HomeMy WebLinkAboutHT Development & Construction; 1998-08-20; 3605-1DOE * 1998-0825941
Recording requested by:
CITY OF CARLSBAD
When recorded mail to:
DEC 17s 1998 I:550 PM
L 54 OFFICIk RECORDS SAN DIEUl WlRliy l?EC!MWS OFFICE GREGORY gimHt yTYYliaRlER : .
City Clerk
City of Carlsbad
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
Space above this line for Recorder’s Use
NOTICE OF COMPLETION
Notice is hereby given that:
1. The undersigned is owner of the interest or estate stated below in the property hereinafter described.
2. The full name of the undersigned is City of Carlsbad, a municipal corporation.
3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008.
4. The nature of the title of the undersigned is: In fee.
5. A work of improvement on the property hereinafter described was completed on November 10, 1998.
6. The name of the contractor, if any, for such work of improvement is HT Development & Construction.
7. The property on which said work of improvement was completed is in the City of Carlsbad, County of San
Diego, State of California, and is described as the 1998 Downtown Sidewalk Interim Repair Project.
8. The address of said property is within the limits of the City of Carlsbad.
Publicworks Director/City Engineer
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the
Public Works Director of said City accepted the above described work as completed and ordered that a Notice
of Completion be filed.
I declare under penalty of perjury that the foregoing is true and correct,
Executed on December 10 , 1998, at Carlsbad, California.
CITY OF CARLSBAD
I ALETHA L. RAfiENK@,NZ
City Clerk
-
KAREN R. KUNDTZ, Assistant City Clerk
719196 REV.
#: 3w
CITY OF CARLSBAD
San Diego County
California
OPEN MARKET
CONTRACT DOCUMENTS AND SPECIAL PROVISIONS
FOR
1998 DOWNTOWN SIDEWALK
INTERIM REPAIR PROJECT
CONTRACT NO. 36054
418197
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TABLE OF CONTENTS
m Paae
NOTICE INVITING BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
CONTRACTOR’S PROPOSAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
DESIGNATION OF SUBCONTRACTORS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY . . . . . ..*....................................... 13
BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
BIDDER’S CERTIFICATE OF INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
BIDDER’S STATEMENT RE: DEBARMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..*.................................. 19
CONTRACT - PUBLIC WORKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
REPRESENTATION AND CERTIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
ESCROW AGREEMENT FOR SURETY DEPOSITS IN LIEU OF RETENTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
SPECIAL PROVISIONS
I. SUPPLEMENTARY GENERAL PROVISIONS TO STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
II. SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR
PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS . . . . . . . . . . . . . . 48
III. SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS . . . . . . . . . . . . . . . . . 50
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4/8/97
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CIN OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Sealed bids will be received at the Cffice of the Purchasing Officer, City Hall, 1200 Carlsbad
Village Drive, Carlsbad, California 92008-1989, until 4:00 P.M. on the 17fi day of
1 1998, for performing the work as follows: I
1998 DOWNTOWN SIDEWALK INTERIM REPAIR PROJECT
OPEN MARKET CONTRACT NO. 36064
The work shall be performed in strict conformity with the specifications on file with the
Engineering Department. The specifications for the work include the Standard Soecifications of Public Works Construction, 1997 Edition, all hereafter designated “SSPWC” as issued by the
Southern California Chapter of the American Public Works Association and as amended by the
special provisions sections of this contract. Reference is hereby made to the specifications for
full particulars and description of the work.
The City of Carlsbad encourages the participation of minority and women-owned businesses.
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available and where appropriate.
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The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding
when a contractor or subcontractor has been debarred by 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:
1. Contractor’s Proposal
2. Non-Collusion Affidavit
3. Designation of Subcontractors
and Amount of Subcontractors Bids
4. Certificate of Insurance
5. Bidder’s Statement of Financial
Responsibility
6. Bidder’s Statement of Technical Ability and
Experience
7. Bidder’s Statement re: Debarment 8. Bidder’s Disclosure of Discipline Record
9. The Open Market Contract-Public Works
10. Purchasing Department Representation and
Certification
11. 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 City’s Estimate is $23,124.
No bid shall be accepted from a contractor who is not licensed in accordance with the provisions of California state law. The contractor shall state their license number, expiration
date and classification in the proposal, under penalty of perjury. The following classifications
are acceptable for this contract: “A” or “C-8” in accordance with the provisions of state law.
3 418197
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 in lieu of the usual 10% retention from each payment, these documents must be completed and
submitted with the signed contract. The escrow agreement may not be substituted at a later
date.
Sets of plans, special provisions, and Contract documents may be obtained at the Purchasing
Department, City Hall, 1200 Carlsbad Village Drive, Carlsbad, California, for a non-refundable
fee of $15.00 per set. If plans and specifications are to be mailed, the cost for postage should
be added.
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor
irregularity or informality in such bids.
The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the
Sections 1770,1773, and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor
Code, a current copy of applicable wage rates is on file in the Cfftce of the City Engineer. The
Contractor to whom the Contract is awarded shall not pay less than the said specified
prevailing rates of wages to all workers employed by him or her in the execution of the
Contract.
The Prime Contractor shall be responsible for insuring compliance with provisions of Section
1777.5 of the Labor Code and Section 4100 et seq. of the Public Contracts Code, “Subletting and Subcontracting Fair Practices Act.” The City Engineer is the City’s “duly authorired officer”
for the purposes of Section 4107 and 4107.5.
r 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 not 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.
418197
Insurance is to be placed with insurers that have (1) a rating in the most recent Best’s Key
Rating Guide of at least A-:V, and (2) are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to
meet the specification of this contract must: (1) meet the conditions stated above for all insurance companies and (2) cover anv vehicle used in the performance of the contract, used
onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-
scheduled. The auto insurance certificate must state the coverage is for “any auto” and
cannot be limited in any manner.
Workers’ compensation insurance required under this contract must be offered by a company
meeting the above standards with the exception that the Best’s rating condition is waived. The
City does accept policies issued by the State Compensation Fund meeting the requirement for
workers’ compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. Any
additional cost of said insurance shall be included in the bid price.
The award of the contract is contingent upon the Contractor submitting the required insurance as described in the contract, within twenty days. If the contractor fails to comply with these
requirements, the City may award the contract to the second or third lowest bidder and the bid
security may be forfreted.
The prime contractor and subcontractors are required to have and maintain a valid City of
Carlsbad Business License for the duration of the contract.
BY SUBMllTING A BID YOU ARE INDICATING THAT YOU ARE CAPABLE OF- AND WILLING TO OBTAIN INSURANCE THAT MEETS THESE REQUIREMENTS. WORK ON THIS PROJECT WILL NOT BEGIN UNTIL THE SUCCESSFUL BIDDER HAS SUBMKTED PROOF THAT THE PROPER INSURANCE HAS BEEN OBTAINED. PROOF OF PROPER INSURANCE MUST BE
RECEIVED BY THE CITY WlTHIN 20 BUSINESS DAYS OF NOTIFICATION OF AWARD, OR
AWARD MAY BE WlTHDRAWN.
alA 7@4 Pw Date Gk
Ruth F tcher, Purchasing Officer
4w97
CITY OF CARLSBAD
OPEN MARKET
1998 DOWNTOWN SIDEWALK
INTERIM REPAIR PROJECT
OPEN MARKET CONTRACT NO. 3605-l
CONTRACTOR’S PROPOSAL
City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008-l 989
The undersigned declares he/she has carefully examined the location of the work, read the
Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to furnish all
labor, materials, equipment, transportation, and services required to do all the work to complete Open Market Contract No. 3605-l in accordance with the Plans and Specifications of
the City of Carisbad, and the Special Provisions and that he/she will take in full payment
therefor the following unit prices for each item complete, to wit:
Item No. DescriDtion
rC 1 Construct PCC Sidewalk per
3
Approximate Quantity and Unit Unit Price QtaJ
1,799 SF
Dollars per Square Foot
7s 13‘ y 4-2,&p
uct PCC Border per Detail at
Dollars per Square Foot
Construct Type G Curb and Gutter per SDRSD G-2 at \ IL- AA
Dollars per Linear Foot
Adjust Handhold to Grade at
d ,qxJ
Dollars Each
91 SF // /m/.
9 LF SD 2 70 ,
2 EA 6.D 13=360
4/8/97
Approximate
.- Item i !Y!2%
5
6
7
8
9
rC
DescriDtion
Install Handhold Lid per
Dollars Each
d-
Dollars Each
Construct O”-6” PCC Curb per Carlsbad Standard Dwg. GS-20 at
d ”
Dollars per Linear Foot
Patch Existing Cross-Gutter at
-h~Ia db-W>Gd ATIL~, hewdd
Dollars (Lump Sum)
Dollars Each
‘6uantity and Unit
1EA
11 EA
10 LF
1 LS
4EA
Unit Price
a
l430
Total amount of bid in words: fw &i& ho %$.u-w3& A-W&U .I c&tL&&~
Total amount of bid in numbers: $ 2 2 ,7 4 3 ‘ ‘2 Lit32 .
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s). has/have been received and is/are included in this proposal. ’
The Undersigned has checked carefully all of the above figures and understands that the City
will not be responsible for any error or omission on the part of the Undersigned in preparing this bid.
The Undersigned agrees that in case of default in executing the required Contract with necessary [ ] Bonds [applicable only if checked] and insurance polices within twenty (20) days from the date of award of contract by the City the City may, administratively authorize the award of the contract to the second or third lowest bidder.
OPENED, WITNESSED AND RECORDED:
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4/8/97
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The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a co P ractor within the State of California, validly licensed under license number 74 52 S-6 , classification c/o c36J which expires on /- 3f-2Ol3U 1 ent is true and
correct and has the legal effect of an affidavit.
, and that yhi&G, ~~$
A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the
Business and Professions Code shall be considered nonresponsive and shall be rejected by
the City. ’ 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law.
However, at the time the contract is awarded, the contractor shall be properly licensed. Public
Contract Code ’ 20104.
The Undersigned bidder hereby represents as follows:
1. That no Council member, officer agent, or employee of the City of Carlsbad is
personally interested, directly or indirectly, in this Contract, or the compensation to
be paid hereunder; that no representation, oral or in writing, of the City Council, its offtcers, 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
2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or
fraud.
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.
. . . .
. . . .
. . . .
. . . .
..,.
. . . .
. . . .
. . . .
8 4/8/97
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, - relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions.
IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname) of proprietor
(3) Place of Business (Street and Number)
City and State
(4) Zip Code Telephone No.
IF A PARTNERSHIP. SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname and character of partner) (Note: Signature must be
made by a general partner)
(3) Place of Business - (Street and Number)
City and State
(4) Zip Code Telephone No.
