HomeMy WebLinkAboutPortillo Concrete; 1998-06-26; 3523-21
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TABLE OF CONTENTS I,, Paqe
NOTICE INVITING BIDS ............................................................................................................ 4
CONTRACTORS PROPOSAL .................................................................................................. 8
BID SECURITY FORM ............................................................................................................ 12
BIDDERS BOND TO ACCOMPANY PROPOSAL ................................................................... 13 I GUIDELINES FOR COMPLETING THE “DESIGNATION OF SUBCONTRACTOR AMOUNT
OF SUBCONTRACTORS BID” AND “DESIGNATION OF OWNER OPERATOWLESSOR & 1 AMOUNT OF OWNER OPERATOWLESSOR WORK” FORMS ........................................ 15
DESIGNATION OF SUBCONTRACTOR & AMOUNT OF SUBCONTRACTORS BID .......... 17
[ DESIGNATION OF OWNER OPERATOWLESSOR &AMOUNT OF OWNER OPERATOWLESSOR WORK ................... ... ..... . .. .... ............... ................. ... ......... .. ........ ........ 18 1 BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY .................................................. 19
BIDDERS STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE ................................. 20 I BIDDERS CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS’
LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS’ COMPENSATION ........................... 21 1 ‘BIDDER S STATEMENT OF RE-DEBARMENT ...................................................................... 22
BIDDERS DISCLOSURE OF DISCIPLINE RECORD ................................................... 23
NON-COLLUSION AFFIDAVIT TO BE EXECUTED 1
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BY BIDDER AND SUBMITTED WITH BID ............................................................................... 25
CONTRACT PUBLIC WORKS ................................................................................................. 26
LABOR AND MATERIALS BOND ............................................................................................ 33
FAITHFUL PERFORMANCEWARRANTY BOND ................................................................... 35
REPRESENTATION AND CERTIFICATION ............................................................................ 37
ESCROW AGREEMENT FOR SECURITY
DEPOSITS IN LIEU OF RETENTION (OPTIONAL) ................................................................ 38
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SPECIAL PROVISIONS
SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION PART I, GENERAL PROVISIONS ............................................................. 41
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TABLE OF CONTENTS
(continued) e 1 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS .. ........... .59
SUPPLEMENTAL PROViSiONS TO STANDARD SPECiFiCATiONS FOR PUBLIC WORKS
CONSTRUCTION PART 3, CONSTRUCTION METHODS ...................................................... 60
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Page 3 of ! kg 1/08/98 Contract No. 3523-2
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CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS 0
Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Carlsbad Villa!
Carlsbad, California 92008-1989, until 4:OO P.M. on the 26THday of March, 1998, at which time th
opened and read, for performing the work as follows:
I
1998 SOUTHEAST QUADRANT
PEDESTRIAN CURB RAMP IMPROVEMENT PROJECT
CONTRACT NO. 3523-2
The work shall be performed in strict conformity with the specifications as approved by the City c
the City of Carlsbad on file with the Engineering Department. The specifications for the work in
Standard Specifications for Public Works Construction (1 997 Edition) and the 1998 supplement tt
hereinafter designated “SSPWC as issued by the Southern California Chapter of the Americi
Works Association and as amended by the special provisions sections of this contract. Reference
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 contractor!
recycled and recyclable materials when available, appropriate and approved by the Engineer.
The City of Carlsbad may disqualify a contractor or subcontractor from participating in biddin!
contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in th
California as an irresponsible bidder.
No bid will be received unless it is made on a proposal form furnished by the Purchasing Der
Each bid must be accompanied by security in a form and amount required by law. The bidder’s 5 I the second and third next lowest responsive bidders may be withheld until the Contract has I
executed. The security submitted by all other unsuccessful bidders shall be returned to them, o
void, within ten (IO) days after the Contract is awarded. Pursuant to the provisions of law (Public
Code section 10263), appropriate securities may be substituted for any obligation required by this I for any monies withheld by the City to ensure performance under this Contract. section 10263 of
Contract Code requires monies or securities to be deposited with the City or a state or federally
bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negl 1 and omissions of the agent in connection with the handling of retentions under this section in an ai less than $1 00,000 per contract.
# The documents which comprise the Bidder‘s proposal and that must be completed, properly exe
notarized are:
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I. Contractor’s Propos -4 ‘ Certificate of Insurance a\ r ! g Bidder’s Bond ;: x-
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) Bidder’s Statement Re Debarment% #X Non-Collusion Affi Bidder’s Disclosure of Discipline Rec 1 / Designation of Subcontractors and Amount of Purchasing Department Representa
/.!f Designation of Owner Operator/Lessorsv” & p Escrow Agreement for Security DE
(optional, must be completed if thc 1 @j,> Bidder’s Statement of Financial Responsibility .\“\. wishes to use Escrow Agreer a Bidder’s Statement of Technical Ability and W security.) I@ Experience
8 W 1/08/98 Contract No. 3523-2 Page 4 of
Subcontractor Bid \? ’ IC, Certification 3?y
1 Amount of Owner Operator/Lessor Work
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All bids will be compared on the basis of the Engineer's Estimate. The estimated quanti 1 approximate and serve solely as a basis for the comparison of bids. The Engineer's Estii
I. $83'688m No bid shall be accepted from a contractor who is not licensed in accordance with the provi
California state law. The contractor shall state their license number, expiration d;
classification in the proposal, under penalty of perjury. The following classifications are acc
for this contract: A, C12, C32 in accordance with the provisions of state law.
If the Contractor intends to utilize the escrow agreement included in the contract document
of the usual 10% retention from each payment, these documents must be completed and SI
with the signed contract. The escrow agreement may not be substituted at a later date.
Sets of plans, special provisions, and Contract documents may be obtained at the Pur
Department, City Hall, 1200 Carlsbad Village Drive, Carlsbad, California, for a non-refundab
$15.00 per set. If plans and specifications are to be mailed, the cost for postage should be
Any prospective bidder who is in doubt as to the intended meaning of any part of the dl
specifications or other contract documents, or finds discrepancies in or omissions from the c
and specifications may submit to the Engineer a written request for clarification or correctic
response will be made only by a written addendum duly issued by the Engineer a coy of w
be mailed or delivered to each person receiving a set of the contract documents. No additic
modification of or interpretation of any provision in the contract documents will be given o
may any bidder rely on oral directions.
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregi
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10 informality in such bids.
The general prevailing rate of wages for each craft or type of worker needed to execute the (
shall be those as determined by the Director of Industrial Relations pursuant to the sectior
1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a currf
of applicable wage rates is on file in the Office of the City Engineer. The Contractor to w Contract is awarded shall not pay less than the said specified prevailing rates of wagc
workers employed by him or her in the execution of the Contract.
The Prime Contractor shall be responsible for insuring compliance with provisions of sectior
of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Sublett
Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer
purposes of section 41 07 and 41 07.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall
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 indi
this proposal, times the unit price as submitted by the bidder. In case of a discrepancy
words and figures, the words shall prevail. In case of an error in the extension of a unit p
corrected extension shall be calculated and the bids will be computed as indicated ab
compared on the basis of the corrected totals.
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All prices must be in ink or typewritten. Changes or corrections may be crossed out and t: written in with ink and must be initialed in ink by a person authorized to sign for the Contract0
Bidders are advised to verify the issuance of all addenda and receipt thereof one day
bidding. Submission of bids without acknowledgment of addenda may be cause of rejection (
Bonds to secure faithful performance and warranty of the work and payment of labore
materials suppliers, in an amount equal to one hundred percent (100%) and fifty percent
respectively, of the Contract price will be required for work on this project. These bonds :
kept in full force and effect during the course of this project, and shall extend in full force an
and be retained by the City until they are released as stated in the Special Provisions sectior
contract. All bonds are to be placed with a surety insurance carrier admitted and authoi
transact the business of insurance in California and whose assets exceed their liabilitiei
amount equal to or in excess of the amount of the bond. The bonds are to contain the fc
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by I other instrument entitling or authorizing the person who executed the bond to do so.
2) A certified copy of the certificate of authority of the insurer issued by the in
commissioner.
If the bid is accepted, the City may require copies of the insurer's most recent annual statem
quarterly statement filed with the Department of Insurance pursuant to Article 10 (comrnenc
section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar
the insurer's receipt of a request to submit the statements.
Insurance is to be placed with insurers that have (1) a rating in the most recent Best's Ke)
Guide of at least A-:V, and (2) are admitted and authorized to transact the business of insui
the State of California by the Insurance Commissioner. Auto policies offered to m
specification of this contract must: (I) meet the conditions stated above for all insurance cor
and (2) cover anv vehicle used in the performance of the contract, used onsite or offsite, 1
owned, non-owned or hired, and whether scheduled or non-scheduled. The auto in:
certificate must state the coverage is for "any auto'' and cannot be limited in any manner.
Workers' compensation insurance required under this contract must be offered by a cc
meeting the above standards with the exception that the Best's rating condition is waived. 1
does accept policies issued by the State Compensation Fund meeting the requirement for i
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R compensation insurance.
1 The Contractor shall be required to maintain insurance as specified in the Contract. Any a
cost of said insurance shall be included in the bid price.
The award of the contract by the City Council is contingent upon the Contractor submil
required bonds and insurance, as described in the contract, within twenty days of bid openir
Contractor fails to comply with these requirements, the City may award the contract to the sc
third lowest bidder and the bid security of the lowest bidder may be forfeited.
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The prime contractor and all subcontractors are required to have and maintain a valid
Carlsbad Business License for the duration of the contract.
Approved by the City Council of the City of Carlsbad, California, by Resolution No. 98-5, i
I I. on the 6th day of January, 1998.
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CITY OF CARLSBAD
1998 SOUTHEAST QUADRANT
PEDESTRIAN CURB RAMP IMPROVEMENT PROJECT
CONTRACT NO. 3523-2
I.
CONTRACTOR’S PROPOSAL
City Council City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
The undersigned declares he/she has carefully examined the location of the work, read th
Inviting Bids, examined the Plans, Specifications, Special Provisions and addenda ther
hereby proposes to furnish all labor, materials, equipment, transportation, and services rec
do all the work to complete Contract No. 3523-2 in accordance with the Plans, Specif
Special Provisions and addenda thereto and that he/she will take in full payment ther following unit prices for each item complete, to wit:
Item Quantity Unit - No. Descriotion and Unit Price Total
1 Construct Type A Pedestrian 10 EA
Approxi mate
er SDRSD G-27 at
Dollars Each
2 Construct Type B Pedestrian 1 EA
Dollars Each I 3 Construct Type C Pedestrian 51 EA d
Dollars Each 1 :;c ~ 4 Remove and Relocate Street 1 EA
Dollars Each
Total amount of bid in words:
Total amount of bid in numbers: $
Price(s) given above are firm for 90 days after date of bid
vq 7 :< 2; ?-% ;j
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LTF2L -9- La./. ,Z’,L/< 2 ,” // c’5-’-“
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hadhave been received and islare includec & Addendum(a) No@).
The Undersigned has carefully checked all of the above figures and understands that the
not be responsible for any error or omission on the part of the Undersigned in preparing this
The Undersigned agrees that in case of default in executing the required Contract with nc
bonds and insurance policies within twenty (20) days from the date of award of Contract by
Council of the City of Carlsbad, the City may administratively authorize award of the contra second or third lowest bidder and the bid security of the lowest bidder may be forfeited.
The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensc
business or act in the capacity of a contractor within the State of C ifornia, validly licensc license number LZ2 kq Lk , classification .C $-% which ex
, and that this statement is true and correct and has the legal
A bid submitted to the City by a Contractor who is not licensed as a contractor pursuar
Business and Professions Code shall be considered nonresponsive and shall be rejected by
§ 7028.15(e).
invalidated by the failure of the bidder to be licensed in accordance with California law. Hov
the time the contract is awarded, the contractor shall be properly licensed. Public Contrac
§ 201 04.
The Undersigned bidder hereby represents as follows:
1. That no Council member, officer agent, or employee of the City of Carlsbad is pc
interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder
representation, oral or in writing, of the City Council, its officers, agents, or employees has I
him/her to enter into this Contract, excepting only those contained in this form of Contract
papers made a part hereof by its terms; and
2. That this bid is made without connection with any person, firm, or corporation making q
the same work, and is in all respects fair and without collusion or fraud.
(Cash, Certified Chec Accompanying this proposal is
or Cashier's Check) for ten percent (10%) of the amount bid.
The Undersigned is aware of the provisions of section 3700 of the Labor Code which requirc
employer to be insured against liability for workers' compensation or to undertake self-insu
accordance with the provisions of that code, and agrees to comply with such provision:
commencing the performance of the work of this Contract and continue to comply until the
is complete.
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2,
to the general prevailing rate of wages for each craft or type of worker needed to exel
Contract and agrees to comply with its provisions.
1 proposal. I.
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14 ij-:: -y-j 0: an affidavit*
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I In all contracts where federal funds are involved, no bid submitted
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IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname) of proprietor
(3) Place of Business
City and State I-
-3 Er&A
(Street and Number)
"~.
A n
I (4) Zip Code 4 ' 6-56 --? \ Lj -7f -p LLd -
I IF A PARTNERSHIP, SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname and character of partner) (Note: Signature must be m:
general partner)
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I (3) Place of Business
(Street and Number) I 0 City and State
1 (4) Zip Code Telephone No.
IF A CORPORATION. SIGN HERE:
(1) Name under which business is conducted I
1 (2)
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(Signature)
(Tit le)
Impress Corporate Seal t
(3) Incorporated under the laws of the State of
(4) Place of Business
(Street and Number)
City and State
Telephone No. I o (5) Zip Code
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NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES ML 1 ATTACHED
List below names of president, vice president, secretary and assistant secretary, if a corporE
partnership, list names of all general partners, and managing partners:
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BID SECURITY FORM
(Check to Accompany Bid) I. (NOTE: The following form shall be used if check accompanies bid.)
Accompanying this proposal is a *Certified *Cashiers check payable to the order of (
CARLSBAD, in the sum of I>\ 4 q I
dollars ($
this amount being ten percent (10%) of the total amount of the bid. The proceeds of this chi
become the property of the City provided this proposal shall be accepted by the City throus
of its legally constituted contracting authorities and the undersigned shall fail to execute a
and furnish the required Performance, Warranty and Payment Bonds and proof of ir
coverage within the stipulated time; otherwise, the check shall be returned to the undersigi
proceeds of this check shall also become the property of the City if the undersigned shall 1
his or her bid within the period of fifteen (15) days after the date set for the opening thereo
otherwise required by law, and notwithstanding the award of the contract to another bidder. I
BIDDER
*Delete the inapplicable word.
(Note: If the Bidder desires to use a bond instead of check, the Bid Bond form on the
pages shall be executed--the sum of this bond shall be not less than ten percent (10%) of
amount of the bid.)
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BIDDERS BOND TO ACCOMPANY PROPOSAL
0 KNOW ALL PERSONS BY THESE PRESENTS:
That we,
as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as folk
(must be at least ten percent (10%) of the bid amount) $io,ooo,oo for \n payment, well and truly made, we bind ourselves, our heirs, executors and administra
successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the at:
bounden Principal for:
0
AMERICAN CONTRACTORS
, as Principal, and IrnmIm cowm PORTILLO CONCRETE
1998 SOUTHEAST QUADRANT
PEDESTRIAN CURB RAMP IMPROVEMENT PROJECT
CONTRACT NO. 3523-2
in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into
execute a Contract including required bonds and insurance policies within twenty (20) days fron
date of award of Contract by the City Council of the City of Carlsbad, being duly notified of
award, then this obligation shall become null and void; otherwise, it shall be and remain in full 1
and effect, and the amount specified herein shall be forfeited to the said City.
