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OFfI!;iAL ;:E@$ig Recording requested by: 1 1
pp-flp Cyy, fqp! ~ gty?"f- CITY OF CARLSBAD 1
JB,illll\Y 5. Jlif SI ,. ub ,z 'riuiiie When recorded mail to: 1 FEES : 7 ,: Tj!j 1
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City Clerk 1
City of Carlsbad 1
1200 Carlsbad Village Dr. 1
$#{ DI";g @&..T;{ REGOAI)E$!$ ZFfi -%
l~l!l~~!l~!lYYll~lYrl!!lu 1999-0375440 Carlsbad, CA 92008
Space above this line for Recorder's
NOTICE OF COMPLETION
Notice is hereby given that:
1. The undersigned is owner of the interest or estate stated below in the property
described.
2. The full name of the undersigned is City of Carlsbad, a municipal corporation.
3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad
92008.
4. The nature of the title of the undersigned is: In fee.
5. A work of improvement on the property hereinafter described was completed c
1999.
6. The name of the contractor, if any, for such work of improvement is Sierra Pacific
7. The property on which said work of improvement was completed is in the City o
County of San Diego, State of California, and is described as the Carlsbad S
Project No. 3597.
8. The address of said property is within the limits of the City of Carlsbad.
VERiFiCATlON OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive
California, 92008; the City Council of said City on May 18 , 1999, ac
above described work as completed and ordered that a Notice of Completion be filed
I declare under penalty of perjury that the foregoing is true and correct.
Executed on Mav 19 , 1999, at Carlsbad, California.
CITY OF CARLSBAD
KAREN R. KUNDTZ, Assistant
EXHIBIT 3
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CITY OF CARLSBAD I.
San Diego County
California
1 CONTRACT DOCUMENTS AND SPEC1 I PROVISIONS
'0 FOR
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1 CARLSBAD SKATE PA-RJ
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1 CQNTRACT NO. 3597
June 29,1998
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CITY OF CARLSBAD I.
I San Diego County
California e
I CONTRACT DOCUMENTS AND SPEC E PROVISIONS
'0 FOR a
I CARLSBAD SKATE PAR:
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1 CONTRACT NO. 3597
June 29,1998
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TABLE OF CONTENTS 8 ltem - P
NOTICE INVITING BIDS .............................................................................................................
CONTRACTORS PROPOSAL ...................................................................................................
BID SECURITY FORM
BIDDER’S BOND TO ACCOMPANY PROPOSAL
GUIDELINES FOR COMPLETING THE “DESIGNATION OF SUBCONTRACTOR AMOUNT OF SUBCONTRACTOR’S BID” AND “DESIGNATION OF OWNER OPERATOWLESSOR & AMOUNT OF OWNER OPERATOWLESSOR WORK FORMS
DESIGNATION OF SUBCONTRACTOR & AMOUNT OF SUBCONTRACTOR’S BID ...........
DESIGNATION OF OWNER OPERATOWLESSOR &AMOUNT OF OWNER OPERATO WL E SSOR WO RK ....................................................................................................
BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY
BIDDERS STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE ...................................
BIDDER’S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS’ LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS’ COMPENSATION ............................
BIDDER’ S STATEMENT OF RE-DEBARMENT
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BIDDERS DISCLOSURE OF DISCIPLINE RECORD ....................................................
BY BIDDER AND SUBMllTED WITH BID
CONTRACT PUBLIC WORKS
LABOR AND MATERIALS BOND ...............................................................................................
FAITHFUL PERFORMANCEWARRANTY BOND
RE.PRESENTATlON AND CERTIFICATION ..............................................................................
ESCROW AGREEMENT FOR SURETY DEPOSITS IN LIEU OF RETENTION (OPTIONAL) ..................................................................
NON-COLLUSION AFFIDAVIT TO BE EXECUTED I,
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SPECIAL PROVISIONS
SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 1 , GENERAL PROVl S IONS
SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS ..............
SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORI CONSTRUCTION PART 3, CO NSTRU CTl ON METHODS ........................................................
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CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Carlsbac
Drive, Carlsbad, California 92008-1989, until 4:OO P.M. on the 13‘h day of August, 1998, i
time they will be opened and read, for performing the work as follows: Construction of the C
Skate Park to include, but not be limited to, remedial grading, finish grading, storm drain, la1
planting and irrigation, and reinforced concrete.
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CARLSBAD SKATE PARK 1 CONTRACT NO. 3597
The work shall be performed in strict conformity with the specifications as approved by
Council of the City of Carlsbad on file with the Engineering Department. The specification!
work include the Standard SDecifications for Public Works Construction 1997 Edition, all he
designated “SSPWC” as issued by the Southern California Chapter of the American Publii
Association and as amended by the special provisions sections of this contract. Reference i:
made to the specifications for full particulars and description of the work.
The City of Carlsbad encourages the participation of minority and women-owned businesses
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contr;
utilize recycled and recyclable materials when available, appropriate and approved by the En
The City of Carlsbad may disqualify a contractor or subcontractor from participating in biddit
a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdictic
State of California as an irresponsible bidder.
No bid will be received unless it is made on a proposal form furnished by the Pui
Department. Each bid must be accompanied by security in a form and amount required by I:
bidder’s security of the second and third next lowest responsive bidders may be withheld
Contract has been fully executed. The security submitted by all other unsuccessful bidders
returned to them, or deemed void, within ten (IO) days after the Contract is awarded. Pur
the provisions of law (Public Contract Code section 10263), appropriate securities
substituted for any obligation required by this notice or for any monies withheld by the City tc
performance under this Contract. section 10263 of the Public Contract Code requires m
securities to be deposited with the City or a state or federally chartered bank in Californii
escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omis
the agent in connection with the handling of retentions under this section in an amount not I(
The documents which comprise the Bidder’s proposal and that must be completed,
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‘I $1 00,000 per contract.
8 executed and notarized are:
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1. Contractor's Proposal 8. Certificate of Insurance
2. Bidder's Bond 9. Bidder's Statement Re Debarment
3. Non-Collusion Affidavit 10. Bidder's Disclosure of Discipline Record
4. Designation of Subcontractors and Amount 11. Purchasing Department Representation
5. Designation of Owner Operator/Lessors 8, 12. Escrow Agreement for Security Deposit:
(optional, must be completed if the Bidc
wishes to use the Escrow Agreement fc
Security)
of Subcontractors Bid Certification
Amount of Owner Operator/Lessor Work
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6. Bidder's Statement of Financial
7. Bidder's Statement of Technical Ability and
Responsibility
Experience
All bids will be compared on the basis of the Engineer's Estimate. The estimated quan
approximate and serve solely as a basis for the comparison of bids. The Engineer's Est
$233,940.
No bid shall be accepted from a contractor who is not licensed in accordance with the pro\
California state law. The contractor shall state their license number, expiration c
classification in the proposal, under penalty of perjury. The following classifications are ac
for this contract: "A" in accordance with the provisions of state law.
If the Contractor intends to utilize the escrow agreement included in the contract documents
the usual 10% retention from each payment, these documents must be completed and s
with the signed contract. The escrow agreement may not be substituted at a later date.
Sets of plans, special provisions, and Contract documents may be obtained at the PL
Department, City Hall, 1200 Carlsbad Village Drive, Carlsbad, California, for a non-refundat
$25.00 per set. If plans and specifications are to be mailed, the cost for postage should be i
Any prospective bidder who is in doubt as to the intended meaning of any part of the c
specifications or other contract documents, or finds discrepancies in or omissions from the 1
and specifications may submit to the Engineer a written request for clarification or correcti
response will be made only by a written addendum duly issued by the Engineer a copy of v
be mailed or delivered to each person receiving a set of the contract documents. No addit
modification of or interpretation of any provision in the contract documents will be given c
may any bidder rely on oral directions.
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irreg
informality in such bids.
The general prevailing rate of wages for each craft or type of worker needed to execute the
shall be those as determined by the Director of lndustcial Relations pursuant to the sectio
1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a curr
of applicable wage rates is on file in the Office of the City Engineer. The Contractor to \II
Contract is awarded shall not pay less than the said specified prevailing rates of wages to a1
employed by him or her in the execution of the Contract.
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The Prime Contractor shall be responsible for insuring compliance with provisions of sectior
of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Sublett
Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer'
purposes of section 4107 and 41 07.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall
the Contract for work.
A pre-bid meeting and tour of the project site will be held at 2:OO p.m. on July 30, 1998.
All bids are to be computed on the basis of the given estimated quantities of work, as indicate
proposal, times the unit price as submitted by the bidder. In case of a discrepancy betwee
and figures, the words shall prevail. In case of an error in the extension of a unit price, the CI
extension shall be calculated and the bids will be computed as indicated above and compare
basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out and 1
written in with ink and must be initialed in ink by a person authorized to sign for the Contract0
Bidders are advised to verify the issuance of all addenda and receipt thereof one day
bidding. Submission of bids withou acknowled ment of addenda may be caus of r j ctio ( ~gor~, -t.o SP~ 5wko 1:dp 8-ra-4~ O+ Qwd)W
Bonds to secure faithful performance and warranty of the work and payment of labor
materials suppliers, in an amount equal to one hundred percent (100%) and fifty perceni
respectively, of the Contract price will be required for work on this project. These bonds
kept in full force and effect during the course of this project, and shall extend in full force ar
and be retained by the City until they are released as stated in the Special Provisions sectio
contract. All bonds are to be placed with a surety insurance carrier admitted and authc
transact the business of insurance in California and whose assets exceed their liabilitie
amount equal to or in excess of the amount of the bond. The bonds are to contain the f
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1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by other instrument entitling or authorizing the person who executed the bond to do so.
2) A certified copy of the certificate of authority of the insurer issued by the in
commissioner.
If the bid is accepted, the City may require copies of the insurer's most recent annual staterr
quarterly statement filed with the Department of Insurance pursuant to Article 10 (comrnenc
section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar
the insurer's receipt of a request to submit the statements.
Insurance is to be placed with insurers that have (1) a rating in the most recent Best's Ke:
Guide of at least A-:V, and (2) are admitted and authorized to transact the business of insu
the State of California by the Insurance Commissioner. Auto policies offered to rr
specification of this contract must: (1) meet the conditions stated above for all insurance COI
and (2) cover anv vehicle used in the performance of the contract, used onsite or offsite,
owned, non-owned or hired, and whether scheduled or non-scheduled. The auto in
certificate must state the coverage is for "any auto" and cannot be limited in any manner.
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Workers' compensation insurance required under this contract must be offered by a c
meeting the above standards with the exception that the Best's rating condition is waived. -
does accept policies issued by the State Compensation Fund meeting the requirement for \
compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. Any ac
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 submii
required bonds and insurance, as described in the contract, within twenty days of bid openir
Contractor fails to comply with these requirements, the City may award the contract to the sc
third lowest bidder and the bid security of the lowest bidder may be forfeited.
The prime contractor and all subcontractors are required to have and maintain a valid
Carlsbad Business License for the duration of the contract.
Approved by the City Council of the City of Carlsbad, California, by Resolution No 98-3ni
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August 4, 1998
Project @a*-
:witl a3 % :--- I ADDENDUM NO. 1
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RE:
Please include the attached addendum in the Notice to BidderIRequest for Bids 8
have for the above project.
This addendum--receipt acknowledged--must be attached to your Proposal Form]
when your bid is submitted.
CARLSBAD SKATE PARK, CONTRACT NO. 3597
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/ /%A I@@ Purchasing Officer
RF:jlk I Attachment
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1
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1200 Carlsbad Village Drive Carlsbad, CA 92008-1989 - (760) 434-2803 - FAX (760) 434-1
Base Bid
Additive Alternate A
Total Base Bid and Additive Alternate A I $1 86,940
47,000
$233,940
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e CITY OF CARLSBAD
CARLSBAD SKATE PARK
CONTRACT NO. 3597
CONTRACTOR'S PROPOSAL
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City Council
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
The undersigned declares he/she has carefully examined the location of the work, read
Notice Inviting Bids, examined the Plans, Specifications, Special Provisions and add€
thereto, and hereby proposes to furnish all labor, materials, equipment, transportation,
services required to do all the work to complete Contract No. 3597 in accordance with
Plans, Specifications, Special Provisions and addenda thereto and that helshe will take ir
payment therefor the following unit prices for each item complete, to wit:
SCHEDULE 1 :: PARK IMPROVEMENTS
Approximate
Quantity - No. Description and Unit Unit Price I a stem
1 Mobilization and preparatory 1 LS $ 4984T37 $4
work at a lump sum amount
not to exceed five Thousand I Dollars at
Dollars (Lump Sum)
2 Clearing and grubbing at 1 LS $ l~0ZP0 $A
Dollars (Lump Sum)
unclassified materials at
I Dollars (per Cubic Yard)
/993 3 Over excavation of 2,lOOCY $ / 9. - L f
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Approximate Item Quantity - No. DescriDtion and Unit Unit Price
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4 Excavation and compaction at 506 CY $ 2d#Pf@ $4
I 5 Import suitable materials at 422 CY $ 3). 3g - $4
Dollars (per Cubic Yard)
Dollars (per Cubic Yard)
$&$
Am@ $3.: 7 Install rock protection as 1 LS $3525 -
& 6 Fine grading at 14,909 SF - $ h
Dollars (per Square Foot)
shown on grading plan on
Sheet 3 of 16 including fabric
at
Dollars (Lump Sum)
grade at
Dollars (per Square Foot)
on-grade (walkway and picnic
area) at
Dollars (per SqGare Foot)
on-grade (curved and flat
ramps) at
Dollars (per Square Foot)
features: walls, curbs, steps, blocks at
8 Reinforced PCC slab-on- 10,000 SF $ 9. @F $4 I.
9 Unreinforced concrete slab- 1,472 SF $ 4 6L? $Ib'
$3 $7,- /st 10 Reinforced precast concrete 2,653 SF
11 Reinforced precast concrete 784 SF $ lt*?zi7 S-7 5
Dollars (per Square Foot) I.
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Approximate
Quantity - No. DescriDtion and Unit Unit Price I! Item
12 Stainless steel Pipe coping at 260 LF $ 4f*@ $4
13 Straight headwall (D30, 1EA $ 3982 d $2 Dollars (per Linear Foot) 77 7/
Type A) and rip-rap energy - dissipater type 2 (D-40) at
Dollars (Each)
shown on Sheet 3 at
* 14 Bronze grate and adaptor as 3 EA $5%*-- $ .(!
15 Reinforced Concrete Drain 2 EA $A@$ $ 2
16 12“ diameter PVC or HDPE 44 LF $ /ZZW& $ - 5
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Dollars (Each)
Boxes as shown on Sheet 3 at
7rr.l
Dollars (Each)
drain line at
Dollars (per Linear Foot)
drain line at 17 8” diameter PVC or HDPE 35 LF !§ &Z?@ $ 2,
18 2’ wide concrete swale as 40 LF $ 32.- $- g
19 Furnish and install galvanized 20 LF $ 52,06$ $ !d
Dollars (per Linear Foot)
shown on detail Sheet 16 at 1
I Dollars (per Linear Foot)
metal handrail as shown on detail Sheet 13 at I
I Dollars (Lump Sum)
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I 24 Sodlawnat 5,274 SF $ /.eg $2
sa%1_, 4 2/ $2 I
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Approximate Item Quantity
No. Descrbtion and Unit Unit Price
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20 Furnish and install San Diego 3EA $ /I 3tYHB $A
21 Construct 6" wide reinforced 240 LF $ D*%p $2
22 Furnish and install 7' (foot) 1 EA $29?p s $3
precast concrete Model I TR32RP/K trash receptacle at
Dollars (Each)
concrete mow strip as shown
in Detail V on Sheet 13 of the
plans at
Dollars (per Linear Foot)
Landscape Structures" handicapped accessible picnic
Model No. 113139J,
configuration 4, permanent or
A.E. at
1
7
Dollars (Each)
Landscape Structures" picnic table Model No. 113139J, configuration 4, permanent at
Dollars (Each)
/* 23 Furnish and install "7' (foot) 2 EA $2564 - $3
Dollars (per Square Foot)
vines (inc. staking) at
Dollars (Each)
25 Furnish and install 5 gallon 12 EA
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Approximate
Item Quantity - No. Description and Unit Unit Price
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26 Furnish and install 24” box 7 EA $ 3fi.fi3 $4 trees including staking and
fertilizer tablets per section
SSPWC at
Dollars (Each)
conduit as shown on plans at
Dollars (per Linear Foot)
conduits per plans at
Dollars (per Linear Foot)
throughout entire project area at
$4 27 Provide 1-4” Schedule 40 PVC 220 LF $2- m I
28 Provide 2-2” Schedule 40 PVC 220 LF $ I!. mR $2
29 Provide herbicide treatment 19,650 SF $ eJ*sf $4
30 Furnish and install 5 gallon 42 EA $a2. - $4 Dollars (per Square Foot)
shrubs at
i/6 *
Dollars (Each)
drinking fountain Model No.
3202 at
31 Furnish and install “Haws” 1 EA $$m*pg $- l;f
Dollars (Each)
automatic irrigation system at
Dollars (Lump Sum)
311z 9,
32 Furnish and install fully 1 LS $ a342 $-
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34 Furnish and install custom 1 EA $4G! Q&:@i% L5z 1
35 Provide 30-day maintenance 1 LS $ 7s7S3 $ - I: I
36 Pavement striping and 50 LF $ k%s66 $54
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cf&! $2C I
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1 38 Chain link fence, 5’ high at 203 LF $ Ip, *L// I” $3,
39 F & I concrete work bench as 1 LS $ (5% ?%$& -
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Approximate
Itern Quantity
33 Furnish and install steel
a
- No. Description and Unit Un;itPFrk I
4EA $ $ 72 bollards as shown on plans at
Dollars (Each)
entry monument sign
(Contractor to provide shop I drawings) at
Dollars (Each)
of landscaping and irrigation I system at
Dollars (Lump Sum)
symbols (blue) and signage at
Dollars (per Linear Foot)
per plans and details at
Doilars (per Square Feet)
-7- 37 Decomposed Granite walkway 400 SF $ 6*
Dollars (per Linear Feet)
shown as plans at
Dollars (Lump Sum)
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Approximate
Quantity
- No. DescriDtion and Unit Unit Price
' 0 Item
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40 F & I artwork as described in 1 LS $ 216% $ Q Section 215-1, Skate Park
Artwork at
Dollars (Lump Sum)
Total amount of base bid in words (Items 1 through 40):
Total amount of bid in numbers (Items I through 40): $
[tern Quantity No. Description
Approximate
and Unit $&9. - 7 -
A-1 Furnish and install park 1 LS $ 9,
flf far4* lighting system at
Dollars (Lump Sum)
Price(s) given above are firm for 90 days after date of bid opening.
OPENED, WITNESSED AND RECORDED:
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The Undersigned has carefully checked all of the above figures and understands that the Ci?
be responsible for any error or omission on the part of the Undersigned in preparing this bid.
The Undersigned agrees that in case of default in executing the required Contract with ne
bonds and insurance policies within twenty (20) days from the date of award of Contract by
Council of the City of Carlsbad, the City may administratively authorize award of the contra
second or third lowest bidder and the bid security of the lowest bidder may be forfeited.
The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensc
business or act in the capacity of a contractor within the State of Capnia, validly license
an affidavh.
A bid submitted to the City by a Contractor who is not licensed as a contractor pursuar
Business and Professions Code shall be considered nonresponsive and shall be rejected by
§ 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be inv
by the failure of the bidder to be licensed in accordance with California law. However, at
the contract is awarded, the contractor shall be properly licensed. Public Contract Code § :
The Undersigned bidder hereby represents as follows:
1. That no Council member, officer agent, or employee of the City of Carlsbad is pe
interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder,
representation, oral or in writing, of the City Council, its officers, agents, or employees has i
him/her to enter into this Contract, excepting only those contained in this form of Contract
papers made a part hereof by its terms; and
2. That this bid is made without connection with any person, firm, or corporation making E
the same work, and is in all respects fair and without collusion or fraud.
Accompanying this proposal is 6iW ,fb& (Cash, Certified Checl
or Cashier's Check) for ten percent (10%) of the amount bid.
The Undersigned is aware of the provisions of section 3700 of the Labor Code which require
employer to be insured against liability for workers' compensation or to undertake self-insur
accordance with the provisions of that code, and agrees to comply with such provisions
commencing the performance of the work of this Contract and continue to comply until the co
complete.
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2,
to the general prevailing rate of wages for each craft or type of worker needed to exec
Contract and agrees to comply with its provisions.
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license number ?As2 , classification which ex
, and that this statement is true and correct and has the legal
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IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname) of proprietor
(3) Place of Business
City and State
(Street and Number)
I (4) Zip Code Telephone No.
+I IF A PARTNERSHIP. SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname and character of partner) (Note: Signature must be made
by a general partner)
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(3) Place of Business
(Street and Number) I 0 City and State
(4) Zip Code Telephone No.
IF A CORPORATION. SIGN HERE:
(1) Name under which business is conducted \cl> ic<ca QLiGC &5YJ2
- ---
--
PC~ih+ (Title)
Impress Corporate Seal he
... ... ... ... ...
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Dieno
On August 13,1998 before me, Michelle Burrier, Notarv Public
personally appeared Thomas L. Brown
X personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person
whose name is subscribed to the within instrument acknowledged to me that he executed the same in
authorized capacity and that by his signature on
instrument the person, or the entity upon behalf of wI
the person acted, executed the instrument
WITNESS my hand and official seal.
Date Name and Title of Officer (e g "Jane Doe, Notary Public')
Name@) of Signer@)
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prev
fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity Claimed by Signer
Signer's Name. Thomas L. Brown Signer's Name:
Individual Individual
Title(s): President Title(@: Partner - Limited General Partner - Limited General
Attorney-in-Fact Attorney-in-Fact
Trustee Trustee
Bid Documents
- X Corporate Officer Corporate Officer
Guardian or Conservator RIGHT THUMBPRINT Guardian or Conservator RIGHT THUMBPR
Other: OF SIGNER Other: OF SIGNER
Top of thumb he Top of thumb here
Signer is Representing: Signer is Representing:
Sierra Pacific West. Inc.
SPW 6/96 I Ibc
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6 (3) Incorporated under the laws of the State of
@ (4) Place of Business \tzkrLj (!A 4 <
City and State ,inih~ PJ+ I (5) Zip Code 3-W3-I(p@ Teleihone NO. 7coO- ~732-0382-4
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACI
List below names of president, vice president, secretary and assistant secretary, if a corpora
partnership, list names of all general partners, and managing partners: I
. G?iiihV
L- 6m ca
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BIDDER'S BOND TO ACCOMPANY PROPOSAL
KNOW ALL PERSONS BY THESE PRESENTS:
That We, SIERRA PACIFIC WEST. INC. as Surety are held and firmly bound unto the City of Carisbad, California, ~n an amount a
{must be at least ten percent (10%) of the bid amount)TEN PERCENT OF BID AMOUNT payment, weil and truly made, we bind ourselves, our hers, executors and adm
successors or assigns, jointly and severally, firmly by these presents.
