe that is referenced. Habitat mitigation sites and other areas t preserved that are shown on the plans shall be staked and flagged at 25 foot intervals prior tc
start of any other activities within the limits of the work.
Add the following section:
2-9.3.3 Payment for Survey, Payment for work performed to satisfy the requirements of Seci
2-9.1 through 2-9.3.2 shall be included in the actual bid items requiring the survey work anc
additional payment will be made. Extension of unit prices for extra work shall include
compensation for attendant survey work and no additional payment will be made therefor. Payr
for the replacement of disturbed monuments and the filing of corner records shall be incidental tc
work necessitating the disturbance of said monuments and no additional payment will be n therefor.
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2-10 AUTHORITY OF BOARD AND ENGINEER
Add the following section:
2-10.1 Availability of Records, The Contractor shall provide copies of all records i
Contractor’s or subcontractor’s possession pertaining to the work that the Engineer may reques
Add the following section:
2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, ’
Engineer, within San Diego County, accurate books and accounting records relative to
activities. The Engineer shall have the right to monitor, assess, and evaluate Contr:
performance pursuant to this Agreement, said monitoring, assessments, and evaluations to in
but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and inter
of Contractor’s staff. At any time during normal business hours and as often as the Enginee
deem necessary, upon reasonable advance notice, Contractor shall make available to the En!
for examination, all of its records with respect to all matters covered by this Contract and will I
the Engineer to audit, examine, copy and make excerpts or transcripts from such data and rei
and to make audits of all invoices, materials, payrolls, records of personnel, and other data re
to all matters covered by this Contract. However, any such activities shall be carried out in a m,
so as to not unreasonably interfere with Contractor’s ongoing business operations. Contractor
maintain such data and records for as long as may be required by applicable laws and regulatio
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SECTION 3 -- CHANGES IN WORK
@ 3-3 EXTRA WORK.
3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in a
Bid Item, the use of this basis for the adjustment of payment will be limited to that portion (
change, which together will all previous changes to that item is not in excess of 25 percent (
total cost of such item based on the original quantity and Contract Unit Price. Adjustments in e: of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work.
3-3.2.2 ( c ) Tool and Equipment Rental, Regardlc ownership, the rates and right-of-way delay factors to be used in determining rental and delay
shall be the edition of the, “Labor Surcharge & Equipment Rental Rates” published by CALTR
current at the time of the actual use of the tool or equipment. The right-of-way delay factors th shall be used as multipliers of the rental rates for determining the value of costs for delay t
Contractor and subcontractors, if any, The labor rates published therein are not a part o
contract.
3-3.2.3 Markup, Delete section 3-3.2.3 from the 1995 and 1996 Supplements to the SSPWC
replace with the following:
(a) and shall constitute the markup for all overhead and profits:
1) Labor ................................... 20
2) Materials ............................. 15
3) Equipment Rental ................... 15
4) Other Items and Expenditures .. 15
second paragraph, modify as follows:
Work by Contractor. The following percentages shall be added to the Contractor’s
a
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0 To the sum of the costs and markups provided for in this section, 1 percent shall be add
compensation for bonding.
(b) Work by Subcontractor. When all or any part of the extra work is performed
Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor’s
cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion
extra work and a markup of 5 percent on work added in excess of $5,000 of the subcont
portion of the extra work may be added by the Contractor.
3-3.3 Daily Reports by Contractor, Payme
extra work will not be made until such time that the Contractor submits completed daily report
all supporting documents to the Engineer.
3-4 CHANGED CONDITIONS. delete the second sentence of paragraph three, delete para
five (5), and add the following: The Contractor shall not be entitled to the payment of any add
compensation for any act, or failure to act, by the Engineer, including failure or refusal to is
change order, or for the happening of any event, thing, occurrence, or other cause, unless he
have first given the Engineer due written notice of potential claim as hereinafter speci
Compliance with this section shall not be required as a prerequisite to notice provisions in Sect
7.3 Contract Time Accounting, nor to any claim that is based on differences in measuremc
errors of computation as to contract quantities. The written notice of potential claim for chz
conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior 1
time that the Contractor performs the work giving rise to the potential claim. The Contractor’s f
to give written notice of potential claim for changed conditions to the agency upon their disc
and before they are disturbed shall constitute a waiver of all claims in connection therewith.
The Contractor shall provide the District with a written document containing a description c
particular circumstances giving rise to the potential claim, the reasons for which the Conti
believes additional compensation may be due and nature of any and all costs involved with
working days of the date of service of the written notice of potential claim for changed condit
Verbal notifications are disallowed.
The potential claim shall include the following certification relative to the California False Claim:
Government Code Sections 12650-1 2655.
“The undersigned certifies that the above statements are made in full cognizance of the Calif
False Claims Act, Government Code sections 12650-1 2655. The undersigned further undersi
and agrees that this potential claim, unless resolved, must be restated as a claim in response t
District‘s proposed final estimate in order for it to be further considered.”
The Contractor’s estimate of costs may be updated when actual costs are known. The Contr
shall submit substantiation of its actual costs to the Engineer within 20 working days afle
affected work is completed. Failure to do so shall be sufficient cause for denial of any
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 c
contract be brought to the attention of the Engineer at the earliest possible time in order that
matters be settled, if possible, or other appropriate action promptly taken.
3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written noti
potential claim prior to commencing any disputed work. Failure to give said notice shall constiti
waiver of all claims in connection therewith.
add the following after the second sentence:
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Delete second sentence of paragraph one and add the following: Prior to proceeding with d
resolution pursuant to Public Contract Code (PCC) provisions specified hereinafter, the cont
shall attempt to resolve all disputes informally through the following dispute resolution ch,
command:
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1. Project Inspector
2. Senior Inspector
3. Principal Inspector
4. District Engineer
5. Executive Manager
The Contractor shall submit a complete report within 20 working days after completion c
disputed work stating its position on the claim, the contractual basis for the claim, along WI
documentation supporting the costs and all other evidentiary materials. At each level of cla
appeal of claim the District will, within 10 working days of receipt of said claim or appeal of (
review the Contractor's report and respond with a position, request additional information or re
that the Contractor meet and present its report. When additional information or a meeti
requested the District will provide its position within 10 working days of receipt of said addi
information or Contractor's presentation of its report. The Contractor may appeal each 11
position up to the Executive Manager after which he may proceed under the provisions of the F
Contract Code.