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In the event Principal executed this bond as an individual, it is agreed that the death of Prim
shall not exonerate the Surety from its obligations under this bond.
Executed by PRINCIPAL this 24TH Executed by SURETY this 24m d:
PRINCIPAL: SURETY:
(name of Principal)
By: (sign here) (address of Surety)
a
day of MARm 7 1925 IfARCfl ,I9 98 .
pcpJ \Qb-3 CDpkJZETt-, m (name of Surety)
1081 MINO DEL RIO SOUTH, SUITE 107
SAN DIEGO, CA 92108
I'Bjl j3RI 2 p/y.J-[ L~: (619)297-2900
(print name here) (telephone number of Surety)
/ ER By:
(Title and Organization of Signatory)
By:
(sign here)
(print name here)
(signature of Attorney-in-Fact)
CYNTJ3IA J. BAREBETT, ATTORNEY IN FACT
(printed name of Attorney-in-Fact)
(Attach corporate resolution showing cu
power of attorney.)
(title and organization of signatory)
(Proper notarial acknowledge of execution by PRINCIPAL and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If
one officer signs, the corporation must attach a resolution certified by the secretary or assi secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
,1; By: hJ&d i
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CALIFORNIA
before me, SHERYL SMITH, NOTARY PUBLIC
OATE NAME. nrix OF OFFICER. E G 'JANE DOE NOTARY PU
personally appeared CYNTHIA J. BARNETT
NAMEIS) Of SIGNERIS)
&personally known to me - OR - proved to me on the basis of satisfactory c
to be the person(&f whose name@
subscribed to the within instrument
knowledged to me thatXWshehta.y e
the same in 2us/her/Si%%x aut
capacity-, and that by-h
signaturets) on the instrument the PE
or the entity upon behalf of wh
person(s) acted, executed the inst
Though the data below is not required by law. it may prove valuable to persons reiying on the document and CI
fraudulent reattachment of this form.
DESCRIPTION OF ATTACHED DO( CAPACITY CLAIMED BY SIGNER
c] CORPORATE OFFICER
TITLE OR TYPE OF DOCUMEN WS)
a AnORNN-iN-FACT NUMBER OF PAGES
c GUARDIAN/CONSERVATOR
DATE OF OOCUMENT
-.
SIGNER IS REPRESENTING: NAMOF PERSoN(S) OA ENrrTygEs)
SIGNER(S) OTHER THAN NAMED P
ICW GP 616
- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORPU
SAN DIEGO
On MARCXI 24, 1998 before me, CYNTHIA J. B-TT, NOTARY PUBLIC
DATE NAME, TITLE OF OFFICER - E G ,"JANE DOE, NOTARY PUBLIC'
personally appeared MARIO PORTILLO
=personally known to me - OR - 0 proved to me on the basis of satisfactory evic
to be the person(s) whose name(s) i
subscribed to the within instrument an
knowledged to me that he/she/they exel
the same in his/her/their autho
capacity(ies), and that by hidher,
signature(s) on the instrument the persc
or the entity upon behalf of whick
person(s) acted, executed the instrur
WITNESS my hand and official seal.
NAME@) OF SIGNER(S)
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
fraudulent reattachment of this form.
DESCRIPTION OF ATTACHED DOCUR CAPACITY CLAIMED BY SIGNER
[7 CORPORATE OFFICER BID BOND
TITLE OR TYPE OF DOCUMENT TITLE(S)
NUMBER OF PAGES
. 3-24-98
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
PORTILLO CONCRETE
NAME OF PERSON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABO'
01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet @e., P 0. Box 7184 Canoga Park
A
American Contractors Indemnity Company
Los Angeles, California
POWER OF ATTORNEY
0
KNOW ALL MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS INDEMNITY COMPANY, a Calif0
(the “Company”), and having its principal office in Los Angeles, California does hereby constitute and appoint:
Cynthia J. Barnett
as its true and lawful Attorney(s)-in-fact, in amount of $ unlimited , to execute, seal and deliver ftr and on its beb and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrumel
of these presents, shall be as binding upon the said AMERICAN CONTRACTORS INDEMNITY COMPANY, as fully
intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its print
This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of resolutions adc
of Directors of AMERICAN CONTRACTORS INDEh4NITY COMPANY at a meeting called and held on the 6th day of Dec
RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or ASl
shall have power and authority.
1. To appoint Attorney@)-in-fact and to authorize them to execute on behalf of the Company, and attach the Seal thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and
2. To remove, at any time, any such Attorney-in-fact and revoke the authority given.
RESOLVED FURTHER, that the signature of such officers and the seal of the Company may be affixed to any such pow an certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures
be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and fat
b dt alid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.
IN WITNESS WHEREOF, AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to 1
corporate seal to be affixed by its authorized officer this 26th day of March
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
- , personally appeared Andv 1 personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me thai
same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which I
executa the instrument.
Deborah Reese before me, on March 26, 1997
T WlTNXSS my hand and official seal. COMM. # 1- Notaw PuMic - California 1LhA /lea^-
CERTIFICATION
dersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I hay
foregoing copy of the Power of Attorney and affidavit, and the copy of the resolution adopted by the Board of Directors I
as et forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, :
ct transcripts thereof and of the whole of the said originals, and that the said Power of Attorney has not been revoked ~
ce and effect.
MARCH 24TH day of
&
IN TESTIMONY WHEREOF, I have hereunto set my hand this
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GUIDE FOR COMPLETING
THE "DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTORS BID"
AND
"DESIGNATION OF OWNER OPERATOWLESSOR AND
AMOUNT OF OWNER OPERATOWLESSOR WORK" FORMS
REFERENCES Prior to preparation of the following Subcontractor and Owner Operatc
disclosure forms Bidders are urged to review the definitions in section 1-2 of the SSPWC a
Special Provisions to this Contract especially, "Bid", "Bidder", "Contract", "Contractor", I
Price", "Contract Unit Price", "Engineer", "Subcontractor" and "Work" and the definitions ii
1-2 of the Special Provisions especially "Own Organization" and "Owner Operator/Lessor.'
are further urged to review sections 2-3 SUBCONTRACTS of the SSPWC and section
these Special Provisions.
CAUTIONS Bidders are cautioned that failure to provide complete and correct informa
result in rejection of the bid as non-responsive. Any bid that proposes performance of more
percent of the work by other than the Contractor's own organization will be rejected
responsive.
INSTRUCTIONS Bidders shall use separate disclosure forms for each Subcontractor c
Operator/Lessor (O+O) of manpower and equipment that is proposed to be used to com
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All items of information must be completely filled out.
Where the bid item will be installed by more than one Subcontractor or Owner Operator/Lc
percentage of the bid item installed by the Subcontractor or Owner Operator/Lessor being
the line of the form must be entered under the column "O/O of Item by Sub" or "O/O of Item
as applicable. If a Subcontractor or Owner OperatodLessor installs or constructs any poi
bid item the entire amount of the Contract Unit Price shall be multiplied by the Quantity c
item that the Subcontractor or Owner Operator/Lessor installed.
Suppliers of materials from sources outside the limits of work are not subcontractors. The
materials and transport for materials from sources outside the limits of work, as shown on t
shall be assigned to the Contractor, the Subcontractor, or the Owner Operator/Lessor as
may be, installing them. The value of material incorporated in any Subcontracted c
Operator/Lessor installed bid item that is supplied by the Contractor shall not be include
part of the portion of the work that the Contractor is required to perform with its own organiz
The item number from the "CONTRACTORS PROPOSAL" (Bid Sheets) shall be entered ir
Item No." column.
When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the nun-
be entered on the form. If the Subcontractor does not have a valid business license enter "I
the appropriate space.
Bidders shall make any additional copies of the disclosure forms as may be necessary tc
the required information. The number of additional form pages shall be entered on the
page of each type so duplicated.
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Bidder may, at its option, combine bid items on a single row in the chart on the disclosure
using this option the Bidder must indicate the bid item numbers to which the information in
pertains. This option may goJ be used where the subcontractor or Owner Operator
constructing or installing less than 100 percent of a bid item. The percentages and dollar I
may be the sums of the bid items listed in that row.
When the Bidder proposes using a subcontractor or owner operator/Lessor to construct I
less than 100 percent of a bid item the Bidder must attach an explanation sheet to the de:
of subcontractor or designation of Owner OperatorLessor forms as applicable. The exF
sheet must clearly apprise the Agency of the specific tasks, materials and/or equipment
proposed to be so supplied.
Determination of the subcontract and Owner OperatorlLessor amounts for purposes of awa
contract shall determined by the City Council in conformance with the provisions of the
documents and these Special Provisions. The decision of the City Council shall be final.
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DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
The Bidder MUST complete each information field on this form for each subcontractc proposes to use. Additional copies of this form may be attached if required to accommo Contractor's decision to use more than one subcontractor. This form must be submitted as the Bidder's sealed bid. Failure to provide complete and correct information may result in rej the bid as non-responsive.
The Bidder certifies that it has used the sub-bid of the following listed subcontractors in p this bid for the Work and that the listed subcontractors will be used to perform the portior Work as designated in the list in accordance with applicable provisions of the specificati section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair F Act." The Bidder further certifies that no additional subcontractor will be allowed to perf portion of the Work and that no changes in the subcontractors listed work will be made excc the prior approval of the Agency. I Full Company Name of Subcontractor:
Complete Address: 1 Street
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City State Zip
Telephone Number plus Area Code:
California State Contractors License No. & Classification:
Carlsbad Business License No.:
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I Amount of Item Overhead & Profit
Explanation: Column 1 - Bid Item No. from the bid proposal, page 8. Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the overhead and profit for the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid pri item on bid proposal page 8.
Page of pages of this form
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DESIGNATION OF OWNER OPERATOWLESSOR AND
AMOUNT OF OWNER OPERATOWLESSOR WORK
The Bidder MUST complete each information field on this form for each owner operator/c (O+O) that it proposes to use to perform any portion of the Work. Additional copies of this fi
be attached if required to accommodate the Contractor’s decision to use more tl
subcontractor. This form must be submitted as a part of the Bidder’s sealed bid. Failure tc
complete and correct information may result in rejection of the bid as non-responsive. Excel
individuals listed below the Bidder certifies that no Owner Operator/Lessor will be allowed tc
any portion of the Work. The Bidder further certifies that no changes in the Owner Operatc
listed work will be made except upon the prior approval of the Engineer. Provide a separz
for each Owner OperatorlLessor. See section 1-2 of the Special Provisions for definition c
Operator/Lessor.
Full Owner Operator/Lessor Name:
Complete Address:
Street
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City State Zip
Telephone Number plus Area Code: ( ) -
City of Carlsbad Business License No.:
EXP I an at i on:
Column 1 - Bid Item No. from the bid proposal, page 8.
Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor’s own forces.
Column 4 - The dollar amount of the overhead and profit for the item.
Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid pr
item on bid proposal page 8. 1
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Jc?3 --2L
CHARLES R. DEVEREUX ud
. b ‘;
*’
a
CERTIFIED PUBLIC ACCOUNTANT
BONITA, CA 91902
145 WILLOW STREET SUITE 210 omA
PORTILLO CONCRETE
362 SIERRA WAY
CHULA VISTA, CA 91911-1206
ACCOUNTANT’S COMPILATION NOTES
THE ACCOMPANYING STATEMENT OF ASSETS, LIABILITIES
AND EQUITY OF PORTILLO CONCRETE AS OF DECEMBER 31, 1997
AND THE RELATED STATEMENT OF INCOME(L0SS) HAVE
BEEN COMPILED BY ME.
A COMPILATION IS LIMITED TO PRESENTING IN THE FORM OF FINANCIAL STATEMENTS
INFORMATION THAT IS THE REPRESENTATION OF THE MANAGEMENT. I HAVE NOT
AUDITED OR PERFORMED A REVIEW SERVICE ON THE ACCOMPANYING FINANCIAL
STATEMENTS AND, ACCORDINGLY, DO NOT EXPRESS AN OPINION OR ANY OTHER FORM
OF ASSURANCE ON THEM.
0
MANAGEMENT HAS ELECTED TO OMIT SUBSTANTIALLY ALL OF THE DISCLOSURES
AND THE STATEMENT OF CASH FLOWS REQUIRED BY GENERALLY ACCEPTED
ACCOUNTING PRINCIPLES. IF THE OMITTED ZISCLOSURES AND STATEMENT OF
CASH FLOWS WERE INCLUDED IN THE FINANCIAL STATEMENTS, THEY MIGHT INFLUENCE
THE USER’S CONCLUSIONS ABOUT THE COMPANY’S FINANCIAL POSITION, RESULTS OF
OPERATIONS, AND CHANGES IN CASH FLOWS. ACCORDINGLY, THESE FINANCIAL
STATEMENTS ARE NOT DESIGNED FOR THOSE WHO ARE NOT INFORMED ABOUT SUCH
MATTERS.
CHARLES R. DEVEREUX
CERTIFIED PUBLIC ACCOUNTANT
’ ..\
02/20/98 0
4mflm 3bd
-s
PORTILLO CONCRETE
STATEMENT OF ASSETS AND LIABILITIES
(UNAUDITED)
AS OF DECEMBER 31, 1997
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ASSETS
CURRENT ASSETS:
CASH IN BANK-REGULAR $ 331.10
ACCTS RECVBLE - TRADE 276,588.36
WORK IN PROCESS 28,922 .OO ------------
TOTAL CURRENT ASSETS $ 305,841.46
FIXED ASSETS:
VEHICLES 16 , 423.00
FURNITURE & FIXTURES 528.30
MACHINERY & EQUIPMENT 47,630 .O1
ACCUMULATED DEPRECIATION (7,920.00) ------------
TOTAL FIXED ASSETS 56 , 661.31
------------ 0
TOTAL ASSETS $ 362,502.77
II=IIIIIIPLP
.. ..
