HomeMy WebLinkAboutPark Specialties; 2000-07-23; P00-02C
F-
CITY OF CARLSBAD
San Diego County
California
OPEN MARKET
CONTRACT DOCUMENTS AND SPECIAL PROVISIONS
FOR
PLAYGROUND EQUIPMENT UPGRADE
AT
CALAVERA PARK
CONTRACT NO. PO0902 REBID
2/26/QQ
May 2,200O
ADDENDUM NO. 1
RE: CONTRACT POO-02 (REBID) - PLAYGROUND EQUIPMENT UPGRADE AT
CALAVERA PARK
Please include this addendum in the Notice to Bidders/Request for Bids you have for
the above project:
l The contract document and specification book for this project with the
ORANGE cover was sent to you in error. Please discard this book. Do not
use it for vour bid preparation or submission.
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l Attached is the correct specification book for this re-bid project. The cover is
YELLOW. Use this book for your bid. There are specification changes
included.
l The deadline for submission of this bid is May 16, 2000 at 4:30 PM.
This addendum cover sheet-receipt acknowledged-must be attached to your bid
when your bid is submitted.
Attachment
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1
Bidders Signature
1635 Faraday Avenue - Carlsbad, CA 92008-7314 - (760) 602-2460 i FAX (760) 602-8556 @
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TABLE OF CONTENTS
NOTICE INVITING BIDS ....................................................................................................... 1
CONTRACTOR’S PROPOSAL .............................................................................................. 4
DESIGNATION OF SUBCONTRACTORS ............................................................................. a
BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY ............................................... 10
BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE ............................. 11
BIDDER’S CERTIFICATE OF INSURANCE ........................................................................ .12
BIDDERS STATEMENT RE: DEBARMENT.. ...................................................................... .13
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID ...................................................................... 16
CONTRACT - PUBLIC WORKS .......................................................................................... 17
ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OF RETENTION ............................................................................. 25
Part 1
Section 1 l-l
l-2
Section 2
2-3
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2-9 2-10
Section 3 3-3 3-4
3-5
SPECIAL PROVISIONS
General Provisions
Terms, Definitions Abbreviations And Symbols Terms ..............................................................................................................
Definitions ........................................................................................................
Scope And Control Of The Work
Subcontracts ........ . ...........................................................................................
Contract Bonds.. ..............................................................................................
Plans And Specifications ............................. ....................................................
Surveying ......................................................................................................... Authority Of Board And Engineer .....................................................................
Changes In Work
Extra Work ....................................................................................................... Changed Conditions .................................... ....................................................
Disputed Work ............................................. ....................................................
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31
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32 33
34
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2126199
Section 4 - 4-1
4-2
Section 5
5-l
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Section 6
6-1
6-2
6-6
- 6-7
6-8
6-9
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Section 7
7-3 74
7-5
7-7
7-a
7-10
7-13
- Section 9 - 9-3
Control Of Materials Materials And Workmanship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Materials Transportation, Handling and Storage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Utilities
Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Relocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Prosecution, Progress And Acceptance Of The Work
Construction Schedule And Commencement Of Work .....................................
Prosecution Of Work ........................................................................................
Delays And Extensions Of Time ......................................................................
Time of Completion ..........................................................................................
Completion And Acceptance ........................ ....................................................
Liquidated Damages ........................................................................................
Responsibilities Of The Contractor
Liability Insurance.. ...................................... ....................................................
Workers’ Compensation Insurance.. ................................................................
Permits ............................................................................................................
Cooperation and Collateral Work .....................................................................
Project Site Maintenance .................................................................................
Public Convenience And Safety .......................................................................
Laws To Be Observed ................................. ....................................................
Measurement and Payment
Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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2/26/QQ
CITY OF CARLSBAD, CALIFORNIA
NOTICE INVlTlNG BIDS
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Sealed bids will be received at the Office of the Purchasing Officer, at the Purchasing
Department at the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California
92008-7314, until 4:30 P.M. on the 16th day of May, 2000, for performing the work as follows:
OPEN MARKET CONTRACT NO. POO-02 REBID
The work shall be performed in strict conformity with the specifications on file with the PUBLIC
WORKS/GENERAL SERVICES Department. The specifications for the work include the
Standard Specifications of Public Works Construction, 1994 Edition, and the 1995 and 1996
supplements thereto, 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.
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.
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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. Bidders Statement of Financial
Responsibility
6. Bidder’s Statement of Technical Ability and
Experience
7. Bidder’s Statement re: Debarment
6. Bidder’s Disclosure of Discipline Record
9. The Open Market Contract-Public Works
10. 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
!§40,000.00.
- 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: C-61-D34, C-61-D12 in accordance with the provisions of
state law.
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A City of Carlsbad Business License is required for all contractors and sub contractors.
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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 Cashier’s
Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008- 7314, for a non-refundable fee of $10.00 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 Office of the City Engineer. The
Contractor to whom the Contract is awarded shall not pay less than the said specified
prevailing rates of wages to all workers employed by him or her in the execution of the Contract.
The Prime Contractor shall be responsible for insuring compliance with provisions of Section
1777.5 of the Labor Code and Section 4100 et seq. of the Public Contracts Code, “Subletting
and Subcontracting Fair Practices Act.” The City Engineer is the City’s “duly authorized officer’
for the purposes of Section 4107 and 4107.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with Section 1720 shall
apply to the Contract for work.
A pre-bid meeting and tour of the project site will 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.
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Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to
bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid.
Insurance is to be placed with insurers that have (1) a rating in the most recent Best’s Key
Rating Guide of at least A-:V, and (2) are admitted and authorized to transact the business of
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
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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 forfieted.
The prime contractor and subcontractors are required to have and maintain a valid City of
Carlsbad Business License for the duration of the contract.
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BY SUBMllTlNG 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 SUBMllTED PROOF THAT THE
PROPER INSURANCE HAS BEEN OBTAINED. PROOF OF PROPER INSURANCE MUST BE RECEIVED BY THE ClTY WlTHlN 20 BUSINESS DAYS OF NOTIFICATION OF AWARD, OR AWARD MAY BE WITHDRAWN.
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Ruth Fletcher, Purchasing Officer
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2/26/QQ
CITY OF CARLSBAD
OPEN MARKET
CONTRACT NO. PO0102 REBID
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.POO-02 - Re-bid in accordance with the Plans and
Specifications of the City of Carlsbad, and the Special Provisions and that he/she will take in
- full payment therefor the following unit prices for each item complete, to wit:
Approximate
Item Quantity
No. DescriDtion and Unit
A-l Furnish all materials and labor LS -- to install playground equipment
and accessible surfacing at Calavera Park
Total
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Totalamountofbidinwords: u+qtw cPyPn -red n:Yt~-fnl~r~?/~~n
Total amount of bid in numbers: $ 52.764.43
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s).
included in this proposal. 1 has- been received and is/are
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.
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The Undersigned bidder dedams, under p8naky of perjury, that the unciersiin8d is iic8ns8d to do business or act in the capacity of a contraMr within the State of California. validly licensed under license number 702962 ,cla B C-61
which 8xpireS on 02/28/2001 . , and that thii stat8rnent is true and
corr8ctandhasth8l8gal8ff8ctofanafRdavit.
A bid submM8d to th8 City by a C8ntracW who is not lic8ns8d as a c8ntractor pursuant to the
Business and Professions Cc& shall be d8nskW8d nonresponsive and shall be r8j8ct8d by
th8 City. ’ 7028.15(e). In all c8ntracts where federal funds ar8 invotved, 110 bid submitted shall
be invalidated by the failum of the bkM8r to be licensed in accordance with Califamia law.
However, et th8 tin38 th8 c8ntmct is @warded, the cc?ntract8r shall b8 property licensed. Public Contractcode'20104.
The Und8rsign8d bidder hereby r8pr8sents as f~kYWsz
1. That no Council member, offiwr agent, or 8n@8y88 of the City of Cadsbad is
personally kM8st8d, dimctly OT indimctly, in this Contract, or the compensation tu
b8paMh8r8under;thatno mpms8n&tkm,8ral8rinwrIting,8fth8CityC8uncll,its officers, agents, 8r employees has induct8d hiir b 8nt8r into thii Contract,
excepting only those contained in this form of Contract and the pap8i-s mad8 a part
hereof by its terms; and 2. That this bM is mad8 withuut connection with any person, firm, or corporation
making a bid for the same w8rk, and ls in all msp8cts fair and without collusion or fraud.
The Und8&gn8d is awar of th8 pnnM8ns of section 3700 of th8 Labor code which requires
every employer to b8 insured against liabilii for wOrk8rs’ conlp8nsatio4l of to Undertak8 self- insuranoe in accordance with the pmisii of that code, and agrees to comply with such
provisions before commencing the perfbrmance of the work of thll Contract and continue to
comply until th8 a3ntract is complete.
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2,
relative to the general prevailing rat8 of wages for each craft w type of worker needed to
ex8cut8 the Contract and agrees to comply with its provisions.
IF A SOLE OWNER OR SOLE aw-w+CTOR SIGN HERE:
(I) Name under which business is conducted Park Specialties
(2) Signature (given and surname) of proprietor I - hd.& .A l.Awyk
(3) Place of Business . WV v Alvd- vt a%mber)
Cii and Stat8 Fallbrook. CA 92028
(4) zip Cod8 q2n78 T8tephon8 No. 760 728-1101 -
2/26/99
IF A PARTNERSHIP. SIGN HERE: L (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.
