HomeMy WebLinkAboutRay White Cement Company; 2000-08-11; P00-03ACITY OF CARLSBAD
San Diego County
California
OPEN MARKET
CONTRACT DOCUMENTS AND SPECIAL PROVISIONS
FOR
CONTRACT NO. POO-03A
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,- TABLE OF CONTENTS
item Page
NOTICE INVITING BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
CONTRACTOR’S PROPOSAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..,..... . . . . . . . . . . . . . . . . . . . . . . . . . . e. . . . . . . . . . . . . . . . . . . . . . . 4
DESIGNATION OF SUBCONTRACTORS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
BIDDER’S CERTIFICATE OF INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
BIDDER’S STATEMENT RE: DEBARMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
CONTRACT -- PUBLIC WORKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OF RETENTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
SPECIAL PROVISIONS
I. SUPPLEMENTARY GENERAL PROVISIONS TO STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
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CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Sealed bids shall be deposited in the Bid Box located in the first floor lobby at the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, until 4:00 P.M. on
the N/A day of N/A ,20 9 for performing the work as follows:
OPEN MARKET CONTRACT NO. POO-03A
The work shall be performed in strict conformity with the specifications on file with the General
Services Department of Public Works. The specifications for the work include the Standard
Specifications of Public Works Construction, 1997 Edition, and the 1998 and 1999 supplements
thereto, all hereafter designated “SSPWC” as issued by the Southern California Chapter of the
American Public Works Association and as amended by the special provisions sections of this
contract. Reference is hereby made to the specifications for full particulars and description of
the work.
The City of Carlsbad encourages the participation of minority and women-owned businesses.
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and
contractors to utilize recycled and recyclable materials when available and where appropriate.
The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding
when a contractor or subcontractor has been debarred by another jurisdiction in California as an
irresponsible bidder.
No bid will be received unless it is made on a proposal form furnished by the Purchasing
Department.
The documents which must be completed, properly executed, and notarized are:
1. Contractor’s Proposal
2. Non-Collusion Affidavit 3. Designation of Subcontractors
and Amount of Subcontractors
Bids
4. Certificate of Insurance
5. Bidder’s Statement of Financial
Responsibility
6. Bidder’s Statement of Technical Ability and
Experience
7. Bidder’s Statement re: Debarment
8. Bidder’s Disclosure of Discipline Record
9. The Open Market Contract-Public Works
10. Escrow Agreement for Security Deposits (optional)
All bids will be compared on the basis of the Engineer’s Estimate. The estimated quantities are
approximate and serve solely as a basis for the comparison of bids. The City’s Estimate is
$30,000.
No bid shall be accepted from a contractor who is not licensed in accordance with the
provisions of California state law. The contractor shall state their license number, expiration
date and classification in the proposal, under penalty of perjury. The following classifications
are acceptable for this contract: A and C-8.
A City of Carlsbad Business License is required for all contractors and sub contractors.
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If the Contractor intends to utilize the escrow agreement included in the contract documents in
lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later
date.
Sets of plans, special provisions, and Contract documents may be obtained at the Cashier’s
Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008- 7314, for a non-refundable fee of $ N/A per set. If plans and specifications are to be mailed,
the cost for postage should be added.
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor
irregularity or informality in such bids.
The general prevailing rate of wages for each craft or type of worker needed to execute the
Contract shall be those as determined by the Director of Industrial Relations pursuant to the
Sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor
Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The
Contractor to whom the Contract is awarded shall not pay less than the said specified
prevailing rates of wages to all workers employed by him or her in the execution of the
Contract.
The Prime Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code and Section 4100 et seq. of the Public Contracts Code, “Subletting
and Subcontracting Fair Practices Act.” The City Engineer is the City’s “duly authorized officer” for the purposes of Section 4107 and 4107.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with Section 1720 shall
apply to the Contract for work.
A pre-bid meeting and tour of the project site was held on Tuesday, June 20, 2000 at IO:00
a.m.
All bids are to be computed on the basis of the given estimated quantities of work, as indicated
in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy
between words and figures, the words shall prevail. In case of an error in the extension of a
unit price, the corrected extension shall be calculated and the bids will be computed as
indicated above and compared on the basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed
or written in with ink and must be initialed in ink by a person authorized to sign for the
Contractor.
Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of
bid.
Insurance is to be placed with insurers that have (1) a rating in the most recent Bests Key
Rating Guide of at least A-:V, and (2) are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to
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meet the specification of this contract must: (I) meet the conditions stated above for all
insurance companies and (2) cover anv vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-
scheduled. The auto insurance certificate must state the coverage is for “any auto” and cannot be limited in any manner.
Workers’ compensation insurance required under this contract must be offered by a company
meeting the above standards with the exception that the Best’s rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for
workers’ compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. Any
additional cost of said insurance shall be included in the bid price.
The award of the contract is contingent upon the Contractor submitting the required insurance
as described in the contract, within twenty days. If the contractor fails to comply with these
requirements, the City may award the contract to the second or third lowest bidder and the bid
security may be forfieted.
The prime contractor and subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract.
-
BY SUBMITTING A BID YOU ARE INDICATING THAT YOU ARE CAPABLE OF- AND WILLING
TO OBTAIN INSURANCE THAT MEETS THESE REQUIREMENTS. WORK ON THIS PROJECT
WILL NOT BEGIN UNTIL THE SUCCESSFUL BIDDER HAS SUBMITTED PROOF THAT THE
PROPER INSURANCE HAS BEEN OBTAINED. PROOF OF PROPER INSURANCE MUST BE
RECEIVED BY THE CITY WITHIN 20 BUSINESS DAYS OF NOTIFICATION OF AWARD, OR
AWARD MAY BE WITHDRAWN.
Date
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CITY OF CARLSBAD
OPEN MARKET
CONTRACT NO. POO-03A
CONTRACTOR’S PROPOSAL
City of Carlsbad
1635 Faraday Avenue
Carlsbad, California 92008-7314
The undersigned declares he/she has carefully examined the location of the work, read the
Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete
Open Market Contract No. POO-03A in accordance with the Plans and Specifications of the City
of Carlsbad, and the Special Provisions and that he/she will take in full payment therefor the
following unit prices for each item complete, to wit:
Item
No.
1.
2.
3.
Description
Tot Lot Curb
4” Sidewalk Reinforced
4” Stamped Concrete w/ 30” x 30” Grid Pattern
Approximate
Quantity
and Unit
510 L/FT
2100 SQ FT
1600 SQ FT
Unit
Price
$26.00
$4.75
$5.75
Total
$13,260
$9,975
$9,200
Approximate
Total amount of bid in words: Thirtv two thousand four hundred thirtv five dollars and no cents.
Total amount of bid in numbers: $32.435.00
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s). N/A has/have been received and is/are included in this proposal.
The Undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this
bid.
The Undersigned agrees that in case of default in executing the required Contract with necessary [ ] Bonds [applicable only if checked] and insurance polices within twenty (20) days
from the date of award of contract by the City the City may, administratively authorize the award of the contract to the second or third lowest bidder.
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The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to
do business or act in the capacity of a contractor within the State of California, validly licensed
under license number I 06~ , classification which expires on 4/o\ , and that this statement is true and
correct and has the legal effect of an affidavit.
A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the
Business and Professions Code shall be considered nonresponsive and shall be rejected by
the City. ’ 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law.
However, at the time the contract is awarded, the contractor shall be properly licensed. Public
Contract Code ’ 20104.
The Undersigned bidder hereby represents as follows:
1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to
be paid hereunder; that no representation, oral or in writing, of the City Council, its
officers, agents, or employees has inducted him/her to enter into this Contract,
excepting only those contained in this form of Contract and the papers made a part
hereof by its terms; and
2. That this bid is made without connection with any person, firm, or corporation
making a bid for the same work, and is in all respects fair and without collusion or
fraud.
The Undersigned is aware of the provisions of Section 3700 of the Labor Code which requires
every employer to be insured against liability for workers’ compensation or to undertake self-
insurance in accordance with the provisions of that code, and agrees to comply with such
provisions before commencing the performance of the work of this Contract and continue to
comply until the contract is complete.
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2,
relative to the general prevailing rate of wages for each craft or type of worker needed to
execute the Contract and agrees to comply with its provisions.