9 4lW97
IF A CORPORATION. SIGN HERE: .-
(1) Name under which business is conducted 1 -I- P&‘~Yv%! $ bh&-.
(2)
Title
Impress Corporate Seal here
(3) Incorporated under the laws of the State of C& h t-&x, u
(4) Place of Business 1176 --l-kcmas t!fLu/ws L-u
(Street and timber)
City and State San 0-jafio & J
(5) Zip Code %x/s& Telephone No. 614 - S?-!q- 0 762 _
-NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL SIGNATORIES MUST BE TTACHED
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:
.
.
c
10 4/8/97
i State of California On 4- /6-48 before me, #+4 fq /3 ya’
: ss. (date) (name and title of officer)
: : : County of SM7V @i&%0 VJI Ttww pvf$c;c , personally appeared . : . : : : . . : : .
)-
I
: : : . : . .
HVOAlb w f Iis4 cutqv
personally known to me (or proved to me on the basis of satisfactory evidence;
to be the person(s) whose name(s)js/are subscribed to the within instrument
and acknowledged to me that b&he/they executed the same in hi&her/their
authorized capacity(ies), and that by hi&her/their signature(s) on the instru-
ment the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official
- Notary’s Signature
CERTIFICATE OF ACKNOWLEDGMENT
~~ .-..---
DESIGNATION OF SUBCONTRACTORS (To Accompany Proposal)
The Contractor certifies he/she has used the sub-bids of the following listed Contractors in making up his/her bid and that the sub-contractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with applicable provisions of the specifications and Section 4100 et seq. of the Public Contracts Code --
“Subletting and Subcontracting Fair Practices Act.” No changes may be made in these
subcontractors except upon the prior approval of the City Engineer of the City of Carlsbad.
The following information is required for each sub-contractor. Additional pages can be
attached if required:
This project does have bid items designated as “SPECIALTY ITEMS.”
Items of
Work Full Comoanv Name
Complete Address Phone No.
with Zip Code & Area Code
11 4/a/97
AMOUNT OF SUBCONTRACTORS’ BIDS rC (To Accompany Proposal)
The bidder is to provide the following information on the subbids of all the listed subcontractors
as part of the sealed bid submission. Additional pages can be attached, if required.
Full Comoanv Name
Type of State Contracting
License & No.
Carlsbad Business License No.* Amount of Bid I$ or O/)
’ Licenses are renewable annually. If no valid license, indicate “NONE.” Valid lichse must be
obtained prior to submission of signed Contracts.
12 4/8/97
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.”
13 4/8/97
H V De1 ve/opment & Consfrucfion, Inc.
AA 1 8190 E Mira Mesa Blvd. # 200 l San Diego, CA 92126
Tel. (619) 549-4762 l Fax. (619) 549-7360
License # 745256
BALANCE SHEET
(As of Sept 9, 1998)
ASSETS --
Liquid Assets Cash in Bank Checking-Wells Fargo
Checking-Bank of America
Checking-Home Savings
Property-free & cleas
53,243.82
35,396.26
19,418.23
8 0 , 000 . 00
Total Liquid Assets 188,058.31
Fixed Assets Office Furniture & Fixture Machineries & Equipments
Total Fixed Assets 48, 500. 00
Total Assets 236,558.31
LIABILITIES
Total Liabilities
NETWORTH
5, 500. 00
43,000.00
0. 00
236,558.31
I .! LJT Development & Consfrwfionf Ins.
8190 E Mira Mesa Blvd. # 200 l San Diego, CA 92126
Tel. (619) 549-4762 l Fax. (619) 549-7360
License # 745256
PROFIT b LOST STATEMENT (As of September 9, 1998)
ACOUNT RECEIVABLE: Debbie Lee
City bf San Diego City bf San Diego City of Poway City of Corona Fallbrook Unify School
Total
EXPENSES: Material
Lebor Permit & Fee Other Cost
Accounting Bank Charged Office Expense Telephone
Total 146,849.62
NET PROFIT: 87958.40
53,(100.00
25,663.02 4,998.OO 49,297.oo
7 2 , 8 5 0 . 00 2 9 , 000 . 00
234,808.02
72,219.16 44,922.28
2,562.85 24,337.31
100.00 57.60
933.68 1,716,74
BIDDER’S 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 he/she has successfully performed and give references, with telephone
numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used.
14 4/a/97
BIDDER’S CERTIFICATE OF INSURANCE.FOft GENERAL UABILITY, EMPLOYERS LIABILITY, AUTOMOTIVE LIABILIN AND WORKERS’ COMPENSATION (To Accompany Proposal)
As a required part of the Bidder’s proposal the Bidder must attach either of the following to this
page.
Certificates of insurance showing conformance with the requirements herein for:
Comprehensive General Liability
Employer’s Liability Automobile Liability
Workers Compensation
Statement with an insurance carrier‘s notarized signature stating that the carrier can, and upon
payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance
for Comprehensive General Liability, Employer’s Liability, Automobile Liability and Workers
Compensation in conformance with the requirements-herein and Certificates of insurance to the Agency showing conformance with the requirements herein.
All certificates of insurance and statements of willingness to issue insurance for auto policies
offered to meet the specification of this contract a must: (I) meet the conditions stated in The
Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Special
Provisions for this project for each insurance company that the Contractor proposes, and (2)
cover anv vehicle used in the performance of the contract, used onsite or offsite, whether
owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance
- certificate must state the coverage is for “any auto” and cannot be limited in any manner.
15 4/8/97
A CORD
TM . ..i .., ,..>::.>>:.:.:.:. .: :.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.,.:.:.:.:.:.:.:.:.:.: :.:,:,: .,.. . . ,. .:... PROD"CER E G S INSURANCE SERVICES THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
6615 FLANDERS DRIVE SUITE A ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
- SAN DIEGO,, CA 92121 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY CENTURY NATIONAL INSURANCE CO. A Ah" U[( *
INSURED HT DEVELOPMENT & CONSTRUCTION COMPANY CLARENDON NATIONAL INSURANCE CO. 8190 MIRA MESA BLVD. #200 B 9- 1/ . ,// &&I@* SAN DIEGO, CA 92126 COMPANY C
COMPANY
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAL BEEN REDUCED BY PAID CLAIMS.
6: TYPE OF INSURANCE
B GENERAL LIABILITY
POLICY NUMBER
GL10004450
POLICY EFFECTIVE POLICY EXPIRATION
DATE (MMIDD/YY) DATE (MMIDDMY)
x COMMERCIAL GENERAL LIABILIN
CLAIMS MADE El OCCUR
OWNER’S &CONTRACTOR’S PROT X $500 DED.
A AUTOMOBILE UABILIN BAP-050198
ANY AUTO
06/26/98 06/26/99 GENERALAGGREGATE $ 1000000
PRODUCTS - COMP/OP AGG $ 1000000
PERSONAL& ADV INJURY $ 1000000
EACHOCCURRENCE 5 1000000
FIRE DAMAGE (Any one fire) 5 50000
MED MP (Any one person) $ 1000 05/01/98 05/01/99 COMBINED SINGLE LIMIT 5 1000000
ALL OWNED AUTOS
- x SCHEDULED AUTOS
x HIRED AUTOS
ANY AUTO
I
THE PROPRIETOR/
PARTNERS/EXECUTIVE INCL
OFFICERS ARE: EXCL
R OTHER
PHYSICAL DAMAGE
EL EACH ACCIDENT 5
EL DISEASE. POLICY LIMIT 5
EL DISEASE - EA EMPLOYEE 5
i DED. BAP-050198
I I c )ESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPEClAL ITEMS
t ZERTIFICATE HOLDER IS LISTED AS ADDITIONAL INSURED.
I RE: 1998 DOWMTOWN SIDEWALK INTRIM REPAIR PROJECT OPEN MARKET-CONTRACT# 3605-l
LIMITS
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERN DAMAGE 5
AUTO ONLY - EA ACCIDENT 1 $
OTHER THAN AUTO ONLY:
. . . . . . ;$
.A =TY OF CARLSBAD .OO CARLSBAD VILLAGE DR. CARLSBAD, CA 92008-1989
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUINQ COMPANY WILL ENDEAVOR TO MAIL
30 DAYS WRllTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
I5
WC STATU- TORY LIMITS OETRH-
FROM : SRN DIEGO OFFICE PHONE NO. : 00 Oct. 09 1998 11:23F1M P3
“.-
POLICY NUMBER: GL10004450 - 1 COMMERCIAL GENERAL LIABILITY
CG 20 09 IO 93
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ XT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM A)
This endorsement modifies insurance provided under the following:
COMMBRClAL GENERAL LIABILITY COVERAGE PART
SCEFEDULE
Name of Person or Organhtion (Additional Insured): : ,. ‘..,. . : :’ ;:’ : : ‘. :, .‘;;,‘.I ,;.. ,,‘, ;.,, . . . . ., ,,:...: ,.. ; :,,,,.: ” “. ,. City Of Cahbad,
1200 Carl&ad Village Dr. Carlsbsd, CA. 9200&1989
Locatiqn qf
:. ,, ,‘. ‘: ,“, : ,, .., : Covered Operationi .: ; ,;,’ :’ 5 ‘:,’ : .~. > ,:. .Q,” :,, ,:::,: .,:. . ; y!““., ,: ;,, .-:.. .,,%.. :
1998’Downto& &dew& Intrim,
: : ,,:, ,, :. :
Bodily Injnry and Property Damage Liability Endorsement Effective Date:
.- 1 ,ooo,ooo 10110/98
(If no ontry appears above, information required to complete this endorsement will be shown in the Declarations as applicable
to this endorsement.)
1. WHO IS AN INSURED (Section II) is amended to (2) “Bodily injury” or “property damage” occurring
include as an insured the person or organization (called after:
: ‘. ’ :
“additional insured”) shokn in the Schedule but only
with respect to liability arising out of:
A. Your ongoing operations performed for the addi- tional insured(s) at the location designated above; or
B. Acts or omissions of the additional insured(s) in
connection with their general supervision of such opertitions.
(9
.2. Wthresnect to the insurance affordedthese additional insureds; the following additional provisions apply:
A. Exclusions b., c., g., h.(l), j., k, 1. and n. under COVERAGE A - BODILY INJURY AND PROP-
ERTY DAMAGE LIABILITY (Section I - Cover-
ages) do not apply.
09
B. Additional Exclusions. This insurance does not apply to:
(1) “Bodily injury” or “property damage” for which
the additional insured(s) are obligated te pay
damages by reason of the assumption of liability
in a contract or agreement. This exclusion does
not apply to liability for damages that the addi- lional insured(s) would have in the absence of
the contract or agreement.
(3)
141
“Bodily injury” or “property damage” arising
out of any act or omission of the additional in-
sured(s) or any of their “employees”, other than
the general supervision by the additional in- sured(s) of your ongoing operations performed
for the additional insured(s).