ME CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the propo:
above-bounden Principal for:
I as Principal, and RELIANCE INSURANCE
*.
CARLSBAO SKATE PARK CONTRACT NO. 3597
in the City of Carisbad, is accepted by the City Council, and if the Principal shall duly ente
execute a Contract including required bonds and insurance policies within twenty (20) day date of award of Contract by the City Council of the City of Carlsbad, being duly notific
award. then this obligation shall become null and void; otherwise, it shall be and remain ir and effect. and the amount specified herein shall be forfeited to the said City. I
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In the event Principal executed this bond as an individual, it is agreed that the deaah of Prir
not exonerate the Surety from its obligations under this bond.
Executed by PRINCIPAL this
'
136 day Executed by SURET/ this 23RD
SURETY:
RELIANCE INSURANCE COMPANY
1 4275 EXECUTIVE SQUARE #700
1 -m JULY t 1Stg
-- SIERRA PACIFIC WEST, INC.
(name of Surety)
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LA JOLLA, CA 92037
(address of Surety) -L_
L- h n 619-455-6566 e, (telephone number of Surety)
$! ByY /,''/J/3/((/ -) /z-Z-e='c~ - /27
(signdture of Attorney-in-Facv /
I (sign here) (printed name of Attorney-in-Fact)
1. power of attorney.)
Pc-ikk
(Title and Organization of Signatory) I /
-- By: RONALD B. GUY
(print name here) (Attach corporate resolution showing
(title and organization of signatary)
(Proper notarial acknowledge of execution by PRINCIPAL and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporation
one officer signs, the corporation must attach a resolution certified by the secretary or secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
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By: 1' c.cii,- i \i --A - B Assistant City Attorney
g 1/08/98 Contract No. 3597 Page I8 of 9
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I ALL-PURPOSE ACKNOWLEDGMENT
I q'state of California
1 1 personally appeared
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I i 0 TRUSTEE(S)
.~.~.~.r).~.~.~.~.~.~.~.~.~~~.~.~..
County of JPSV &/tLU 1 ss.
.J*& Ly 9'3, Ivy8 before me, fG-i .cc L @fL ;/
(DATE) (NOTARY)
I i On
&,l>r&J? /3 L l( y
SIGNER(S) 1 dpersonally known to me - OR- c] proved to me on the basis of satisfac
evidence to be the person(s) whose n_a_~
is/are subscribed to the within instrumen
acknowledged to me thathdshekhey exec
the same in his/her/their author
capacity(ies), and that by is/her/
si.nature(s) on the instrument the pex(
or the entity upon behalf of which
person(s1 acted, executed the instrument
WITNESS my hand and official seal.
G & , 44 d//%'
v' 1 NOTARY'S SIGNATURE
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OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this ack
1 CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUM
I I edgment to an unauthorized document.
0 INDIVIDUAL i 0 CORPORATEOFFICER
TITLE OR TYPE OF DOCUMENT
TITLE@) 1 0 PARTNER(S) NUMBER OF PAGES c] ATTORNEY-IN-FACT
0 GUARDIANKONSERVATOR DATE OF DOCUMENT I 1 0 OTHER
OTHER
RIGHT THUMBPRINT r
.~.~.~.~.~.~.~.~.~.rl).~.~.~.~~~.~.~
OF
SIGNER
SIGNER IS REPRESENTING:
Ij
NAME OF PERSON(S) OR ENTITY(1ES)
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VALLEY-SIERRA, 800-362-3369
'4 I APA 5/97
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GUIDE FOR COMPLETING
THE "DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTORS BID"
AND
"DESIGNATION OF OWNER OPERATOR/LESSOR AND
AMOUNT OF OWNER OPERATOWLESSOR WORK FORMS
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REFERENCES Prior to preparation of the following Subcontractor and Owner Operato
disclosure forms Bidders are urged to review the definitions in section 1-2 of the SSPWC ar
Special Provisions to this Contract especially, "Bid", "Bidder", "Contract", "Contractor", 'I/
Price", "Contract Unit Price", "Engineer", "Subcontractor" and "Work" and the definitions in SE
2 of the Special Provisions especially "Own Organization" and "Owner Operator/Lessor." Bid(
further urged to review sections 2-3 SUBCONTRACTS of the SSPWC and section 2-3.1 (
Special Provisions.
CAUTIONS Bidders are cautioned that failure to provide complete and correct informati
result in rejection of the bid as non-responsive. Any bid that proposes performance of more
percent of the work by other than the Contractor's own organization will be rejected i
responsive.
INSTRUCTIONS Bidders shall use separate disclosure forms for each Subcontractor or
Operator/Lessor (O+O) of manpower and equipment that is proposed to be used to comp
All items of information must be completely filled out.
Where the bid item will be installed by more than one Subcontractor or Owner Operator/Le:
percentage of the bid item installed by the Subcontractor or Owner Operator/Lessor being I
the line of the form must be entered under the column "O/O of Item by Sub" or "O/O of Item b
as applicable. If a Subcontractor or Owner OperatorlLessor installs or constructs any portion
item the entire amount of the Contract Unit Price shall be multiplied by the Quantity of the t
that the Subcontractor or Owner Operator/Lessor installed.
Suppliers of materials from sources outside the limits of work are not subcontractors. The \
materials and transport for materials from sources outside the limits of work, as shown on the
shall be assigned to the Contractor, the Subcontractor, or the Owner Operator/Lessor as tt
may be, installing them. The value of material incorporated in any Subcontracted or
Operator/Lessor installed bid item that is supplied by the Contractor shall not be included as i
of the portion of the work that the Contractor is required to perform with its own organization.
The item number from the "CONTRACTORS PROPOSAL" (Bid Sheets) shall be entered in 1
Item No." column.
When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the numbc
be entered on the form. If the Subcontractor does not have a valid business license enter "NC
8 Work.
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Bidders shall make any additional copies of the disclosure forms as may be necessary to proc
required information. The number of additional form pages shall be entered on the first form I
each type so duplicated.
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Bidder may, at its option, combine bid items on a single row in the chart on the disclosure fr
using this option the Bidder must indicate the bid item numbers to which the information in
pertains. This option may not be used where the subcontractor or Owner Operator/l
constructing or installing less than 100 percent of a bid item. The percentages and dollar a
may be the sums of the bid items listed in that row.
When the Bidder proposes using a subcontractor or owner operatorlLessor to construct o
less than 100 percent of a bid item the Bidder must attach an explanation sheet to the design
subcontractor or designation of Owner Operator/Lessor forms as applicable. The explanatio
must clearly apprise the Agency of the specific tasks, materials and/or equipment that are pr
to be so supplied.
Determination of the subcontract and Owner Operator/Lessor amounts for purposes of awarl
contract shall determined by the City Council in conformance with the provisions of the (
documents and these Special Provisions. The decision of the City Council shall be final.
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DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR’S BID 0
The Bidder MUST complete each information field on this form for each subcontractor proposes to use. Additional copies of this form may be attached if required to accommoda Contractor’s decision to use more than one subcontractor. This form must be submitted as a the Bidder’s sealed bid. Failure to provide complete and correct information may result in rejec the bid as non-responsive.
The Bidder certifies that it has used the sub-bid of the following listed subcontractors in pre this bid for the Work and that the listed subcontractors will be used to perform the portions Work as designated in the list in accordance with applicable provisions of the specificatior section 4100 et seq. of the Public Contracts Code “Subletting and Subcontracting Fair Pr: Act.’’ The Bidder further certifies that no additional subcontractor will be allowed to perfor portion of the Work and that no changes in the subcontractors listed work will be made excep the prior approval of the Agency.
Full Company Name of Subcontractor:
Complete Address:
M. E. I.
615 W. 48’” Street
Street
San Bernardo, CA 92407
City State Zip
Telephone Number plus Area Code: 909-881 -0614
California State Contractors License No. & Classification: 664395 Class: C-10
Carlsbad Business License No.: None 0
OWNER OPERATOWLESSOR BID ITEMS
Explanation: Column 1 - Bid Item No. from the bid proposal, pages 7-12. Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor’s own forces. Column 4 - The dollar amount of the overhead and profit for the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price item on bid proposal pages 7-12.
Page of pages of this form a
1/08/98 Contract No. 3597 Page 21 of 97
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DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
The Bidder MUST complete each information field on this form for each subcontractoi proposes to use. Additional copies of this form may be attached if required to accommoc Contractor's decision to use more than one subcontractor. This form must be submitted as i the Bidder's sealed bid. Failure to provide complete and correct information may result in reje the bid as non-responsive.
The Bidder certifies that it has used the sub-bid of the following listed subcontractors in pi this bid for the Work and that the listed subcontractors will be used to perform the portion Work as designated in the list in accordance with applicable provisions of the specificatic section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair P Act.'' The Bidder further certifies that no additional subcontractor will be allowed to perfc portion of the Work and that no changes in the subcontractors listed work will be made exce the prior approval of the Agency.
Full Company Name of Subcontractor:
Complete Address:
City State Zip
Telephone Number plus Area Code:
California State Contractors License No. & Classification:
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Street
I '' Carlsbad Business License No.: I OWNER OPERATOWLESSOR BID ITEMS
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I E~D I a n at i on: Column 1 - Bid Item No. from the bid proposal, pages 7-12. Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the overhead and profit for the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid pric item on bid proposal pages 7-12. 1
Page of pages of this form
em p,s 1/08/98 Contract No. 3597 Page 21 of 97
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DESIGNATION OF OWNER OPERATOWLESSOR AND
AMOUNT OF OWNER OPERATOWLESSOR WORK
The Bidder MUST complete each information field on this form for each owner operator/or (O+O) that it proposes to use to perform any portion of the Work. Additional copies of this fc
be attached if required to accommodate the Contractor's decision to use more th
subcontractor. This form must be submitted as a part of the Bidder's sealed bid. Failure to
complete and correct information may result in rejection of the bid as non-responsive. Excep
individuals listed below the Bidder certifies that no Owner Operator/Lessor will be allowed to
any portion of the Work. The Bidder further certifies that no changes in the Owner Operatoi
listed work will be made except upon the prior approval of the Engineer. Provide a separate s
each Owner Operatorliessor. See section 1-2 of the Special Provisions for definition of
Operator/Lessor.
Full Owner OperatodLessor Name:
Complete Address:
I.
Street
City State Zip
Telephone Number plus Area Code: ( 1 -
City of Carlsbad Business License No.:
OWNER OPERATOFULESSOR WORK ITEMS 'e
ExDlanation:
Column 1 - Bid Item No. from the bid proposal, pages 7-12.
Column 2 - The dollar amount of the item to be performed by the subcontractor.
Column 3 - The dollar amount of the item to be performed by Contractor's own forces.
Column 4 - The dollar amount of the overhead and profit for the item.
Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid pric
item on bid proposal pages 7-1 2.
Page of pages of this form
ew
Page 22 of 97 D t? 1/08/98 Contract No. 3597
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Dieno
On August 13,1998 before me, Michelle Burrier, Notary Public
personally appeared Thomas L. Brown
X personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person
Date Name and Title of Officer (e.g. "Jane Doe, Notary Public")
Name@) of Signer@)
whose name is subscribed to the within instrument,
acknowledged to me that he executed the same in
authorized capacity and that by his signature on
instrument the person, or the entity upon behalf of wt
the person acted, executed the instrument
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
fraudulent removal and reattachment of this form to another document.
Though the information below is not required by law, if may prove valuable to persons relying on the document and could preu
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity Claimed by Signer
Signer's Name: Thomas L. Brown Signer's Name:
Individual Individual
Title(s): President Title(s):
Partner - Limited General Partner - Limited General
Attorney-in-Fact Attorney-in-Fact
Trustee Trustee
Bid Documents
- X Corporate Officer Corporate Officer
Guardian or Conservator RIGHTTHUMBPRINT Guardian or Conservator RIGHT THUMBPI
Other: OF SIGNER Other: OF SIGNEF
Top of thumb h8 Top of thumb here
Signer is Representing: Signer is Representing:
Sierra Pacific West, Inc.
SPW6/96 I Ibc
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RESOLUTIONS A.ND UNANIMOUS WRI?TEN CONSENT
OF
BOARD OF DIRECTORS OF
SIERRA PACIFIC WEST, INC.
A California Corporation
TO BOARD ACTION WITHOUT A MEETING
Pursuant to Section 307 (b) of the Corporations Code of the State of California, and the
Bylaws of this Corporations Code of the State of California, and the Bylaws of this Corporation,
the undersigned, constituting all of the directors of SIERRA PACIFIC WEST, INC. a California
corporation, HEREBY unanimously consent to the actions taken by the Board of Directors of
said Corporation as December 13, 1996, by the following resolutions of the Board of Directors
of said Corporation made without a meeting of said Board of Directors:
RESOLVED, that any one signature of the CEO, President, or Secretary/CFO, or any
combination thereof, shall be and hereby are, authorized and empowered in the name and on
behalf of this Corporation, to take whatever action and execute whatever contract documents that
are needed to put said resolution into effect.
' @
We, the undersigned, unanimously consent to the foregoing resolutions, which shall relate
back to the date first above written in the foregoing consent.
&bfidU (g UfW
I SANDRA L. BROWN, CEO
Ldk42
B&ARA WE$, SECRETARYKFO
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BIDDERS STATEMENT OF FINANCIAL RESPONSIBILIT
(To Accompany Proposal)
Copies of the latest Annual Report, audited financial statements or Balance Sheets I
submitted under separate cover marked CONFIDENTIAL.
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BIDDER'S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
The Bidder is required to state what work of a similar character to that included in the p
Contract he/she has successfully performed and give references, with telephone numbers, \~lr
enable the City to judge hislher responsibility, experience and skill. An attachment can be us
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Name and Phone
No. of Person Name and Address
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STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE
Contra1
la
Completion Date Agency Pro-iect
12/96 City of Oceanside Frazee Road Improvements $t
CSDEngineering Dept.
300 North Coast Highway
Oceanside, CA 92054
Mr. Peter Biniaz
760-966-4753
5/96 City of San Diego Mission Bay South Shores - $3,C
9485 Aero Drive Phase 111
San Diego, CA 92123
Mr. Walt Seeley I 619-627-3200
4/98 City of Carlsbad Olivenhain Road Widening $1,7
Engineering Dept.
2075 Las Palmas Drive
Carlsbad, CA 92009
Mr. Richard Cook
760-438- 1 16 1
City of Oceanside El Corazon Dewatering and $2
CSDEngineering Dept. Grading
300 North Coast Highway
Oceanside, CA 92054
Mr. Harry Corder
I e 11/97
760-966-473 1
12/97 City of San Diego Camel Valley Community Park $6
9485 Aero Drive
San Diego, CA 92123
Mr. Gus Button
6 19-533-3 025
7/97 San Diego Unified Port District National City Marine Terminal $1,0
Paving P.O. Box 488
San Diego, CA 921 12
Mr. Don Southard
619-683-8998
5/94 Douglas E. Barnhart, Inc. Levee Repair $2,7
1698 1 Via Tazon, Suite H
San Diego, CA 92127
Mr. Mike Hall / Mr. Bill Sharp
Camp Pendleton
619-487-1 101 DO
Hateridge Insurance Services
10525 Vista Sorrento Pkwy #300
Sierra Pacific West, Inc.
ER'S & CONTRACTOR'S PROT
BA8 15 90 02
ALL OWNED AUTOS
SCHEDUCEDAUTOS
HIRED AUTOS
NON-OWNED AUTOS
EMPLOYERS UABIUTY
THE PROPRIETOR/
Per Item
Per Loss
ects General Skate Park
SHOULD ANY OF CRIBEO POLICIES
City of Carlsbad, 0 Its Officers & Employees
1200 Carlsbad Village Dr
Carlsbad CA 92008
30 * DAYS WIITEN NOTICE TO THE CERTIFICATE HOLDER NAMED TC
.cJ .$. ' 'r : 0- 2
c:
I (1 p0uCyM;TMBER: ~~678439
NAMEDINSURED: sierraFaci&westInc.
a
TIlIsmoRsEMEEsTcHANGEsmEPQLlrcY*PLEASEREAD~~Y*
CG20 IO 11 85 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS(F0RLMB)
Thisendotscmarrmoditirrinsurancepvidtduader~foUowmg:
COMMERCIAL GEPEUL LL4BILITI COVERAGE PART
ScHEI)ULE
NuneolPerson-w~ton: CITY OF CARLSBAD, ITS OFFICERS, EMPLOYEES, & VOLUNTEER;
-- -
(If no enuy appears above, infonnanon recprcd to compltte this endorstmtnr wd be shown in ttre deciararions as
appiicabie to ttuS endorscmcnt)
WHO IS INSURED (Section II) is amendcd to inciudc as an insurrd the pmon or organization shown in tfie Schcdrtle, e only with respect to liabdity ansmg out of "your work" for thaz insured by or for you.
ADDITIONAL INSURED PROVISIONS
l" IS AGREED TRAT THE FOLLOWING PROV?SION(S) AMEND THE COVERAGE PROVIDED TO THE
ADDITIONAL INsuRED(S) NAMED IN THls ENDORSEMENT (S) NAMED IN "ES ENDORSl3ENTAS
FOLLOWS : (ONLY THOSE CHECKED APPLY)
PRIMARY INSURANCE CLAUSE IT IS AGEED 'TEAT SUCH i"CE AS IS AFFORDED BY THIS POLICY FOR THE BE" OF THE
ADDRTONAL I"E, SHOWN SHALL BE PIulMpLRY I"CE, AND ANY OTHER I"CE
MAINTADED BY THE ADDiTIONAL INSURED(S) SW BE EXCESS M NON-CONTRIBUTORY, BUT ONLY AS RESPECTS ANY CLAIM, LOSS OB LIprBILITY ARISING OUT OF THE OPERATIONS OF TNE
NAMED INsuRED(S) OR ITS SUBCONTRACTORS, AND OXY IF SUCH CLAIM, LOSS OR LIABILITY IS
DETERMINED TO BE SOLELY THE NEGLIGBKE OR RESPONSIEEJXY OF THE NAMED KNSURED.
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BIDDER'S STATEMENT RE DEBARMENT I (To Accompany Proposal)
1. Have you or any of your subcontractors ever been debarred as an irresponsible bic
another jurisdiction in the State of California?
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x %b%ektdowkV* Yes no I
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2. If yes, what waslwere the name(s) of the agency(ies) and what wadwere the perk
debarment(s)? Attach additional copies of this page to accommodate more than two debarmt
I party debarred party debarred
I agency agency
period of debarment period of debarment 8
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BY CONTRACTOR:
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&zs,hY
(print nameltitle)
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BIDDER’S DISCLOSURE OF DISCIPLINE RECORD I (To Accompany Proposal)
Contractors are required by law to be licensed and regulated by the Contractors’ State I
Board which has jurisdiction to investigate complaints against contractors if a complaint regs
patent act or omission is filed within four years of the date of the alleged violation. A cc
regarding a latent act or omission pertaining to structural defects must be filed within 10 year
date of the alleged violation. Any questions concerning a contractor may be referred 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 Conti
State license Board two or more times within an eight year period?
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I Yes no NIA 2. Has the suspension or revocation of your contractors license ever been stayed?
Yes no
3. Have any subcontractors that you propose to perform any portion of the Work ever ha
contractor’s license suspended or revoked by the California Contractors’ State license Board
more times within an eight year period?
L & -tt.e hdl oc w k&W*
rJlh 1 no
Yes no
4. Has the suspension or revocation of the license of any subcontractor’s that you prop
perform any portion of the Wor ever been stayed?
90
Yes
5. If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the
disciplined, the date of and violation that the disciplinary action pertain to, describe the nature
violation and the disciplinary action taken therefor.
(Attach additional sheets if necessary)
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I BIDDER'S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED)
(To Accompany Proposal)
6. If the answer to either of 2. or 4. above is yes fully identify, in each and every case, tt
who's discipline was stayed, the date of the violation that the disciplinary action pertains to, d
the nature of the violation and the condition (if any) upon which the disciplinary action was st
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(Attach additional sheets if necessary)
(print nameltitle)
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NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
State of California 1
Countyof % 0.9 )
) ss.
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yy..Bs L. 6Com , being first duly sworn, deposi (Name of Bidder)
and says that he or she is Qfee5iAUt-
(Title)
of 5Ccra- P&&J Qh lc. zy\,cl
(Name of Firm)
the party making the foregoing bid that the bid is not made in the interest of, or on behalf
undisclosed person, partnership, company, association, organization, or corporation; that thl
genuine and not collusive or sham; that the bidder has not directly or indirectly induced or I
any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, cor
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall
from bidding; that the bidder has not in any manner, directly or indirectly, sought by agrc
communication, or conference with anyone to fix the bid price of the bidder or any other biddt
fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to
any advantage against the public body awarding the contract of anyone interested in the pr
contract; that all statements contained in the bid are true; and, further, that the bidder h
directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents t
or divulged information or data relative thereto, or paid, and will not pay, any fee to any corpc
partnership, company association, organization, bid depository, or to any member or agent thf
effectuate a collusive or sham bid.
and correct and th t this afida I declare under penal
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Subscribed and sworn to before me on the
(NOTARY SEAL)
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Dieao
On August 13,1998 before me, Michelle Burrier, Notarv Public
personally appeared Thomas L. Brown
- X personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person
Date Name and Title of ORcer (e g "Jane Doe, Notaly Public")
Name(s) of Signer@.)
whose name is subscribed to the within instrument an(
acknowledged to me that he executed the same in his
authorized capacity and that by his signature on the
SUBSCRIBED AND SWORN TO BEFORE ME
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prev6
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer@) Other Than Named Above:
Capacity Claimed by Signer
Signer's Name: Thomas L. Brown Signer's Name.
Individual Individual
Title( s): President Titlets):
Partner - Limited General Partner - Limited General
Attorney-in-Fact Attorney-in-Fact
Trustee Trustee
Noncollusion Affidavit
- X Corporate Officer Corporate Officer
Guardian or Conservator RIGHT THUMBPRINT Guardian or Conservator RIGHT THUMBPRII
Other: OF SIGNER Other: OF SIGNER
Top of thumb here Top of thumb her€
Signer is Representing: Signer is Representing:
Sierra Pacific West, Inc.
SPW 6/96 / Ibc
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CONTRACT
PUBLIC WORKS
This agreement is made this 16th day of Nnvemhe r r 19w , between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"),
and
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5\wcL 'QUA -Pi6 bi?\4\Gb , whose principal place of business
Er?c;s\;b &+ (he called "Contractor").
City and Contractor agree as follows:
1.
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Description of Work. Contractor shall perform all work specified in the Contract doc
CARLSBAD SKATE PARK
CONTRACT NO. 3597
JUNE 25,1998 I
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(hereinafter called "project")
2. Provisions of Labor and Materials. Contractor shall provide all labor, material!
equipment, and personnel to perform the work specified by the Contract Documents.