(3) Place of Business %k% (Str#t and Number)
City and State
(4) Zip Code 20z-w %o- ?WO 1/)a
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IF A PARTNERSHIP, SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname and character of partner) (Note: Signature must be
made by a general partner)
(3) Place of Business
(Street and Number)
City and State
(4) Zip Code Telephone No.
IF A CORPORATION, SIGN HERE:
(1) Name under which business is conducted #w L-evE tckzm5w~~c
Title
(3) Incorporated under the laws of the State of
(4) Place of Business &qog
City and State
‘. ‘.‘h”. - .*.. . ..,, .A
(5) ZipCode qM28 TelephoneNo. 360 -T&p fl/‘?o
NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
ATTACHED
List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: *
kune LA4-e Pres
~hvL2 v f&A-
I
set/ &&4+ I -6- 5/1 0199
DESIGNATION OF SUBCONTRACTORS
(To Accompany Proposal)
The Contractor certifies he/she has used the sub-bids of the following listed Contractors in
making up his/her bid and that the sub-contractors listed will be used for the work for which
they bid, subject to the approval of the City Engineer, and in accordance with applicable
provisions of the specifications and Section 4100 et seq. of the Public Contracts Code --
“Subletting and Subcontracting Fair Practices Act.” No changes may be made in these
subcontractors except upon the prior approval of the City Engineer of the City of Carlsbad. The
following information is required for each sub-contractor. Additional pages can be attached if required:
This project does does not X have bid items designated as “SPECIALTY ITEMS.”
Items of Work Full Companv Name
Complete Address
with Zip Code
Phone No.
& Area Code
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AMOUNT OF SUBCONTRACTORS’ BIDS
(To Accompany Proposal)
The bidder is to provide the following information on the subbids of all the listed subcontractors
as part of the sealed bid submission. Additional pages can be attached, if required.
Full Company Name
Type of State
Contracting
License & No.
Carlsbad Business
License No.*
Amount of Bid
I!§ or %)
* Licenses are renewable annually. If no valid license, indicate “NONE.” Valid license must be obtained prior to submission of signed Contracts.
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BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY
(To Accompany Proposal)
Copies of the latest Annual Report, audited financial statements or balance sheets may be
submitted under separate cover marked “CONFIDENTIAL.”
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BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
The Bidder is required to state what work of a similar character to that included in the proposed
Contract he/she has successfully performed and give references, with telephone numbers,
which will enable the City to judge his/her responsibility, experience and skill. An attachment
can be used.
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BIDDER’S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS’
LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS’ COMPENSATION
(To Accompany Proposal)
As a required part of the Bidder’s proposal the Bidder must attach either of the following to this
page.
Certificates of insurance showing conformance with the requirements herein for:
Comprehensive General Liability
Employer’s Liability Automobile Liability
Workers Compensation
Statement with an insurance carrier’s notarized signature stating that the carrier can, and upon
payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for
Comprehensive General Liability, Employer’s Liability, Automobile Liability and Workers
Compensation in conformance with the requirements herein and Certificates of insurance to the
Agency showing conformance with the requirements herein.
All certificates of insurance and statements of willingness to issue insurance for auto policies
offered to meet the specification of this contract a must: (1) meet the conditions stated in The
Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Special
Provisions for this project for each insurance company that the Contractor proposes, and (2)
cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance
certificate must state the coverage is for “any auto” and cannot be limited in any manner.
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BIDDER’S STATEMENT RE: DEBARMENT
(To Accompany Proposal)
1. Have you or any of your subcontractors ever been debarred as an irresponsible bidder by
another jurisdiction in the State of California?
yes no
2. If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two
debarments.
party debarred party debarred
agency agency
period of debarment period of debarment
BY CONTRACTOR: fw Wbh-E oez@#m-
(narHe of Contractor)
By:
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BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
Contractors are required by law to be licensed and regulated by the Contractors’ State License
Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a
patent act or omission is filed within four years of the date of the alleged violation. A complaint
regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the
date of the alleged violation. Any questions concerning a contractor may be referred to the
Registrar, Contractors’ State License board, P.O. Box 26000, Sacramento, California 95826.
1. Have you ever had your contractor’s license suspended or revoked by the California Contractors’ State license Board two or more times within an eight year period?
yes K no
2. Has the suspension or revocation of your contractors license ever been stayed?
yes no
3. Have any subcontractors that you propose to perform any portion of the Work ever had their
contractor’s license suspended or revoked by the California Contractors’ State license Board two or
more times within an eight year period?
x
yes no
4. Has the suspension or revocation of the license of any subcontractor’s that you propose to
perform any portion of the Wor ever been stayed?
IL.
yes no
5. If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party
disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the
violation and the disciplinary action taken therefor.
(Attach additional sheets if necessary)
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BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED) (To Accompany Proposal)
6. If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party
who’s discipline was stayed, the date of the violation that the disciplinary action pertains to, describe
the nature of the violation and the condition (if any) upon which the disciplinary action was stayed.
(Attach additional sheets if necessary)
BY CONTRACTOR:
$/&q w&-l= c!ejyl#d’7‘
By:
(sign here) L
(&he whik
(print name/title)
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NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
State of California > ) ss.
County of >
IDiane bhlle , being first duly sworn, deposes
(Name of Bidder)
and says that he or she is pm da&
of f&q LIE- k& &Tit’ehg&_r
(Name of km)
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation; that the bid is
genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited
any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain
from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to
fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents
thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any
corporation, partnership, company association, organization, bid depository, or to any member or
agent thereof to effectuate a collusive or sham bid.
I declare under penal
executed on the
and correct and that this affidavit was
I2000 --
Signature of Bidder
Subscribed and sworn to before me on the 3 Sk day of
(NOTARY SEAL)
OPEN MARKET CONTRACT-- PUBLIC WORKS
This agreement is made this // * day of 20 @ , by
and between the City of Carlsbad, California, a municip# corporation, (hereinafter called “City”), and Ray White Cement Companv whose principal place of business is P.O. Box 489, Fallbrook.
California 92088 (hereinafter called “Contractor”.)
City and Contractor agree as follows:
1. Description of Work. Contractor shall furnish all materials and labor to install concrete
sidewalk/curbing and flat work around the Tot-lot at Holiday Park per Plans and Specifications.
(hereinafter called “project”)
2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools,
equipment, and personnel to perform the work specified by the Open Market Contract
Documents.
3. Open Market Contract Documents. The Open Market Contract Documents consist of this
Contract, Notice Inviting Bids, Contractor’s Proposal, Designation of Subcontractors, Bidder’s
Statements of Financial Responsibility and Technical Ability, Non-collusion Affidavit, Escrow Agreement, the Plans and Specifications, the Special Provisions, and all proper amendments
and changes made thereto in accordance with this Contract or the Plans and Specifications,
and all bonds for the project; all of which are incorporated herein by this reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as
indicated, specified, and implied by the Open Market Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be
provided at the Contractor’s expense to fulfil1 the intent of said documents. In all instances
through the life of the Contract, the City will be the interpreter of the intent of the Open Market
Contract Documents, and the City’s decision relative to said intent will be final and binding.
Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of
the Contract will not relieve responsibility of compliance.
4. Payment. For all compensation for Contractor’s performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the Standard
Specifications for Public Works Construction (SSPWC) 1994 Edition, and the 1995 and 1996 supplements thereto, hereinafter designated “SSPWC”, as issued by the Southern California
Chapter of the American Public Works Association, and as amended by the Special Provisions
section of this contract. The project manager will close the estimate of work completed for
progress payments on the last working day of each month.
5. Independent Investiqation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that
may be done by Contractor, whether anticipated or not, in order to overcome underground
conditions. Any information that may have been furnished to Contractor by City about
underground conditions or other job conditions is for Contractor’s convenience only, and City
does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job
conditions, including underground conditions and has not relied on information furnished by City.
- 16- 511 o/99
6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or
other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any:
A. Hazardous Waste. Material that Contractor believes may be material that is hazardous
waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of
existing law. *
B. Differinq Conditions. Subsurface or latent physical conditions at the site differing from those
indicated.
C. Unknown Phvsical Conditions. Unknown physical conditions at the site of any unusual
nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.
City shall promptly investigate the conditions, and if it finds that the conditions do materially
so differ, or do involve hazardous waste, and cause a decrease or increase in contractor’s costs of, or the time required for, performance of any part of the work shall issue a change
order under the procedures described in this contract.
