HomeMy WebLinkAboutRonald Locke Construction; 2001-12-05; STS2001-01CITY OF CARLSBAD
San Diego County
California
CONTRACT DOCUMENTS AND
SUPPLEMENTAL PROVISIONS
FOR
Concrete Replacement
CONTRACT NO. STS2001-01
September 11,200O
@B b 9/l l/O0 Contract No. STS2001-01 Page 1 of 62 Pages
Item_ TABLE OF CONTENTS
Pacae
Notice Inviting Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Contractor’s Proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a
Bid Security Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..*....................................................................................... 12
Bidders Bond To Accompany Proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Guide For Completing the “Designation Of Subcontractor and Amount Of Subcontractor’s
Bid Items” and “Designation of Owner Operator/Lessor and Amount Of Owner Operator/Lessor
Work” Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Designation Of Subcontractor and Amount Of Subcontractor’s Bid Items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Designation Of Owner Operator/Lessor and Amount Of Owner Operator/Lessor Work . . . . . . . . . . . . 18
Bidder’s Statement Of Financial Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Bidders Statement Of Technical Ability And Experience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Bidder’s Certificate Of Insurance For General Liability, Employers’ Liability, Automotive
Liability And Workers’ Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Bidder’s Statement Of Re Debarment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Bidder’s Disclosure Of Discipline Record ................................................... ...................... 23
Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Contract Public Works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Labor And Materials Bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Faithful Performance/Warranty Bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Optional Escrow Agreement For Surety Deposits In Lieu Of Retention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
SUPPLEMENTAL PROVISIONS
Part 1 General Provisions
Section 1
l-l
l-2
l-3
Terms, Definitions Abbreviations And Symbols
Terms ............................................................ ....................................................... 39
Definitions.. .................................................... ....................................................... 39
Abbreviations.. ............................................... ....................................................... 40
Section 2
2-3
2-4
Scope And Control Of The Work
Subcontracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Contract Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Contract No. STS2001-01 Page 2 of 62 Pages
2-5 Plans And Specifications.. .................................................................................... 42
2-9 Surveying.. ............................................................................................................ 43
2-10 Authority Of Board And Engineer.. ....................................................................... 44
Section 3 Changes In Work
3-2 Changes Initiated by the Agency .........................................................................
3-3 Extra Work.. ..........................................................................................................
3-4 Changed Conditions.. ...........................................................................................
3-5 Disputed Work.. ....................................................................................................
45
45
46
47
Section 4 Control Of Materials
4-l Materials And Workmanship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4-2 Materials Transportation, Handling and Storage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
49
50
Section 5
5-l
5-4
Utilities
Location . . . . . . . . . . . . . . . . . . . . . ..~............~.................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..~.......
Relocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
51
51
Section 6
6-1
6-2
6-6
6-7
6-8
6-9
Prosecution, Progress And Acceptance Of The Work
Construction Schedule And Commencement Of Work.. ......................................
Prosecution Of Work.. ..........................................................................................
Delays And Extensions Of Time ................... .......................................................
Time of Completion ..............................................................................................
Completion And Acceptance.. ..............................................................................
Liquidated Damages ............................................................................................
51
51
51
52
52
53
Section 7
7-3
7-4
7-5
7-7
7-a
7-10
7-13
Responsibilities Of The Contractor
Liability Insurance .................................................................................................
Workers’ Compensation Insurance.. ............. .......................................................
Permits .................................................................................................................
Cooperation and Collateral Work.. .......................................................................
Project Site Maintenance .............................. .......................................................
Public Convenience And Safety.. .........................................................................
Laws To Be Observed.. ................................. .......................................................
53
53
53
53
53
54
59
Section 9 Measurement and Payment
9-l Measurement Of Quantities For Unit Price Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9-3 Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
59
59
CURB GUTTER & SIDEWALK LOCATION LIST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exhibit 1
CITY OF CARLSBAD DRAWINGS NUMBER G-2, G-3, G-7, G-l 0, G-l 1, G-12, G-14A, G-14B, AND
G-l 4C (as modified) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exhibit 2
v3 9/11/00 Contract No. STS2001-01 Page 3 of 62 Pages
CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
K?
Until 4:00 P.M. on August 1, 2001, the City shall accept sealed bids, clearly marked as such, at the
Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 920067314, Attn: Purchasing Officer, by mail,
delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be
opened and read, for performing the work as follows: Remove and replace in kind concrete at
various locations.
CONTRACT NO. STS2001-01
Concrete Redacement
This bid and the terms of the Contract Documents and Supplemental Provisions constitute an
irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional
time as may be mutually agreed upon by the City of Carlsbad and the Bidder.
The work shall be performed in strict conformity with the plans and specifications as approved by the
City Council of the City of Carlsbad on file with the Maintenance & Operations Department. The
specifications for the work include the Standard Soecifications for Public Works Construction, 1997
Edition, and the 1998 and 1999 supplements thereto, all hereinafter designated “SSPWC” as issued
by the Southern California Chapter of the American Public Works Association and as amended by
the supplemental provisions sections of this contract. Reference is hereby made to the plans and
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, appropriate and approved by the Engineer.
The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when
a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the
State of California as an irresponsible bidder.
No bid will be received unless it is made on a proposal form furnished by the Purchasing
Department. Each bid must be accompanied by security in a form and amount required by law. The
bidder’s security of the second and third next lowest responsive bidders may be withheld until the
Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be
returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the
provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for
any obligation required by this notice or for any monies withheld by the City to ensure performance
under this Contract. section 10263 of the Public Contract Code requires monies or securities to be
deposited with the City or a state or federally chartered bank in California as the escrow agent. The
escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in
connection with the handling of retentions under this section in an amount not less than $100,000
per contract.
The documents which comprise the Bidder’s proposal and that must be completed and properly
executed including notarization where indicated are:
Contract No. STS2001-01 Page 4 of 62 Pages
1. Contractor’s Proposal 2. Bidder’s Bond
3. Non-Collusion Affidavit
4. Designation of Subcontractors
and Amount of Subcontractor Bid 5. Designation of Owner Operator/Lessors &
Amount of Owner Operator/Lessor Work
6. Bidder’s Statement of Financial Responsibility 7. Bidder’s Statement of Technical Ability and
Experience
8. Acknowledgement of Addendum(a)
9. Certificate of Insurance. The riders covering
the City, its officials, employees and volunteers may be omitted at the time of bid submittal but
shall be provided by the Bidder prior to award of
this contract.
1 O.Bidder’ s Statement Re Debarment
11 .Bidder’s Disclosure Of Discipline Record 12.Escrow Agreement for Security Deposits -
(optional, must be completed if the Bidder wishes to use the Escrow Agreement for
Security)
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 Public Works
Supervisor’s Estimate is $105,000.
Except as provided herein 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. 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. Where
federal funds are involved the contractor shall be properly licensed at the time the contract is
awarded. In all other cases the contractor shall state their license number, expiration date and
classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal
funds. The following classifications are acceptable for this contract: c-8.
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, supplemental provisions, and Contract documents may be obtained at the Cashier’s
Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314,
for a non-refundable fee of $10 per set. If plans and specifications are to be mailed, the cost for
- , postage should be added.
Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings,
specifications or other contract documents, or finds discrepancies in or omissions from the drawings
and specifications may submit to the Engineer a written request for clarification or correction. Any
response will be made only by a written addendum duly issued by the Engineer a copy of which will
be mailed or delivered to each person receiving a set of the contract documents. No oral response
will be made to such inquiry. Prior to the award of the contract, no addition to, modification of
or interpretation of any provision in the contract documents will be given by any agent,
employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder
may rely on directions given by any agent, employee or contractor of the City of Carlsbad
except as hereinbefore specified.
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
q b 9fll/OO Contract No. STSZOOI-01 Page 5 of 62 Pages
employed by him or her in the execution of the Contract.
The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5
of the Labor Code and section 4100 et seq. of the Public Contracts Code, “Subletting and
Subcontracting Fair Practices Act.” The City Engineer is the City’s “duly authorized officer” for the
purposes of section 4107 and 4107.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to
the Contract for work.
A pre-bid meeting and tour of the project site will be held approximately one week prior to bid
opening. Please call Public Works Supervisor Greg Woods at (760) 434-2939 for information.
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.
The Contractor shall provide bonds to secure faithful. performance and warranty of the work in an
amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor
shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to:
1) One hundred percent (100%) of the total amount payable by the terms of the contract when the
total amount payable does not exceed five million dollars ($5000,000).
2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total
amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million
dollars ($1 O,OOO,OOO).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract
exceeds ten million dollars ($lO,OOO,OOO).
These bonds shall be kept in full force and effect during the course of this project, and shall extend in
full force and effect and be retained by the City until they are released as stated in the Supplemental
Provisions section of this contract. All bonds are to be placed with a surety insurance carrier
admitted and authorized to transact the business of insurance in California and whose assets exceed
their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be
accompanied by the following documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other
instrument entitling or authorizing the person who executed the bond to do so.
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
If the bid is accepted, the City may require copies of the insurer’s most recent annual statement and
quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with
section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of
the insurer’s receipt of a request to submit the statements.
Insurance is to be placed with insurers that:
1) Have a rating in the most recent Best’s Key Rating Guide of at least A-:V
2) Are admitted and authorized to transact the business of insurance in the State of California by the
Insurance Commissioner.
l m
w 9/l l/00 Contract No. STS2001-01 Page 6 of 62 Pages
Auto policies offered to meet the specification of this contract must:
1) Meet the conditions stated above for all insurance companies.
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 by the City Council is contingent upon the Contractor submitting the
required bonds and insurance, as described in the contract, within twenty days of bid opening. 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 of the lowest bidder may be forfeited.
The prime contractor and all subcontractors are required to have and maintain a valid City of
Carlsbad Business License for the duration of the contract.
Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2001-149,
adopted on the 5’h day of June, 2001.
9/l 1 IO0 Contract No. STS2001-01 Page 7 of 62 Pages
City of Carlsbad
July 24,200-l
ADDENDUM NO. 1
RE: CONTRACT NO. STSOI-01 - CONCRETE REPLACEMENT
Please include this addendum in the Request for Bid you have for the above project:
l The bid documents state that a pre-bid meeting would be held to include a
tour of the project site. Plans for this meeting have been cancelled. A pre-
bid meeting will NOT be held.
l The bid opening date and time remains unchanged: August I,2001 at 4:00
PM at 1635 Faraday Avenue, Carlsbad.
This addendum-receipt acknowledged-must be attached to your bid when it is
submitted.
*/a>:
KEVIN DAVIS
Buyer
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1
-- G!gy&
Signature
1635 Faraday Avenue - Carlsbad, CA 92008-7314 - (760) 602-2460 l FAX (760) 602-8556 a9
CITY OF CARLSBAD
CONTRACT NO. STS2001-01
Concrete Replacement
CONTRACTOR’S
City Council
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
PRoPo#k, , WI-i-NESjiJ i,:. .J i XORDED:
-5F+sw
DATE SKWATURE
The undersigned declares he/she has carefully examined the location of the work, read the Notice
Inviting Bids, examined the Plans, Specifications, Supplemental Provisions and addenda thereto,
and hereby proposes to furnish all labor, materials, equipment, transportation, and services required
to do all the work to complete Contract No. STS2001-01 in accordance with the Plans,
Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full
payment therefor the following unit prices for each item complete, to wit:
1 ITEM 1 UNIT 1 APPf 30x DESCRIPTION UNIT PRICE TOTAL PRICE
NO. QTY
1 location 93 Root Grubbing Z50‘ &.I v2,O~U,~-
2 lin. ft. 401 Remove and replace Type G curb and
autter oer SDRSD G-2’
qa oi> ‘
3
4
sq. ft.
sq. ft.
7,315 Remove and replace sidewalk per SDRSD G-7 5 \ 9 aL;:5z3z,5
1,376 Remove and replace crossgutter per SDRSD G-l 2 7%” thick. 3 1 fJu 1*,32%>-.
5 sq. ft. 907.5 Remove and replace driveway
approaches per SDRSD G-l 4
sq. ft. 1,308.5 Remove and replace asphalt AR 4000
3/8 5” depth and compacted 2-I so 3,Z;II 5:
lin. ft. 1,381 Asphalt and concrete saw cutting -2-e oa J 2,732 %-
lump sum N/A Traffic Control Wd G,ltzw ?5
Total amount of bid in nu
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s). \ has/have been received and is/are included in this
proposal.
The Undersigned has carefully checked 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.
9/l 1 /oo Contract No. STS2001-01 Page 8 of 62 Pages
The Undersigned agrees that in case of default in executing the required Contract with necessary
bonds and insurance policies within twenty (20) days from the date of award of Contract by the City
Council of the City of Carlsbad, the City may administratively authorize award of the contract to the
second or third lowest bidder and the bid security of the lowest bidder may be forfeited.
The Undersigned bid
business or act in the
licen 3 number
dy! 31 /
nalty of perjury, that the undersigned is licensed to do
or within the State of Californifialidly licensed under
f ca / ‘- , classification which expires on
and that th,is statement is true and correct and has the legal effect of
an affidav#! ’
lY-. 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
9 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 5 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.
Accompanying this proposal is p,&?o *Y- (Cash, Certified r I Cashier’s Check) for ten percent (10%) of the amount bid.