3. Contract Documents. The Contract Documents consist of this Contract, Notice lnvitir
Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of
Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Expr
Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plar
Specifications, the Special Provisions, addendum(s) to said Plans and Specifications and
Provisions, and all proper amendments and changes made thereto in accordance with this C
or the Plans and Specifications, and all bonds for the project; all of which are incorporated hc
this reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and install the v
indicated, specified, and implied by the Contract Documents. Any items of work not indic
specified, but which are essential to the completion of the work, shall be provided at the Con1
expense to fulfill the intent of said documents. In all instances through the life of the Contr
City will be the interpreter of the intent of the Contract Documents, and the City's decision re1
said intent will be final and binding. Failure of the Contractor to apprise subcontractors and m 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 Contra
shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specificati
Public Works Construction (SSPWC) 1997 Edition, hereinafter designated "SSPWC", as iss
the Southern California Chapter of the American Public Works Association, and as amended
Special Provisions section of this contract. The Engineer will close the estimate of work cor
for progress payments on the last working day of each month.
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5. Independent Investigation. Contractor has made an independent investigation
jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progres
work, and is aware of those conditions. The Contract price includes payment for all work tt
be done by Contractor, whether anticipated or not, in order to overcome underground conc
Any information that may have been furnished to Contractor by City about underground co
or other job conditions is for Contractor's convenience only, and City does not warrant 1
conditions are as thus indicated. Contractor is satisfied with all job conditions, including unde
conditions and has not relied on information furnished by City.
6. Hazardous Waste or Other Unusual Conditions If the contract involves
trenches or other excavations that extend deeper than four feet below the surface Contract
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
as defined in section 251 17 of the Health and Safety Code, that is required to be removed to
I, Class 11, or Class Ill disposal site in accordance with provisions of existing law.
B. Differing Conditions. Subsurface or latent physical conditions at the site differing fror
indicated.
C. Unknown Physical Conditions. Unknown physical conditions at the site of any I
nature, different materially from those ordinarily encountered and generally recognized as inhf
work of the character provided for in the contract.
City shall promptly investigate the conditions, and if it finds that the conditions do materially s(
or do involve hazardous waste, and cause a decrease or increase in contractor's costs of,
time required for, performance of any part of the work shall issue a change order unc
procedures described in this contract.
In the event that a dispute arises between City and Contractor whether the conditions m:
differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cos
time required for, performance of any part of the work, contractor shall not be excused frc
scheduled completion date provided for by the contract, but shall proceed with all work
performed under the contract. Contractor shall retain any and all rights provided either by coni
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 requirc
of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has co
and will comply with these requirements, including, but not limited to, verifying the eligibi
employment of all agents, employees, subcontractors, and consultants that are included
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8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Departn
Industrial Relations has determined the general prevailing rate of per diem wages in accordan1
California Labor Code, section 1773 and a copy of a schedule of said general prevailing wag1
is on file in the office of the City Engineer, and is incorporated by reference herein. Pursi
California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor sha
copies of all applicable prevailing wages on the job site.
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9. Indemnification. Contractor shall assume the defense of, pay all expenses of defer
indemnify and hold harmless the City, and its officers and employees, from all claims, loss, c
injury and liability of every kind, nature and description, directly or indirectly arising fro
connection with the performance of the Contract or work; or from any failure or alleged fi
Contractor to comply with any applicable law, rules or regulations including those relating t
and health; and from any and all claims, loss, damages, injury and liability, howsoever the sa
be caused, resulting directly or indirectly from the nature of the work covered by the Contracl
for loss or damage caused by the sole or active negligence or willful misconduct of the Ci
expenses of defense include all costs and expenses including attorneys’ fees for Ii
arbitration, or other dispute resolution method.
Contractor shall also defend and indemnify the City against any challenges to the awarl
contract to Contractor, and Contractor will pay all costs, including defense costs for the City. [
costs include the cost of separate counsel for City, if City requests separate counsel.
IO. Insurance. Contractor shall procure and maintain for the duration of the contract in:
against claims for injuries to persons or damage to property which may arise from or in cor
with the performance of the work hereunder by the Contractor, his or her agents, represer
employees or subcontractors. Said insurance shall meet the City’s policy for insurance as E
Resolution No. 91-403.
(A) Coverages And Limits Contractor shall maintain the types of coverages and minimu
indicted herein:
a. Comprehensive General Liability insurance: $1,000,000 combined single lir
occurrence for bodily injury and property damage. If the policy has an aggregate limit, a s
aggregate in the amounts specified shall be established for the risks for which the City or its
officers or employees are additional insured.
b. Automobile Liability insurance: $1,000,000 combined single limit per accident foi
injury and property damage. In addition, the auto policy must cover any vehicle used
performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and 1
scheduled or non-scheduled. The auto insurance certificate must state the coverage is f
auto” and cannot be limited in any manner.
c. Workers’ Compensation and Employers‘ Liability Insurance: Workers’ compensatic
as required by the Labor Code of the State of California and Employers’ Liability limits of $1 ,(
per incident. Workers’ compensation offered by the State Compensation Insurance F
acceptable to the City.
(8) Additional Provisions. Contractor shall ensure that the policies of insurance require(
this agreement contain, or are endorsed to contain, the following provisions. General L
Employers’ Liability and Automobile Liability Coverages:
a. The City, its officials, employees and volunteers are to be covered as additional insL
respects: liability arising out of activities performed by or on behalf of the Contractor; produl
completed operations of the contractor; premises owned, leased, hired or borrowed
contractor. The coverage shall contain no special limitations on the scope of protection affo
the City, its officials, employees or volunteers. All additional insured endorsements rn
evidenced using separate documents attached to the certificate of insurance; one for each cc
affording general liability, employers’ liability and auto liability coverage.
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b. The Contractor's insurance coverage shall be primary insurance as respects the 1
officials, employees and volunteers. Any insurance or self-insurance maintained by the
officials, employees or volunteers shall be in excess of the contractor's insurance and s
contribute with it.
c. Any failure to comply with reporting provisions of the policies shall not affect coverage F
to the City, its officials, employees or volunteers.
d. Coverage shall state that the contractor's insurance shall apply separately to each against whom claim is made or suit is brought, except with respect to the limits of the i
liability.
(C) "Claims Made" Policies. if the insurance is provided on a "claims made" basis, coveral
be maintained for a period of three years following the date of completion of the work.
(D) Notice Of Cancellation. Each insurance policy required by this agreement shall be er
to state that coverage shall not be nonrenewed, suspended, voided, canceled, or redl
coverage or limits except after thirty (30) days' prior written notice has been given to the
certified mail, return receipt requested.
(E) Deductibles And Self-insured Retention (S.I.R.) Levels. Any deductibles or self-
retention levels must be declared to and approved by the City. At the option of the City, eitl-
insurer shall reduce or eliminate such deductibles or self-insured retention levels as respc
City, its officials and employees; or the contractor shall procure a bond guaranteeing pay1
losses and related investigation, claim administration and defense expenses.
(F) Waiver Of Subrogation. All policies of insurance required under this agreement shall cc waiver of all rights of subrogation the insurer may have or may acquire against the City or ar
officials or employees.
(G) Subcontractors. Contractor shall include all subcontractors as insured under its poll
shall furnish separate certificates and endorsements for each subcontractor. Covera!
subcontractors shall be subject to all of the requirements stated herein.
(H) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating ir
Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the busii
insurance by the State of California Insurance Commissioner as admitted carriers as evidenc
listing in the official publication of the Department of Insurance of the State of California andlo
the standards specified by the City Council in Resolution No. 91-403.
(I) Verification Of Coverage. Contractor shall furnish the City with certificates of insurar
original endorsements affecting coverage required by this clause. The certificate
endorsements for each insurance policy are to be signed by a person authorized by that in:
bind coverage on its behalf. The certificates and endorsements are to be in forms approved
City and are to be received and approved by the City before the Contract is executed by the C
(J) Cost Of Insurance. The Cost of all insurance required under this agreement shall be ir
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11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resc
accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Ar
(commencing with section 20104) which are incorporated by reference. A copy of Articlc
included in the Special Provisions I section. The contractor shall initially submit all clair
$375,000 to the City using the informal dispute resolution process described in Public Contra
subsections 201 04.2(a), (c), (d). Notwithstanding the provisions of this section of the con1
claims shall comply with the Government Tort Claim Act (section 900 et seq., of the C
Government Code) for any claim or cause of action for money or damages prior to filing any
for breach of this agreement.
(A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to
must be asserted as part of the contract process as set forth in this agreement and not in anti
of litigation or in conjunction with litigation.
(B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it
considered fraud and the Contractor may be subject to criminal prosecution.
(C) Government Code. Contractor acknowledges that California Government Code :
12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly si
false claim to a public entity. These provisions include false claims made with deliberate ignoi
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 th
Claims Act, it is entitled to recover its litigation costs, including attorney's fees.
(E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a fal:
may subject the Contractor to an administrative debarment proceeding wherein the Contrac
be prevented from further bidding on public contracts for a period of up to five years.
(F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3. 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by referen
(G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarr
another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subco
from participating in future contract bidding.
I have read and understand all provisions of Section 11 above.
12. Maintenance of Records. Contractor shall maintain and make available at no cos
City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1
2, of the Labor Code. If the Contractor does not maintain the records at Contractor's princip
of business as specified above, Contractor shall so inform the City by certified letter accom
the return of this Contract. Contractor shall notify the City by certified mail of any change of q
of such records.
13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with
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 sut
for any monies withheld by the City to secure performance of this contract for any ot
established by this contract. Any other security that is mutually agreed to by the Contractor City may be substituted for monies withheld to ensure performance under this Contract.
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15. Provisions Required by Law Deemed Inserted. Each and every provision of
clause required by law to be inserted in this Contract shall be deemed to be inserted her
included herein, and if, through mistake or otherwise, any such provision is not inserted, (
correctly inserted, then upon application of either party, the Contract shall forthwith be pt
amended to make such insertion or correction.
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16. Additional Provisions. Any additional provisions of this agreement are set fortt
"General Provisions" or "Special Provisions" attached hereto and made a part hereof.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACt
*
(CORPORATE SEAL)
CONTRACTOR:
I (&$-be?ire)
L. &on ; Q-*&i-t- (print name and title) Tb-
KAREN R. KUNDTZ, AssisLant City CLt By:
(sign he re)
(print name and title)
90
President or vice-president and secretary or assistant secretary must sign for corporations
one officer signs, the corporation must attach a resolution certified by the secretary or a
secretary under the corporate seal empowering that officer to bind the corporation. 1
1 APPROVED AS TO FORM:
RONALD R. BALL
City Attorney t
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By: J),LJL,.k' Jdy -- -
Assistant City Attorn
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RESOLUTIONS AND UNANIMOUS WRITTEN CONSENT
OF
BOARD OF DIRECTORS OF
SIERRA PACIFIC WEST, INC.
A California Corporation
TO BOARD ACTION WITHOUT A MEETJNG -
Pursuant to Section 307 (b) of the Corporations Code of the State of California, and the
Bylaws of this Corporations Code of the State of California, and the Bylaws of this Corporation,
the undersigned, constituting all of the directors of SIERRA PACIFIC WEST, INC. a California
corporation, HEREBY unanimously consent to the actions taken by the Board of Directors of
said Corporation as December 13, 1996, by the following resolutions of the Board of Directors
of said Corporation made without a meeting of said Board of Directors:
RESOLVED, that any one signature of the CEO, President, or SecretaryKFO, or any
combination thereof, shall be and hereby are, authorized and empowered in the name and on
behalf of this Corporation, to take whatever action and execute whatever contract documents that
are needed to put said resolution into effect.
e
We, the undersigned, unanimously consent to the foregoing resolutions, which shall relate
back to the date first above written in the foregoing consent.
@bfid@- ~ uw
SANDRA L. BROWN, CEO
Dh
BfiARA WE$, SECRETARYKFO
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego
On
personally appeared Thomas L. Brown
g personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person
whose name is subscribed to the within instrument
acknowledged to me that he executed the same in
authorized capacity and that by his signature on
instrument the person, or the entity upon behalf of wl
the person acted, executed the instrument
WITNESS my hand and official seal.
&,%l;an, 23 i lq5q before me, Michelle Burrier, Notary Public
Name and Title of Officer (e g "Jane Doe, Notary Public') Date
Name(@ of Signer($
0 PTIONAL
Though the information below IS not required by law, it may prove valuable to persons relymg on the document and could prev
fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document
Document Date: Number of Pages
Signer(s) Other Than Named Above:
Capacity Claimed by Signer
Signer's Name: Thomas L. Brown Signer's Name.
Individual Individual
Title(s) P aesiden t Title( s) .
Partner - Limited General Partner - Limited General
Attorney-in-Fact Attorney-in-Fact
Trustee Trustee
Contract Documents
- X Corporate Officer Corporate Officer
Guardian or Conservator RIGHT THUMBPRINT Guardian or Conservator RIGHT THUMBPR
Other OF SIGNER Other: OF SIGNER
Top of thumb he Top of thumb here
Signer is Representing: Signer is Representing
Sierra Pacific West, Inc.
SPW 6/96 I Ibc
UUllU IYU. ULJIVOLL
Premium: $3,424.00
a FAITHFUL PERFORMANCENVARRANW BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by
designated as the "Principal"), a Contract for:
, has a
I (h
No. - 98-303 , adapted September 8, 1998
Sierra Pacific West, Inc.
CARLSBAD SKATE PARK
CONTRACT NO. 3597
in the City of Carlsbad, in strid conformity with the contract, the drawings and specifiE
other Contract Documents now on file in the Office of the City Clerk of the City of Carls
which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the teK
require the furnishing of a bond for the faithful performance and warranty of said Contract;
Sierra Pacific West, Inc. NOW, THEREFORE, WE. I as
(hereinafter designated as the "Contractor"). and
'Three hundred torty-two ousand
Re1iance Insurance Company
, as Surety, are held and firmly bound unto the City of
one hundred percent (100%) of the estimated amount of the Contract, to be paid to City or
attorney, its successors and assigns; for which payment, well and truly to be made
ourselves, our heirs, executors and administrators, successors or assigns, jointly and
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, '
executors. administrators, successors or assigns, shall in all things stand to and abide b) and truly keep and perform the covenants, conditions, and agreements in ?he Contrac
alteration thereof made as therein provided on their part, to be kept and performed at the t
the manner therein specified, and in all respects according to their true intent and meaning
indemnify and save harmless tbe City af Cartsbad, its officers, employees and agents,
stipulated, then this obligation shall become null and void; otherwise it shall remain in full
effect.
As a part of the obligation secured hereby and in addition to the face amount specified ther
shall be included costs and reasonable expenses and fees, including reasonable attorr
incurred by the City in successfully enforcing such obligation, all to be taxed as costs and i
any judgment rendered.
Surety stipulates and agrees that no change, extension of time, alteration or addition to th
the Contract, or to the work to be performed thereunder or the specifications accompi
same shall affect its obligations on this bond, and it does hereby waive notice of an extension of time, alterations or addition to the terms of .the contract or to the wark
specifications.
in the sum of three hundred f ifty-eighbag&&O($ 342,358. 00 1, said Sum bein 0
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0 In the event that Contractor is an individual, it is agreed that the death of any such Conk not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this 23 Executed by SURETY this I9th day
CONTRACTOR: SURETY:
day of October ,1!398 . October I 192
Sierra Pacific West, Inc. Reliance Insurance Company
4275 Executive Square # 00
La Jolla, CA 92037
Y (name of Sure
By: (address of Surety)
(telephone number of Surety)
Thomas L. Broyn 619-455-6566
(print name here)
Pres iden t
(Title and Organization of Signatory)
By:, Ronald B. Guy
(sign here) (printed name of Attorney-in-Fact)
(print name here) (Attach corporate resolution showir
0 -
power of attorney.)
(Title and Organization of signatory)
{Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attac
(President or vice-president and secretary or assistant secretary must sign for corporatic
one officer signs, the corporation must attach a resolution certified by the secretary c
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By: --& L-L 6 Ic:r ‘t.. - Assistant City Attorney
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I ALL-PURPOSE ACKNOWLEDGMENT
.~.-.~..IL.~.~.~.~.r).~.o.rl).~.~...~.
T,tate of California a County of SN ~IEG~ i. On i personally appeared
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10- f74% before me, pJ-G J@ChfO
(DATE) (NOTARY) %dMJ 8. Gco/
SIGNER(S) 1 dpersonally known to me - OR- proved to me on the basis of satisfac
evidence to be the personis) whose- - is/are subscribed to the within instrumen
acknowledged to me that Wshe/they exe
the same in u/her/their authoi
cmy(ies), and that by _hidher/
signature(s) on the instrument the persc
or the entity upon behalf of whicf
person(s) acted, executed the instrument i
WITNESS my hand and official seal.
,/?,C?dW
w NOTARY'S SIGNATURE
OPTIONAL INFORMATION
The information below is not required by Iaw. However, it could prevent fraudulent attachment of this ack
edgment to an unauthorized document.
DESCRIPTION OF ATTACHED DOCUM
4
i CApAcm CmED BY SIGNER (PRmCIPAL)
c] INDIVIDUAL 1 CORPORATEOFFICER
TITLE OR TYPE OF DOCUMENT i TlTLE(S)
NUMBER OF PAGES i PARmER(S)
i OTHER:
ATTORNEY-IN-FACT i TRUSTEE(S)
DATE OF DOCUMENT c] GUARDIAN/CONSERVATOR
OTHER
RIGHT THUMBPRINT i
.~.-.~.~.~.~.~.~.~~~.~.~.~.~.~.~.-
i
OF
SIGNER
i SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR EKTlTY(1ES) s
L 0
P E
VALLEY-SIERRA, 800-362-3369
c
APA 5/97
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Dieao
On -,!k-pb#, .2 0, 23 \QG(? before me, Michelle Burrier, Notary Public - Date Name and Title of Officer (e.g. "Jane Doe, Notary Public")
personally appeared Thomas L. Brown
5 personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person
whose name is subscribed to the within instrument
acknowledged to me that he executed the same in
authorized capacity and that by his signature on
instrument the person, or the entity upon behalf of w
the person acted, executed the instrument
WITNESS my hand and official seal.
Name(@ of Signer(s)
OPTIONAL
fraudulent removal and reattachment of this form to another document. Though the information below is not required by law, it may prove valuable to persons relying on the document and could pre
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity Claimed by Signer
Signer's Name: Thomas L. Brown Signer's Name:
Individual Individual
Title(s): President Title(s):
Partner - Limited General Partner - Limited General
Attorney-in-Fact Attorney-in-Fact
Trustee Trustee
Bond
- X Corporate Officer Corporate Officer
Guardian or Conservator RIGHT THUMBPRINT Guardian or Conservator RIGHT THUMBPF
Other: OF SIGNER Other: OF SIGNEF
Top of thumb hc Top of thumb here
Signer is Representing: Signer is Representing:
Sierra Pacific West, Inc.
SPW:6/96 / Ibc
Bond No. B2578822
Premium: Included
LABOR AND MATERIALS BOND . 0
WHEREAS, the City Council of the City of Carlsbad, State of California, by Re
NO. 98-303 , adopted September 8, 1998 , has awa
Sierra Pacific West, Inc.
(hereinafter designated as the "Principal"), a Contract for:
CARLSBAD SKATE PARK
CONTRACT NO. 3597
in the City of Carlsbad, in strict conformity with the drawings and specifications, and other C Documents now on file in the Offke of the City Clerk of the City of Carlsbad and all of wk
incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms
require the furnishing of a bond, providing that if Principal or any of their subcontractors sha pay for any materials, provisions, provender or other supplies or teams used in, upon or at
performance of the work agreed to be done, or for any work or labor done thereon of any k Surety on this bond will pay the same to the extent hereinafter set forth.
NOW, THEREFORE, WE, Sierra Pacific West. Inc.
as Principal, (hereinafter designated as the "Contractor"), and Re1iance Insurance Cornpal
as Surety, are held firmly bound unto the City of Carlsbad in the sum of Three hundred 0
forty-two thousand three hundred fifty-eight and no/100 .[
($ 342,358.00 ), said sum being fifty percent (50%) of the estimated amount pay
the City of Carlsbad under the terms of the Contract, for which payment well and truly to be m bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and se
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or hidher subcontractor pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or ab performance of the work contracted to be done, or for any other work or labor thereon of any for amounts due under the Unemployment Insurance Code with respect to such work or labo
any amounts required to be deducted, withheld, and paid over to the Employment Devel1 Department from the wages of employees of the contractor and subcontractors pursuant to
13020 of the Unemployment Insurance Code with respect to such work and labor that the SUI
pay for the same, not to exceed the sum specified in the bond, and, also, in case suit is brougl the bond, costs and reasonable expenses and fees, including reasonable attorney's fees, to t 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 entitle claims under Title 15 of Part 4 of Division 3 of the Civil Code (commencing with section 3082).
Surety stipulates and agrees that no change, extension of time, alteration or addition to the tc the Contract, or to the work to be performed thereunder or the specifications accompany
same shall affect its obligations on this bond, and it does hereby waive notice of any c extension of time, alterations or addition to the terms of the contract or to the work or specifications.
-ex
0
In the event that Contractor is an individual, it is agreed that the death of any such Cont
not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this -23 day of October ,1998 . October
CONTRACTOR: SURETY:
Executed by SURETYthis Igth da!
-1 19- <
Sierra Pacific West, Inc. Reliance Insurance Company
4275 Executive Square 800 La Jolla, CA 92037
(name of Sure
By: (address of Surety)
(telephone number af Surety)
Thomas L. Brown 619-455-6566
{pnnt name here)
President
(Title and Organization of Signatory)
By; Ronald B. Guy
(sign here) (printed name of Attorney-In-Fact)
(print name here) (Attach corporate resolution showi
0
power of attorney.)
(Title and Organization of signatory)
(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attac
(President or vice-president and secretary or assistant secretary must sign for carporatic
one officer signs, the corporation must attach a resolution certified by the secretary ( secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
By: ~tJ----C (li)-
dAB Assistant City Attorney
- m
G imma Contract No. 3597 Page 40 o
- ALL-PURPOSE ACKNOWLEDGMENT .~.~..lt.~.~..3).~.~.~.~.~..3rr.~~~.~.~*
rstate of California 4 County of i. On
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10- Iy-6ilx before me, MG SOt/d-dO
(DATE) (NOTARY) personally appeared bhYk$ fj 6619
SIG=R(S) i personally known to me - OR- 0 proved to me on the basis of satisfac
evidence to be the=(s) whose&
idare subscribed to the within instrumen
acknowledged to me that_hs=/she/they exe
the same in his./her/their autho
cauacity(ies), and that by hidher/
sm(s) on the instrument the pem
or the entity upon behalf of whicl m) acted, executed the instrument
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WITNESS my hand and official seal.
fiQ4%--J
NOTARY'S SIGNATURE
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this ack
edgment to an unauthorized document.