In the event that a dispute arises between City and Contractor whether the conditions
materially differ, or involve hazardous waste, or cause a decrease or increase in the
contractor’s cost of, or time required for, performance of any part of the work, contractor
shall not be excused from any scheduled completion date provided for by the contract, but
shall proceed with all work to be performed under the contract. Contractor shall retain any
and all rights provided either by contract or by law which pertain to the resolution of disputes
and protests between the contracting parties.
7. lmmiqration Reform and Control Act. Contractor certifies he is aware of the requirements of
the Immigration Reform and Control Act of 1986 (8 USC Sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the
eligibility for employment of all agents, employees, subcontractors, and consultants that are
included in this Contract.
8. Prevailinq Waqe. Pursuant to the California Labor Code, the director of the Department of
Industrial Relations has determined the general prevailing rate of per diem wages in
accordance with California Labor Code, Section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by
reference herein. Pursuant to California Labor Code, Section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job
site.
9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising
from or in connection with the performance of the Contract or work; or from any failure or
alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and
liability, howsoever the same may be caused, resulting directly or indirectly from the nature of
the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and
expenses including attorneys fees for litigation, arbitration, or other dispute resolution method.
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Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City.
Defense costs include the cost of separate counsel for City, if City requests separate counsel.
10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, his agents,
representatives, employees or subcontractors. Said insurance shall meet the City’s policy for
insurance as stated in Resolution No. 91-403.
(A) COVERAGES AND LIMIT--: Contractor shall maintain the types of coverage’s and
minimum limits indicted herein:
1. Comprehensive General Liabilitv Insurance:
$1,000,000 combined single limit per occurrence for bodily injury and property
damage. If the policy has an aggregate limit, a separate aggregate in the amounts
specified shall be established for the risks for which the City or its agents, officers or
employees are additional insureds.
2. Automobile Liabilitv Insurance:
$1,000,000 combined single limit per accident for bodily injury and property damage.
In addition, the auto policy must cover anv vehicle used in the performance of the
contract, used onsite or offsite, whether owned, non-owned or hired, and whether
scheduled or non-scheduled. The auto insurance certificate must state the coverage
is for “any auto” and cannot be limited in any manner.
3. Workers’ Compensation and Employers’ Liability Insurance:
Workers’ compensation limits as required by the Labor Code of the State of California
and Employers’ Liability limits of $1,000,000 per incident. Workers’ compensation
offered by the State Compensation Insurance Fund is acceptable to the City.
(B) ADDITIONAL PROVISIONS-- Contractor shall ensure that the policies of insurance
required under this agreement contain, or are endorsed to contain, the following
provisions. General Liability and Automobile Liability Coverage’s:
1. The City, its officials, employees and volunteers are to be covered as additional
insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned,
leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or
volunteers.
2. The Contractor’s insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by
the City, its officials, employees or volunteers shall be in excess of the contractor’s
insurance and shall not contribute with it.
3. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers.
- 18- 5/10/99
-.
4. Coverage shall state that the contractor’s insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the limits
of the insurer’s liability.
(C) “CLAIMS MADE” POLICIES-- If the insurance is provided on a “claims made” basis,
coverage shall be maintained for a period of three years following the date of completion of
the work.
(D) NOTICE OF CANCELLATION-- Each insurance policy required by this agreement shall be
endorsed to state that coverage shall not be suspended, voided, canceled, or reduced in
coverage or limits except after thirty (30) days’ prior written notice has been given to the
City by certified mail, return receipt requested.
(E) DEDUCTIBLES AND SELF-INSURED RETENTION (S.I.R.) LEVELS-- Any deductibles or
self-insured retention levels must be declared to and approved by the City. At the option
of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured
retention levels as respects the City, its officials and employees; or the contractor shall
procure a bond guaranteeing payment of losses and related investigation, claim
administration and defense expenses.
(F) WAIVER OF SUBROGATION-- All policies of insurance required under this agreement
shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees.
(G) SUBCONTRACTORS-- Contractor shall include all subcontractors as insured under its
policies or shall furnish separate certificates and endorsements for each subcontractor.
Coverages for subcontractors shall be subject to all of the requirements stated herein.
(H) ACCEPTABILITY OF INSURERS-- Insurance is to be placed with insurers that have a
rating in Bests Key Rating Guide of at least A-:V, and are authorized to transact the business of insurance by the Insurance Commissioner under the standards specified in by
the City Council in Resolution No. 91-403.
(I) VERIFICATION OF COVERAGE-- Contractor shall furnish the City with certificates of
insurance and original endorsements affecting coverage required by this clause. The
certificates and endorsements for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The certificates and
endorsements are to be in forms approved by the City and are to be received and
approved by the City before work commences.
(J) COST OF INSURANCE-- The Cost of all insurance required under this agreement shall be included in the Contractor’s bid.
11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in
accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1,
Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in the Special Provisions I section. The contractor shall initially submit all
claims over $375,000 to the City using the informal dispute resolution process described in
Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900
et seq., of the California Government Code) for any claim or cause of action for money or
damages prior to filing any lawsuit for breach of this agreement.
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(A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the
City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation.
(B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may
be considered fraud and the Contractor may be subject to criminal prosecution.
(C) Government Code. Contractor acknowledges that California Government Code sections
12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly
submits a false claim to a public entity. These provisions include false claims made with
deliberate ignorance of the false information or in reckless disregard of the truth or falsity of
the information.
(D) Penaltv Recover-v. If the City of Carlsbad seeks to recover penalties pursuant to the False
Claims Act, it is entitled to recover its litigation costs, including attorney’s fees.
(E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false
claim may subject the Contractor to an administrative debarment proceeding wherein the
Contractor may be prevented from further bidding on public contracts for a period of up to
five years.
(F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025,
3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by
reference.
(G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or
subcontractor from participating in future contract bidding.
I have read and understand all provisions of Section 11 above.
6 (Initla ) (Initial)
12. Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for
resolution of any disputes between the parties arising out of this agreement is San Diego
County, California.
13. Maintenance of Records. Contractor shall maintain and make available at no cost to the City,
upon request, records in accordance with Sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor’s principal
place of business as specified above, Contractor shall so inform the City by certified letter
accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records.
14. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with Section 1720 of
the Labor Code are incorporated herein by reference.
15. Securitv. Securities in the form of cash, cashier’s check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor
and the City may be substituted for monies withheld to ensure performance under this
Contract.
- 20 - 5/10/99
16. Provisions Required bv Law Deemed Inserted. Each and every provision of law and clause
required by law to be inserted in this Contract shall be deemed to be inserted herein and
included herein, and if, through mistake or otherwise, any such provision is not inserted, or is
not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction.
17. Additional Provisions. Any additional provisions of this agreement are set forth in the “General
Provisions” or “Special Provisions” attached hereto and made a part hereof.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
ATTACHED
(CORPORATE SEAL)
CONTRACTOR: CITY OF CARLSBAD a municipal corporation of the State of California
Rav White Cement Company
(name of Contractor)
By:
(sign here)
By:
(print name and title)
(sigfihere)
WOOD, City Clerk
c Te- (print name and title) Y
-2l- 5/10/99
Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution
certified by the secretary or assistant secretary under corporate seal empowering the officer(s)
signing to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
~ti&izG-
.
- 22 - 5110199
JEANNEL BOWR t cZornmWcn-1#1132308 H Notary Public - CaUfornia 2
56 ersonally known to me
Cl proved to me on the basis of satisfactory evidence
whose name(,$) subscribed to the
within instrumen acknowledged to me that hwthey
executed the same in hisetheir authorized capacity(fkS,
and that by hi&their signature@) on the instrument the
person.&), or the entity upon behalf of which the person(d)
acted, executed the instrument.
WITNESS my hand and official seal.
,
Signature of Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than N
Number of Pages: p3(
Capacity(ies) Claimed by Signer(s)
Signer’s Name:
q Individual
J8Corporate Officer
Title(s): frc&d-en;t
Cl Partner - q Limited Cl General
0 Attorney-in-Fact
Cl Trustee
III Guardian or Conservator
Cl Other:
Signer Is Representing:
Top of thumb here
‘.
