HomeMy WebLinkAboutWhillock Contracting Inc; 2002-08-14; 3802-2 Part 1 of 2DOC # 2003-08463150
Recording requested by: 1 1
CITY OF CARLSBAD )
JUL 16s 2003 12~49 PM
aFICIAL REm SW DIEGO MKolly RECURDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00
)
When recorded mail to: ) 1
City Clerk 1
City of Carlsbad 1
1200 Carlsbad Village Dr. 1 Carlsbad, CA 92008
Space above this line for Recorder's Use
NOTICE OF COMPLETION
Notice is hereby given that:
1.
2.
3.
4.
5.
6.
7.
The undersigned is owner of the interest or estate stated below in the property hereinafter
described.
The full name of the undersigned is City of Carlsbad, a municipal corporation.
The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California
92008.
The nature of the title of the undersigned is: In fee.
A work of improvement on the property hereinafter described was completed on January 3,
2003.
The name of the contractor for such work of improvement is Whillock Contracting, Inc.
The property on which the work of improvement was completed is in the City of Carlsbad,
County of San Diego, State of California, and is described as the Demolition of the Pine
Street School and the Residential Structures at 3354, 3366, 3340, 3344, and 3348 Madison
Street, Project No. 3802-2.
CITY OF CARLSBAD
GLENN PRUIM
Public Works Director
GLENN PRUIM
Public Works Director
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, , 2003, accepted the California, 92008. The City Council of said City on
above described work as completed and ordered that a Notice of Completion be filed.
July 15
I declare under penalty of perjury that the foregoing is true and correct.
Executed on July 16 , 2003, at Carlsbad, California.
CITY OF CARLSBAD
LORRAINE M. WMD
City ClerF
r* AB #17,244
7-15-03
Reso. 2003-192
CITY OF CARLSBAD
San Diego County
California
CONTRACT DOCUMENTS AND
SUPPLEMENTAL PROVISIONS
FOR
Pine School Site
Demolition
CONTRACT NO. 3802-2
May, 2002
Revised 911 1/00 Contract No. 3802-2 Page 1
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. Item
TABLE OF CONTENTS
.. Notice lnvlttng Bids ........................................................................................................................ 6
Contractor's Proposal .................................................................................................................... 10
Bid Security Form .......................................................................................................................... 16
Bidder's Bond To Accompany Proposal ....................................................................................... 17
Guide For Completing the "Designation Of Subcontractor and Amount Of Subcontractor's
Bid Items" and "Designation of Owner OperatodLessor and Amount Of Owner OperatodLessor
Work Forms ......................................................................................................................... 19
Designation Of Subcontractor and Amount Of Subcontractor's Bid Items ................................ 20
Designation Of Owner OperatodLessor and Amount Of Owner Operator/Lessor Work ............ 21
Bidder's Statement Of Financial Responsibility ............................................................................ 22
Bidder's Statement Of Technical Ability And Experience ............................................................. 24
Bidder's Certificate Of Insurance For General Liability. Employers' Liability. Automotive
'Liability And Workers' Compensation .......................................................................................... 25
Bidder's Statement Of Re Debarment .......................................................................................... 26
Bidder's Disclosure Of Discipline Record ......................................................................... 27
Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid .............................. 29
Contract Public Works .................................................................................................................. 30
Labor And Materials Bond ............................................................................................................ 36
Faithful PerformanceNVarranty Bond ........................................................................................... 38
Optional Escrow Agreement For Surety Deposits In Lieu Of Retention ...................................... 40
e Revised 9/11/00 Contract No . 3802-2 Page 2
SUPPLEMENTAL PROVISIONS
General Provisions
Terms. Definitions Abbreviations And Symbols Terms ....................................................................................................................
Definitions
Abbreviations ........................................................................................................
Scope And Control Of The Work
Subcontracts .........................................................................................................
Contract Bonds .....................................................................................................
Plans And Specifications ......................................................................................
Authority Of Board And Engineer
Surveying
Changes In Work
Changes Initiated by the Agency ..........................................................................
Extra Work ............................................................................................................
Changed Condrtions .............................................................................................
Disputed Work ......................................................................................................
Control Of Materials Materials And Workmanship .................................................................................
Materials Transportation. Handling and Storage ..................................................
Utilities
Location .................................................................................................................
Relocation .............................................................................................................
Prosecution, Progress And Acceptance Of The Work
Construction Schedule And Commencement Of Work ........................................
Prosecution Of Work .............................................................................................
Delays And Extensions Of Time ...........................................................................
Time of Completion ...............................................................................................
Completion And Acceptance ................................................................................
Liquidated Damages .............................................................................................
Responsibilities Of The Contractor
Workers' Compensation Insurance
Liability Insurance
Cooperation and Collateral Work
Permits
Project Site Maintenance ......................................................................................