The authority within the dispute resolution chain of command is limited to recommending a reso
to a claim to the Executive Manager. Actual approval of the claim is subject to the change
provisions in the contract.
All claims by the contractor for $375,000 or less shall be resolved in accordance with the procec
in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Se
201 04) which is set forth below:
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ARTICLE I .5 RESOLUTION OF CONSTRUCTION CLAIMS
20104. (a)(l) This article applies to all public works claims of three hundred seventy-five thou
dollars ($375,000) or less which arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a contract between a contractor E
public agency when the public agency has elected to resolve any disputes pursuant to Articll
(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, e:
that "public work" does not include any work or improvement contracted for by the state ol
Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payme
money or damages arising from work done by, or on behalf of, the contractor pursuant tc
contract for a public work and payment of which is not otherwise expressly provided for 01
claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the
agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans or specifica
for any work which may give rise to a claim under this article.
(d) This article applies only to contracts entered into on or after January 1, 1991. @
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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
Claims must be filed on or before the date of final payment. Nothing in this subdivision is intenl
extend the time limit or supersede notice requirements otherwise provided by contract for the fi
claims.
(b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall respc
writing to any written claim within 45 days of receipt of the claim, or may request, in writing, wit
days of receipt of the claim, any additional documentation supporting the claim or relat
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 1
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 submit
the claimant within 15 days after receipt of the further documentation or within a period of tir
greater than that taken by the claimant in producing the additional information, whichever is gre
(c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hu
seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all v
claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of recf
the claim, any additional documentation supporting the claim or relating to defenses to the clai
local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant 1
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 submitl
the claimant within 30 days after receipt of the further documentation, or within a period of tin
greater than that taken by the claimant in producing the additional information or requ
documentation, whichever is greater.
(d) If the claimant disputes the local agency's written response, or the local agency fails to res
within the time prescribed, the claimant may so notify the local agency, in writing, either with
days of receipt of the local agency's response or within 15 days of the local agency's fail1
respond within the time prescribed, respectively, and demand an informal conference to mee
confer for settlement of the issues in dispute. Upon a demand, the local agency shall sched
meet and confer conference within 30 days for settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any portion remains in disputt
claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chal
(commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code
purposes of those provisions, the running of the period of time within which a claim must be
shall be tolled from the time the claimant submits his or her written claim pursuant to subdivisic
until the time that claim is denied as a result of the meet and confer process, including any peri
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 sh;
construed to change the time periods for filing tort claims or actions specified by Chap
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Di\
3.6 of Title 1 of the Government Code.
20104.4. The following procedures are established for all civil actions filed to resolve claims si
to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the I
shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both pa
The mediation process shall provide for the selection within 15 days by both parties
disinterested third person as mediator, shall be commenced within 30 days of the submittal,
shall be concluded within 15 days from the commencement of the mediation unless a requirement is extended upon a good cause showing to the court or by stipulation of both parti
the parties fail to select a mediator within the 15-day period, any patty may petition the cot
appoint the mediator.
a
@
@
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(b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursu
Chapter 2.5 (commencing with Section 1141.1 0) of Title 3 of Part 3 of the Code of Civil Proa
notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Arti
(commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure
apply to any proceeding brought under the subdivision consistent with the rules pertaining to ji
arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appi
for purposes of this article shall be experienced in construction law, and, upon stipulation
parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay
exceed their customary rate, and such fees and expenses shall be paid equally by the p'
except in the case of arbitration where the arbitrator, for good cause, determines a different di\
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 o
Procedure, any party who after receiving an arbitration award requests a trial de novo but doc
obtain a more favorable judgment shall, in addition to payment of costs and fees under that chI
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 mediat
0
arbitration process.
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undis
except as otherwise provided in the contract.
(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate o
arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a
of law.
SECTION 4 - CONTROL OF MATERIALS e
4-1 MATERIALS AND WORKMANSHIP.
4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and
access to any and all parts of work at any time. Contractor shall furnish Engineer with :
information as may be necessary to keep the Engineer fully informed regarding progress
manner of work and character of materials. Inspection or testing of the whole or any portion o
work or materials incorporated in the work shall not relieve Contractor from any obligation to
this Contract.
4-1.4 Test of Materials, add the following: Except as specified in these Special Provision!
Agency will bear the cost of testing materials and/or workmanship where the results of such
meet or exceed the requirements indicated in the Standard Specifications and the SI
Provisions. The cost of all other tests shall be borne by the Contractor.
At the option of the Engineer, the source of supply of each of the materials shall be approved b!
before the delivery is started. All materials proposed for use may be inspected or tested at any
during their preparation and use. If, after incorporating such materials into the Work, it is founc
sources of supply that have been approved do not furnish a uniform product, or if the product
any source proves unacceptable at any time, the Contractor shall furnish approved material
other approved sources. If any product proves unacceptable after improper storage, handling (
any other reason it shall be rejected, not incorporated into the work and shall be removed fror
project site all at the Contractor's expense.
Compaction tests may be made by the Engineer and all costs for tests that meet or exceec *
- 38 - 031
requirements of the specifications shall be borne by the Agency. Said tests may be made i
place along the work as deemed necessary by the Engineer. The costs of any retests
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 fo
satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substil
is determined to be unsatisfactory in performance, durability, compatibility with associated ii
availability of repair parts and suitability of application the Contractor shall remove the substi
item and replace it with the originally specified item at no cost to the Agency.
@
SECTION 5 -- UTILITIES
5-1 LOCATION. Add the following: The Agency and affected utility companies have, by a 5
of known records, endeavored to locate and indicate on the Plans, all utilities which exist witt
limits of the work. However, the accuracy and/or completeness of the nature, size and/or loca,
utilities indicated on the Plans is not guaranteed.
5-4 RELOCATION. Add the following: In order to minimize delays to the Contractor caused I
failure of other parties to relocate utilities that interfere with the construction, the Contractor,
request to the Engineer, may be permitted to temporarily omit the portion of work affected t
utility. Such omission shall be for the Contractor’s convenience and no additional compensatic
be allowed therefor. The portion thus omitted shall be constructed by the Contractor immec
following the relocation of the utility involved unless otherwise directed by the Engineer.