The Undersigned is aware of the provisions of section 3700 of the Labor Code which 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.
q ti 9111 IO0 Contract No. STS2001-01 Page 9 of 62 Pages
IF A SOLE OWNER OR SOLE CONTRACT OR SIGN HERE:
(1)
(2)
Name under which business is conduct
Signature (given and surname) of propri
(3) Place of Business
/
4.@% y&d (CL _
(Street and N‘Gmber)
City and State 1 ~-ix
(4) Zip Code 4 1 ?r+ 1
I f
Telephone No. 6 lq &4+?-~.5- /
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
(Signature)
(Title)
Impress Corporate Seal here
(3) Incorporated under the laws of the State of
(4) Place of Business
(Street and Number)
City and State
(5) Zip Code Telephone No.
?a 9/11/00 Contract No. STS2001-01 Page 10 of 62Pages
- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT p
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State of California
5 OA County of
On , before me, A&d .LZZL/$, ~74L.~~GZL$4G~ Name and Title of Officer (e g “Jane Doe, Nota
personally appeared a/&
WA-e
Name(s) of Signer(s)
LsL5 b-w%44
0 personally known to me
# proved to me on the basis of satisfactory
evidence
to be the person J@’ whose nameH is&e
subscribed to the within instrument and
acknowledged to me that he/she&ey executed
the same in his/t+e+&b& authorized
capacitym and that by his/he+the+
signatureNon the instrument the personwor
the entity upon behalf of which the person&$
acted, executed the instrument.
y hand and official seal.
.
Place Notary Seal Above SigkS6re 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 Named Above:
Number of Pages:
Capacity(ies) Claimed by Signer
Signer’s Name:
0 Individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
q Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
Top of thumb here
0 1997 NatIonal Notary Assoclatlon . 9350 De Soto Ave., P.0 Box 2402 . Chatsworth, CA 91313.2402 Prod. No 5907 Reorder: Call Toll-Free l-800-876-6827
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
AlTACHED
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:
?3 9/11/00 Contract No. STS2001-01 Page 11 of 62 Pages
BID SECURITY FORM
(Check to Accompany Bid)
CONTRACT NO. STS2001-01
Concrete Replacement
(NOTE: The following form shall be used if check accompanies bid.)
Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF
CARLSBAD, in the sum of
dollars ($ 13 this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall
become the property of the City provided this proposal shall be accepted by the City through action of
its legally constituted contracting authorities and the undersigned shall fail to execute a contract and
furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage
within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of
this check shall also become the property of the City if the undersigned shall withdraw his or her bid
within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise
required by law, and notwithstanding the award of the contract to another bidder.
BIDDER
*Delete the inapplicable word.
(NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be
executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.)
@% + 9111 /oo Contract No. STS2001-01 Page 12 of 62 Pages
BIDDER’S BOND TO ACCOMPANY PROPOSAL
CONTRACT NO. STS2001-01
Concrete Replacement
KNOW ALL PERSONS BY THESE PRESENTS:
Thatwe, RON LOCKE CONSTRUCTION as Principal, and AMERICAN CONTRACTORS INDR'fNITy
as Surety are held and firmly bound unto the Cky of Carlsbad California in an amount as follows: coMPANl
(must be at least ten percent (10%) of the bid amount) *TEN i'EOUSAND hND NO/lOO* for which
payment, well and truly made, we bind ourselves, our heirs, executors and administrators,
successors or assigns, jointly and severally, firmly by these presents. $10,000.00**
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-
bounden Principal for:
Concrete Replacement Contract No. STS2001-01
in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and
execute a Contract including required bonds and insurance policies within twenty (20) days from the
date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said
award, then this obligation shall become null and void; otherwise, it shall be and remain in full force
and effect, and the amount specified herein shall be forfeited to the said City.
rf%l 9/l l/O0 Contract No. STS2001-01 Page 13 of 62 Paaes
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In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall
not exonerate the Surety from its obligations under this bond.
Executed by PRINCIPAL this JULY 31s~ day of ) 20 01 --
PRINCIPAL:
(print name here)
ati- c&p&&&LL. ckiiI
(Title and Organization of Signatory)
By:
(sign here)
(print name here)
(title and organization of signatory)
Executed by SURETY this 31ST day of JULY ,20 01 -*
SURETY:
AMERICAN CONTRACTORS INDEMNITY COMPANY
(name of Surety)
1081 CAKINO DEL RIO SOUTEI #107
(addjsofxty) SAN DIEM, CA 92108
orney-in-Fact)
(Attach corporate resolution showing current power of attorney.)
(Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By: a K. +AcA-fw
Deputy City Attorney
(3 9/11/00 Contract No. STS2001-01 Page 14 of 62 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On v<(zm/ /i before me,
personally appeared M
M4&~4
t5LY &dd,sm&
1 z f
&- KEVIN L DA’&
Cornm*Mon I 1216053
Notary Public - Cafifwr&
San Diego Cou*
d h4yComm.ExpiesAp16.ZXl3
Place Notary Seal Above
kLw7 LA&, &63d/&&lG
Name and Title of Officer (e.g., ?k~ne Doe. Notary tibllc”)
Name(s) of Signer(s)
0 personally known to me
p4 proved to me on the basis of satisfactory
evidence
to be the person d whose nameM is/an?
subscribed to the within instrument and
acknowledged to me that he/sb&hqrexecuted
the same in his/w authorized
capacity(jes$ and that by his/tu&HMr
signatureen the instrument the person&$, or
the entity upon behalf of which the personH
acted, executed the instrument.
WITNESS my han@and,official seal
/ Y of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Number of Pages:
Capacity(ies) Claimed by Signer
Signer’s Name:
q Individual
0 Corporate Officer - Title(s):
!I Partner - 0 Limited 0 General
C Attorney in Fact
0 Trustee
0 Guardian or Conservator
U Other:
Signer Is Representing:
iB!@@im Top of thumb here
0 1997 National Notary Association * 9350 De Soto Ave , PO Box 2402 * Chatsworth, CA 91313-2402 Prod No. 5907 Reorder Call Toll-Free 1-600-676-6627
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5!307
State of CALIFORNIA
County of SAN DIEGO
On 7-31-01 before me, [,
DATE NAME, TlllE OF OFFICER _ E.G., -JANE DOE, NOTARY PUBLIC’
personally appeared CORRINE BROWN I
NAME(S) OF SIGNER(S)
@ personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal. /- / / --Cl (‘LA* Jx/ ,%X-4-e.- ----.--/’ f ’ d SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL
0 CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
0 PARTNER(S) 0 LIMITED
0 GENERAL
0 ATTORNEY-IN-FACT NUMBER OF PAGES
0 TRUSTEE(S)
; ~;;;;IAN/CONSERVATOR
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR EMITY(IE.5.)
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION l 6236 Aemmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-7164
A
American Contractors Indemnity Company
Los Angeles, California
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS INDEMNITY COMPANY, a California Corporation
(the “Company”), and having its principal office in Los Angeles, California does hereby constitute and appoint:
Corrine Brown
as its true and lawful Attorney(s)-in-fact, in amount of & , 000.000.00 to execute, seal and deliver for and on its behalf as surety, any
and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may
be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance
of these presents, shall be as binding upon the said AMERICAN CONTRACTORS INDEMNITY COMPANY, as fully and amply, to all
intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office.
This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of resolutions adopted by the Board
of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting called and held on the 6th day of December, 19%.
RESOLVED that the Chief Executive Officer, President or any qce President, Executive Vice President, Secretary or Assistant Secretary,
shall have power and authority.
1. To appoint Attorney(s)-in-fact and to authorize them to execute on behalf of the Company, and attach the Seal of the Company
thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and,
2. To remove, at any time, any such Attorney-in-fact and revoke the authority given.
RESOLVED FURTHER, that the signature of such officers and the seal of the Company may be affixed to any such power of attorney or
any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall
be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.
* IirITNESS WHEREOF, AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to be signed and its
corporate seal to be affixed by its authorized officer this 9th day of Map 3 2000 .
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
AMERICAN MPANY
By:
On May 9, 2000 before me, Deborah Reese personally appeared Andv Faust
personally known to me to be the person whose name is subscribed to the withih instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
Notay Public -California
\ CERTIFICATION
I, the undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I have compared the
foregoing copy of the Power of Attorney and affidavit, and the copy of the resolution adopted by the Board of Directors of said Company
as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that same are
correct transcripts thereof and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full
forre and effect.
IN _ &I’IMONY WHEREOF, I have hereunto set my hand this day of 3 1 ST 2001 .
-3m
James H. Ferguso&ecretary
GUIDE FOR COMPLETING
THE “DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR’S BID ITEMS”
AND
“DESIGNATION OF OWNER OPERATOR/LESSOR AND
AMOUNT OF OWNER OPERATOR/LESSOR WORK” FORMS
REFERENCES Prior to preparation of the following Subcontractor and Owner Operator/Lessor
disclosure forms Bidders are urged to review the definitions in section l-2 of the SSPWC and of the
Supplemental Provisions to this Contract especially, “Bid”, “Bidder”, “Contract”, “Contractor”,
“Contract Price”, “Contract Unit Price”, “Engineer”, “Subcontractor” and “Work” and the definitions in
section l-2 of the Supplemental Provisions especially “Own Organization” and “Owner
Operator/Lessor.” Bidders are further urged to review sections 2-3 SUBCONTRACTS of the
SSPWC and section 2-3.1 of these Supplemental Provisions.
CAUTIONS These forms will be used by the Agency to determine the percentage of work that the
Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct
information may result in rejection of the bid as non-responsive. Any bid that proposes performance
of more than 50 percent of the work by subcontractors or owner operator/lessors or otherwise to be
performed by forces other than the Bidder’s own organization will be rejected as non-responsive.
Specialty items of work that may be so designated by the Engineer on the “Contractor’s Proposal”
are not included in computing the percentage of work proposed to be performed by the Bidder.
INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every
subcontractor or Owner Operator/Lessor who the Bidder proposes to perform work or labor or render
service in or about the work or improvement, and every subcontractor or Owner Operator/Lessor
licensed as a contractor by the State of California who the Bidder proposes to specially fabricate and
install any portion of the work or improvement according to detailed drawings contained in the plans
and specifications in excess of one-half of one percent (0.5%) of the Bidder’s total bid or ten
thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of
subcontractor(s) shall be set forth and included as an integral part of the bid offer.
Bidder shall use separate disclosure forms for each Subcontractor or Owner Operator/Lessor of
manpower and equipment that it proposes to use to complete the Work. Additional copies of the
forms must be attached if required to accommodate the Contractor’s decision to use more than one
Subcontractor or Owner Operator/Lessor. All items of information must be completely filled out.
These forms must be submitted as a part of the Bidder’s sealed bid. Failure to provide complete and
correct information may result in rejection of the bid as non-responsive.
Neither the amount, in dollars, of work performed by the Bidder’s own forces (as Contractor) nor the
Bidder’s overhead and profit for subcontracted items of the work is included to compute the
percentage of the work performed by Subcontractors or Owner Operators/Lessors.
When the Bidder proposes that any bid item will installed by a Subcontractor or Owner
Operator/Lessor the amount, in dollars, of the bid item installed by each Subcontractor or Owner
Operator/ Lessor must be entered under the columns “Amount of Subcontracted Bid Item Including
Subcontractor’s Overhead & Profit” or ” Amount of Owner Operator/Lessor Bid Item Including Owner
Operator/Lessor’s Overhead & Profit I’ unless the dollar amount of all work performed by any
Subcontractor or Owner Operator/Lessor is less than one-half of one percent (0.5%) of the Bidders
total bid or ten thousand dollars ($10,000) whichever is greater. If a Subcontractor or Owner
Operator/Lessor installs or constructs any portion of a bid item the entire amount of the Contract Unit
Price, less the Bidder’s overhead and profit, shall be multiplied by the Quantity of the bid item that the
Subcontractor or Owner Operator/Lessor installs to compute the amount of work so installed.
?3 g/11/00 Contract No. STS2001-01 Page 15 of 62 Pages
Suppliers of materials from sources outside the limits of work are not subcontractors. The value of
materials and transport of materials from sources outside the limits of work, as shown on the plans,
shall be assigned to the Contractor, the Subcontractor, or the Owner Operator/Lessor, as the case
may be, that the Bidder proposes as installer of said materials. The value of material incorporated in
any Subcontractor or Owner Operator/Lessor installed bid item that is supplied by the Bidder shall be
included as a part of the work that the Bidder proposes to be performed by the Subcontractor or
Owner Operator/Lessor installing said item.
The item number from the “CONTRACTOR’S PROPOSAL” (Bid Sheets) shall be entered in the “Bid
Item No.” column.
When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the number must
be entered on the form. If the Subcontractor does not have a valid business license enter “NONE” in
the appropriate space.
Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the
required information. The page number and total number of additional form pages shall be entered in
the location provided on each type of form so duplicated.
When the Bidder proposes using a subcontractor or owner operator/Lessor to construct or install less
than 100 percent of a bid item the Bidder shall attach an explanation sheet to the designation of
subcontractor or designation of Owner Operator/Lessor forms as applicable. The explanation sheet
shall be provided by the Contractor to clearly apprise the Agency of the specific facts that show the
Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces.
Determination of the subcontract and Owner Operator/Lessor amounts for purposes of award of the
contract shall determined by the City Council in conformance with the provisions of the contract
documents and the Supplemental Provisions. The decision of the City Council shall be final.