e
SEE ATTACHED ACCOUNTANTS COMPILATION LETTER
JAm@&
PORTILLO CONCRETE
STATEMENT OF ASSETS AND LIABILITIES
(UNAUDITED)
AS OF DECEMBER 31, 1997
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LIABILITIES AND NET WORTH
CURRENT LIABILITIES:
NOTES PAYABLE $ 14,339.04
ACCOUNTS PAYABLE 44 , 157.83
NOTES PAYABLE 42,213.16 ------------
TOTAL CURRENT LIABILITIES 100 , 710.03
TOTAL LIABILITIES 100,710.03
EQUITY:
------------
CAPITAL BEG. OF YEAR 79,164.18
WITHDRAWALS (332.00)
182,960.56 ------------ o CURRENT EARNINGS (LOSS)
TOTAL EQUITY 261,792.74 ------------
TOTAL LIABILITIES & EQUITY $ 362,502.77
IIIIIIIPIIPP
. ’ ._
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SEE ATTACHED ACCOUNTANTS COMPILATION LETTER MWfd
Q
WRTILLO CONCRETE
STATEMENT OF CASH RECEIPTS
(UNAUDITED)
JANUARY 1, 1997 TO DECEMBER 31, 1997
@
CURRENT YEAR TO DATE
AMOUNT PERCENT ' AMOUNT PERCENT
INCOME :
CONSTRUCTION RECEIPTS $ 561,451.19 100.0 $1,656,750.34 100.0
TOTAL INCOME 561,451.19 100.0 1,656,750.34 100.0
------------ ----- ------------ -----
COST OF SALES;
PURCHASES CONCRETE 118,352.21 21.1 370,015.11 22.3
PURCHASES-MATERIALS 6,561.69 1.2 16,017.42 1.0
DIRECT LABOR 177,676.87 31.7 583,193.83 35.2
SUBCONTRACTS 127,611.10 22.7 319,819.36 19.3
BLUEPRINTS & PLANS 0.00 0.0 7,854.06 0.5
FEES & PERMITS 0.00 0.0 606.75 0.0
EQUIPMENT RENTAL 0.00 0.0 8,202.40 0.5
WORK IN PROCESS (10,702.00) (1.9) (22,518.00) (1.4) ------------ ----- ------------ -----
TOTAL COST OF SALES 419,499.87 74.0 1,283,190.93 77.4
141,951.32 25.2 373,559.41 22.6
------------ ----- ------------ ----e e GRoSS PRoF1T
EXPENSES L
ACCOUNTING 0.00 0.0 215.00 0.0
ADVERTISING 1 , 078.80 0.2 1 , 889.01 0.1
AUTOMOBILE EXPENSE 8,059.66 1.4 27 , 122.28 1.6
BANK CHARGES 1,000.77 0.2 1,097.72 0.1
DEPRECIATION EXPENSE 3,000.00 0.5 4,416.00 0.3
DUES AND SUBSCRIPTIONS 930.00 0.2 1,200.00 0.1
INSURANCE 10 , 332.68 1.8 46,007.67 2.8
INSURANCE-HEALTH 755.31 0.1 3 , 426.73 0.2
INTEREST 0.00 0.0 1 , 462.10 0.1
LEGAL 300.00 0.1 300.00 0.0
LICENSES 587 .OO 0.1 587.00 0.0
OFFICE EXPENSE 70.00 0.0 572.96 0.0
RENT 0.00 0.0 10QJ.00 0.0
AUTO LEASE 7,222.52 1.3 10 , 675.53 0.6
REPAIR & MAINTENANCE 3,616.68 0.6 10,187.42 0.6
SHOP SUPPLIES 12,514.51 2.2 14,390.11 0.9
TAXES ON PAYROLL 14,340.98 2.6 57,505.75 3.5
TELEPHONE 2,942.25 0.5 9,436.21 0.6
UTI LIT1 ES 7.36 0.0 7.36 0.0
'TOTAL EXPENSES 66,758.52 11.8 198,598.85 11.5
------------ ----- ------------ -----
------------ ----- ------------ -----
(()(ET PROFIT OR (LOSS) $ 75,192.80 13.4 $ 182,960.56 11.1
=1m=m111111~ 11111 11~111111111 mmmmm
SEE ATTACHED ACCOUNTANTS COMPILATION LETTER Mm&
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BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILIT
(To Accompany Proposal)
Copies of the latest Annual Report, audited financial statements or Balance Sheets
submitted under separate cover marked CONFIDENTIAL.
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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 r
Contract he/she has successfully performed and give references, with telephone number will enable the City to judge hidher responsibility, experience and skill. An attachment can t
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' A.m. CERTIFICATE OF LIABILITY INSURANCE
PRODUCER RANCHO PACIFIC INSURANCE SERVICES, I". THIS CERTIFICATE IS ISSUED AS A MATTER OF ONLY AND CONFERS NO RIGHTS UPON THE LIC # OC01305
MARIO PORTILLO
374 EAST "H" STREET,STE A-500
CHULA VISTA, CA 91910-7496
lNSURER B PROaESSIVE CASUALTY INSURANCE COMP
lNSURERC NATIONAL AMERICAN INS. CO. OF CALIF
lNSURER D AMERICAN RELIABLE INSURANCE COMPANY
lNSURER E PH: 619-656-1876/FAX: 619-656-1825 -_ -I-_--. . _--
-5
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GL0677623
COMMERCIAL GENERAL LlAB POLICY NUMBER. poRmLo coNcm
x* . THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
0
CONTRACTORS (FORM B)
This endorsement modifies insurance provlded under the following
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
CITY OF CARLSBAD
ATTN: PURCHASINGDEPT.
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD CA 92008-1 989
(If no entry appears above, tnformation required to complete this endorsement will be shown in the Declarat
as applicable to this endorsement )
WHO IS AN INSURED (Sectlon II) is amended to include as an insured the person or organizatton shown ir
Schedule, but only with respect to liability arising out of 'your work ' for that Insured by or for you
E 1s AGREED THAT Sua INSURANCE AS IS AFFORDED BY THIS POLICY FOR BENEFI OF THE ADDITIONAL INSURED SHOWN SHALL BE PRIMARY INsma, AND ANY OTH~ ~SURAN(SE mAINED BY THE ADDITIONAL INSURED SHALL BE Exass
AND NON-CONTRTBUTORY, BUT ONLY AS RESPECTS ANY CLAM, Loss, OR UABlLIT
ARISING OUT OF THE OPERATIONS OF THE NAMED INSURFD OR ITS
TO BE S0L;ELY THE NEGLIGE!.NB OR REsPoNsBILEy OF THE NAMED INSURED.
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,~JBcoNTRACTORS, AND ONLY IF SUCH CLAM, LOSS OR LIABILITY 1s DE?3XMIMD
CG 20 10 11 85 Copyright. Insurance Services Office. Inc , 1984 e
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BIDDER'S CERTIFICATE OF INSURANCE FOR
LIABILITY AND WORKERS' COMPENSATION
' a GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOl
I (To Accompany Proposal)
As a required part of the Bidder's proposal the Bidder must attach either of the following to tl
page.
1. Certificates of insurance showing conformance with the requirements herein for:
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Comprehensive General Liability
Employer's Liability
Automobile Liability
Workers Compensation
2. Statement with an insurance carrier's notarized signature stating that the carrier can, and
payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insura
Comprehensive General Liability, Employer's Liability, Automobile Liability and Workers
Compensation in conformance with the requirements herein and Certificates of insurance
Agency showing conformance with the requirements herein.
All certificates of insurance and statements of willingness to issue insurance for auto policie
to meet the specification of this contract must: (1) meet the conditions stated in The Noticc
Bids, the Standard Specifications for Public Works Construction and the Special Provision
project for each insurance company that the Contractor proposes, and (2) cover any vehiclt
the performance of the contract, used onsite or offsite, whether owned, non-owned or hi
whether scheduled or non-scheduled. The auto insurance certificate must state the cover2
"any auto" and cannot be limited in any manner.
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BIDDER'S STATEMENT RE DEBARMENT I, (To Accompany Proposal)
1. Have you or any of your subcontractors ever been debarred as an irresponsible b
another jurisdiction in the State of California? \&
Yes no
2. If yes, what wadwere the name@) of the agency(ies) and what wadwere the peri
debarment(s)? Attach additional copies of this page to accommodate more than two debarn
party debarred party debarred
I agency agency
1 period of debarment period of debarment
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BY CONTRACTOR:
(print name/title)
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BIDDERS DISCLOSURE OF DISCIPLINE RECORD I, (To Accompany Proposal)
Contractors are required by law to be licensed and regulated by the Contractors’ State
Board which has jurisdiction to investigate complaints against contractors if a complaint reg
patent act or omission is filed within four years of the date of the alleged violation. A c
regarding a latent act or omission pertaining to structural defects must be filed within 10 yea
date of the alleged violation. Any questions concerning a contractor may be referrec
Registrar, Contractors’ State License board, P.O. Box 26000, Sacramento, California 95826
1. Have you ever had your contractor’s license suspended or revoked by the C
Contractors’ State license Board two or more times within an eight year period?
J
Yes no
2. Has the suspension or tion of your contractors license ever been stayed?
Yes no
3. Have any subcontractors that you propose to perform any portion of the Work ever t
contractor’s license suspended or revoked by the California Contractors’ State license Boar
more times within an eight year period? *
Yes no
4. Has the suspension or revocation of the license of any subcontractor’s that you prc
perform any portion of the W~rk ever been stayed? A Yes no
If the answer to either of 1. or 3. above is yes fully identify, in each and every case, t
disciplined, the date of and violation that the disciplinary action pertain to, describe the natu
violation and the disciplinary action taken therefor.
0 (Attach additional sheets if necessary)
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BIDDER'S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED)
(To Accompany Proposal)
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6. If the answer to either of 2. or 4. above is yes fully identify, in each and every case, t
who's discipline was stayed, the date of the violation that the disciplinary action pertains to, I
the nature of the violation and the condition (if any) upon which the disciplinary action was : 1
(Attach additional sheets if necessary)
u BY CONTRACTOR:
(sign here)
(print nameltitle)
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NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
@e
State of California 1
County of )
) ss.
, being first duly sworn, de
a ii' I jFG/ and says that he or she is 14 .rv r~ a
(Title) -- I
of
the party making the foregoing bid that the bid is not made in the interest of, or on behal
undisclosed person, partnership, company, association, organization, or corporation; that tl
genuine and not collusive or sham; that the bidder has not directly or indirectly induced or
any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, cc
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shs
from bidding; that the bidder has not in any manner, directly or indirectly, sought by agi
communication, or conference with anyone to fix the bid price of the bidder or any other bidc
fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or tc
any advantage against the public body awarding the contract of anyone interested in the F
contract; that all statements contained in the bid are true; and, further, that the bidder
directly or indirectly, submitted his or her bid price or any breakdown thereof, or the
thereof, or divulged information or data relative thereto, or paid, and will not pay, any fe
corporation, partnership, company association, organization, bid depository, or to any me
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 afTid
(Name of Firm)
1 '
executed on the day of 1 19-.
Signature of Bidder
Subscribed and sworn to before me on the 2w day of wcL\ I
'L kU9l- Sign ure of Notary
(NOTARY SEAL)
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CONTRACT '0 PUBLIC WORKS
This agreement is made this 26th day of June I 19 98, between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"),
and ?oRTiLLb hhl(%ET& whose principal place of busines!
374 g&r & s$c 576- p-500 @[$KL& yi5r*iCfiGq19io (he called "Contractor").
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contract do
1
1 for:
1998 SOUTHEAST QUADRANT
PEDESTRIAN CURB RAMP IMPROVEMENT PROJECT
CONTRACT NO. 3523-2 1
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(hereinafter called "project").
2. Provisions of Labor and Materials. Contractor shall provide all labor, material
equipment, and personnel to perform the work specified by the Contract Documents.
3. Contract Documents. The Contract Documents consist of this Contract, Notice
Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation o
Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and EXF
Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the PI:
Specifications, the Special Provisions, addendum@) to said Plans and Specifications and
Provisions, and all proper amendments and changes made thereto in accordance with this
or the Plans and Specifications, and all bonds for the project; all of which are incorporated t
this reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and install the
indicated, specified, and implied by the Contract Documents. Any items of work not indi
specified, but which are essential to the completion of the work, shall be provided at the Cor
expense to fulfill the intent of said documents. In all instances through the life of the Cont
City will be the interpreter of the intent of the Contract Documents, and the City's decision rc
said intent will be final and binding. Failure of the Contractor to apprise subcontraci
materials suppliers of this condition of the Contract will not relieve responsibility of complianc
4. Payment. For all compensation for Contractor's performance of work under this Conti
shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifici
Public Works Construction (SSPWC) 1997 Edition, hereinafter designated "SSPWC", as is
the Southern California Chapter of the American Public Works Association, and as amende
Special Provisions section of this contract. The Engineer will close the estimate of work cc
for progress payments on the last working day of each month.
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5. Independent Investigation. Contractor has made an independent investigatior
jobsite, the soil conditions at the jobsite, and all other conditions that might affect the pro
the work, and is aware of those conditions. The Contract price includes payment for all \II
may be done by Contractor, whether anticipated or not, in order to overcome unde
conditions. Any information that may have been furnished to Contractor by City about unde
conditions or other job conditions is for Contractor's convenience only, and City does not
that the conditions are as thus indicated. Contractor is satisfied with all job conditions, i
underground conditions and has not relied on information furnished by City.
6. Hazardous Waste or Other Unusual Conditions. If the contract involves
trenches or other excavations that extend deeper than four feet below the surface Contrac
promptly, and before the following conditions are disturbed, notify City, in writing, of any:
A. Hazardous Waste. Material that Contractor believes may be material that is hazardou as defined in section 25117 of the Health and Safety Code, that is required to be remoj
Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law.
B. Differing Conditions. Subsurface or latent physical conditions at the site differing fro
indicated.
C. Unknown Physical Conditions. Unknown physical conditions at the site of any
nature, different materially from those ordinarily encountered and generally recognized as
in work of the character provided for in the contract.
City shall promptly investigate the conditions, and if it finds that the conditions do materially :
or do involve hazardous waste, and cause a decrease or increase in contractor's costs o
time required for, performance of any part of the work shall issue a change order ur
procedures described in this contract.
In the event that a dispute arises between City and Contractor whether the conditions rr
differ, or involve hazardous waste, or cause a decrease or increase in the contractor's co
time required for, performance of any part of the work, contractor shall not be excused fi
scheduled completion date provided for by the contract, but shall proceed with all WOI
performed under the contract. Contractor shall retain any and all rights provided either by
or by law which pertain to the resolution of disputes and protests between the contracting pa
7. Immigration Reform and Control Act. Contractor certifies it is aware of the requi of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has c
and will comply with these requirements, including, but not limited to, verifying the eligi
employment of all agents, employees, subcontractors, and consultants that are include(
Contract.
8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Depar
Industrial Relations has determined the general prevailing rate of per diem wages in acc with California Labor Code, section 1773 and a copy of a schedule of said general prevailii
rates is on file in the office of the City Engineer, and is incorporated by reference herein. F
to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor s
copies of all applicable prevailing wages on the job site.
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9. Indemnification. Contractor shall assume the defense of, pay all expenses of defei
indemnify and hold harmless the City, and its officers and employees, from all claims, loss, I
injury and liability of every kind, nature and description, directly or indirectly arising frc
connection with the performance of the Contract or work; or from any failure or alleged 1
Contractor to comply with any applicable law, rules or regulations including those relating a
and health; and from any and all claims, loss, damages, injury and liability, howsoever tl
may be caused, resulting directly or indirectly from the nature of the work covered by the (
except for loss or damage caused by the sole or active negligence or willful misconduct oft
The expenses of defense include all costs and expenses including attorneys' fees for I
arbitration, or other dispute resolution method.
Contractor shall also defend and indemnify the City against any challenges to the awar
contract to Contractor, and Contractor will pay all costs, including defense costs for 1
Defense costs include the cost of separate counsel for City, if City requests separate counst
IO. Insurance. Contractor shall procure and maintain for the duration of the contract ir
against claims for injuries to persons or damage to property which may arise from or in co
with the performance of the work hereunder by the Contractor, his or her agents, represe
employees or subcontractors. Said insurance shall meet the City's policy for insurance as
Resolution No. 91-403.
(A) Coverages And Limits Contractor shall maintain the types of coverages and minim[
indicted herein:
a. Comprehensive General Liability Insurance: $1,000,000 combined single I
occurrence for bodily injury and property damage. If the policy has an aggregate limit, a
aggregate in the amounts specified shall be established for the risks for which the City or it:
officers or employees are additional insured.
b. Automobile Liability insurance: $1,000,000 combined single limit per accident fc
injury and property damage. In addition, the auto policy must cover any vehicle use
performance of the contract, used onsite or offsite, whether owned, non-owned or hi1
whether scheduled or non-scheduled. The auto insurance certificate must state the coverE
"any auto" and cannot be limited in any manner.
c. Workers' Compensation and Employers' Liability Insurance: Workers' compensati
as required by the Labor Code of the State of California and Employers' Liability limits of $1
per incident. Workers' compensation offered by the State Compensation Insurance
acceptable to the City.