DESCRIPTION OF ATTACHED DOCUM
1
i CApAcm CLAIMED BY SIGNER (PRINCIPAL)
INDIVIDUAL i CORPORATEOFFICER
TITLE OR TYPE OF DOCUMENT i TITLE@) i PARmER(S) i mUSTEE(S) i CI OTHER:
NUMBER OF PAGES ATTORNEY-IN-FACT
GUARDIAN/CONSERVATOR DATE OF DOCUMENT
OTHER
RIGHT THUMBPRINT i
.4).-.~*rl).~.~.~*~.~C~o~.~.~O~C~.~.~
i
OF
SIGNER
i SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
f - 0
P I2
VALLEY-S IERRA, 800-3 62-3 3 69
4
APA 5/97
0
a
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Dieao
On (y&.$!m;! 33, !)qq8 before me, Michelle Burrier, Notary Public
personally appeared Thomas L. Brown
- X personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person
whose name is subscribed to the within instrument
acknowledged to me that he executed the same ir
authorized capacity and that by his signature on
instrument the person, or the entity upon behalf of w
the person acted, executed the instrument
WITNESS my hand and official seal.
- - ,--" , Date Name and Title of Officer (e.g. "Jane Doe, Notary Public")
Narne(s) of Signer(s)
r
n '*P%,[? 9 ,i \' $,d(&( I *', ..-_I-------
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prer
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity Claimed by Signer
Signer's Name: Thomas L. Brown Signer's Name:
Individual Individual
Title(s): Pres id en t Title(s):
Partner - Limited General Partner - Limited General
Attorney-in-Fact Attorney-in-Fact
Trustee Trustee
Bond
- X Corporate Officer Corporate Officer
Guardian or Conservator RIGHT THUMBPRINT Guardian or Conservator RIGHT THUMBPF
Other: OF SIGNER Other: OF SIGNEF
Top of thumb hi Top of thumb here
Signer is Representing: Signer is Representing:
Sierra Pacific West, Inc.
SPW6/96 / Ibc
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CITY OF CARLSBAD Purchasing Department 1200 Carlsbad Village Drive Carlsbad CA 92008 REPRESENTATION AND CERTIFICATION
The following representation and certification shall be completed, signed and returned to Carlsbad as a part of the bid package.
REPRESENTATIONS: Mark all applicable blanks. This offeror represents as part of this offer that the ownership, operation and control of the business, in accordance with the specific definitions listed below is:
I'
Are you currently certifi d by CALTRANS? YES
Certification #:
CERTIFICATION OF BUSINESS REP RESE NTATlO N (SI:
Mark all applicable blanks. This offeror represc part of this offer that:
This firm is-, is not\( a minority business This firm isx, is not- a woman-owned bL
WOMAN-OWNED BUSINESS: A woma business is a business of which at least 51 p owned, controlled and operated by a woman 01 Controlled is defined as exercising the power policy decisions. Operation is defined as involved in the day-to-day management.
FIRM'S PRIMARY PRODUCTS OR SERVICE:
NO A
DE FIN IT10 NS :
MINORITY BUSINESS ENTERPRISE: "Minority Business" is defined as a business, at least 51 percent of which is owned, operated and controlled by minority group members, or in the case of publicly owned businesses, at least 51 percent of which is
owned, operated and controlled by minority group members. The Small Business Administration CoNSTRUCTloN CONTRACTOR: defines the socially and economically disadvantaged
(minorities) as Black American, Hispanic American, Native Americans (i.e. American Indian, Eskimos, Aleuts and Native Hawaiians), and Asian-Pacific LICENSE NUMBER:
7 Americans (i.e., U.S. Citizens whose origins are from Japan, China, the Philippines, Vietnam, Korea, TAXPAYERS 1-D. NO. 33- 0bC.l 34'~
Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan).
C E RTI FlCATlO N: The information furnished is certified to be factual and correct as of the date submitted.
Gw~d F4-i-C'- t.
A CLASSIFICATION(S):
7853-
&ti Ia
a23 - I bo %Afii%, CIA 9 AD REsS
CIT STATE AND ZIP I TELEPHONE NUMBER - 0382 DATE Ylbo - ~3a
e= gs 1/08/98 Contract No. 3597 Page 41 of 97
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ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
0
This Escrow Agreement is made and entered into by and between the City of Carlsbad,
address is 1200 Carlsbad Village Drive, Carlsbad, CA 92008, hereinafter called "Cit)
Sierra Pacific West, Inc., whose address is P.O. Box 231640, Encinitas, CA 9202:
hereinafter called "Contractor" and Grossmont Bank, whose address is 11717 Bernardc
Court, San Diego, CA 921 28-2474, hereinafter called "Escrow Agent".
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as fc
1. Pursuant to Sections 22300 and 10263 of the Public Contract Code of the State of Cal
Contractor has the option to deposit securities with Escrow Agent as a substitute for re
earnings required to be withheld by the City pursuant to the Construction Contract enter1
between the City and Contractor for Carlsbad Skate Park, Contract No. 3597, in the amc
$342,358.00, dated November 129 1998 , (hereinafter referred to as the "Cor
Alternatively, upon written request of the Contractor, the City shall make payments of the re
earnings directly to the Escrow Agent. When the Contractor deposits the securities as a SUI
for Contract earnings, the Escrow Agent shall notify the City within 10 days of the c
The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the
agent in connection with the handling of retention under these sections in an amount not le!
$100,000 per contract. The market value of the securities at the time of the substitution sha
least equal to the cash amount then required to be withheld as retention under the terms
contract between the City and Contractor. Securities shall be held in the name of Grossmoni
and shall designate the Contractor as the beneficial Owner.
2. The City shall make progress payments to the Contractor for such funds which otherwise
be withheld from progress payments pursuant to the Contract provisions, provided that the E
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 [
Agent shall hold them for the benefit of the Contractor until such time as the escrow created
this Contract is terminated. The Contractor may direct the investment of the paymen
securities. All terms and conditions of this agreement and the rights and responsibilities
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 E
Agent in administering the Escrow Account and all expenses of the City. These expensc
payment terms shall be determined by the Contractor and Escrow Agent.
5. The interest earned on the securities or the money market accounts held in escrow i
interest earned on that interest shall be for the sole account of Contractor and shall be sut
withdrawal by Contractor at any time and from time to time without notice to the City. 0
1/08/98 Contract No. 3597
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6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow A
only by written notice to Escrow Agent accompanied by written authorization from City to I
Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contract
7. The City shall have a right to draw upon the securities in the event of default by the Con
Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow
shall immediately convert the securities to cash and shall distribute the cash as instructed
City.
8. Upon receipt of written notification from the City certifying that the Contract is final and ca
and that the Contractor has complied with all requirements and procedures applicable
Contract, the Escrow Agent shall release to Contractor all securities and interest on depo:
escrow fees and charges of the Escrow Account. The escrow shall be closed immediatel:
disbursement of all monies and securities on deposit and payments of fees and charges.
9. The Escrow Agent shall rely on the written notifications from the City and Contractor pi
to sections (5) to (8), inclusive of this Agreement and the City and Contractor shall hold E
Agent harmless from the Escrow Agent's release, conversion and disbursement of the sec
and interest as set forth above.
IO. The names of the persons who are authorized to give written notice or to receive written
on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemr
their respective signatures are as follows:
0
For City: Title DIRECTOR OF FINANCE
/
Address 1200 Carlsbad Village Dr., Carlsbad, CA 9
For Contractor: Title President
Name
Signat
Address P.O. Box 231640, Encinitas, CA 92023-If
For Escrow Agent: Title Vice President
Address 11 717 Bernard0 Plaza Crt., San Dieao, CA '
At the time the escrow account is opened, the City and the Contractor shall deliver to the E
Agent a fully executed counterpart of this Agreement.
0
1/08/98 Contract No. 3597
.-- *.,, ~ Y.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers
date first set forth above. 0
For City: Title DIRECTOR OF FINANCE
Name Lisa Hildabrand - . _-I Signature Ly
Address 1200 Carlsbad Villaqe Dr., Carlsbad, CA !
For Contractor: Title President
For Escrow Agent: Title Vice President
Address 1 171 7 Bernard0 Plaza Crt., San Diego, CA 0
J CXJ A,] WLf -
-l)L.L-AL
&g.C$
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1108l98 Contract No. 3597
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SPECIAL P ROVlSlO N S
FOR
CARLSBAD STATE PARK
CONTRACT NO. 3597
I*
SUPPLEMENTAL PROVISIONS TO 1 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCT1
PART I, GENERAL PROVISIONS
1 SECTION I -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBC
1-1 TERMS
Add the following section:
1-1 .I Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "sche
or words of similar import are used, it shall be understood that reference is made to the
accompanying these provisions, unless stated otherwise.
Add the following section:
1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar imp
used, it shall be understood that the direction, designation or selection of the Engineer is int
unless stated otherwise. The word "required" and words of similar import shall be undersi
mean "as required to properly complete the work as required and as approved by the Enc
unless stated otherwise.
Add the following section:
1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", an1
words of similar import are used, it shall be understood such words are followed by the expr
"in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "apr
"acceptance", or words of similar import are used, it shall be understood that the api
acceptance, or similar import of the Engineer is intended.
Add the following section:
1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor,
expense, shall perform all operations, labor, tools and equipment, and further, includir
furnishing and installing of materials that are indicated, specified or required to mean tt-
Contractor, at its expense, shall furnish and install the work, complete in place and ready 1
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 exclt
defined by the definitions assigned to them herein.
Agency - the City of Carlsbad, California.
City Council -the City Council of the City of Carlsbad.
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a City Manager - the City Manager of the City of Carlsbad or hidher approved representative.
Dispute Board - persons designated by the City Manager to hear and advise the City Mar
claims submitted by the Contractor. The City Manager is the last appeal level for informal
resolution.
Engineer - the City Engineer of the City of Carlsbad or hislher approved representative.
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
Contract Price bid.
Own Organization - When used in Section 2-3.1 - Employees of the Contractor who ar
directed, supervised and paid by the Contractor to accomplish the completion of the Work.
such employees have their employment taxes, State disability insurance payments, St,
Federal income taxes paid and administered, as applicable, by the Contractor. When
Section 2-3.1 ”own organization” means construction equipment that the Contractor owns o
and uses to accomplish the Work. Equipment that is owner operated or leased equipment
operator is not part of the Contractor’s Own Organization and will not be included for the pui
compliance with section 2-3.1 of the Standard Specifications and these Special Provisions.
Owner OperatodLessor - Any person who provides equipment or tools with an operator p
who is employed by neither the Contractor nor a subcontractor and is neither an agent or en
of the Agency or a public utility.
Principal Inspector - The Senior Inspector’s immediate supervisor and second level of ap
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I Project Inspector - the Engineer’s designated representative for inspection, contract admini
and first level for informal dispute resolution.
Project Manager - the City Engineer of the City of Carlsbad or hidher approved representati
Senior Inspector - the Project Inspector’s immediate supervisor and first level of appeal for ii
dispute resolution.
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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 re
the Contractor to complete 50 percent of the contract price with its own organization, the I may at its sole discretion elect to cancel the contract or to deduct an amount equal 40 10 per
the value of the work performed in excess of 50 percent of the contract price by other tt
Contractor’s own organization. The City Council shall be the sole body for determinatio
violation of these provisions. In any proceedings under this section, the prime contractor s
entitled to a public hearing before the City Council and shall be notified ten (IO) days in adv:
the time and location of said hearing. The determination of the City Council shall be final.
2-4 CONTRACT BONDS, modify as follows: Delete the third sentence of the first pari
having to do with a surety being listed in the latest revision of U.S. Department of Treasury C 0 I 570.
em I E# 1/08/98 Contract No. 3597 Page 46 of 97F
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Modify Paragraphs three and four to read: The Contractor shall provide a
performance/warranty bond and payment bond (labor and materials bond) for this contra1 faithful performance/warranty bond shall be in the amount of 100 percent of the contract pi
the payment bond shall be in the amount of 50 percent of the contract price. Both bon
extend in full force and effect and be retained by the Agency during this project until t
released according to the provisions of this section.
The faithful petformance/warranty bond will be reduced to 25 percent of the original amount
after recordation of the Notice of Completion and will remain in full force and effect for the o
warranty period and until all warranty repairs are completed to the satisfaction of the Engineei
The payment bond shall be released six months plus 30 days after recordation of the N
Completion if all claims have been paid.
Add the following: All bonds are to be placed with a surety insurance carrier admiti
authorized to transact the business of insurance in California and whose assets excet
liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to cor
following documents:
I) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws,
2) A certified copy of the certificate of authority of the insurer issued by the insurance commis
If the bid is accepted, the Agency may require a financial statement of the assets and liabilitie
insurer at the end of the quarter calendar year prior to 30 days next preceding the date
execution of the bond. The financial statement shall be made by an officer's certificate as de
Section 173 of the Corporations Code. In the case of a foreign insurer, the financial stateme
be verified by the oath of the principal officer or manager residing within the United States.
*
instrument entitling or authorizing the person who executed the bond to do so. 1
2-5 PLANS AND SPECIFICATIONS. I,
2-5.1 General, add the following: The specifications for the work include the Si
Specifications for Public Works Construction, (SSPWC), 1997 Edition, hereinafter des
"SSPWC", as issued by the Southern California Chapter of the American Public Works Asso
and as amended by the Special Provisions section of this contract.
The construction plans consist of one set designated as City of Carlsbad Drawing No. 366
consists of 16 sheets. The standard drawings used for this project are the latest edition of tl
Diego Area Regional Standard Drawings, hereinafter designated SDRS, as issued by the Sar
County Department of Public Works, together with the City of Carlsbad Supplemental St
Drawings. Copies of some of the pertinent standard drawings are enclosed as an appendix tc
Special Provisions.
2-5.2 Precedence of Contract Documents, add the following: Where CALTRANS specifi
are used to modify the SSPWC or added to the SSPWC by any of the contract docume CALTRANS specifications shall have precedence only to the materials and construction m,
referred to in the CALTRANS specifications. The Invitation to Bid, Contract for Public Works,
of these Special Provisions and Part 1 of the SSPWC in the order of precedence in section 2
the SSPWC shall prevail over the CALTRANS specifications.
2-5.3.3 Submittals, add the following: When submitted for the Engineer's review, Shop Dri shall bear the Contractor's certification that he has reviewed, checked, and approved the
Drawings and that they are in conformance with the requirements of the Contract Document5
Contractor shall subscribe to and shall place the following certification on all submittals:
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“I hereby certify that the (equipment, material) shown and marked in this submittal is that prop
be incorporated into this Project, is in compliance with the Contract Documents, can be inst
the allocated spaces, and is submitted for approval. I By: Title:
Date:
Company Name:
Add the following: 2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete “i
record set of blue-line prints, which shall be corrected in red daily and show every change fi
original drawings and specifications and the exact ”as-built“ locations, sizes and kinds of equ underground piping, valves, and all other work not visible at surface grade. Prints for this F
may be obtained from the Agency at cost. This set of drawings shall be kept on the job and !
used only as a record set and shall be delivered to the Engineer upon completion of the
Payment for performing the work required by section 2-5.4 shall be included in various bid ite
no additional payment will be made therefor. I 2-9 SURVEYING.
2-9.1 Permanent Survey Markers, substitute the following: The Contractor shall not
permanent survey monuments or benchmarks without the consent of the Engineer. Wh
Engineer concurs, in writing, with the Contractor that protecting an existing monument in r
impractical, the Contractor shall employ a licensed land surveyor to establish the locatior
monument before it is disturbed. The Contractor shall have the monument replaced by a Ii
land surveyor no later than thirty (30) days after construction at the site of the replace1
completed. The Licensed Land Surveyor shall file corner record@) as required by §§ 87
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 v
permanent survey monument is located, the Contractor shall adjust the monument frame an
to the new grade. Monument frames and covers shall be protected during street sealing or 1
projects or be cleaned to the satisfaction of the Engineer.
2-9.3 Survey Service, substitute the following: The Contractor shall hire and pay for the I
of a land surveyor licensed in the State of California, hereinafter Surveyor, to perform i
necessary for establishing control, construction staking, records research and all other su
work necessary to construct the work, provide surveying services as required herein and
surveying, drafting and other professional services required to satisfy the requirements of tt-
Surveyors Act. Surveyor shall be resident on the site during all surveying operations ar
personally supervise and certify the surveying work.
Add the following section:
2-9.3.1 Submittal of Surveying Data, All surveying data submittals shall conform
requirements of section 2-5.3.3, “Submittals”, herein. The Contractor shall submit grade st
the Engineer before commencing work in the area affected by the grade sheets. The Contracl
submit field notes for all surveying required herein to the Engineer within ten days of perforn
survey. All surveying field notes, grade sheets and survey calculations shall be submitted ir
form on 8’4” by 11” paper. The field notes, calculations and data shall be clear and complc
name of field party chief, field crew members, preparer, date of observation or calc consecutive page numbers and shall be readable without resort to any electronic aid, cc
4- I tS 1/08/98 Contract No. 3597 Page 48 of 97
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program or documentation for any computer program. The field notes shall be prepl
conformance with the CALTRANS “Surveys Manual”. The Contractor shall have a Record of
prepared and filed in conformance with §§ 8700 - 8805 of the State of California Busine
Professions Code showing all SDRS M-IO monuments set. The record of survey shall st
location and justification of location of all permanent monuments set and their relation to thi
right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer’s review and a
before submittal to the County Surveyor and before submittal to the County Recorder.
Add the following section:
2-9.3.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at
intervals as measured along the project stationing unless a lesser interval is specified herein.
sub-grade stakes on slopes shall be set at top of cuts, toe of fills, or slope catch points ani
crown lines where no median exists. Large slopes shall have line point set to aid in constru
the slope. Rough sub-grade stakes for roadway section shall be set at edge of pavement an
curbs. Finish sub-grade stakes shall be set prior to placing subbase or aggregate base
roadway section. The stakes shall be set at edge of pavement and top of curbs. Finish si
stakes for the aggregate base for the roadway section shall be at %-foot intervals at f pavement and top of curbs and crown line where no median exists. Intermediate stakes t:
edge of pavement and top of curb shall be set at 15-foot intervals by the surveyor. Finish ag
subbase and aggregate base grade stakes shall be at 25-foot intervals at top of curb, t
pavement, and all crown lines and grade breaks. Intermediate stakes between edge of pa
and top of curb shall be set at 15-foot intervals. Storm drain staking shall be done at
intervals. Catch basins shall be staked at centerline and each end of the local depre
Curbskurbs and gutter shall be staked at 25-foot intervals, center line of driveways, and 1/4,
delta on returns. Fills to finish grade at 25-foot intervals by the paving pass width shall be pai
the pavement prior to placing each lift of asphalt on variable thickness pavement overlays rf
leveling courses. Intersections showing specific finished asphalt grids shall be painted per tt
Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal IC
where the curb is not being built as a part of this contract. Surveyor shall mark the remov
and limits of work line shown on the plans. The markings shall consist of continuous painted
asphalt and concrete surfaces and red flagged or painted laths spaced on centers no mc
twenty-five feet on unimproved areas. The markings shall be completed by Surveyor and in1
and approved by the Engineer before the start of construction in the area marked. Ce
monuments shall be laid out, their disk stamped, and a Record of Survey satisfactory to the E
filed with the County in accordance with the Professional Land Surveyors Act. Water and se
stakes shall be set at %-foot intervals with offsets referencing the top and centerline of pipe (
line and laterals. For all pipeline work the pipe and each access hole, pipe material change
connection, fitting, appurtenance, or hydrant location with elevations shall be staked and F
with grade stakes designating the offset of the reference point, station, elevation of referenc
cut (or fill) and feature of pipe that is referenced. Habitat mitigation sites and other area
preserved that are shown on the plans shall be staked and flagged at 25 foot intervals pric start of any other activities within the limits of the work.
Add the following section:
2-9.3.3 Payment for Survey, Payment for work performed to satisfy the requirements of $
2-9.1 through 2-9.3.2 shall be included in the actual bid items requiring the survey work
additional payment will be made. Extension of unit prices for extra work shall incli
compensation for attendant survey work and no additional payment will be made therefor. F
for the replacement of disturbed monuments and the filing of corner records shall be incident,
work necessitating the disturbance of said monuments and no additional payment will b
therefor.
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I 2-10 AUTHORITY OF BOARD AND ENGINEER o Add the following section:
2-10.1 Availability of Records, The Contractor shall provide copies of all records
Contractor’s or subcontractor’s possession pertaining to the work that the Engineer may reque
Add the following section:
2-1 0.2 Audit And Inspection, Contractor agrees to maintain and/or make available,
Engineer, within San Diego County, accurate books and accounting records relative to
activities. The Engineer shall have the right to monitor, assess, and evaluate Conti
performance pursuant to this Agreement, said monitoring, assessments, and evaluations to i
but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and intt
of Contractor’s staff. At any time during normal business hours and as often as the Engine
deem necessary, upon reasonable advance notice, Contractor shall make available to the Ei
for examination, all of its records with respect to all matters covered by this Contract and will
the Engineer to audit, examine, copy and make excerpts or transcripts from such data and r(
and to make audits of all invoices, materials, payrolls, records of personnel, and other data I
to all matters covered by this Contract. However, any such activities shall be carried out in a r
so as to not unreasonably interfere with Contractor’s ongoing business operations. Contractr
maintain such data and records for as long as may be required by applicable laws and regulat
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SECTION 3 -- CHANGES IN WORK
3-3 EXTRA WORK.
3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in i
Bid Item, the use of this basis for the adjustment of payment will be limited to that portion
change, which together will all previous changes to that item is not in excess of 25 percen‘
total cost of such item based on the original quantity and Contract Unit Price. Adjustments in
of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work.
3-3.2.2 ( c ) Tool and Equipment Rental, Regarc
ownership, the rates and right-of-way delay factors to be used in determining rental and dela
shall be the edition of the, “Labor Surcharge & Equipment Rental Rates” published by CALI
current at the time of the actual use of the tool or equipment. The right-of-way delay factors
shall be used as multipliers of the rental rates for determining the value of costs for delay
Contractor and subcontractors, if any, The labor rates published therein are not a part
contract.
3-3.2.3 Markup,
replace with the following:
(a) 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 ad
compensation for bonding.
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second paragraph, modify as follows:
Delete section 3-3.2.3 from the 1995 and 1996 Supplements to the SSPV
Work by Contractor. The following percentages shall be added to the Contractor’
...................
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(b) Work by Subcontractor. When all or any part of the extra work is performec
Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor’s cost of such work. A markup of IO percent on the first $5,000 of the subcontracted portior
extra work and a markup of 5 percent on work added in excess of $5,000 of the subcon
portion of the extra work may be added by the Contractor.
3-3.3 Daily Reports by Contractor, Payn
extra work will not be made until such time that the Contractor submits completed daily repo
all supporting documents to the Engineer.