“Property damage” to:
,-
. -,
All work, including materials, parts or
equipment furnished in connection with such work, en the project (other than service,
maintenance or repairs) to be performed by
or on behalf of the additional insured(s) at the site of the covered operations has been
completed; or
That portion of “your work” out of which the injury or damage arises has been put to its
intended use by any person or organization other than another contractor or subcontrao
tor engaged in performing operations for a principal as a part of the same project.
(a) Property owned, used or occupied by or rented to the additional insured(s);
CG 20 09 10 93 Copyright, Insurance Services Office, Tnc., 1992 Page 1 of 2
FROM : SRN DIEGO OFFICE
e CG20091093
‘..’ : ,’ ;’
: ;‘, “.’ :’ ,,
,:, : ,, ,, ,,,+,;:. ‘, ‘I,
s, ,,,,, 1 ” ,.
.-
PHONE NO. : 00 Oct. 09 1998 11:24FIM P4
Copyright, Insurance Services Office, Inc., 1992 Page 2 of 2
., ., ;,’ “, “, ,, :
FROM : SFlN DIEGO OFFICE PHONE NO. : 00 Oct. 09 1998 11: 23FIM P2
,
- THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
POLICY CHANGES
:
1: ‘,,
/--
.‘:, ‘, , ,.,,‘.
Policy Change
Number 4
POLICY NUMBER
GL10094450 - 1
POLICY CHANGES
EFFECTIVE
10110198
COMPANY
Clarendon National Insurance Co.
NAMED NUR&
DBA: H.T. Development & Construction
AU-IHORIZED REPRESENTXIWE
:.
&EF~GE Pms AFFECTED :.‘: ,, “’
CHANGES
It .Is hereby understood and agreed that the policy has been amended as follows:
CG 20 09 Added
All other terms and conditions remain the same.
PREWIIUM CHANGE: $0.00
to1 I98
IL1201 1185
Authorized Representative Signature
Copyright Insurance Services Office, Inc., 1983
Copyright, IS0 Commercial Risk Services, Inc;.. 1983 Page 1 of 1
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STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807
COMPENSATION
INSURANCE FUND CERTIFICATE OF WORKERS’ COMPENSATtON INSURANCE
SEPTEHBER 25, $998 POLICY NUMBER; 1479202
CERTIFICATE EXPiRES: 4-l-99
r CITY OF CARLSBAD ATTN: PURCHASIWG DEFT 1200 CARLSBAD VfLLAGE DR. CARLSBAD CA 920043.1939 JOB: CONTRACT t3605-1 1998 DOWNTOWN SIDEWALK
- 98
INTERIW REPAIR PROJECT
L OPEN WARKET
This is to certify that we have issued a valid Workers’ Compensation insurance policy in a form approved by the California
Insurance Commissioner to the employer named below for the polic 3d period indicated.
This policy is not subject to cancellation by the Fund except upon%% days’ advance written notice to the employer.
30
We will also give you irffN days’ advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the
policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with
respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies
described herein is subject to all the terms, exclusions and conditions of such policies.
h&- K-
AUTHORIZED REPRESENTATIVE PRESIDENT
EKPLOYER'S LIABILITY LINIT INCLUDING DEFENSE COSTS: Sl,000,000 PER OCCURRENCE.
ENDORSEWENT #0015 ENTITLED ADDITIONAL INSURED EKPLOYER EFFECTIVE 09/25/98 IS ATTACHED TO AND FORKS A PART OF THIS POLICY. NAHE OF ADDITIONAL INSURED: CITY OF CARLSBAD
ENDORSEKENT t2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 09125198 IS ATTACHED TO AND FORMS A PART OF THIS POLICY.
EMPLOYER
r
HT DEVELOPKEKT AKD CONSTRUCTION 11715 THOKAS HAYES LN SAN DIEGO CA 92126 NR
BIDDER’S STATEMENT RE: DEBARMENT ,t c (To Accompany Proposal)
1. Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California?
yes. I\ no
2. If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of
debarment(s)? Attach additional copies of this page to accommodate more than two debarments.
party debarred party debarred
agency agency
period of debarment period of debarment
BY CONTRACTOR:
#7 Jweig/7~+ e C0mSfru~o~
(name of Contractor)
By:
(sign here)
/-bAh- t (print name/title)
16 48197
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal)
Contractors are required by law to be licensed and regulated by the Contractors’ State License
Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a
patent act or omission is filed within four years of the date of the alleged violation. A complaint
regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the
Registrar, Contractors’ State License board, P.O. Box 26000, Sacramento, California 95826.
1. Have you ever had your contractor’s license suspended or revoked by the California Contractors’ State license Board two or more times within an eight year period?
A- yes no
2. Has the suspension or revocation of your contractors license ever been stayed?
Yes
3. Have any subcontractors that you propose to perform any portion of the Work ever had their
contractor’s license suspended or revoked by the California Contractors’ State license Board two or
more times within an eight year period?
4. Has the suspension or revocation of the license of any subcontractor’s that you propose to
perform any portion of the Work ever been stayed?
yes , - no
5. If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the
violation and the disciplinary action taken therefor.
(Attach additional sheets if necessary)
17 4/8/97
f--
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED)
(To Accompany Proposal)
6. If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party
who’s discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed.
(Attach additional sheets if necessary)
BY CONTRACTOR:
--/+7 hx&hlwd * (Pv,stYud~o~
(name of Contractor)
By:
(sign here)
wo&+ cf
(print name/title)
18 418197
I
NON-COLLUSION AFFlDAVlT TO BE EXECUTED
BY BIDDER AND SUBMITlED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
State of California )
County of SAd BjT 3 ) ss. ) Y
Lzol&j L--i t
(Name ef Bidder)
being first duly sworn, deposes
and says that he or she is ffe s; uia*
of HT DQ.@2-&Qy-YJf?& CrW e ‘1 3l-V~C,f-7 -/
(Name of Firm) ’
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is
genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited
any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall
refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other
bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further,
that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown - thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not
pay, any fee to any corporation, partnership, company association, organization, bid depository, or
to any member or agent thereof to effectuate a collusive or sham bid.
I declare under penalty of perjury that the foregoing is true and correct and that this affidavit was
executed on the lb-@ day of Ce-p-tmb &- I ,199d.
Signaturb of Bidder
Subscribed and sworn to before me on the /6 ‘tcL day of SW~GYBCR, ) 1978
(NOTARY SEAL)
Signaturkof Notary
19 4/8/97
OPEN MARKET CONTRACT- PUBLIC WORKS
This agreement is made this aT74 day of OG7bm 19%?, by
and between the City of Carlsbad, California, a municipal corporation, (hereinafter called “City”), and whose principal place
of business is HT DEVELOPMENT AND CONS I RUC I ION
(hereinafter called “Contractor”.)
City and Contractor agree as follows:
1.
2.
3.
4.
5.
Description of Work. Contractor shall perform all work specified in the Open Market Contract documents for:
1998 DOWNTOWN SIDEWALK INTERIM REPAIR PROJECT OPEN MARKET CONTRACT NO. 3605-l
(hereinafter called “project”)
Provisions of Labor and Materials. Contractor shall provide all labor, equipment, and personnel to perform the work specified by the Open Documents.
materials, tools, Market Contract
Open Market Contract Documents. The Open Market Contract Documents consist of this Contract, Notice Inviting Bids, Contractor’s Proposal, Designation of Subcontractors, Bidder’s Statements of Financial Responsibility and Technical Ability, Non-collusion Affidavit, Escrow Agreement, the Plans and Specifications, the Special Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Open Market Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor’s expense to fulfil1 the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Open Market
Contract Documents, and the City’s decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance.
Pavment. For all compensation for Contractor’s performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for Public Works Construction (SSPWC) 1994 Edition, and the 1995 and 1996 supplements thereto, hereinafter designated “SSPWC”, as issued by the Southern California
Chapter of the American Public Works Association, and as amended by the Special Provisions section of this contract. The project manager will close the estimate of work completed for progress payments on the last working day of each month.
lndeoendent Investiaation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor’s convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City.
20 4/8/97
6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any:
A. f-&ardous Waste. Material that Contractor believes may be material that is hazardous
waste, as defined in section 25117 of the Health and Safety Code, that is required to be
removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law.
B. Differina Conditions. Subsurface or latent physical conditions at the site differing from those indicated.
C. Unknown Phvsical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.
City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor’s costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract.
In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor’s cost of, or time required for, performance of any part of the work, contractor
shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties.
/- 7. lmmiaration Reform and Control Act. Contractor certifies he is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC Sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract.
8. Prevailina Waae. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, Section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, Section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job
site.
9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys fees for litigation, arbitration, or other dispute resolution method.
21 418197
Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel.
19. Insurance. Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. Said insurance shall meet the City’s policy for insurance as stated in Resolution No. 91-403.
(A) COVERAGES AND LIMIT-: Contractor shall maintain the types of wverages and minimum limits indicted herein:
1. ComDrehensive General Liabilitv Insurance: $l,OOO,OOO combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insureds.
2. Automobile Liabilitv Insurance: $1 ,OOO,OOO w m me b’ d single limit per accident for bodily injury and property damage. In addition, the auto policy must cover anv vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for “any auto” and cannot be limited in any manner.
3. Workers’ Comoensation and EmDlOVerS’ Liabilitv Insurance: Workers’ compensation limits as required by the Labor Code of the State of California and Employers’ Liability limits of $l,OOO,OOO per incident. Workers’ compensation offered by the State Compensation Insurance Fund is acceptable to the City.
(B) ADDITIONAL PROVISIONS-- Contractor shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions. General Liability and Automobile Liability Coverages:
1. The City, its officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers.
2. The Contractor’s insurance coverage shall be primary insurance as respects the City,
its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor’s insurance and shall not contribute with it.
3. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers.
4. Coverage shall state that the contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
22 4/8/97
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(C) “CLAIMS MADE” POLICIES- If the insurance is provided on a “claims made” basis, coverage shall be maintained for a period of three years following the date of completion of the work.
(D) NOTICE OF CANCELLATION- Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be suspended, voided, canceled, or reduced in coverage or limits except after thirty (30) days’ prior written notice has been given to the
City by certified mail, return receipt requested.
(E) DEDUCTIBLES AND SELF-INSURED RETENTION (S.I.R.) LEVELS- Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses.
(F) WAIVER OF SUBROGATION- All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees.
(G) SUBCONTRACTORS- Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor.
Coverages for subcontractors shall be subject to all of the requirements stated herein.
(H) ACCEPTABILITY OF INSURERS- Insurance is to be placed with insurers that have a rating in Best’s Key Rating Guide of at least A-:V, and are authorized to transact the business of insurance by the Insurance Commissioner under the standards specified in by the City Council in Resolution No. 91-403.