(B) Additional Provisions. Contractor shall ensure that the policies of insurance requirt
this agreement contain, or are endorsed to contain, the following provisions. General
Employers' Liability and Automobile Liability Coverages:
a. The City, its officials, employees and volunteers are to be covered as additional in!
respects: liability arising out of activities performed by or on behalf of the Contractor; prod
completed operations of the contractor; premises owned, leased, hired or borrowed
contractor. The coverage shall contain no special limitations on the scope of protection afl
the City, its officials, employees or volunteers. All additional insured endorsements
evidenced using separate documents attached to the certificate of insurance; one for each (
affording general liability, employers' liability and auto liability coverage.
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b.- The Contractor's insurance coverage shall be primary insurance as respects the
officials, employees and volunteers. Any insurance or self-insurance maintained by the
officials, employees or volunteers shall be in excess of the contractor's insurance and s
contribute with it.
c. Any failure to comply with reporting provisions of the policies shall not affect coverage F
to the City, its officials, employees or volunteers.
d. Coverage shall state that the contractor's insurance shall apply separately to each
against whom claim is made or suit is brought, except with respect to the limits of the i
liability.
(C) "Claims Made" Policies. If the insurance is provided on a "claims made" basis, cl
shall be maintained for a period of three years following the date of completion of the work.
(D) Notice Of Cancellation. Each insurance policy required by this agreement shall be e
to state that coverage shall not be nonrenewed, suspended, voided, canceled, or red
coverage or limits except after thirty (30) days' prior written notice has been given to the
certified mail, return receipt requested.
(E) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or sell
retention levels must be declared to and approved by the City. At the option of the City, eit insurer shall reduce or eliminate such deductibles or self-insured retention levels as resp
City, its officials and employees; or the contractor shall procure a bond guaranteeing pa) losses and related investigation, claim administration and defense expenses.
(F) Waiver Of Subrogation. All policies of insurance required under this agreement shal a waiver of all rights of subrogation the insurer may have or may acquire against the City c
its officials or employees.
(G) Subcontractors. Contractor shall include all subcontractors as insured under its PC
shall furnish separate certificates and endorsements for each subcontractor. Cover:
subcontractors shall be subject to all of the requirements stated herein.
(H) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating
Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the bus
insurance by the State of California Insurance Commissioner as admitted carriers as eviden
listing in the official publication of the Department of Insurance of the State of Californi
under the standards specified by the City Council in Resolution No. 91-403.
(I) Verification Of Coverage. Contractor shall furnish the City with certificates of insuri
original endorsements affecting coverage required by this clause. The certifica
endorsements for each insurance policy are to be signed by a person authorized by that i
bind coverage on its behalf. The certificates and endorsements are to be in forms approve
City and are to be received and approved by the City before the Contract is executed by the
(J) Cost Of Insurance. The Cost of all insurance required under this agreement shall be in the Contractor's bid.
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11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be res
accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Ar
(commencing with section 20104) which are incorporated by reference. A copy of Articlc
included in the Special Provisions I section. The contractor shall initially submit all clair
$375,000 to the City using the informal dispute resolution process described in Public (
Code subsections 201 04.2(a), (c), (d). Notwithstanding the provisions of this section of the c
all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the C
Government Code) for any claim or cause of action for money or damages prior to filing an)
for breach of this agreement.
(A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to
must be asserted as part of the contract process as set forth in this agreement anc
anticipation of litigation or in conjunction with litigation.
(B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it
considered fraud and the Contractor may be subject to criminal prosecution.
(C) Government Code. Contractor acknowledges that California Government Code
12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly SI
false claim to a public entity. These provisions include false claims made with deliberate ig
of the false information or in reckless disregard of the truth or falsity of the information.
(D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to tt
Claims Act, it is entitled to recover its litigation costs, including attorney's fees.
(E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a fa1 may subject the Contractor to an administrative debarment proceeding wherein the Contrac
be prevented from further bidding on public contracts for a period of up to five years.
(F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by refere
(G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debar
another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcc
from participating in future contract bidding.
I have read and understand all provisions of Section 11 above.
12. Maintenance of Records. Contractor shall maintain and make available at no co
City, upon request, records in accordance with sections 1776 and 181 2 of Part 7, Chapter
2, of the Labor Code. If the Contractor does not maintain the records at Contractor's princii
of business as specified above, Contractor shall so inform the City by certified letter accon
the return of this Contract. Contractor shall notify the City by certified mail of any change of
of such records.
13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing wit1
1720 of the Labor Code are incorporated herein by reference.
14. Security. Securities in the form of cash, cashier's check, or certified check may be SL
for any monies withheld by the City to secure performance of this contract for any c
established by this contract. Any other security that is mutually agreed to by the Contract0
City may be substituted for monies withheld to ensure performance under this Contract.
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i 15. Provisions Required by Law Deemed Inserted. Each and every provision of
clause required by law to be inserted in this Contract shall be deemed to be inserted her
included herein, and if, through mistake or otherwise, any such provision is not inserted, (
correctly inserted, then upon application of either party, the Contract shall forthwith be pl
amended to make such insertion or correction.
16. Additional Provisions. Any additional provisions of this agreement are set fort1
"General Provisions" or "Special Provisions" attached hereto and made a part hereof.
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NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MU! I ATTACHED I.
(CORPORATE SEAL) I
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1 CONTRACTOR:
I ATTEST:
By:
(sign here)
(print name and title)
President or vice-president and secretary or assistant secretary must sign for corporations
one officer signs, the corporation must attach a resolution certified by the secretary or a
secretary under the corporate seal empowering that officer to bind the corporation. 1
I APPROVED AS TO FORM:
I City Attorney RONALD R. BALL
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CALIFORNIA
SAN DIEGO
MAY 26, 1998 CYNTHIA J. BARNETT before me,
DATE NAME, TITLE OF OFFICER - E GI "JANE DOE, NOTARY PUBLK
MARIO PORTILLO personally appeared
personally known to me - OR - @d proved to me on the basis of satisfactory evi
to be the person(s) whose name(s)
subscribed to the within instrument ai
knowledged to me that he/she/they ex€
the same in his/her/their authc
capacity(ies), and that by hidher
signature(s) on the instrument the pers
or the entity upon behalf of whicl
person(s) acted, executed the instru
WITNESS my hand and official seal.
NAME(S) OF SIGNER(S)
Though the data below is not required by law, it may prove valuable to persons relying on the document and coulc
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUI
CONTRACT [7 CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT m(s)
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME OF PERSON(S) OR E"f(IES)
SIGNER(S) OTHER THAN NAMED AB0 PBRTILLO CONCRETE
01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave., P.O. Box 7184 Canoga Par1
I BOND p~p/IIuM BASE
BOND NO. 73083 FImL CONTMCT Ph LABOR AND MATERIALS BOND PREMIUM $1,267.00
W
WHEREAS, the city Council of the Ci
Hgnated as the "Principal"), a Contract for:
of - Carlsbad, State of Californk by 1
CI No. 98-121 , adopted AP x IL 21, 1998 , has ai
LO CONCRETE
I .r 1998 SOUTHEAST QUADRANT
PEDESTRIAN CURB RAMP IMPROVEMENT PROJECT CONTRACT NO. 3523-2 bo
in the City of Carlsbad, in strict conformity with the drawings and specifications, and otht
Documents now on file in the Offlce of the City Clerk of the City of Carlsbad and all of
incorporated herein by thk reference.
WHEREAS, Princlpal has executed or is about to executa sald Contract and the terr require the furnishing of a bond, providing that if Principal or any of their subcontractors I
pay for any materials, provisions, provender or other supplies or teams used in, upon or
performance of the work agreed to be done, or for any work or labor done thereon of an Surety on this bond will pay the same to the extent hereinafter set forth.
I as NOW, THEREFORE, WE,
(hereinafter designated as the "Contractor"), and - co-
as Surety, are held firmly bound unto the City of Carlsbad in the sum of TWENTY FOU THOUSAND EIGHT HUNDRED SEVENTY FIVE AND N0/100---------------.
), said sum being fifty percent (50%) of the estimated amount ] the City of Carlsbad under the terms of the Contract, for which payment well and truly tc
we bind ourselves, our heirs, executors and administrators, successors, or assigns, ,
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or his/her subcont
to pay for any materials, provisions, provender, supplies, or teams used In, upon, for, or
performance of the work contracted to be done, or for any other work or labor thereon o or for amounts due under the Unemployment Insurance Code with respect to such work (
for any amounts required to be deducted, withheld, and paid over to the Employment De
Department from the wages of employees of the contractor and subcontractors pursuant 13020 of the Unemployment Insurance Code with respect to such work and tabor that the
pay for the same, not to exceed the sum specified in the bond, and, also, in case suit
upon the bond, costs and reasonable expenses and fees, including reasonable attome) be fixed by the court, as required by the provisions of section 3248 of the California Civil C
This bond shall inure to the benefit of any and all persons, companies and corporations
file Claims under Title 15 of Part 4 of Division 3 of the Civil Code (commencing with sectior
Surety stipulates and agrees that no change, extension of time, alteration or addition to tt,
the Contract, or to the work to be performed thereunder or the specifications accompi same shall affect its obligations on this bond, and it does hereby waive notice of an extension of time, alterations or addition to the terms of the contract or to the wok
specifications.
Y
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PORTILLO CONCRETE
o e+ ($ 24,875.00
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%# 1/08/98 Contract No. 3523-2 Peg€ L
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In the event fiat Contractor is an Individual, it is agreed that the death Of any Such Coritn
not exonerate the surety from Its obligations under this bond.
Executed by CONTRACTOR this 26 Executed by SURETY thls 18' Ob
day of t 19,, 96. of MY k.
CONTRACTOR SURETY: L
AMERICBN CONTRACTORS INDEMNIT PORTILLO CONCRETE
(name of Surety)
(address of Surety)
a 1081 CBMI" DEL RIO SOUTH #lo
SAN DIEGO, CA 92108
II
-0 PORTIILO, OWNEX (619)297-2900
(print name here)
(title and organization of signatory)
(sign here)
(print name here)
(title and organization of signatory)
(telephone number of Suref
Y By:
6.' (signature of Attorney-in-Fa1
(printed name of Attorney-In-F
(attach corporate resolution showlns
By: CYNTBIB J. BARNETT
&
0 power of attorney) uw
Lr (Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attac
(President or vice-president and secretary or assistant secretary must sign for mrporatio
one officer signs, the corporation must attach a resolution certified by the sec:2tary o secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
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6$ 1/08/98 Contract NO. 3523-2 Pagc .L
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CALIFORNIA ALLPURPOSE ACKNOWLEDGMENT
CALIFORNIA
SAN DIEGO
On MAY 18, 1998 before me, SHWYL SMITH, NOTARY PUB
personally appeared CYNTEIA J. BARNETT
DATE NAME, TITLE OF OFFICER - E G., *JANE M)E. NOTARY PUBLIC
NAME(S) OF SIGNER(S)
B personally known to me - OR - proved to me on the basis of satisfactory evic
to be the person(s) whose name(s) i
subscribed to the within instrument an
knowledged to me that he/she/they exe
the same in his/her/their autho
capacity(ies), and that by hidher
signature(s) on the instrument the pers
or the entity upon behalf of whicl
person(s) acted, executed the instru
Though the data below is not required by law, it may prove valuable to persons relying on the document and coul
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCU
TITLE OR TYPE OF DOCUMENT
-6)
a AlTORNEY-IN-FACT NUMBER OF PAGES
0 GUARDIANEONSERVATOR
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME OF PERSON(S) OR E"YflES)
SIGNER(S) OTHER THAN NAMED AB
01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Am., P.O. Box 7184 Canoga P
*
v A.
American Contractors Indemnity Company 0 Los Angeles, California
POWER OF ATTORNEY
mow AU MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS INDEMNITY COMPANY, a Calif0
(the “company”), and having its principal office in Los Angeles, California does hereby constitute and appoint:
Cynthia J-. Barnett
as its true and lawful Attorney(s)-in-fact, in amount of $ unlimited , to execute, seal and deliver for and on its beh
and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof,
be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrumex
of these presents, shall be as binding upon the said AMERICAN CONTRACTORS INDEMNITY COMPANY, as fully
intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its Drinc
This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of re~olufi~ls aoc
of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting called and held on the 6th day of De
RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or As
shall have power and authority.
1. To appoint Attorney(s)-in-fact and to authorize them to execute on behalf of the Company, and attach the Sea
thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof anc
2. To remove, at any time, any such Attorney-in-fact and revoke the authority given.
RESOLVED FURTHER, that the signature of such officers and the seal of the Company may be &ed to any such pob
y certificate reIating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatura e all be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and fa
be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.
m WITNESS WHEREOF, AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to corporate seal to be affixed by its authorized officer this 26th day of
&*W AMERICAN co 0 5 smz6,im z By:
STATE OF CALIFORNIA *tuIFc9JRp.* COUNTY OF LOS ANGELES
On Ifarch 26, 1997 before me, , personally appeared Andl
personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me th
same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of whicl
executed the instrument.
Deborah Reese
hand and official seal.
Aea,
CERTLFICATION
fficer of -CAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I h
oregoing copy of the Power of Attorney and affidavit, and the copy of the resolution adopted by the Board of Director t forth in said Power of Attorney, with &e 0RXGIWL.S ON FILE IN THE HOME OFFICE OF SAID COMPANY dk. rrect transcripts thereof and of the whole of the said originals, and that the said Power of Attorney has not been revoka
force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand this 18TH day of MA..
%o&K -1. - I .- u A^^+ @^..
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
County of SAN DIEm
On 5-18-98 before me, -.TT, NOTARY P~.TC
DATE NAME, TITLE OF OFFICER - E.G.. 'JANE DOE. NOTARY PUBU
personally appeared MARIO PORTILLO
NAME(S) OF SIGNER(S)
kkpersonally known to me - OR - m proved to me on the basis of satisfactory ev
to be the person(s) whose name(s)
subscribed to the within instrument a
knowledged to me that he/she/they ex
the same in his/her/their authc
capacity(ies), and that by his/he
signature(s) on the instrument the per
or the entity upon behalf of whic
person(s) acted, executed the instri
WITNESS my hand and official seal.
Though the data below is not required by law, it may prove valuable to persons relying on the document and COI
fraudulent reattachment of this form.