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IF A CORPORATION, SIGN HERE:
(1) Name under which business is conducted
Signature
Title
Impress Corporate Seal here
(3) Incorporated under the laws of the State of
(4) Place of Business (Street and Number)
City and State
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(5) Zip Code Telephone No.
NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
ATTACHED
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- 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:
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-- DESlGNATlON OF SUBCONTRACTORS
(To Accompany Proposal)
The Contractor certii8s 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 Clty Engineer of the City of Carlsbad.
The following information is required for each sub-contractor. Additional pages can be
attached lf required:
This project does X does not have bid items designated as “SPECIALTY ITEMS.”
Items of
work Full ComDanv Name
. . 1-v Park SDeclaltles
Complete Address
with Zib Code
1917 Rainbow Vly Blvd
Equipment & Surfacing Fallbrook, CA 92028
Phone No.
& Area Code
800 399-8484
2/26/99
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AMOUNT OF SUBCONTRACTORS BIDS
(To Accompany Proposal)
The bidder is to provide the following information on the subbids of all the listed subcontractors
as part of the sealed bid submission. Additional pages can be attached, if required.
Full Comoanv Name None
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Type of State
Contracting License & No.
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Carlsbad Business License No.*
Amount of Bid
I$ or %)
- l Licenses are renewable annually. If no valid license, indicate “NONE.” Valid license must be obtained prior to submission of signed Contracts.
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- BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY
(To Accompany Proposal)
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Copies of the latest Annual Report, audited financial statements or balance sheets may be submitted under separate cover marked “CONFIDENTIAL.”
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WAUA~+IW rnlaw uw
FINANCIAL STATEMENTS AND
ACC~ANTS’ COMPILA’IION REPORT
. . PARE SPECIALTIES
WALLLnl~U I-HIKLLa UUJ rc*r WL
PAmCK
OLDS CablLdm-up
Robert PeRieux
iled the icompanying balance sheer of Park Specialties (2 proprietorship) as of the related statement of earnings and changes in proprietor’s capital fix the year ance with Statements on Standards fir Accounting and Review Sexvices issued by te of Certified Public Accountants.
II was iiiwi to the accounting records of the proprietorship. We did not compile the proprietor or the records of any of the other acdvitks ia which the proprietor Income taxes of the proprietor are computed on income fwn all sources and, visiin for such taxes is included in the accompanying financial statement.
ed to presenting in the form of financial sta@mms iidbrmadon that is the
We have not audited or reviewed the accompaqing financial statements not 6xpre5s an opinion or any other form of assurance on them.
etor has elected to omit the stwmeut of cash flows and subst.antiafly all of the geaezally xcepted acanm&g principles. If tficomitted discltiu~ and ments tianclal statemems, they might influence the u&s conclusions lbout the an4 position, results of operations and cash flows. Accordingly, these fmancial esigned fix those who are not informed about such matters.
Sacramento, Ca rnia May 15, 2000 V
1900 Point weatway,suite 102
tiacnunento,c&Q58l6 Faz 916.9ZQ.1056 Phone 916.92Q.l604
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PARK SPECIALTIE
(A PROPRlXT’3~
BALANCESHEET
Kkmber31,X9!W
TOTAL CURRENT ASSETS
lmEDAssETs
TOTAL FIXED ASSEI’S
PRc3PRmTiws CAPmu
cuRRENTLxAB
es of long-term debt
TOTAL (ztnumw LmaIxrm
bank, less cunmt maturities
PROPRJET0R’
see accountaAts’ compilatioA report.
2
f 141,476
10,484
294,940
203,601
46,804
12,140
262,545 r29,540
133,005
$ 579,905
E 247,993
30,312
278,305
82,375
219,225
STATEMEN
Contract revenue
cotltract costs
Direct costs
wages and bed
subconuactors
VfScle expense
Insurmcc - Worl
Insurance - vehi
Payroll taxes
Storage yard & ! EquXuipmem rem
OcneralaAdadlu
Tt3lepho~ am
D0pChthI
AdverWng
Donations
Bank charges
ins-
MiCCll~WW
Rqmirs and II
Penalties & L
Licenm, pen
Dues ad sub!
other i3lcoms ant Miscelham
Iuter~inwrl
Interest expn
Proprietor’s capit
Projxkt.or’s dram
F’roprietor’s capil
W~LLLCU~R rf-+~rau(, uw
Pm SPECIALrnS
OF EARNINGS AND CHANGES l[N PROPRU?3’OR’S C-AL
IbrtheYcruYwefi~31,@!99
s ComplMedical
p suppri
GROSS PROP’fT 584,659 23.3
tive eqmses
ties
hegimting of yeax
endofyear
OPERATXNGPROFIT
NET-Gs
S 2,457,3# 100.0 96
045,539 34.4
649,344 26.4
83,!S83 3.4
106,932 4.4
53,457 2.2
20,427 0.8
57,415 2.3
42,015 1.7
13,969 0.6
1,872,681 16.2
31,721 1.3
40,098 1.7
18,575 0.8
12,690 0.5
4,590 0.2
4,669 0.2
19,619 0.6
5,536 0.2
6,519 0.3
16,472 0.7
13,301. 0.5
4,090 0.2
174,680 7.2
409,979 16.6
644
931
(10,584~
6,009)
See accountants’ ccmpilaion rtqort.
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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.
See Attached
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PARK SPECIALTIES
PARK AND PLAYGROUND PROFESSIONALS
CA LIC #702962 B D-34 D-12 C-61
HI LIC #C21853 C03B C25
References
Peter Algrim 310 546-8018 xl
Manhattan Beach Unified School District
1230 Rosecrans Ave. #400
Manhattan Beach, CA 90266
Jean Bush Richman 619 271-5210
Hickman Elementary
10850 Montongo
San Diego, CA 92126-2629
John Gonzales 909 477-2730 x4119
City of Ranch0 Cucamonga
10500 Civic Center Drive
Ranch0 Cucamonga, CA 91730 ,.--
Dave Alkema 714 754-5300
City of Costa Mesa
P.O. Box 1200
Costa Mesa, CA 926281200
June Anderson 562 866-9771 x2506
City of Lakewood
Public Works Department
5050 N. Clark Avenue
Lakewood, CA 90712
Jay Sullivan 805 681-1230 x210
Goleta Unified School District
401 N. Fairview Ave.
Goleta, CA 93113
P. 0. BOX 891833 TEMECULA, CA. 925894833
800 399-8484 I (760) 728-l 101 FAX (760) 728-l 177
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BIDDER’S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS’
LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS’ COMPENSATION
(To Accompany Proposal)
As a required part of the Bidder’s proposal the Bidder must attach either of the following to this
paw.
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: (1) 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.
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H M K INSURANCE ONLY AND CONFERS NO
I WILLE, CA. 95678 9 Lo-782-2020
INSURED PARK SPECIALTIES
1917 RAINBOW VALLEY BLVD.
FALLBROOK.CA 92028
INSURERS AFFORDING COVERAGE R
INSURERA UNITED CAPITAL INS. Co. & VI/
INSURER B.
INSURER C
INSURER D , I A
u 1 INSURER E u
COVERAGES
Ii=
Ii
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDlTlON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CfRlYF1CAl-f MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, fXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. OENERNLwBlLtw
GENERAL LIABILITY
CLAIMSMADE cl x OCCUR
A
GEN’L AGGREGATE LIMIT APPLIES PER
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GLA 1253151
Er5mmmNoFoFERAlloN3/LocATIoN smncwmausIoMt~By--B
PROJECT: CALAVERAPARK
2/17/01
AUTOONLY - EA ACCJDPIT
MTElxEREoF.TNE~ lNslmERwi.LENDEAwRTowuL OAYS- 05 OAK AVENUE NOTlCETOTNE-TENOLOER RMED~OTHELEFT,BLCTFA~UR~ETODOSOSHAU CARLSBAD, CA. 92008 -No-TtoNcu LimNnYoFANYloNouFoNTM
Date: 6/22/2000 Time: 1:22:36 PM Page3of3 From: WILLIAM HUPP To: PARK SPECIALTIES
cS- INSURED PARK SfEClAtTl ES =- POUCY NUMBER GLA 1253151 . . . -. COMMERC1AL GENERAL tIA6ILtTY I c.. > THtS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAfXEFULLY -- w. = z- ADDlTlONAL INSURED - OWNERS, LESSEES OR ; -- e CONTRACTORS [ FORM 8) T%- - This endorsement modifies insurance provided under the following: &-- z. -- -- Commercial General liabtttty Coverage Part
z Schedule I i..
5 *am8 of Person or Organtzatton: 2 .I ; -. cm OF CARLSBAD _ --. - gmv Shouti any of the above described policies be cancekd before the expiration date thereof I_ _ the Issuing company will mail 30 davs written noticq by certit’kl mail to the certificate holder e- :.: named as additiona! insured. 5. 5 _
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& (If no entry appears above, information required to complete this endorsement will be shown ,.. in the Declarations as applicable to this endorsement.)