Public Convenience And Safety ...........................................................................
Laws To Be Observed ..........................................................................................
Measurement and Payment
Measurement Of Quantities For Unit Price Work .................................................
Payment ................................................................................................................
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Part I
Section 1
1-1
1-2
1 -3
Section 2
2-3
2-4
2-5
2-9
2-1 0
Section 3
3-2
3-3 3-4
3-5
Section 4
4-1
4-2
Section 5
5-1
5-4
Section 6
6-1
6-2
6-6
6-7
6-8
6-9
Section 7
7-3
7-4
7-5
7-7
7-8
7-1 0
7-1 3
Section 9
9-1
" 9-3
43
44
43
45
45
46 47
48
49
49
50
51
53
54
55
55
55
60
60
60
61
61
61
61
61 62
62
62
66
66
66
Revised 9/11/00 Contract No . 3802-2 Page 3
Part 2 Construction Materials
Section 200 Rock Materials
200-1
200-2
Rock Products .......................................................................................................
Untreated Base Materials .....................................................................................
Section 203 Bituminous Materials
203-5 Emulsion-Aggregate Slurry ...................................................................................
203-6 Asphalt Concrete ...................................................................................................
203-1 3 Asphalt Pavement Crack Sealants .......................................................................
Section 212 Landscape and Irrigation Materials
212-1 Landscape Materials .............................................................................................
”.”
PART 3 Construction Methods
Section 302 Roadway Surfacing
302-4 Emulsion-Aggregate Slurry ...................................................................................
302-1 1 Asphalt Concrete Pavement Crack Filling and Sealing ........................................
Section 306 Underground Conduit Construction
306-1 Open Trench Operations ......................................................................................
Section 31 3 Temporary Traffic Control Devices
313-1
31 3-2
Temporary Traffic Pavement Markers ..................................................................
Temporary Traffic Stgntng ................................................................................... ..
31 3-4 Measurement And Payment ..................................................................................
69
70
70
70
71
71
72
72
73
76 77
77
Revised 9/11 /00 Contract No. 3802-2 Page 4
-. PART 4 Technical Specifications (CSI Formatted)
Division 02235 Site Clearing Demolition and Renovation ............................................................ 79
Division 02795 Playground Surface Systems ............................................................................... 83
Division 02880 Exterior Athletic and Field Equipment .................................................................. 86
Division 02881 Playground Equipment and Structures ................................................................ 87
PART 5 Technical Specifications (Hazardous Building Materials Management Plan
Pine Elementary School, Maintenance Facility and Residential Properties Carls-
bad California)
Asbestos Abatement & Removal Specifications
PCB Lamp Ballasts, Non-PCB Lamp Ballasts, Leaking PCB Lamp Ballasts, Fluores-
cent and HID Lamps and Mercury-Containing Electrical Devices Removal and Dis-
posal Specifications
Power Generation Equipment, Power Transmission Equipment
Survey Results
Lead-Related Construction Specifications and Surveys
Contract No. 3802-2 Page 5
CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Until 4:OO P. M. on July 2, 2002, the City shall accept sealed bids, clearly marked as such, at the
delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be
Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail,
opened and read, for performing the work as follows: The work includes hazardous material removal
and demolition of the "Pine School Site", slurry sealing an existing playground, installation of
specifications for this project.
playground equipment, striping and appurtenant construction as required by the plans and
CONTRACT NO. 3802-2
Pine School Site Demolition
This bid and the terms of the Contract Documents and Supplemental Provisions constitute an
irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder.
The work shall be performed in strict conformity with the plans and specifications as approved by the
City Council of the City of Carlsbad on file with the [Enqineerinq) Department. The specifications for
the work include the Standard SDecifications for Public Works Construction, 2000 Edition,. and suDplements thereto, all hereinafter designated "SSPWC" as issued by the Southern California
Chapter of the American Public Works Association and as amended by the supplemental provisions
sections of this contract. Reference is hereby made to the plans and specifications for full particulars
and description of the work.
The City of Carlsbad encourages the participation of minority and women-owned businesses.
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to
utilize recycled and recyclable materials when available, appropriate and approved by the Engineer.
The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when
a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the
State of California as an irresponsible bidder.
No bid will be received unless it is made on a proposal form furnished by the Purchasing
Department. Each bid must be accompanied by security in a form and amount required by law. The
bidder's security of the second and third next lowest responsive bidders may be withheld until the
Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be
returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the
provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for
any obligation required by this notice or for any monies withheld by the City to ensure performance
under this Contract. section 10263 of the Public Contract Code requires monies or securities to be
deposited with the City or a state or federally chartered bank in California as'the escrow agent. The
escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000
per contract.