Signer’s Name:
Cl Individual
0 Corporate Officer
Title(s):
0 Partner - 0 Limited q General
q Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
Top of thumb here
Q 1996 National Notary Association - 6236 Remmet Ave., P.O. Box 7164 l Canoga Park, CA91309-7164 Prod. No. 5907 Reorder: Call Toll-Free 1-600-676-6627
OPTIONAL
ESCROW AGREEMENT FOR SECURITY
DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the City of Carlsbad whose
address is 1635 Faraday Avenue, Carlsbad, California, 92008-7314, hereinafter called “City”
and whose address
is hereinafter
called “Contractor” and whose
address is hereinafter
called “Escrow Agent.”
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as
follows:
1.
2.
3.
4.
Pursuant to Section 22300 of the Public Contract Code of the State of California, the
contractor has the option to deposit securities with the Escrow Agent as a substitute for
retention earnings required to be withheld by the City pursuant to the Construction
Contract entered into between the City and Contractor for
in the amount of dated
(hereinafter referred to as the “Contract”). Alternatively, on written request of the contractor, the City shall make payments of the retention earnings directly to the escrow
agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The market value of
the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and
Contractor. Securities shall be held in the name of the , and shall designate the Contractor as the beneficial owner.
The City shall make progress payments to the Contractor for such funds which otherwise
would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above.
When the City makes payment of retentions earned directly to the escrow agent, the
escrow agent shall hold them for the benefit of the contractor until such time as the escrow created under this contract is terminated. The contractor may direct the investment of the
payments into securities. All terms and conditions of this agreement and the rights and
responsibilities of the parties shall be equally applicable and binding when the City pays
the escrow agent directly.
The contractor shall be responsible for paying all fees for the expenses incurred by the
Escrow Agent in administering the Escrow Account and all expenses of the City. These
expenses and payment terms shall be determined by the City, Contractor and Escrow
Agent.
-23 - 5/ 1 o/99
6.
8.
The interest earned on the securities or the money market accounts held in escrow and all
interest earned on that interest shall be for the sole account of Contractor and shall be
subject to withdrawal by Contractor at any time and from time to time without notice to the
City.
Contractor shall have the right to withdraw all or any part of the principal in the Escrow
Account only by written notice to Escrow Agent accompanied by written authorization from
City to the Escrow Agent that City consents to the withdrawal of the amount sought to be
withdrawn by Contractor.
The City shall have a right to draw upon the securities in the event of default by the
Contractor. Upon seven days’ written notice to the Escrow Agent from the City of the
default, the Escrow Agent shall immediately convert the securities to cash and shall
distribute the cash as instructed by the City.
Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures
applicable to the Contract, the Escrow Agent shall release to Contractor all securities and
interest on deposit less escrow fees and charges of the Escrow Account. The escrow
shall be closed immediately upon disbursement of all moneys and securities on deposit
and payments of fees and charges.
The Escrow Agent shall rely on the written notifications from the City and the contractor
pursuant to Sections (4) to (6) inclusive, of this agreement and the City and Contractor
shall hold Escrow Agent harmless from Escrow Agents release, conversion and
disbursement of the securities and interest as set forth above.
The names of the persons who are authorized to give written notices or to receive written
notice on behalf of the City and on behalf of Contractor in connection with the foregoing,
and exemplars of their respective signatures are as follows:
For City:
For Contractor:
For Escrow Agent:
Title
Name
Signature
Address
Title
Name
Signature
Address
Title
Name
Signature
Address
At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow
Agent a fully executed counterpart of this Agreement.
- 24 - 5/I o/99
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on
the date first set forth above.
For City: Title
Name
Signature
Address
For Contractor:
For Escrow Agent:
Title
Name
Signature
Address
Title
Name
Signature
Address
- 25 - 5/10/99
.-
SPECIAL PROVISIONS
FOR
HOLIDAY PARK TOT LOT IMPROVEMENTS
CONTRACT NO. POO-03A
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART 1, GENERAL PROVISIONS
SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS
l-l TERMS
Add the following section:
l-l .I Reference to Drawings. Where words “shown , ” “indicated”, “detailed”, “noted”, “scheduled”,
or words of similar import are used, it shall be understood that reference is made to the plans
accompanying these provisions, unless stated otherwise.
Add the following section:
l-l .2 Directions. Where words “directed”, “designated”, ” selected”, or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended,
unless stated otherwise. The word “required” and words of similar import shall be understood to mean “as required to properly complete the work as required and as approved by the Engineer,”
unless stated otherwise.
Add the following section:
l-l.3 Equals and Approvals. Where the words “equal”, “approved equal”, “equivalent”, and such
words of similar import are used, it shall be understood such words are followed by the expression
“in the opinion of the Engineer”, unless otherwise stated. Where the words “approved”, “approval”,
“acceptance”, or words of similar import are used, it shall be understood that the approval,
acceptance, or similar import of the Engineer is intended.
Add the following section:
l-l .4 Perform. The word “perform” shall be understood to mean that the Contractor, at its
expense, shall perform all operations, labor, tools and equipment, and further, including the
furnishing and installing of materials that are indicated, specified or required to mean that the
Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation.
l-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively
defined by the definitions assigned to them herein.
Agency - the City of Carlsbad, California.
City Council - the City Council of the City of Carlsbad.
City Manager - the City Manager of the City of Carlsbad or his/her approved representative.
Dispute Board - persons designated by the City Manager to hear and advise the City Manager on claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute
resolution.
-26- 5/1 o/99
- Engineer - the City Engineer of the City of Carlsbad or his/her approved representative. The City
Engineer is the third level of appeal for informal dispute resolution.
Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Contract Price bid.
Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired,
directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further,
such employees have their employment taxes, State disability insurance payments, State and
Federal income taxes paid and administered, as applicable, by the Contractor. When used in
Section 2-3.1 “own organization” means construction equipment that the Contractor owns or leases
and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an
operator is not part of the Contractor’s Own Organization and will not be included for the purpose of compliance with section 2-3.1 of the Standard Specifications and these Special Provisions.
Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided
who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee of the Agency or a public utility.
Principal Inspector - The Senior Inspector’s immediate supervisor and second level of appeal for
informal dispute resolution.
Project Inspector - the Engineer’s designated representative for inspection, contract administration
and first level for informal dispute resolution.
Project Manager - the Public Works Manager/General Services of the City of Carlsbad or his/her approved representative.
Senior Inspector -the Project Inspector’s immediate supervisor and first level of appeal for informal
dispute resolution.
SECTION 2 -- SCOPE AND CONTROL OF THE WORK
2-3 SUBCONTRACTS.
2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring
the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of
the value of the work performed in excess of 50 percent of the contract price by other than the Contractor’s own organization. The City Council shall be the sole body for determination of a
violation of these provisions. In any proceedings under this section, the prime contractor shall be
entitled to a public hearing before the City Council and shall be notified ten (10) days in advance of
the time and location of said hearing. The determination of the City Council shall be final.
- 27 - 5110199
2-5.1 General, add the following: The specifications for the work include the Standard
Specifications for Public Works Construction, (SSPWC), 1997 Edition, and the 1998 and 1999
supplements thereto, hereinafter designated “SSPWC”, as issued by the Southern California
Chapter of the American Public Works Association, and as amended by the Special Provisions
section of this contract.
The construction plans consist of one set. The set is designated as City of Carlsbad Drawing for Holiday Park. The standard drawings used for this project are the latest edition of the San Diego
Area Regional Standard Drawings, hereinafter designated SDRS, as issued by the San Diego
County Department of Public Works, together with the City of Carlsbad Supplemental Standard
Drawings.
2-5.3.3 Submittals, add the following: When submitted for the Engineer’s review, Shop Drawings
shall bear the Contractor’s certification that he has reviewed, checked, and approved the Shop
Drawings and that they are in conformance with the requirements of the Contract Documents. The
Contractor shall subscribe to and shall place the following certification on all submittals:
“I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in
the allocated spaces, and is submitted for approval.
By: Title:
Date:
Company Name:
Add the following:
2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete “as-built’
record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact “as-built” locations, sizes and kinds of equipment,
underground piping, valves, and all other work not visible at surface grade. Prints for this purpose
may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be
used only as a record set and shall be delivered to the Engineer upon completion of the work.
Payment for performing the work required by section 2-5.4 shall be included in various bid items and
no additional payment will be made therefor.
2-10 AUTHORITY OF BOARD AND ENGINEER
Add the following section:
2-l 0.1 Availability of Records, The Contractor shall provide copies of all records in the
Contractor’s or subcontractor’s possession pertaining to the work that the Engineer may request.