?a 9/11/00 Contract No. STS2001-01 Page 16 of 62 Pages
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR’S BID ITEMS
CONTRACT NO. STS2001-01
Concrete Replacement
The Bidder certifies that it has used the sub-bid of the following listed subcontractor in preparing this
bid for the Work and that the listed subcontractor will be used to perform the portions of the Work as
designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code “Subletting and Subcontracting Fair Practices Act.” The Bidder
further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder’s total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the subcontractors listed work will be made
except upon the prior approval of the Agency.
Full Company Name of Subcontractor: !34 !CB~S KJt?cx--~ - 4-e Gk,
Subcontractor’s Location of Business 5T 0 L? kc c&T (&c43-
Street Address
254% lh&fwCJ (3,_
City State
*Subcontractor’s Telephone Number including Area Code: ( 760 1
q-7,&9
Zip
c w
*Subcontractor’s California State Contractors License No. and Classification: 6.5 x -6 4 4 C-/6$?
*Subcontractor’s Carlsbad Business License No.:
SUBCONTRACTOR’S BID ITEMS*
Bid Amount of Subcontracted Amount of Work In Bid Amount of Contrtictor’s
Item Bid Item Including Item Performed by Overhead & Profit In
No. Subcontractor’s Overhead Contractor Excluding Bici Item
& Profit Overhead & Profit
-7 $ L?,u~ $ $ Z/Liz.. 00
$ $. $
$ $ $ $ $ $
I$ I$
f : $ $
cplanation: Aumn 1 - Bid item No. from the bid proposal, page 8, inclusive.
Yumn 2 - The dollar amount of the item to be performed by the Subcontractor. . - -. llumn 3 - The dollar amount of the item to be performed by Contractor’s own forces. Aumn 4 - The dollar amount of the Contractor’s overhead and profit for work done by both the Contractor’s and the ^. . .,. . . . . suoconrractors rorces on tne Item.
Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal page 8, inclusive.
Page 1 of 1 pages of this Subcontractor Designation form
* Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the portions of the information preceded by an asterisk
required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the “Notice
Inviting Bids.”
3 % 9/l l/O0 Contract No. STS2001-01 Page 17 of 62 Pages
DESIGNATION OF OWNER OPERATOR/LESSOR AND
AMOUNT OF OWNER OPERATOR/LESSOR WORK
CONTRACT NO. STS2001-01
Concrete Replacement
The Bidder certifies that it has used the sub-bid of the following listed Owner Operator/Lessor in preparing this bid for the Work and that the listed Owner Operator/Lessor will be used to perform the
portions of the Work as designated in the list in accordance with applicable provisions of the
specifications and section 4100 et seq. of the Public Contracts Code “Subletting and Subcontracting Fair Practices Act.” The Bidder further certifies that no additional Owner Operator/Lessor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the
Bidder’s total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the Owner Operator/Lessors listed work will be made except upon the prior approval of the Agency.
Full Owner Operator/Lessor Name:
Owner Operator/Lessor Location of Business
Street Address
City State Zip
*Owner Operator/Lessor Telephone Number including Area Code: _I 1
*Owner Operator/Lessor City of Carlsbad Business License No.:
OWNER OPERATOR/LESSOR WORK ITEMS
Contractor Excluding
Overhead 81 Profit
Explanation: Column 1 - Bid Item No. from the bid proposal, page 8, inclusive.
Column 2 - The dollar amount of the item to be performed by the Owner Operator/Lessor. Column 3 - The dollar amount of the item to be performed by Contractor’s own forces. Column 4 - The dollar amount of the Contractor’s overhead and profit for work done by both the Contractor’s and the Owner Operator/Lessor’s forces on the item.
Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal
page 8, inclusive.
Page - of ~ pages of this Owner Operator/Lessor form
* Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the portions of the information preceded by an asterisk
required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the “Notice Inviting Bids.”
9/l 1 /oo Contract No. STS2001-01 Page 18 of 62 Pages
BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY
(To Accompany Proposal)
CONTRACT NO. STS2001-01
Concrete Replacement
Copies of the latest Annual Report, audited financial statements or Balance Sheets may be
submitted under separate cover marked CONFIDENTIAL.
p3 9/l l/00 Contract No. STS2001-01 Page 19 of 62 Pages
BIDDER’S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
CONTRACT NO. STS2001-01
Concrete Replacement
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.
Date
Contract Name and Address
Name and Phone
No. of Person Type of
Amount
of
9/l 1 IO0 Contract No. STS2001-01 Page 20 of 62 Pages
BIDDER’S CERTIFICATE OF INSURANCE FOR
GENERAL LIABILITY, EMPLOYERS’ LIABILITY, AUTOMOTIVE
LIABILITY AND WORKERS’ COMPENSATION
(To Accompany Proposal)
CONTRACT NO. STS2001-01
Concrete Replacement
As a required part of the Bidder’s proposal the Bidder must attach either of the following to this page.
1) Certificates of insurance showing conformance with the requirements herein for each of:
Comprehensive General Liability
Automobile Liability
Workers Compensation
Employer’s Liability
2) 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, Automobile Liability, Workers Compensation and Employer’s
Liability 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 must:
1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public
Works Construction and the Supplemental Provisions for this project for each insurance
company that the Contractor proposes.
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.
9/l 1 /oo Contract No. STS2001-01 Page 21 of 62 Pages
Pciii b’*ylber: 33CGL573824-02
CERTIFICAI i OF LIABILITY INSlJRAbwZE DAE (uluoww)
09/13/01
PRGDucER OM L ASSOCIATES INSURANCE SERVICES THIS CERTlFlCATE IS ISSUED AS A MAllER OF INFORMAnON
27403 Ynez Road, Suite 210 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTlflCATE DOES NOT AMEND, EXTEND OR Tcmecula, CA 92591 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
(800) 561-2747 COMPFWY A ENVIRONMEZNTAL C CASUALTY INSURANCE
INslJRm RON LOCKE CONSTRUCTION COMPANY
MR. RON LOCFJZ
4039 PAULA STREET
LA MESA, CA 91941
B
COMPPNY F C 1-I --I --I-:- .x I17 __-
COMPPNY D
COWERAOES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
LNDICATED. NOTWlTHSTANDlNG ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WlTH RESPECT TO WHICH THIS
CERllFlCATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS.
si TYPE OF IHSURANCE PaJcYNulBER PDLlcYEmcllM KxlcYExmIunw DATli (uuoom7 ME(yyR)(yyy) LIUTS
GENEML Lwwul-f GENERAL AGGREGATE $1,000,000
\IxI COMMERCIAL GENERAL LIABILITY CGL573824-02 7/27/01 7/27/02 PROOUCTS-CGMPlOPAGG S 1,000,000 CLAlh%sMADE q occuR PERSONAL .a Aw WURY s1,000,000
OWERS S CONTRACTOR’S PROT EACH OCCURRENCE s1,000,000
FIREMMAGE (Mymetie) s50,000
MED EXP (Any ona pason) $1,000 '
~LELlArnLlTv COMBINED SINGLE UMIT S ANY AUTO
ULWEDAUTOS BODILY IIUURY
SCHEWLED AUTC6 (pa F-=3 S
HifEDAUtOS SOMLY INJURY
NONOWED AUTOS (Pa -) S
-LlAmuN
ANY ALIT0
ExcEsaLuaulY
UMBPELIA FORM
OTHERTWNlJM8FELlAFOlW
-COYPE)(OAllONAND
amayuIyuA~
THE PROPRIETOR/ PARTMRSiEXECUTlVE OFFICWS ARE:
OnER
PROPERlYDAMAGE s
AUTO ONLY - EA ACCIDENT S
OTHER THAN AUTO ONLY:
EACH ACXXDENT S _____
AGGREGATE s
EACH GCCURRfNCE S
AGGREGATE S
S
vc STATU OTH- TORY UMITS ER
EL EACH ACCIDENT S
EL DISffASE - POLICY IJMIT S
EL DISEASE _ EA EM’LOYEE S
-noNDF-llwsLmxm-NEHlWmRCUL
k 30 days notice of cancellation, except 10 days for non-payment
Certificate holder is Additional Insured with respects to the operations usual to the named
insured.
CERTlFlCATE HOLDER CANCELLATION
City of Carlabad SHOUU)~OFTHEABOVEDESCMBEDPOUClESBEC*NCELLEDB~THE
1635 Pacaday Avanue EXPIRAnCiN DATE THEREOF. THE ISSUlwO CGMPANY W6LL EIOEAVOR To ML
30* DAYS WRllTENNGl’lCETGTMECERTlFlCATEHGlDERNAMEDTDlHELE~.
Carlsbad, CA 92000-1314 BUTFAlWRETOYANSUCH~EYUU.YPOSENOOSUOATK)WORLUBlUTY
ACORD 26k [i/86)
Environmental & Casualty
Endorsement
Orr & Associates Insurance Service
091 I 3/o I
POLICY NUMBER: CGL573824-02
EFFECTIVE DATE: 7/27/01 TO 7/27/02
NAMED INSURED: RONALD LOCKE CONSTRUCTION
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS
(SPECIAL FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
City of Carl&ad
1635 Faladay Avenue
Carbbad, CA 92008-7314
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as to applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or
organization shown in the Schedule, but only with respect to liability arising out of “your work”
for that insured by or for you.
CG 20 10 1 I 85 Copyight. Insurance Services Office, Inc., 1984
Company Profile I * Page 1 of 2
Company Profile
COMMERCIAL CASUALTY INSURANCE
COMPANY OF GEORGIA
P.O.BOX926270
NORCROSS,GA30010-6270
ENVIRONMENTAL AND
DBA Name: CASUALTY INSURANCE
COMPANY
Former Names for Company
Old Name: COMMERCIAL CASUALTY INSURANCE COMPANY Effective Date: 05-10-1995
Agent for Service of Process
JOHN A. SEBASTINELLI, C/O AGUILAR & SEBASTINELLI 44 MONTGOMERY ST STE 4240
SAN FRANCISCO, CA 94104
Unable to Locate the Agent for Service of Proce& I-. --~
Reference Information
NAIC #: 36374
NAIC Group #: 1231
California Company ID #: 4447-9
Date authorized in California: July 02, 1997
License Status: UNLIMITED-NORMAL
Company Type: Property & Casualty
State of Domicile: GEORGIA
Lines of Inuwance Authorized to Transact
The company is authorized to transact business within these lines of insurance. For an explanation of
any of these terms, please refer to the glossary.
AUTOMOBILE
BOILER AND MACHINERY
BURGLARY
COMMON CARRIER LIABILITY
CREDIT
1 l/26/2001
Company Profile Page 2 of 2
FIRE
LIABILITY
MISCELLANEOUS
PLATE GLASS
SPRINKLER
SURETY
TEAM AND VEHICLE
Company Complaint Information
Comuany Performance Data
Composite Complaint Studies
Want More?
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Financial Rating Organizations
Last Revised - September 28,200l 06: 18 PM
Copyright 0 California Department of Insurance
Disclaimer
http://www4.insurance.ca.gov/wu/idb_coqrof_utl.get_coqrof?p_EID=62567 1 l/26/2001
11/26/‘2881 14: 28 2004743003 -..---... -... . _. _.-_ - __---.
Sent By: ;
‘I*.
ORRANDASSOCIATES --_ _. - ..X.--
es 1.00 3:14PM;
_: ,
PAGE 01
Page l/l
NO 6533
-~ro~,~--‘tetho &mma8ecwtrmtlirour~crsybrrlrc Cvamirci01 Cr,ur1ty tflmur0nCc ccm$u 1 of Qeffrgle to cOnduct ita bu8&m8* in Cd fornir
OIU unaoc thm OM Bnnrimamenm~ a J C8meJ ty Tnwrawe COiBpany
d *OrQrOQs~ QovEpim ,orm-drlrdlw
&-d uaorg la ,dWtrOWM(lwdlI~W
Hone, Duraty, Liability, and Automoblla
ACORD, CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDNY) 09/10/01
PRODUCER Aspen Insurance Brokers 5520 Wellesley Street, #207 La Mesa, CA 91942
(619) 460-1240
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURED RONALD LOCKE DBA: INSURERA: LEGION INSURANCE COMPANY
RONALD LOCKE CONSTRUCTION INSURER 6,
4039 PAULA STREET INSURER C.
LA MESA, CA 91941-7535 INSURER D:
I INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NSR POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE fMM/DD/YYI DATE (MMIDDNYI LIMITS
GENERAL UABILITY EACH OCCURRENCE 5
COMMERCIAL GENERAL LIABILIM FIRE DAMAGE (Any one fm) $ q -
CLAIMS MADE OCCUR MED EXP (Any one person) 5
PERSONAL &ADV INJURY 5
GENERAL AGGREGATE 5
GEN’L AGGREGATE LIMIT APPLIES PER: PRODUCTS COMP/OP AGG 5
POLICY PRO- JECT LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
ANY AUTO (Ea accident)
AU OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY AUTO ONLY - EAACCIDENT $
ANY AUTO OTHER THAN EAACC $
AUTO ONLY. AGG 5
EXCESS LIABILITY
OCCUR CLAIMS MADE
DEDUCTIBLE
1 RETENTION 5 5
4 WORKERS COMPENSATION AND WCl-1571602 ,09/13/01 09/13/02 EMPLOYERS’ LIABILITY x lwcsT*T"- 1 OE%- TORY LIMITS
E.L. EACH ACCIDENT 5 1000000
E.L. DISEASE - EA EMPLOYEE $ 1000000
E.L. DISEASE POLICY LIMIT $ 1000000
OTHER
/ I I
)ESCRIPTION OF OPERATlONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
EXCEPTION, 10 DAYS NOTICE GIVEN DUE TO NONPAYMENT OF PREMIUM
PROJECT: CONCRETE REPLACEMENT- CONTRACT NO. STS2001-01
CERTIFICATE HOLDER CANCELLATION
SHOULDANYOFTHEABOVEDESCRlBEDPOLlClESBECANCELLEDBEFORETHEMPlRATlON
CITY OF CARLSBAD
PURCHASING DEPARTMENT
1635 FARADAY AVENUE
CARLSBAD, CA 92008-7314
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL SURER WILL ENDEAVOR TO MAIL 30 DAYS WRllTEN 30 DAYS WRllTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURETO DO SO SHALL 3LDER NAMED TO THE LEFT, BUT FAILURETO DO SO SHALL
R LIABILITY OF ANY KlND UPON THE INSURER, ITS AGENTS OR 3BILITY OF ANY KlND UPON THE INSURER, ITS AGENTS OR
I
- ACORD 25-S (7197) 0 ACORD CORPORATION 1999
CERTIFICATE OF INSURANCE
at q STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois q STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois
0 STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontario
0 STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida q STATE FARM LLOYDS, Dallas, Texas
sures the following policyholder for the coverages indicated below:
Name of policyholder Ronald Locke Construction
Address of oolicvholder 4039 Paula St. La Mesa, Ca. 91941
Location of operations all operations
Description of operations all operations
The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies is
subject to all the terms exclusions, and conditions of those policies. The limits of liability- shown may have been reduced by any paid
claims.