5 WHO IS AN INSURED (SECTiON It) is amended to include 8s an insured the person or
: orgenization shown in the Schedule, but only with respect to liabilii arising out of’ your work” g for that insured by or for you. w.. m. .-. 5: CG220 10 11 85 COPYRIGHT, INSURANCE W!RWGES OFRCE, INC., 1994
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oaw! 0 06113100 - 'MmEM AECK I#SURRwCE AGEWCY -, L ;’ ’ THdCERTIFICAlE Is ISSUE0 AS h MATTER Of INFORMATION 28936 OLD TOWN l!'ltO#!f BT.: #+O* ON&Y ANO' CONFERS NO RIWTS UPON THE CERWICATE
TEHECULA, CA. 92590 ~~~olS~CA~ OOES NOT AMENO, EXTEND OR AWORDEO w THE PouclEs ESLOW. '-I'
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MweQ ROBERT DIE16tIF;UX . .. YiiUnctAjPDOQLUTss1vrNEm 1m cawmx DBA: PARK BPECIALTTBB " I. '- "I',:A'.lh,' ' 1917 RAINBOW VALLEY atvp*- L 32, lNswmc:- , EALLBROOK, CA 92028 ,~ k -;.
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THEPolmE9r%-1 w nEaJw4EMENT. TERM 08 MAY PERTAIN, THE INSWVNOE PIouclfS AGWECMTE LIMITS M
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WnclusIRo IwPAitmin 1635 r- avmw~ cA?uaw, CA S1008-7314
K 1 A KECK INUlRfiNCE 07/25/2000 03: 05 9026993879
1)7.‘16/1)1) an: 34 fAS 9r4lastOtoRJ J’ROGRESti1~‘E
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PROGRES$lVE CASUALTY INSURANCE CO.
P. 0.00x a7439
CLEVELAND. OHlO 44101-897~
Mbufer certlffss that <he motbi carrisr of wlJertY i&intlfied ti$ieinCfn!wred) is ccwereU bv an insurance DolicV orovidmq badiN lniurv or deathliaoiliW. nrotxrt~ damami irabiliWnsu&ncs, or Work&i’ Conwdnsatian tnsurance within the coveraw links iden-
Hfii bebw es rewired by Cslifomt$ VetWe CWe‘sockons @dnO, 34#+.3, 94640, md by Part 387 of Title 49 oi the Code
--
f Pederirr Repl&ms. .
TYPE Of lNSuRanCO
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. b?nrure? c~titi~s thet this kmirznco pdiby COvw$~&t uehdeg u&w4 in cotduding tne asrvice pWfotmed by the lnsurer.l for vrhici-l
I fl?utOr carrier pefWir is required wh@W or not ~~id,veh&le @~tl$&.in~t~e b&~~ pohcy.
fnsum agrees that a My exearted Er~dwsemen~. on a f~~ut&ii~aday tne Uepanmtnt of Motor Vwhick (UMV), is
tWwd to the referenced policy,to conform the pcjl~ to the r~uff6meflti cit.&m Motor Carriefs of P~ogsrty Peft’n~l AclO&lifornia
‘ohids Coo9 %&on 34600 and follcMn$ j and the fubs m,cf i’b&Wc&f tlw DhlV. (Tinis provision does not apply to Work&
‘0mpensgtion Insurance.) 8’ :
/n8ure~ agrees tbal r&her tha Certificate of insuraw~ nor thri kovs refwanced pky $neH be canceled on less thsn thrrty (30)
ays notiaw from the rnsurer to the DMV, writttm on eti du~~wizi$ h&p’-of +ncetlatim form ana that the thifty (30) day@wod
xnmen~~s to run from the date of the Notice of Cancellatlw was:?ctWy received at ths offiie of the Catifornia Oepanrnant cf
otor Vehrcles, MoWr Carrier Pafmti Branch In SeuaqN$o, C@lfQm!a.
kNuW 8greot to fWrNsh Dt4V will a CbphCete original of& ceftr;anced poftcy, .DMV au:hocized endorsement, and all other
leted 8ndDrsernentsand dcwxnentcstionupon requssr. ‘. -, ., .‘. ‘..
r sianin@ thrr form. the lnsurw certifies under wnaitk 4f ~~fju~‘&&r the’Ws of cJ-te State of Celifornta that Jf lrtformation Nainsd :n this Certifite of Insurance ia true and correc!, :, _ -. .-
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- From: Scott Carroll
To: Davis, Kevin
Date: 7/26/00 10:28AM
Subject: Calavera
Hi Kevin,
I talked to Park Specialties regarding their auto liability coverage. As you know, they were concerned about the “any auto” coverage. Their insurance company was telling them that this coverage is a blanket
coverage and that if a third party was involved in an accident in the parking lot, and Park Specialties was not involved, Park Specialties will still be liable.
I talked to Erin and she said this is not true. “Any auto” coverage will protect the city for any vehicle Park Specialties uses at the project site. Park Specialties faxed me a copy of their insurance which has the
“scheduled autos”, “hired autos”, and “non-owned autos” checked for $1 million. I showed this certificate
to Erin and explained to her the circumstances regarding this project. Erin was comfortable with the
insurance provided by Park Specialties and she waived “any auto” coverage for this project.
Therefore, can you please move forward and complete the execution of this contract. I am going to schedule a pre-con meeting with Park Specialties to occur during the week of August 7th. I am also
sending you, via interoffice mail, the Certificate of Insurance from Park Specialties to keep in your files.
Thank you for all of your assistance regarding this project.
Scott Carroll
PW/GS Management Analyst
cc: Doug Duncanson; Ruth Fletcher
STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807
COMPENSATION - INSURANCE FUND CERTIFICATE OF WORKERS
JUNE 26, 2000
r r
CITY OF CMLSBAD CITY OF CMLSBAD PURCHASING DEFT PURCHASING DEFT 1635 FARADAY AVENUE 1635 FARADAY AVENUE
CARLSBAD CA smo&7314 CARLSBAD CA smo&7314
COMPENSATION INSURANCE COMPENSATION INSURANCE
POLICY NUMBER: 046-00 IJNIT POLICY NUMBER: 046-00 IJNIT
CERTIFICATE EXPIRES: l-1.-()1 CERTIFICATE EXPIRES: l-1.-()1
JOB: CALAVERA PARK 20145 JOB: CALAVERA PARK 20145
0007891
L
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 policy period indicated.
This policy is not subject to cancellation by the Fund except upon ten days’ advance written notice to the employer.
We will also give you TEN 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 poficies.
is---d--
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AUTHORIZED REPRESENTATIVE PRESIDENT
EiMPUMZR'S LIABILITY LIMIT INCUJDING DEFitNSE COSTS: $P,OOO,OOO PE2 -NCE.
EMPLOYER
r
DERIEUX. ROBERT FRANCIS PARK SPiCIALTIES P 0 BOX 891833
TEMECULA CA 92509
BIDDER’S STAlEMEW RE: DEBARMENT
cro -WY proposau
1. Have you or any of your sectors ever been debarred as an irresponsible bk!der by
another jurisdiction in the State of California?
X ._
Y= no
2. tf yes, what was&we the name(s) of the agency(ies) and what washvere the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two
debarment&
party debarred
period of debarment
BY CONTRACTOR:
P . .
~Contractor)
By:
Robert DeRieux Owner
(print name/title)
party debarred
period ofdebarrknt
- 13- 2/26/99
- BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
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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 95626.
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?
yes
X
no
2. Has the suspension or revocation of your contractors license ever been stayed?
yes
X
no
3. Have any subcontractors that you propose to perform any portion of the Work ever had their - contractor’s license suspended or revoked by the California Contractors’ State license Board two or more times within an eight year period?
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9s
X
no
- 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?
X
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.
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(Attach additional sheets if necessary)
- 14- 2/26/99
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BIDDER’S DISCLDSURE OF DISCIPLINE RECORD
t-urn
(To Accompaw WI)
6. If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who’s disciphe was stayed, the date of the Mation that the disdplinary action pertains to, describe the nature of the violation and the condition (if any) upon whii the disciplinary action was stayed.
(Attach additional sheets if necessary)
BY CONTRACTOR: ,-
Park Specialties
(name of Contractor)
Robert DeRieux
(print name/title)
- 15- 2/26/99
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NON-COLLUSION AFFlDAVlT TO BE EXECUTED BY BIDDER AND SUBMIlTED WITH BID PUBLIC CONTRACT CODE SECTION 7106
State of California Calif )
) ss.
COUnt)'Of San Diego 1
- Robert Qel&ux (Name of Bidder) , being first duly sworn, deposes
and says that he or 3fWs Owner - (Title) of Park SDecialties
(Name of Firm)
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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 day of I q-h MAV ,200 -
L&WLW -
Subscribed and sworn to before me on the ,20~_ 15th day of JU -
- (NOTARY SEAL)
-
- 16- 2/26/99
OPEN MARKET CONTRACT- PUBLIC WORKS
This agreement is made this 23 day of w ,2d Iby and between the City of Carlsbad, California, abunicipal corporation, (hereinafter called “City”),
and PARK SPECIALTIES whose principal place
of business is 1917 RAINBOW VALLEY BLVD, FALLBROOK, CA 92028
(hereinafter called “Contractor”.)
2.
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3.
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City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Open Market Contract
documents for: INSTALLING PLAYGROUND EQUIPMENT AND ACCESSIBLE
SURFACING AT CALAVERA PARK
(hereinafter called “project”)
Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Open Market Contract
Documents.
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.