Add the following section:
2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the
Engineer, within San Diego County, accurate books and accounting records relative to all its
activities. The Engineer shall have the right to monitor, assess, and evaluate Contractor’s
performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include,
but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews
of Contractor’s staff. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer
- 28 - 5/I o/99
_- for examination, all of its records with respect to all matters covered by this Contract and will permit
the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records,
and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating
to all matters covered by this Contract. However, any such activities shall be carried out in a manner
so as to not unreasonably interfere with Contractor’s ongoing business operations. Contractor shall
maintain such data and records for as long as may be required by applicable laws and regulations.
SECTION 3 -- CHANGES IN WORK
3-3 EXTRA WORK.
3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in a minor
Bid Item, the use of this basis for the adjustment of payment will be limited to that portion of the
change, which together will all previous changes to that item is not in excess of 25 percent of the total cost of such item based on the original quantity and Contract Unit Price. Adjustments in excess
of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work.
3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of
ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs
shall be the edition of the, “Labor Surcharge & Equipment Rental Rates” published by CALTRANS,
current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein
shall be used as multipliers of the rental rates for determining the value of costs for delay to the
Contractor and subcontractors, if any, The labor rates published therein are not a part of this
contract.
- 3-3.2.3 Markup, Delete section 3-3.2.3 from the 1995 and 1996 Supplements to the SSPWC and
replace with the following:
(a) Work by Contractor. The following percentages shall be added to the Contractors costs
and shall constitute the markup for all overhead and profits:
I> Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..,. . . 20
2) Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
3) Equipment Rental . . . . . . . . . . . . . . . . . . . 15
4) Other Items and Expenditures . . 15
(b) Work by Subcontractor. When all or any part of the extra work is performed by a
Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor’s actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the
extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted
portion of the extra work may be added by the Contractor.
3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for
extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer.
3-4 CHANGED CONDITIONS. delete the second sentence of paragraph three, delete paragraph
five (5) and add the following: The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a
change order, or for the happening of any event, thing, occurrence, or other cause, unless he shall
have first given the Engineer due written notice of potential claim as hereinafter specified.
Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6- 7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or
- 29 - 5/l o/99
_- errors of computation as to contract quantities. The written notice of potential claim for changed
conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor’s failure
to give written notice of potential claim for changed conditions to the agency upon their discovery
and before they are disturbed shall constitute a waiver of all claims in connection therewith.
The Contractor shall provide the City with a written document containing a description of the
particular circumstances giving rise to the potential claim, the reasons for which the Contractor
believes additional compensation may be due and nature of any and all costs involved within 20
working days of the date of service of the written notice of potential claim for changed conditions.
Verbal notifications are disallowed.
The potential claim shall include the following certification relative to the California False Claims Act,
Government Code Sections 12650-l 2655.
“The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-12655. The undersigned further understands
and agrees that this potential claim, unless resolved, must be restated as a claim in response to the
City’s proposed final estimate in order for it to be further considered.”
The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor
shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim
subsequently filed on the basis of said notice of potential claim.
,- It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such
matters be settled, if possible, or other appropriate action promptly taken.
3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written notice of
potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a
waiver of all claims in connection therewith.
Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute
resolution pursuant to Public Contract Code (PCC) provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of
command:
1. Project Inspector
2. Senior Inspector
3. Principal Inspector
4. City Engineer
5. City Manager
The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all
documentation supporting the costs and all other evidentiary materials. At each level of claim or
appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review
the Contractor’s report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the
City will provide its position within 10 working days of receipt of said additional information or
Contractor’s presentation of its report. The Contractor may appeal each level’s position up to the City
Manager after which he may proceed under the provisions of the Public Contract Code.
- 30 - 5/l o/99
The authority within the dispute resolution chain of command is limited to recommending a resolution
to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions
in the contract.
All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures
in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section
20104) which is set forth below:
ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS
20104. (a)(l) This article applies to all public works claims of three hundred seventy-five thousand
dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a
public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2.
(b)(l) “Public work” has the same meaning as in Sections 3100 and 3106 of the Civil Code, except
that “public work” does not include any work or improvement contracted for by the state or the
Regents of the University of California. (2) “Claim” means a separate demand by the contractor for (A) a time extension, (B) payment of
money or damages arising from work done by, or on behalf of, the contractor pursuant to the
contract for a public work and payment of which is not otherwise expressly provided for or the
claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local
agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article.
(d) This article applies only to contracts entered into on or after January 1, 1991.
20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim.
Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to
extend the time limit or supersede notice requirements otherwise provided by contract for the filing of
claims.
(b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in
writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30
days of receipt of the claim, any additional documentation supporting the claim or relating to
defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency’s written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no
greater than that taken by the claimant in producing the additional information, whichever is greater.
(c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred
seventy-five thousand dollars ($375,000) the local agency shall respond in writing to all written
claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the
local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency’s written response to the claim, as further documented, shall be submitted to
the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater.
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(d) If the claimant disputes the local agency’s written response, or the local agency fails to respond
within the time prescribed, the claimant may so notify the local agency, in writing, either within 15
days of receipt of the local agency’s response or within 15 days of the local agency’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and
confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a
meet and confer conference within 30 days for settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any portion remains in dispute, the
claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For
purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a)
until the time that claim is denied as a result of the meet and confer process, including any period of
time utilized by the meet and confer process.
(f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division
3.6 of Title 1 of the Government Code.
20104.4. The following procedures are established for all civil actions filed to resolve claims subject
to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties.
The mediation process shall provide for the selection within 15 days by both parties of a
disinterested third person as mediator, shall be commenced within 30 days of the submittal, and
shall be concluded within 15 days from the commencement of the mediation unless a time
requirement is extended upon a good cause showing to the court or by stipulation of both parties. If
the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator.
(b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure,
notwithstanding Section 1141 .I 1 of that code. The Civil Discovery Act of 1986 (Article 3
(commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial
arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed
for purposes of this article shall be experienced in construction law, and, upon stipulation of the
parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties,
except in the case of arbitration where the arbitrator, for good cause, determines a different division.
In no event shall these fees or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141 .lO) Title 3 of Part 3 of the Code of Civil
Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter,
pay the attorney’s fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process.
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed
except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any
arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court
of law.
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SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP.
4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Contractor shall furnish Engineer with such
information as may be necessary to keep the Engineer fully informed regarding progress and
manner of work and character of materials. Inspection or testing of the whole or any portion of the
work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfil1
this Contract.
4-1.4 Test of Materials, add the following: Except as specified in these Special Provisions, the Agency will bear the cost of testing materials and/or workmanship where the results of such tests
meet or exceed the requirements indicated in the Standard Specifications and the Special
Provisions. The cost of all other tests shall be borne by the Contractor.
At the option of the Engineer, the source of supply of each of the materials shall be approved by him
before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that
sources of supply that have been approved do not furnish a uniform product, or if the product from
any source proves unacceptable at any time, the Contractor shall furnish approved material from
other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the
project site all at the Contractor’s expense.
Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any
place along the work as deemed necessary by the Engineer. The costs of any retests made
necessary by noncompliance with the specifications shall be borne by the Contractor.
4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the
satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution
is determined to be unsatisfactory in performance, durability, compatibility with associated items,
availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency.
SECTION 5 -- UTILITIES
5-l LOCATION. Add the following: The Agency and affected utility companies have, by a search
of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the
limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of
utilities indicated on the Plans is not guaranteed.
5-4 RELOCATION. Add the following: In order to minimize delays to the Contractor caused by the
failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon
request to the Engineer, may be permitted to temporarily omit the portion of work affected by the
utility. Such omission shall be for the Contractor’s convenience and no additional compensation will be allowed therefor. The portion thus omitted shall be constructed by the Contractor immediately
following the relocation of the utility involved unless otherwise directed by the Engineer.
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SECTION 6 -- PROSECUTION, PROGRESS AND
ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete subsection 6-l
and substitute the following: The Contractor shall begin work within 10 calendar days after
receipt of the “Notice to Proceed”.
Add the following section:
6-I .I PreConstruction Meeting. After, or upon, notification of contract award, the Engineer will
set the time and location for the Preconstruction Meeting. Attendance of the Contractor’s
management personnel responsible for the management, administration, and execution of the
project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor’s responsible project personnel attend the Preconstruction Meeting will be grounds for
default by Contractor per section 6-4. No separate payment will be made for the Contractor’s
attendance at the meeting. The notice to proceed will only be issued on or after the completion of
the preconstruction meeting.