POLICY NUMBER
POLICY PERIOD
TYPE OF INSURANCE Effective Date j Expiration Date
Business Liability
This insurance includes: q Products - Compteted Operations
0 Contractual Liability
[7 Underground Hazard Coverage - 0 Personal Injury
0 Advertising-Injury
0 Explosion Hazard Coverage
17 Collapse Hazard Coverage
Cl
LIMITS OF LlABlLlTY
(at beginning of policy period)
BODILY INJURY AND
PROPERTY DAMAGE
Each Occurrence $
General Aggregate $
Products - Completed $
Operations Aggregate
I I POLICY PERIOD EXCESS LIABILITY
q Umbrella
0 Other
BODlLY INJURY AND PROPERTY DAMAGE
Effective Date j Expiratii Date (Combined Single Limit)
Each Occurrence $
Aggregate $8
Part 1 STATUTORY
Part 2 BODILY INJURY
Each Accident $
Disease Each Employee $
Disease - Policy Limit $
POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date ! Expiration Date (at beginning.of policy perid)
R19 4935 B02 Auto 02/02/01 j 02/02/02 1,000,000.00
ANY & ALL AUTOS 1,000,000.00
THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND~NEITHER AFFIRMATIVELY NOR NEGATIVELY
AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN.
If any of the described policies are canceled before
its expiration date, State Farm will try to mail a
written notice to the certificate holder 30 days before Name and Address of Certificate Holder cancellation. If however, we fail to mail such notice,
City of Carlsbad no obligation or liability will be imposed on State
1635 Faraday Avenue Carlsbad,Ca. 92008-7314 , S$nature of ~uthorized Representative Frank arown III - ag 09/05/O:
Title Date
Agent’s Code Stamp
558494 a.3 M-1999 printed in US.A.
I AFO Code 8126 FRANK A BROWN In $ANDlEGO SOUTHEAST !%
\ 7 \ l
State Farm Mutual Automoblti Insurance Company 900 Old Rhw Road Sakersfleid CA 92311 INSURED LOCKE RON 4999PhJLA ST LA MESA CA 91941.7939
4J UTL
WL
. y POLiCY NUMBER 210260+2043A EFFECTIVE ,
YR 1980 MAKE HTERNATNL dUN 202001 TO JIJN EOhB02 /
( MODEL 1800 VIN AA182KH017767 , AGENT FRANK A BROWN It1 . PHONE (fl$W9219 NAlC# 25178 COVERAG P VIDEO BY THE POLICY MEETS THE MINIMUM LIABILITY PRESCRIBED BY LAW AND IS A COMMERCIAL OR FLEET VEHICLE. COVERAGE INCLUDEd A MOO 6250 U Ul SEE THE REVERSE SIDE FOR AN EXPLANATION.
, . . *
Q :
-
BIDDER’S STATEMENT RE DEBARMENT
(To Accompany Proposal)
COiTRACi Nb. STS2001-01
Concrete Replacement
1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by
another jurisdiction in the State of California?
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 debar-
ments.
party debarred party debarred
agency agency
period of debarment period of debarment
BY CONTRACTOR:
i/Q
(name OF-Contractor)
fkt name/title)
cc\f L0AQJ&!9hA~l
Page \ of! pages of this Re Debarment form
Contract No. STS2001-01 Page 22 of 62 Pages
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
CONTRACT NO. STS2001-01
Concrete Replacement
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 ore times within an eight year period?
x Yes no
2) Has the suspension or revoc tion of your contractors license ever been stayed?
Yes no
3) Have any subcontractors that you propose to perform any portion of the Work ever had their
contractor’s license suspended or revoked by the California Contractors’ State license Board two
or more times within an ei h year period?
31.
Yes no
4) Has the suspension or revocation of the license of any subcontractor’s that you propose to
perform any portion of the wk ever been stayed?
Yes no
5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party
disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of
the violation and the disciplinary action taken therefor.
(If needed attach additional sheets to provide full disclosure.)
Page fZ- of 7 pages of this Disclosure of Discipline form
?3 9/11/00 Contract No. STS2001-01 Page 23 of 62 Pages
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED)
(To Accompany Proposal)
CONTRACT NO. STS2001-01
Concrete Replacement
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.
(If needed attach additional sheets to provide full disclosure.)
BY CONTRACTOR:
\ A.
,
IAd-! f& . Lye
(name of Contractor)
(print name/title)
Page 3 of-3 pages of this Disclosure of Discipline form
Contract No. STS2001-01 Page 24 of 62 Pages
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
CONTRACT NO. STS2001-01
Concrete Replacement
State of California n
, being first duly sworn, deposes
(Name of Bi;lder) l
and says that he or she is ‘.\ ]&I t&g--
of ?,
(Title)
UJ jq 0 c.<
(Name of Firm)
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation; that the bid is
genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited
any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain
from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to
fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure
any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not,
directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof,
or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company association, organization, bid depository, or to any member or agent thereof to
effectuate a collusive or sham bid.
I declare under penalty of perjury
executed on the %i SLf-
/------7
oing is true and correct and that this affidavit was
,2O(!i .
Signature of Bidder
Subscribed and sworn to before me
(NOTARY SEAL)
Contract No. STS2001-01 Page 25 of 62 Pages
CONTRACT
PUBLIC WORKS
This agreement is made this sfh day of
between the City of Carlsbad, California, a municipal co
2OCl , by and
after called “City”),
and Ronald Locke Construction whose principal place of business is
4039 Paula Street, La Mesa CA 91941
called “Contractor”).
(hereinafter
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in me Contract documents
for: Concrete Replacement
Contract No. STS2001-01
(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 Contract Documents.
3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids,
Contractor’s Proposal, Bidder’s Bond, Designation of Subcontractors, Designation of Owner
Operator/Lessors, Bidder’s Statements of Financial Responsibility, Technical Ability and Experience,
Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and
Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and
Supplemental 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 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 Contractors
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 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) 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 Supplemental Provisions section of this contract.
The Engineer will close the estimate of work completed for progress payments on the last working
day of each month.
5. Independent Investigation. Contractor has made an independent investigation of the
+3 g/11/00 Contract No. STS2001-01 Page 26 of 62 Pages
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.
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. Differing Conditions. Subsurface or latent physical conditions at the site differing from those
indicated.
C. Unknown Physical 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. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements
of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-l 525) 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. Prevailing Wage. 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
?3 9/11/00 Contract No. STS2001-01 Page 27 of 62 Pages
be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except
for loss or damage caused by the sole or active negligence or willful misconduct of the City. The
expenses of defense include all costs and expenses including attorneys’ fees for litigation,
arbitration, or other dispute resolution method.
Contractor shall also defend and indemnify the City against any challenges to the award of the
contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense
costs include the cost of separate counsel for City, if City requests separate counsel.
Contractor shall also defend and indemnify the City against any challenges to the award of the
contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by
the Contractor, whether intentional or otherwise, 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 or her 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 Limits Contractor shall maintain the types of coverages and minimum limits
indicted herein:
a. Comprehensive General Liability Insurance: $1 ,OOO,OOO combined single limit per
occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate
aggregate in the amounts specified shall be established for the risks for which the City or its agents,
officers or employees are additional insured.
b. Business Automobile Liability Insurance: $1 ,OOO,OOO combined single limit per accident for
bodily injury and property damage. In addition, the auto policy must 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.
C. 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 ,OOO,OOO
per incident. Workers’ compensation offered by the State Compensation Insurance Fund is
acceptable to the City.
(B) Additional Provisions. Contractor shall ensure that the policies of insurance required under
this agreement with the exception of Workers’ Compensation and Business Automobile Liability
Insurance contain, or are endorsed to contain, the following provisions.
a. The City, its officials, employees and volunteers are to be covered as additional insured 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. All additional insured endorsements must be
evidenced using separate documents attached to the certificate of insurance; one for each company
affording general liability, and employers’ liability coverage.
b. 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
9/l 1 IO0 Contract No. STS2001-01 Page 28 of 62 Pages
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) Penalty. Recovery. 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) Debazmemr -False Claims. Contractor hereby acknowledges that the filing of a false claim
may subjeetr.the~C.ontractor 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) Carl&ad 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 subcontrac-
tor from participating in future contract bidding.
(H) Jukdictibn. 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.
-ZJ--- init I have read and understand all provisions of Section 11 above. init
12. 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.
13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720
of the Labor Code are incorporated herein by reference.
14. Security. Securities in the form of cash, cashier’s check, or certified check may be 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.
15. Provisions Required by 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.
16. Additional Provisions. Any additional provisions of this agreement are set forth in the
“General Provisions” or “Supplemental Provisions” attached hereto and made a part hereof.
t3 g/11/00 Contract No. STS2001-01 Page 30 of 62 Pages
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
AI-I-ACHED
(CORPORATE SEAL)
CONTRACTOR:
RONALD D. LOCKE DBA RON LOCKE CONSTRUCT1
By:
(sign here)
RONALD D. LOCKE, OWNER
(print name and title)
By:
(sign here)
(print name and title)
President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under the corporate seal empowering that officer to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
c
By: &)fl. Ml&q&&L
Deputy City Attorney
q b 9/l l/O0 Contract No. STS2001-01 Page 31 of 62 Pages
(e.g , “Jane Doe, Notary Pu II?)
&$ersonally known to me
3 proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
and that by his/her/their
ment the person(s), or
f which the person(s)
Place Notary Seal Above
Though the information below is not required
and could prevent fraudulent removal an
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name:
0 Individual
0 Corporate Officer - Title(s):
7 Partner - L Limited 0 General
7 Attorney in Fact
L7 Trustee
C Guardian or Conservator
[7 Other:
Signer Is Representing:
lop of thumb here
0 1997 National Notary Assmatm ~9350 De Soto Ave.. PO. Box 2402 *Chatsworth. CA 913132402 Prod No. 5907 Reorder: Call Toll-Free l-800-676-6827
BONDf142575 LABOR AND MATERIALS BOND mmIuM:$1859.00
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No.
2001-263 , adopted August 21, 2001 , has awarded to
Ronald Locke Construction
(hereinafter designated as the “Principal”), a Contract for: Concrete Replacement Contract
No.STS2001-01.
in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract
Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are
incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to
pay for any materials, provisions, provender or other supplies or teams used in, upon or about the
performance of the work agreed to be done, or for any work or labor done thereon of any kind, the
Surety on this bond will pay the same to the extent hereinafter set forth.
NOW, THEREFORE, WE, Ronald Locke Construction I
as Principal, (hereinafter designated as the “Contractor”), and AMERICAN CONTRACTORS INDEMNITY COIFPANY
as Surety, are held firmly bound unto the City of Carlsbad in the sum of J$netv two thousand, nine
. hundred thrrty seve ng25/100********************* Dolf&s
($ 92,937.25 ), said sum being an amount equal to:
One hundred percent (100%) of the total estimated amount payable under said contract by the City
of Carlsbad under the terms of the contract when the total amount payable does not exceed five
million dollars ($5,000,000) or,
Fifty percent (50%) of the total estimated amount payable under said contract by the City of Carlsbad
under the terms of the contract when the total amount payable is not less than five million dollars
($5,000,000) and does not exceed ten million dollars ($1 O,OOO,OOO) or,
Twenty-five percent (25%) of the total estimated amount payable under said contract by the City of
Carlsbad under the terms of the contract if the contract exceeds ten million dollars ($1 O,OOO,OOO) and
for which payment well and truly to be made we bind ourselves, our heirs, executors and
administrators, successors, or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or his/her subcontractors fail to
pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the
performance of the work contracted to be done, or for any other work or labor thereon of any kind, or
for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld, and paid over to the Employment Development
Department from the wages of employees of the contractor and subcontractors pursuant to section
13020 of the Unemployment Insurance Code with respect to such work and labor that the Surety will
pay for the same, not to exceed the sum specified in the bond, and, also, in case suit is brought upon
the bond, costs and reasonable expenses and fees, including reasonable attorney’s fees, to be fixed
by the court, as required by the provisions of section 3248 of the California Civil Code.