3-4 CHANGED CONDITIONS. delete the second sentence of paragraph three, delete par
five (5), and add the following: The Contractor shall not be entitled to the payment of any ad
compensation for any act, or failure to act, by the Engineer, including failure or refusal to i
change order, or for the happening of any event, thing, occurrence, or other cause, unless t
have first given the Engineer due written notice of potential claim as hereinafter spe
Compliance with this section shall not be required as a prerequisite to notice provisions in Sec
7.3 Contract Time Accounting, nor to any claim that is based on differences in measurer
errors of computation as to contract quantities. The written notice of potential claim for c
conditions shall be submitted by the Contractor to the Engineer upon their discovery and pric
time that the Contractor performs the work giving rise to the potential claim. The Contractor’!
to give written notice of potential claim for changed conditions to the agency upon their di:
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
particular circumstances giving rise to the potential claim, the reasons for which the Co
believes additional compensation may be due and nature of any and all costs involved w
working days of the date of service of the written notice of potential claim for changed conc
The potential claim shall include the following certification relative to the California False Clai
Government Code Sections 12650-1 2655.
“The undersigned certifies that the above statements are made in full cognizance of the Ci
False Claims Act, Government Code sections 12650-1 2655. The undersigned further unde
and agrees that this potential claim, unless resolved, must be restated as a claim in respons
City’s proposed final estimate in order for it to be further considered.’’
The Contractor’s estimate of costs may be updated when actual costs are known. The Cc
shall submit substantiation of its actual costs to the Engineer within 20 working days i
affected work is completed. Failure to do so shall be sufficient cause for denial of ar
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 virti
contract be brought to the attention of the Engineer at the earliest possible time in order tt
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 I
potential claim prior to commencing any disputed work. Failure to give said notice shall con
waiver of all claims in connection therewith.
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add the following after the second sentence:
a Verbal notifications are disallowed.
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Delete second sentence of paragraph one and add the following: Prior to proceeding with
resolution pursuant to Public Contract Code (PCC) provisions specified hereinafter, the COI
shall attempt to resolve all disputes informally through the following dispute resolution c
command:
I. Project Inspector
2. Senior Inspector 1 3. Principal Inspector
4. City Engineer
5. City Manager
The Contractor shall submit a complete report within 20 working days after completion
disputed work stating its position on the claim, the contractual basis for the claim, along
documentation supporting the costs and all other evidentiary materials. At each level of c
appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim.
the Contractor's report and respond with a position, request additional information or request
Contractor meet and present its report. When additional information or a meeting is reques
City will provide its position within 10 working days of receipt of said additional inform:
Contractor's presentation of its report. The Contractor may appeal each level's position up to
Manager after which he may proceed under the provisions of the Public Contract Code.
The authority within the dispute resolution chain of command is limited to recommending a re:
to a claim to the City Manager. Actual approval of the claim is subject to the change order prc
in the contract.
All claims by the contractor for $375,000 or less shall be resolved in accordance with the pro(
in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with
201 04) which is set forth below: 0 1 ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS
20104. (a)(l) This article applies to all public works claims of three hundred seventy-five tt
dollars ($375,000) or less which arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a contract between a contractc
public agency when the public agency has elected to resolve any disputes pursuant to Ar
(commencing with Section 10240) of Chapter 1 of Part 2. (b)(l) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code
that "public work" does not include any work or improvement contracted for by the stat6
Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) pay
money or damages arising from work done by, or on behalf of, the contractor pursuan
contract for a public work and payment of which is not otherwise expressly provided fo
claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by 1
agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans or speci
for any work which may give rise to a claim under this article.
(d) This article applies only to contracts entered into on or after January 1, 1991.
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 th
Claims must be filed on or before the date of final payment. Nothing in this subdivision is ink extend the time limit or supersede notice requirements otherwise provided by contract for the I. claims.
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(b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall resl:
writing to any written claim within 45 days of receipt of the claim, or may request, in writing, wi
days of receipt of the claim, any additional documentation supporting the claim or rela
defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shail be requested and provided pursuanl
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 subm
the claimant within 15 days after receipt of the further documentation or within a period of t
greater than that taken by the claimant in producing the additional information, whichever is grl
(c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three h
seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all
claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of re(
the claim, any additional documentation supporting the claim or relating to defenses to the ck local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuanl
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 subm
the claimant within 30 days after receipt of the further documentation, or within a period of
greater than that taken by the claimant in producing the additional information or re(
documentation, whichever is greater.
(d) If the claimant disputes the local agency's written response, or the local agency fails to r
within the time prescribed, the claimant may so notify the local agency, in writing, either w
days of receipt of the local agency's response or within 15 days of the local agency's fa
respond within the time prescribed, respectively, and demand an informal conference to mc
confer for settlement of the issues in dispute. Upon a demand, the local agency shall schl
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 dispi ' e claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Ch
(commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Co
purposes of those provisions, the running of the period of time within which a claim must I shall be tolled from the time the claimant submits his or her written claim pursuant to subdivi
until the time that claim is denied as a result of the meet and confer process, including any p
time utilized by the meet and confer process. (9 This article does not apply to tort claims and nothing in this article is intended nor s
construed to change the time periods for filing tort claims or actions specified by Ch,
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of I
3.6 of Title 1 of the Government Code.
20104.4. The following procedures are established for all civil actions filed to resolve claims
to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, tl
shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both
The mediation process shall provide for the selection within 15 days by both partit
disinterested third person as mediator, shall be commenced within 30 days of the submii
shall be concluded within 15 days from the commencement of the mediation unless
requirement is extended upon a good cause showing to the court or by stipulation of both p
the parties fail to select a mediator within the 15-day period, any party may petition the
appoint the mediator.
(b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pur
Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Prc
notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (P
(commencing with Section 201 6) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedu
apply to any proceeding brought under the subdivision consistent with the rules pertaining tc
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arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators api
for purposes of this article shall be experienced in construction law, and, upon stipulation
parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pa)
exceed their customary rate, and such fees and expenses shall be paid equally by the I
except in the case of arbitration where the arbitrator, for good cause, determines a different d
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 .IO) Title 3 of Part 3 of the Code
Procedure, any party who after receiving an arbitration award requests a trial de novo but dl
obtain a more favorable judgment shall, in addition to payment of costs and fees under that c
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 medi,
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is und
except as otherwise provided in the contract. (b) In any suit filed under Section 201 04.4, the local agency shall pay interest at the legal rate
arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in
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arbitration process.
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SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP.
4-1.3.1 General, add the following: The Contractor shall provide the Engineer free ar
access to any and all parts of work at any time. Contractor shall furnish Engineer wit1
information as may be necessary to keep the Engineer fully informed regarding progrei
manner of work and character of materials. Inspection or testing of the whole or any portior
work or materials incorporated in the work shall not relieve Contractor from any obligation
this Contract.
4-1.4 Test of Materials, add the following: Except as specified in these Special Provisi
Agency will bear the cost of testing materials and/or workmanship where the results of su
meet or exceed the requirements indicated in the Standard Specifications and the
Provisions. The cost of all other tests shall be borne by the Contractor.
At the option of the Engineer, the source of supply of each of the materials shall be approve(
before the delivery is started. All materials proposed for use may be inspected or tested at i
during their preparation and use. If, after incorporating such materials into the Work, it is fc
sources of supply that have been approved do not furnish a uniform product, or if the prod
any source proves unacceptable at any time, the Contractor shall furnish approved mate
other approved sources. If any product proves unacceptable after improper storage, handli
any other reason it shall be rejected, not incorporated into the work and shall be removed
project site all at the Contractor's expense.
Compaction tests may be made by the Engineer and all costs for tests that meet or exc
requirements of the specifications shall be borne by the Agency. Said tests may be mad
place along the work as deemed necessary by the Engineer. The costs of any retes necessary by noncompliance with the specifications shall be borne by the Contractor.
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4-1.6 Trade names or Equals, add the following: The Contractor is responsible fi satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the subst
is determined to be unsatisfactory in performance, durability, compatibility with associated
availability of repair parts and suitability of application the Contractor shall remove the subs
item and replace it with the originally specified item at no cost to the Agency. B
SECTION 5 -- UTILITIES
5-1 LOCATION. Add the following: The Agency and affected utility companies have, by a
of known records, endeavored to locate and indicate on the Plans, all utilities which exist wit
limits of the work. However, the accuracy and/or completeness of the nature, size andlor loci
utilities indicated on the Plans is not guaranteed.
5-4 RELOCATION. Add the following: In order to minimize delays to the Contractor causea
failure of other parties to relocate utilities that interfere with the construction, the Contract0
request to the Engineer, may be permitted to temporarily omit the portion of work affected
utility. Such omission shall be for the Contractor's convenience and no additional compensa'
be allowed therefor. The portion thus omitted shall be constructed by the Contractor immi
following the relocation of the utility involved unless otherwise directed by the Engineer.
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SECTION 6 -- PROSECUTION, PROGRESS AND
ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Modify I
paragraph of Section 6.1 as follows: The Contractor shall begin work within seven calenda
after receipt of the "Notice to Proceed".
Add the following section:
6-1 .I Measurement And Payment Of Construction Schedule. The Contractor's prep
revision and maintenance of the Construction Schedule are incidental to the work and no s
payment will be made therefor.
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Add the following section:
6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipml materials, and performing all operations necessary to complete the Project Work as showr
Project Plans and as specified in the Specifications. The work includes construction of the C
Skate Park to include, but not limited to remedial grading, finish grading, storm drain, lar
planting and irrigation, and reinforced concrete.
6-6 DELAYS AND EXTENSIONS OF TIME.
6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide writte
to the Engineer within two hours of the beginning of any period that the Contractor has pla
workers or equipment on standby for any reason that the Contractor has determined to be ca the Agency or by any organization that the Agency may otherwise be obligated by. The Cc
shall provide continuing daily written notice to the Engineer, each working day, througf
duration of such period of delay. The initial and continuing written notices shall incl
classification of each workman and supervisor and the make and model of each piece of eq
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placed on standby, the cumulative duration of the standby, the Contractor's opinion of the c
the delay and a cogent explanation of why the Contractor could not avoid the delay by rea!
means. Should the Contractor fail to provide the notice(s) required by this section the Co
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 prosect
work to completion within 30 working days after the starting date specified in the Notice to Pro
6-7.2 Working Day. Unless otherwise approved in writing by the Er
the hours of work shall be between the hours of 7:OO a.m. and 4:OO p.m. on Mondays
Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the E
if the Contractor desires to work outside said hours or at any time during weekends and/or hc
This written permission must be obtained at least 48 hours prior to such work The Engine
approve work outside the hours and/or days stated herein when, in hidher sole opinion, su(
conducted by the Contractor is beneficial to the best interests of the Agency. The Contract
pay the inspection costs of such work.
6-8 COMPLETION AND ACCEPTANCE. Add the following: All work shall be warranted fi
(1) year after recordation of a "Notice of Completion" and any faulty work or materials discc
during the warranty period shall be repaired or replaced by the Contractor, at its expense. T\
five percent of the faithful performance bond shall be retained as a warranty bond for the on
warranty period.
6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first SE
of the second paragraph and add the following: For each consecutive calendar day in ex1
the time specified for completion of Work, as adjusted in accordance with 6-6, the Contract1
pay the Agency, or have withheld monies due it, the sum of $1,000 Dollars.
Execution of the Contract shall constitute agreement by the Agency and Contractor that $I,(
day is the minimum value of costs and actual damages caused by the Contractor to compl
Work within the allotted time. Any progress payments made after the specified completion da
not constitute a waiver of this paragraph or of any damages.
Add the following:
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SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR
7-3 LIABILITY INSURANCE. Add the following: All insurance is to be placed with insurt
have a rating in Best's Key Rating Guide of at least A-:V and are admitted and authorized to (
business in the state of California and are listed in the official publication of the Departr.
Insurance of the State of California.
7-4 WORKERS' COMPENSATION INSURANCE. Add the following: All insurance is to be
with insurers that are admitted and authorized to conduct business in the state of California E
listed in the official publication of the Department of Insurance of the State of California. F
issued by the State Compensation Fund meet the requirement for workers' compensation insu
7-5 PERMITS. Except as specified herein the ager
obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, and building i
necessary to perform work for this contract on Agency property, in streets, highways (excep
highway right-of-way), railways or other rights-of-way. Contractor shall not begin work i
permits incidental to the work are obtained. The Contractor shall obtain and pay for all perr
the disposal of all materials removed from the project. The cost of said permit(s) shall be inch the price bid for the appropriate bid item and no additional compensation will be allowed there1
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Modify the first sentence to read:
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7-8 PROJECT SITE MAINTENANCE.
7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control requirec
shall also be executed on weekends and other non-working days when needed to pres€ health safety or welfare of the public. The Contractor shall conduct effective cleanup al
control throughout the duration of the Contract. The Engineer may require increased IC
cleanup and dust control that, in hidher sole discretion, are necessary to preserve the heaitt-
and welfare of the public. Cleanup and dust control shall be considered incidental to the i
work that they are associated with and no additional payment will be made therefor.
7-8.5 Temporary Light, Power and Water. The Contractor shall loc
use service lateral to site for water used for the construction, plant establishment, maintc
cleanup, testing and all other work requiring water related to this contract.
The Contractor shall pay all costs of temporary light, power and water including hookup,
meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be con
incidental to the items of work that they are associated with and no additional payment will b
therefor.
Add the following section: 7-8.8 Noise Control. All internal combustion engines used in the construction shall be e
with mufflers in good repair when in use on the project with special attention to the City Noise
Ordinance, Carlsbad Municipal Code Chapter 8.48.
Add the following section: 7-10.3.2 Maintaining Traffic. Attention is directed to Sections 7-10 SSPWC “Public Conv
and Safety.“ Nothing in these Special Provisions shall be construed as relieving the Contrac
its responsibility as provided in said Section 7-10. If illuminated traffic cones rather than p
delineators are used during the hours of darkness, they shall be affixed or covered with r
cone sleeves as specified in CALTRANS “Standard Specifications”, except the sleeves
seven (7) inches long.
The Contractor’s personnel shall not work closer than six (6) feet, nor operate equipment wi (2) feet from any traffic lane occupied by traffic. For equipment the two (2) feet shall be m
from the closest approach of any part of the equipment as it is operated and/or maneul
performing the work. This requirement may be waived when the Engineer has given
authorization to the reduction in clearance that is specific to the time, duration and location
waiver or for the work of installing, maintaining and removing traffic control devices. As a c
of such waiver the Engineer may require the Contractor to detour traffic, adjust the wid realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers.
Personal vehicles of the Contractor’s employees shall not be parked within the travel
including any section closed to public traffic. Whenever vehicles or equipment are parke
shoulder within six (6) feet of a traffic lane, the shoulder area shall be closed with fluoresce
cones or portable delineators placed on a taper in advance of the parked vehicles or equipr
along the edge of the pavement at 25-foot intervals to a point not less than 25 feet past
vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be
the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be moun
telescoping flag tree with flags. The flag tree shall be placed where directed by the Engir
construction traffic control devices shalt be maintained in good order and according to
throughout the duration of work. During the entire construction, a minimum of two pavt
lanes, not less than twelve (12) feet wide, shall be open for use by public traffic in each dir
Add the following:
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Add the following section:
7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of
traffic lanes in accordance with the details shown on the plans, CALTRANS “Manual of
Control”, 1996 edition and provisions under “Maintaining Traffic” elsewhere in these
Provisions. The provisions in this section will not relieve the Contractor from its responsi
provide such additional devices or take such measures as may be necessary to maintain
safety.
When lanes are closed for only the duration of work periods, all components of the traffic
system, except portable delineators placed along open trenches or excavation adjacent
traveled way, shall be removed from the traveled way and shoulder at the end work period
Contractor so elects, said components may be stored at selected central locations, approved
Engineer, within the limits of the right-of-way.
Add the following section:
7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all ne(
precautions for the safety of employees on the work and shall comply with all applicable provis
Federal, State and Municipal safety laws and building codes to prevent accidents or injury to F
on, about, or adjacent to the premises where the work is being performed. The Contract(
erect and properly maintain at all times, as required by the conditions and progress of the m
necessary safeguards for the protection of workers and public, and shall use danger signs v
against hazards created by such features of construction as protruding nails, hoists, well holc
falling materials.
7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect th
include Chapter 11.06. Excavation and Grading. If this notice specifies locations or p
materials, such as borrow pits or gravel beds, for use in the proposed construction projec
would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the cor
established pursuant to Section 1601 et seq. of the Fish and Game Code shall become condi
the contract.
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SECTION 9 -- MEASUREMENT & 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 I I the U.S. Standard Measures.
9-3 PAYMENT.
9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee I
shall not be affected by any payment but shall commence on the date of recordation of the “N
Completion’’
9-3.2 Partial and Final Payment. Add paragraph 6 et seq. as follows: After final inspecti
Engineer will make a Final Payment Estimate and process a corresponding payment. This e
will be in writing and shall be for the total amount owed the Contractor as determined
Engineer and shall be itemized by the contract bid item and change order item with quantiti
payment amounts and shall show all deductions made or to be made for prior paymer
amounts to be deducted under provisions of the contract. All prior estimates and progress pa
shall be subject to correction in the Final Payment Estimate. 1.
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The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate tc
written statement disputing any bid item or change order item quantity or payment amour
Contractor shall provide all documentation at the time of submitting the statement suppoi
position. Should the Contractor fail to submit the statement and supporting documentation wi
time specified, the Contractor acknowledges that full and final payment has been made
contract bid items and change order items.
If the Contractor submits a written statement with documentation in the aforementioned til Engineer will review the disputed item within 30 calendar days and make any app
adjustments on the Final Payment. Remaining disputed quantities or amounts not approved
Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascer
basis and amount of said claims. The Engineer will consider and determine the Contractor’:
and it will be the responsibility of the Contractor to furnish within a reasonable time such
information and details as may be required by the Engineer to determine the facts or coni
involved in its claims. Failure to submit such information and details will be sufficient ca
denying the claims.
9-3.2.1 Payment for Claims. Add the following: Written statement shall be submittec
Agency within 30 calendar days of receipt of Final Payment for all claims for the entire proji
claim will be considered that was not included in this written statement, nor will any claim be
for which written notice or protest is required under any provision of this contract including :
3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4
Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has compl
notice or protest requirements.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascei
basis and amount of said claims. The Engineer will consider and determine the Contractor’:
and it will be the responsibility of the Contractor to furnish within a reasonable time suct
information and details as may be required by the Engineer to determine the facts or con
involved in its claims. Failure to submit such information and details will be sufficient ci
denying the claims.
Payment for claims shall be processed within 30 calendar days of receipt of the written state
further information, whichever is longer, for those claims approved by the Engineer. The Cc
shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for thosc
remaining in dispute.
Add the following section:
9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory 1
be made at the stipulated lump-sum price bid therefor in the bid schedule. The Contract lu
price paid for mobilization shall not exceed $5,000 dollars, and includes full compensi
furnishing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment and inc
and for doing all the work involved in mobilization and preparatory work and operations, ir
but not limited to, those necessary for the movement of personnel, equipment, suppl
incidental to preparing to conduct work on and off the project site and other off-site
necessary for work on the project; for all other facilities, sureties, work and operations which
performed or costs incurred prior to beginning work on various contract items on or off tht
site, excepting those specifically paid for under separate sections of these specificatior
Contractor hereby agrees that the stipulated lump sum amount is sufficient for Mobiliza
Preparatory Work, as described in this section, and that the Contractor shall have no
additional compensation for Mobilization and Preparatory Work.
4w p,@ 1/08/98 Contract No. 3597 Page 59 of 97
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I Progress payments for Mobilization and Preparatory Work will be made as follows:
For the first progress payment (after the issuance of the Notice to Proceed), forty percent (4
the amount bid for Mobilization And Preparatory Work will be allowed. For the second pr
payment, an additional sixty percent (60%) of the amount bid for mobilization and preparatoi
will be allowed therefor.
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SECTION 16550 E LIGHTING
PART 1 - GENERAL
1 .Ol SCOPE: Provide lighting fixtures, lamps, accessories for skateboard surfaces.
I.
I I .02 QUALITY ASSURANCE:
1 specified. A. Manufacturers: Substitutions to manufacturers listed with each item may be m
B. Laboratory Testing: Photometric testing shall be by a certified independent tes
Laboratory, based on Illuminating Engineering Society published procedures, i
shall include candlepower distribution tabulation and zonal cavity coefficient of
utilization tabulation.
Reference Standards: Test to meet applicable Underwriters' Laboratory, Inc.
applicable standards.
1.
2.
3.
4.
5.
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Underwriters' Laboratories No. 57 - Fixtures, Electric Lighting.
Underwriters' Laboratories No. 1752 - Fixtures, High Intensity Discharg
Lighting.
Underwriters' Laboratories No. 1571 - Fixtures, Incandescent Lighting.
Underwriters' Laboratories No. 1029 - Ballast, High Intensity Discharge
Lighting.
Certified Ballasts Manufacturers Association - Lamps and ballast comb
safety and performance standards.
1.03 SUBMITTALS:
EO
A. Failure to provide any of the following information with the alternate submittal v
grounds for rejection of the alternate. Each item listed below shall be provided
form of clear and concise statements and/or plans and drawings which can be
read and clearly interpreted. Each item shall also be clearly lettered to corresr
with the following list. All items shall be assembled in the order indicated and
secured or bound in a neat and orderly fashion for easy use and reference. Bi
requesting to use equipment other than that specified shall submit ten (IO) da
to bid opening the following.
1. Submit manufacturer's literature giving materials, finishes, dimensions,
coefficients of utilization, and lamp types for each fixture which is the pi of one of the listed acceptable manufacturers.
Submit large scale shop drawings and copies of independent testing
laboratory test report, along with manufacturer's literature for each fixtu
which is the product of any manufacturer not listed as acceptable.
Subject samples of fixtures upon specific request.
2. I
3.
4. Certificates: Labels of Underwriters' Laboratories, Inc., Certified Ballas
Manufacturers, and Electrical Testing Laboratories affixed to each iter
material.
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5. Lighting layout design showing luminary mounting heights, aiming focu
points, reflector types number of luminaries per pole and kilowatt consu
A drawing of the Sports Lighting Structure meeting or exceeding specifi
criteria.
Computer generated point-by-point analysis of field light values as set f
accordance with lighting performance specifications.
Computer generated spill/glare analysis in accordance with lighting
performance specifications.
Written statements of model number and manufacturer for all equipmer
Written warranty from the pole and fixture manufacturer covering entire
structure as outlined in specifications.
Certified engineer, independent of manufacturer, shall verify and stamp
load test of luminary assembly to meet or exceed structural strength as
Complete U.L. report covering the entire assembly being bid as describi
specifications.
Complete photometrics prepared by an independent test laboratory cov
beam definition and maximum candlepower at specific degrees above i
below maximum candlepower in the vertical plane.
Manufacturer shall submit in writing a minimum of five similar lighting pr
in the State of California where the specifications outlined have been mi
Include the project name, contact person and telephone numbers.
Fixture manufacturer shall submit a letter guaranteeing that footcandle I
and uniformity's as specified will be met. In addition, manufacturer's rer
to deficiencies will be noted.
There shall be provided by the pole supplier sufficient data and calculati
show that the specified criteria will be met.
The manufacturer must provide complete pole structural calculations an
footing design prepared and stamped by a California Structural Enginee
the submittal package.