SECTION 6 -- PROSECUTION, PROGRESS AND
ab
ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete subsectioi
and substitute the following: The Contractor shall begin work within as needed basis cak
days after receipt of the “Notice to Proceed”.
Add the following section:
6-1 .I Pre-Construction Meeting. After, or upon, notification of contract award, the Engine
set the time and location for the Preconstruction Meeting. Attendance of the Contra
management personnel responsible for the management, administration, and execution c
project is mandatory for the meeting to be convened. Failure of the Contractor to hav
Contractor’s responsible project personnel attend the Preconstruction Meeting will be grounc
default by Contractor per section 6-4. No separate payment will be made for the Contra
attendance at the meeting. The notice to proceed will only be issued on or after the complet
the preconstruction meeting.
Add the following section:
6-1 .I .I Baseline Construction Schedule Submittal. The Contractor shall submit the Ba
Construction Schedule per the submittal requirements of section 2-5.3. The submittal (
Baseline Construction Schedule shall include each item and element of sections 6-1.2 throu
1.2.9 and shall be on hard (paper) copy and electronic media conforming to section 6-’
Add the following section:
0 Electronic Media.
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6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contract0
prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule
precedence diagram method (activity-on-node) format. The Baseline Construction Schedulc
depict a workable plan showing the sequence, duration, and interdependence of all ac required to represent the complete performance of all project work. The Baseline Constr
Schedule shall begin with the projected date of issuance of the notice to proceed and conclud
the date of final completion per the contract duration. The Baseline Construction Schedule
include detail of all project phasing, staging, and sequencing, including all milestones necess
define beginning and ending of each phase or stage.
Add the following section:
6-1.2.1 Time-Scaled Network Diagram. As a part of the Baseline Construction Schedc,
Contractor shall prepare and submit to the Engineer a complete time-scaled network di:
showing all of the activities, logic relationships, and milestones comprising the schedule.
Add the following section:
6-1.2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractoi
prepare and submit to the Engineer a tabular listing of all of the activities, showing for each a
the identification number, the description, the duration, the early start, the early finish, the late
the late finish, the total float, and all predecessor and successor activities for the activity descrit
Add the following section:
6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall pr
and submit to the Engineer a chart showing individual tasks and their durations arranged wi
tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing tc
patterns or distinctive line types to show the critical path.
Add the following section: 6-1.2.4 Schedule Software. The Contractor shall use commercially available software eq
the Windows 95 compatible Suretrak program by Primavera to prepare the Baseline Constri
Schedule and all updates thereto. The Contractor shall submit to the Agency a 3.5” data disk w
network information contained thereon, in a format readable by a Microsoft Windows 95 sys
The Agency will use a Suretrak or equal software program for review of the Contractor’s sche
Should the Contractor elect to use a scheduling program other than the Suretrak progra
Primavera the Contractor shall provide the Engineer three copies of the substituted program th(
fully licensed to the Agency and 32 class hours of on-site training by the program publisher for
eight Agency staff members. The on-site training shall be held at 2075 Las Palmas Drive, Carl
California.
,Add the following section:
6-1.2.5 Schedule Activities. Except for submittal activities, activity durations shall not be SI
than 1 working day nor longer than 15 working days, unless specifically and individually allow
the Engineer. The Baseline Construction Schedule shall include between 100 and 500 acti\
including submittals, interfaces between utility companies and other agencies, project miles,
and equipment and material deliveries. The number of activities will be sufficient, in the judgmc
the Engineer, to communicate the Contractor’s plan for project execution, to accurately describ
project work, and to allow monitoring and evaluation of progress and of time impacts. Each act
description shall accurately define the work planned for the activity and each activity shall
recognizable beginning and end points. 0 Add the following section:
6-1.2.6 Float.
to whatever party or contingency first exhausts it.
I)
I)
Float or slack time within the schedule is available without charge or cornpen:
-40 - 031
Add the following section:
6-1.2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of A!
supplied materials, equipment, or services, which may impact any activity’s construction sh
shown as a restraint to those activities. Time periods to accommodate the review and correct
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 I
than the specified contract duration will not be acceptable and will be grounds for defai
Contractor, per section 6-4.
Add the following section:
6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor’s p
support and maintain the project for the entire contractual timespan of the project. Shoul
Contractor propose a project duration shorter than contract duration, a complete Bat
Construction Schedule must be submitted, reflecting the shorter duration, in complete accorc
with all schedule requirements of section 6-1. The Engineer may choose to accept the Contra
proposal of a project duration shorter than the duration specified; provided the Agency is sal
the shortened Baseline Construction Schedule is reasonable and the Agency and all other en
public and private, which interface with the project are able to support the provisions of the shor
Baseline Construction Schedule. The Agency’s acceptance of a shortened duration project \n
confirmed through the execution of a contract change order revising the project duratior
implementing all contractual requirements including liquidated damages in accordance wit’
revised duration.
0
@ Add the following section:
6-1 -2.1 0 Engineer’s Review. The Construction Schedule is subject to the review of the Engi
The Engineer’s determination that the Baseline Construction Schedule proposed by the Contr
complies with the requirements of these special provisions shall be a condition precede
issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the ConstrL
Schedule does not meet the requirements of these specifications the Contractor shall correc
Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure c
Contractor to obtain the Engineer’s determination that the initial Construction Schedule proposf
the Contractor complies with the requirements of these special provisions within thirty (30) wo
days after the date of the preconstruction meeting shall be grounds for termination of the contrac
section 6-4. Days used by the Engineer to review the initial Construction Schedule will nc included in the 30 working days.
The Engineer will review and return to the Contractor, with any comments, the Baseline ConstrL
Schedule within 15 working days of submittal. The Baseline Construction Schedule will be ret\
marked as per sections 6-1 2.1 0.1 through 6-1 210.3.
Add the following section:
6-1.2.1 0.1 “Accepted.” The Contractor may proceed with the project work upon issuance c
Notice to Proceed, and will receive payment for the schedule in accordance with section 6-1.8.1.