This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file
claims under Title 15 of Part 4 of Division 3 of the Civil Code (commencing with section 3082).
Contract No. STS2001-01 Page 32 of 62 Pages
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the work to be performed thereunder or the specifications accompanying the
same shall affect its obligations on this bond, and it does hereby waive notice of any change,
extension of time, alterations or addition to the terms of the contract or to the work or to the
specifications.
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall
not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this 1oTR Executed by SURETY this 1oTH day
day of m ,20x. of SEpTEHBER ,20&.
CONTRACTOR: SURETY:
RONALD D. LOCKE DBA RON LOCKE CONSTRUCTION AMERICAN CONTRACTORS INDEMNITY COI'fP1
(name of tra tor)
By:
Fp *:.W-” -
(name of Surety)
-I -XJ.&.. 1081 CAMINO DJX RIO SOUTH #107 SD, CA 92108
(sign here)
RONALD D. LOCKEZ, OWNER
(print name here)
(title and organization of signatory)
By:
(sign here)
ATTORNEY IN-FACT
(print name here) of attorney)
e resolution showing current power
(title and organization of signatory)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
i
By: f%~%‘& /Ic. %-j%-
Deputy City Attorney
@B tc 9/l l/00 Contract No. STS2001-01 Page 33 of 62 Pages
State of California
personally appeared
evidence
basis of satisfactory
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
and that by his/her/their
instrument the person(s), or
half of which the person(s)
and official seal.
Place Notary Seal Above
OP
Though the information below is not required by law, i
and could prevent fraudulent removal and re
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Number of Pages:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Capacity(ies) Claimed by Signer
Signer’s Name:
L Individual
U Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
7 Attorney in Fact
ill Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
m
Top of thumb here
0 1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth. CA 91313-2402 Plod. NO. 5907 Heorder: Call Toll-Free 1-8UU-M7ti-tiM27
A
American Contractors Indemnity Company
Los Angeles, California
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS INDEMNITY COMPANY, a California Corporation
(the “Company”), and having its principal office in Los Angeles, California does hereby constitute and appoint:
Corrine Brown
as its true and lawful Attorney(s)-in-fact, in amount of + * 000.000.00 to execute, seal and deliver for and on its behalf as surety, any
and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may
be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in p~summ
of these presents, shall be as binding upon the said AMERICAN CONTRACTORS INDEMNITY COMPANY, as fully and amply, to all
intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office.
This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of resolutions adopted by the Board
of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY, at a meeting called and held on the 6th day of December, 1990.
RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Xce President, Secretary or Assistant Secretary,
shall have power and authority.
1. To appoint Attorney(s)-in-fact and to authorize them to execute on behalf of the Company, and attach the Seal of the Company
thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and,
2. To remove, at any time, any such Attorney-in-fact and revoke the authority given.
RESOLVED FURTHER, that the signature of such officers and the seal of the Company may be affixed to any such power of attorney or
any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsirmle seal
shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall
“2 valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.
,I\J WITNESS WHEREOF, AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to be signed and its
corporate seal to be affixed by its authorized officer this 9th day of May 2000 .
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
MPANY
on May 9, 2000 before me, Deborah Reese personally appeared Andv Faust
personally known to me to be the person whose name is subscribed to the wit!& instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
-PC mv had ad nffir;al teal ,, *Lx.-” . ..J ..u..u ..I..- “.III.... “VU.. Commission # 1205480
Notuy Public - California
Lcs Angeles cowrtv
(--‘C WCC 5z.G CERTIFICATION
I, the undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I have compared the
foregoing copy of the Power of Attorney and affidavit, and the copy of the resolution adopted by the Board of Directors of said Company
as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that same are
correct transcripts thereof and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full c :e and effect.
.IN TESTIMONY WHEREOF, I have hereunto set my hand this 1oTE day of SEPTEKBER 2001 9
9ww-ti-3w
James H. Ferguson(JSecretary
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT NO
State of CALIFORNIA
COURty of SAN TW.Gn
On g-10-01 before me, S. LECGE, NOTARY PUBLIC I
DATE NAME. TITLE OF OFFICER - E.G., -JANE DOE. NOTARY PUBLIC
personally appeared CORRINE BROWN I
NAME(S) OF SIGNER(S)
@! personally known to me - OR - c] proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS ,my hand and official seal.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL
0 CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
[7 PARTNER(S) 0 LIMITED q GENERAL
0 ATTORNEY-IN-FACT
0 TRUSTEE(S)
i ;;UA;IAN/CONSERVATOR
‘. NUMBER, OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR WtTTY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
81993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Canoga Park. CA 91309-71~
~0~~#142575 FAITHFUL PERFORMANCE/WARRANTY BOND PREMIUM: INCLUDED IN PAYMENT BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution
No. 2001-263 , adopted August 21, 2001 , has awarded to
Ronald Locke Construction I (hereinafter
designated as the “Principal”), a Contract for: Concrete Replacement Contract NO. STS2001-01.
in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and
other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of
which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond for the faithful performance and warranty of said Contract;
NOW, THEREFORE, WE, Ronald Locke Construction , as Principal,
(hereinafter designated as the “Contractor”), and AMF.RICAN CONTRACTORS INDEMNIn COMPANY
as Surety, are held and firmly bound unto the City of Carlsbad,
Ninety two thousand, nine hund’red thirty seven and
in thesum of 35/10o * * * * * * * Dollars ($92,937-25 ), said sum being equal to
one hundred percent (100%) of the estimated amount of the Contract, to be paid to City or its certain
attorney, its successors and assigns; for which payment, well and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly
by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and well
and truly keep and perform the covenants, conditions, and agreements in the Contract and any
alteration thereof made as therein provided on their part, to be kept and performed at the time and in
the manner therein specified, and in all respects according to their true intent and meaning, and shall
indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein
stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and
effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there
shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees,
incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in
any judgment rendered.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the work to be performed thereunder or the specifications accompanying the
same shall affect its obligations on this bond, and it does hereby waive notice of any change,
extension of time, alterations or addition to the terms of the contract or to the work or to the
specifications.
43 9/l l/O0 Contract No. STS2001-01 Page 34 of 62 Pages
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall
not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this 1OTH Executed by SURETY this 10’1% day of
day of SEPTEMBER ,20 01 -- SEPTEMBER ,20 01 -*
CONTRACTOR: SURETY:
RONALD D. LOCKE DBA RON LOCKE p wCTIO#MERICAN CONTRACTORS INDEMNITY COMPANY
(name of Contractor) (name of Surety)
WY- 3
(sign here)
RONALD D. LOCKE, OWNER
(print name here)
(Title and Organization of Signatory)
By:
(sign here)
(print name here)
1081 CAMINO DEL RIO SOUTH 1107 SD, CA 92108
(address of Surety)
619-2m290n
/te\epqone bumber of Surety)
By: _I-___--- y&Fact)
(Attach corporate resolution showing current
power of attorney.)
(Title and Organization of signatory)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
p3 9/11/00 Contract No. STS2001-01 Page 35 of 62 Pages
State of Californi
Date
personally appeared
l&AL h-h/: poLlic* ,
c. Name and $e of Officer (e.g., “Jane D e, Notary Public”)
Ld-P L.
\Nhe(s) of Signer(s) c I L
pdp ersonally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
Place Notary Seal Above
WI N /Pm and official seal.
/ I Signature of Notary Pubk
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name:
0 Individual
II Corporate Officer - Title(s):
L’ Partner - El Limited El General
U Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
lop of thumb here
Q ,997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 * Chatsworih, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-600-876-6827
A
American Contractors Indemnity Company
Los Angeles, California
POWER OF ATTORNEY
WOW ALL MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS INDEMNITY COMPANY, a California Corporation
(the “Company”), and having its principal office in Los Angeles, California does hereby constitute and appoint:
Corrine Brown
as its true and lawful Attorney(s)-in-fact, in amount of + > 000.000.00 to execute, seal and deliver for and on its behalf as surety, any
and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may
be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance
of these presents, shall be as binding upon the said AMERICAN CONTRACTORS INDEMNITY COMPANY, as fully and amply, to all
intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected offtcers at its principal office.
This Power of Attorney is executed, and may be certified to and may he revoked, pursuant to and by authority of resolutions adopted by the Board
of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY, at a meeting called and held on the 6th day of December, 1990.
RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary,
shall have power and authority.
1. To appoint Attorney(s)-in-fact and to authorize them to execute on behalf of the Company, and attach the Seal of the Company
thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and,
2. To remove, at any time, any such Attorney-in-fact and revoke the authority given.
RESOLVED FURTHER, that the signature of such officers and the seal of the Company may be affixed to any such power of attorney or
any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall
be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.
N WITNESS WHEREOF, AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to be signed and its
corporate seal to be affixed by its authorized officer this 9th day of Map 2000 .
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
AMERICAN MPANY
By:
on May 9, 2000 before me, Deborah Reese personally appeared Andy Faust
personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
wlTNl?X mv hand ad nffwial wal . . **1.-v “‘, . ..a.... ..l.V “.I..dSU. IV..=. Commission If 12054Ex3 Notuy Public -California g 105 Angeles county F’ MyCunm.~Jor16,a3o3
CERTIFICATION
1. the undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I have compared the
foregoing copy of the Power of Attorney and affidavit, and the copy of the resolution adopted by the Board of Directors of said Company
as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that same are
correct transcripts thereof and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full
force and effect.
IESTIMONY WHEREOF, I have hereunto set my hand this loTB day of SEPTEMBBB 2001
%m- a- a--’
James H. Ferguson~Secretary
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT NO. ~5907
State of CALIFORNIA
County of SAN DTEG~
On g-10-01
DATE
personally appeared
before me, S. LECGE, NOTARY PUBLIC 1
NAME. TITLE OF OFFICER _ E.G., -JANE WE. NOTARY PUBLIC
COltRINk BROWN I
NAME(S) OF SIGNER(S)
!!8 personally known to me - OR - 17 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their z!TzF-J signature(s) on the instrument the person(s),
1. #1235743 c) ,) IAHy ,,UaC~C.(,~a?lFOF’~IA s‘&p, rJif$o I)qpTY $ or the entity upon behalf of which the
.I . .,F-lrl\c person(s) acted, executed the instrument.
WITNESS my hand and official seal.
\
\ ‘\ i’
\ ,’ I., ’ ( ;: r: A
: :., ‘\ i/f+ OF NOTARY
OPTIONAL“‘ --
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
q INDIVIDUAL
0 CORPORATE OFFICER
l-m-w) TITLE OR TYPE OF DOCUMENT
q PARTNER(S) cl LIMITED q GENERAL
0 All-ORNEY-IN-FACT ‘.
0 TRUSTEE(S)
NUMBER, OF PAGES
0 GUARDIAN/CONSERVATOR
[7 OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSCN(S) OR ENTWIES)
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY AsOClATlON l 8236 Remmet Ave., P.O. Box 7184 l Cancga Park, CA gt309-7184
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 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called “City” and
whose address is
hereinafter called
“Contractor” and whose address is
called “Escrow Agent.”
hereinafter
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows:
1. Pursuant to sections 22300 and 10263 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 Concrete Replacement Contract NO. STS2001-01 in the
amount of dated (hereinafter referred to as the
“Comract”). 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 Escrow Agent shall maintain insurance to cover negligent acts and omissions of the escrow
agent in connection with the handling of retentions under these sections in an amount not less than
$100,000 per contract. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account
q b 9/l l/00 Contract No. STS2001-01 Page 36 of 62 Pages
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.
7. 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.
8. 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.
9. The Escrow Agent shall rely on the written notifications from the City and the contractor pursuant
to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow
Agent harmless from Escrow Agent’s release, conversion and disbursement of the securities and
interest as set forth above.
10. The names of the persons who are authorized to give written notices or to receive written notice
on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of
their respective signatures are as follows:
For City: Title
Name
Signature
Address
For Contractor:
For Escrow Agent:
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.
Contract No. STS2001-01 Page 37 of 62 Pages
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
q kc 9/l l/O0 Contract No. STS2001-01 Page 38 of 62 Pages
SUPPLEMENTAL PROVISIONS
FOR
Concrete Replacement
CONTRACT NO. STS2001-01
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART 1, GENERAL PROVISIONS
SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS
1-l TERMS
Add the following section:
l-1 .l 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-1.2 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-1.4 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.
1-2 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.
43 9/11/00 Contract No. STS2001-01 Page 39 of 62 Pages
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.
Engineer - the Public Works Director of the City of Carlsbad or his/her approved representative.
The 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 Supplemental 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 Project Manager’s designated representative for inspection, contract
administration and first level for informal dispute resolution.
Project Manager-the Public Works Manager Construction/Maintenance 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.
1-3 ABBREVIATIONS
l-3.2 Common Usage, add the following:
Abbreviation Word or Words
Apts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Apartment and Apartments
Bldg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building band Buildings
CMWD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Carlsbad Municipal Water District
CSSD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Carlsbad Supplemental Standard Drawings
cfs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cubic Feet per Second
Comm . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commercial
DR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dimension Ratio
E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Electric
G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Gas
gal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Gallon and Gallons
Gar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Garage and Garages .