6.
7.
8.
9.
IO.
11. 1 described in specifications.
12.
13.
14.
I,
15.
16.
17.
1.04 LIGHTING PERFORMANCE:
The manufacturer shall supply lighting equipment and computer generated point by PO
analysis to meet the following:
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150' From Boundary
Max. Foot-candles
Average Foot-candles
'0
Horizontal Foot-candles Foot-candles with meter aimed toward
brightest light bank
.0.13 0.69
.0.07 0.43
Nema Type Reflector
Nema 3B
Nema 3D
Nema 4
Nema 5
Nema 6
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Candlepower Degrees Above Maximum
Candlepower in Vertical Plane
2,000 28.5 degrees
2,300 28.5 degrees
800 37.5 degrees
980 52.0 degrees
390 60.0 degrees
Nema Type Reflector Candlepower
Nema 3B 964900
Nema 3D 520200
Nema 4 3551 00
Nema 5 201 390 I Nema 6 155880
I. Degrees Below Maximum
Candlepower in Vertical Plane
-1.5 degrees
-1.5 degrees
-2.5 degrees
-4.0 degrees
-4.0 degrees
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I 6. For final approval of the project the contractor at his cost shall provide tl
testing and a final report from the test results that shall provide the folio\
items:
a. Identification of number and location of the test stations.
b. Actual horizontal foot-candle readings taken at each test station
c. Actual spill/glare foot-candle readings taken at each test station. I d. Number of hours of operation.
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Type of Construction Concrete
Class
Concrete Slab-on-grade 560-B-3250 (I)
Light Foundations 560-C-3250 8
Maximum
Slump mm (In
100 (4”)
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Procurement Services, Office of Material Operations, 1900 Royal Oaks Drive, Sacramer
9581 9 and as modified herein. Where the “SPECIFICATION FOR REFLECTIVE SHEETING October 1993” require the Contractor or supplier to notify the Department of Transportatic
certify compliance to said SPECIFICATIONS, to provide a quality control program or to allow
approval, observation of manufacturing or assembly operations by the State of Ca
Department of Transportation and/or its employees or officials, such rights shall be vestec
Engineer.
Add the following section:
206-7.2 Sign Identification. Modify the “SPECIFICATIONS FOR REFLECTIVE SHE
SIGNS, October 1993” as follows: Sign identification shall be as per “SPECIFICATION
REFLECTIVE SHEETING SIGNS, October 1993”, except that the notation shall be “ROPEF
THE CITY OF CARLSBAD”.
Add the following section:
206-7.3 Drawings. Modify the “SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, (
1993” as follows: Standard signs shall be as per the most recently approved “APPROVE1
SPECIFICATION SHEETS” of the State of California, Department of Transportation. The
approval shall be the date most closely preceding the date of manufacture ofdhe sign@) or t
of the “Notice to Proceed” of this contract, whichever is most recent.
Add the following section:
206-7.4 Reflective Sheeting. Modify the “SPECIFICATIONS FOR REFLECTIVE SHE
SIGNS, October 1993” as follows: All warning signs and all regulatory signs, excepting on1
hereinafter listed, shall be fabricated with Type Ill encapsulated lens sheeting conforminc
requirements of this specification. Signs listed below shall be fabricated with Type II encar
lens sheeting conforming to the requirements of this specification. Regulatory signs which !
fabricated with Type II encapsulated lens sheeting are: R5; R24 through, and including, R3;
through, and including, R53C; R62A through, and including, R62D; R74 through, and in
R96C; and R99 through, and including, R105A.
Add the following section:
206-7.5 Substrate. Modify the “SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, (
1993” as follows: Excepting only construction warning signs used at a single location
daylight hours for not more than five (5) consecutive days, all signs used for the direction, v
and regulation of vehicle (including bicycle) and pedestrian traffic shall use aluminum substral
Add the following section:
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206-8 LIGHT GAGE STEEL TUBING AND CONNECTORS.
Add the following section:
206-8.1 General. This Section pertains to 1 O-gage and 12-gage cold-rolled steel perforate1
used for the support and stabilization of signs. All shapes shall have a galvanized finish and
cold-roll-formed steel conforming to ASTM Designation A-446, Grade A. Galvanizing shall cor
ASTM A-525, Designation G-90. Galvanizing shall be performed after all forming and p
operations have been completed. Cold-rolled steel perforated tubing shall be perforated on
faces with 1 1 mm (7/16) holes on 25 mm (1 ”) centers. 1
4- aS 1/08/98 Contract No. 3597 Page 67 of 97
Nominal Outside Dimensions
mm (inches) 1 25 x 25 I (1 x 1)
Outside Tolerance for 411 Sides at Corners
mm (inches)
0.13 I 0.005
Nominal Outside Dimension
mm (Inches)
25 x 25 (1 XI) 1 Squarenesd’) Twist Permissible in 900 n
mm (Inches) mm(2) (Inct
0.15 1 0.006 1.3 1 0.050
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SECTION 212 - LANDSCAPE AND IRRIGATION MATERIALS
212-1 LANDSCAPE MATERIALS.
212-1.2.3 Commercial Fertilizer. add the following: Preplant fertilizer shall be f
commercial fertilizer 7-7-7 or approved equal. Post-plant fertilizer shall be 12-4-6 or approve
with Ca, Fe, Zn, and Mn and with the majority of nitrogen in nonammoniac form to
acidification of soil. Planting tablets shall be compressed fertilizer tablets with a 20-10-5 a
Hydroseed fertilizer shall be long-lasting, controlled-release, plastic-coated, uniform in comp
free-flowing, suitable for application with approved equipment, and shall contain the rr
available percentages of nitrogen, phosphoric acid, potash and sulfur required by tabk
1.2.5.1 (A) through 212-1-2-5-3(A).
212-1.2.4 Organic Soil Amendment. Add the following: Organic soil amendment shall bi
1 ”.
212-1.2.5 Mulch. Add the following. Mulch, where required, shall be “Type 1”.
212-1.2.6 Herbicides and Pesticides. Shall be used in their appropriate applications wi
adherence to manufacturer’s specifications and instructions. Postemergent herbicide for a
shall be Roundup, Diquat, Montar, or approved equal. Preemergent herbicide for shru
groundcover areas planted from flats shall be Treflan, Surflan, Eptan, or approved equal.
Add the following section:
212-1.2.7 General Soil Conditioners. Agricultural-grade gypsum shall be a calcium
(CaSO, H,O) product - 94.3 percent. 90 percent shall pass a 50-mesh screen. Control of dus application is mandatory.
Iron Sulfate shall be ferrous sulfate in pelletized or granular form containing not less thi
percent iron expressed as metallic iron. Iron Sulfate pellets shall be of size and gradation SI
98 percent is retained on a 10-mesh screen.
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212-1.4.1 General. Add the following: Plants shall be the variety and size shown on the pla
the special provisions and shall conform to the requirements of these specifications. Contrac
notify the Engineer 48 hours before each plant delivery so that the Engineer can inspect the
The scientific and common names of plants herein specified shall conform to the approved
given in “A Checklist of Woody Ornamental Plants in California, Oregon and Washington” pi
by the University of California, Division of Agriculture Sciences, Publication 4091 (1 979). Eac
of plant materials delivered on site shall be labeled clearly as to species and variety. All p
plants (cultivars) required by the plant list shall be delivered with a proper plant patent attach
Contractor shall obtain clearance from the County Agricultural Commissioner, as required
before planting plants delivered from outside the County in which they are to be planted. E
that clearance has been obtained shall be filed with the Engineer. All plants furnished
Contractor shall be true to type or name as shown on the plans and shall be tagged identifi
plants by species or variety; however, determination of plant species or variety will be mad(
Engineer and the Engineer’s decision shall be final. Plants shall be individually tagged or ta
groups by species or variety. Carpobrotus cuttings need not be tagged. All plants shall corr
Federal and State laws requiring inspection for plant diseases and infestations. In:
certificates required by law shall accompany each shipment of plants, and certificates :
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Plants furnished by the Contractor shall be healthy, shapely, and well-rooted, and roots shal
no evidence of having been restricted or deformed at any time. Plants shall be well-grown, frc
insect pests and disease, and shall be grown in nurseries which have been inspected by tht
Department of Food and Agriculture and have complied with the regulations thereof.
The Engineer is the sole judge as to acceptability of each plant. Vigorous, healthy, well-propo
plants are the intent of this specification. Plants which are even moderately “overgrown”,
showing signs of decline or lack of vigor, are subject to rejection. The size of the plants will
shown on the plans. Plants larger in size than specified may be used with the approval
Engineer, but the use of larger plants will make no change in contract price. If the use of larger
is approved, soil amendments shall be increased proportionately. All plants not conforming
requirements herein specified shall be considered defective and such plants, whether in place
shall be marked as rejected, and immediately removed from the site and replaced with new pl;
the Contractor at the Contractor’s expense. The Engineer reserves the right to change the si
variety, and/or sizes of plant material to be furnished, provided that the cost of such plant cl
do not exceed the cost of plants in the original bid, and with the provision that the Contractors
notified in writing, at least 60 days before the planting operation has commenced.
No plant shall be transported to the planting area that is not thoroughly wet throughout the
earth surrounding the roots. Any plant that, in the opinion of the Engineer, has a damaged r
or is dry or in a wilted condition when delivered to the planting area will not be accepted, and 5
replaced by the Contractor at the Contractor’s expense. Each plant shall be handled and pa
the approved manner for that species or variety, and all necessary precautions shall be t;
ensure that the plants will arrive at the site of the work in proper condition for successful s
Trucks used for transporting plants shall be equipped with covers to protect plants from windb
Root condition of plants furnished by the Contractor in containers will be determined by rem
earth from the roots of not less than 2 plants nor more than 2 percent of the total number of p
each species or variety, except when container-grown plants are from several sources, the I
not less than 2 plants of each species or variety from each source will be inspected by the Er
In case the sample plants inspected are found to be defective, the Agency reserves the
reject the entire lot or lots of plants represented by the defective samples. Any plants re
unsuitable for planting because of this inspection will be considered as samples and will not
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The Contractor shall notify the Engineer when plants are to be shipped to the project sit(
notification shall be given not less than 10 days prior to the actual shipment date.
The Contractor shall notify the Engineer of the location where cuttings are to be taken at I
days prior to taking the cuttings and shall be responsible for all permit and inspection fees inv
obtaining cuttings.
212-1.5.3 Tree Stakes. Modify as follows: Tree stakes shall be 50mm (2”) diameter
lodgepole pine, pointed on their driven end.
Add the following section:
212-1.8 Root Barriers. Root barriers shall be no less than Im (39“) in width. Root barric
be “Biobarrier”, as manufactured by Reemay, lnc., 70 Old Hickory Boulevard, Old Hick1
971 38, Phone 61 5-847-7000, or approved equal.
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212-2 IRRIGATION SYSTEM MATERIALS.
212-2.1.3 Plastic Pipe for Use with Solvent Weld Socket or Threaded Fittings, add the foll
Except as provided in this section, all buried piping in the irrigation system shall be install1
underground utility marking tape conforming to the requirements of section 207-21 and identifyi
reclaimed water. Intermittent pressure lines (lines on the downstream side of a controller valve
not be subject to constant pressure) will not require underground utility marking tape. All PL
used for irrigation systems shall be colored purple by the addition of a dye integral to the PVC.
pipe will not be accepted. Pressure mainline piping for sizes 50 mm (2) and larger shall t
having a pressure rating of 2170 kPa (315 PSI), S.D.R. 13.5. Stenciled pipe is required for all ir
system piping including portions not required to be marked with underground utility marking ta
pipe shall have stenciling appearing on both sides of the pipe with the marking “Reclaimed Watc
mm (5/s”) letters repeated every 300 mm (12). PVC non-pressure buried lateral line piping I
PVC Schedule 40.
212-2.2.7 Valve Boxes. Add the following: All valve boxes shall be marked “RCV”, “BV c
“PB” respectively. Remote control valves shall be marked with station numbers embossed
valve cover with a brass tag. (RCV boxes shall have locking covers.) Other boxes such
boxes, etc., shall be marked with appropriate identification.
Add the following section:
212-2.2.8 Ball Valves. Ball valves shall have bottom-loaded pressure-retaining stems,
reinforced seats, and reinforced TFE stem packing seals. Valves sizes 13 mm (X’) to 50 r
shall be pressure rated at 4140 kPa (600 PSI) WOG and 1030 kPa (150-PSI) saturated stean
valve shall be tested, air under water, in the opened and closed position by the manufactur
valve must conform to Federal Specification WW-V-35B, Type II, Class A, Style 3, End Connc
or C.
Add the following section:
212-2.2.9 Pressure Regulator Valve Pressure regulator valve shall be bronze body wit!
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Add the following section:
212-2.2.9 Wye Strainers. Wye strainers shall have a cast iron or all-bronze body with a ren
stainless steel or monel strainer. Wye strainers shall be capable of withstanding a colc
working pressure of 1034 kPa (1 50 psi). Wye strainers at backflow preventer assemblies :
equipped with a gate valve at the outlet. All other wye strainers shall be equipped with a
valve at the outlet.
The strainer screen for the wye strainer in a backflow preventer assembly shall have an opc
equal to at least 3 times the cross-sectional area of the pipe based on an iron pipe size and !
woven wire fabric with 850-pm mesh or perforated sheet with 1 .I4 mm (0.045”) diameter hole
All other wye strainers shall be equipped with 425-pm strainer screens.
212-2.4 Sprinkler Equipment. Add the following: All sprinkler heads are to have factory
check valves or a check valve under each head. Drip assemblies shall meet the fc
requirements: The drip emitter shall be Pepco Quadra or Rainbird XERI-Bird-8 or approved E
called on drawings, with four ports. Drip tubing for emitter outlets shall be Rainbird (RBT
Salco, or approved equal. Drip tubing stakes shall be Rainbird No. RS-13, Salco, or approvec Bug cap for drip tubing shall be manufactured by Rainbird, Pepco, or approved equal. 1
pressure regulator shall be Rainbird, Netafim PVR, or approved equal. Drip emitter filter !
Amiad, Rainbird, or approved equal. Drip emitter access boxes shall be Rainbird No. SEB-6) Subterranean Emitter Box, or approved equal. Check valves shall be of heavy-duty virg
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Page 71 of 97 1 p,s 1/08/98 Contract No. 3597
Hose Size-Nominal Minimum Wall Thickness*
(Millimeters) (Inches) (Millimeters) (Inches)
3.91 0.154
15
20
25 1 4.55 0.179
5 18 3.73 0.147
?4
I Range
(Percent)
12
12
12
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212-3 ELECTRICAL MATERIALS. o 212-3.1 General.
the 1996 National Electrical Code.
212-3.2.2 Conductors. Add the following: Low voltage electric wiring running from cont
the automatic control valves shall be no smaller than No. 14 solid single conductor, copp
0.015 mm (60 mil) insulation, 0.015 mm (60 mil) neoprene jacket, style UF (Direct Burial), o
color code wires to each valve. Neutral wires shall be white, no smaller than No. 12 soli(
conductor wire, 0.015 mm (60 mil) insulation, 0.015 mm (60 mil) neoprene jacket, style UF
Burial).
212-3.3 Controller Unit. Add the following: All controllers shall be grounded by one
(5/8") diameter by 3 m (IO') long stainless steel grounding rod and a 50-ohm resistance li
arrestor.
Add the following section.
21 2-3.4 Irrigation Electrical Service Equipment and Enclosures.
shall incorporate the following elements:
a) One 1 OO-amp, 120/240-volt, single-phase load center, as approved by the Engineer;
b) One IOO-amp rated commercial meter socket suitable for the San Diego Gas and
c) One 15-amp circuit breaker for each irrigation controller energized by the service;
d) One 20-amp circuit breaker for the duplex receptacle.
e) The design, assembly, grounding, wiring, and components of the irrigation electrical equipment and enclosure shall meet the requirements of the 1996 edition of the 1
Electrical Code. 9 Electrical service equipment shall be enclosed in a cabinet constructed entirely of 14-6
heavier, 304 stainless steel. The cabinet shall be of welded construction with a brushec
anchoring points shall be inside the enclosure.
g) The cabinet shall be HYDROSAFE Model No. HS9, Strong Box, or approved equal.
h) The cabinet shall have a 304 stainless steel
electrical service section from the irrigation controller section.
i) No wood components shall be used in the enclosure.
j) Each section of the cabinet shall have full front opening doors with piano hinges, integral and hasp and staple, or other provision, for padlock.
k) The cabinet shall be provided with cross-flow ventilation. Ventilation openings shall be
and designed to preclude rain, irrigation splash, vermin, and insects from entering the cabi
I) The controller side door shall have provision for mounting control schematics without the adhesives or fasteners. The service side door shall have a clear acrylic plastic window
the electrical meter to be read.
m)The cabinet shall have a duplex 15-amp, 120-volt receptacle with ground fault int
protection mounted on the interior service side.
n) Concrete footings and pads supporting the Electrical service equipment shall be 560-C-3:
shall be no less than 150 mm (6") thick.
0) Anchor bolts to secure the service equipment to the concrete pad shall be 10 man (3/") c
by 150 mm (6") long hot dip galvanized or stainless steel headed bolts with washers,
sleeves, conforming to section 304-1.7. Anchor bolts to secure the service equipmen
concrete pad shall be embedded in the concrete slab between 65 mm and 100 mm (2%" a
Add the following: All electrical materials shall conform to the requiren
Electrical service eqi
Company meter, with provision for test block bypass having a UL listing and EUSERC app
1.
interior bulkhead separating the 120/:
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Application of Geotextile
Erosion Control Fence with 1.8 m (6') Post Spacing & No Wire Fencing
Type Designation
200WS
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1 3. Lamps - Lamps shall be 1500 watt metal halide and shall meet ANSI
designation M48PC-1500 BU and be Philips #MH1500BU or an approvt
equal.
Reflector and Lamp Supports - The reflector shall be fastened to the Ian
cone with a reinforcing retaining ring containing an acrylic compressed 1
ring which centers and stabilizes the lamp in the reflector and provides I
shield to protect the lamp socket from heat.
Lens - A removable lens of impact and thermal resistant glass with silicc
gasket shall be centered in a stainless steel lens rim and attached to tht
reflector with a hinged cable or chain.
Aiming - The manufacturer shall provide a memory positioning device fc
luminary on the assembly. The device shall provide for automatic
repositioning of the aiming after relamping.
Field Alignment - Luminary assembly shall be provided from the factory
job site as a unit which may be universally oriented in a manner that thc
luminary assembly can be field aimed as a single unit.
Materials and Coatings - All steel components shall be hot dip galvanizl
ASTM A-123. High purity reflector grade aluminum shall be alzak finist
other aluminum components shall be heavy anodized to military MIL-A-
Type Ill (commercial AACl2A41) specification and shall further be coat
an epoxy primer and heavy top coat of polyurethane enamel. All non-c
carrying fasteners, hinges, and latches shall be stainless steel and shal
coated with a thermoset epoxy type organic coating such as Empigard
prevent galvanic interaction.
Crossarm Welding - Crossarms for the luminaire assembly shall be we1
the pole section before galvanizing by certified welders. Any additional
fasteners used for the attachment of accessories to the crossarm shall
stainless steel and coated with Empigard or equivalent.
Structural Strength - The crossarm, reflector and its attachment to the F
shall be provided by the manufacturer such that it will structurally withsl
winds of 125 m.p.h. with 1.3 gust factor without misalignment of any lur
and without any damage to the crossarms or its components. Luminar
shall be attached to the crossarm by a minimum of two bolts, which fas
shall be stainless steel and Empigard coated. There shall be no penet of the top or sides of the crossarm.
4. 1.
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6.
7.
8.
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9.
IO.
1 C. Wire Harness:
1. Strain Relief - The wiring harness shall be supported at the top of the I:
stainless steel wire mesh grip matched to the size of the harness. The
be not more than 13 conductors supported by a single wire mesh grip.
harness is longer than 65, an interim wire mesh grip support shall be I(
approximately half way down the pole.
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2. Strain Relief Slippage - There shall be protection around the conductors
addition to the insulation to protect from damage from the wire mesh gril
also to avoid slippage of the grip on the wire harness. The wire mesh gi
shall also be clamped to the harness with a cable tie at the bottom of the
to avoid loosening.
Pole Attachment - The wire mesh grip shall be mechanically attached to
pole to an enclosed mounting loop so that it cannot accidentally be rem(
any direction.
Spiral Winding - The harness being supported by the wire mesh grip sh:
consist of multiple 14 gauge THHN conductors and shall be continuous1
spiral wound and bound with Mylar wrap to prevent slippage of individui
conductors within the wiring harness. Additionally, a cable tie shall be t
wrapped around the harness at not more than 10' increments.
Abrasion Bumper - There shall be provided at 2' below the wire mesh g
then at not more than 10 ft. intervals along the entire length of the wire
harness an abrasion protective bumper device of soft, durable abrasive
resistant material not less than 2'' in diameter attached around the wirin
harness to protect the harness from striking and being abraded by the ii
surface of the pole.
Labeling - All wiring harness conductors shall be color-coded and clear1
labeled.
Plug-Ins - Each end of the wire harness shall be terminated into a plug-
conductors sequenced consistent with the pattern of the wiring schema
provided by the manufacturer.
Testing - All conductors and plug-ins shall be tested for resistance undc
for continuity, schematic sequence, and for insulation integrity. Manufa
shall ship with the wire harness a copy of the test results.
Grounding - There shall be included within the wiring harness one conc
for use as a grounding conductor. The grounding conductor shall be el
size to the load carrying conductors.
1.
3.
4.
5.
6.
7. 1.
8. 1
9.
D. Electrical Component Enclosure (ECE):
1. NEMA 3R - The ECE shall be a NEMA 3R rated gasketed enclosure to
the ballasts, capacitors, fuses, thermal magnetic circuit breaker, and
Two Compartments - The ECE shall be divided into two compartments
upper compartment shall house the ballasts, capacitors, and fuses. Tt
compartment shall provide for the thermal magnetic circuit breaker, dis
lugs, and connection of all circuits coming into and out of the ECE.
Galvanize - The ECE shall be heavy hot dip galvanized to ASBM A-12$
standards after fabrication to a thickness of not less than 3 mils. Conti
galvanized materials will not be accepted.
D distribution lugs.
2.
3.
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4. Stainless Steel - All latches, hinges, and non-current carrying fasteners,
outside or inside, the enclosure, shall be stainless steel and shall further
coated with a clear thermoset polymer coating such as Empigard to pre\
galvanic interaction. .
Hinged Door Access - The access door to the ECE shall be attached by
length stainless steel hinge and shall be secured when closed by lockat:
stainless steel latches.
Pole Attachment - The ECE shall attach to the pole by means of a devic
which is sufficient to align the ECE and support its weight. There shall I:
sealed joint with anon-threaded connection to provide wiring access froi
pole to the ECE for both the primary and secondary circuits. the connec
shall be gasketed for water-tight protection. All wire passages shall be
protected to prevent wire abrasion or damage.