Add the following section:
6-1.2.1 0.2 “Accepted with Comments.” The Contractor may proceed with the project work
issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporatin!
comments prior to receipt of payment per section 6-1.8.1. (I)
-41 - 031
Add the following section: 6-1.2.1 0.3 “Not Accepted.” The Contractor must resubmit the schedule incorporatin
corrections and changes of the comments prior to receipt of payment per section 6-1.8.1. The F
to Proceed will not be issued by the Engineer if the changes of the comments are not submitt
required hereinbefore and marked “Accepted” or “Accepted with Comments” by the Engineer.
Contractor, at the sole option of the Engineer, may be considered as having defaulted the co
under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the comr
are not submitted as required hereinbefore and marked “Accepted” by the Engineer.
Add the following section:
6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet wit
Engineer during the last week of each month to agree upon each activity’s schedule status and
submit monthly updates of the Baseline Construction Schedule confirming the agreements no
than the fifth working day of the following month. The monthly update will be submitted on
(paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media per the sub
requirements of section 2-5.3 and will include each item and element of sections 6-1.2 throu
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 c
the month. After first reporting an actual date, the Contractor shall not change that actual d;
later updates without specific notification to the Engineer with the update.
Add the following section:
6-1.3.2 Activity Percent Complete.
Contractor shall report the percentage determined by the Engineer as complete for the activity. ’ Add the following section:
6-1.3.3 Electronic Media. The schedule data disk shall be a 31/2’’ high density diskette, lab
with the project name and number, the Contractor’s name and the date of preparation o
schedule data disk. The schedule data disk shall be readable by the software specified in sectil
1.2.2 Schedule Software and shall be free of file locking, encryption or any other protocol that v
impede full access of all data stored on it.
Add the following section:
6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting I
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 revk
reflecting the change orders approved in the previous month. The network revisions will b
agreed upon during the review and acceptance of the Contractor’s change orders.
Add the following section:
6-1.3.6 Bar Chart.
durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The
chart shall use differing texture patterns or distinctive line types to show the critical path.
Add the following section:
6-1. 4 Engineer’s Review of Updated Construction Schedule. The Engineer will review
return the Updated Construction Schedule to the Contractor, with any comments, within 5 WOI
days of submittal. The Updated Construction Schedule will be returned marked as per sectior 1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked “Accepted with Comment!
e
For each activity underway at the end of the month
Each monthly update will include a chart showing individual tasks and
@
- 42 - 03L
“Not Accepted” by the Engineer will be returned to the Contractor for correction. Upon resut
the Engineer will review and return the resubmitted Updated Construction Schedule t
Contractor, with any comments, within 5 working days. Failure of the Contractor to submit a rn
updated construction schedule will invoke the same consequences as the Engineer returr
monthly updated construction schedule marked “Not Accepted”.
Add the following section:
6-1.4.1 “Accepted.”
for the schedule in accordance with section 6-1.8.2.
Add the following section:
6-1.4.2 “Accepted with Comments.” The Contractor may proceed with the project work.
Contractor must resubmit the Updated Construction Schedule to the Engineer incorporatin
corrections and changes noted in the Engineer’s comments prior to receipt of payment per sc
0
The Contractor may proceed with the project work, and will receive pa
6-1.8.2.
Add the following section:
6-1.4.3 “Not Accepted.” The Contractor must resubmit the Updated Construction Schedule
Engineer incorporating the corrections and changes noted in the Engineer’s comments pr
receipt of payment per section 6-1.8.2. The Contractor, at the sole option of the Engineer, m
considered as having defaulted the contract under the provisions of section 6-4 DEFAUL
CONTRACTOR if the changes of the comments are not submitted and marked “Accepted” I:
Engineer before the last day of the month in which the Updated Construction Schedule is due.
Contractor fails to submit the corrected Updated Construction Schedule as required herei
Contractor may elect to proceed with the project at its own risk. Should the Contractor elect
proceed with the project, any resulting delay, impact, or disruption to the project will b 0 Contractor’s responsibility.
Add the following section:
6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a comp
or contractually required milestone date later than the properly adjusted contract or mile:
duration, the Agency may withhold Liquidated Damages for the number of days late. Sho
subsequent “Accepted” Schedule Update remove all or a portion of the delay, all or the alloi
portion of the previously held Liquidated Damages shall be released in the monthly payment I
Contractor immediately following the “Accepted” schedule.
Add the following section:
6-1.6 Interim Revisions. Should the actual or projected progress of the work be
substantially different from that depicted in the Project Schedule, independently of and prior 1
next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with
and explanation of each change made to the schedule. The Revised Construction Schedule v
submitted per the submittal requirements of section 2-5.3 and per the schedule review acceptance requirements of section 6-1, including but not limited to the acceptance and pay
provisions.
Add the following section:
6-1. 7 Final Schedule Update. The Contractor shall prepare and submit a final schedule ul
when one hundred percent of the construction work is completed. The Contractor’s Final Scht
Update must accurately represent the actual dates for all activities. The final schedule update
be prepared and reviewed per sections 6-1.3 Preparation of Schedule Updates and Revision:
6-1. 4 Engineer’s Review of Updated Construction Schedule. Acceptance of the final scht
update is required for completion of the project and release of any and all funds retained per SE
- 43 - 031
*
9-3.2.
0 Add the following section: 6-1.8 Measurement and Payment. Construction Schedule will be paid for at the stipulatec
sum price of N/A dollars ($ N/A ). The stipulated lump sum price paid for Construction Sct
shall include full compensation for furnishing all labor, materials including, but not limited t
computer hardware and software, tools, equipment, and incidentals; and for doing all the
involved in attending meetings, preparing, furnishing, updating, revising the tabular, bar an
chart Construction Schedules and narrative reports required by these special provisions a
directed by the Engineer. The Engineer’s determination that each and any construction sctl
proposed by the Contractor complies with the requirements of these special provisions sh precedent to each and any payment for the Construction Schedule. Payments for Constri
Schedule will be made as per sections 6-1.8.1 through 6-1.8.3.