43 9/l l/00 Contract No. STS2001-01 Page 40 of 62 Pages
GNV ....................................... Ground Not Visible
gpm.. ...................................... gallons per minute
IE ........................................... Invert Elevation
LCWD.. .................................. Leucadia County Water District
MSL ....................................... Mean Sea Level (see Regional Standard Drawing M-12)
MTBM .................................... Microtunneling Boring Machine
NCTD.. ................................... North County Transit Distrct
OHE ....................................... Overhead Electric
OMWD.. ................................. Olivenhain Municipal Water District
ROW ...................................... Right-of-Way
S ............................................ Sewer or Slope, as applicable
SDNR .................................... San Diego Northern Railway
SDRSD .................................. San Diego Regional Standard Drawing
SFM ....................................... Sewer Force Main
T ............................................. Telephone
UE.. ........................................ Underground Electric
W ........................................... Water, Wider or Width, as applicable
VWD ...................................... Vallecitos Water District
SECTION 2 -- SCOPE AND CONTROL OF THE WORK
2-3 SUBCONTRACTS.
2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring
the Contractor to complete 50 percent of the contract price with its own organization, the Agency may
at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of the
value of the work performed in excess of 50 percent of the contract price by other than the
Contractor’s own organization. The City Council shall be the sole body for determination of a violation
of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a
public hearing before the City Council and shall be notified ten (10) days in advance of the time and
location of said hearing. The determination of the City Council shall be final.
2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, “who
is listed in the latest version of U.S. Department of Treasury Circular 570,“.
Modify paragraphs three and four to read: The Contractor shall provide a faithful perform-
ance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful
performance/warranty bond shall be in the amount of 100 percent of the contract price. The
Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount
equal to:
1) One hundred percent (100%) of the total amount payable by the terms of the contract when the
total amount payable does not exceed five million dollars ($5000,000).
2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total
amount payable is not less than five million dollars ($5000,000) and does not exceed ten million
dollars ($1 O,OOO,OOO).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract
exceeds ten million dollars ($1 O,OOO,OOO).
Both bonds shall extend in full force and effect and be retained by the Agency during this project until
they are released according to the provisions of this section.
The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days
after recordation of the Notice of Completion and will remain in full force and effect for the one year
v3 9/l l/00 Contract No. STS2001-01 Page 41 of 62 Pages
warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The
bonds to secure payment of laborers and materials suppliers shall be released six months plus 30
days after recordation of the Notice of Completion if all claims have been paid.
Add the following: All bonds are to be placed with a surety insurance carrier admitted and
authorized to transact the business of insurance in California and whose assets exceed their
liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the
following documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other
instrument entitling or authorizing the person who executed the bond to do so.
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the
insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the
execution of the bond. The financial statement shall be made by an officer’s certificate as defined in
Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may
be verified by the oath of the principal officer or manager residing within the United States.
2-5 PLANS AND SPECIFICATIONS.
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 written and promulgated by Joint
Cooperative Committee of the Southern California Chapter American Public Works Association and
Southern California Districts Associated General Contractors of California, and as amended by the
Supplemental Provisions section of this contract.
The construction plans consist of nine drawings, designated as City of Carlsbad Drawing Nos. G-2,
G-3, G-7, G-l 0, G-11, G-12, G-14A, G-l 46, and G-14C, as modified. 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 most recent editions of the City of Carlsbad Supplemental Standard Drawings, hereinafter
designated as CSSD, as issued by the City of Carlsbad and the Carlsbad Municipal Water District
Standard Plans hereinafter designated as CMWDSD, as issued by the Carlsbad Municipal Water
District. Copies of some of the pertinent standard drawings are enclosed as an appendix to these
Supplemental Provisions.
2-5.2 Precedence of Contract Documents, modify as follows: If there is a conflict between
Contract Documents, the document highest in precedence shall control. The precedence shall be
the most recent edition of the following documents listed in order of highest to lowest precedence:
1) Permits from other agencies as may be required by law.
2) Supplemental Provisions.
3) Plans.
4) Standard Plans.
a) City of Carlsbad Supplemental Standard Drawings.
b) Carlsbad Municipal Water District Standard Drawings.
c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings.
d) San Diego Area Regional Standard Drawings.
e) State of California Department of Transportation Standard Plans.
5) Standard Specifications for Public Works Construction.
6) Reference Specifications.
7) Manufacturer’s Installation Recommendations.
Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will
q h 9/l l/O0 Contract No. STS2001-01 Page 42 of 62 Pages
take precedence over items 2) through 7) above. Detailed plans and plan views shall have
precedence over general plans.
2-5.3.3 Submittals, add the following: Each submittal shall be consecutively numbered.
Resubmittals shall be labeled with the number of the original submittal followed by an ascending
alphabetical designation (e.g. The label ‘4-C’ would indicate the third instance that the fourth
submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively
numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal
on the Contractor’s letterhead. The Letter of transmittal shall contain the following:
1) Project title and Agency contract number.
2) Number of complete sets.
3) Contractor’s certification statement.
4) Specification section number(s) pertaining to material submitted for review.
5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for
the same materials.)
6) Description of the contents of the submittal.
7) Identification of deviations from the contract documents.
When submitted for the Project Manager’s review, Shop Drawings shall bear the Contractors
certification that the Contractor 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 Project Manager within ten (10) days of
completion of the work. Payment for performing the work required by section 2-5.4 shall be included
in the various bid items and no additional payment will be made therefor.
2-9 SURVEYING.
2-9.1 Permanent Survey Markers, Delete sections 2-9.1 and replace with the following: The
Contractor shall not cover or disturb permanent survey monuments or benchmarks without the
consent of the Project Manager. Where the Engineer concurs, in writing, with the Contractor that
protecting an existing monument in place is impractical, the Contractor shall employ a licensed land
surveyor or a registered civil engineer authorized to practice land surveying within the State of
California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The
Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after
construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as
@% % 9/l l/O0 Contract No. STS2001-01 Page 43 of 62 Pages
required by $3 8772 and 8773, et seq. of the California Business and Professions Code.
When a change is made in the finished elevation of the pavement of any roadway in which a
permanent survey monument is located, the Contractor shall adjust the monument frame and cover
to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument
frames and covers shall be protected during street sealing or painting projects or be cleaned to the
satisfaction of the Engineer.
2-9.2 Survey Service, Delete sections 2-9.2 and replace with the following: The Contractor shall
hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for
establishing control, construction staking, records research and all other surveying work necessary to
construct the work, provide surveying services as required herein and provide surveying, drafting and
other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor
shall be resident on the site during all surveying operations and shall personally supervise and certify
the surveying work.
Add the following section:
2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform to the
requirements of section 2-5.3.3, “Submittals”, herein. The Contractor shall submit grade sheets to
the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall
submit field notes for all surveying required herein to the Engineer within ten days of performing the
survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound
form on 215mm by 280 mm (8’/2)) by 11”) paper. The field notes, calculations and supporting data
shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from
earlier surveys and all other evidence used by the Surveyor to determine the location of the
monuments set. The field notes and calculations will be labled with name of the Surveyor, the party
chief, field crew members and preparer of the field notes or calculations. They shall be annotated
with the date of observation or calculation, be numbered with consecutive page numbers and shall
be readable without resort to any electronic aid, computer program or documentation for any
computer program. The field notes shall be prepared in conformance with the CALTRANS ‘Surveys
Manual”. The Contractor shall have a Record of Survey prepared by the Surveyor and file it in
conformance with 95 8700 - 8805 of the State of California Business and Professions Code when the
Surveyor performs any surveying that such map is required under $5 8762 of the State of California
Business and Professions Code and whenever the Surveyor shall establish, set or construct any
permanent survey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks
and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are
at, or accessory to, property corners and street centerlines are permanent survey monuments. The
Record of Survey shall show all monuments set, control monuments used, the basis of bearings and
all other data needed to determine the procedure of survey and the degree of accuracy attained by
the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not
exceed 1 part in 40,000. The record of survey shall show the location and justification of location of
all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s)
shall be submitted for the Engineer’s review and approval before submittal to the County Surveyor
and before submittal to the County Recorder.
2-10 AUTHORITY OF BOARD AND ENGINEER.
Add the following section:
2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, 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:
q b 9/l i/o0 Contract No. STS2001-01 Page 44 of 62 Pages
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 and to contractually require all subcontractors to this Contract to do the same. The
Engineer shall have the right to monitor, assess, and evaluate Contractor’s and its subcontractors
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 and the staff of all subcontractors to this contract. At any time during normal
business hours and as often as the Engineer may deem necessary, upon reasonable advance
notice, Contractor shall make available to the Engineer for examination, all of its, and all
subcontractors to this contract, 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 and all subcontractors to this contract shall maintain such data and records for as long as
may be required by applicable laws and regulations.
SECTION 3 -- CHANGES IN WORK
3-2 CHANGES INITIATED BY THE AGENCY.
3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in
quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of
contract unit price for such items will be limited to that portion of the change in excess of 25 percent
of the original quantity listed in the Contractor’s bid proposal for this contract. Adjustments in excess
of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work.
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 and 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 surcharge rates published therein are not a part of
this contract.
3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following:
(4 Work by Contractor. The following percentages shall be added to the Contractor’s costs
and shall constitute the markup for all overhead and profits:
1) Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
2) Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
3) Equipment Rental . . . . . . . . . . . . . . . . . . . 15
4) Other Items and Expenditures . . 15
To the sum of the costs and markups provided for in this section, 1 percent shall be added as
compensation for bonding.
(b) Work by Subcontractor. When all or any part of the extra work is performed by a
Subcontractor, the markup established in section 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
q b 9/l l/O0 Contract No. STS2001-01 Page 45 of 62 Pages
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 the Contractor shall have first given the
Engineer due written notice of potential claim as hereinafter specified. Compliance with this section
shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time
Accounting, nor to any claim that is based on differences in measurement or errors of computation
as to contract quantities. The written notice of potential claim for changed conditions shall be
submitted by the Contractor to the Engineer upon their discovery and prior to the time that the
Contractor performs the work giving rise to the potential claim. The Contractor’s failure to give
written notice of potential claim for changed conditions to the agency upon their discovery and before
they are disturbed shall constitute a waiver of all claims in connection therewith.
The Contractor shall provide the City with a written document containing a description of the
particular circumstances giving rise to the potential claim, the reasons for which the Contractor
believes additional compensation may be due and nature of any and all costs involved within 20
working days of the date of service of the written notice of potential claim for changed conditions.
Verbal notifications are disallowed.
Contract No. STS2001-01 Page 46 of 62 Pages
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-l 2655. 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.”
By: Title:
Date:
Company Name:
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 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. Public Works Director
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 the Contractor may proceed under the provisions of the Public Contract Code.
The authority within the dispute resolution chain of command is limited to recommending a resolution
to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions
in the contract.
9/l 1 IO0 Contract No. STS2001-01 Page 47 of 62 Pages
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.
(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
9/l 1 /oo Contract No. STS2001-01 Page 48 of 62 Pages
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 .lO) of Title 3 of Part 3 of the Code of Civil Procedure,
notwithstanding Section 1141 .ll 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.
20194.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed
except as otherwise provided in the contract.
(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any
arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court
of law.
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP.
4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe
q tc 9/l l/00 Contract No. STS2001-01 Page 49 of 62 Pages
access to any and all parts of work at any time. Such free and safe access shall include means of
safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the
safety of persons as contained in the State of California, California Code of Regulations, Title 8,
Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety
Orders and such other safety regulations as may apply. 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, delete the phrase, “and a reasonable amount of retesting”, from the third
sentence of the first paragraph.
add the following: Except as specified in these Supplemental Provisions, the Agency will bear the
cost of testing of locally produced materials and/or on-site workmanship where the results of such
tests meet or exceed the requirements indicated in the Standard Specifications and the
Supplemental 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 the
Engineer 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, appearance, durability, compatibility with
associated items, availability of repair parts and suitability of application the Contractor shall remove
the substituted item and replace it with the originally specified item at no cost to the Agency.
Add the following section:
4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE.
The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the
quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate,
remove and dispose excess of all materials used to accomplish the Work. Materials shall be
delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be
accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor
as consignee, the project name and number, address of delivery and name of consignor and a
description of the material(s) shipped. Prior to storage of any materials which have been shipped to
or by the Contractor to any location within the Agency’s boundaries the Contractor shall provide the
Engineer a copy of lease agreements for each property where such materials are stored. The lease
agreement shall clearly state the term of the lease, the description of materials allowed to be stored
and shall provide for the removal of the materials and restoration of the storage site within the time
allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to
?3 9/11/00 Contract No. STS2001-01 Page 50 of 62 Pages
the materials stored and to preparation of the storage site and the location of the site on which the
materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor’s
responsibility. Conformance to the requirements of this section, both within and outside the limits of
work are a part of the Work. The Engineer shall have the right to verify the suitability of materials
and their proper storage at any time during the Work.
SECTION 5 -- UTILITIES
5-l LOCATION.
Delete the first paragraph and substitute 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 conformance with section 5-6 the Contractor shall coordinate the work with
utility agencies and companies. Prior to the installation of any and all utility structures within the limits
of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb
and gutter that is a part of the work and adjacent to the location where such utility structures are
shown on the plans and are noted as being located, relocated or are otherwise shown as installed by
others. 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 the Engineer’s approval, may be
permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is
approved by the Engineer the Contractor shall place survey or other physical control markers
sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company.