(I) VERIFICATION OF COVERAGE- Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before work commences.
(J) COST OF INSURANCE- The Cost of all insurance required under this agreement shall be included in the Contractor’s bid.
Il. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in the Special Provisions I section. The contractor shall initially submit all
claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section
900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement.
(A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation.
(B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution.
23 4/8/97
0
W
(El
F)
(G)
Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. Penaltv Recoverv If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney’s fees.
Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years.
Carlsbad Municioal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding.
I have read and understand all provisions of Section 11 above. iw.4
12.
,,-
13.
14.
15.
. . . .
. . . .
..,.
. . . .
r- . . .
Initial
Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with Sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor’s principal
place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records.
Labor Code Provisions. The provisions of Part 7, Chapter I, commencing with Section 1720 of the Labor Code are incorporated herein by reference.
Securities in the fom, of cash, cashier’s check, or certified check may be substituted Securitv. for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract.
Provisions Reauired bv Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction.
24 4/8/97
.
16. Additional Provisions. Any additional provisions of this agreement are set forth in the “General Provisions” or “Special Provisions” attached hereto and made a part hereof.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE AlTACHED
(CORPORATE SEAL)
CONTRACTOR:
HT De.d~pv+,vt & ~arts+~-A'w
(name of Contractor)
By:
(sign here)
HlJorZrCr LJ, fRC%IiDWT
(print name and title)
CITY OF CARLSBAD a municipal corporation of the State of California
By:
Assistant City Manager
ATTEST:
(sign here)
-- - \R& .Y 4x-P-Q - S~dlA/k/
(print name and title) “3’
President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
By:
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25 4/ 8197
I I
CERTIFICATE OF ACKNOWLEDGMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..~...... : : State of California
-
On -a-FB before me, : OP ugd &Jr’ : : . ss. (date) (name and title of officer) :
; County of Z4d D;E4-0 : :
Afti%TFzV PO R(r‘C
‘;
, personally appeared i . : . ffL/o/vcj B. CY +f 7fq ; . CHAU :
: . personally known to me (or proved to me on the basis of satisfactory evidence; i
: to be the person(s) whose name(s)-i&are subscribed to the within instrument : . . and acknowledged to me that h&be/they executed the same in-r/their : : : authorized capacity(ies), and that by his&r/~heir signature(s) on the instru- i
: ment the person(s), or the entity upon behaif of which the person(s) acted, i
: executed the instrument. : : WITNESS my hand a : : : : . : . . . 4 Notary’s Signature :
,* : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..*......................................
CITY OF CARLSBAD Purchasing Department 1200 Carlsbad Village Drive Carkbad CA 92008
REPRESENTATION AND CERTIFICATION
The followina reoresentation and certification shall be completed, signed and returned to City of Carlsbad as a part of the 6.l package.
REPRESENTATIONS: Mark all applicable blanks. This offeror represents as part of this offer that the ownership, operation and control of the business, in accordance with the specific definitions listed below is:
te Ethnic Ownershi
DEFINITIONS:
MINORITY BUSlNESS ENTERPRISE: “Minority Business” is defined as a business, at least 51 p-cent of which is owned, operated and controlled by jrity 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 defines the socially and economically disadvantaged (minorities) as Black American, Hispanic American, Native Americans (i.e. American Indian, Eskimos, Aleuts and Native Hawaiians), and Asian-Pacific Americans (i.e., U.S. Citizens whose origins are from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan).
Are you currently certified by CALTRANS? YES NO !d
Certification #:
CERTIFICATION OF BUSINESS REPRESENTATIONfSk
Mark all applicable blanks. This offeror represents as a part of this offer that:
This firm is_3L, is not- a minority business. This firm isd, is not- a woman-owned business.
WOMAN-OWNED BUSINESS: A woman-owned busi- ness is a business of which at least 51 percent is owned, controlled and operated by a woman or women. Controlled is defined as exercising the power to make policy decisions. Operation is defined as actually involved in the day-to-day management.
FIRM’S PRIMARY PRODUCTS OR SERVICE:
G& (-0d-r 1 &$Ofi
CONSTRUCTION CONTRACTOR:
CLASSIFICATION(S): pl,B‘ClO,C3L
LICENSE NUMBER: -74 52 5-L
TAXPAYERS I.D. NO. 3T- 07’pZB~~
CERTIFICATION: The information furnished is certified to be factual and correct as of the date submitted.
/Audr Ly PRINTED NAME
ii-712 7hamHi &wQs ,i-w ADDRESS
S4M +oielqo LA 92/d CITY, STATE r(ND ZIP
La- cv? TELEPHONE NUMBER 47bb
P&.G D En) T TITLE
SlGNAtURE
9 - t6- 98
DATE
r
26 4/8/97
s E p - 1 7 - -3 ::: 8 ‘3 :51 AM I; I\.’ p ,: 0 1.4 !:; 1-I L T 9 t-4 T !:: 7 E. 8 ‘34 1 5147
F---- September j 7, 1908
930 a.m.
TO: Frank D’Agostini, DCC
Huong Ly, H T Development & Construction, Inc.
Marc Collins, American Bobcat and Backhoe Service
Robert Navarro, FormTech General Contractor
1998 DOWNTOWN SIDEWALK INTERIM REPAIR PROJECT
PRCIJECT NO. 3605-l
CLARIFICATfON REGARDING PERMANENT SUR
Within the limits of work for this project there are a number of washers affixed to
curbs stamped with “City of Carlsbad” and a number, or similar markings. Some
washers may be in areas to be removed and replaced. These washers h
locate booths for the semi-annual street fairs and related events. Unless
an “LS” or “RI? or “RCE” number, they are not permanent survey markers covere
: 1 in the Standard Specifications.
The Jvashers are covered by Sec. 7-9 as existing improvements, a
or replaced in the same location. Where a washer is affixed to curb or sidewalk th
and replaced, that washer shall be removed prior to demolition of the existing c
and affixed to the new curb/sidewalk within 15 cm (6”) of the previous location.
affixing the washer to the new concrete will be the same method used to affix t
old concrete that was removed.
Gien K. Van Peski, P.E.
Consultant Project Manager
c: Walter Brown, Principal Civil Engineer
Judy Kirsch, Purchasing
..-
P. 81
--- _..
- _
Gi i .f &- (-Ahi&&
RISK ~.:,w~BEMENT
rf3r7
1200 Carlsbad Village Drive - Carlsbad, California 92008-I 989 . ((3 9) 434-2803
HT Development & Construction, Inc.
8190 E Mira Mesa Blvd. # 200 l San Diego, CA 92126
Tel. (619) 549-4762 l Fax. (619) 549-7360
er 6, 1998 License # 745256
Ruth Fletcher
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 9200% 1989
RE: 1998 Downtown sidewalk interim repair project
Dear Mrs. Fletcher;
I spoke to my insurance agent regarding:
1. Any vehicle : He said that policy is for car dealer and is not need for me as a
contractor. My policy cover all auto whether owned, non owned or hired, and whether
scheduled or non-scheduled, as the city request. In order to have the certificate of
insurance mark “Any vehicle” I have to purchase a different policy. We just purchased
this policy 4 months ago, and it is accepted by different city. The project is small so as
the profit, we would like to request that you can accept this policy so we don’t have
spend thousands dollars .
2. Additional endorsement for additional insurer: Since City of Carlsbad is added in the
Certificate, there no endorsement issued at this moment.
Enclosed please find certificate of acknowledgment for the contract.
Please review and let me know at 619-549-4762 if you need additional information.
Thank you for your help.
Sincerely yours;
HT DEVELOPMENT & CONSTRUCTION
Huong Ly
President
/- OPTIONAL
ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTlON
This Escrow Agreement is made and entered into by and between the City of Carlsbad whose
address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called “City
and whose address
is hereinafter
called “Contractor“ and whose
address is hereinafter
called “Escrow Agent.”
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as
follows:
1.
2.
3.
4.
5.
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 for
retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for
in the amount of dated
(hereinafter referred to as the “Contract”). Alternatively, on written request of the
contractor, the City shall make payments of the retention earnings directly to the escrow
agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The market value of
the securities at the time of the substitution shall be a least equal to the cash amount then
required to be withheld as retention under the terms of the contract between the City and
Contractor. Securities shall be held in the name of the 9 and shall designate the Contractor as the beneficial owner.
The City shall make progress payments to the Contractor for such funds which otherwise
would be withheld from progress payments pursuant to the Contract provisions, provided
that the Escrow Agent holds securities in the form and amount specified above.
When the City makes payment of retentions earned directly to the escrow agent, the escrow agent shall hold them for the benefit of the contractor until such time as the
escrow created under this contract is terminated. The contractor may direct the
investment of the payments into securities. All terms and conditions of this agreement
and the rights and responsibilities of the parties shall be equally applicable and binding
when the City pays the escrow agent directly.
The contractor shall be responsible for paying all fees for the expenses incurred by the
Escrow Agent in administering the Escrow Account and all expenses of the City, These
expenses and payment terms shall be determined by the City, Contractor and Escrow Agent.
The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the
City.
27 418197
/- 6.
8.
Contractor shall have the right to withdraw all or any part of the principal in the Escrow
Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be
withdrawn by Contractor.
The City shall have a right to draw upon the securities in the event of default by the
Contractor. Upon seven days’ written notice to the Escrow Agent from the City of the
default, the Escrow Agent shall immediately convert the securities to cash and shall
distribute the cash as instructed by the City.
Upon receipt of written notification from the City certifying that the Contract is final and
complete and that the Contractor has complied with all requirements and procedures
applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow
shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.
The Escrow Agent shall. rely on the written notifications from the City and the contractor
pursuant to Sections (4) to (6), inclusive, of this agreement and the City and Contractor
shall hold Escrow Agent harmless from Escrow Agent’s release, conversion and
disbursement of the securities and interest as set forth above.
The names of the persons who are authorized to give written notices or to receive written
notice on behalf of the City and on behalf of Contractor in connection with the foregoing,
and exemplars of their respective signatures are as follows:
For City:
For Contractor:
For Escrow Agent:
Title
Name
Signature
Address
Title
Name
Signature
Address
Title
Name
Signature
Address
At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow
Agent a fully executed counterpart of this Agreement.
28 418197
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on
the date first set forth above.
For City:
For Contractor:
Title
Name
Signature
Address
Name
Signature
Address
For Escrow Agent:
Name
Signature
Address
29 4/8/97
SPECIAL PROVISIONS
FOR 1998 DOWNTOWN SIDEWALK
INTERIM REPAIR PROJECT
OPEN MARKET CONTRACT NO. 3605-l
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART 1, GENERAL PROVISIONS
SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS
l-l TERMS
Add the following section:
l-1.1 Reference to Drawings. Where words “shown , ” “indicated”, “detailed”, “noted”, “scheduled”,
or words of similar import are used, it shall be understood that reference is made to the plans
accompanying these provisions, unless stated otherwise.