Add the following section:
6-1.8.1 Initial Payment. N/A dollars ($ N/A ) of the stipulated lump sum bid for the Constri
Schedule will be made when the Engineer has accepted a Construction Schedule for this projec
Add the following section:
6-1.8.2 Monthly Updated Construction Schedule Payments. Monthly Updated Constri
Schedule Payments of N/A dollars ($ N/A ) will be made subsequent to the initial payment f
Construction Schedule for each monthly Construction Schedule, updated as required herein, th
Engineer has accepted as sufficient within the month that the monthly progress payment per
No payment shall be made, nor shall any payment accrue, for any monthly updated constrt
schedule that is not marked “Accepted” by the Engineer on or before the twentieth working d
the month such monthly updated construction schedule is due per section 6-1.3 Preparati
Schedule Updates and Revisions. The sum of the amounts paid for Construction Schedule c
the initial and subsequent payment periods, or extensions to the contract, shall not excee
stipulated lump sum price for Construction Schedule.
Add the following section:
6-1.8.3 Concluding Payment. A Final payment of N/A dollars ( N/A )for the Constri
Schedule will be made when both one hundred percent of the contract work is completed an
Engineer has accepted a final construction schedule update prepared and submitted b Contractor as required herein that shows the actual beginning and ending dates and all other
that is required for baseline and update schedules for each activity shown on the bas
construction schedule and updates thereto that the Engineer accepted for this project.
OR FOR SMALL PROJECTS WHERE ONLY A BAR CHART IS REQUIRED
Add the following section:
6-1 .I Measurement And Payment Of Construction Schedule. The Contractor’s prepari
revision and maintenance of the Construction Schedule are incidental to the work and no sep
payment will be made therefor.
@
6-2 PROSECUTION OF WORK.
Add the following section:
6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipmeni
materials, and performing all operations necessary to complete the Project Work as shown 01
Project Plans and as specified in the Specifications. The work includes Performina Asphalt Re
Annually On An As Needed Basis.
Add the following section:
@
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6-2.3 Project Meetings. The Engineer will establish the time and location of N/A . F
Meetings. Each Project Meeting shall be attended by the Contractor's Representative. The F Representative shall be the individual determined under section 7-6, "The Contr:
Representative", SSPWC. No separate payment for these meetings will be made.
e
6-6 DELAYS AND EXTENSIONS OF TIME.
6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written
to the Engineer within two hours of the beginning of any period that the Contractor has place
workers or equipment on standby for any reason that the Contractor has determined to be caus
the Agency or by any organization that the Agency may otherwise be obligated by. The Cont
shall provide continuing daily written notice to the Engineer, each working day, throughoi
duration of such period of delay. The initial and continuing written notices shall includr
classification of each workman and supervisor and the make and model of each piece of equiF
placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cai
the delay and a cogent explanation of why the Contractor could not avoid the delay by reaso
means. Should the Contractor fail to provide the notice(s) required by this section the Conti
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 prosecutc
work to completion within N/A working days after the starting date specified in the Notic
Proceed.
6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Eng
the hours of work shall be between the hours of 7:OO a.m. and 4:OO p.m. on Mondays th
Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Ens
if the Contractor desires to work outside said hours or at any time during weekends and/or holic
This written permission must be obtained at least 48 hours prior to such work The Engineer
approve work outside the hours and/or days stated herein when, in hidher sole opinion, such
conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor
pay the inspection costs of such work.
6-8 COMPLETION AND ACCEPTANCE. Add the following: All work shall be warranted for
(1) year after recordation of a "Notice of Completion" and any faulty work or materials discovl
during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twc
five percent of the faithful performance bond shall be retained as a warranty bond for the one
warranty period.
6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first sen'
of the second paragraph and add the following: For each consecutive calendar day in exce
the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor
pay the Agency, or have withheld monies due it, the sum of NIA Dollars ( N/A ).
Execution of the Contract shall constitute agreement by the Agency and Contractor that N/A
day is the minimum value of costs and actual damages caused by the Contractor to completc
Work within the allotted time. Any progress payments made after the specified completion date
not constitute a waiver of this paragraph or of any damages.
0
SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR
7-3 LIABILITY INSURANCE. Add the following: All insurance is to be placed with insurers
-45- 031
a
have a rating in Best's Key Rating Guide of at least A-:V and are admitted and authorized to c(
business in the state of California and are listed in the official publication of the Departm
Insurance of the State of California.
7-4 WORKERS COMPENSATION INSURANCE. Add the following: All insurance is to be 1
with insurers that are admitted and authorized to conduct business in the state of California ai
listed in the official publication of the Department of Insurance of the State of California. P
issued by the State Compensation Fund meet the requirement for workers' compensation insur
7-5 PERMITS. Except as specified herein the agen
obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, and building p
necessary to perform work for this contract on Agency property, in streets, highways (except
highway right-of-way), railways or other rights-of-way. Contractor shall not begin work ut
permits incidental to the work are obtained. The Contractor shall obtain and pay for all perm
the disposal of all materials removed from the project. The cost of said permit(s) shall be incluc
the price bid for the appropriate bid item and no additional compensation will be allowed therefc
@
Modify the first sentence to read:
7-7 COOPERATION AND COLLATERAL WORK.
Add the following section:
7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility comF
during the relocation or construction of their lines. The Contractor may be granted a time exte
if, in the opinion of the Engineer, a delay is caused by the utility company. No add 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 t
shall also be executed on weekends and other non-working days when needed to preserv
health safety or welfare of the public. The Contractor shall conduct effective cleanup and
control throughout the duration of the Contract. The Engineer may require increased levc
cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, !
and welfare of the public. Cleanup and dust control shall be considered incidental to the ite
work that they are associated with and no additional payment will be made therefor.
7-8.5 Temporary Light, Power and Water. The Contractor shall ob
construction meter for water used for the construction, plant establishment, maintenance, cle testing and all other work requiring water related to this contract. The Contractor shall conta
appropriate water agency for requirements.
The Contractor shall pay all costs of temporary light, power and water including hookup, se
meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be consil
incidental to the items of work that they are associated with and no additional payment will be I
therefor.
Add the following section:
7-8.8 Noise Control. All internal combustion engines used in the construction shall be equr
with mufflers in good repair when in use on the project with special attention to the City Noise Cc
Ordinance, Carlsbad Municipal Code Chapter 8.48.
e
Add the following:
7-10 PUBLIC CONVENIENCE AND SAFETY.