Payment. For all compensation for Contractor’s performance of work under this Contract, City
shall make payment to the Contractor per section 9-3 PAYMENT of the Standard
Specifications for Public Works Construction (SSPWC) 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 overwme underground
conditions. Any information that may have been furnished to Contractor by City about
- 17- 2126199
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underground conditions or other job conditions is for Contractor’s convenience only, and City
does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job
conditions, including underground conditions and has not relied on information furnished by
City.
6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or
other excavations that extend deeper than four feet below the surface Contractor shall
promptly, and before the following conditions are disturbed, notify City, in writing, of any:
A. Hazardous Waste. Material that Contractor believes may be material that is hazardous
waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III 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. lmmiqration Reform and Control Act. Contractor certifies he is aware of the requirements of
the Immigration Reform and Control Act of 1966 (6 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.
6. Prevailinq 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
- 18- 2126199
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.
- 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.
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10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, his 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 coverages and
minimum limits indicted herein:
1. Comprehensive General Liabilitv Insurance:
$1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts
specified shall be established for the risks for which the City or its agents, officers or employees are additional insureds.
2. Automobile Liabilitv Insurance:
$1 ,OOO,OOO combined 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’ Compensation 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.
- 19- 2/26/99
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.
(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.
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(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. 91403.
(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
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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.
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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.
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.
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 Recover-v. If the City of Carlsbad seeks to rewver penalties pursuant to the False
Claims Act, it is entitled to rewver 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 MuniciDal 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 OF
subcontractor from participating in future contract bidding.
I have read and understand all provisions of Section 11 above. / (Initial) (Initial)
12. Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction
for resolution of any disputes between the parties arising out of this agreement is San Diego County, California.
13. 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.
14. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with Section 1720 of the Labor Code are incorporated herein by reference.
15. Securitv. Securities in the form of cash, cashier’s check, or certified check may be substituted
for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor
and the City may be substituted for monies withheld to ensure performance under this
Contract.
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16. 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.
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17. 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 ATTACHED
(CORPORATE SEAL)
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CONTRACTOR:
12-K * l fwT/F‘5:
(name c!f Contractor)
IL-
(sign here)
By:
CITY OF CARLSBAD a municipal corporation of
the State of California
(sign here)
(print name and title)
/ \ ~.--Y-L~RRAII$E M. WOOD, City Clerk
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I
.- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of J >
ss.
personally appeared
0 personally known to me
9 proved to me on the basis of satisfactory
evidence
Comm*wion # 1216053
Notory Public - California g
San Diego County
MvComm.!WresAai6,XXX3 I
Place Notary Seal Above
to be the personti whose name# is/ace
subscribed to the within instrument and
acknowledged to me that he/s&eA+executed
the same in his/&s&be+ authorized
capacity@+, and that by his/be&he+
signaturej$ on the instrument the person@, or
the entity upon behalf of which the person@J
acted, executed the instrument.
WlTNES$2my hat$qnd official seal.
.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Docu
Title or Type of Document:
Document Date: - Number of Pages: -
Signer(s) Other Than Named Above: -
Capacity(ies) Cla
Signer’s Name:
0 Individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
Cl Guardian or Conservator
,@ Other: OLwn &/ 6f ,& wS/eeS~ .
Signer Is Representing: 54
0 1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313.2402 Prod. No. 5907 Reorder: Call Toll-Free l-800-876-6827
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: -
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Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution
certified by the secretary or assistant secretary under corporate seal empowering the officer(s)
signing to bind the corporation.)
APPROVED AS TO FORM:
- c._
RONALD R. BALL
:~~533-
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.
c..
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.
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OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION
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
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subject to withdrawal by Contractor at any time and from time to time without notice to the
City.
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.
For City:
For Contractor:
For Escrow Agent:
-- 10. The names of the persons who are authorized to give written notices or to receive written
notice on behalf of the City and on behalf of Contractor in connection with the foregoing,
and exemplars of their respective signatures are as follows:
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.
- IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on
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the date first set forth above.
For City:
- For Contractor:
For Escrow Agent:
-
Title
Name
Signature
Address
Title
Name
Signature
Address
Title
Name
Signature
Address
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14 TERMS
SPECIAL PROVISIONS FOR
PLAYGROUND EQUIPMENT UPGRADE
AT CALAVERA PARK
CONTRACT NO. POO-02 REBID
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART 1, GENERAL PROVISIONS
SECTION 1 - TERMS, DEFlNlTlONS ABBREVIATIONS AND SYMBOLS
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.
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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:
1-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.
l-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.
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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.
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Own Organisation - 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 supervisor 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.
Project Manager - the Public Works Manager/General Services of the City of Carlsbad or his/her
approved representative.
Senior Inspector - the Project Inspector’s immediate supervisor and first level of appeal for
informal dispute resolution.
SECTION 2 -- SCOPE AND CONTROL OF THE WORK
2-3 SUBCONTRACTS.
2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring
the Contractor to complete 50 percent of the contract price with its own organization, the Agency
may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of
the value of the work performed in excess of 50 percent of the contract price by other than the
Contractor’s own organization. The City Council shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be
entitled to a public hearing before the City Council and shall be notified ten (10) days in advance of
the time and location of said hearing. The determination of the City Council shall be final.
2-4 CONTRACT BONDS, modify 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.
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- 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.
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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 off~cer’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.
2-5.1 General, add the following: The specifications for the work include the Standard Specifications for Public Works Construction, (SSPWC), 1997 Edition, and the 1998 AND 1999
supplements thereto,hereinafter designated “SSPWC”, as 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 1 set. The first set is designated as City of Carlsbad Drawing
PLAYGROUND EQUIPMENT UPGRADE AT CALAVERA PARK and consists of 2 sheets. The
standard drawings used for this project are the latest edition of the San Diego Area Regional
Standard Drawings, hereinafter designated SDRS, 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.
2-5.3.3 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:
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“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.
2-9 SURVEYING.
2-9.1 Permanent Survey Markers, substitute the following: The Contractor shall not disturb
permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is
impractical, the Contractor shall employ a licensed land surveyor to establish the location of the
monument before it is disturbed. The Contractor shall have the monument replaced by a licensed
land surveyor no later than thirty (30) days after construction at the site of the replacement is
completed. The Licensed Land Surveyor shall file comer record(s) as required by Q§ 8772 and
8773, et seq. of the California Business and Professions Code.
When a change is made in the finished elevation of the pavement of any roadway in which a
permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade. Monument frames and wvers shall be protected during street sealing or painting
projects or be cleaned to the satisfaction of the Engineer.
2-9.3 Survey Service, substitute the following: . The Contractor shall hire and pay for the
services of a land surveyor licensed in the State of California, hereinafter Surveyor, to perform all
work necessary for establishing control, construction staking, records research and all other
surveying work necessary to construct the work, provide surveying services as required herein and
provide surveying, drafting and other professional services required to satisfy the requirements of
the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and
shall personally supervise and certify the surveying work.
Add the following section: 2-9.3.1 Submittal of Surveying Data, All surveying data submittals shall conform to the requirements of section 2-5.3.3, “Submittals”, herein. The Contractor shall submit grade sheets to
the Engineer before commencing work in the area affected by the grade sheets. The Contractor
shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be
submitted in bound form on 8r/2n by 11” paper. The field notes, calculations and data shall be clear and complete with name of field party chief, field crew members, preparer, date of observation or
calculation, consecutive page numbers and shall be readable without resort to any electronic aid,
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computer program or documentation for any computer program. The field notes shall be prepared
- in conformance with the CALTRANS “Surveys Manual”. The Contractor shall have a Record of
Survey prepared and filed in conformance with 55 8700 - 8805 of the State of California Business
and Professions Code showing all SDRS M-10 monuments set. The record of survey shall show the
location and justification of location of all permanent monuments set and their relation to the street
right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer’s review and approval
- before submittal to the County Surveyor and before submittal to the County Recorder.
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Add the following section:
2-9.3.3 Payment for Survey, Payment for work performed to satisfy the requirements of
Sections 2-9.1 through 2-9.3.2 shall be included in the actual bid items requiring the survey work
and no additional payment will be made. Extension of unit prices for extra work shall include full
compensation for attendant survey work and no additional payment will be made therefor. Payment
for the replacement of disturbed monuments and the filing of corner records shall be incidental to
the work necessitating the disturbance of said monuments and no additional payment will be made
therefor.
2-10 AUTHORITY OF BOARD AND ENGINEER
Add the following section:
2-10.1 Availability of Records, The Contractor shall 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: 240.2 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 nomral 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 unreaso;;ably 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.
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.
.I 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,
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- 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 from the 1995 and 1996 Supplements to the SSPWC 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 . . . . . . . ..m.............*........... 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.
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(W 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.
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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.
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-I 2655. -
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“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
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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.
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The Contractor shall submit a complete report within 20 working days after completion of the
disputed work stating its position on the claim, the contractual basis for the claim, along with all
documentation supporting the costs and all other evidentiary materials. At each level of claim or
appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim,
review the Contractor’s report and respond with a position, request additional information or request
that the Contractor meet and present its report. When additional information or a meeting is
requested the City will provide its position within 10 working days of receipt of said additional
information or Contractor’s presentation of its report. The Contractor may appeal each level’s position up to the City Manager after which he may proceed under the provisions of the Public
Contract Code.
The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order
provisions in the contract.