Such temporary omission shall be for the Contractor’s convenience and no additional compensation
will be allowed therefor or for additional work, materials or delay associated with the temporary
omission. The portion thus omitted shall be constructed by the Contractor immediately following the
relocation of the utility involved unless otherwise directed by the Engineer.
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.
Add the following section:
6-2.3 Project Meetings. The Engineer will establish the time and location of weekly 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 attendance of the Contractor, the Contractors
Representative or any other employee or subcontractor or subcontractor’s employee at these
meetings will be made.
6-6 DELAYS AND EXTENSIONS OF TIME.
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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 sixty (60) working days after the starting date specified in the Notice to
Proceed.
6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Engineer, the
hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays,
excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the
Contractor desires to work outside said hours or at any time during weekends and/or holidays. This
written permission must be obtained at least 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.
No work shall be performed by the contractor within 1000’ of any school during school hours. The
Contractor shall incorporate the dates, areas and types of work prohibited in this section in the
Construction Schedule required by section 6.1. No additional payment, adjustment of bid prices or
adjustment of contract time of completion will be allowed as a consequence of the prohibition of
work being performed within the dates, areas and/or types of work prohibited in this section.
Contractor is hereby advised that the Engineer will require after hours and weekend work on an
interim basis to accomplish any work within 1000’ of any school. The work to be performed within
1000’ of any school will definitely require weekend work.
6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following:
The Engineer will not accept the Work or any portion of the Work before all of the Work is
completed and all outstanding deficiencies that may exist are corrected by the Contractor and the
Engineer is satisfied that all the materials and workmanship, and all other features of the Work,
meet the requirements of all of the specifications for the Work. Use, temporary, interim or
permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the
Engineer’s judgment, the Work has been completed and is ready for acceptance the Engineer will
so certify to the Board. Upon such certification by the Engineer the Board may accept the
completed Work. Upon the Board’s acceptance of the Work the Engineer will cause a “Notice of
Completion” to be filed in the office of the San Diego County Recorder. The date of recordation
shall be the date of completion of the Work.
Delete the first sentence of the third paragraph and substitute the following two sentences: All
work shall be warranted for one (1) year after recordation of the “Notice of Completion” and any
faulty work or materials discovered during the warranty period shall be repaired or replaced by the
@B Ec 9/11/00 Contract No. STS2001-01 Page 52 of 62 Pages
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 four hundred dollars ($400).
Execution of the Contract shall constitute agreement by the Agency and Contractor that four hundred
dollars ($400) 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.
Modify as follows: All insurance is to be placed with insurers that have a rating in Best’s Key Rating
Guide of at least A-:V and are admitted and authorized to conduct business in the state of California
and are listed in the official publication of the Department of Insurance of the State of California.
7-4 WORKERS’ COMPENSATION INSURANCE.
Add the following: All insurance is to be placed with insurers that are admitted and authorized to
conduct business in the state of California and are listed in the official publication of the Department
of Insurance of the State of California. Policies issued by the State Compensation Fund meet the
requirement for workers’ compensation insurance.
7-5 PERMITS.
Delete the first sentence and add the following four sentences: Except as specified herein the
agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, resource
agency and building permits necessary to perform work for this contract on Agency property, in
streets, highways (except State highway right-of-way), railways or other rights-of-way. Contractor
shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain
and pay for all permits for the disposal of all materials removed from the project. The cost of said
permit(s) shall be included in the price bid for the appropriate bid item and no additional
compensation will be allowed therefor.
7-7 COOPERATION AND COLLATERAL WORK.
Add the following section:
7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies
during the relocation or construction of their lines. The Contractor may be granted a time extension
if, in the opinion of the Engineer, a delay is caused by the utility company. No additional
compensation will be made to the Contractor for any such delay.
7-8 PROJECT SITE MAINTENANCE.
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7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein
shall also be executed on weekends and other non-working days when needed to preserve the
health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust
control throughout the duration of the Contract. The Engineer may require increased levels of
cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety
and welfare of the public. Cleanup and dust control shall be considered incidental to the items of
work that they are associated with and no additional payment will be made therefor.
7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a
construction meter for water used for the construction, plant establishment, maintenance, cleanup,
testing and all other work requiring water related to this contract. The Contractor shall contact the
appropriate water agency for requirements. The Contractor shall pay all costs of temporary light,
power and water including hookup, service, meter and any, and all, other charges, deposits and/or
fees therefor. Said costs shall be considered incidental to the items of work that they are associated
with and no additional payment will be made therefor.
7-8.6 Water Pollution Control. ..Add the following The Contractor shall comply with all
requirements of the storm water pollution and monitoring plan prepared for this project in accordance
with the California State Water Resources Control Board order number 2001-01, NPDES General
Permit number CAS0108758 as both may be amended or superceded and the ‘Water Discharge
Requirement for Discharges of Storm Water Runoff Associated with Construction Activity”
Add the following section:
7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped
with mufflers in good repair when in use on the project with special attention to the City Noise Control
Ordinance, Carlsbad Municipal Code Chapter 8.48.
7-10 PUBLIC CONVENIENCE AND SAFETY.
7-10.1 Traffic and Access. add the following: The Contractor shall schedule the work so as to
prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not
schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by
calling the City’s contracted waste disposal company, Coast Waste Management at 929-9400.
Seventy two hours prior to the start of any construction in the public right-of-way that affects vehicular
traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the
impending disruption. For a full street closure, all residences and/or businesses on the affected
street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs,
the residences and/or businesses directly affected by the work shall be notified.
The notification shall be hand delivered and shall state the date and time the work will begin and its
anticipated duration. The notification shall list two telephone numbers that may be called to obtain
additional information. One number shall be the Contractor’s permanent office or field office and the
other number shall be a 24 hour number answered by someone who is knowledgeable about the
project. At least one of the phone numbers shall be in the (760) area code. An answering machine
shall not be connected to either number. The notification shall also give a brief description of the
work and simple instructions to the home or business owner on what they need to do to facilitate the
construction. The Contractor shall submit the contents of the notification to the Engineer for
approval. Notices shall not be distributed until approved by the Engineer.
For residences, the notification shall be precut in a manner that enables it to be affixed to a
doorknob without adhesives. It shall be a minimum size of 3-l/2 inches by 8-l/2 inches and shall be
brightly colored with contrasting printing. The material shall be equivalent in strength and durability to
p3 9/11/00 Contract No. STS2001-01 Page 54 of 62 Pages
65 lb. card stock. The printing on the notice shall be no smaller than 12 point. An example of such
notice is provided in Appendix “A”.
In addition to the notifications, the contractor shall post no parking signs 48 hours in advance of the
work being performed. The no parking signs shall state the date and time of parking restriction for a
duration not to exceed the time necessary to complete the work at that location. Failure of the
contractor to meet the posted date requires re-posting the no parking signs 48 hours in advance of
the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed
and re-posted 48 hours in advance of the rescheduled work.
The preparation, materials, printing and distribution of the notifications shall be included in the
contract price bid for traffic control and the Contractor will not be entitled to any additional
compensation for printing and distributing these notices.
7-10.3 Street Closures, Detours, Barricades. Modify the second paragraph as follows: After
obtaining the Engineers approval and at least 5 working days before closing, detouring, partially
closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the
following :
1) Public Works Supervisor/Street Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (760) 434-2939
2) Carlsbad Fire Department Dispatch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (760) 931-2197
3) Carlsbad Police Department Dispatch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (760) 931-2197
4) Carlsbad Traffic Signals Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..*.......*.... (760) 438-2980 X-2937
5) Carlsbad Traffic Signals Operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (760) 438-l 161 X4500
6) North County Transit District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (760) 743-9346
7) Coast Waste Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (760) 929-9400
The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer’s
written approval prior to deviating from the requirements of 2) through, and including, 7) above. The
Contractor shall obtain the written approval no less than five working days prior to placing any traffic
control that affects bus stops.
7-10.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in
accordance with the plans, Chapter 5 of the California Department of Transportation “Manual of
Traffic Controls,” 1996 edition and these Supplemental Provisions. If any component in the traffic
control system is damaged, 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
($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility,
whichever is the greater.
Add the following section:
7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control
devices shall be maintained throughout the duration of work in good order and according to the
approved traffic control plan. All construction area signs shall conform to the provisions of section
206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of section
214-5.1 .et seq. All temporary reflective channelizers shall conform to the provisions of section 214-
5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform
to the provisions of section 21 O-l .6 et seq. except that all temporary paint shall be rapid dry water
borne conforming to section 210-l .6for materials and section 310-5 et seq. For workmanship.
Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction
and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory
?3 9/11/00 Contract No. STS2001-01 Page 55 of 62 Pages
signs, lights and devices shall be promptly removed by the Contractor when no longer required.
Warning and advisory signs that remain in place overnight shall be stationary mounted signs.
Stationary signs that warn of non-existent conditions shall be removed from the traveled way and
from the view of motorists in the traveled way or shielded from the view of the travelling public during
such periods that their message does not pertain to existing conditions. Care shall be used in
performing excavation for signs in order to protect underground facilities. All excavation required to
install stationary construction area signs shall be performed by hand methods without the use of
power equipment. Warning and advisory signs that are used only during working hours may be
portable signs. Portable signs shall be removed from the traveled way and shielded from the view of
the travelling public during non-working hours. During the hours of darkness, as defined in Division
1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of
the Contractor, shall be in conformance with the provisions in section 206-7.2 et seq. If illuminated
traffic cones rather than post-type delineators are used during the hours of darkness, they shall be
affixed or covered with reflective cone sleeves as specified in CALTRANS “Standard Specifications”,
except the sleeves shall be 180 mm (7”) long. Personal vehicles of the Contractor’s employees shall
not be parked within the traveled way, including any section closed to public traffic. Whenever the
Contractor’s vehicles or equipment are parked on the shoulder within 1.8 m (6’) of a traffic lane, the
shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper
in advance of the parked vehicles or equipment and along the edge of the pavement at not less than
7.6 m (25’) intervals to a point not less than 7.6 m (25’) past the last vehicle or piece of equipment. A
minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work
Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a sign post or
telescoping flag tree with flags. The sign post or flag tree shall be placed where directed by the
Engineer.
Add the following section:
7-10.3.2 Maintaining Traffic. The Contractor’s personnel shall not work closer than 1.8 m (6’), nor
operate equipment within 0.6 m (2’) from any traffic lane occupied by traffic. For equipment the 0.6 m
(2’) shall be measured from the closest approach of any part of the equipment as it is operated
and/or maneuvered in performing the work. This requirement may be waived when the Engineer has
given written authorization to the reduction in clearance that is specific to the time, duration and
location of such waiver, when such reduction is shown on the traffic control plans included in these
contract documents, when such reduction is shown on the traffic control plans prepared by the
Contractor and approved by the Engineer or for the work of installing, maintaining and removing
traffic control devices. As a condition of such waiver the Engineer may require the Contractor to
detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or
provide barriers.
During the entire construction, a minimum of one paved traffic lane, not less than.3.6m (12’) wide,
shall be open for use by public traffic in each direction of travel.
Add the following section:
7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing
traffic lanes or pedestrian walkways in accordance with the details shown on the plans, CALTRANS
“Manual of Traffic Control”, 1996 edition and provisions under “Maintaining Traffic” elsewhere in
these Supplemental Provisions. The provisions in this section will not relieve the Contractor from its
responsibility to provide such additional devices or take such measures as may be necessary to
maintain public safety.
When lanes are closed for only the duration of work periods, all components of the traffic control
system, except portable delineators placed along open trenches or excavation adjacent to the
traveled way, shall be removed from the traveled way and shoulder at the end work period. If the
Contractor so elects, said components may be stored at selected central locations, approved by the
@B b 9/l l/O0 Contract No. STS2001-01 Page 56 of 62 Pages
Engineer, within the limits of the right-of-way.
Add the following section:
7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe
operations, traffic shall be controlled with lane closures, as provided for under “Traffic Control System
for Lane Closure” of these Supplemental Provisions or by use of an alternative traffic control plan
proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic
striping operations using an alternative plan until the Contractor has submitted its plan to the
Engineer and has received the Engineer’s written approval of said plan.
Add the following section:
7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished,
placed, maintained and removed in accordance with the minimum standards specified in Chapter 5
of the ‘Traffic Manual”, 1996 edition published by CALTRANS. Whenever the work causes
obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place
prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall
be provided at all times for traveled ways open to public traffic. All work necessary, including any
required lines or marks, to establish the alignment of temporary pavement delineation shall be
performed by the Contractor. When temporary pavement delineation is removed, all lines and marks
used to establish the alignment of the temporary pavement delineation shall be removed by grinding.
Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material.
Temporary pavement delineation shall not be applied over existing pavement delineation or other
temporary pavement delineation. Temporary pavement delineation shall be maintained until
superseded or replaced with permanent pavement delineation.
Temporary pavement delineation shall be removed when, as determined by the Engineer, the
temporary pavement delineation conflicts with the permanent pavement delineation or with a new
traffic pattern for the area and is no longer required for the direction of public traffic. When temporary
pavement delineation is required to be removed, all lines and marks used to establish the alignment
of the temporary pavement delineation shall be removed.