7-1 0.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall
-46- 031
a
accordance with the plans, Chapter 5 of the California Department of Transportation "Mani Traffic Controls," 1996 edition and these Special Provisions. If any component in the traffic c
system is displaced, or ceases to operate or function as specified, from any cause, durin
progress of the work, the Contractor shall immediately repair said component to its original con
or replace said component and shall restore the component to its original location. In the ever
the Contractor fails to install and/or maintain barricades or such other traffic signs, marl
delineation or devices as may be required herein, the Engineer may, at hidher sole option, insti
traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($20.0(
day per traffic sign or device, or the actual cost of providing such traffic control facility, whiche
the greater.
Add the following section:
7-1 0.3.1 Construction Area Signs. Warning and advisory signs, lights and devices install1
placed to provide traffic control, direction and/or warning shall be furnished, installed, maintainec
removed by the Contractor when no longer required. Care shall be used in performing excavatic
signs in order to protect underground facilities. Warning and advisory signs that remain in ,
overnight shall be stationary mounted signs. Stationary signs that warn of non-existent cond
shall be removed from the traveled way or shielded from the view of the traveling public during
periods that their message does not pertain to existing conditions. All excavation required to i
stationary construction area signs shall be performed by hand methods without the use of F
equipment. Warning and advisory signs that are used only during working hours may be poi
signs. Portable signs shall be removed from the traveled way and shielded from the view c
traveling public during non-working hours.
During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle (
portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance
the provisions in Section 12-3.06B, "Portable Signs", of the CALTRANS Standard Specificatior
Reflexite vinyl microprism reflective sheeting signs; or 3M high intensity reflectorized sheetin
aluminum substrate signs of Seibulite Brand Ultralite Grade Series, encapsulated lens retrorefle
sheeting signs; or equal.
Stationary mounted signs used for traffic control during construction of the Work shall be installe
break-away sign posts as shown on SDRS drawing M-45 or on wood posts in the same manner
shown on CALTRANS Standard Plans RS I, RS 2, RS 3 and RS 4 for installation of roadside si
except as follows:
(a) Back braces and blocks for sign panels will not be required.
(b) The height to the bottom of the sign panel above the edge of traveled way shall be at least 2.1 m.
(c) Construction area sign posts may be installed on above ground temporary platform sign supports as approved by the Engineer, or the signs may be installed on existing lighting standarc
other supports as approved by the Engineer.
(d) When construction area signs are installed on existing lighting standards, holes shall not bc made in the standards to support the sign.
(e) The post embedment shall be 0.8-m if post holes are backfilled around the posts with 500-C 2500 concrete. (9 When break-away sign posts (SDRS M-45) are used one post shall be provided for each square meters of sign area.
For wood posts post size and number of posts shall be as shown on CALTRANS Standard Plan
2. Lumber for wood posts shall be as for sight posts.
Sign panels for stationary mounted signs shall conform to the requirements of Section 201
"Reflective Sheeting Aluminum Signs", and the following:
(a) All rectangular sheet aluminum signs over 1375 mm measured along the horizontal axis, ar
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diamond-shaped sheet aluminum signs 1500 mm and larger shall be framed unless othc
specified.
(b) Frames shall be constructed in accordance with “Framing Details for Sheet Aluminum 5
Sheets 1 through 4 and Table 1 on Sheet 5, as published by CALTRANS.
(c) Sign panel fastening hardware shall be commercial quality.
Each portable sign shall consist of a base, standard or framework and a sign panel. The unit: be capable of being delivered to the site of use and placed in immediate operation. Sign pan
portable signs shall conform to the requirements of sign panels for stationary mounted signs ii
7, “Reflective Sheeting Aluminum Signs”, or shall be Type IV reflective sheeting, cotton drill 1
flexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be used durir
hours of darkness. Size, color, and legend requirements for portable signs shall be as describ
stationary mounted sign panels in Section 206-7, “Reflective Sheeting Aluminum Signs”. The I to the bottom of the sign panel above the edge of traveled way shall be at least 0.3 m. All p:
the sign standard or framework shall be finished with 2 applications of an orange enamel whic
match the color of the sign panel background. Testing of paint will not be required. If portable
are displaced or overturned, from any cause, during the progress of the work, the Contractoi
immediately replace the signs in their original locations.
Add the following section:
7-10.3.2 Maintaining Traffic. Attention is directed to Sections 7-1 0 SSPWC ”Public Conver
and Safety.” Nothing in these Special Provisions shall be construed as relieving the Contractoi
its responsibility as provided in said Section 7-10. If illuminated traffic cones rather than pos
delineators are used during the hours of darkness, they shall be affixed or covered with reflc
cone sleeves as specified in CALTRANS “Standard Specifications”, except the sleeves sh<
seven (7) inches long.
The Contractor’s personnel shall not work closer than six (6) feet, nor operate equipment withi
(2) feet from any traffic lane occupied by traffic. For equipment the two (2) feet shall be mea from the closest approach of any part of the equipment as it is operated and/or maneuver
performing the work. This requirement may be waived when the Engineer has given Y
authorization to the reduction in clearance that is specific to the time, duration and location of
waiver or for the work of installing, maintaining and removing traffic control devices. As a cor
of such waiver the Engineer may require the Contractor to detour traffic, adjust the width c
realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers.
Personal vehicles of the Contractor’s employees shall not be parked within the traveled
including any section closed to public traffic. Whenever vehicles or equipment are parked o
shoulder within six (6) feet of a traffic lane, the shoulder area shall be closed with fluorescent ’
cones or portable delineators placed on a taper in advance of the parked vehicles or equipmen
along the edge of the pavement at 25-foot intervals to a point not less than 25 feet past thc
vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be us(
the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted
telescoping flag tree with flags. The flag tree shall be placed where directed by the Engineei
construction traffic control devices shall be maintained in good order and according to the
throughout the duration of work. During the entire construction, a minimum of two paved l
lanes, not less than twelve (12) feet wide, shall be open for use by public traffic in each directi travel.
Add the following section:
7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of clc
traffic lanes in accordance with the details shown on the plans, CALTRANS “Manual of T
Control”, 1996 edition and provisions under ”Maintaining Traffic” elsewhere in these SF
-48- 03/
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Provisions. The provisions in this section will not relieve the Contractor from its responsib
provide such additional devices or take such measures as may be necessary to maintain
When lanes are closed for only the duration of work periods, all components of the traffic I
system, except portable delineators placed along open trenches or excavation adjacent
traveled way, shall be removed from the traveled way and shoulder at the end work period.