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. Parks Supervisor
2. Management Analyst/General Services
3. Public Works Manager/General Services
4. City Engineer
5. City Manager
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All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with
Section 20104) which is set forth below:
- ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS
20104. (a)(l) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. - (2) This article shall not apply to any claims resulting from a contract between a contractor and a - public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1
(commencing with Section 10240) of Chapter 1 of Part 2. - (b)(l) “Public work” has the same meaning as in Sections 3100 and 3106 of the Civil Code, except
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that “public work” does not include any work or improvement contracted for by the state or the
Regents of the University of California.
(2) “Claim” means a separate demand by the contractor for (A) a time extension, (B) payment of
money or damages arising from work done by, or on behalf of, the contractor pursuant to the
contract for a public work and payment of which is not otherwise expressly provided for or the
claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local
agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications
for any work which may give rise to a claim under this article.
(d) This article applies only to contracts entered into on or after January 1, 1991.
20104.2. For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to
extend the time limit or supersede notice requirements otherwise provided by contract for the filing
of claims.
(b)(l) For claims of less than fifty thousand dollars ($SO,OOO), 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.
(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.
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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 .lO) of Title 3 of Part 3 of the Code of Civil Procedure,
notwithstanding Section 1141 .I 1 of that code. The Civil Discovery Act of 1986 (Article 3
(commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure)
shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to
judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed
for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to
exceed their customary rate, and such fees and expenses shall be paid equally by the parties,
except in the case of arbitration where the arbitrator, for good cause, determines a different division.
In no event shall these fees or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of
Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does
not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney’s fees of the other party arising out of the trial de novo.
(c) The court may, upon request by any party, order any witnesses to participate in the mediation or 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.
SECTION 4 - CONTROL OF MATERIALS
4-l MATERIALS AND WORKMANSHIP.
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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.
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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 Contractor’s expense.
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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.
Add the following section:
4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. -
- the time allowed for the Work. All such storage shall conform to all laws and ordinances that may
pertain to the materials stored and to preparation of the storage site and the location of the site on
which the materials are stored. Loss, damage or deterioration of all stored materials shall be the
Contractor’s responsibility. Conformance to the requirements of this section, both within and
outside the limits of work are a part of the Work. The Engineer shall have the right to verify the
suitability of materials and their proper storage at any time during the Work.
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SECTION 5 -- UTILITIES
5-l 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.
The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the
quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, - remove and dispose excess of all materials used to accomplish the Work. Materials shall be
delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be
accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor
as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped
to or by the Contractor to any location within the Agency’s boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The
lease agreement shall clearly state the term of the lease, the description of materials allowed to be
stored and shall provide for the removal of the materials and restoration of the storage site within
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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.
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SECTION 6 - PROSECUTION, PROGRESS AND
ACCEPTANCE OF THE WORK
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6-l CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete subsection 6-l
and substitute the following: The Contractor shall begin work within 20 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-l .l .I Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline
Construction Schedule per the submittal requirements of section 2-5.3. The submittal of the Baseline Construction Schedule shall include each item and element of sections 6-l .2 through 6-
1.2.9 and shall be on hard (paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media.
Add the following section:
6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall
prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the
precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall
depict a workable plan showing the sequence, duration, and interdependence of all activities required to represent the complete performance of all project work. The Baseline Construction
Schedule shall begin with the projected date of issuance of the notice to proceed and conclude with
the date of final completion per the contract duration The Baseline Construction Schedule shall include detail of all project phasing, staging, and sequencing, including all milestones necessary to
define beginning and ending of each phase or stage.
Add the following section:
6-l .2.1 Time-Scaled Network Diagram. As a part of the Baseline Construction Schedule the
Contractor shall prepare and submit to the Engineer a complete time-scaled network diagram
showing all of the activities, logic relationships, and milestones comprising the schedule.
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Add the following section:
6-l .2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall
prepare and submit to the Engineer a tabular listing of all of the activities, showing for each activity
the identification number, the description, the duration, the early start, the early finish, the late start,
the late finish, the total float, and all predecessor and successor activities for the activity described.
Add the following section:
6-4.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare
and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing
texture patterns or distinctive line types to show the critical path.
Add the following section:
6-l .2.4 Schedule Software. The Contractor shall use commercially available software equal to
the Windows 95 compatible Suretrak program by Primavera to prepare the Baseline Construction
Schedule and all updates thereto. The Contractor shall submit to the Agency a 3.5” data disk with all
network information contained thereon, in a format readable by a Microsoft Windows 95 system.
The Agency will use a Suretrak or equal software program for review of the Contractor’s schedule.
Should the Contractor elect to use a scheduling program other than the Suretrak program by Primavera the Contractor shall provide the Engineer three copies of the substituted program that are
fully licensed to the Agency and 32 class hours of on-site training by the program publisher for up to
eight Agency staff members. The on-site training shall be held at 2075 Las Palmas Drive, Carlsbad,
California.
Add the following section:
6-l .2.5 Schedule Activities. Except for submittal activities, activity durations shall not be shorter
than 1 working day nor longer than 15 working days, unless specifically and individually allowed by
the Engineer. The Baseline Construction Schedule shall include between 100 and 500 activities,
including submittals, interfaces between utility companies and other agencies, project milestones
and equipment and material deliveries. The number of activities will be sufficient, in the judgment of
the Engineer, to communicate the Contractor’s plan for project execution, to accurately describe the
project work, and to allow monitoring and evaluation of progress and of time impacts. Each activity’s description shall accurately define the work planned for the activity and each activity shall
have rewgnizable beginning and end points.
Add the following section:
6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensation
to whatever party or contingency first exhausts it.
Add the following section:
6-l .2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency
supplied materials, equipment, or services, which may impact any activity’s construction shall be
shown as a restraint to those activities. Time periods to accommodate the review and correction of
submittals shall be included in the schedule.
Add the following section:
6-l .2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer than the specified contract duration will not be acceptable and will be grounds for default by
Contractor, per section 6-4.
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Add the following section:
6-I .2.9 Early Completion. The Baseline Construction Schedule will show the Contractor’s plan
to support and maintain the project for the entire contractual timespan of the project. Should the
Contractor propose a project duration shorter than contract duration, a complete Baseline
Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance
with all schedule requirements of section 6-l. The Engineer may choose to accept the Contractor’s
proposal of a project duration shorter than the duration specified; provided the Agency is satisfied
the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the
shortened Baseline Construction Schedule. The Agency’s acceptance of a shortened duration project will be confirmed through the execution of a contract change order revising the project
duration and implementing all contractual requirements including liquidated damages in accordance with the revised duration.
Add the following section:
6-1.2.10 Engineer’s Review. The Construction Schedule is subject to the review of the Engineer.
The Engineer’s determination that the Baseline Construction Schedule proposed by the Contractor
complies with the requirements of these special provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction
Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the
Contractor to obtain the Engineer’s determination that the initial Construction Schedule proposed by
the Contractor complies with the requirements of these special provisions within thirty (30) working
days after the date of the preconstruction meeting shall be grounds for termination of the contract
per section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days.
The Engineer will review and return to the Contractor, with any comments, the Baseline
Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule
will be returned marked as per sections 6-l .2.10.1 through 6-1.2.10.3.
Add the following section:
6-l .2.10.1 “Accepted.” The Contractor may proceed with the project work upon issuance of the
Notice to Proceed, and ‘will receive payment for the schedule in accordance with section 6-l .8.1.
Add the following section:
6-l .2.10.2 “Accepted with Comments.” The Contractor may proceed with the project work
upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating
the comments prior to receipt of payment per section 6-l .8.1.
Add the following section:
6-l .2.10.3 “Not Accepted.” The Contractor must resubmit the schedule incorporating the corrections and changes of the comments prior to receipt of payment per section 6-l .8.1. The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not
submitted as required hereinbefore and marked “Accepted” or “Accepted with Comments” by the Engineer. The Contractor, at the sole option of the Engineer, may be considered as having
defaulted the contract under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the
changes of the comments are not submitted as required hereinbefore and marked “Accepted” by the
Engineer.
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Add the following section:
61.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the
Engineer during the last week of each month to agree upon each activity’s schedule status and shall
submit monthly updates of the Baseline Construction Schedule confirming the agreements no later than the fifth working day of the following month. The monthly update will be submitted on hard
(paper) copy and electronic media conforming to section 6-I .3.3 Electronic Media per the submittal
requirements of section 2-5.3 and will include each item and element of sections 6-1.2 through 6- 1.2.9 and 6-1.3.1 through 6-1.3.7.
Add the following section:
6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed
during the month. After first reporting an actual date, the Contractor shall not change that actual date in later updates without specific notification to the Engineer with the update.
Add the following section:
6-l .3.2 Activity Percent Complete. For each activity underway at the end of the month, the
Contractor shall report the percentage determined by the Engineer as complete for the activity.
Add the following section:
6-l .3.3 Electronic Media. The schedule data disk shall be a 3’&” high density diskette, labelled
with the project name and number, the Contractor’s name and the date of preparation of the
schedule data disk. The schedule data disk shall be readable by the software specified in section 6-
1.2.2 Schedule Software and shall be free of file locking, encryption or any other protocol that
would impede full access of all data stored on it.
Add the following section:
6-l .3.4 List of Changes. A list of all changes made to the activities or to the interconnecting
logic, with an explanation for each change.