Add the following section:
,,-
l-l.2 Directions. Where words “directed”, “designated , ” “selected”, or words of similar import are
used, it shall be understood that the direction, designation or selection of the Engineer is intended,
unless stated otherwise. The word “required” and words of similar import shall be understood to
mean “as required to properly complete the work as required and as approved by the Engineer,”
unless stated otherwise.
Add the following section:
l-l.3 Equals and Approvals. Where the words “equal”, “approved equal”, “equivalent”, and such
words of similar import are used, it shall be understood such words are followed by the expression
“in the opinion of the Engineer”, unless otherwise stated. Where the words “approved”, “approval”, “acceptance”, or words of similar import are used, it shall be understood that the approval,
acceptance, or similar import of the Engineer is intended.
Add the following section:
l-l .4 Perform. The word “perform” shall be understood to mean that the Contractor, at its
expense, shall perform all operations, labor, tools and equipment, and further, including the
furnishing and installing of materials that are indicated, specified or required to mean that the
Contractor, at its expense, shall furnish and install the work, complete in place and ready to use,
including furnishing of necessary labor, materials, tools, equipment, and transportation.
I-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein.
Agency - the City of Carlsbad, California.
City Council - the City Council of the City of Carlsbad.
City Manager - the City Manager of the City of Carlsbad or his/her approved representative.
30 4/8/97
,- Dispute Board - persons designated by the City Manager to hear and advise the City Manager on
claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute
resolution.
Engineer - the City Engineer of the City of Carlsbad or his/her approved representative. The City
Engineer is the third level of appeal for informal dispute resolution.
Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original
Contract Price bid.
Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further,
such employees have their employment taxes, State disability insurance payments, State and
Federal income taxes paid and administered, as applicable, by the Contractor. When used in
Section 2-3.1 “own organization” means construction equipment that the Contractor owns or leases
and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an
operator is not part of the Contractor’s Own Organization and will not be included for the purpose of
compliance with section 2-3.1 of the Standard Specifications and these Special Provisions.
Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided
who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee
of the Agency or a public utility.
Principal Inspector - The Senior Inspector’s immediate supetvisor and second level of appeal for
informal dispute resolution.
/- Project Inspector - the Engineer’s designated representative for inspection, contract administration and first level for informal dispute resolution.
Senior Inspector - the Project Inspector’s immediate supervisor and first level of appeal for
informal dispute resolution.
SECTION 2 -- SCOPE AND CONTROL OF THE WORK
23 SUBCONTRACTS.
2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring
the Contractor to complete 50 percent of the contract price with its own organization, the Agency
may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of
the value of the work performed in excess of 50 percent of the contract price by other than the
Contractor’s own organization. The City Council shall be the sole body for determination of a
violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the City Council and shall be notified ten (10) days in advance of
the time and location of said hearing. The determination of the City Council shall be final.
2-4 CONTRACT BONDS, modify as follows: Delete the third sentence of the first paragraph having to do with a surety being listed in the latest revision of U.S. Department of Treasury Circular 570.
31 m/97
Modify Paragraphs three and four to read: The Contractor shall provide a faithful
performance/warranty bond and payment bond (labor and materials bond) for this contract. The
faithful performance/warranty bond shall be in the amount of 100 percent of the contract price and
the payment bond shall be in the amount of 50 percent of the contract price. Both bonds shall
extend in full force and effect and be retained by the Agency during this project until they are
released according to the provisions of this section.
The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days
after recordation of the Notice of Completion and will remain in full force and effect for the one year
warranty period and until all warranty repairs are completed to the satisfaction of the Engineer.
The payment bond shall be released six months plus 30 days after recordation of the Notice of
Completion if all claims have been paid.
Add the following: All bonds are to be placed with a surety insurance carrier admitted and
authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the
following documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or
other instrument entitling or authorizing the person who executed the bond to do so.
2) A certified copy of the certificate of authority of the insurer issued by the insurance
commissioner.
If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of
the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the
execution of the bond. The financial statement shall be made by an officer’s certificate as defined in
Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may
be verified by the oath of the principal officer or manager residing within the United States.
2-5 PLANS AND SPECIFICATIONS.
24.1 General, add the following: The specifications for the work include the Standard
Specifications for Public Works Construction, (SSPWC), 1997 Edition, hereinafter designated
“SSPWC”, as issued by the Southern California Chapter of the American Public Works Association,
and as amended by the Special Provisions section of this contract.
The construction plans consist of seven (7) sheets. The standard drawings used for this project are
the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated
SDRSD, as issued by the San Diego County Department of Public Works, together with the City of
Carlsbad Supplemental Standard Drawings. Copies of some of the pertinent standard drawings are
enclosed as an appendix to these Special Provisions.
2-5.2 Precedence of Contract Documents, add the following: Where CALTRANS specifications are used to modify the SSPWC or added to the SSPWC by any of the contract documents the
CALTRANS specifications shall have precedence only to the materials and construction materials
referred to in the CALTRANS specifications. The Invitation to Bid, Contract for Public Works, Part 1
of these Special Provisions and Part 1 of the SSPWC in the order of precedence in section 2-5.2 of the SSPWC shall prevail over the CALTRANS specifications.
32 4/8/97
,- 2-5.3.3 Submittals, add the following: When submitted for the Engineer’s review, Shop
Drawings shall bear the Contractor’s certification that he has reviewed, checked, and approved the
Shop Drawings and that they are in conformance with the requirements of the Contract Documents.
The Contractor shall subscribe to and shall place the following certification on all submittals:
“I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed
in the allocated spaces, and is submitted for approval.
By: Title:
Date:
Company Name:
Add the following:
2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete “as-built”
record set of blue-line prints, which shall be corrected in red daily and show every change from the
original drawings and specifications and the exact “as-built” locations, sizes and kinds of equipment,
underground piping, valves, and all other work not visible at surface grade. Prints for this purpose
may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer upon completion of the work.
Payment for performing the work required by section 2-5.4 shall be included in various bid items and
no additional payment will be made therefor.
I- Add the following:
2-6 Work to be Done. The work to be done consists of removal of pavers, curb, gutter, and
sidewalk, construction of curb, gutter, sidewalk, cross gutter patching, and other miscellaneous
work. Contractor shall furnish all materials required by this contract and provide the necessary labor
and equipment to complete the operations specified herein.
2-10 AUTHORITY OF BOARD AND ENGINEER
Add the following section:
2-l 0.1 Availability of Records, The Contractor shall provide copies of all records in the
Contractor’s or subcontractor’s possession pertaining to the work that the Engineer may request.
Add the following section:
2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the
Engineer, within San Diego County, accurate books and accounting records relative to all its
activities. The Engineer shall have the right to monitor, assess, and evaluate Contractor’s
performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews
of Contractor’s staff. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer
for examination, all of its records with respect to all matters covered by this Contract and will permit
the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records,
and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating
to all matters covered by this Contract. However, any such activities shall be carried out in a
manner so as to not unreasonably interfere with Contractor’s ongoing business operations.
Contractor shall maintain such data and records for as long as may be required by applicable laws
and regulations.
33 4/8/97
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
minor Bid Item, the use of this basis for the adjustment of payment will be limited to that portion of the change, which together will all previous changes to that item is not in excess of 25 percent of the total cost of such item based on the original quantity and Contract Unit Price. Adjustments in excess 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, second paragraph, modify as follows: Regardless of
ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, “Labor Surcharge & Equipment Rental Rates” published by CALTRANS,
current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein
shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any, The labor rates published therein are not a part of this contract.
3-3.2.3 Markup, Delete section 3-3.2.3 and replace with the following:
(a) Work by Contractor. The following percentages shall be added to the Contractor’s costs and shall constitute the markup for all overhead and profits:
1) Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . ...*.... 20
2) Materials . . . . . . . . . . . . . . . . . . . . . , . . . . . . . 15
3) Equipment Rental . . . . . . . . . . . . . . . . . . . 15
4) Other Items and Expenditures.. 15
To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding.
lb) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor’s actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor.
3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer.
/-
3-4 CHANGED CONDITIONS. delete the second sentence of paragraph three, delete paragraph five (5) and add the following: The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless he shall
have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6- 7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor’s failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith.
34 4/8/97
.- The Contractor shall provide the City with a written document containing a description of the
particular circumstances giving rise to the potential claim, the reasons for which the Contractor
believes additional compensation may be due and nature of any and all costs involved within 20
working days of the date of service of the written notice of potential claim for changed conditions.
Verbal notifications are disallowed.
The potential claim shall include the following certification relative to the California False Claims Act,
Government Code Sections 12650-l 2655.
“The undersigned certifies that the above statements are made in full cognizance of the California
False Claims Act, Government Code sections 12650-12655. The undersigned further understands
and agrees that this potential claim, unless resolved, must be restated as a claim in response to the
City’s proposed final estimate in order for it to be further considered.”
The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor
shall submit substantiation of its actual costs to the Engineer within 20 working days after the
affected work is completed. Failure to do so shall be sufficient cause for denial of any claim
subsequently filed on the basis of said notice of potential claim.
It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that
such matters be settled, if possible, or other appropriate action promptly taken.
3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written notice of
potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a
waiver of all claims in connection therewith.
Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute
resolution pursuant to Public Contract Code (PCC) provisions specified hereinafter, the contractor
shall attempt to resolve all disputes informally through the following dispute resolution chain of
command: 1. Project Inspector
2. Senior Inspector 3. Principal Inspector
4. City Engineer
5. City Manager
The Contractor shall submit a complete report within 20 working days after completion of the
disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or
appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor’s report and respond with a position, request additional information or request
that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within IO working days of receipt of said additional
information or Contractor’s presentation of its report. The Contractor may appeal each level’s
position up to the City Manager after which he may proceed under the provisions of the Public Contract Code.
35 4/8/97
,- The authority within the dispute resolution chain of command is limited to recommending a
resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order
provisions in the contract.
All claims by the contractor for $375,000 or less shall be resolved in accordance with the
procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with
Section 20104) which is set forth below:
ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS
/- I
20104. (a)(l) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a contract between a contractor and a
public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1
(commencing with Section 10240) of Chapter 1 of Part 2.
(b)(l) “Public work” has the same meaning as in Sections 3100 and 3106 of the Civil Code, except
that “public work” does not include any work or improvement contracted for by the state or the
Regents of the University of California.
(2) “Claim” means a separate demand by the contractor for (A) a time extension, (B) payment of
money or damages arising from work done by, or on behalf of, the contractor pursuant to the
contract for a public work and payment of which is not otherwise expressly provided for or the
claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local
agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications
for any work which may give rise to a claim under this article.