Contractor so elects, said components may be stored at selected central locations, approved
Engineer, within the limits of the right-of-way.
Add the following section:
7-1 0.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic
operations, traffic shall be controlled with lane closures, as provided for under "Traffic C
System for Lane Closure'' of these Special Provisions or by use of an alternative traffic contrc
proposed by the Contractor and approved by the Engineer. The Contractor shall not start
striping operations using an alternative plan until he has submitted its plan to the Engineer ar
received the Engineer's written approval of said plan.
Add the following section:
7-1 0.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furn
placed, maintained and removed in accordance with the minimum standards specified in Cha,
of the "Traffic Manual", 1996 edition published by CALTRANS. Whenever the work Ci
obliteration of pavement delineation, temporary or permanent pavement delineation shall be in
prior to opening the traveled way to public traffic. Lane line or centerline pavement delineatior
be provided at all times for traveled ways open to public traffic. All work necessary, includin
required lines or marks, to establish the alignment of temporary pavement delineation sh;
performed by the Contractor. When temporary pavement delineation is removed, all lines and I
used to establish the alignment of the temporary pavement delineation shall be removed by grit
Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose mal
Temporary pavement delineation shall not be applied over existing pavement delineation or
temporary pavement delineation. Temporary pavement delineation shall be maintained
superseded or replaced with permanent pavement delineation.
Temporary pavement delineation shall be removed when, as determined by the Engineei
temporary pavement delineation conflicts with the permanent pavement delineation or with a
traffic pattern for the area and is no longer required for the direction of public traffic. \
temporary pavement delineation is required to be removed, all lines and marks used to establis
alignment of the temporary pavement delineation shall be removed.
* safety.
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Add the following section:
7-1 0.3.6 Modifications and Additions to Traffic Control Plan Sheets. The Contractor
submit new Traffic Control Plans (TCP) for the Engineer's review for any construction activitie
do not fall within the Traffic Control Staging plans that may be included in the plans for this pi
The Contractor must obtain the Engineer's approval of the new TCP prior to implementing the
expenses and time to prepare and review such modifications, additions, supplements and/o
designs shall be included in the lump sum bid for traffic control or, in the absence of a traffic c
bid item, borne by the Contractor and no additional payment will be made therefor.
modifications, supplements and/or new design shall meet the requirements of the "MANUP
TRAFFIC CONTROLS", 1996 Edition as published by the State of California Departmc
Transportation and of the Engineer. Such modification, addition, supplement, and/or new c
shall be prepared by a professional engineer appropriately registered in the State of California.
Engineer shall be the sole judge of the suitability and quality of any such modifications, supplen
and/or new designs. The Engineer may approve any such modifications, supplements, and/oi
designs to the traffic control plans when, in hidher sole opinion, such modifications, supplen
and/or new designs to the traffic control plans prepared by the registered engineer retained t
Contractor will be beneficial to the best interests of the Agency. Such modification, ad(
supplement, and/or new design shall not be implemented and no work shall be commenced t
contingent on such approval until the changed traffic control plans are approved by the Engir
The preparation of such modification, addition, supplement, and/or new designs shal
presuppose their approval or obligate the Agency in any fashion. Submittal and review requirer
for such modifications, supplements, and/or new designs shall conform to the requiremer
section 2-5.3 Shop Drawings and Submittals.
The Contractor shall prepare and correct TCP and shall furnish all labor and materials to pel
install, maintain, replace and remove all traffic control as incidentals to the work with which the
associated and no other compensation will be allowed therefor.
Add the following section:
7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necei
precautions for the safety of employees on the work and shall comply with all applicable provisic
Federal, State and Municipal safety laws and building codes to prevent accidents or injury to pel
on, about, or adjacent to the premises where the work is being performed. The Contractor
erect and properly maintain at all times, as required by the conditions and progress of the WOI
necessary safeguards for the protection of workers and public, and shall use danger signs wa
against hazards created by such features of construction as protruding nails, hoists, well holes
falling materials.
7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this
include Chapter 11.06. Excavation and Grading. If this notice specifies locations or PO:
materials, such as borrow pits or gravel beds, for use in the proposed construction project \
would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the cond
established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditio
the contract.
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SECTION 8 -- FACILITIES FOR AGENCY PERSONNEL
8-1 GENERAL. Add the following: Contractor shall furnish the Engineer a "Class A" Field 01
The field office shall be for the exclusive use of the Engineer and such other individuals that he
designate. The Contractor shall maintain the field office throughout the entire duration of the cor
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0
CITY OF CARLSBAD
ENGINEERING INSPECTION
r .
determines that the supplemental payment request is not proper, then the request shall be retL
to the Contractor as soon as practicable, but not later than seven (7) days after receipt.
returned request shall be accompanied by a document setting forth in writing the reasons wh
supplemental payment request was not proper. In conformance with Public Contract Code Se
20104.50, the District shall make payments within thirty (30) days after receipt of an undisputec properly submitted supplemental payment request from the Contractor. If payment oi
undisputed supplemental payment request is not made within thirty (30) days after receipt b
Engineer, then the District shall pay interest to the Contractor equivalent to the legal rate set fo
subdivision (a) of Section 685.010 of the Code of Civil Procedure.
9-3.2 Partial and Final Payment. Modify the third paragraph as follows: The Agency
retain 10 percent of such estimated value of the work done and 10 percent of the value of mate
so estimated to have been furnished and delivered and unused or furnished and store1
aforesaid as part security for the fulfillment of the contract by the Contractor, except that at any
after 20 percent of the work has been completed, if the Engineer finds that satisfactory progre
being made, the Agency may reduce the total amount being retained from payment pursuant tc
above requirements to 5 percent of the total estimated value of said work and materials and
also reduce the amount retained from any of the remaining partial payments to 5 percent o
estimated value of such work and materials. In addition, on any partial payment made aft€
percent of the work has been completed, the Agency may reduce the amount withheld
payment pursuant to the requirements of this Section to such lesser amounts as the Engi,
determines is adequate security for the fulfillment of the balance of the work and other requirem
of the contract, but in no event will said amount be reduced to less than 125 percent of
estimated value of the work yet to be completed as determined by the Engineer. Such reductior
only be made upon the written request of the Contractor and shall be approved in writing by
surety on the Performance Bond and by the surety on the Payment Bond. The approval oi
surety shall be submitted to the Engineer; the signature of the person executing the approval for
surety shall be properly acknowledged and the power of attorney authorizing him to give :
consent must either accompany the document or be on file with the Agency.