9/l 1 /oo Contract No. STS2001-01 Page 57 of 62 Pages
Add the following section:
7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan
Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the
project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor
shall have such new or modified TCP prepared and submitted as a part of the Work for any and all
construction activities that are located within the travelled way. The Contractor shall have TCP
prepared and submitted as a part of the Work for any construction activities that are a part of this
project that are not included in the project plans. The Contractor must submit the TCP for the
Engineer’s review in conformance with the requirements of section 25.3, et seq. and obtain the
Engineer’s approval of the TCP prior to implementing them. The minimum 20 day review period
specified in section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP,
new, modified or added to, for the Engineer’s review. New or revised TCP submittals shall include
all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in
sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of
features affecting the traffic control plan and the methodology proposed to transition to the
subsequent TCP phase. When the vertical alignment of the travelled surface differs from the
finished pavement elevation vertical curves must also be shown. The level of detail, format, and
graphics shall be of quality and size no less than those on “Standard Specifications Reference Traffic
Control Plan” Drawing number 368-5. Such modifications, supplements and/or new design of TCP
shall meet the requirements of the Engineer and of the “MANUAL OF TRAFFIC CONTROLS”, 1996
Edition as published by the State of California Department of Transportation. Such modification,
addition, supplement, and/or new design of TCP shall be prepared by a registered professional
engineer appropriately registered in the State of California. The Engineer shall be the sole judge of
the suitability and quality of any such modifications, supplements, and/or new designs to TCP. The
Engineer may approve any such modifications, supplements, and/or new designs to the TCP when,
in the Engineer’s sole opinion, such modifications, supplements, and/or new designs to the TCP
prepared by the registered professional engineer retained by the Contractor will be beneficial to the
best interests of the Agency. Such modification, addition, supplement, and/or new design shall not be
implemented and no work shall be commenced that is contingent on such approval until the changed
TCP are approved by the Engineer. The preparation of such modification, addition, supplement,
and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any
fashion. Submittal and review requirements for such modifications, supplements, and/or new
designs to TCP shall conform to the requirements of section 2-5.3 Shop Drawings and Submittals.
Add the following section:
7-10.3.7 Payment The Contractor shall provide traffic control at the contract lump sum price bid.
The contract lump sum price paid for “traffic control” shall include full compensation for furnishing all
labor (including flagging costs), materials (including signs), tools, equipment and incidentals, and for
doing all the work involved in preparation, reproduction and changing of traffic control plans, placing,
applying traffic stripes and pavement markers with bituminous adhesive, removing, storing,
maintaining, moving to new locations, replacing, and disposing of the components of the traffic
control system as shown on the plans and approved additions and modifications, as specified in
these supplemental provisions, and as directed by the Engineer. All expenses and time to prepare
and review modifications, additions, supplements and/or new TCP designs shall be included in the
lump sum bid for traffic control and no additional payment will be made therefor. Flagging costs will
be paid for as a part of the Lump Sum Amount for “Traffic Control.” The cost of labor and material for
portable concrete barriers will be paid for at the unit price bid. When there is no bid item the cost of
labor and material for portable concrete barriers they will be paid as an incidental to the work being
performed and no additional payment will be made therefor. Progress payments for “Traffic Control”
will be based on the percentage of the improvement work completed.
Add the following section:
?3 9/l l/O0 Contract No. STS2001-01 Page 58 of 62 Pages
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 and PAYMENT
9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK
9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall be
the U.S. Standard Measures.
43 PAYMENT.
9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall
not be affected by any payment but shall commence on the date of recordation of the “Notice of
Completion”
9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following:
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 the
Contractor’s 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.
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
3 +c 9/l l/O0 Contract No. STS2001-01 Page 59 of 62 Pages
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 written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to
ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the
Contractor’s claims. 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 payment for the disputed items.
9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in
the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted
in a written statement by the Contractor no later than the date of receipt of the final payment
estimate. Those final payment items disputed in the written statement required in subsection 9-3.2
shall be submitted no later than 30 days after receipt of the Final Payment estimate. 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 their resolution 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 will not be included in the progress estimate.
Add the following section:
v3 9/11/00 Contract No. STS2001-01 Page 60 of 62 Pages
9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will
be included in the various items of work and no other payment will be made.
?3 9/11/00 Contract No. STS2001-01 Page 61 of 62 Pages
APPENDIX “A”
RESIDENT NOTIFICATION EXAMPLE
I
ROAD WORK
ABC CONTRACTORS
OFFICE # (760)XxX-XXXX
Dear resident:
As a part of the City of Carlsbad’s ongoing program to maintain its infra-
structure, sidewalks on your street will be removed and replaced. This
construction will require the closing access to your driveway for one day.
Your street, from XYZ St. to XYZAve. will be affected on:
MON. TUE. WED. THU. FRI.
DATE:
from 7:OOA.M. to 5:00 P.M.
If you don’t plan to leave your home by 7:00 A.M. on the above date
please park your car on the street so that you will not need to cross the
sidewalk. Streets scheduled for resurfacing can be determined by calling
either the Contractor or the City of Carlsbad Street Maintenance Depart-
ment. When walking to and from your car, remember not to walk on the
newly poured sidewalk. Please do not drive, walk on, walk pets, play, or
skate on the newly poured concrete. Also, please refrain from watering
your lawns, washing cars, etc., approximately 6-8 hours after the con-
crete is poured as running water will cause damage to the new surface.
ABC is the Contractor that will be performing the resurfacing work for
the city and you may call them at
(76UJXXX-XXXX if you have any questions regarding the project. Resur-
facing of your street will not occur on the day your trash is collected. Mail
delivery may be delayed if the postman cannot reach the mailbox that
day. If you have a moving company scheduled for that day please call
and inform the Contractor of the date. If you have any concerns which
cannot be addressed by the Contractor, you may call the City’s Street
Maintenance Department at (760) 434-2980.
Thank you for your cooperation as we work to make a better City of
Carlsbad.
9/l 1 IO0 Contract No. STS2001-01 Page 62 of 62 Pages
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Weakened Plane Joint
-4 A
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+ “.
W t/2- 1
l with 6” Curb Face
I NOTES
1. Concrete shall be 520-C-3250
2. See Stondord Drawing G-10 for joint details.
3. Slope top of curb l/4” per foot toward street. LEGEND ON PLANS
Revision By Approved Dote ~C~MLNPEII BY THE SA’4 BEG0 SAN DIEGO REGIONAL STANDARD DRAWING REQONM sTumARDs cclwmx
ORIGINAL Kercheval 12/75 I
3/2$0
246 Dote
I
I CURB AND GUTTER - COMBINED nR*WlNG , “l\rn....-
NUMBER G-2
l/2’ R
l/2’ R /
Width OS shown on plan
Groove l/4’ deep, l/4’ R
“i/ - l/4’ per ft.
Weakened Plane Jaint
NOTES
1. Concrete shall be SO-c-3250 2. See Standard Draw-q G-10 far joint details.
3. MatMthic curb. gutter and sidewalk is to be used with Agency apfmwol only.
LEGEND ON PLANS
..:.:. ..*
Revision By Approved Date RECOUYfNDED BY lHE SAR DIEW . SAN DIEGO REGIONAL STANDARD DRAWING RfQaNAl s1ANRARRs COUNITTEE 3?IGINAL Kcrchcvol 12/75
MONOLITHIC CURB,
GUTTER AND SIDEWALK ORAwlNG (5-3 NUMBER
r ---_
I L ---- I ---- -- J
NON-CONTIGUOUS
I W& OS shown on don
f
SIDEWALK - TYPICAL SECTIONS
r- /
f- ---_ -J I Weakened Plom Joint
L ---_ ---- -- 1
coNrlGuous
NOTES
1. cxlncrete shou be 520-c-3z50
2. See StDndord Drowiq G-9 and C-10 far joint ddoik.
,
; -Expansion Joint Filler Material
3/8’ (Siiewolk)
,--l/8- R / 1 J . -4 1 , 5, . I s 1 I
L l/2’ x 24’ Smooth, or
oiled Bar, 30’ C.C.
EXPANSION JOINT CONTACT JOINT
Preformed Joint filler
* . . . . .
WEAKENED PLANE JOIM
GUITER AND PAVEMENT
I’ I
WEAKENED PLANE JOINT
CURB AND SIDEWALK
i; /-l/8’ R
KEYED JOIM
CONCRETE JOINT DETAILS
;Revision ?y!App roved Dote RECWNENOEO BY TNE W OKGO SAN DIEGO REGIONAL STANDARD DRAWING REQONM STANOAROS cmulTTEE
ORIGINAL I Kerchevol 1 Z/75
CONCRETE CURB, GUTTER,
SIDEWALK AND PAVEMNT REMOVAL AND REPLACEMENT DRAWING
NUMBER G-11
Existing Score Mark
SIDEWALK PLAN
Existing Score Mark
A+[{
I 5’ or from joint to ioint I 30’ Min. from existing
-/
Existing Joint or Edge
joint or edge of curb
I
CURB PUN
Existing Joint or Edge
PAVEMENT SECTION
Remoining edge to be smooth ond true with no shatter.-,
NOTE
Concrete to be removed
Whhcn didonce from, ‘Arm to be removed., to existing joint, edge or
score mark is less thon minimum shown, ‘Area to be removed’ shall
be extended to joint. edge or score mark. SECTION Showing Cut
E
h h u I v .I ---
I L ’ Contact Joints per Standord
I
bowing G-10 when
separote pours are mode
PIAN
SECTION A-A
NO-TES
1. Concrete shoil be S60-C-325a.
:
- -------- s Wmbd pkm p;nts.
. --=lypidfbwline.
4. 0=EkwJtiitok5hownonpbfu.
5. Return sqmentt to be I Thiclr
6. Curb betwesn P.C.R.s. shotl k considered OS
pad of ems gutter.
7. In all cases rubgrods shol k cMnpacted to 95% min
relative compoctii to depth of 12’.
Revision By Approved Dote SAN DIEGO REGIONAL STANDARD DRAWlNG
IRIGINAL Kerchevol 12/75
CROSS GUTTER
I I I
I I I I
LEGEND ON PUNS
flT%
RECOIWENOEO BY TNE SW UECO REGIONAL STANObROS CwYllTEE
DRAMNG
NUMBER G-12
1 : .: . - . . . . :.,
t . . . . _*-. . . . . _ . . . _ . . . . . . - . . - _ . . k
PIAN
Oriiay Curb Opa%g
2: 1 Tronsition
ELEVATION
Edge of Sidewolk y
5 l/2” Residentiol
5 l/2” Commercial
SECTION
NOTES
1. No concrete shall be placed until forms ond subgrode ore inspected by the Agency.
2. Concrete shall be 520-C--3250
3. See Stondord Drowings G-l 5 and G-l 6 for width and location requirements
4. Drivewoy romp to extend to 10 feet from curb face or to property line whichever is
less. (For commercial drivewoys only)
5. See Standord Drawings G-2 ond G-10 for curb and joint details.
Revision 6y Approved Dote SAN DIEGO REGIONAL STANDARD DRAWlNG RE- BY THE SAW WCC
R. Munoz 4197 REQONK !mNomos cwulnn ORIGINAL
I
CONCRETE DRIVEWAY
(Contiguous Sidewalk) E$fi G-14A
2:l Transition
I
R/W .
I I I 1
-1 E’ 0 -5 g
-* 0 VI i
Driveway Curb Opening -I’
Drive*ay Width
Sham On Pbns
Bottom of Curb
ELEVATION 112” R (typ.)
Edge of Sidewalk
I /““-ml Rise : . . . -.
5 1/2---f
.
SECTION
NOTES
1. No concrete shall be placed until forms and subgrade ore inspected by the Agency.
2. Concrete shall be 520-C-3250
3. See Standard Orowings G- 15 ond G- 16 for width and location requirements
4. Driveway romp to extend to 10 feet from curb face or to property line whichever is
less. (For commercial drivewoys only)
5. See Stondord Drawings G-2 ond G-10 far curb and joint details.
Revision By Approved Date SAN DIEGO REGIONAL STANDARD DRAWING QRICINAL R. Mm 419 ;
CONCRETE DRIVEWAY
(Non-contiguous Sidewalk)
RECWMENOEO BY IHE SAn DECO REmMu STANDARDS cwwTlEE
DRAWING
NUMBER G-14B J
Non-contiguous Sidewalk -T
NOTES
t
I
I . .: : -, . . - Contiguous
- . . . -. . . : \
; . . . .ine ._ . . / ---. . . . . . -.. I.\ .\\A...‘. _.
e resse . .
r :
.jl! I ‘-.-I! .: . .I L 3’-O-J- ..m>aGutter*# -.’ lz 3.-O: 1 . 1 _ . .
Sidewalk
PIAN
ELEVAllON
Edge of Sidewolk
SECTION
1. No concrete shall be placed until forms and subgrode ore inspected by the Agency.
2. Concrete shot1 be 520-C- 3250
3. See Stondord Drowings G-l 5 and G- 16 for width and location requirements
4. Drivewoy romp to extend to 10 feet from curb face or to property line whichever is
less. (For commercial drivewoys only)
5. See Standard Drowings G-2 ond G-l 0 for curb and joint detoils.
Revision By Approved Date
R. Munoz 4/97 SAN DIEGO REGIONAL STANDARD DRAWING RECWMENDED BY lNE SAN QEGU REQWK SmNDAmS CDMMlllEE
JRIGINAL
RESIDENTIAL
CONCRETE DRIVEWAY [PARKWAY LESS THAN 10’ IN DEPTH) K!Fi G-14c