The documents which comprise the Bidder's proposal and that must be completed and properly
executed including notarization where indicated are:
Revised 9/11/00 Contract No. 3802-2 Page 6
2.
1.
4.
3.
Contractor's Proposal Bidder's Bond Non-Collusion Affidavit
Designation of Subcontractors
5. Designation of Owner OperatorlLessors &
and Amount of Subcontractor Bid
6. Bidder's Statement of Financial Responsibility Amount of Owner Operator/Lessor Work
7. Bidder's Statement of Technical Ability and Experience
8. Acknowledgement of Addendum(a)
9. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers
shall be provided by the Bidder prior to award of may be omitted at the time of bid submittal but
this contract.
11 .Bidder's Disclosure Of Discipline Record 10.Bidder' s Statement Re Debarment
12.Escrow Agreement for Security Deposits -
wishes to^ use the Escrow Agreement for (optional, must be completed if the Bidder
Security)
All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are
approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is
$525,000.
contractor pursuant to the Business and Professions Code shall be considered nonresponsive and
Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a
shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where
federal funds are involved the contractor shall be properly licensed at the time the contract is
awarded. In all other cases the contractor shall state their license number, expiration date and
classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal
funds. The following classifications are acceptable for this contract: A, C21, ASB, HAZ.
If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of
the usual 10% retention from each payment, these documents must be completed and submitted
with the signed contract. The escrow agreement may not be substituted at a later date.
Sets of plans, supplemental provisions, and Contract documents may be obtained at the Cashier's
Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314,
for a non-refundable fee of $ Twentv-five dollars ($25) per set. If plans and specifications are to be
mailed, the cost for postage should be added.
Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings,
specifications or other contract documents, or finds discrepancies in or omissions from the drawings
and specifications may submit to the Engineer a written request for clarification or correction. Any
response will be made only by a written addendum duly issued by the Engineer a copy of which will
be mailed or delivered to each person receiving a set of the contract documents. No oral response
will be made to such inquiry. Prior to the award of the contract, no addition to, modification of
or interpretation of any provision in the contract documents will be given by any agent,
employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder
may rely on directions given by any agent, employee or contractor of the City of Carlsbad
except as hereinbefore specified.
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or
informality in such bids.
The general prevailing rate of wages for each craft or type of worker needed to execute the Contract
shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770,
1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy
of applicable wage rates is on tile in the Office of the City Engineer. The Contractor to whom the
Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers
e Revised 9/11/00 Contract No. 3802-2 Page 7
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employed by him or her in the execution of the Contract.
The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5
of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and
Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the
purposes of section 4107 and 4107.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to
the Contract for work.
A pre-bid meeting and tour of the project site will be held at 9:00 AM on June 12" at the Pine
Elementary School which is located at 3333 Harding Street.
All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this
proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words
and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected
extension shall be calculated and the bids will be computed as indicated above and compared on the
basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor.
Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to
bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid.
The Contractor shall provide bonds to secure faithful performance and warranty of the work in an
amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor
shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to:
1) One hundred percent (100%) of the total amount payable by the terms of the contract when the
total amount payable does not exceed five million dollars ($5,000,000).
2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total
amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million
dollars ($10,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract
These bonds shall be kept in full force and effect during the course of this project, and shall extend in
exceeds ten million dollars ($10,000,000).
full force and effect and be retained by the City until they are released as stated in the Supplemental
Provisions section of this contract. All bonds are to be placed with a surety insurance carrier
admitted and authorized to transact the business of insurance in California and whose assets exceed
their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be
accompanied by the following documents:
instrument entitling or authorizing the person who executed the bond to do so.
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
If the bid is accepted, the City may require copies of the insurer's most recent annual statement and
quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with
section 900) of Chapter 1 of Pari 2 of Division 1 of the Insurance Code, within 10 calendar days of
the insurer's receipt of a request to submit the statements.
Insurance is to be placed with insurers that:
2) Are admitted and authorized to transact the business of insurance in the State of California by the
1) Have a rating in the most recent Best's Key Rating Guide of at least A-:V
Insurance Commissioner.
a Revised 9/11/00 Contract No. 3802-2 Page 6
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Auto policies offered to meet the specification of this contract must:
2) Cover anv vehicle used in the performance of the contract, used onsite or offsite, whether owned, 1) Meet the conditions stated above for all insurance companies.
non-owned or hired, and whether scheduled or non-scheduled. The aut0 inSUranCe certificate
must state the coverage is for "any auto" and cannot be limited in any manner.
Workers' compensation insurance required under this contract must be offered by a company
meeting the above standards with the exception that the Best's rating condition is waived. The City
does accept policies issued by the State Compensation Fund meeting the requirement for Workers'
compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. Any additional
cost of said insurance shall be included in the bid price.