DESCRIPTION OF AllACHED DOC1 CAPACITY CLAIMED BY SIGNER
PAYMENT BOND - CARLSl [7 CORPORATE OFFICER
TITLE OR TYPE OF DOCUMEN m(S)
0 ATTORNEY-IN-FACT NUMBER OF PAGES
0 GUARDIAIVCONSERVATOR
DATE OF DOCUMENT
SIGNER IS REPRESENTING: -
PORTILLO CONCRETE NAME Of pERsoN(s) OR ENTWlES)
SIGNER(S) OTHER THAN NAMED A
01993 NATIONAL NOTARY ASSOCIATION 8236 Rernmet Am., P.O. Box 71 84 Canoga
J BOND NO. 73083 PREMIUM $1,267.00 BONI) PREXIIIUN~ BASED ON
FAITHFUL PEWORMANCERV~RRANTY BOND
7 CO~UCT PRICE L.r
a w
WHEREAS, the city Council of the City of _Carlsbad, State Of Ca~ifOmh bY ' , has a
designated as the "PrinCipal"), a Contract for:
bu NO. 98-121 , adopted APRIL 21, 1998 PORTILLO CONCRETE - (h
L
1998 SOUTHEAST QUADRANT PEDESTRIAN CURB RAMP IMPROVEMENT PROJECT CONTRACT NO. 3523-2 Y
in the City of Carlsbad, in strict conformity with the contract, the drawings and specifia
other Contract Documents now on file in the Office of the City Clerk of the City of Cark
which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the kri require the furnishing of a bond for the faithful performance and warranty of said Contract;
NOW, THEREFORE, WE,. PORTll-LO CONCRETE I as (hereinafter designated as the "Contractor"), and AMERICAN ~("JWETORS IND-TY C'
as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of Fom
($ 49.750-00 ), said sum being equal to one hundred percent (100%) of the
amount of the Contract, to be pald to City or its certain attorney, Its successors and a which payment, well and truly to be made, we bind ourselves, our heirs, exec
addnistrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contn
heirs, executors, administrators, successors or assigns, shall in all things stand to and ab1 well and truly keep and perform the covenants, conditions, and agreements In the Contra
alteration thereof made as therein provided on their part, to be kept and performed at thc
in the manner therein specified, and in all respects according to their true intent and me shall indemnify and save harmless the City of Carlsbad, its officers, employees and i therein stipulated, then this obligation shall become null and void; otherwise It shall rer force and effect.
As a part of the obligation secured hereby and in addition to the face amount specfie
there shall be included costs and reasonable expenses and fees, including reasonable fees, incurred by the City in successfully enforcing such obligation, all to be taxed as included in any judgment rendered.
Sutety stipulates and agrees that no change, extension of time, alteration or addition to tb
the Contract, or to the work to be performed thereunder or the specificqtions accomp,
same shall affect its obligations on this bond, and it does hereby waive notice of an
extension of time, alterations or addition to the terms of the contract or to the work
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T H OU SA N D S EV EN H U N D R ED AN D N 0 / 1 0 O------- -------- - - --- -- --------
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In the event that Contractor is an individual, it IS agreed that the death of any Such ContF
not exonerate the surety from its obligations under this bond.
Executed by CONTRACTOR this &Zt$P -Executed by WREN this 18m
day of
CONTRACT0 R: SUREIPI:
PORTILLO CONCRETE AMERICAN CONTRACTORS INDEMNITY
a W
Y
-1 19, 19 9%. MAY
c.
-
c (name of Contractor) (name of Surety)
c By:
1081 CAMINO DEL RIO SOUTB #lo7
SAN DIEGO, CA 92108
(address of Surety)
MARIO PORTILLO, OWNER (619)297-2900
.I (print name here)
W By: (Title and Organization of Signatory)
b
CYNTEIA J. BARNETT By:
(printed name of Attorney-in-Fact)
(Attach corporate resolution showir
@b (sign here)
IL (print name here) power of attorney.)
b (Title and Organization of signatory)
(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be atfac
(President or vice-president and secretary or assistant secretary must sign for carporatia one officer signs, the corporation must attach a resolution certified by the secretary o
secretary under corporate seal empowering that officer to blnd the corporation.)
APPROVED AS TO FORM:
c
L
RONALD R. BALL
c City Attorney
By: u
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%# 1/08/98 Contract NO. 3523-2 pagc b
-
<
CALIFORNIA ALL=PURPOSE ACKNOWLEDGMENT
CALIFORNIA
SAN DIEGO
On MAY 18, 1998 before me, SHWYL SHLTH, NOTARY PUE
personally appeared CYNTHIA J. BARNETT
DATE NAME, TlTLE OF OFFICER - E G.. .JANE DOE, NOTARY PUBLIC
NAME(S) OF SIGNER(S)
B personally known to me - OR - proved to me on the basis of satisfactory evi
to be the person(s) whose name(s)
subscribed to the within instrument ar
knowledged to me that he/she/they ex€
the same in his/her/their authc
capacity(ies), and that by hidher
signature(s) on the instrument the pers
or the entity upon behalf of whic
person(s) acted, executed the instru
Though the data below is not required by law, it may prove valuable to persons relying on the document and coul
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCU
0 CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
MWS)
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTW(IES)
SIGNER(S) OTHER THAN NAMED AB
91 993 NATlONAL NOTARY ASSOCIATION 8236 Remmet Ave., P.O. Box 7184 Canoga Pi
- A @
American Contractors Indemnity Company a Los Angeles, California
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS INDEMNITY COMPANY, a Calif01 (the “company”), and having its principal office in Los Angeles, California does hereby constitute and appoint:
Cynthia J- Barnett
as its true and lawful Attorney(s)-in-fact, in amount of !§ unlimited , to execute, seal and deliver for and on its beh< and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, 7 be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrumen
of these presents, shall be as binding upon the said AMERICAN CONTRACTORS INDEMNITY COMPANY, as fully
intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its princi
This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of resolutions ado
of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY, at a meeting called and held on the 6th day of Dec
RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or As:
shall have power and authority.
1. To appoint Attorney(s)-in-fact and to authorize them to execute on behalf of the Company, and attach the Seal thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and
2. To remove, at any time, any such Attorney-in-fact and revoke the authority given.
RESOLVED FURTHER, that the signature of such officers and the seal of the Company may be afKxed to any such pou
y certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and fa1
IN WITNESS WHEREOF, AMERICAN CONTRACTORS INDEMNlTY COMPANY has caused this instrument to 1 corporate seal to be affixed by its authorized officer this 26th
iP valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.
day of
AMERICAN co 0 3 ffj INCORPORATED SEPT.26,1990 Z G By:
.quFrx@* STATE OF CALIFORNIA COUNTY OF LOS ANGELES
- , personally appeared Andv On March 26, 1997
personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me tha same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which
executed the instrument.
WllNESS my hand and official seal.
Deborah Reese before me,
A,hA L/cre?h-
CERTIFICATION
dersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I ha
foregoing copy of the Power of Akorney and affidavit, and the copy of the resolution adopted by the Board of Directors set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, t transcripts thereof and of the whole of the said originals, and that the said Power of Attorney has not been revoked + orce and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand this 18m day of MAY a hn S. Sugita, Asst. Seer
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CALIFORNIA
County of SB DIEGO
On 5-18-98 before me, (TYNTHIA .T--TT, NOTARY PTTRT.TC
DATE NAME, TITLE OF OFFICER - E GI "JANE DOE, NOTARY PUBLI
personally appeared MARIO PORTILLO
NAME(S) OF SIGNER(S)
hkpersonally known to me - OR - 0 proved to me on the basis of satisfactory ev
to be the person(s) whose name(s)
subscribed to the within instrument al
knowledged to me that he/she!they ex
the same in his/her/their authc
capacity(ies), and that by his/hei
signature(s) on the instrument the per:
or the entity upon behalf of whic
person(s) acted, executed the instrL
WITNESS my hand and official seal.
SIGNATURE OF~ARY
Though the data below is not required by law, it may prove valuable to persons relying on the document and cou
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCU
PERFORMANCE BOND- CAI 0 CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT m(S)
0 ATTORNEY-IN-FACT NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
PORTILLO CONCRETE
NAME OF PERSON@) OR ENTTPI(IES)
SIGNER(S) OTHER THAN NAMED AB
Q1993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave., P.O. Box 7184 Canoga Pi
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CITY OF CARLSBAD Purchasing Department 1200 Carlsbad Village Drive 0 Carlsbad CA 92008 I REPRESENTATION AND CERTIFICATION
The following representation and certification shall be completed, signed and returned tc Carlsbad as a part of the bid package.
REPRESENTATIONS: Mark all applicable blanks. Are yo currently certified by CALTRANS?
This offeror represents as part of this offer that the
accordance with the specific definitions listed below
is:
YES %
Certification #:
CERTIFICATION OF BUSINESS REP RES E NTATION (SI:
Mark all applicable blanks. This offeror repres part of this offer that:
This firm is&, is not a minority busines! This firm is-, is not= a woman-owned b
WOMAN-OWNED BUSINESS: A woman-ow ness is a business of which at least 51 I: owned, controlled and operated by a woman a Controlled is defined as exercising the powei policy decisions. Operation is defined as involved in the day-to-day management.
FIRM'S PRIMARY PRODUCTS OR SERVICE:
NO ownership, operation and control of the business, in CT- iJ1-j
DE FIN IT10 NS :
MINORITY BUSINESS ENTERPRISE: "Minority Business" is defined as a business, at least 51
percent of which is owned, operated and controlled by minority group members, or in the case of publicly owned businesses, at least 51 percent of which is owned, operated and controlled by minority group members. The Small Business Administration CoNSTRUCTloN CoNTRACToR: defines the socially and economically disadvantaged (minorities) as Black American, Hispanic American, Native Americans (i.e. American Indian, Eskimos, Aleuts and Native Hawaiians), and Asian-Pacific Americans (i.e., U.S. Citizens whose origins are from Japan, China, the Philippines, Vietnam, Korea, TAXPAYERS IoD. No. Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan).
CERTIFICATION: The information furnished is certified to be factual and correct as of the date submitted.
@ *
CLASSIFICATIoN(S):
LlCENSE NUMBER:
1
1 TELEPHONE NUMBER DATE
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OPTIONAL ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the City of Carlsbac address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "Ci
whose add
hereinaftc 1 "Contractor" and whose adc
herc 1 called "Escrow Agent."
Id [ I+
1.
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as fi
1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of C
the contractor has the option to deposit securities with the Escrow Agent as a subsi retention earnings required to be withheld by the City pursuant to the Construction Contract into between the City and Contractor for the 1997 Pavement Overlay and Concrete Repairs Contract No. 3257-0, in the amount of (hereinafter referred to as the "Contract"). Alternatively, on written request of the contra City shall make payments of the retention earnings directly to the escrow agent. W Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agc notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance negligent acts and omissions of the escrow agent in connection with the handling of re under these sections in an amount not less than $100,000 per contract. The market valu securities at the time of the substitution shall be a least equal to the cash amount then re( be withheld as retention under the terms of the contract between the City and Con Securities shall be held in the name of the 92 designate the Contractor as the beneficial owner.
2. The City shall make progress payments to the Contractor for such funds which otherwi: be withheld from progress payments pursuant to the Contract provisions, provided that the Agent holds securities in the form and amount specified above.
3. When the City makes payment of retentions earned directly to the escrow agent, tht agent shall hold them for the benefit of the contractor until such time as the escrow creatl
this contract is terminated. The contractor may direct the investment of the paymc securities. All terms and conditions of this agreement and the rights and responsibilitic parties shall be equally applicable and binding when the City pays the escrow agent directly
4. The contractor shall be responsible for paying all fees for the expenses incurred by tht Agent in administering the Escrow Account and all expenses of the City. These exper payment terms shall be determined by the City, Contractor and Escrow Agent.
5. The interest earned on the securities or the money market accounts held in escrov interest earned on that interest shall be for the sole account of Contractor and shall be s withdrawal by Contractor at any time and from time to time without notice to the City.
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6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow i only by written notice to Escrow Agent accompanied by written authorization from City to the
Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contraci
7. The City shall have a right to draw upon the securities in the event of default by the Con Upon seven days' written notice to the Escrow Agent from the City of the default, the Escro\ shall immediately convert the securities to cash and shall distribute the cash as instructec
City.
8. Upon receipt of written notification from the City certifying that the Contract is final and c and that the Contractor has complied with all requirements and procedures applicable Contract, the Escrow Agent shall release to Contractor all securities and interest on depc
escrow fees and charges of the Escrow Account. The escrow shall be closed immediate disbursement of all moneys and securities on deposit and payments of fees and charges.
9. The Escrow Agent shall rely on the written notifications from the City and the cc pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor st Escrow Agent harmless from Escrow Agent's release, conversion and disbursement securities and interest as set forth above.
IO. The names of the persons who are authorized to give written notices or to receive notice on behalf of the City and on behalf of Contractor in connection with the foregoi
exemplars of their respective signatures are as follows:
For City: Title
0
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Name
Signature
Address
For Contractor: Title
Name I Signature
Address
For Escrow Agent: Title
Name
Signature 1 Address
I At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escro
a fully executed counterpart of this Agreement.
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IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officer
date first set forth above.
For City: Title
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Name
Signature
Address
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For Contractor: Title
Name I Signature
Address
For Escrow Agent: Title
Name
Signature
Address
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Page I a$ 1/08/98 Contract No. 3523-2
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SPECIAL PROVISIONS FOR
1998 SOUTHEAST QUADRANT
PEDESTRIAN CURB RAMP IMPROVEMENT PROJECT
CONTRACT NO. 3523-2
SUPPLEMENTAL PROVISIONS TO
I PART I, GENERAL PROVISIONS
I.
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUC1
I SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMB
1-1 TERMS
Add the following section:
1-1 .I Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "sct-
or words of similar import are used, it shall be understood that reference is made to tl
accompanying these provisions, unless stated otherwise.
Add the following section:
1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar in
used, it shall be understood that the direction, designation or selection of the Engineer is i
unless stated otherwise. The word "required" and words of similar import shall be undei
mean "as required to properly complete the work as required and as approved by the Ei
unless stated otherwise.
Add the following section:
1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", i
words of similar import are used, it shall be understood such words are followed by the ex
"in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "a
"acceptance", or words of similar import are used, it shall be understood that the i
acceptance, or similar import of the Engineer is intended.
Add the following section:
1-1.4 Perform. The word "perform" shall be understood to mean that the Contract(
expense, shall perform all operations, labor, tools and equipment, and further, inch
furnishing and installing of materials that are indicated, specified or required to mean
Contractor, at its expense, shall furnish and install the work, complete in place and read;
including furnishing of necessary labor, materials, tools, equipment, and transportation.
1-2 DEFINITIONS. Modify as follows: The following words, or groups of words,
exclusively defined by the definitions assigned to them herein.
Agency - the City of Carlsbad, California.
City Council -the City Council of the City of Carlsbad.
City Manager - the City Manager of the City of Carlsbad or hidher approved representativc
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Dispute Board - persons designated by the City Manager to hear and advise the City Manager claims submitted by the Contractor. The City Manager is the last appeal level for informal dispi
resolution.
Engineer - the City Engineer of the City of Carlsbad or hidher approved representative. The C
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 origii
Contract Price bid.
Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hirc
directed, supervised and paid by the Contractor to accomplish the completion of the Work. Furth
such employees have their employment taxes, State disability insurance payments, State a
Federal income taxes paid and administered, as applicable, by the Contractor. When used
Section 2-3.1 ”own organization” means construction equipment that the Contractor owns or leas
and uses to accomplish the Work. Equipment that is owner operated or leased equipment with
operator is not part of the Contractor‘s Own Organization and will not be included for the purpose
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 provid
who is employed by neither the Contractor nor a subcontractor and is neither an agent or employ
of the Agency or a public utility.
Principal Inspector - The Senior Inspector’s immediate supervisor and second level of appeal 1
informal dispute resolution.
Project Inspector - the Engineer’s designated representative for inspection, contract administratii
and first level for informal dispute resolution.
Senior Inspector - the Project Inspector’s immediate supervisor and first level of appeal 1
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 requirii
the Contractor to complete 50 percent of the contract price with its own organization, the Agen
may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent
the value of the work performed in excess of 50 percent of the contract price by other than tl
Contractor‘s own organization. The City Council shall be the sole body for determination of
violation of these provisions. In any proceedings under this section, the prime contractor shall I entitled to a public hearing before the City Council and shall be notified ten (IO) days in advance
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 paragral
having to do with a surety being listed in the latest revision of U.S. Department of Treasury Circul
570.
e= p,# 1/08/98 Contract No. 3523-2 Page 42 of 1
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Modify Paragraphs three and four to read: The Contractor shall provide a
performance/warranty bond and payment bond (labor and materials bond) for this contra(
faithful performance/warranty bond shall be in the amount of 100 percent of the contract pi
the payment bond shall be in the amount of 50 percent of the contract price. Both bon
extend in full force and effect and be retained by the Agency during this project until t
released according to the provisions of this section.