Add the following section:
6-1 .I .I Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline
Construction Schedule per the submittal requirements of section 2-5.3.
Add the following section:
6-1.2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency
supplied materials, equipment, or services, which may impact any activity’s construction shall be
shown as a restraint to those activities. Time periods to accommodate the review and correction of submittals shall be included in the schedule.
Add the following section:
6-l .2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer
than the specified contract duration will not be acceptable and will be grounds for default by
Contractor, per section 6-4.
Add the following section:
6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor’s plan to
support and maintain the project for the entire contractual timespan of the project. Should the Contractor propose a project duration shorter than contract duration, a complete Baseline
Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of section 6-l. The Engineer may choose to accept the Contractor’s
proposal of a project duration shorter than the duration specified; provided the Agency is satisfied
the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities,
public and private, which interface with the project are able to support the provisions of the shortened
Baseline Construction Schedule. The Agency’s acceptance of a shortened duration project will be confirmed through the execution of a contract change order revising the project duration and
implementing all contractual requirements including liquidated damages in accordance with the
revised duration.
Add the following section:
6-l .2.10 Engineer’s Review. The Construction Schedule is subject to the review of the Engineer.
The Engineer’s determination that the Baseline Construction Schedule proposed by the Contractor
complies with the requirements of these special provisions shall be a condition precedent to
issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction
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Schedule does not meet the requirements of these specifications the Contractor shall correct the
Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the
Contractor to obtain the Engineer’s determination that the initial Construction Schedule proposed by
the Contractor complies with the requirements of these special provisions within thirty (30) working
days after the date of the preconstruction meeting shall be grounds for termination of the contract per section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be
included in the 30 working days.
The Engineer will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned
marked as per sections 6-l .2.10.1 through 6-l .2.10.3.
Add the following section:
6-1.2.10.1 “Accepted.” The Contractor may proceed with the project work upon issuance of the
Notice to Proceed, and will receive payment for the schedule in accordance with section 6-l .8.1.
Add the following section:
6-l .2.10.2 “Accepted with Comments.” The Contractor may proceed with the project work upon
issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the
comments prior to receipt of payment per section 6-l .8.1.
Add the following section:
6-1.2.10.3 “Not Accepted.” The Contractor must resubmit the schedule incorporating the
corrections and changes of the comments prior to receipt of payment per section 6-l .8.1. The Notice
to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as
required hereinbefore and marked “Accepted” or “Accepted with Comments” by the Engineer. The
Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract
under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbefore and marked “Accepted” by the Engineer.
Add the following section:
6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed during the month. After first reporting an actual date, the Contractor shall not change that actual date in
later updates without specific notification to the Engineer with the update.
Add the following section:
6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month, the
Contractor shall report the percentage determined by the Engineer as complete for the activity.
Add the following section:
6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting logic,
with an explanation for each change.
Add the following section:
6-1.3.5 Change Orders, Each monthly update will include the addition of the network revisions
reflecting the change orders approved in the previous month. The network revisions will be as agreed upon during the review and acceptance of the Contractor’s change orders.
Add the following section:
.- 6-1. 4 Engineer’s Review of Updated Construction Schedule. The Engineer will review and
return the Updated Construction Schedule to the Contractor, with any comments, within 5 working
days of submittal. The Updated Construction Schedule will be returned marked as per sections 6-
1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked “Accepted with Comments” or
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“Not Accepted” by the Engineer will be returned to the Contractor for correction. Upon resubmittal the
- Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor, with any comments, within 5 working days. Failure of the Contractor to submit a monthly updated
construction schedule will invoke the same consequences as the Engineer returning a monthly updated construction schedule marked “Not Accepted”.
Add the following section:
6-l .4.1 “Accepted.” The Contractor may proceed with the project work, and will receive payment
for the schedule in accordance with section 6-l .8.2.
Add the following section:
6-l .4.2 “Accepted with Comments.” The Contractor may proceed with the project work. The
Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the
corrections and changes noted in the Engineer’s comments prior to receipt of payment per section
6-l .8.2.
Add the following section:
6-1.4.3 “Not Accepted.” The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer’s comments prior to
receipt of payment per section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of section 6-4 DEFAULT BY
CONTRACTOR if the changes of the comments are not submitted and marked “Accepted” by the
Engineer before the last day of the month in which the Updated Construction Schedule is due. If the
Contractor fails to submit the corrected Updated Construction Schedule as required herein the
Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to proceed with the project, any resulting delay, impact, or disruption to the project will be the
Contractor’s responsibility.
Add the following section:
6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion
or contractually required milestone date later than the properly adjusted contract or milestone duration, the Agency may withhold Liquidated Damages for the number of days late. Should a
subsequent “Accepted” Schedule Update remove all or a portion of the delay, all or the allocated
portion of the previously held Liquidated Damages shall be released in the monthly payment to the
Contractor immediately following the “Accepted” schedule.
Add the following section:
6-l .6 Interim Revisions. Should the actual or projected progress of the work become
substantially different from that depicted in the Project Schedule, independently of and prior to the
next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list
and explanation of each change made to the schedule. The Revised Construction Schedule will be
submitted per the submittal requirements of section 2-5.3 and per the schedule review and
acceptance requirements of section 6-1, including but not limited to the acceptance and payment
provisions.
,I
Add the following section:
6-l. 7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update
when one hundred percent of the construction work is completed. The Contractor’s Final Schedule
Update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed per sections 6-1.3 Preparation of Schedule Updates and Revisions and
6-l. 4 Engineer’s Review of Updated Construction Schedule. Acceptance of the final schedule
update is required for completion of the project and release of any and all funds retained per section 9-3.2.
-36- 5/10/99
- Add the following section:
6-I .8.2 Monthly Updated Construction Schedule Payments. Monthly Updated Construction
Schedule Payments of N/A dollars will be made subsequent to the initial payment for the Construction Schedule for each monthly Construction Schedule, updated as required herein, that the
Engineer has accepted as sufficient within the month that the monthly progress payment pertains.
No payment shall be made, nor shall any payment accrue, for any monthly updated construction
schedule that is not marked “Accepted” by the Engineer on or before the twentieth working day of the
month such monthly updated construction schedule is due per section 6-l .3 Preparation of
Schedule Updates and Revisions. The sum of the amounts paid for Construction Schedule during the initial and subsequent payment periods, or extensions to the contract, shall not exceed the
stipulated lump sum price for Construction Schedule.
Add the following section:
6-1.1 Measurement And Payment Of Construction Schedule. The Contractor’s preparation,
revision and maintenance of the Construction Schedule are incidental to the work and no separate
payment will be made therefor.
6-2 PROSECUTION OF WORK.
Add the following section:
6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the
Project Plans and as specified in the Specifications. The work includes concrete sidewalk
improvements at Holiday Park Tot Lot.
.T- Add the following section:
6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project
Meetings. Each Project Meeting shall be attended by the Contractor’s Representative. The Project
Representative shall be the individual determined under section 7-6, “The Contractor’s
Representative”, SSPWC. No separate payment for these meetings will be made.
6-6 DELAYS AND EXTENSIONS OF TIME.
6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written notice
to the Engineer within two hours of the beginning of any period that the Contractor has placed any
workers or equipment on standby for any reason that the Contractor has determined to be caused by
the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor
shall provide continuing daily written notice to the Engineer, each working day, throughout the
duration of such period of delay. The initial and continuing written notices shall include the
classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor’s opinion of the cause of
the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefor.
6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work to completion within 30 working days after the starting date specified in the Notice to
Proceed.
.-
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6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Engineer, - the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through
Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer
if the Contractor desires to work outside said hours or at any time during weekends and/or holidays.
This written permission must be obtained at least 48 hours prior to such work The Engineer may
approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall
pay the inspection costs of such work.
6-8 COMPLETION AND ACCEPTANCE. Add the following: All work shall be warranted for one
(1) year after recordation of a “Notice of Completion” and any faulty work or materials discovered
during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-
five percent of the faithful performance bond shall be retained as a warranty bond for the one year
warranty period.
6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first sentence
of the second paragraph and add the following: For each consecutive calendar day in excess of
the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shall
pay the Agency, or have withheld monies due it, the sum of FIVE HUNDRED Dollars ($500.00).
Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per
day is the minimum value of costs and actual damages caused by the Contractor to complete the
Work within the allotted time. Any progress payments made after the specified completion date shall
not constitute a waiver of this paragraph or of any damages.
SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR
7-3 LIABILITY INSURANCE. Add the following: All insurance is to be placed with insurers that
have a rating in Bests Key Rating Guide of at least A-:V and are admitted and authorized to conduct
business in the state of California and are listed in the official publication of the Department of Insurance of the State of California.
7-4 WORKERS’ COMPENSATION INSURANCE. Add the following: All insurance is to be placed
with insurers that are admitted and authorized to conduct business in the state of California and are
listed in the official publication of the Department of Insurance of the State of California. Policies
issued by the State Compensation Fund meet the requirement for workers’ compensation insurance.
7-5 PERMITS. Modify the first sentence to read: Except as specified herein the agency will
obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, and building permits
necessary to perform work for this contract on Agency property, in streets, highways (except State highway right-of-way), railways or other rights-of-way. Contractor shall not begin work until all
permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in
the price bid for the appropriate bid item and no additional compensation will be allowed therefor.
- 38 - 511 o/99
7-7 COOPERATION AND COLLATERAL WORK.
Add the following section:
7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies
during the relocation or construction of their lines. The Contractor may be granted a time extension
if, in the opinion of the Engineer, a delay is caused by the utility company. No additional
compensation will be made to the Contractor for any such delay.
7-8 PROJECT SITE MAINTENANCE.
7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein
shall also be executed on weekends and other non-working days when needed to preserve the
health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust
control throughout the duration of the Contract. The Engineer may require increased levels of
cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety
and welfare of the public. Cleanup and dust control shall be considered incidental to the items of
work that they are associated with and no additional payment will be made therefor.
7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a
construction meter for water used for the construction, plant establishment, maintenance, cleanup,
testing and all other work requiring water related to this contract. The Contractor shall contact the
appropriate water agency for requirements.
The Contractor shall pay all costs of temporary light, power and water including hookup, service,
meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made
therefor.
Add the following section:
7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped
with mufflers in good repair when in use on the project with special attention to the City Noise Control
Ordinance, Carlsbad Municipal Code Chapter 8.48.
7-10 PUBLIC CONVENIENCE AND SAFETY.
740.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in
accordance with the plans, Chapter 5 of the California Department of Transportation “Manual of Traffic Controls,” 1996 edition and these Special Provisions. If any component in the traffic control
system is displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition
or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings,
delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($20.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is
the greater.
Add the following section:
7-10.3.1 Construction Area Signs. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed, maintained and
removed by the Contractor when no longer required. Care shall be used in performing excavation for
signs in order to protect underground facilities. Warning and advisory signs that remain in place
- 39 - 5/10/99
overnight shall be stationary mounted signs. Stationary signs that warn of non-existant conditions
shall be removed from the travelled way or shielded from the view of the travelling public during such
periods that their message does not pertain to existing conditions. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power
equipment. Warning and advisory signs that are used only during working hours may be portable
signs. Portable signs shall be removed from the travelled way and shielded from the view of the
travelling public during non-working hours.
During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code,
portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in Section 12-3.06B, “Portable Signs”, of the CALTRANS Standard Specifications; or
Reflexite vinyl microprism reflective sheeting signs; or 3M high intensity reflectorized sheeting on
aluminum substrate signs of Seibulite Brand Ultralite Grade Series, encapsulated lens retroreflective
sheeting signs; or equal.
Stationary mounted signs used for traffic control during construction of the Work shall be installed on
break-away sign posts as shown on SDRS drawing M-45 or on wood posts in the same manner
shown on CALTRANS Standard Plans RS 1, RS 2, RS 3 and RS 4 for installation of roadside signs,
except as follows:
(a) Back braces and blocks for sign panels will not be required. (b) The height to the bottom of the sign panel above the edge of traveled way shall be at least
2.1 m.
(c) Construction area sign posts may be installed on above ground temporary platform sign
supports as approved by the Engineer, or the signs may be installed on existing lighting standards or
other supports as approved by the Engineer.
(d) When construction area signs are installed on existing lighting standards, holes shall not be
made in the standards to support the sign.
(e) The post embedment shall be 0.8-m if post holes are backfilled around the posts with 500-C-
2500 concrete.
(f) When break-away sign posts (SDRS M-45) are used one post shall be provided for each 0.48 square meters of sign area.
For wood posts post size and number of posts shall be as shown on CALTRANS Standard Plan RS
2. Lumber for wood posts shall be as for sight posts.
Sign panels for stationary mounted signs shall conform to the requirements of Section 206-7,
“Reflective Sheeting Aluminum Signs”, and the following:
(a) All rectangular sheet aluminum signs over 1375 mm measured along the horizontal axis, and all diamond-shaped sheet aluminum signs 1500 mm and larger shall be framed unless otherwise
specified.
(b) Frames shall be constructed in accordance with “Framing Details for Sheet Aluminum Signs,”
Sheets 1 through 4 and Table 1 on Sheet 5, as published by CALTRANS. (c) Sign panel fastening hardware shall be commercial quality.
Each portable sign shall consist of a base, standard or framework and a sign panel. The units shall
be capable of being delivered to the site of use and placed in immediate operation. Sign panels for
portable signs shall conform to the requirements of sign panels for stationary mounted signs in 206- 7, “Reflective Sheeting Aluminum Signs”, or shall be Type IV reflective sheeting, cotton drill fabric, flexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be used during the
hours of darkness. Size, color, and legend requirements for portable signs shall be as described for
stationary mounted sign panels in Section 206-7, “Reflective Sheeting Aluminum Signs”. The height
to the bottom of the sign panel above the edge of traveled way shall be at least 0.3 m. All parts of
the sign standard or framework shall be finished with 2 applications of an orange enamel which will match the color of the sign panel background. Testing of paint will not be required. If portable signs
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are displaced or overturned, from any cause, during the progress of the work, the Contractor shall
immediately replace the signs in their original locations.
Add the following section:
7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of
Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall
erect and properly maintain at all times, as required by the conditions and progress of the work, all
necessary safeguards for the protection of workers and public, and shall use danger signs warning
against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials.
7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work
include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible
materials, such as borrow pits or gravel beds, for use in the proposed construction project which
would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions
established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of
the contract.
SECTION 9 - MEASUREMENT & PAYMENT
9-3 PAYMENT.
93.2 Partial and Final Payment. Modify the second paragraph as follows: Each month, the - Engineer will make an approximate measurement of the work performed to the closure date as
basis for making monthly progress payments. The estimated value will be based on contract unit
prices, completed change order work and as provided for in Section 9-2 of the Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days
after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for his information. Should the
Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate
justification supporting the amount of supplemental payment request. Upon receipt of the
supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine
whether the supplemental payment request is a proper payment request. If the Engineer
determines that the supplemental payment request is not proper, then the request shall be returned
to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The
returned request shall be accompanied by a document setting forth in writing the reasons why the
supplemental payment request was not proper. In conformance with Public Contract Code Section
20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the
undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in
subdivision (a) of Section 685.010 of the Code of Civil Procedure.
-41- 5/10/99
9-3.2 Partial and Final Payment. Modify the third paragraph as follows: The Agency shall
retain 10 percent of such estimated value of the work done and 10 percent of the value of materials
so estimated to have been furnished and delivered and unused or furnished and stored as
aforesaid as part security for the fulfillment of the contract by the Contractor, except that at any time
after 20 percent of the work has been completed, if the Engineer finds that satisfactory progress is
being made, the Agency may reduce the total amount being retained from payment pursuant to the
above requirements to 5 percent of the total estimated value of said work and materials and may
also reduce the amount retained from any of the remaining partial payments to 5 percent of the
estimated value of such work and materials. In addition, on any partial payment made after 95
percent of the work has been completed, the Agency may reduce the amount withheld from payment pursuant to the requirements of this Section to such lesser amounts as the Engineer determines is adequate security for the fulfillment of the balance of the work and other requirements
of the contract, but in no event will said amount be reduced to less than 125 percent of the
estimated value of the work yet to be completed as determined by the Engineer. Such reduction will
only be made upon the written request of the Contractor and shall be approved in writing by the
surety on the Performance Bond and by the surety on the Payment Bond. The approval of the
surety shall be submitted to the Engineer; the signature of the person executing the approval for the
surety shall be properly acknowledged and the power of attorney authorizing him to give such
consent must either accompany the document or be on file with the Agency.