Add the following section:
6-I .3.5 Change Orders, Each monthly update will include the addition of the network revisions
reflecting the change orders approved in the previous month. The network revisions will be as
agreed upon during the review and acceptance of the Contractor’s change orders.
Add the following section:
6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and their
durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar
chart shall use differing texture patterns or distinctive line types to show the critical path.
Add the following section:
6-1. 4 Engineer’s Review of Updated Construction Schedule. The Engineer will review and return the Updated Construction Schedule to the Contractor, with any comments, within 5 working
days of submittal. The Updated Construction Schedule will be returned marked as per sections 6- 1.4.1 through 6-l .4.3. Any Updated Construction Schedule marked “Accepted with Comments” or “Not Accepted” by the Engineer will be returned to the Contractor for correction. Upon resubmittal the Engineer will review and return the resubmitted Updated Construction Schedule to the
Contractor, with any comments, within 5 working days. Failure of the Contractor to submit a monthly updated construction schedule will invoke the same consequences as the Engineer
returning a monthly updated construction schedule marked “Not Accepted”.
Add the following section:
6-l .4.1 “Accepted.” The Contractor may proceed with the project work, and will receive payment for the schedule in accordance with section 6-l .8.2.
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Add the following section:
6-l .4.2 “Accepted with Comments.” The Contractor may proceed with the project work. The
Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the
corrections and changes noted in the Engineer’s comments prior to receipt of payment per section
6-l .8.2.
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Add the following section:
6-I .4.3 “Not Accepted.” The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer’s comments prior to
receipt of payment per section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of section 6-4 DEFAULT BY
CONTRACTOR if the changes of the comments are not submitted and marked “Accepted” by the
Engineer before the last day of the month in which the Updated Construction Schedule is due. If the
Contractor fails to submit the corrected Updated Construction Schedule as required herein the
Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to
proceed with the project, any resulting delay, impact, or disruption to the project will be the
Contractor’s responsibility.
Add the following section:
6-1.5 Late Completion or Mllestone Dates. Should the Schedule Update indicate a completion
or contractually required milestone date later than the properly adjusted contract or milestone
duration, the Agency may withhold Liquidated Damages for the number of days late. Should a
subsequent “Accepted” Schedule Update remove all or a portion of the delay, all or the allocated
portion of the previously held Liquidated Damages shall be released in the monthly payment to the
Contractor immediately following the “Accepted” schedule.
Add the following section:
6-1.6 Interim Revisions. Should the actual or projected progress of the work become
substantially different from that depicted in the Project Schedule, independently of and prior to the
next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list
and explanation of each change made to the schedule. The Revised Construction Schedule will be
submitted per the submittal requirements of section 2-5.3 and per the schedule review and
acceptance requirements of section 6-1, including but not limited to the acceptance and payment provisions.
Add the following section:
6-1.7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update
when one hundred percent of the construction work is completed. The Contractor’s Final Schedule
Update must accurately represent the actual dates for all activities. The final schedule update shall
be prepared and reviewed per sections 6-1.3 Preparation of Schedule Updates and Revisions and
6-1. 4 Engineer’s Review of Updated Construction Schedule. Acceptance of the final schedule
update is required for completion of the project and release of any and all funds retained per section 9-3.2.
Add the following section: 6-l .8.2 Monthly Updated Construction Schedule Payments. Monthly Updated Construction Schedule Payments of N/A dollars will be made subsequent to the initial payment for the
Construction Schedule for each monthly Construction Schedule, updated as required herein, that
the Engineer has accepted as sufficient within the month that the monthly progress payment
pertains. No payment shall be made, nor shall any payment accrue, for any monthly updated
construction schedule that is not marked “Accepted” by the Engineer on or before the twentieth
working day of the month such monthly updated construction schedule is due per section 6-1.3
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Preparation of Schedule Updates and Revisions. The sum of the amounts paid for Construction
Schedule during the initial and subsequent payment periods, or extensions to the contract, shall not
exceed the stipulated lump sum price for Construction Schedule.
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-Z PROSECUTION OF WORK.
Add the following section:
6-2.1 Order of Work. The work to be done shall consist of furnishing all .labor, equipment and
materials, and performing all operations necessary to complete the Project Work as shown on the
Project Plans and as specified in the Specifications. The work includes installing playground
equipment that complies with Americans with Disabilities Act standards and installing additional
rubberized surfacing to provide access to playground equipment.
Add the following section:
6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project
Meetings. Each Project Meeting shall be attended by the Contractor’s Representative. The Project
Representative shall be the individual determined under section 7-6, “The Contractor’s Representative”, SSPWC. No separate payment for these meetings will be made.
6-6 DELAYS AND EXTENSIONS OF TIME.
6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written
notice to the 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 aworking days after the starting date specified in the Notice to Proceed.
6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Engineer,
the hours of work shall be between the hours of 7:00 a.m. and 4:00 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 46 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.
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6-8 COMPLETION AND ACCEPTANCE. Add the following: All work shall be warranted for one
- (1) 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 that $500.00 per
day is the minimum value of costs and actual damages caused by the Contractor to complete the
Work within the allotted time. Any progress payments made after the specified completion date shall
not constitute a waiver of this paragraph or of any damages.
SECTION 7 - RESPONSIBILITIES of the CONTRACTOR
7-3 LIABILITY INSURANCE. 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.
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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.
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.
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7-8 PROJECT SITE MAINTENANCE.
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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.
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:
7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped
with mufflers in good repair when in use on the project with special attention to the City Noise
Control Ordinance, Carlsbad Municipal Code Chapter 8.48.
7-10 PUBLIC CONVENIENCE AND SAFETY. --
7-10.1 Traffic and Access. add the following: The Contractor shall schedule the work so as to
prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not
schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by
calling the City’s contracted waste disposal company, Coast Waste Management at 929-9417.
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7-I 0.3 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
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 and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to
the approved traffic control plan. All construction area signs shall conform to the provisions of section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of
section 2145.1 .et seq. All temporary reflective channelizers shall conform to the provisions of section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking
shall conform to the provisions of section 210-1.6 et seq. except that all temporary paint shall be
rapid dry water borne conforming to section 210-I .6for materials and section 310-5 et seq. For
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workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic
- control, direction and/or warning shall be furnished, installed and maintained by the Contractor.
Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when
no longer required. Warning and advisory signs that remain in place overnight shall be stationary
mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the
traveled way and from the view of motorists in the traveled way or shielded from the view of the
travelling public during such periods that their message does not pertain to existing conditions. Care
shall be used in performing excavation for signs in order to protect underground facilities. All
excavation required to install stationary construction area signs shall be performed by hand
methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and
shielded from the view of the travelling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall
be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in
section 206-7.2 et seq. If illuminated traffic wnes 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 180 mm (7”) long. Personal
vehicles of the Contractor’s employees shall not be parked within the traveled way, including any
section closed to public traffic. Whenever the Contractor’s vehicles or equipment are parked on the
- shoulder within 1.8 m (6’) of a traffic lane, the shoulder area shall be closed with fluorescent traffic
wnes or portable delineators placed on a taper in advance of the parked vehicles or equipment and
along the edge of the pavement at not less than 7.6 m (25’) intervals to a point not less than 7.6 m (25’) past the last vehicle or piece of equipment. A minimum of nine (9) wnes or portable -. delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead)
sign shall be mounted, as required herein, on a sign post or telescoping flag tree with flags. The
sign post or flag tree shall be placed where directed by the Engineer. --
Add the following section:
7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan
Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the
project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor
shall have such new or modified TCP prepared and submitted as a part of the Work for any and all
construction activities that are located within the travelled way. The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this
project that are not included in the project plans. The Contractor must submit the TCP for the Engineer’s review in conformance with the requirements of section 2-5.3, et seq. and obtain the
Engineer’s approval of the TCP prior to implementing them. The minimum 20 day review period
specified in section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP,
new, modified or added to, for the Engineer’s review. New or revised TCP submittals shall include
all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in
sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of
features affecting the traffic control plan and the methodology proposed to transition to the
subsequent TCP phase. When the vertical alignment of the traveled surface differs from the
finished pavement elevation vertical curves must also be shown. Such modification, addition,
supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California. The Engineer shall be the sole judge of the suitability and quality of any such modifications, supplements, and/or new designs to TCP. The
Engineer may approve any such modifications, supplements, and/or new designs to the TCP when, in the Engineer’s sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the registered professional 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 TCP are approved by the Engineer. The preparation of such modification, addition,
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supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency
in any fashion. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of section 2-5.3 Shop Drawings and Submittals.
The Contractor shall prepare and implement traffic control plans and shall furnish all labor and
materials to perform, install, maintain, replace and remove all traffic control as incidentals to the
work with which they are associated and no other compensation will be allowed therefor.
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.
7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work
include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible
materials, such as borrow pits or gravel beds, for use in the proposed construction project which
would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions
established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions
of the contract.
SECTION 9 - MEASUREMENT & PAYMENT --
99 PAYMENT.
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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. 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 685.010 of the Code of Civil Procedure.
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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.
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.
9-3.2.1 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
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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
remaining in dispute.
Add the following section:
9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated
into the work will not be included in the progress estimate.
Add the following section:
9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be included in the various items of work and no other payment will be made.