Capacitors - In the ECE, capacitor cases shall be made from zinc coate
or aluminum and top coated with enamel. Each capacitor shall have a $
terminal welded to its case and such terminal shall be connected to groi
a grounding wire. The capacitor case shall not make direct contact with
surface of the ECE.
Disconnecting Device - There shall be provided within the ECE a U.L. li:
thermal magnetic circuit breaker such that electrical power to all equiprr
the pole served by the feeder circuit shall be disengaged by the operatic
one switch. The breaker shall be located in a compartment separated fi
any capacitors or ballasts.
Lugs - The breaker shall provide landing lugs for the conductors which
5.
1.
6.
7.
8.
9.
ID,
1 power to the pole.
IO. Distribution Terminal Blocks - There shall be provided by the manufacti set of distribution terminal blocks which shall be factory wired from the I
to the blocks. These blocks shall provide for termination of all ballast
connection wiring.
Fusing - There shall be provided an individual fuse for each ballast con!
except neutral conductors which shall not be fused or switched.
Plug-In - All lamp supply circuits in the ECE shall be color-coded and la
and shall terminate into a U.L. recognized plug-in device in the lower
compartment of the ECE in a manner suitable for plug-in to the wiring 1-
Wire Harness Connection - The wiring harness circuits from the lamps
attached to the ECE circuits by U.L. recognized plug-in connectors.
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12.
13.
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14. Grounding - There shall be provided in the ECE located in the lower
compartment of the enclosure one equipment grounding lug rigidly fast€
the enclosure, sized to accept up to 110 conductor. There shall also be
provision in the upper compartment for a ground terminal of sufficient si
permit connection of the grounding conductors from the capacitors and
ground wire from the wiring harness.
Ballast Type - There shall be an individual ballast for each luminary. Tt-
ballast shall be a lead peak auto-regulating ballast and be available for with 240 volt single phase. The ballast shall be located remote from the
luminary crossarm and shall be placed approximately ten (1 0) feet abo\
ground level. Ballast box must be a NEMA 3R enclosure and must be
manufactured by the luminary assembly manufacturer and all mounting
hardware shall be included with the ballast box assembly. The remote
system described above shall be located on the same pole as the lumir
assembly in the NEMA 3R enclosure with the capacitors and the capac
shall operate in ambient air not to exceed 70 degrees C as established Test Standards. The assembly design shall be adaptable to various st:
ballast and must retain U.L. listing.
Drawings Attached - The manufacturer shall provide an electrical scher
the ECE circuits, which schematic shall be of a durable material and aff
the inside of the ECE door for use by maintenance personnel.
Location - The ECE shall be attached to the pole with the lower end
approximately 10 feet above grade at the pole foundation.
U.L. Listing - The ECE shall be listed by U.L. both for use with 90 degre
rated supply conductors and as suitable for use in wet locations.
15.
16.
17.
18.
E. Pole Structure:
'0
1. Safety Factors - AASHTO structural design criteria shall be used to det
the pole stress allowance.
Wind Factors - The poles and foundations shall be designed to withstar
mph winds based upon UBC-C standards utilizing the 50 year mean rei
isotach wind map data.
Height and EPA - The pole shall be designed to provide a mounting hei
above the surface at its foundation of 70, 80 and 90 feet and to be of si
strength to support the effective projected area (EPA) of the pole and a
attached devices including, as applicable, light fixtures, crossarms, mol
brackets, ballast boxes, and any other devices which are to be attache1
2.
3.
# pole.
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4. Pole Material - The pole shaft shall be high strength low alloy tapered tu
steel with galvanized coating inside and out. All connections of pole sec
shall be by slip fitting the top section over the lower section by a length c
least 1 1/2' diameters.
Resistance to Corrosion - Steel components of the pole shall be hot dip
galvanized ASTM A-123. Steel portions of the pole shall be constructec
that all segments of the pole can be readily heated to like temperatures
commercially available galvanizing methods.
To avoid problems of galvanize adherence to differing steel alloys, all st1
components used for the pole must be of the same type steel.
All exposed steel components of the pole shall be at least 18" above thf
surface of the ground to avoid exposure of the steel to the heavily moisi
and oxygen laden air, both above and below the surface. There shall b
to cover the top of the pole so that rain will not enter the interior of the p
To avoid stress corrosion of the pole, there shall be no critical stress PO
the steel portion of the pole within 18" of the ground.
5.
1.
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F. Foundation:
1. Safety Factor - Broms safety factor of three (or UBC) shall be used in tt
foundation design.
Foundation Strength - Any concrete portions of the pole in which steel
components that provide tension strength are contained, shall be allowl
harden for a minimum of 28 days before stress loads of pole attachmer
2. 1.
1 applied.
3. Concrete Material - The foundation of the pole shall be constructed of r than 9,500 psi prestressed centrifically cast concrete such that the stee
reinforcement within the concrete shall be protected from slippage and
exposure to oxidation through voids in the concrete or exposure of the
through porous concrete material.
Soil Conditions - The design criteria for these specifications are based 1
conditions with 2000 psf soil at the surface. It shall be the contractor's
responsibility to notify the owner of soil conditions other than the desigr
criteria. The owner shall then be responsible and absorb the additional
associated with:
a.
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Providing engineered foundationlembedment design by a regis engineer in the State of California for soils other than specified
conditions.
Additional materials required to achieve alternate foundation.
Excavation and removal of materials other than normal soils, si rock, caliche, etc.
b.
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G. Safety - Special Conditions:
1. U.L. Listing - There shall be provided a U.L. listing for all electrical comp
from its connection to the feeder conductors, to its completion at the Ian-
socket including all connections. This listing shall be based upon U.L. tf
and evaluation of the compatibility of the enclosures and the componenl
use in combination in this application in addition to the individual compoi
being U.L. listed or recognized.
U.L. Test Report - Bidder shall supply in advance of bid a copy of the co
Underwriters Laboratory report covering the entire luminary assembly bl
bid for the owner's review and retention. Partial U.L. files will not be acc
per the requirements of U.L.
Codes - Sports Lighting Structure shall meet National Electrical code.
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2.
3. 1 4. Warranty
a. Contractor and Manufacturer shall warrant in writing the entire
structure (excluding fuses and lamps) to be free from defects in
materials and workmanship for a period of seven years starting
the date of delivery.
Contractor and Manufacturer shall warrant in writing to provide I
and materials for a period of two years to replace defective part!
repair defects in workmanship. For the remainder of the warran
period, replacement materials will be provided at no charge.
Lamps shall be warranted by the contractor and manufacturer ir
writing not to fail for two years from the date of delivery. Lamps
fail during the first year of the warranty period will be replaced a
installed at no cost to the owner. Lamps which fail during the SE
12 months will be replaced by the manufacturer but installation \
the owner's responsibility.
Manufacturer warrants in writing accurate alignment of the lumir
on the luminary assembly for a period of seven years starting fr
date of delivery.
b.
c.
1.
d.
e. The contractor at his cost shall furnish to the owner of the facility 59
lamps and 6 extra fuses for future use. I SECTION 215 - CUSTOM ARTWORK
215-1 Skate Park Artwork add the following section: Contractor will sub-contract artwork ti
Two of Carlsbad, 3745 Highland Drive, Carlsbad, CA 92008. Telephone number 760-72!
Studio Two will design and fabricate tile placed on wonder board ready for contractor to I
entryway area. Contractor and sub-contractor will agree on dimensions prior to sub-cc 1 completing the work.
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Studio Two will design and provide template of the artwork, the stain and application instruct
the short four foot wall. Contractor will budget $2,000 for Studio Two’s portion of the work. 0
“WAIVER. The artist recognizes that he or she may have certain rights arising from
the “California Art Preservation Act“ (Civil Code 5987 et seq.) or the “Visual Artist’
Rights Act of 1990” (17 U.S.C. $101 et seq.). Those Acts require that a waiver of their
provisions be expressly made in writing and being fully informed, the artist and his or
her agents, heirs, successors and assigns hereby waive any and all rights he or she
may have under the provisions of the “California Art Preservation Act” (Civil Code
5987 et seq.) or the “Visual Artists’ Rights Act of 1990” (17 U.S.C. 5101 et seq.). The
artist, his or her agents, heirs, successors and assigns further agree not to attempt to
defeat this waiver by cooperating, encouraging or assisting any organization whicb
seeks to bring an action under these Acts.”
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I SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
I.
1 PART 3, CONSTRUCTION METHODS
SECTION 300 - EARTHWORK
300-1 CLEARING AND GRUBBING.
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300-1.1 General. add the following to the third paragraph: During surface clearing operatic
Contractor shall not cover or bury any plant growth or other objectionable materials.
Contractor cannot successfully separate the plant growth from the surface soil and advert€
inadvertently mixes organic or other objectionable materials with the soil, the soil so contan
shall be removed from the site by the Contractor. All costs, if any, associated with removing
mixed with organic or other objectionable materials and importing soil to replace said contan
soil shall be borne by the Contractor and no additional payment therefor shall be made
Contractor.
300-1.1 General. add the following to the second paragraph: If the Contractor stockp
otherwise deposits soil or unclassified excavation materials, on the stockpile area shc
Appendix 'XX' it shall clear and grub the area over which stockpiled soil or unclassified exc,
materials are placed.
300-1 .I General. add the following: All clearing and grubbing, including the removal of
and grubbed materials, must be completed and the resultant surface made availa
measurement by the Engineer prior to the Contractor starting any unclassified excavatiot
Contractor shall notify the Engineer three (3) working days prior to completing clearing and g
and the removal of all deleterious material from the site. The Engineer intends to schedi
perform field survey of the entire site for the following working day. If the Contractor t
removed all deleterious material from the entire site by the day before the scheduled field WI
field work will be cancelled and not rescheduled until the Contractor has completed rem0
material from the entire site. The Contractor shall not be entitled to any additional compens
extensions in time if the field work is cancelled due to the Contractor not completing clear1
grubbing and removal operations as scheduled. If the entire site cannot have field work pel
because of weather, poor visibility or adverse flight conditions the Contractor will be entitl
corresponding time extension but not entitled to any additional compensation due to the delay
300-1.3 Removal and Disposal of Materials. add the following: Also included in clear
grubbing shall be removal and disposal of existing abandoned underground pipes and condi
other existing features which interfere with the work, whether or not such items are called OL
plans or in the specifications for removal.
300-1.4 Payment. modify as follows: Payment for Clearing and Grubbing shall be mad
contract lump sum price for clearing and grubbing and no other payments will be made.
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300-2 UNCLASSIFIED EXCAVATION. ' 300-2.1 General. add the following: Unclassified excavation shall include removal and st1
of suitable material, recompaction, mixing, grading for mitigation work, trenching and backfi
storm drains, sewers, other utilities, disposal of unsuitable materials not included in the bid il
clearing and grubbing, all cut and fill including removal and recompaction of unsuitabl
salvaging clean excavated material and filling areas to the required grades and cross s
Unclassified excavation shall be utilized onsite to make all fills shown on the plans. Unck
excavation shall also include scarification and moisture adjustment and compaction of t
600 mm (2-feet) of subgrade under the slab, stairs, and curbs to 95 percent relative compactio
300-2.2.1 General. add the following: Alluvial and colluvial removal and recompactio
consist of excavating, blending and recompacting loose soils in areas that are designated to
fills. The existing loose soils shall be removed until a firm unyielding surface is exposed depth determined by the Engineer. If the excavated material contains 4% more water tt
optimum moisture content the Contractor shall blend the wet soil with soils having a lower m
content and/or spread the excavated material in a manner that enables the material to
optimum moisture content. The cost of spreading and/or drying shall be included in the contr
price for removal and recompaction. The excavated material shall be placed and compa
accordance with section 300-4 of the specifications except that section 300-4.9, Measuremf
300-2.2.1 General. add the following to the first paragraph: Such direction may include, bi limited to, directing the Contractor to blend, adjust moisture content of, rework, and place un: soils at specific locations or elevations on the site.
Add the following section:
300-2.2.3 Compressible Soil. Compressible soils such as existing uncontrolled or unacc
fill, alluvium, and colluvium may exist within portions of the Project site. Where required
Engineer, such compressible soils shall be removed from areas to receive fill or from are:
which surface improvements are to be placed. The removal and disposal of such compressit
shall be paid for at the Contract Unit Price for unclassified excavation unless it is con
otherwise unsuitable by the Engineer in which case it may be paid for in accordance with
1 Payment, shall not apply.
8 @
300-2.2.1.
300-2.2.4 Instability of Cuts. Add the following: The Contractor shall remove additional I
as directed by the Engineer to improve the stability of excavated cuts. The removal 1
excavated material shall be paid for at the Contract Unit Price for unclassified excavation unl
considered otherwise unsuitable by the Engineer, in which case it will be paid for in accordar
Subsection 300-2.2.1.
300-2.5 Slopes. add the following: The hinge points (the top and bottom) of slopes !
located within 75 mm (0.25') of the locations shown on the plans.
300-2.5 Slopes. add the following: after the first sentence of the first paragraph: A slope
defined as any area steeper than three horizontal to one vertical.
300-2.6 Surplus Material. add the following: The Contractor shall haul and dispose of all
material from the project. The Contractor shall utilize highway legal haul trucks for this e
material from the project site and to a site secured by the contractor. No earth moving equir
special construction equipment, as defined in section 565 of the California Vehicle Code
allowed for hauling material on public streets. 0
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300-2.9 Payment substitute the following: Payment for Unclassified Excavation will be madc
unit price bid in the proposal. Only the quantity of unclassified excavation measured shall I
for. No excavated material which is re-excavated will be paid for. The Engineer’s calculatior be considered the definitive determinant for quantities for final payment. All topographic su
and calculations necessary to quantify payment quantities for Unclassified Excavation s performed by the Engineer.
Payment for Unclassified Excavation shall include costs of surveying, staking, prepar:
earthwork quantity reports, placement, compaction, soil remediation, moisture adjustment an therefor, rework of compressible soils, slope rounding, grading, stockpiling, access road, ten detour roads, earthen swales and drainage channels as shown on the drawings or required
Add the following section:
300-2.10 Grading Tolerance. Excavated areas other than slopes and subgrade below stri
within the roadway and sidewalk areas shall be finished within 30 mm (0.1’) of the grades sh
the plans. Subgrade tolerances shall conform to the requirements of section 301-1.4 SSPWC
I contract documents.
300-3 STRUCTURE EXCAVATION AND BACKFILL
300-3.1 General. add the following: The Contractor shall excavate to the lines and levels r
and/or shown on the Drawings. The Contractor shall provide all shoring, bracing, cribbing, pi
and planking required. The Contractor shall excavate and maintain the bottom of all trenct
condition that is level, firm, clean and free from all debris or foreign matter. Excavations I
kept free from water at all times. The Contractor shall remove any unsuitable material enco
below grade as directed by the Engineer
300-3.6 Payment. Add the following: Dewatering shall be paid for as an incidental to uncl
excavation and therefore no additional compensation will be made. Except for unsuitable m
removed as part of the clearing and grubbing item unsuitable material encountered below gr
be paid for at the unit price bid for unclassified excavation.
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300-4 UNCLASSIFIED FILL
300-4.2 Preparation of Fill Areas. add the following: Except as provided in section :
“Compaction”, areas proposed for improvements all fill (including backfill and scarified
surfaces) shall be compacted to no less than 90 percent of maximum dry density as deterr
accordance with ASTM Test Procedure Dl557-91.
300-4.4 Benching. add the following: Benching shall conform to the City of (
Supplemental Standard Drawing GS-14.
300-4.6 Application of Water. add the following: All fill soil shall be placed at a moisture
no less than one (1) percent below optimum moisture as determined by ASTM test D-1557-9
300-4.8 Slopes. add the following: Compaction Feathering of fill over the tops of slope:
be permitted. The face of fill slopes shall be compacted with a sheeps foot roller at vertical
no greater than 600 mm (2’) or shall be built and cut back to finish grade. In addition, if not c
and cut back, the face of the slope shall be track walked upon completion.
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300-4.9 Measurement and Payment. delete and substitute the following: Unclassifi
grading, shaping, compacting or consolidating, slope rounding, construction of transitions i
work included in and incidental to Section 300-4, “Unclassified Fill” will be paid for as a I
unclassified excavation, and no additional payment will be made therefor.
300-9 GEOTEXTILES FOR EROSION CONTROL. Modify as follows: 300-9 GRADING
GEOTEXTILES FOR EROSION CONTROL AND WATER POLLUTION CONTROL.
Add the following section:
300-9.2 General. Erosion control and water pollution control shall conform to the require
shown on the plans, specified herein, and as elsewhere required by the Contract Docun
Erosion control and water pollution control shall include the work specified herein, anc
additional measures, as may be directed by the Engineer, to meet Best Management Practic
defined herein, and to properly control erosion and storm water damage of the limits of wo
construction impacts upon areas receiving drainage flows from within the limits of work.
Add the following section:
300-9.2.1 Grading Controls. The Contractor shall protect all areas within the limits of wo
erosion. Said protection shall include areas that have been graded and/or cleared and grub
well as areas that have not been graded and/or cleared and grubbed. The Contractor shall I
temporary earth berms, gravel bags, silt fence, stabilized construction entrance and
measures, coordinated with its construction procedures, as necessary and as shown on the F
control on site and off site erosion during the construction period. The Contractor will be reqi
protect areas which have been cleared and grubbed prior to excavation or embankment ope1
and which are subject to runoff during the duration of the contract. The criteria used to deterrr
appropriate erosion control measures shall be the “Best Management Practices”, hereinafte
defined and described in the, “California Storm Water Best Management Handbbok, Cons1
Activity”, March 1993 edition as published by the Storm Water Quality Task Force. The Cor
shall maintain a copy of the “California Storm Water Best Management Handbook, Consi
Activity”, March 1993 edition on the project site and shall conduct its operations in conformity
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Temporary erosion control measures provided by the Contractor shall include, but not be iirr
the following:
a) Embankment areas, while being brought up to grade and during periods of completion ,
final roadbed construction, shall be graded so as to direct runoff into impoundment areas wii
limits of work where such runoff shall have pollutants removed by BMP methods .
b) The Contractor shall provide protection by BMP measures to eliminate erosion and the silt
downstream facilities and adjacent areas. These measures shall include, but shall not be lin
temporary down drains, either in the form of pipes or paved ditches with protected outfall
graded berms around areas to eliminate erosion of embankment slopes by surface runoff; c ponding areas to desilt runoff; and to desilt runoff.
c) Excavation areas, while being brought to grade, shall be protected from erosion and the r
siltation of downstream facilities and adjacent areas by the use of BMP measures . These mt
shall include, but shall not be limited to, methods shown on the plans and described herein
Add the following section:
300-9.2.2 Payment. Full compensation for performing erosion control and water pollution
conforming to the operational requirements herein, of the BMP and conforming to the requir
of the Federal Water Pollution Control Act, including the latest amendments thereto, which
part of the planned permanent work or included as a separate bid item shall be considc
included in the contract price bid for unclassified excavation, and no additional compensatior allowed therefor.
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300-1 1 STONEWORK FOR EROSION CONTROL. o 300-1 1.4 Payment. delete and replace as follows: Rock protection will be paid for at the Iur
contract Price Bid for rock protection, complete and in place, in accordance with the det:
requirements of the plans and specifications. I
300-13 ROCK SLOPE PROTECTION FABRIC.
Add the following section:
300-13.1 Preparation of Subgrade. Prior to placing rock slope protection fabric, the s
upon or against which rock slope protection fabric is to be placed shall be free of loose or extr
material and sharp objects that may damage the fabric during installation. Equipment or \
shall not be operated or driven directly on the rock slope protection fabric. Rock slope prc
fabric damaged during placement shall be replaced or repaired, by the Contractor at its expe 1 directed by the Engineer.
Add the following section:
300-13.2 Placement. Rock slope protection fabric shall be placed prior to placing roc
protection. Rock slope protection fabric shall conform to the provisions in Section
”Geotextiles,“ and shall be placed in accordance with the details shown on the plans and as s
herein. Rock slope protection fabric shall be handled and placed in accordance v
manufacturer’s recommendations and as directed by the Engineer. Rock slope protectic
shall be placed and fitted loosely upon or against the surface to receive the fabric so that tt
conforms to the surface without damage when the cover material is placed. Rock slope pr
fabrics shall be joined, at the option of the Contractor, either with overlapped joints or
seams. When fabric is joined with overlapped joints, all adjacent borders of the fabric :
overlapped not less than 610 mm (24”). The fabric shall be placed such that the fabric bein<
shall overlap the adjacent section of fabric in the direction the cover material is being place(
the fabric is joined by stitched seams, the fabric shall be stitched with yarn of a contrastin!
The size and composition of the yarn shall be as recommended by the fabric manufacturc
number of stitches per 25 mm (1”) of seam shall be 6 2 1. The strength of stitched seams
the same as specified for the fabric, except when stitched seams are oriented up and down
the strength shall be a minimum of 80 percent of that specified for the fabric. Fabric d
beyond repair, as determined by the Engineer, shall be replaced. Repairing damaged fab
consist of placing new fabric over the damaged area. The minimum fabric overlap from the the damaged area shall be 1 m (3’) for overlap joints. If the new fabric joints at the damage
are joined by stitching, the stitched joints shall conform to the requirements specified herein.
Add the following section:
300.1 3.3 Measurement and Payment. Payment for rock slope protection fabric will be in(
the lump sum prices for items which have said fabric in their design and therefore no a
payment will be made.
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Soil Amendment Metric Application Rate
Iron Sulfate
Calcium Carbonate Lime
Organic Soil Amendment
50 g per square meter
500 g per square meter
500 g per square meter 1
Approx. U.S. Application
10 Ibs. per 1,000 square feet
100 Ibs. per 1,000 square fet
5 cubic yards per 1,000 squ;
Soil Property Acceptable Range
PH 6.5 to 7.3
Dissolved Salts < 4.0
I Test Method Repeatability Rang
Saturation Paste pH rtO.1 pH
Saturation Paste Soluble Salts k 7%
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308-4 PLANTING.
308-4.1 General. add the following: Actual planting shall be performed during those period
weather and soil conditions are suitable and in accordance with locally accepted horti
practice and as approved by the Engineer. No planting shall be done in any area until it ha
satisfactorily prepared in accordance with these specifications. Soil moisture level prior to F
shall be no less than 75 percent of field capacity. The Contractor shall obtain the Engineer’s a of planting pits before planting operations begin. For pit planted vegetation when the soil r~
level is found to be insufficient for planting, the planting pits shall be filled with water and allc
drain before starting planting operations. No more plants shall be distributed in the planting i
any day than can be planted and watered on that day. All plants shall be planted and watt
herein specified immediately after the removal of the containers. Containers shall not be cut
placing the plants in the planting area. It shall be the responsibility of the Contractor to
continuous horticultural services and temporary and/or permanent irrigation to all plant(
hydroseeded areas so that the planted and hydroseeded vegetation is 100 percent healt
thriving prior to, and throughout the, landscape maintenance period.