(d) This article applies only to contracts entered into on or after January 1, 1991.
20104.2. For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the claim.
Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to
extend the time limit or supersede notice requirements otherwise provided by contract for the filing
of claims.
I-
(b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within
30 days of receipt of the claim, any additional documentation supporting the claim or relating to
defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency’s written response to the claim, as further documented, shall be submitted to
the claimant within 15 days after receipt of the further documentation or within a period of time no
greater than that taken by the claimant in producing the additional information, whichever is greater.
(c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred
seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written
claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency’s written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no
greater than that taken by the claimant in producing the additional information or requested
documentation, whichever is greater.
36 4/8/97
z-
(d) If the claimant disputes the local agency’s written response, or the local agency fails to respond
within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency’s response or within 15 days of the local agency’s failure to
respond within the time prescribed, respectively, and demand an informal conference to meet and
confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a
meet and confer conference within 30 days for settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any portion remains in dispute, the
claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2
(commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For
purposes of those provisions, the running of the period of time within which a claim must be filed
shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a)
until the time that claim is denied as a result of the meet and confer process, including any period of
time utilized by the meet and confer process.
(f) This article does not apply to tort claims and nothing in this article is intended nor shall be
construed to change the time periods for filing tort claims or actions specified by Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division
3.6 of Title 1 of the Government Code.
20104.4. The following procedures are established for all civil actions filed to resolve claims subject
to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court
shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties.
The mediation process shall provide for the selection within 15 days by both parties of a
disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time
requirement is extended upon a good cause showing to the court or by stipulation of both parties. If
the parties fail to select a mediator within the 15-day period, any party may petition the court to
appoint the mediator.
(b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to
Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure,
notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3
(commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure)
shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to
judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed
for purposes of this article shall be experienced in construction law, and, upon stipulation of the
parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties,
except in the case of arbitration where the arbitrator, for good cause, determines a different division.
In no event shall these fees or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141 .lO) Title 3 of Part 3 of the Code of
Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does
not obtain a more favorable judgment shall, in addition to payment of costs and fees under that
chapter, pay the attorney’s fees of the other party arising out of the trial de novo.
(c) The court may, upon request by any party, order any witnesses to participate in the mediation or
arbitration process.
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed
except as otherwise provided in the contract, (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on
any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a
court of law.
37 4/8/97
SECTION 4 - CONTROL OF MATERiALS
4-1 MATERIALS AND WORKMANSHIP.
4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe
access to any and all parts of work at any time. Contractor shall furnish Engineer with such
information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the
work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfil1
this Contract.
4-1.4 Test of Materials, add the following: Except as specified in these Special Provisions, the
Agency will bear the cost of testing materials and/or workmanship where the results of such tests
meet or exceed the requirements indicated in the Standard Specifications and the Special
Provisions. The cost of all other tests shall be borne by the Contractor.
At the option of the Engineer, the source of supply of each of the materials shall be approved by him before the delivery is started. All materials proposed for use may be inspected or tested at any time
during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from
any source proves unacceptable at any time, the Contractor shall furnish approved material from
other approved sources. If any product proves unacceptable after improper storage, handling or for
any other reason it shall be rejected, not incorporated into the work and shall be removed from the
project site all at the Contractors expense.
/- Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the
requirements of the specifications shall be borne by the Agency. Said tests may be made at any
place along the work as deemed necessary by the Engineer. The costs of any retests made
necessary by noncompliance with the specifications shall be borne by the Contractor.
4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the
satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, durability, compatibility with
associated items, availability of repair parts and suitability of application the Contractor shall
remove the substituted item and replace it with the originally specified item at no cost to the
Agency.
SECTION 5 -- UTILITIES
5-I LOCATION. Add the following: The Agency and affected utility companies have, by a search
of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of
utilities indicated on the Plans is not guaranteed.
f-
5-4 RELOCATION. Add the following: In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon request to the Engineer, may be permitted to temporarily omit the portion of work affected by
the utility. Such omission shall be for the Contractor’s convenience and no additional compensation
will be allowed therefor. The portion thus omitted shall be constructed by the Contractor
immediately following the relocation of the utility involved unless otherwise directed by the Engineer.
38 4/8/97
SECTION 6 -- PROSECUTION, PROGRESS AND
ACCEPTANCE OF THE WORK
6-l CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete subsection 6-l
and substitute the following: The Contractor shall begin work within ten (10) calendar days after
receipt of the “Notice to Proceed”.
Add the following section:
6-l .I Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will
set the time and location for the Preconstruction Meeting. Attendance of the Contractor’s management personnel responsible for the management, administration, and execution of the
project is mandatory for the meeting to be convened. Failure of the Contractor to have the
Contractor’s responsible project personnel attend the Preconstruction Meeting will be grounds for
default by Contractor per section 6-4. No separate payment will be made for the Contractor’s
attendance at the meeting. The notice to proceed will only be issued on or after the completion of
the preconstruction meeting.
Add the following section:
6-1.1 Measurement And Payment Of Construction Schedule. The Contractor’s preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate
payment will be made therefor.
6-2 PROSECUTION OF WORK. Add the following after the first sentence: The Contractor shall prosecute work so that a maximum of three (3) calendar days elapse between the removal of
existing improvements and completion of new construction.
/- Add the following section:
6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and
materials, and performing all operations necessary to complete the Project Work as shown on the
Project Plans and as specified in the Specifications.
6-6 DELAYS AND EXTENSIONS OF TIME.
6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any
workers or equipment on standby for any reason that the Contractor has determined to be caused by
the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor
shall provide continuing daily written notice to the Engineer, each working day, throughout the
duration of such period of delay. The initial and continuing written notices shall include the
classification of each workman and supervisor and the make and model of each piece of equipment
placed on standby, the cumulative duration of the standby, the Contractor’s opinion of the cause of
the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable
means. Should the Contractor fail to provide the notice(s) required by this section the Contractor
agrees that no delay has occurred and that it will not submit any claim(s) therefor.
6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the
work to completion within fifteen (15) working days after the starting date specified in the Notice to
Proceed. All work shall be completed no later than October 23, 1998.
39 418197
*- 6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Engineer,
the hours of work shall be between the hours of 7:00 a.m. and 5:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the
Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or
holidays. This written permission must be obtained at least 48 hours prior to such work The
Engineer may approve work outside the hours and/or days stated herein when, in his/her sole
opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The
Contractor shall pay the inspection costs of such work. Contractor shall not sawcut or break
existing concrete, or pour new concrete after IO:00 a.m. Other work such as forming and grading
may take place any time during working hours.
6-6 COMPLETION AND ACCEPTANCE. Add the following: All work shall be warranted for one
(I ) year after recordation of a “Notice of Completion” and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-
five percent of the faithful performance bond shall be retained as a warranty bond for the one year
warranty period.
6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first sentence
of the second paragraph and add the following: For each consecutive calendar day in excess of
the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shall
pay the Agency, or have withheld monies due it, the sum of Five Hundred Dollars ($500.00).
/-
Execution of the Contract shall constitute agreement by the Agency and Contractor One Hundred
and Fifty Dollars ($150.00) per day is the minimum value of costs and actual damages caused by
the Contractor to complete the Work within the allotted time. Any progress payments made after the
specified completion date shall not constitute a waiver of this paragraph or of any damages.
SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR
7-3 LIABILITY INSURANCE. Add the following: All insurance is to be placed with insurers that
have a rating in Best’s Key Rating Guide of at least A-:V and are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department
of Insurance of the State of California.
7-4 WORKERS COMPENSATION INSURANCE. Add the following: All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California
and are listed in the official publication of the Department of Insurance of the State of California.
Policies issued by the State Compensation Fund meet the requirement for workers’ compensation
insurance.
7-5 PERMITS. Modify the first sentence to read: Except as specified herein the agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, and building permits
necessary to perform work for this contract on Agency property, in streets, highways (except State highway right-of-way), railways or other rights-of-way. Contractor shall not begin work until all
permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for
the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefor.
40 418197
r
7-7 COOPERATION AND COLLATERAL WORK.
Add the following section:
7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies
during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional
compensation will be made to the Contractor for any such delay.
7-8 PROJECT SITE MAINTENANCE.
7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein
shall also be executed on weekends and other non-working days when needed to preserve the
health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust
control throughout the duration of the Contract. The Engineer may require increased levels of
cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety
and welfare of the public. Cleanup and dust control shall be considered incidental to the items of
work that they are associated with and no additional payment will be made therefor.
7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a
construction meter for water used for the construction, plant establishment, maintenance, cleanup,
testing and all other work requiring water related to this contract. The Contractor shall contact the
appropriate water agency for requirements.
,c-
The Contractor shall pay all costs of temporary light, power and water including hookup, service,
meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be
considered incidental to the items of work that they are associated with and no additional payment
will be made therefor.
Add the following section:
7-8.6. Water Pollution Control. Full compensation for performing erosion control and water pollution control, conforming to the operational requirements of the Best Management Practices and
conforming to the requirements of the Federal Water Pollution Control Act, including the latest
amendments thereto, which is not a part of the planned permanent work or included as a separate
bid item shall be considered as included in the contract price bid for pedestrian ramp construction
and no additional compensation will be allowed therefor.
Add the following section:
7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped
with mufflers in good repair when in use on the project with special attention to the City Noise
Control Ordinance, Carlsbad Municipal Code Chapter 8.48.
7-10 PUBLIC CONVENIENCE AND SAFETY.
7-10.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in accordance with the plans, Chapter 5 of the California Department of Transportation “Manual of
Traffic Controls,” 1996 edition and these Special Provisions. If any component in the traffic control system is displaced, or ceases to operate or function as specified, from any cause, during the
progress of the work, the Contractor shall immediately repair said component to its original condition
or replace said component and shall restore the component to its original location. In the event that
41 418197
the Contractor fails to install and/or maintain barricades or such other traffic signs, markings,
delineation or devices as may be required herein, the Engineer may, at his/her sole option, install
the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($20.00)
per day per traffic sign or device, or the actual cost of providing such traffic control facility,
whichever is the greater.
Add the following section:
7-10.3.1 Construction Area Signs. Warning and advisory signs, lights and devices installed or
placed to provide traffic control, direction and/or warning shall be furnished, installed, maintained and removed by the Contractor when no longer required. Care shall be used in performing
excavation for signs in order to protect underground facilities. Warning and advisory signs that
remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-
existent conditions shall be removed from the traveled way or shielded from the view of the traveling
public during such periods that their message does not pertain to existing conditions. All excavation
required to install stationary construction area signs shall be performed by hand methods without
the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from
the view of the traveling public during non-working hours.