The faithful perforrnance/warranty bond will be reduced to 25 percent of the original amount
after recordation of the Notice of Completion and will remain in full force and effect for the c
warranty period and until all warranty repairs are completed to the satisfaction of the Enginec
The payment bond shall be released six months plus 30 days after recordation of the N
Completion if all claims have been paid.
Add the following: All bonds are to be placed with a surety insurance carrier admit
authorized to transact the business of insurance in California and whose assets excel
liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to cor
0
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1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by
2) A certified copy of the certificate of authority of the insurer issued by the in
If the bid is accepted, the Agency may require a financial statement of the assets and liat
the insurer at the end of the quarter calendar year prior to 30 days next preceding the dai
execution of the bond. The financial statement shall be made by an officer's certificate as dl
Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statern
be verified by the oath of the principal officer or manager residing within the United States.
other instrument entitling or authorizing the person who executed the bond to do so.
commissioner.
1 e
I 2-5 PLANS AND SPECIFICATIONS.
2-5.1 General. add the following: The specifications for the work include the 5
Specifications for Public Works Construction, (SSPWC), 1997 Edition and the 1998 sup
thereto, hereinafter designated "SSPWC", as issued by the Southern California Chapte
American Public Works Association, and as amended by the Special Provisions sectior
con tract.
The construction plans consist of Sheets 1 to 5 and are attached hereto. The standard I
used for this project are the latest edition of the San Diego Area Regional Standard C
hereinafter designated SDRS, as issued by the San Diego County Department of Public
together with the City of Carlsbad Supplemental Standard Drawings.
2-5.3.3 Submittals. add the following: When submitted for the Engineer's revie
Drawings shall bear the Contractor's certification that he has reviewed, checked, and appr
Shop Drawings and that they are in conformance with the requirements of the Contract Doc
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The Contractor shall subscribe to and shall place the following certification on all submittals:
"I hereby certify that the (equipment, material) shown and marked in this submittal is that propos
to be incorporated into this Project, is in compliance with the Contract Documents, can be install
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-bu
record set of blue-line prints, which shall be corrected in red daily and show every change from t
original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipme
underground piping, valves, and all other work not visible at surface grade. Prints for this purpo
may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall
used only as a record set and shall be delivered to the Engineer upon completion of the worl
Payment for performing the work required by section 2-5.4 shall be included in various bid items a
no additional payment will be made therefor.
Add the following:
2-6 Workto be Done. The work to be done consists of removal of A.C., curb, gutte
crosswalk and sidewalk, installation of concrete pedestrian curb ramps, road surface patching an
leveling. Contractor shall be responsible for restoring landscaping and irrigation to pre-constructio
condition. The Contractor shall furnish all materials required by this contract and provide th
necessary labor and equipment to complete the operations specified herein.
2-10 AUTHORITY OF BOARD AND ENGINEER
Add the following section:
2-10.1 Availability of Records.
Contractor's or subcontractor's possession pertaining to the work that the Engineer may request.
Add the following section:
2-10.2 Audit And Inspection. Contractor agrees to maintain and/or make available, to tl
Engineer, within San Diego County, accurate books and accounting records relative to all
activities. The Engineer shall have the right to monitor, assess, and evaluate Contract0
performance pursuant to this Agreement, said monitoring, assessments, and evaluations to incluc
but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and intervie\
of Contractor's staff. At any time during normal business hours and as often as the Engineer m(
deem necessary, upon reasonable advance notice, Contractor shall make available to the Engine for examination, all of its records with respect to all matters covered by this Contract and will perr
the Engineer to audit, examine, copy and make excerpts or transcripts from such data and recorc
and to make audits of all invoices, materials, payrolls, records of personnel, and other data relatii
to all matters covered by this Contract. However, any such activities shall be carried out in manner so as to not unreasonably interfere with Contractor's onigoing business operatior
Contractor shall maintain such data and records for as long as may be required by applicable lac
and regulations.
The Contractor shall provide (copies of all records in tl
4- aS 1/08/98 Contract No. 3523-2 Page 44 of
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SECTION 3 -- CHANGES IN WORK o 3-3 EXTRA WORK.
3-2.2.1 Contract Unit prices. add the following: In the case of an increase or decrei
minor Bid Item, the use of this basis for the adjustment of payment will be limited to that pc
the change, which together will all previous changes to that item is not in excess of 25 perce
total cost of such item based on the original quantity and Contract Unit Price. Adjustn
excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-
Work.
3-3.2.2 ( c ) Tool and Equipment Rental. Regar
ownership, the rates and right-of-way delay factors to be used in determining rental and deli
shall be the edition of the, “Labor Surcharge & Equipment Rental Rates” published by CAL
current at the time of the actual use of the tool or equipment. The right-of-way delay factors
shall be used as multipliers of the rental rates for determining the value of costs for dela
Contractor and subcontractors, if any, The labor rates published therein are not a parl
second paragraph, modify as follows:
1 contract.
1 3-3.2.3 Markup.
and replace with the following:
(a) Work by Contractor. The following percentages shall be added to the Contractor’s ci
shall constitute the markup for all overhead and profits:
Delete section 3-3.2.3 from the 1995 and 1996 Supplements to the
Labor ................................... 20
Materials 15
Equipment Rental 15
Other Items and Expenditures .. 15
1)
2)
4)
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To the sum of the costs and markups provided for in this section, 1 percent shall be a
(b) Work by Subcontractor. When all or any part of the extra work is performc Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor
cost of such work. A markup of IO percent on the first $5,000 of the subcontracted portic
extra work and a markup of 5 percent on work added in excess of $5,000 of the subcc
portion of the extra work may be added by the Contractor.
3-3.3 Daily Reports by Contractor. add the following after the second sentence: Pa)
extra work will not be made until such time that the Contractor submits completed daily rey
all supporting documents to the Engineer.
3-4 CHANGED CONDITIONS. delete the second sentence of paragraph three, delete p,
five (5), and add the following: The Contractor shall not be entitled to the payment of any i
compensation for any act, or failure to act, by the Engineer, including failure or refusal tc
change order, or for the happening of any event, thing, occurrence, or other cause, unless
have first given the Engineer due written notice of potential claim as hereinafter s
Compliance with this section shall not be required as a prerequisite to notice provisions ir
6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurc errors of computation as to contract quantities. The written notice of potential claim for
I compensation for bonding.
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conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to 1
time that the Contractor performs the work giving rise to the potential claim. The Contractor’s faili
to give written notice of potential claim for changed conditions to the agency upon their discovc
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 I
particular circumstances giving rise to the potential claim, the reasons for which the Contrac
believes additional compensation may be due and nature of any and all costs involved within
working days of the date of service of the written notice of potential claim for changed condition
Verbal notifications are disallowed.
The potential claim shall include the following certification relative to the California False Claims A
Government Code Sections 12650-1 2655.
“The undersigned certifies that the above statements are made in full cognizance of the Califort
False Claims Act, Government Code sections 12650-1 2655. The undersigned further understan
and agrees that this potential claim, unless resolved, must be restated as a elaim in response to t
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 Contrac
shall submit substantiation of its actual costs to the Engineer within 20 working days after t
affected work is completed. Failure to do so shall be sufficient cause for denial of any cla
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
the contract be brought to the attention of the Engineer at the earliest possible time in order tt
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
potential claim prior to commencing any disputed work. Failure to give said notice shall constitute
waiver of all claims in connection therewith.
Delete second sentence of paragraph one and add the following: Prior to proceeding with dispL
resolution pursuant to Public Contract Code (PCC) provisions specified hereinafter, the contracl
shall attempt to resolve all disputes informally through the following dispute resolution chain
command:
1. Project Inspector
2. Senior Inspector
3. Principal Inspector
4. City Engineer
5. City Manager
The Contractor shall submit a complete report within 20 working days after completion of tl
disputed work stating its position on the claim, the contractual basis for the claim, along with
documentation supporting the costs and all other evidentiary materials. At each level of claim
appeal of claim the City will, within 10 working days of receipt of said claim or appeal of clait
review the Contractor’s report and respond with a position, request additional information or reque
that the Contractor meet and present its report. When additional information or a meeting requested the City will provide its position within 10 working days (of receipt of said additior
information or Contractor’s presentation of its report. The Contractor may appeal each leve
position up to the City Manager after which he may proceed under the provisions of the Pub
Contract Code.
em ts 1/08/98 Contract No. 3523-2 Page 46 of
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The authority within the dispute resolution chain of command is limited to recomme
resolution to a claim to the City Manager. Actual approval of the claim is subject to the chani
All claims by the contractor for $375,000 or less shall be resolved in accordance \
procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commenc
Section 201 04) which is set forth below:
0 provisions in the contract.
ARTICLE 'l.5 RESOLUTION OF CONSTRUCTION CLAIMS
20104 (a)(l) This article applies to all public works claims of three hundred seventy-five tt
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 contractc
public agency when the public agency has elected to resolve any disputes pursuant to Ar
(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
that "public work" does not include any work or improvement contracted for by the statc
Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) pay
money or damages arising from work done by, or on behalf of, the contractor pursuan
contract for a public work and payment of which is not otherwise expressly provided fo
claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by 1
agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans or speci
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.
201 04.2 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 tt
Claims must be filed on or before the date of final payment. Nothing in this subdivision is inti
extend the time limit or supersede notice requirements otherwise provided by contract for
of claims.
(b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall re!
writing to any written claim within 45 days of receipt of the claim, or may request, in writin
30 days of receipt of the claim, any additional documentation supporting the claim or re
defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursua
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be sub1
the claimant within 15 days after receipt of the further documentation or within a period of
greater than that taken by the claimant in producing the additional information, whichever is
(c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three
seventy-five thousand dollars ($375,000), the local agency shall respond in writing to a
claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of r
the claim, any additional documentation supporting the claim or relating to defenses to the (
local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursua
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be sub
the claimant within 30 days after receipt of the further documentation, or within a period 01
greater than that taken by the claimant in producing the additional information or rz
1 0
0 documentation, whichever is greater.
4- 1 w 1/08/98 Contract No. 3523-2 Page
(d) If the claimant disputes the local agency's written response, or the local agency fails to respo
within the time prescribed, the claimant may so notify the local agency, in writing, either within
days of receipt of the local agency's response or within 15 days of the local agency's failure
respond within the time prescribed, respectively, and demand an informal conference to meet a
confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule
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, t
claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chaptei
(commencing with Section 910) of Part 3 of Division 3.6 of Title 1 off the Government Code. F
purposes of those provisions, the running of the period of time within which a claim must be fil
shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision I
until the time that claim is denied as a result of the meet and confer process, including any period
time utilized by the meet and confer process. (9 This article does not apply to tort claims and nothing in this article is intended nor shall
construed to change the time periods for filing tort claims or actions specified by Chapter
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Divisi
3.6 of Title 1 of the Government Code.
20104.4 The following procedures are established for all civil actions fiiled to resolve claims subje
to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the COI
shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both partic
The mediation process shall provide for the selection within 15 days by both parties of
disinterested third person as mediator, shall be commenced within 310 days of the submittal, ai
shall be concluded within 15 days from the commencement of the mediation unless a tir
requirement is extended upon a good cause showing to the court or by stipulation of both parties.
the parties fail to select a mediator within the 15-day period, any party may petition the court
appoint the mediator.
(b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant
Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedui
notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article
(commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedur
shall apply to any proceeding brought under the subdivision consistent with the rules pertaining
judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointc
for purposes of this article shall be experienced in construction law, and, upon stipulation of tl
parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not
exceed their customary rate, and such fees and expenses shall be paid equally by the partie
except in the case of arbitration where the arbitrator, for good cause, determines a different divisic
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
Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but doc
not obtain a more favorable judgment shall, in addition to payment of costs and fees under th
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
arbitration process.
20104.6 (a) No local agency shall fail to pay money as to any portion of a claim which is undisputr
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 (
any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in court of law.
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SECTION 4 - CONTROL OF MATERIALS
0 4-1 MATERIALS AND WORKMANSHIP.
4-1.3.1 General. add the following: The Contractor shall provide the Engineer free ai
access to any and all parts of work at any time. Contractor shall furnish Engineer wil
information as may be necessary to keep the Engineer fully informed regarding progre
manner of work and character of materials. Inspection or testing of the whole or any portioi
work or materials incorporated in the work shall not relieve Contractor from any obligation
this Contract.
4-1.4 Test of Materials. add the following: Except as specified in these Special Provisi
Agency will bear the cost of testing materials and/or workmanship where the results of su
meet or exceed the requirements indicated in the Standard Specifications and the
Provisions. The cost of all other tests shall be borne by the Contractor.
At the option of the Engineer, the source of supply of each of the materiais shall be approvec
before the delivery is started. All materials proposed for use may be inspected or tested at
during their preparation and use. If, after incorporating such materials into the Work, it is fc
sources of supply that have been approved do not furnish a uniform product, or if the prod
any source proves unacceptable at any time, the Contractor shall furnish approved mate
other approved sources. If any product proves unacceptable after improper storage, handli
any other reason it shall be rejected, not incorporated into the work and shall be removed
project site all at the Contractor’s expense.
Compaction tests may be made by the Engineer and all costs for tests that meet or exc
requirements of the specifications shall be borne by the Agency. Said tests may be mad
place along the work as deemed necessary by the Engineer. The costs of any retes
necessary by noncompliance with the specifications shall be borne by the Contractor.
4-1.6 Trade names or Equals. add the following: The Contractor is responsible
satisfactory performance of substituted items. If, in the sole opinion of the Engine
substitution is determined to be unsatisfactory in performance, durability, compatibil
associated items, availability of repair parts and suitability of application the Contract1
remove the substituted item and replace it with the originally specified item at no cos’
Agency.
I e
SECTION 5 -- UTILITIES
5-1 LOCATION. Add the following: The Agency and affected utility companies have, by
of known records, endeavored to locate and indicate on the Plans, all utilities which exist \i
limits of the work. However, the accuracy and/or completeness of the nature, size and/or IC
utilities indicated on the Plans is not guaranteed.
5-4 RELOCATION. Add the following: In order to minimize delays to the Contractor ci
the failure of other parties to relocate utilities that interfere with the construction, the Cc
upon request to the Engineer, may be permitted to temporarily omit the portion of work afl
the utility. Such omission shall be for the Contractor’s convenience and no additional comr will be allowed therefor. The portion thus omitted shall be constructed by the C
immediately following the relocation of the utility involved unless otherwise directed by the E I
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1 a@ 1/08/98 Contract No. 3523-2 Page
SECTION 6 -- PROSECUTION, PROGRESS AND
ACCEPTANCE OF THE WORK
Add the following section: 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer v
set the time and location for the Preconstruction Meeting. Attendance of the Contracto
management personnel responsible for the management, administration, and execution of t project is mandatory for the meeting to be convened. Failure of the Contractor to have t
Contractor’s responsible project personnel attend the Preconstruction Meeting will be grounds 1 default by Contractor per section 6-4. No separate payment will be made for the Contracto
attendance at the meeting. The notice to proceed will only be issued on or after the completion
the preconstruction meeting.