308-4.2 Protection and Storage. add the following: The Contractor’s onsite plant storag
shall be approved by the Engineer prior to the delivery of any plant materials. Any plant dete
by the Engineer to be wilted, broken, or otherwise damaged shall be rejected at any time dur
project, whether in the ground or not. All plants shall be handled by their containers. Any plz
has been handled by its trunk or stem shall be rejected. All rejected plants shall be remove
the site immediately.
308-4.3 Layout and Plant Location. modify as follows: Planting areas shall be staked
Contractor and the Contractor shall obtain the Engineer’s approval of the planting layoui
planting operations begin.
308-4.5 Tree and Shrub Planting. add the following: Amend each cubic yard of bac
planting holes with a thoroughly blended mixture of clean loamy soil meeting the requiren
Table 308-2.3.2(A) and the amendments listed in Table 308-4.5(A).
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TABLE 308-4.5(A)
BACKFILL AND AMENDMENTS FOR TREE AND SHRUB PLANTING I
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’ Planting tablet requirements are not cumulative and apply to the size container indicated
Pruning shall be limited to the minimum necessary to remove injured twigs and branches
compensate for loss of roots during transplanting, but never to exceed one-tenth the br
structure. Pruning may be done only with the approval of, and in the presence of, the Engine
over 19 mm (%”) shall be painted with an approved tree wound paint. 0
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Add the following section:
308-4.5.1 Root Barriers. Root barriers shall conform to section 212-1.8, Root Barriers. Root I
shall be installed continuously at the edges of all median planter areas. The top of the root
shall be 25 mm (1") below the finish grade of the planted area. The bottom of the root barrier :
installed 520 mm (20'/,") below the finish grade of the planted area. Install as indicated on the
eliminating any breaks in the barrier by providing at least 150 mm (6") of overlap at spl
damaged areas.
308-4.6 Plant Staking and Guying. add the following:
details shown on the plans.
308-4.8.3 Sod. Add the following: Contractor shall furnish and install sod throughout the proje
as noted on plans and in accordance with the Green Book Specifications of this section. Mo
sod lawn shall occur once turf has rooted in and has reached a height of 3 1/2 inches. Mc
height of 2 112 inches and remove all clippings. Repeat for second and third mowing.
Add the following section:
308-4.8.3.1 Weed Eradication. Water all planting areas to allow for germination of the weed
Then spray all weeds with a post emergent herbicide. Areas shall be inspected and deemc
in an acceptable condition by the Engineer prior to planting.
Add the following section,
308-4.10 Erosion Control Matting Installation
Add the following section,
308-4.1 0.1 General. Before installation of erosion control matting all soil preparation, fine !
and hydroseeding of the areas to receive erosion control matting shall be completed.
Add the following section:
308-4.10.2 Coordination with Hydroseeding. Erosion control matting shall be i
immediately after the first application of hydroseed materials. In all cases the erosion control
shall be placed within three days of the first hydroseed material application. Should any see
hydroseed materials begin to germinate within the three-day period after application or be
installation of the erosion control matting, the installation of the erosion control matting :
considered as late and the Contractor shall disc the hydroseed materials into the top 100n
the underlying soil, condition the soil for hydroseeding, and apply hydroseeding materials at tl
and of the type specified. No additional payment will be made for second or subsequent hyc
applications resulting from late installation of erosion control matting.
Add the following section:
308-4.1 0.3 Installation. Erosion control matting shall be installed using the following techn
Begin at the top of the slope by placing the erosion control matting into a 150 mm (6") wide
mm (6") deep trench with the end of the matting laid flat in the bottom of the trench and anchc
end of the erosion control matting with erosion control mat staples spaced no more than
(12") on centers placed at the intersection of the bottom and the downhill vertical face of the t
Roll the erosion control matting down the slope.
Staple the erosion control matting on an alternating grid consisting of three across and twc
lines of staples in horizontal lines spaced 900mm (3') on centers, Erosion control mat so
shall be spaced such that no less than 1 3/4 staples per square meter (I % staples per squa
are provided to anchor the erosion control matting.
All boxed trees shall be installed
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Start the adjacent erosion control mat as in Item 1 of this section, overlapping the previously
mat by no less than 50 mm (2”). Staple placement may be such as to use the staples used to
the adjacent mat to secure both mats along their edges. 1 308-5 IRRIGATION SYSTEM INSTALLATION.
308-5.1 General. Where appropriate, irrigation water shall be applied i
and in sufficient amounts, as conditions may require, to germinate and establish the seed ar
the container plants healthy and growing.
Locate lines, valves, and other underground utilities and receive the approval of the Engineei
digging trenches. Contractor shall be responsible for damages caused by its operations.
Connections shall be made at approximately the locations shown on the drawings. Contraci
be responsible for unapproved changes. Permission to shut off any existing in-use water lint
be obtained 48 hours in advance, in writing from the Engineer, as to the exact length of time shut-off. The entire irrigation system shall be under full automatic operation for a period o
days prior to any planting.
308-5.2 Irrigation Pipeline Installation. add the following: All pressure main line piping f
irrigation system shall be installed to maintain 3.1 m (IO’) minimum horizontal separation
potable water piping. Where reclaimed and potable water pressure mainline piping crc
reclaimed water piping shall be installed below the potable water piping, sleeved in a P.R. l
SDR 21 “Alertline” PVC sleeve which extends a minimum of 3.1 m (IO’) on either side of the
water piping and be located to provide a minimum vertical clearance of 300 mm (12”) betw
reclaimed and potable water lines. Conventional (white) PVC pipe Schedule 40 may be L
sleeving material if it is taped along its entire length with 75 mm (3“) wide purple warning tap
reads “Caution Reclaimed Water”.
For trenching through areas where topsoil has been spread, deposit topsoil on one side o and subsoil on opposite side. Subsoil shall be free of all rocks 13 mm (W) in diameter 01
debris, and litter, prior to use as backfill. The Contractor shall repair any leaks and rep
defective pipe or fittings until lines meet test requirements. The Contractor shall not cover a
until they have been inspected and approved by the Engineer for tightness, quality of workrr
and materials. The Contractor shall not be backfill trenches until all required tests and obse
are performed. Observations include sprinkler heads, all fittings, lateral and mainline pipe,
and direct burial wire.
308-5.2.3 Plastic Pipeline. add the following: Pipe and fittings shall be stored under co
used, and shall be transported in a vehicle with a bed long enough to allow the length of pipe tc
so as not to be subjected to undue bending or concentrated external load at any point. Pipe e
fittings shall be wiped with MEK, or equal, before welding solvent is applied. Welded joints
given a minimum of 15 minutes to set before moving or handling. All field cuts shall be bel
remove burrs and excess before fitting and gluing together. Center load pipe with small an
backfill to prevent arching and slipping under pressure. Leave joints exposed for inspectior
testing. Plastic-to-plastic joints shall be solvent-welded, using only solvent recommended
add the following:
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Add the following section:
308-5.2.6 Installation of Brass Pipe. Cut brass piping by power hacksaw, circular
machine using an abrasive wheel, or hand hacksaw. Cut no piping with metallic wheel cutter
description. Ream and remove rough edges or burrs so that smooth and unobstructed
obtained. Place Teflon tape, Teflon dope, or approved equal on male threads only, and tig
prevent any leakage. Tighten screwed joints with tongs or wrenches. Caulking is not permittec
Add the following section:
308-5.3.1 Valves. add the following:
Install each control valve in a separate valve box with a minimum of 300 mm (12”) separation t
valves and 150 mm (6”) from any fixed object or structure.
Add the following section
308-5.3.2 Valve Boxes. Install no more than one valve per box. All boxes are to be marked a
type of valve. Remote control valve boxes shall also indicate control station number.
Add the following section:
308-5.3.3 Backflow Preventer. Backflow preventer assembly shall be installed in accordar
manufacturer’s specifications and as directed on drawings. Exact location and positioning :
verified on the site by the Engineer.
308-5.4.4 Sprinkler Head Adjustment. add the following: The Contractor shall flush an(
all irrigation heads and valves for optimum performance and to prevent overspray onto
Roadways buildings, walls, and other structures.
Add the following section: 308-5.4.5 Drip Assembly. Drip emitter filter shall be installed prior to electric pressure re!
control valve for all emitter systems. Flush valve shall be installed to the downhill end of 1
lateral as shown on the drawings.
308-5.5 Automatic Control System Installation. add the following: All electrical ins
methods shall conform to the requirements of the 1996 National Electrical Code. Provide one
wire and one common ground wire to service each valve in system.
308-5.6.3 Sprinkler Coverage Test.
any ground cover is planted.
308-6 MAINTENANCE AND PLANT ESTABLISHMENT. Modify as follows: For hydro
areas, the maintenance period shall be minimum 120 days or until final acceptance of the
whichever is the greater. Mowing is not required for hydroseeded areas. The Contractor shall
complete landscape maintenance of all planting areas. The work shall include, but not be lin
watering, litter control, weed control, stake repair, cultivating, repair of irrigation systems, and cc
diseases and pests. All planted areas, except hydroseed areas, shall be treated with an a1
granular pre-emergent herbicide, according to manufacturer’s specifications, at the beginnin!
maintenance period and if the product specifies, additional scheduled treatments on a
schedule, as required through the maintenance period. At the direction of the Engineer, the Cc
shall control weeds, disease, and pest infestations in the planting areas. The Engineer shall i
all methods and materials for such control. Upon approval, the Contractor shall implement the
measures, exercising extreme caution in using pesticides and taking all steps to ensure the I
the public.
establishment period, the Contractor shall furnish sufficient men and equipment on a daily 1
perform the work required by this section. Any day when the Contractor fails to adequately c specified maintenance work, as determined necessary by the Engineer, will not be credited a:
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add the following: This test shall be accomplishec
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Only licensed personnel will be permitted to perform toxic spraying work.
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the plant establishment days. All planting areas which are damaged by construction shall be r by the Contractor within twenty (20) days following completion of construction in such. The Co
shall repair such damaged areas. The repair shall consist of bringing the damaged area back
grade, preparing the soil, replanting the area with the same vegetation as originally specifii
maintaining the area to achieve acceptable plant establishment. Contractor is required to
precautionary measures to protect the native vegetation in all areas outside the limits of gi
Individual trees which are to remain should be protected with the placement of an approved bl
the drip-line of the tree. Protective barriers to be plastic mesh on redwood stakes 900 mm (36”)
Groups of trees or shrubs which are to remain should be protected with approved barrier
anchored to the ground at an adequate distance to protect the planting. No material shc
stockpiled; no equipment parked, repaired, or refueled; and no oil, gasoline, paint, o
contaminants dumped or stored within 7.6 m (25’) of the drip-line of trees and shrubs whict
remain.
Temporary irrigation shall be provided for hydroseeded areas for a minimum of 120 days to I
adequate plant establishment. Towards the end of the maintenance period, the Contractc
gradually reduce the amount of irrigation to allow plant adaptation to non-irrigated condition
Engineer shall inspect all hydroseeded areas for adequate plant establishment at the end
maintenance period. Upon the approval of the engineer, the temporary irrigation system shall I: off at that time. Prior to the acceptance of the hydroseeded areas by the engineer, a certil
report must be submitted by a registered Engineer, stating that the hydroseeding was done acc
to the project specification and that its growth is 80% established, and that the coverage is ad1
to prevent erosion. Contractor shall call for a final inspection two weeks before the end of the
and 120-day maintenance period. Failure to pass inspection will result in an extension
maintenance period for such period as the engineer deems necessary.
308-7 GUARANTEE. Add following: All trees shall be guaranteed to live and grow for a per
year from the last day of the maintenance period or final acceptance of the contract work, whicl the later. Shrubs shall be guaranteed for a period of 90 days. Any material found to be dead, t
or in poor condition during the maintenance period shall be replaced immediately. The Engine
be the sole judge as to the condition of the material. Material found to be dead or in poor c
within the guarantee period shall be replaced by the Contractor, at its expense, within 15
written notification. Replacements shall be made to the same specifications required for the
plantings.
Submit written vegetation, planting and irrigation guarantee in approved form that all work I
defects in materials or workmanship will be repaired or replaced at no cost to the Enginec
period of one year from the date of acceptance by the Engineer. The Guarantee form I
retyped on the Contractor’s letterhead and contain the following verbiage:
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“Guaranfee For Vegetation, Planting and higation Sysfem For (Projecf Name)
We hereby guarantee that the vegetation, planting and irrigation system we have furnish
installed for (project name) is free from defects in materials and workmanship, and the w
been completed in accordance with the drawings and specifications. We agree to repair or
any defect in vegetation, material or workmanship, including that due to ordinary wear ai
which may develop during the periods specified in section 308-7 of the Standard Specificatic
the Special Provisions of said project from date of completion of the Work or termination
maintenance period, whichever is the later, and also to repair or replace any damage resulti
the repairing or replacing of such defects at no additional cost to the Agency. I
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This guarantee does not extend to unusual abuse or neglect that may occur subsequent to 1
of completion of the Work or termination of any maintenance period, whichever is the later. I,
make such repairs or replacements within a reasonable time, as determined by the Enginel
receipt of written notice. In the event of failure to make such repairs or replacements I
reasonable time after receipt of written notice from the Engineer, we authorize the Engi
proceed to have said repairs or replacements made at our expense, and we will pay the cc
charges therefore upon demand.
Project: (Project Name)
Location: (Legal Description of Project Property)
Name of Contractor:
Address: (Of Contractor)
Telephone: : (Of Contractor)
By: (Typed or printed names of signing Oficer(s) of the Contractor authorized to bind the Co
in legal matters)
Title: (Of said oficer(s))
Signature (s)
Add the following section:
308-7.1 Record Drawings. In addition to the requirements of section 2-5.4, herein, the Co
shall prepare record drawings that show all changes in the work constituting departures fi
original contract drawings, including those involving both constant-pressure and intermittent-F
lines and appurtenances. All conceptual or major design changes shall be submitted to the E
for approval before implementing the changes in the construction contract. Failure to recei
approval may result in rejection of the work. The Contractor shall accurately record, on a dail
on one set of blue line prints of the irrigation drawings, all changes in work constituting departut
the original contract drawings, including changes in both pressure and nonpressure line
information on record drawings day to day as the work is installed. Record changes and dimen
a legible and professional manner. When the drawings are approved by the Engineer the Cc
shall transfer all information to a set of reproducible photo mylar drawings. Items required to be
shall be dimensioned by the Contractor from two permanent points of reference (buildings, mon
sidewalks, curbs, pavement). The accuracy of location of all items to be shown on the drawin
be 150 mm (6”) in both the vertical and horizontal planes. All text and numerals placed on d
shall be 0.30 mm (’/[) in size. Facilities and items to be located in their horizontal and vertical I:
and shown on the record drawings include all:
a) Point(s) of connection, for water and electrical services
b) Routing of irrigation pressure mainlines
c) Backflow preventors
d) Ball, gate and check valves
e) Irrigation control valves. 9 Quick coupler valves
g) Routing of service wires
h) Routing of control wires
i) Electrical service equipment
j) Electrical junction boxes
k) Irrigation controllers
I) Sleeves for future connections
m) Other equipment of a similar nature (as directed by the Engineer).
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The blue print drawings are subject to inspection at any time. Make all changes to reprc
drawings in waterproof black ink (no ball point pen). Changes in dimensions shall be record
legibie and professional manner. Record construction drawings shall be maintained at the ,
during construction prior to final acceptance of the project. The Contractor shall provide onc
mylar "record" drawings to the Engineer after submitting blue-line prints of the proposed I'
drawings for, and obtaining their approval by, the Engineer.
Add the following section:
308-7.2 Controller Chart. Record drawings shall be approved by the Engineer before ch:
prepared. Provide one controller chart of the maximum size controller door will allow, fc
controller supplied, showing the area covered by that automatic controller. The chart sha
reduction of the actual record system drawing with a legend to explain all symbols. If the cc
sequence is not legible when the drawing is reduced, enlarge it to a size that will be readabl
reduced. Chart shall be photocopied, with a pastel transparent color used to show area of cc
for each station. When completed and approved, hermetically seal the chart between two pi
plastic, each piece being a minimum 20 mils thick. Charts shall be completed and approved
final inspection of the irrigation system.
Add the following section:
308-7.3 Operation and Maintenance Manuals. Prepare and deliver to the Engineer
10 calendar days prior to completion of construction, all required and necessary descriptive I
in complete detail and sufficient quantity, properly prepared in four individual bound copies. C
the material installed in sufficient details to permit qualified operating personnel to undt
operate, and maintain all equipment. Include spare parts list and related manufacturer inform;
each equipment item installed. Each manual shall include the following:
a) Index sheet stating Contractor's address and telephone number.
b) Duration of Guarantee period.
c) List of equipment, with names and addresses of manufacturer's local representative.
d) Complete operating and maintenance instructions on all major equipment.
e) In addition to the maintenance manuals, provide the maintenance personnel with instrud
major equipment, and show written evidence to the Engineer at the conclusion of the w
this service has been rendered.
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Add the following section:
308-7.4 Check List. Complete the following checklist at the end of the project, using the
shown:
a) Plumbing permits (if none required, so note)
b) Materials approval
c) Pressure mainline test (by whom, and date)
d) Record drawings completed (received by, and date)
e) Controller chart completed (received by, and date) 9 Materials furnished (received by, and date) g) Operation and maintenance manuals furnished (received by, and date)
h) System and equipment operation instructions (received by, and date)
i) Manufacturer warranties (received by, and date)
j) Written guarantee by Contractor (received by, and date)
Forward signed and dated checklist to the Engineer before final acceptance of project.
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SECTION 310 - PAINTING
310-5.6 Painting Traffic Striping, Pavement Markings and Curb Markings. Modify I
paragraph as follows: The Contractor shall furnish all equipment, materials, labor, and supc
necessary for painting traffic lanes, directional arrows, guidelines, curbs, parking lines, cros
and other designated markings in accordance with the Plans, or for approved temporary essential for safe control of traffic through and around the construction site. The Contract
remove by wet sandblasting (or by other approved methods) all existing or temporaq markings and lines that may confuse the public. When temporary detour striping or marking2 longer required, they shall be removed prior to painting the new traffic stripes or markings.
310-5.6.3 Equipment. Modify the ninth paragraph as follows: The Contractor shall prc
grinding machine with sufficient capacity to completely remove all existing or temporar
striping or markings that may be confusing to the public. This machine shall meet all requiren
the air pollution control district having jurisdiction. All sand used in wet sandblasting I
removed from the pavement without delay as the sandblasting operation progresses. Ren striping by high velocity water jet may be permitted when approved by the Engineer.
310-5.6.6 Preparation of Existing Surfaces. Modify the first paragraph as follows: I
markings and striping, either permanent or temporary, which are to be abandoned, obliteratec
conflict with the plans shall be removed by grinding methods. Dry or wet sandblasting ma)
used in any areas. Alternate methods of paint removal require prior approval of the En( Obliteration of traffic striping with black paint, light emulsion oil or any other masking methc than a minimum 30mm (0.1 0') thick asphalt concrete overlay is not permitted.
31 0-5.6.8 Application of Paint. Modify the second paragraph as follows: The first coat of pa
be done immediately upon approval of striping layout by the Engineer. The paint shall not ble or discolor when applied to bituminous surfaces. If bleeding or discoloring occurs, the unsati
areas shall be given an additional coat of paint. This additional painting will be paid for i incidental to the preparation of final and temporary pavement striping and marking shall be ay
two coats, a minimum of seven days apart.
31 0-5.6.10 Measurement and Payment. modify as follows: Final and pavement markings as shown on the plans and required by the specifications I included in the lump-sum price bid for final striping, and no additional compensation will be
therefor. The lump sum prices bid shall include all labor, tools, equipment, materials, and inc
for doing all work in installing the final pavement striping and symbols.
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PART 3 - EXECUTION
3.01 INSTALLATION:
A. Weight and Size - To permit ease of handling of material at the job site and to
damage to the existing facility, no single component of the pole shall be in excc
7820 Ibs., nor be greater than 41' in length.
Backfill - The pole base shall be installed in an excavation as prescribed by tht or UBC standards for foundation design. Concrete backfill is required.
Assembly - The pole base shall be separate from the pole such that the base I
installed, properly plumbed, and enlarged as to the bearing surface by concret
backfill allowing for inspection prior to the attachment of the steel pole.
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D. Electrical Wiring - The pole and the luminaries shall be designed such that all \
remains underground before entering the base of the pole and that no wiring s
exposed to sun or weather as it transitions through the pole and to the ballast i
to each lamp.
There shall be provided a non-threaded hot-dip galvanized steel or concrete ei
raceway for transition of the pole feeder conductors from the trench to the ECE
Field Connections - All field electrical connections on the pole shall be achieve U.L. listed plug-in or lug method of attachment from the load side of the
breakeddisconnect to the lamp socket. The feeder and grounding conductors
the service entrance to the pole shall be connected at the pole by landing lugs
Install in accordance with manufacturer's instructions, submittal data, and deta
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F. B drawings.
3.02 FIELD TECHNICIAN ON-SITE VISIT:
Contractor at his cost shall provide on-site visits by a manufacturer's factory
technician during and after completion of the installation. The factory technick
make any necessary adjustments to the aiming in order to ensure thai. specifie
maximum foot-candle levels are not exceeded (refer to Section 1.04 B. of the I
specifications). This service shall be included at no additional cost to the ownz
installing contractor.
3.03 ADJUSTMENT AND CLEANING:
A.
B. Cleaning:
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Adjust fixture positions and adjust lamp positions for desired effects. '0
Remove dirt, grease, and foreign materials from fixtures.
Remove fingerprints, smudges, and dirt from fixtures' lenses and lampi I
SECTION 3.13 - CUSTOM ARTWORK
3.13-1 Skate Park Artwork add the following section: Contractor will sub-contract ar
Studio Two of Carlsbad, 3745 Highland Drive, Carlsbad, CA 92008. Telephone number i
2053. Studio Two will design and fabricate tile placed on wonder board ready for contractor
in entryway area. Contractor and sub-contractor will agree on dimensions prior to sub-cc completing the work.
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Studio Two will design and provide template of the artwork, the stain and application instruci
the short four foot wall. Contractor will budget $2,000 for Studio Two’s portion of the work.
“WAIVER. The artist recognizes that he or she may have certain rights arising from the “California Art Preservation Act” (Civil Code 5987 et seq.) or the “Visual Artist
Rights Act of 1990” (17 U.S.C. SI01 et seq.). Those Acts require that a waiver of theii
provisions be expressly made in writing and being fully informed, the artist and his 01
her agents, heirs, successors and assigns hereby waive any and all rights he or she
may have under the provisions of the “California Art Preservation Act” (Civil Code
5987 et seq.) or the “Visual Artists’ Rights Act of 1990” (17 U.S.C. 5101 et seq.). Thc
artist, his or her agents, heirs, successors and assigns further agree not to attempt tc
defeat this waiver by cooperating, encouraging or assisting any organization whict
seeks to bring an action under these Acts.”
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1 p,s 1/08/98 Contract No. 3597 Page 97 of 9;