During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with
the provisions in Section 12-3.068, “Portable Signs”, of the CALTRANS Standard Specifications; or
Reflexite vinyl microprism reflective sheeting signs; or 3M high intensity reflectorized sheeting on
aluminum substrate signs of Seibulite Brand Ultralite Grade Series, encapsulated lens retroreflective
sheeting signs; or equal.
,r- Stationary mounted signs used for traffic control during construction of the Work shall be installed on break-away sign posts as shown on SDRSD drawing M-45 or on wood posts in the same
manner shown on CALTRANS Standard Plans RS 1, RS 2, RS 3 and RS 4 for installation of
roadside signs, 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 standards
or other supports as approved by the Engineer.
(d) When construction area signs are installed on existing lighting standards, holes shall not be
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. (f) When break-away sign posts (SDRS M-45) are used one post shall be provided for each 0.48
square meters of sign area.
For wood posts post size and number of posts shall be as shown on CALTRANS Standard Plan RS
2. Lumber for wood posts shall be as for sight posts. Sign panels for stationary mounted signs shall conform to the requirements of Section 206-7,
“Reflective Sheeting Aluminum Signs”, and the following: (a) All rectangular sheet aluminum signs over 1375 mm measured along the horizontal axis, and all diamond-shaped sheet aluminum signs 1500 mm and larger shall be framed unless otherwise
specified.
r-
42 418197
(b) Frames shall be constructed in accordance with “Framing Details for Sheet Aluminum Signs,”
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 units shall
be capable of being delivered to the site of use and placed in immediate operation. Sign panels for
portable signs shall conform to the requirements of sign panels for stationary mounted signs in 206-
7, “Reflective Sheeting Aluminum Signs”, or shall be Type IV reflective sheeting, cotton drill fabric,
flexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be used during the
hours of darkness. Size, wlor, and legend requirements for portable signs shall be as described for stationary mounted sign panels in Section 206-7, “Reflective Sheeting Aluminum Signs”. The
height to the bottom of the sign panel above the edge of traveled way shall be at least 0.3 m. All
parts of the sign standard or framework shall be finished with 2 applications of an orange enamel
which will match the color of the sign panel background. Testing of paint will not be required. If
portable signs are displaced or overturned, from any cause, during the progress of the work, the
Contractor shall immediately replace the signs in their original locations.
Add the following section:
7-10.3.2 Maintaining Traffic. Attention is directed to Sections 7-l 0 SSPWC “Public Convenience
and Safety.” Nothing in these Special Provisions shall be construed as relieving the Contractor from
its responsibility as provided in said Section 7-10. If illuminated traffic cones rather than post-type
delineators are used during the hours of darkness, they shall be affixed or covered with reflective
cone sleeves as specified in CALTRANS “Standard Specifications”, except the sleeves shall be
seven (7) inches long.
The Contractor’s personnel shall not work closer than six (6) feet, nor operate equipment within two
(2) feet from any traffic lane occupied by traffic. For equipment the two (2) feet shall be measured
from the closest approach of any part of the equipment as it is operated and/or maneuvered in
performing the work. This requirement may be waived when the Engineer has given written
authorization to the reduction in clearance that is specific to the time, duration and location of such
waiver or for the work of installing, maintaining and removing traffic control devices. As a condition
of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or
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 way,
including any section closed to public traffic. Whenever vehicles or equipment are parked on the
shoulder within six (6) feet of a traffic lane, the shoulder area shall be closed with fluorescent traffic
cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and
along the edge of the pavement at 25-foot intervals to a point not less than 25 feet past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used
for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted on
a telescoping flag tree with flags. The flag tree shall be placed where directed by the Engineer. All
construction traffic control devices shall be maintained in good order and according to the plan throughout the duration of work. During the entire construction, a minimum of two paved traffic lanes, not less than twelve (12) feet wide, shall be open for use by public traffic in each direction of
travel.
Contractor shall construct no more than two pedestrian ramps per intersection at any one time.
43 4/8/97
,f-
Add the following section:
7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing
traffic lanes in accordance with the details shown on the plans, CALTPANS “Manual of Traffic
Control”, 1996 edition and provisions under “Maintaining Traffic” elsewhere in these Special Provisions. The provisions in this section will not relieve the Contractor from its responsibility to
provide such additional devices or take such measures as may be necessary to maintain public
safety.
The Contractor shall not close any lane within the City of Carlsbad without obtaining written
authorization from the Engineer. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or
excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central
locations, approved by the Engineer, within the limits of the right-of-way.
Add the following section: 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe
operations, traffic shall be controlled with lane closures, as provided for under “Traffic Control
System for Lane Closure” of these Special Provisions or by use of an alternative traffic control plan
proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until he has submitted its plan to the Engineer and has
received the Engineer’s written approval of said plan.
:-
Add the following section:
7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be
furnished, placed, maintained and removed in accordance with the minimum standards specified in
Chapter 5 of the “Traffic Manual”, 1996 edition published by CALTRANS. Whenever the work
causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be
in place prior to opening the traveled way to public traffic. Lane line or centerline pavement
delineation shall be provided at all times for traveled ways open to public traffic. All work necessary,
including any required lines or marks, to establish the alignment of temporary pavement delineation
shall be performed by the Contractor. When temporary pavement delineation is removed, all lines
and marks used to establish the alignment of the temporary pavement delineation shall be removed
by grinding.
Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material.
Temporary pavement delineation shall not be applied over existing pavement delineation or other
temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with permanent pavement delineation.
Temporary pavement delineation shall be removed when, as determined by the Engineer, the
temporary pavement delineation conflicts with the permanent pavement delineation or with a new
traffic pattern for the area and is no longer required for the direction of public traffic. When
temporary pavement delineation is required to be removed, all lines and marks used to establish
the alignment of the temporary pavement delineation shall be removed.
Add the following section:
/-
7-10.3.6 Modifications and Additions to Traffic Control Plan Sheets. The Contractor shall submit new Traffic Control Plans (TCP) for the Engineer’s review for all construction activities. The
Contractor must obtain the Engineer’s approval of the TCP prior to implementing them. Such substitution shall be prepared in type and kind as on the construction drawings. The level of detail,
format, and graphics shall be of quality and size no less than shown on the construction drawings.
44 418197
All expenses and time to prepare TCP’s shall be involved in the bid price for pedestrian ramp
construction and no additional payment will be made therefor. TCP’s shall meet the requirements of
the “MANUAL OF TRAFFIC CONTROLS”, 1996 Edition as published by the State of California
Department of Transportation and of the Engineer. The Engineer shall be the sole judge of the
TCP’s. The Engineer may approve any modifications, supplements, and/or new designs to the traffic
control plans when, in his/her sole opinion, such modifications, supplements, and/or new designs to
the traffic control plans prepared by the registered engineer retained by the Contractor will be
beneficial to the best interests of the Agency. Such modification, addition, supplement, and/or new
design shall not be implemented and no work shall be commenced that is contingent on such approval until the changed traffic control plans are approved by the Engineer. The preparation of
such modification, addition, supplement, and/or new designs shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications,
supplements, and/or new designs shall conform to the requirements of section 2-5.3 Shop Drawings
and Submittals.
Add the following section:
7-10.3.7 Payment. The Contractor shall prepare and correct TCP and shall furnish all labor and
materials to perform, install, maintain, replace and remove all traffic control as incidentals to the
work with which they are associated and no other compensation will be allowed therefor.
Add the following section:
7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary
precautions for the safety of employees on the work and shall comply with all applicable provisions
of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor
shall erect and properly maintain at all times, as required by the conditions and progress of the
work, all necessary safeguards for the protection of workers and public, and shall use danger signs
warning against hazards created by such features of construction as protruding nails, hoists, well
holes, and falling materials.
SECTION 9 - MEASUREMENT & PAYMENT
9-3 PAYMENT.
9-3.2 Partial and Final Payment. Modify the second paragraph as follows: Each month, the
Engineer will make an approximate measurement of the work performed to the closure date as
basis for making monthly progress payments. The estimated value will be based on contract unit
prices, completed change order work and as provided for in Section 9-2 of the Standard
Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall
complete the detailed progress pay estimate and submit it to the Contractor for his information.
Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer
with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt,
determine whether the supplemental payment request is a proper payment request. If the
Engineer determines that the supplemental payment request is not proper, then the request shall
be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt.
45 4/8/97
,- The returned request shall be accompanied by a document setting forth in writing the reasons why
the supplemental payment request was not proper. In conformance with Public Contract Code
Section 20104.50, the City shall make payments within thirty (30) days after receipt of an
undisputed and properly submitted supplemental payment request from the Contractor. If payment
of the undisputed supplemental payment request is not made within thirty (30) days after receipt by
the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth
in subdivision (a) of Section 685.OlO.of the Code of Civil Procedure.
f-
9-3.2 Partial and Final Payment. Modify the third paragraph as follows: The Agency shall
retain 10 percent of such estimated value of the work done and 10 percent of the value of materials
so estimated to have been furnished and delivered and unused or furnished and stored as aforesaid as part security for the fulfillment of the contract by the Contractor, except that at any
time after 20 percent of the work has been completed, if the Engineer finds that satisfactory progress is being made, the Agency may reduce the total amount being retained from payment
pursuant to the above requirements to 5 percent of the total estimated value of said work and
materials and may also reduce the amount retained from any of the remaining partial payments to
5 percent of the estimated value of such work and materials. In addition, on any partial payment
made after 95 percent of the work has been completed, the Agency may reduce the amount
withheld from payment pursuant to the requirements of this Section to such lesser amounts as the
Engineer determines is adequate security for the fulfillment of the balance of the work and other
requirements of the contract, but in no event will said amount be reduced to less than 125 percent
of the estimated value of the work yet to be completed as determined by the Engineer. Such reduction will only be made upon the written request of the Contractor and shall be approved in
writing by the surety on the Performance Bond and by the surety on the Payment Bond. The
approval of the surety shall be submitted to the Engineer; the signature of the person executing the
approval for the surety shall be properly acknowledged and the power of attorney authorizing him
to give such consent must either accompany the document or be on file with the Agency.
9-3.2 Partial and Final Payment. Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate
will be in writing and shall be for the total amount owed the Contractor as determined by the
Engineer and shall be itemized by the contract bid item and change order item with quantities and
payment amounts and shall show all deductions made or to be made for prior payments and
amounts to be deducted under provisions of the contract. All prior estimates and progress payments
shall be subject to correction in the Final Payment Estimate.
The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make
written statement disputing any bid item or change order item quantity or payment amount. The
Contractor shall provide all documentation at the time of submitting the statement supporting its
position. Should the Contractor fail to submit the statement and supporting documentation within
the time specified, the Contractor acknowledges that full and final payment has been made for all
contract bid items and change order items.
If the Contractor submits a written statement with documentation in the aforementioned time, the
Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the
Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work.