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SPECIFICATIONS FOR PLAYGROUND EQUIPMENT
/ Improvements to be supplied at Calavera Park, are to include playground equipment
- specified and modification of existing handicap accessible surfacing.
Plav Unit
Play equipment to meet all Americans with Disabilities Act, Consumer Product Safety
Commission, and American Society of Testing Materials acceptable standards.
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The play apparatus shall have a right hand transfer module with 40” triangle deck with 2
40” triangle deck ext. For fire pole, double poly slide, 72” deck, 48” deck (triangle) (2),
48” deck (square), 24” deck (square), 32” deck (triangle), 96” deck for Turbo Twist
Slide.
Swing
A separate swing unit shall be a swing type, with two (2) full bucket seat and two (2)
slash proof belt seat.
Surfacing
Pull out and demo 416 square feet of existing resilient “Comfort Turf” surfacing located
adjacent to existing playground equipment apparatus. Reuse existing concrete base. -- Pour in place 416 square feet of seemless rubberized surfacing. The thickness will be
1 %” to 3”. Product to be used will be Surface America, Inc., or approved equal. An
additional 425 square feet of surfacing will be installed to provide access to one of the
swings and a spring rider. The thickness will be three inches (3”). The product to be
used will be Surface America, Inc., or approved equal. Colors to be specified. See
pages 8 and 9 for details.
SPECIFICATIONS
General
MATERIAL: All materials shall be structurally sound and suitable for safe play.
Durability shall be insured on all steel parts by the use of time tested coatings such as
zinc plating, powdercoatina, TenderTuff-coatinq, etc. Colors to be specified.
HARDWARE (FASTENERS): Primary fasteners shall be socketed and pinned
tamperproof in design, either carbon steel plated with zinc/nickel and iridescent
chromate finish or stainless steel (SST). All hardware is to include a locking patch type
material. The material, when allowed the 72 hour cure time, shall require a minimum of
4 times the installation torque to remove the fastener. Manufacturer to provide special
tools for pinned hex fasteners.
-- PLATED FASTENERS: To be steel plated with zinc/nickel and iridescent chromate
- finish, such as the 3/8” tee nuts and 3/8” hex-pin flange nuts.
wuEmARvKJass Ma. we7 EPECS-PlAVGRC%MD EQJlP 1
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BOLT LINKS I DOUBLE CLEVIS: Bolt links shall be steel forging with a zinc alloy
finish and supplied with a 318” x 1 w hex-pin limited thread bolt. Fasteners are a 7116”
x 2 7/16” hex head limited thread bolt and a 3/8” x 1 %” hex-Din limited thread bolt.
TENDERTUFF-COATING: All metal components to be TenderTuff-coated shall be
thoroughly cleaned in a hot phosphatizing pressure washer, then primed with a clear
acrylic thermosetting solution. Primed parts shall be preheated prior to dipping in U.V.
stabilized, liquid poly vinyl chloride, then salt cured at approximately 400 degrees. The
finished coating shall be approximately ,080” +- .020” thick, at an 85 durometer
hardness and have a matte finish. Four standard colors are available.
POLYESTER POWDER-COATING: All metal components to be powdered shall be
free of excess weld and spatter. Parts shall then be thoroughly cleaned in a 6 stage
pretreatment system with a hot phosphatizing bath and a non-chrome seal for corrosion
resistance, then thoroughly dried. Powdercoating shall be electrostatically applied and
oven cured at 400 degrees.
Average thickness: 4 Mils.
Polyester powder shall meet or exceed ASTM Standards for:
Adhesion (D-33598) Hardness
Impact (D-2794) Salt Spray resistance
(D-2794)
(B-l 17)
Quality Assurance shall employ “checkered” adhesion test daily and salt spray test
(500-700 hours) monthly. Color choices are: One of ten standard colors.
FOOTINGS: Unless otherwise specified, the bury on all footings shall be 34” below FG
(Finished Grade) on all in-ground play events/posts.
DECKS: All Tenderdecks shall be of modular design and have %” diameter holes on
the standing surface. There shall be (4) slots in each face to accommodate face
mounting of components. Tenderdecks shall be manufactured from a single piece of
low carbon 12 gauge (. 105”) sheet steel conforming to ASTM specification A-569. The
sheet shall be perforated then flanged formed and reinforced as necessary to insure
structural integrity. The unit shall then be TenderTuffOcoated brown only. Tenderdecks
shall be designed so that all sides are flush with the outside edge of the supporting
posts.
ROTATIONALLY MOLE0 POLY PARTS: These parts shall be molded of a linear
low density polyethylene that is U.V. and color stabilized. Wall thickness varies by
product from .187” (3/l 6”) to -312” (5/l 6”). Rotationally molded products shall meet or
exceed tensile strength of 2700 psi per ASTM 0638. Four standard colors are
available.
PERMALENE PARTS: These parts shall be manufactured from material that is
compression molded, %” thick, high density polyethylene that has been specially
formulated for optimum U.V. stability and color retention. Compression molded
products shall meet or exceed density of .933 G/cc per ASTM 01505, tensile strength
of 2400 psi per ASTM 0638. Five standard colors are available. Some permalene
parts are available in a two-color laminate product with .I 25” thick exterior laminates
H:NBRARYlDDuGS M&L 1997 SPECWIAYGRWND EGUIP 2
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over a .500” interior core of a contrasting color. Seven standard two-color parts are
available.
PLAYBOOSTER GENERAL SPECIFICATIONS: The play apparatus shall be
landscape structures model 1191515 or equal. It shall have the following components:
4 decks, 3 slides, transfer point, transfer module deck, Corkscrew, Turbo and Double
poly, Clatterbridge, Chain ladder, two Permalene vertical ladders, Overhead
parallel/Horizontal bars, Tic tat toe panel, Pipe barreir, Zoo panel.
POSTS: Post lengths shall vary depending upon the intended use and shall be a
minimum of 42” above the deck height. All posts shall be powdercoated as specified.
All posts shall have a “finish grade marker” positioned on the post identifying the 34” bury line required for correct installation and the top of the loose fill protective surfacing.
Top caps for posts shall be aluminum die cast from 369.1 alloy and powdercoated to
match the post color. All caps shall be factory installed and secured in place with (3)
self sealing rivets. A molded low density polyethylene cap shall be pressed onto the
bottom end of the post to increase.the footing area from 2 square inches to 20 square
inches and serve as a moisture barrier.
ALUMINUM POSTS: All aluminum Playbooster posts are manufactured from 6061-
T6 extruded tubing conforming to ASTM B-221 and QQ-A-20018. Posts shall have a 5
outside diameter with a .I 25” wall thickness.
ALUMINUM: Yield Strength (min): 35,000 PSI
Tensile Strength (min): 38,000 PSI
% Elongation in 2 inches: 10
Modulas of Elasticity: 10x lO(6)PSI
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ARCHES: Aluminum arches shall be manufactured from 6061-T6 alloy. The arch
shall be formed to a 21” centerline radius to complement the 42” center to center
module. The arch shall be one continuous piece construction. There shall be no welds
or additional pieces mechanically fastened to manufacture the arch. Each arch shall be designed to provide a minimum of 82-l/2” clear span from the deck to the inside of the
arch at the radius peak. Arches shall be powdercoated to a specified color.
CLAMPS: All clamps, unless otherwise noted, shall be die cast with a 369.1
aluminum alloy and have the following mechanical properties:
A. Ultimate Tensile:47,000 PSI
B. Yield Strength: 28,000 PSI
C. Elongation: 7% in 2 inches
0. Shear Strength: 29,000 PSI E. Endurance Limit: 20,000 PSI
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ws.lsMRYnJDuGs MhL ,987 SPEC!SPL4YGRWND EQUIP 3
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Each functional clamp assembly shall have an appropriate number of half clamps and
shall be fastened to mating parts with (2) 3/8” standard fasteners and recessed “T”
nuts. A %” aluminum rivet w/stainless steel pin is used to insure a secure fit to the post.
Playbooster clamps have three functional applications and shall be named as follows:
1.) Offset hanger clamp assembly shall utilize an offset design concept and is used to
attach standard pipe rails to posts. Offset hanger clamp shall utilize a 5/8” x 2 %”
standard fasteners to secure rail to clamp. (1) half clamp per “General Clamp
Specification” above shall be supplied with each offset hanger clamp.
2.) Deck hanger clamp assembly is used to attach Tenderdecks to 5” posts. Each
clamp shall be a predrilled for acceptance of the 318” stainless steel (deck) stud,
and stainless steel nut and washer shall complete attachment hardware. (1) half
clamp per “General Clamp Specification” above shall be supplied with each deck
hanger clamp.
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3.) ‘7” clamp assembly is used to connect 5” beams to 5” posts and shall be permanent
mold cast of 365 alloy and treated to T6 hardness and welded to 5” aluminum
beams. (2) half clamps per “General Clamp Specification” above shall be supplied
with each “T” clamp.
RAILS, HANDLOOPS: These parts shall be manufactured using 1 - l/8” 0.0. steel
tubing with a .120” wall thickness. Each end of the rail / handloop shall have a stainless
steel knurled, welded insert with 5/8” internal threads. Exposed rails, and handloops
shall be TenderRuff-coated. No other coating is acceptable.
All exposed rails and handloops shall be secured to supporting posts with (2) offset
hanger clamp assemblies and 518” x 2 X” standard fasteners, rails are 40 7116” long.