9-3.2 Partial and Final Payment. Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate
will be in writing and shall be for the total amount owed the Contractor as determined by the
Engineer and shall be itemized by the contract bid item and change order item with quantities and - payment amounts and shall show all deductions made or to be made for prior payments and
amounts to be deducted under provisions of the contract. All prior estimates and progress payments
shall be subject to correction in the Final Payment Estimate.
The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make
written statement disputing any bid item or change order item quantity or payment amount. The
Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the
time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items.
If the Contractor submits a written statement with documentation in the aforementioned time, the
Engineer will review the disputed item within 30 calendar days and make any appropriate
adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the
Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the
basis and amount of said claims. The Engineer will consider and determine the Contractor’s claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for
denying the claims.
- 42 - 5/l o/99
-
9-3.2.1 Payment for Claims. Add the following: Written statement shall be submitted to the
Agency within 30 calendar days of receipt of Final Payment for all claims for the entire project. No claim will be considered that was not included in this written statement, nor will any claim be allowed
for which written notice or protest is required under any provision of this contract including sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written
Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the
basis and amount of said claims. The Engineer will consider and determine the Contractor’s claims
and it will be the responsibility of the Contractor to furnish within a reasonable time such further
information and details as may be required by the Engineer to determine the facts or contentions
involved in its claims. Failure to submit such information and details will be sufficient cause for
denying the claims.
Payment for claims shall be processed within 30 calendar days of receipt of the written statement or
further information, whichever is longer, for those claims approved by the Engineer. The Contractor
shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those claims
remaining in dispute.
Add the following section: 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated
into the work will not be included in the progress estimate.
Add the following section:
g-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory work will
be included in the various items of work and no other payment will be made.
-43 - 5/10/99
'.
ARM of California
Post Insurance Services
2356 Torrance Blvd.
Torrance, CA 90501 LETFB~ A- United Pqpific Insurance CO.
NSURED
Ray White Cement
P.O. Box 489
Fallbrook CA 92088 c
COMPANY
L8lTRR B
COMPANV
LtTtTER C
COMPANY
LEITBR D
COMPANY
LeTTER E
G.;. >.-- .-I;+’
HIS IS TO cERT,W THAT THE POLlcltJS OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THB D’ISDRBD NAMBD ABOVE FOR THE POLICY PERIOD ,DlCATED. NOTWlTtLSFANDINC A,w REQUIREMENF. TERM OR CONDITION OF ANY COhTRACT OR OTtIER DOCUhIEtfF WIT11 RF.SPEff TO WtiICIi TtilS
:ERTi”CATR MAY BB ISSUED OR MAY PERTAIN. THE INSURANCE AFFORJ,ED BY THE PQLICIRS DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
:XCLUSIONS &ND COMITIONS OFSUCII POLlCItk LIhHTBSIlOWN MAY IIAVB BEEN REDUCED BY PAID CLAII
TYPE OF INSURANCE
GENERAL LIABILITY
CLAihtS MADE QOCC.
AlTOMOttILE LIABILITY
ALL OWNED AID-OS
SCHEDULGD AUTOS
NON-OWNED AUTOS
GARAGE LlABlLitY
EXCESS LIABILIT\
UMBRELLA FORM
OTHER THAN UMBRt.Li.A FORM
WORKEKS’ COhlPENSATlON
AND
EMPLOYER’S LIABILITY
OTtiER
POLICY NUMBER
NSA2785099
NSA2785099
NWA117837701
POLICY BFF.
DATE (MM!DDfYW
10/01/99
10/01/99
1 o/o1 199
POLICY EXP.
)ATE (MMKIDIYY) LlhHTS
lOlO IO0 GENERAL AGCRECAT8 1 2OooOOo
PROD-COMPtOP AGC. 1 2000000
PERS. & ADV. INJURY 1 1oooooo
EACH OCCURRENCE I 10ooOOO
FIRE DAMAGE(Ont Rre) 50000
MED. EXP. (One Per) 10000
1 o/o 1 IO0 CO~WBINED SINGLE 1000000
LIMIT 1000000
I PROPERTY DAMAGE I
EACII OCCURRENCE .-
AGGREGATE
10/01/00
EACH ACCIDENT 1000000
DISEASE-POLICY LIMIT 1000000
DISEASE-EACH EMP. 1000000
DESCRit’i’iON OF OFERATIONSILOCATIOSSNEIIICLFSiSPEClAL ITEhiS Cert holder is add1 insured on gen liability only per attached CG2009
as respects all California operations performed by named insured.
10 day cancellation notice for nonpayment of premium
5: SHOULD ANY OFTHE ABOVE DESCKIBED I’OLICIES SE CANCELLED BEFORE THE : .: :: :;::; EXi’lRATiON DATETHEREOF. TIIE ISSUISC COhlPANY WiLL m
;;i MAIL -;uL DAYS WRITFEN NOTICE TO TilE CERTIFICATE HOLDER NAMED TO THE :,::
City of Carlsbad
2::. LE! _ ,.
:I .: :. :.
1200 Carlsbad Village Drive
Carlsbad, CA 92008
: : _
?j AIII-tIORI%ED REPKE$.li ’ .: Ty .CL ENT COPY .::: .,
-31 .r I *.! w
PolicyNumber: NSA278-5099 c‘ :& I ‘-’ NamedItxurdRay White Cemmn%, Inc. c ‘. ‘3MMERCIALGENERAL~~ . . .'I
.I ADDITIONALINSURED-OFtiNER&m or mNTRAm= (Form A)
This endcasement modifies insurance provided under the following:
COMMERCIAL,GENERAL LIABILlTYCOVERAGEPAKI’.
. SCHEDULE
Name of Person or Organization (Additional Insured): Location of covered operations
City of Carlsbad All California operations
I
PremiumBasis
COSt
Rates
(Per $1000 of cost)
AchmcePremilnn
Bodily Injury and
Property Damage Liability
% LNCLc;IIED
I Total Advmce Premium $ IIvcLmm
I k e-. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this
endorsement.)
;;;; .i‘ * ‘?,,.I‘
,.
1. WHO IS AN INSURED (Section II) is amended to include
as an insured the person cr organization (called “additional
insured”) shown in the Schedule but only with respect to
liability arising out of:
A. Your ongoing operations perfbrmed for the additional
insured(s) at the location designated above, or
B. Acts or omissions of the additional insured(s) in
connection with their general supervision of such
operations.
2. With respect to the insurance afkded these additional
insure&, the following additional provisions apply.
k Exclusions b., c., g., h.(l), j., k., L and n. under
COVERAGE A - BODILY INJURY AND
PROPERTY DAMAGE LIABILITY (Section I -
Coverages) do not apply.
.-
B. Additional Exclusions. This insurance does not apply to:
(1) “Bodily injury” or “property damage” for which the
additional insured(s) are obligated to pay damages
by reason of the assumption of liability in a contract
or agreement. This exclusion does not apply to
liability for damages that the additional insured(s)
would have in the absence of. the contract or
agreement.
(2) “Bodily injury” or “property damage” occurring
after:
(a) All mk, including materials, parts OT equipment
furnished in connecticxl with such
work, on ihe project (other than service,
maintenance, or repairs) to be perfiied by or
on behalf of the additional insured(s) at the site
of the covered operations has been completed, or
(b) That pa-tion of “your work” out of which the
injury or damage arises has been put to its
intended use by any person or organizatian other
than another cQniractcx or suhtractor engaged
in pdbming opemtions for a principal as a part
of ihe same project.
(3) “Bodily inju@ or “property damage” arising out of
any act or omission of the additional insured(s) or
any of their employees, other than the general
supervision by the additional insured(s) of your
ongoing operations performed for the additional
insured(s).
(4) Tmperiy damage” to:
(a) Property owned, USHI or occupied by or rented to
the additional insured(s);
(II) Property in the Care, custody, or control Of the
additional insured(s) or over which the additional
insured(s) are for any purpose exercising
,~~;~--+&sical control; or
, .lr-- & work, including materials, parts 0T
equipment fiunished in connection with such
work, which is performed fat the additional
insured(s) by you.
CG2009 1093 * Copyright, Insurance Services Office, Inc., 1992 Page I of