46 418197
F- The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the
basis and amount of said claims. The Engineer will consider and determine the Contractor’s claims
and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions
involved in its claims. Failure to submit such information and details will be sufficient cause for
denying the claims.
g-3.2.1 Payment for Claims. Add the following: Written statement shall be submitted to the
Agency within 30 calendar days of receipt of Final Payment for all claims for the entire project. No
claim will be considered that was not included in this written statement, nor will any claim be allowed
for which written notice or protest is required under any provision of this contract including sections
3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written
Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with
notice or protest requirements.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the
basis and amount of said claims. The Engineer will consider and determine the Contractor’s claims
and it will be the responsibility of the Contractor to furnish within a reasonable time such further
information and details as may be required by the Engineer to determine the facts or contentions
involved in its claims. Failure to submit such information and details will be sufficient cause for
denying the claims.
Payment for claims shall be processed within 30 calendar days of receipt of the written statement or
further information, whichever is longer, for those claims approved by the Engineer. The Contractor
shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those claims
f” remaining in dispute.
47 418197
.- SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 2, CONSTRUCTION MATERIALS
SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS
TABLE 201-I .I .2(A) Modify as follows:
TABLE 201-1.1.2(A) Q) PORTLAND CEMENT CONCRETE
Type of Construction Concrete
Class
All Concrete Used Within the Right-of-Way 330-C-23
(560-C-3250) (I)
Trench Backfill Slurry 115-E-3 (190-E-400)
Street Light Foundations and Survey Monuments 330-C-23
(560-C-3250)
Traffic Signal Foundations 350-C-27
(590-C-3750)
Concreted-Rock Erosion Protection 310-c-17
Maximum
Slump mm (Inches) (2)
200 (8”)
100 (4”)
100 (4”)
oer Table 300-l 1.3.1
/- l (520-C-2500P) 1 ’
(1) Except that concrete required to be of higher strength by Table 201-I .I .2(A) SSPWC shall be
as per Table 201-I .I .2(A) SSPWC.
(2) As per Table 201-I .I .2(A) SSPWC.
(3) Portions of Table 201-I .I .2(A) of the Standard Specifications for Public Works Construction
not shown herein as changed are not affected by this table.
201-l .2.4 Chemical Admixtures. (e) Air-entraining Admixtures. Substitute the following:
The air content shall not deviate from the percentage specified or permitted by more than l-1/2
percentage points. The air content of freshly mixed concrete will be determined by California Test
Method No. 504.
SECTION 206 - MISCELLANEOUS METAL ITEMS
Add the following section:
206-7 TRAFFIC SIGNS.
Post size and number of posts shall be as shown on the plans, except that when stationary mounted
signs are installed and the type of sign installation is not shown on the plans, post size and the
number of posts will be determined by the Engineer. Sign panels for stationary mounted signs shall consist of Type IIIA reflective sheeting applied to a sign substrate. Sign panels shall conform to the
requirements specified for aluminum signs in the “Specifications For Reflective Sheeting Signs,
October 1993”.
c
48 418197
i- Add the following section:
206-7.2.7 Portable Temporary Traffic Signs. Each portable temporary traffic sign shall consist of a base, standard or framework and a sign panel. The units shall be capable of being delivered to
the site of use and placed in immediate operation. Sign panels for portable signs shall conform to
the requirements of sign panels for stationary mounted signs in the “Specifications For Reflective
Sheeting Signs, October 1993, or shall be cotton drill fabric, flexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be used during the hours of darkness. Size, color, and
legend requirements for portable signs shall be as described for stationary mounted sign panels in section 206-7.2 of these Special Provisions. The height to the bottom of the sign panel above the
edge of traveled way shall be at least 0.3-m (12”). All parts of the sign standard or framework shall be furnished with 2 applications of an orange enamel which will match the color of the sign panel
background. Testing of paint will not be required.
Add the following section:
206-8 LIGHT GAGE STEEL TUBING AND CONNECTORS.
Add the following section:
206-8.1 General. This Section pertains to lo-gage and 12-gage cold-rolled steel perforated tubind
used for the support and stabilization of signs. All shapes shall have a galvanized finish and shall
be cold-roll-formed steel conforming to ASTM Designation A-446, Grade A. Galvanizing shall
conform to ASTM A-525, Designation G-90. Galvanizing shall be performed after all forming and punching operations have been completed. Cold-rolled steel perforated tubing shall be perforated
on all four faces with 11 mm (7/l 6”) holes on 25mm (1”) centers.
Add the followirig section:
/- 206-8.2 Tolerances. Wall thickness tolerance shall not exceed kO.28 mm, -0.13 mm (+O.Ol l”,
0.005”). Convexity and concavity measured in the center of the flat side shall not exceed a
tolerance of +0.25 mm (+O.OlO”) applied to the specific size determined at the corner. Straightness tolerance variation shall not exceed 1.6 mm in 1 m (l/16” in 3’). Tolerance for corner radius is 4.0
mm (5/32”), plus or minus 0.40 mm (‘1164”). Weld flash on corner-welded square tubing shall permit 3.60 mm (g/64”) radius gage to be placed in the comer. Using IO-gage or 12-gage square tube,
consecutive size tubes shall telescope freely for 3.1 m (10’). Tolerance on hole size is plus or minus 0.40 mm (l/64”) on a size. Tolerance on hole spacing is plus or minus 3.2 mm in 6.1 m (l/8” in 20’).
In addition, for the following specific sizes of light gate steel tubing, dimensional tolerances shall not exceed those listed in tables 206-8.2 (A) and 206-8.2(B).
TABLE 206-6.2(A)
LIGHT GAGE STEEL TUBING SIZE TOLERANCE
Nominal Outside Dimensions 1 Outside Tolerance fork11 Sides at Corners mm (inches) mm I (inches)
25x25 (1 xl) 0.13 0.005
32 x 32 (1V4 x 1'1,) 0.15 0.006
38 x 38 (1'/2 x 11/z) 0.15 0.006
44x44 ( 1 "/d x 1 "/,, 0.20 0.008
51 x 51 (2 x 2) 0.20 0.008
56 x 56 (23/,6 x 23/,6) 0.25 0.010
57 x 57 (21/d x 2'/‘J 0.25 0.010
64 x 64 (2'/* x 2'12) 0.25 0.010
51 x76 (2 x 3) 0.25 0.010
/- 213-2.1 General. Add the following: Geotextile types shall be used for the applications listed in Table 213-2.1 (A).
49 4/8/97
/ c SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 3, CONSTRUCTION METHODS
SECTION 300 - EARTHWORK
300-I CLEARING AND GRUBBING.
300-1.1 General. add the following to the third paragraph: During surface clearing operations,
the Contractor shall not cover or bury any plant growth or other objectionable materials. If the
Contractor cannot successfully separate the plant growth from the surface soil and advertently or
inadvertently mixes organic or other objectionable materials with the soil, the soil so contaminated
shall be removed from the site by the Contractor. All costs, if any, associated with removing the soil
mixed with organic or other objectionable materials and importing soil to replace said contaminated
soil shall be borne by the Contractor and no additional payment therefor shall be made to the
Contractor.
.-
Delete subsection 300-l .3.2(c) and replace with the following:
300-I .3.2(c) Concrete Curb, Walk, Gutters, Cross-Gutters, Driveways, and Alley
intersections. Concrete curb, curb and gutter, and sidewalk shall be removed between the limits
shown on the plans, which shall coincide where possible with the nearest existing weakened plane
joint or score line. The joint shall be sawed if necessary before removing concrete to prevent
damage to adjacent improvements. If the adjacent curb, curb and gutter or sidewalk is damaged
during the removal process, it shall be removed to the nearest joint outside the damaged area and
replaced at the Contractor’s expense.
Brass tags attached to sidewalk designated to be removed, shall be removed and affixed to the top
of curb at the same street station by the Contractor before the sidewalk is removed. Any tag
damaged by the Contractor shall be replaced by the Contractor at the Contractor’s expense.
Delete subsection 300-l .4 and replace with the following:
300-1.4 Payment. Payment for clearing and grubbing, including sawcutting curb, curb and gutter,
and sidewalk, removing and disposing of same shall be included in the contract unit price bid for
sidewalk repair. Payment for traffic control necessary for sawcutting and removals shall be
incidental to the work and no additional compensation shall be allowed therefor.
50 4/s/97
.r i-
: I- I
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B
3 r,
.
\ R ;G” -. ‘b’ ::r . . . ,. . ‘i . ..*.* . -. -.- . .
r 1 l/2” ucept whm elevations
shoum indicate otherwia.
5 .a.. :...‘. . . . . .
l/2” R .- .*:
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f. T
:: 0 ;: cm
. . - . . . 9. :. - *pm’. c -. :. . . . . .: -. ; * -.*
***. . . .a..-* 5 :. ; b’. . . . ‘.. il.. L’.‘. . . . . I W h Al- l/2@
TYPE 0 & H CURB
n!E W l S$$+.
G 24” 1.34
H 13IT 1.61
l with 6” Curb Faa
NOTES:
1. Comma shall be 520-C-2566.
2 See Standard Dming G-10 for joint details.
3. Slope top of curb 114” per foot toward straet.
LEGEND ON PLANS
I+- nECOYYEwoEO IV THE UAG IllEGO I SAN DIEGO REGIONAL STANDARD DRAWING Revision I ByI Approved I Oats IIPGIOMAL UTANOARDS COYYIWEE Cow t&l ma I52G I &&&x!iidu u&/m Note 3 l!k a& 7-88
lbdimtw R.C.E. 19807 7 CURBAND GUTTER -COMBINED G-2
Width as shown on plan
I
Wnkanad plana Joint -I ‘--‘--we,, I
I I I b-------- w-s--
NON-CONTIGUOUS
width as shown on plan
;---~~~~
y----W--
I --5-- / .I
I
L
I
------- I ---w__ ---mm ;
CONTIGUOUS
NOTES
1. Comntm shall ba 520G2500. 2. Sr Standrrd Drwinp G-9 md G-10 for joint details
G-7
6 Ft. and 8 Ft., See Note 4
?O it. ftor)6.0 Ft. Sidewalk or rea er TYPICAL PLAN
l/2” Radius
Varies Varies
- 6” AGG. !
Base (Min.) I
4 20’ .
CENTERLINE X-SECTION
NOTES:
1. The ramp shall have a 12” wide border with l/4” deep score lines and l/8” radius.
The spacing shall be approximately 3/4” O.C.
2. l = Elevation shown on plans (top of curb, and gutter elevation).
3. All concrete shall be 560-C-3250
4. Transition from full height curb to no curb.
* or as required by the City Engineer
CITY OF CARLSBAD
ALLEY-TYPE DRIVEWAY I SUPPLEMENTAL
STANDARD NO. GS-20