Handloops are formed with a 4 w” radius.
Rails used for poly wall panels shall be manufactured using extruded 6061- T6
aluminum alloy that measures 1 l/8” 0.0. with a wall thickness of 5/16” and length (For
more detail on pipebolts, refer to PlayVenture.) -
TENDERDECKS: All PlayBooster Tenderdecks shall conform to the “General
Specifications” and utilize 3/8” stainless steel welded studs with stainless steel nuts and
washers to secure them to deck hanger clamps. Optional shapes of Tenderdecks are
listed below.
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PLAYBOOSTER COMPONENTS AND ATTACHED PLAY EVENTS:
ONE-PIECE SQUARE DECK: This Tenderdeck shall conform to the “General
Specifications” and have a finished size of 2 5/8” x 47” x 47”.
ONE -PIECE TRIANGULAR DECK: This Tenderdeck conforms to the “General
Specifications”. The finished size of each of the three sides measures 2 5/8” x 37 %
on the face of the deck.
H:AImARYnalG% t&L 1007 SPECSPLAVGRCUND EQUIP 4
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ARCH ROOF: PlayBooster only: The roof shall be made from 16 gauge steel
perforated with %” diameter holes and 1 l/8” 0.0. reinforced rails welded to each end.
The roof weldment shall be zinc plated after fabrications. The sides fasten to the arch
flange at 3 points on each side. The arch flange is ?J x 1 % u 6061-T6 aluminum rolled
to match the arch centerline and welded directly to the arch. Roofs are powdercoated
to match arch frames.
TRANSFER MODULE: The 16” high transfer deck shall be 36” square with rounded
edges, 718” perforations and a 5” diameter support leg. Steps shall be 36” wide, 14”
deep and be fully enclosed and have perforated treads. Handrails shall be fabricated of
1 l/8” 0.0. steel tubing with a .120” wall thickness. The handrails and a transfer
handbar shall be TenderTuff-coated. Transfer module shall provide access to 32”, 40”,
and 48” deck heights. Transfer module deck and steps shall be TenderTuff-coated
brown.
PERMALENE PANELS: All panels shall be manufactured from Permalene (see
General Specifications). Panel size is 35 518” wide x 41” high. The panel shall be
attached to the posts with (2) offset hanger assemblies (PlayBooster) with extension
sleeves and standard 318” standard fasteners. Panel shall extend above the deck a
minimum of 38.”
DRIVER PANEL: TenderTuff - coated steering wheel. Cut-in fuel gauge and shifter.
STORE PANEL: 4 K wide counter top for fantasy play.
SPYROSLIDE: Slide shall be rotationally molded and be comprised of two pieces;
one entrance hood section, and one sliding section. Sections shall be connected using
recessed standard 318” fasteners into molded-in “T” nuts. The sections shall be
supported by a 3 %” 0.0. steel center column. Protective side walls shall extend 14”
upward from the sliding surface and continue throughout the sliding surface into the exit
region. The entrance deck shall conform to the “General Specifications” for
tenderdecks and be 2 518” x 32” x 37”. The entrance deck face mounts to entrance hood section as well as to the adjoining deck. Barriers shall be rotationally molded, 38”
high and attach to posts as an enclosure.
SLIDEWINDER: Slidewinder shall be rotationally molded and be comprised of one
entrance section, one exit section and a right elbow and straight section. Sections shall
be attached to each other with standard 318” recessed fasteners and 9/l 6” diameter
HOPE alignment pins. Slidewinder shall attach to 32“ through 72” deck heights.
Entrance section shall face mount to decks along with a 40 7116” pipebolt through the
top of the entrance section which shall be attached to PlayBooster posts with (2) offset
hanger assemblies. There shall be an exit footer made from 2 318” O.C. galvanized
steel tubing and a mid-support for the slide made from 1.900” 0.0. galvanized steel
tubing. Both exit footer and mid-support shall be powdercoated to match the slide color.
LOOP ARCHES: Main supports shall be fom\ed from 1.660” 0.0. galvanized steel
side rails and 1.315” 0.0. galvanized steel loops. The loops shall be formed at 180
degrees with a 12” radius and are continuously welded to the side rails. Unit shall have
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HAlsRARYmwGS M&L Is07 SPECS-PLAYGRWND EQUIP 5
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two handloops and be face mounted to the deck. Unit shall be powdercoated to a
specified color.
WHEEL: The 12” diameter wheel with offset hub shall be cast from 319.1 aluminum
allow. The wheel shall be tendertuff-coated and have two oil impregnated bushings
pressed into the hub for a .620” diameter stainless steel bolt axle. Standard 318”
fasteners with bolt caps shall secure the wheel to the enclosure.
SWINGS: Swings shall be single post type with two (2) seats, landscape structures
model 122837 or equal. />
POSTS: 5” 0.0. 11 gauge steel with factory riveted die cast 369.1 allow caps. Unit
coated with a baked-on polyester powder coating.
CLAMPS: Cast from 369.1 aluminum alloy coated with a baked-on polyester powder
coating.
BEAMS: Fabricated from 2.375” 0.0. RS 40 galvanized steel tubing with
continuously-welded 3” wide zinc-plated steel clamps on 1 ‘??” housings with bronze
bushings. Unit coated with a baked-on polyester powder coating.
CHAINS: 4/O chain zinc- plated with Tender Tuff coating. -
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SEATS: One (1) belt seat and one (1) full bucket seat. The belt seat shall be
molded of U.V. stabilized high quality black rubber encapsulating a steel cable
reinforcing the connecting stainless steel end plates. The perimeter shall be molded to
form a blunt, impact absorbing edge. No exposed parts are acceptable. The size shall
be 5” x 26” x %” thick. The full bucket seat shall be constructed in the same manner
with a 24 gauge stainless steel reinforced plate and shall have aluminum handle
covered with 60 durometer black neoprene grip. Handle to fasten directly to chain with
limited thread bolt.
WARRANTY: All structures and I or equipment sold will conform in kind and
quality to the specifications set forth in the Acknowledgment of Order and will be free of
defects in workmanship and material.
100 YEAR LIMITED WARRANTY for all aluminum; posts, clamps, beams, and caps,
against structural failure due to corrosion, deterioration or workmanship. This warranty
does not include any cosmetic issues.
10 YEAR LIMITED WARRANTY for all plastic and steel components against structural
failure due to corrosion, deterioration or workmanship. This warranty does not include any cosmetic issues.
1 YEAR LIMITED WARRANTY for all moving parts; Swing Seats and Swing Hangers;
and against failure due to corrosion, deterioration or workmanship.
The warranty stated above is valid only if the structures and I or equipment is erected in
conformance with manufacturers installation instructions and maintained according to proper maintenance procedures.
llmm4RYIDDLlG3 M6L loo7 SPECSPUYGRCUND EQUIP 6
- COLORS All color selections to be determined by City of Catlsbad representative at
time of order. -
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HAISRARYIDOUO’S UIL IOU7 SPECS-PUYGROLWD EGLHP -
SPECIFICATIONS FOR HANDICAP ACCESSIBLE
PROTECTIVE PLAYGROUND SURFACING
(Poured-in-Place Safety Surface)
- I. General Reauirements
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A. Shall be a poured in-place safety surface and shall be used as a resilient shock
absorbing cushion. It shall be porous throughout, entirely seamless and shall
create a tight seal. It shall be a two (2) layer surface consisting of a soft cushion
layer covered by a durable weather resistant wearing layer. It shall have the
capability of installation and use over hard surfaces such as asphalt, concrete or
tile and loose aggregate surfaces such as dirt, sand, gravel, etc. All installations
shall meet or exceed the Consumer Product Safety Commission’s guidelines for
playground surfaces. Once installed, the surface cannot be relocated.
- B. The poured in-place surface shall also meet accessibility requirements as
stipulated in the Americans with Disabilities Act (ADA). This means that the
surface shall be firm enough to support wheelchairs, crutches, and walkers.
C. The Contractor shall properly install each layer of the product to guarantee the
impact attenuation characteristics outlined above, as well as remain within accessibility guidelines. The contractor to successfully complete the installation -- process shall provide all the labor, materials, and equipment.
- 0. The poured in place surface material shall be guaranteed by the manufacturer
for five (5) years. The poured in place materials shall be guaranteed by a 5-
year manufacturer’s warranty. Installation workmanship is guaranteed for a one
(1) year period.
II. Surface Wecifications
c .
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A. Cushion Course: Shall consist of a fifty/fifty (50150) combination by weight of
strand and cuboidal SRB rubber particles bonded by a 100% MDI based
polyurethane binder applied to 100% of the particles. The cushion course is a
precise mixture of these three component parts with an installed thickness of l-
- l/2” to 3” inches specified.
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B. Wearing Course: Shall be of EPDM Rubber granules Imm - 4mm chipped, bonded by a 100% polyurethane binder applied to 100% of the granules. The
wearing course is a precise mixture of these two parts with an installed thickness
of 318 inch.
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C. Polypropylene Fabric: Shall be used as a weed control blanket and shall pertain to installations over loose aggregates only.
D. All Component Parts: Shall be pre-measured and sealed in individual
contain&s for consistent quality control during installation.
E. Finish: The wearing course shall be hand troweled to produce an even,
uniform surface. Transition edges shall be beveled or flush.
C
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