Add the following section:
6-1.2 Measurement And Payment Of Construction Schedule. The Contractor’s preparatic
revision and maintenance of the Construction Schedule are incidental to the work and no separz
payment will be made therefor.
6-2 PROSECUTION OF WORK. Add the following after the first sentence: The Contractor sh
prosecute work so that a maximum of seven (7) calendar days elapse between the removal
existing improvements and completion of new construction.
6-6 DELAYS AND EXTENSIONS OF TIME.
6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide writtc
notice to the Engineer within two hours of the beginning of any period that the Contractor has placc
any workers or equipment on standby for any reason that the Contractor has determined to I
caused by the Agency or by any organization that the Agency may otherwise be obligated by. TI
Contractor shall provide continuing daily written notice to the Engineer, each working ds
throughout the duration of such period of delay. The initial and continuing written notices sh,
include the classification of each workman and supervisor and the make and model of each piece
equipment placed on standby, the cumulative duration of the standby, the Contractor’s opinion
the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay I
reasonable means. Should the Contractor fail to provide the notice@) required by this section tt
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 slhall diligently prosecute thl
work to completion within forty-five (45) working days after the starting date specified in the Notici
to Proceed. %*LL\!5
6-7.2 Working Day. Unless otherwise approved in writing by the Engine6
the hours of work shall be between the hours of 7:OO a.m. and 500 p.m. on Mondays throu:
Fridays, excluding Agency holidays. The Contractor shall obtain ,the written approval of tt
Engineer if the Contractor desires to work outside said hours or at any time during weekends and/
holidays. This written permission must be obtained at least 48 hours prior to such work TI
Engineer may approve work outside the hours and/or days stated herein when, in hidher so
opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. Tt
Contractor shall pay the inspection costs of such work.
Add the following:
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The Contractor shall incorporate the dates, areas and types of work prohibited in this sectic
Construction Schedule required by section 6.1. No additional payment, adjustment of bid I
adjustment of contract time of completion will be allowed as a consequence of the prohi
work being performed within the dates, areas and/or types of work prohibited in this section.
6-8 COMPLETION AND ACCEPTANCE. Add the following: All work shall be warranted
(1) year after recordation of a "Notice of Completion'' and any faulty work or materials disc
during the warranty period shall be repaired or replaced by the Contractor, at its expense. 1
five percent of the faithful performance bond shall be retained as a warranty bond for the 01
warranty period.
6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first s
of the second paragraph and add the following: For each consecutive calendar day in e.
the time specified for completion of Work, as adjusted in accordance with 6-6, the Contrac
pay the Agency, or have withheld monies due it, the sum of five hundred ($500.00) dollars.
Execution of the Contract shall constitute agreement by the Agency and Contractor 1
hundred ($500) dollars per day is the minimum value of costs and actual damages cause
Contractor to complete the Work within the allotted time. Any progress payments made
specified completion date shall not constitute a waiver of this paragraph or of any damages.
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SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR
7-3 LIABILITY INSURANCE. Add the following: All insurance is to be placed with insu
have a rating in Best's Key Rating Guide of at least A-:V and are admitted and authc
conduct business in the state of California and are listed in the official publication of the Del
of Insurance of the State of California.
7-4 WORKERS' COMPENSATION INSURANCE. Add the following: All insurance
placed with insurers that are admitted and authorized to conduct business in the state of C
and are listed in the official publication of the Department of Insurance of the State of Cz
Policies issued by the State Compensation Fund meet the requirement for workers' comp
insurance.
7-5 PERMITS. Except as specified herein the ag
obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, and building
necessary to perform work for this contract on Agency property, in streets, highways (excc
highway right-of-way), railways or other rights-of-way. Contractor shall not begin work
permits incidental to the work are obtained. The Contractor shall obtain and pay for all pc
the disposal of all materials removed from the project. The cost of said permit(s) shall be
in the price bid for the appropriate bid item and no additional compensation will be allowed t
u @
Modify the first sentence to read:
I
7-7 COOPERATION AND COLLATERAL WORK.
Add the following section:
7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility cc
during the relocation or construction of their lines. The Contractor may be granted a time f
if, in the opinion of the Engineer, a delay is caused by the utility company. No i
compensation will be made to the Contractor for any such delay.
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7-8 PROJECT SITE MAINTENANCE.
7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herc
shall also be executed on weekends and other non-working days when needed to preserve t
health safety or welfare of the public. The Contractor shall conduct effective cleanup and di
control throughout the duration of the Contract. The Engineer may require increased levels
cleanup and dust control that, in hidher sole discretion, are necessary to preserve the health, safc
and welfare of the public. Cleanup and dust control shall be considered incidental to the items
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 obtair
construction meter for water used for the construction, plant establishment, maintenance, clean1 testing and all other work requiring water related to this contract. The Contractor shall contact t
appropriate water agency for requirements.
The Contractor shall pay all costs of temporary light, power and water including hookup, servic
meter and any, and all, other charges, deposits and/or fees therefor.
considered incidental to the items of work that they are associated with and no additional payme
will be made therefor.
Add the following section:
7-8.8 Noise Control. All internal combustion engines used in the construction shall be equippc
with mufflers in good repair when in use on the project with special attention to the City Noi
Control Ordinance, Carlsbad Municipal Code Chapter 8.48.
Said costs shall
7-10 PUBLIC CONVENIENCE AND SAFETY.
7-1 0.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be
accordance with the plans, Chapter 5 of the California Department of Transportation "Manual
Traffic Controls," 1996 edition and these Special Provisions. If any component in the traffic conti
system is displaced, or ceases to operate or function as specified, from any cause, during tl
progress of the work, the Contractor shall immediately repair said component to its original conditic
or replace said component and shall restore the component to its original location. In the event th
the Contractor fails to install and/or maintain barricades or such other traffic signs, marking
delineation or devices as may be required herein, the Engineer may, at hidher sole option, inst,
the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($20.0
per day per traffic sign or device, or the actual cost of providing such traffic control facilil
whichever is the greater.
Add the following section:
7-1 0.3.1 Construction Area Signs.
placed to provide traffic control, direction and/or warning shall be furnished, installed, maintain(
and removed by the Contractor when no longer required. Care slhall be used in performir
excavation for signs in order to protect underground facilities. Warning and advisory signs th
remain in place overnight shall be stationary mounted signs. Stationary signs that warn of no
existant conditions shall be removed from the travelled way or shielded from the view of tt
travelling public during such periods that their message does not pertain to existing conditions. I excavation required to install stationary construction area signs shall be performed by har
methods without the use of power equipment. Warning and advisory signs that are used only durir
working hours may be portable signs. Portable signs shall be removed from the travelled way ar
shielded from the view of the travelling public during non-working hours.
Warning and advisory signs, lights and devices installed
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During the hours of darkness, as defined in Division 1, Section 280, of the California Vehiclc
portable signs shall be illuminated or, at the option of the Contractor, shall be in conformar
the provisions in Section 12-3.06B, “Portable Signs”, of the CALTRANS Standard Specifical
Reflexite vinyl microprism reflective sheeting signs; or 3M high intensity reflectorized shec
aluminum substrate signs of Seibulite Brand Ultralite Grade Series, encapsulated lens retrort
sheeting signs; or equal.
Stationary mounted signs used for traffic control during construction of the Work shall be i
on break-away sign posts as shown on SDRS drawing M-45 or on wood posts in the same
shown on CALTRANS Standard Plans RS 1 , RS 2, RS 3 and RS 4 for installation of roadsid
except as follows:
(a) Back braces and blocks for sign panels will not be required. (b) The height to the bottom of the sign panel above the edge of traveled way shall be
2.1 m.
(c) Construction area sign posts may be installed on above ground temporary platfoi supports as approved by the Engineer, or the signs may be installed on existing lighting Sti
or other supports as approved by the Engineer.
(d) When construction area signs are installed on existing lighting standards, holes shal
made in the standards to support the sign.
(e) The post embedment shall be 0.8-m if post holes are backfilled around the PO
500-C-2500 concrete.
(f) When break-away sign posts (SDRS M-45) are used one post shall be provided for e: square meters of sign area.
For wood posts post size and number of posts shall be as shown on CALTRANS Standard F
2. Lumber for wood posts shall be as for sight posts.
Sign panels for stationary mounted signs shall conform to the requirements of Section
“Reflective Sheeting Aluminum Signs”, and the following:
(a) All rectangular sheet aluminum signs over 1375 mm measured along the horizontal axis
diamond-shaped sheet aluminum signs 1500 mm and larger shall be framed unless o
specified.
(b) Frames shall be constructed in accordance with “Framing Details for Sheet Aluminum Sheets 1 through 4 and Table 1 on Sheet 5, as published by CALTRANS.
(c) Sign panel fastening hardware shall be commercial quality.
Each portable sign shall consist of a base, standard or framework and a sign panel. The ur
be capable of being delivered to the site of use and placed in immediate operation. Sign p: portable signs shall conform to the requirements of sign panels for stationary mounted
206-7, “Reflective Sheeting Aluminum Signs”, or shall be Type IV reflective sheeting, cc
fabric, flexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be USE
the hours of darkness. Size, color, and legend requirements for portable signs sha
described for stationary mounted sign panels in Section 206-7, “Reflective Sheeting A
Signs”. The height to the bottom of the sign panel above the edge of traveled way shall bc
0.3 m. All parts of the sign standard or framework shall be finished with 2 applications of ai
enamel which will match the color of the sign panel background. Testing of paint wil required. If portable signs are displaced or overturned, from any cause, during the progre
work, the Contractor shall immediately replace the signs in their original locations.
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Add the following section: 7-1 0.3.2 Maintaining Traffic. Attention is directed to Sections 7-1 0 SSPWC "Public Convenier
and Safety." Nothing in these Special Provisions shall be construed as relieving the Contractor frc
its responsibility as provided in said Section 7-10. If illuminated traffic: cones rather than post-ty
delineators are used during the hours of darkness, they shall be affixed or covered with reflecti
cone sleeves as specified in CALTRANS "Standard Specifications", except the sleeves shall
seven (7) inches long.
The Contractor's personnel shall not work closer than six (6) feet, nor operate equipment within b
(2) feet from any traffic lane occupied by traffic. For equipment the two (2) feet shall be measur
from the closest approach of any part of the equipment as it is operated and/or maneuvered performing the work. This requirement may be waived when the Engineer has given writt
authorization to the reduction in clearance that is specific to the time, (duration and location of su
waiver or for the work of installing, maintaining and removing traffic control devices. As a conditi
of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of,
realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers.
Personal vehicles of the Contractor's employees shall not be parked within the traveled w:
including any section closed to public traffic. Whenever vehicles or equipment are parked on t
shoulder within six (6) feet of a traffic lane, the shoulder area shall be closed with fluorescent tral
cones or portable delineators placed on a taper in advance of the parked vehicles or equipment a
along the edge of the pavement at 25-foot intervals to a point not less than 25 feet past the I:
vehicle or piece of equipment. A minimum of nine (9) cones or portalble delineators shall be us
for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted
a telescoping flag tree with flags. The flag tree shall be placed where (directed by the Engineer.
construction traffic control devices shall be maintained in good order and according to the pl
throughout the duration of work. During the entire construction, a minimum of two paved traf
lanes, not less than twelve (12) feet wide, shall be open for use by public traffic in each direction
travel.
Contractor shall maintain traffic flow in both directions at all times on all streets, unless otherwi
approved by the Engineer.
Add the following section:
7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closii traffic lanes in accordance with the details shown on the plans, CALTRANS "Manual of Traf Control", 1996 edition and provisions under "Maintaining Traffic" elsewhere in these Spec Provisions. The provisions in this section will not relieve the Contractor from its responsibility
provide such additional devices or take such measures as may be necessary to maintain pub safety.
When lanes are closed for only the duration of work periods, all components of the traffic conti
system, except portable delineators placed along open trenches or excavation adjacent to tl
traveled way, shall be removed from the traveled way and shoulder ai. the end work period. If tl
Contractor so elects, said components may be stored at selected central locations, approved by tl
Engineer, within the limits of the right-of-way.
Add the following section:
7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stril
operations, traffic shall be controlled with lane closures, as provided for under "Traffic Conti
System for Lane Closure" of these Special Provisions or by use of an alternative traffic control pi;
proposed by the Contractor and approved by the Engineer. The Contractor shall not start traf striping operations using an alternative plan until he has submitted its plan to1 the Engineer and hi
received the Engineer's written approval of said plan.
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Add the following section: 0 7-1 0.3.5 Temporary Pavement Delineation. Temporary pavement delineation s
furnished, placed, maintained and removed in accordance with the minimum standards spe
Chapter 5 of the “Traffic Manual”, 1996 edition published by CALTRANS. Whenever tt
causes obliteration of pavement delineation, temporary or permanent pavement delineation
in place prior to opening the traveled way to public traffic. Lane line or centerline pa
delineation shall be provided at all times for traveled ways open to public traffic. All work nec
including any required lines or marks, to establish the alignment of temporary pavement deli
shall be performed by the Contractor. When temporary pavement delineation is removed,
and marks used to establish the alignment of the temporary pavement delineation shall be n
by grinding.
Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose r
Temporary pavement delineation shall not be applied over existing pavement delineation
temporary pavement delineation. Temporary pavement delineation shall be maintain
superseded or replaced with permanent pavement delineation.
Temporary pavement delineation shall be removed when, as determined by the Enginl
temporary pavement delineation conflicts with the permanent pavement delineation or wit1
traffic pattern for the area and is no longer required for the direction of public traffic.
temporary pavement delineation is required to be removed, all lines and marks used to E
the alignment of the temporary pavement delineation shall be removed.
Add the following section:
7-10.3.6 Traffic Control Plan Sheets. The Contractor shall submit Traffic Control Plan
for the Engineer’s review for all construction activities. The Contractor must obtain the En
approval of the TCP prior to implementing them. The Engineer may choose to modify, a1
supplement the TCP. The level of detail, format, and graphics shall be of reasonable quati’
size no less than a scale of 1” = 100’. AH expenses and time to prepare and review modil
additions, supplements and/or new designs shall be included in the lump sum bid for traffic or, in the absence of a traffic control bid item, borne by the Contractor and no additional I
will be made therefor. Such modifications, supplements and/or new design shall n
requirements of the “MANUAL OF TRAFFIC CONTROLS”, 1996 Edition as published by t
of California Department of Transportation and of the Engineer. Such design shall be prepa
professional engineer appropriately registered in the State of California unless otherwise a
in writing by the Engineer. The Engineer shall be the sole judge of the suitability and qualil
modifications, supplements, and/or new designs. The Engineer may approve any modil
supplements, and/or new designs to the traffic control plans when, in hidher sole opinic
modifications, supplements, and/or new designs to the traffic control plans prepared
registered engineer retained by the Contractor will be beneficial to the best interests of the 1 Such modifications, additions, supplements, and/or new designs shall not be implementec
work shall be commenced that is contingent on such approval until the changed traffic cont
are approved by the Engineer. The preparation of modifications, additions, supplements
new designs shall not presuppose their approval or obligate the Agency in any fashion. :
and review requirements for such modifications, supplements, and/or new designs shall cc
the requirements of section 2-5.3 Shop Drawings and Submittals.