9-3.2 Partial and Final Payment. After final inspectioi
Engineer will make a Final Payment Estimate and process a corresponding payment. This est
will be in writing and shall be for the total amount owed the Contractor as determined b
Engineer and shall be itemized by the contract bid item and change order item with quantities
payment amounts and shall show all deductions made or to be made for prior payments
amounts to be deducted under provisions of the contract. All prior estimates and progress payn
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 r
written statement disputing any bid item or change order item quantity or payment amount.
Contractor shall provide all documentation at the time of submitting the statement supportir
position. Should the Contractor fail to submit the statement and supporting documentation withi
time specified, the Contractor acknowledges that full and final payment has been made fc
contract bid items and change order items.
If the Contractor submits a written statement with documentation in the aforementioned time
Engineer will review the disputed item within 30 calendar days and make any approp
adjustments on the Final Payment. Remaining disputed quantities or amounts not approved b!
Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertaii
basis and amount of said claims. The Engineer will consider and determine the Contractor’s cl
and it will be the responsibility of the Contractor to furnish within a reasonable time such fu
- 52 - 03C
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Add paragraph 6 et seq. as follows:
@
information and details as may be required by the Engineer to determine the facts or conte
involved in its claims. Failure to submit such information and details will be sufficient cau @ denying the claims.
9-3.2.1 Payment for Claims. Add the following: Written statement shall be submitted
Agency within 30 calendar days of receipt of Final Payment for all claims for the entire projec
claim will be considered that was not included in this written statement, nor will any claim be a
for which written notice or protest is required under any provision of this contract including SE
3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 L
Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has compliec
notice or protest requirements.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertr
basis and amount of said claims. The Engineer will consider and determine the Contractor’s (
and it will be the responsibility of the Contractor to furnish within a reasonable time such f
information and details as may be required by the Engineer to determine the facts or conte
involved in its claims. Failure to submit such information and details will be sufficient cau
denying the claims.
Payment for claims shall be processed within 30 calendar days of receipt of the written statem
further information, whichever is longer, for those claims approved by the Engineer. The Cont,
shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those c
remaining in dispute.
Add the following section:
9-3.3.1 Delivered Materials.
into the work (will not) be included in the progress estimate.
The cost of materials and equipment delivered but not incorpc @
Add the following section:
9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Wo
be made at the stipulated lump-sum price bid therefor in the bid schedule. The Contract lumr
price paid for mobilization shall not exceed N/A dollars ($ N/A ), and includes full compensatic
furnishing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment and incide
and for doing all the work involved in mobilization and preparatory work and operations, inck
but not limited to, those necessary for the movement of personnel, equipment, supplies,
incidental to preparing to conduct work on and off the project site and other offsite fac
necessary for work on the project; for all other facilities, sureties, work and operations which mL
performed or costs incurred prior to beginning work on various contract items on or off the pi
site, excepting those specifically paid for under separate sections of these specifications.
Contractor hereby agrees that the stipulated lump sum amount is sufficient for Mobilizatior
Preparatory Work, as described in this section, and that the Contractor shall have no ri&
additional compensation for Mobilization and Preparatory Work.
Progress payments for Mobilization and Preparatory Work will be made as follows:
For the first progress payment (after the issuance of the Notice to Proceed), forty percent (40‘
the amount bid for Mobilization And Preparatory Work will be allowed. For the second pro!
payment, an additional sixty percent (60%) of the amount bid for mobilization and preparatory
will be allowed therefor. a
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Attachrne 0
SCOPE OF WORK
A. The work to be done includes the furnishing of all labor, materials, tools, equipmen
incidentals necessary to complete all of the work in the plans and specifications for Moral
Streets (per attached) or remove and replace with equal thickness, sealed and compacted,
the Maintenance Superintendent or designated representative so determines.
B. Traffic control will be the responsibility of the Carlsbad Municipal Water District staff.
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' MORATORIUM STREETS
t SECTION
!
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0 L T-SECTION
I
TYPE OF STREETS DEPTH I ASPHALT CONCRETE BINDER
I LCZAL RESIOEATIAL STREETS I" i X-AR-GCQ3 5.6::
MEMBRANE INTERLAYER (S.A.M.I.) STREETS WITH STRESS ABSOR61NG 0 3 2 02-AR-4000 5.62 ,a
c COLLECTOR/MAJOR STREETS I 1.5" I C2-AR-4000 .. 8 H 5.2X
1 & 2 THE TOTAL THICKNESS OF @ + @ SHAU BE 4' MINIMUM FOR LOCAL OR o -o COLLECTOR STREETS AND 6- MINIMUM FOR MAJOR STREETS.
:CITY OF PASADENA - PUBLIC ~GRKS & TRANSPORTATION
DRAWN 0'1: mu: NONE YANNIE: WU
WED BY: - DAN RIX RESTORATION OF ASPHALT ORAWlNC NO.. S TREE T EXC AV P.TIONS
I I
5 UCD EY:
Az.k MTE )3 J& at WEtSS APPROVED BY: .
ClTY fNCINfER i -
sm4
SHEET 1
9 AU WORX SHALL BE DONC IN ACCORDANCE WITH THE "STANDARD SPECIflCATlONS
SUPPLEMENTS, AND THE CITY Of PASADENA 'SUPPLEMENTS AND M001FlCATIONS" TO THE A80VE (BLUE BOCK).
ENGINEER IN THE FIELD.
0 FOR PUBLIC WORKS CONSTRUCTiOc (GREEN BOOK), tATEST EDITION, iNCLUDiNG
3 @ kXCEPTIONS TO THE ABOVE REQUIREMENTS MAY 8E GRANTED BY THE CITY'S - V 8 n
,CITY OF PASADENA - PUBLIC WORKS & TRANSPORTATION I
ORAW or: %A=
NONE YANNIE WU
CKCD BY:
I - s nuor;- DAN RIX
RESTORATION OF ASPHALT ORAWlNC NO.: STREET EXCAVATIONS
CIL WElSS
CllY LNClNCU e SU4'
SHEET 2 0