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Add the following section:
7-1 0.3.7 Payment. The Contractor shall include all costs for traffic control in the contract bid pr
for pedestrian curb ramps, which shall include full compensation for furnishing all labor (includi
flagging costs), materials (including signs), tools, equipment and incidentals, and for doing all 1
work involved in preparation, reproduction and changing of traffic control plans, placing, apply1
traffic stripes and pavement markers with bituminous adhesive, removing, storing, maintainii
moving to new locations, replacing, and disposing of the components of the traffic control system
shown on the plans and approved additions and modifications, as specified in these spec
provisions, and as directed by the Engineer.
Add the following section:
7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessi
precautions for the safety of employees on the work and shall comply with all applicable provisic
of Federal, State and Municipal safety laws and building codes to prevent accidents or injury
persons on, about, or adjacent to the premises where the work is being performed. The Contrac
shall erect and properly maintain at all times, as required by the conditioris and progress of t
work, all necessary safeguards for the protection of workers and public, and shall use danger sig
warning against hazards created by such features of construction as protruding nails, hoists, w
holes, and falling materials.
7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this wc
include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possit
materials, such as borrow pits or gravel beds, for use in the proposed construction project whi
would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditio
established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditio
of the contract.
SECTION 9 - MEASUREMENT & PAYIMENT
9-3 PAYMENT.
9-3.2 Partial and Final Payment. Modify the second paragraph as follows: Each month, th
Engineer will make an approximate measurement of the work performed to the closure date a
basis for making monthly progress payments. The estimated value will be based on contract un
prices, completed change order work and as provided for in Section 9-2 of the Standar
Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar day
after the closure date. Five (5) working days following the closure date, the Engineer sha
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 (IC
days of receipt of the progress estimate, submit a supplemental payment request to the Enginec
with adequate justification supporting the amount of supplemental payment request. Upon receir
of the supplemental payment request, the Engineer shall, as soon as practicable after receip
determine whether the supplemental payment request is a proper payment request. If th
Engineer determines that the supplemental payment request is not proper, !.hen the request sha
be returned to the Contractor as soon as practicable, but not later than seven (7) days after receip
The returned request shall be accompanied by a document setting forth in writing the reasons wh
the supplemental payment request was not proper. In conformance with IPublic Contract Cod
Section 20104.50, the City shall make payments within thirty (30:) days after receipt of a
undisputed and properly submitted supplemental payment request from the Contractor. If paymer of the undisputed supplemental payment request is not made within thirty (30) days after receipt b the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set fort
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 Agenc
retain 10 percent of such estimated value of the work done and 10 percent of the value of m:
so estimated to have been furnished and delivered and unused or furnished and sto
aforesaid as part security for the fulfillment of the contract by the Contractor, except that
time after 20 percent of the work has been completed, if the Engineer finds that satis
progress is being made, the Agency may reduce the total amount being retained from p:
pursuant to the above requirements to 5 percent of the total estimated value of said wo
materials and may also reduce the amount retained from any of the remaining partial paym
5 percent of the estimated value of such work and materials. In addition, on any partial p:
made after 95 percent of the work has been completed, the Agency may reduce the i
withheld from payment pursuant to the requirements of this Section to such lesser amounts
Engineer determines is adequate security for the fulfillment of the balance of the work an(
requirements of the contract, but in no event will said amount be reduced to less than 125 I
of the estimated value of the work yet to be completed as determined by the Engineer.
reduction will only be made upon the written request of the Contractor and shall be apprc
writing by the surety on the Performance Bond and by the surety on the Payment Bonc
approval of the surety shall be submitted to the Engineer; the signature of the person execui
approval for the surety shall be properly acknowledged and the power of attorney authorizi
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 inspec
Engineer will make a Final Payment Estimate and process a corresponding payment. This f
will be in writing and shall be for the total amount owed the Contractor as determined
Engineer and shall be itemized by the contract bid item and change order item with quanti
payment amounts and shall show all deductions made or to be made for prior payme
amounts to be deducted under provisions of the contract. All prior estimates and progress p;
shall be subject to correction in the Final Payment Estimate.
The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate
written statement disputing any bid item or change order item quantity or payment amou
Contractor shall provide all documentation at the time of submitting the statement suppc
position. Should the Contractor fail to submit the statement and supporting documentatic
the time specified, the Contractor acknowledges that full and final payment has been mac
contract bid items and change order items.
If the Contractor submits a written statement with documentation in the aforementioned 1
Engineer will review the disputed item within 30 calendar days and make any apl
adjustments on the Final Payment. Remaining disputed quantities or amounts not approve
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 asce
basis and amount of said claims. The Engineer will consider and determine the Contractor
and it will be the responsibility of the Contractor to furnish within a reasonable time sucl
information and details as may be required by the Engineer to determine the facts or COI
involved in its claims. Failure to submit such information and details will be sufficient c
denying the claims.
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9-3.2.1 Payment for Claims. Add the following: Written statement shall be submitted to
Agency within 30 calendar days of receipt of Final Payment for all claims for the entire project.
claim will be considered that was not included in this written statement, nor will any claim be allow
for which written notice or protest is required under any provision of this contract including sectic
3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Writ
Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied w
notice or protest requirements.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain '
basis and amount of said claims. The Engineer will consider and determine the Contractor's clai
and it will be the responsibility of the Contractor to furnish within a reasonable time such furtl
information and details as may be required by the Engineer to determine the facts or contentic
involved in its claims. Failure to submit such information and detains will be sufficient cause
denying the claims.
Payment for claims shall be processed within 30 calendar days of receipt of the written statement
further information, whichever is longer, for those claims approved by the Engineer. The Contrac
shall proceed with informal dispute resolution under subsection 3-5, Disputedl Work, for those claii
remaining in dispute.
4ii %@ 1/08/98 Contract No. 3523-2 Page 58 of
Type of Construction
All Concrete Used Within the Right-of-way (1)
Trench Backfill Slurry
Street Light Foundations and Survey
Monuments
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1 Traffic Signal Foundations
Concrete Maximun
Class Slump (Inct
560-C-3250 (2) (3)
190-C-250 5
560-C-3250 4
590-C-3750 4
SUPPLEMENTAL PROVISIONS YO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART 3, CONSTRUCTION METHODS
SECTION 300 - EARTHWORK
300-1 CLEARING AND GRUBBING.
300-1 .l General. add the following: During surface clearing operations, the Contractor shall I
cover or bury any plant growth or other objectionable materials. If the Contractor can!
successfully separate the plant growth from the surface soil and advertently or inadvertently mil plant growth or other objectionable materials with the surface soil, the Contractor shall remove 1 contaminated soil from the site at its cost. All costs, if any, associated with removing the soil mix with plant growth or other objectionable materials and importing soil to replace said contaminat
soil shall be borne by the Contractor and no additional payment therefor shall be made to t
Contractor.
300-1.1 General. add the following to the fourth paragraph: Concrete structures, traffic sigr facilities, utility poles, tree stumps and all other objects protruding above original ground surface exposed during surface clearing and grubbing operations shall be removed in their entirt regardless of depth. The cost of excavating and disposing of these buried objects shall be includ in the lump sum price bid for clearing and grubbing. Also included in clearing and grubbing shall removal and disposal of existing P.C.C. ditch, reinforced concrete, cuirtain wall, street lights, tral signals and associated facilities, guardrail and barricades, fences, existing gates, existing dr:
pipes, traffic signs, and other existing features which interfere with the work, whether or not su
items are called out on the plans or in the specifications for removal.
300-1.3 Removal and Disposal of Materials.
Delete subsection 300-1.3.1 and replace with the following: 300-1.3.1 General. Also included in clearing and grubbing shall be removal and disposal ( existing street poles and lights, fences, asphalt concrete and aggregate base, concrete curb an
gutter, concrete sidewalk, existing gate, existing abandoned underground pipes and conduit: traffic signs, and other existing features which interfere with the roadwork, whether or not suc
items are called out on the plans or in the specifications for removal. Tree removal shall includ removing the tree stump and roots greater than 0.1' in diameter to a depth of 21" below grade fc
curb. All concrete and bituminous materials removed shall be disposed of at a legally permitte
landfill or recycling site.
Delete subsection 300-1.3.2(a) and replace with the following:
300-1.3.2(a) Bituminous Pavement. Bituminous pavement shall be removed to straigh
sawcut lines. Unless otherwise shown on the plans, A.C. shall be sawcut a minimum of 18 fror the lip of gutter and removed where curb and gutter or cross gutter is designated to be remove1 and replaced.
The new A.C. pavement section shall be a minimum of 1" thicker than the existing A.C. pavemer thickness, or 4" thick, whichever is greater.
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Delete subsection 300-1.3.2(c) and replace with the following: 300-1.3.2(c) Concrete Curb, Walk, Gutters. Cross-Gutters, Drivewavs. and
Concrete curb, curb and gutter, and sidewalk shall be removed betwc
limits shown on the plans which shall coincide with the nearest existing weakened plane . score line or as directed by the Engineer. The joint shall be sawed if necessary before rei concrete to prevent damage to adjacent improvements. If the adjacent curb, curb and gi sidewalk is damaged during the removal process, it shall be removed to the nearest joint ( the damaged area and replaced at the Contractor‘s expense.
Delete subsection 300-1.4 and replace with the following: 300-1.4 Pavment. Payment for clearing and grubbing, including sawcutting curb, cu
gutter, sidewalk, and A.C. paving, removing and disposing of same shall be included in the c
unit price bid for pedestrian ramp construction. Payment for traffic control necessary for saw
and removals shall be incidental to the work and no additional compensation shall be i
therefor.
0 Intersections.
300-2 U N CLASS1 FI ED EXCAVATION
300-2.9 Unclassified Excavation. Modify as follows: “Unclassified Excavation” !
paid for as part of the work appurtenant to the pedestrian ramp construction and no a(
payment will be made therefore.
300-4 UNCLASSIFIED FILL
300-4.2 Preparation of Fill Areas. add the following: Except as provided in section : “Compaction”, areas proposed for improvements all fill (including backfill and scarified surfaces) shall be compacted to no less than 90 percent of maximum dry density as deterr accordance with ASTM Test Procedure Dl 557-91.
300-4.6 Application of Water. add the following: All fill soil shall be placed at a moisture no less than one (1) percent below optimum moisture per ASTM test D-1557.
300-4.7 Compaction. add the following: Fill soils placed within the top 1 foot of r
subgrade shall be compacted to a minimum of 95 percent relative compaction. On all i
receive planting, the top 6” shall be compacted to 85% to allow for plant growth.
300-4.9 Measurement and Payment. delete and substitute the following: Unclass grading, shaping, compacting or consolidating, slope rounding, construction of transitions work included in and incidental to Section 300-4, “Unclassified Fill” will be paid for as a pa work appurtenant to the pedestrian ramp construction, and no additional payment will b therefor.
SECTION 301 - TREATED SOIL, SUBGRADE PREPARATION,
AND PLACEMENT OF BASE MATERIALS
301-1 SUBGRADE PREPARATION.
301-1.2 Preparation of Subgrade. add the following: The Contractor shall scarify, r
condition and recompact the portion of subgrade 12 inches below the aggregate structural sf
the street as an integral part of the street section (structural section and typical section) Th
12 inches of subgrade beneath paved areas shall be compacted to no less than 95 I maximum dry density (ASTM-1557).
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301 -1.7 Payment. add the following: Payment for subgrade preparation shall be included in 1
contract bid price for pedestrian ramp construction and shall include all labor, materials; includi water, operations and equipment to scarify, adjust moisture, compact or recompact the subgrac both in cut areas and in fill areas, and no further compensation will be allowed.
SECTION 3Q2- ROADWAY SURFACING
302-5 ASPHALT CONCRETE PAVEMENT.
302-5.5 Distribution and Spreading.
Add the following: Asphaltic concrete overlay shall only be applied when existing pavement
clean and dry. Contractor shall remove any weeds or organic matter prior to application of ne
A.C. overlay.
To subsection 302-5.5 add the following:
The Contractor shall not be required to use a self propelled spreading machine when placing A.C
in the 2'slot adjacent to new curb or new curb and gutter. In these areas the A.C. shall be place
in maximum 0.25' loose lifts and compacted to the density specified in subsection 302-5.6.
Compacted A.C. shall be no higher than 0.10' below the lip of gutter. The Contractor shall grind,
its expense, A.C. not placed to the correct elevation.
302-5.6.1 General. modify as follows: Second paragraph, Part (2), add: Pinched joint rolli
procedures shall be required, and vibratory rollers shall be limited to breakdown, unless otherwi
directed by the Engineer.
302-5.9 Measurement and Payment. add the following: Payment for asphalt concrete includi application of tack coat shall be included in and incidental to the bid item for construction
pedestrian curb ramps, and no additional payment will be made therefor.
SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION
303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS ACCESS RAMPS, AND DRIVEWAYS.
Add the following section:
303-5.5.5 Alley Intersections, Access Ramps, and Driveways. add the following: Pedestri curb ramps shall be constructed per the San Diego Regional Standard Drawing indicated on t Plans, modified where indicated according to details on the Plans. Transitions from ramps to wal' gutters, or streets shall be flush and free of abrupt vertical changes in excess of % of an inc Contractor shall ensure that pedestrian curb ramps finish shall be free of any form of graffiti.
SECTION 308 - LANDSCAPE AND IRRIGATION INSTALLATION
308-8 Payment. modify as follows: Payment for landscape and irrigation replacement shall be incidental to the work they i associated with and included in the bid items for pedestrian curb ramp construction and
additional payment will be made therefor.
*= %? 1/08/98 Contract No. 3523-2 Page 62 of
TYPE A
CONSTRUCTION * NOTES
1. Set false header for back of ramp at curb height above gutter grade to maximum 6.
SECTION A-A '
NOTE
See Standard Drawing 6-32 for general notes
12'' wide border with %"
grOOVK approx. 3/r" O.C.
Face of curb *
Retaining curb or imll
1. Type C ramps are only to be used to mitigate existing
conditions where inadequate right of way exists to use
standard drawing 6-27.6-28 or 6-30 and are not to be
used in new construction.
See Standard Drawing 6-32 for general notes. 2.
SAN DlEGO REGIONAL STANDARD DRAWING RECOMMENOEO BY THE SAN REG,oNAL STANoI\ROS COM,
PEDESTRIAN RAMP
DRAWING NUMBER 6-29
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1. The removal of existing concrete curb, gutter, sidewalk and pavement for
pedestrian ramp installation shall comply with Standard Drawing G-11.
2. Areas shown thus: m shall have a heavy broom "ripple" texture finish,
transverse to axis of ramp contrasting visually with adjoining surfaces.
3. Areas shown thus: [-I are the minimum required for a complete ramp
installation and shall be concrete class 520-C-2500.
4. If obstructions such as inlets, utility poles, fire hydrants, etc.. are
encountered, the ramp locations may be adjusted upon the approval of the Resident Engineer.
5. Ramp slope shall be a minimum grade of 15:l.
6. The ramp slopes will be measured relative to the sidewalk slope, see Detail A belc
Adjoining slope beyond ramp shall not exceed 2O:l (5%).
+Y
Remove & reconstruct Slope = X:Y
Where X is level plane su pavement as shown 3.- on plans to provide .- s 5 5% max. slope within
V, 4' of sidewalk limit.
Line of Curb
Recording requested by:
CITY OF CARLSBAD
When recorded mail to:
City Clerk
City of Carlsbad
- 1200 Carlsbad Village Dr.
~ Carlsbad, CA 92008
-J k , , . *
1;
NOW 243 1998 11:
OFFICIAL RECORDS SA14 DIEGO UIEW~ FXCUREEF: * 5 OFF1 GWGQkY J. SMITHS GC1UPfi'Y RECflRDE FEES: Q.CQ 1572
i 998-076P416