The award of the contract by the City Council is contingent upon the Contractor submitting the
required bonds and insurance, as described in the contract, within twenty days of bid opening. If the
third lowest bidder and the bid security of the lowest bidder may be forfeited.
Contractor fails to comply with these requirements, the City may award the contract to the second or
The prime contractor and all subcontractors are required to have and maintain a valid City of
Carlsbad Business License for the duration of the contract.
Approved by the City Council of the City of Carlsbad, California, by Resolution NO. 2002-136,
adopted on the 7" day of May, 2002. 17
Date
Revised 9/11/00 Contract No. 3802-2 Page 9
CITY OF CARLSBAD
CONTRACT NO. 3802-2
Pine School Site Demolition
CONTRACTOR’S PROPOSAL
City Council
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
The undersigned declares helshe has carefully examined the location of the work, read the Notice
Inviting Bids, examined the Plans, Specifications, Supplemental Provisions and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required
to do all the work to complete Contract No. 3802-2 in accordance with the Plans, Specifications,
Supplemental Provisions and addenda thereto and that helshe will take in full payment therefor the
following unit prices for each item complete, to wit:
Item
- - No. Description
Approximate
Quantity Unit
and Unit - Price Total
Dollars (Lump Sum)
2 Site 1 Demolition, Removal
and Dis osal LS $51; si/. - $ 5\,511.”O
3 Site 1 Hazardous Material
Removal and Disposal LS $ &;410.” $ bb,99d0Z Stxk StKrfirAcnrYI
wmp Sum) red MneL
4 Site 2 Demolition, Removal
LS $ 6,45359 $ g! %s‘=
.- 5 Site 3 Demolition, Removal
LS $W,5M LO0 $3q; 5’07.””
Dollars (Lump Sum) e Revised 9/11/00 Contract No. 3802:2 Page 10
Item - No.
6
7
Approximate
Quantity Unit
DescriDtion and Unit Price
Site 3 Hazardous Material
Removal and Disposal LS $ 42,ya7~"
Forty Two Thousand Four Hundred
twenty seven and N0/100
Dollars (Lump Sum)
Site 4 Demolition, Removal
and Disposal LS $ Ib, 74;b6O0
Sixteen Thousand Seven Hundred Highty Six and no/100
0
9
-
10
11
Dollars (Lump Sum)
Site 4 Hazardous Material
Removal and Disposal LS $ 4,,q3arLG
& No/100
Eight Thousand Nine Hundred Thirty Two
Dollars (Lump Sum)
Crack filling and Sealing at 2,000 LF $ 11'' Oiie z'tTjl00
Dollars per Linear Foot
Emulsion-Aggregate Slurry 40,000 SF $ I'%
Eighteen cents
Dollars per Square Foot
Concrete Walkway at 250 SF $ 11. Eleven and 5/100
05
$ S,Ci32,~
$ z, ZZo-Db
$ yaoo.00
12
13
~- 14
Dollars per Square Foot
Playground Striping 1400LF $ t3q
thirty four cents
Dollars Per Linear Foot
Play Equipment and LS $ 5 2iLOF3."O
Rubberized Surfacina
Fifty Two Thousand Six Hundred
eighty three and no/100
Dollars (Lump Sum)
I
Basketball Assemblies LS $ 3,733.-
two thousand seven hundred thirty
three and nn/lnO
@ Revised 9/11/00 Contract No. 3802:2 Page 11
~- Item
Approximate
Quantitv Unit - No. Description and Unit Price
15
Total
LS $ 3,qFR. $3 945. - Go 00
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s). None haslhave been received and islare included in this
proposal.
The Undersigned has carefully checked all of the above figures and understands that the City will not
be responsible for any error or omission on the part of the Undersigned in preparing this bid.
The Undersigned agrees that in case of default in executing the required Contract with necessary
bonds and insurance policies within twenty (20) days from the date of award of Contract by the City
Council of the City of Carlsbad, the City may administratively authorize award of the contract to the
second or third lowest bidder and the bid security of the lowest bidder may be forfeited.
The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do
business or act in the capacity of a contractor within the State of California, validly licensed under
license number 572217 , classification A, C12, C21. Asb. , Hawhich expires on
an affidavit.
A bid submitte to he Clty by a Contractor who is not licensed as a contractor pursuant to the
Business and Professions Code shall be considered nonresponsive and shall be rejected by the City
§ 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated
by the failure of the bidder to be licensed in accordance with California law. However, at the time
the contract is awarded, the contractor shall be properly licensed. Public Contract Code § 20104.
The Undersigned bidder hereby represents as follows:
1. That no Council member, officer agent, or employee of the City of Carlsbad is personally
interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no
himlher to enter into this Contract, excepting only those contained in this form of Contract and the
representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted
papers made a part hereof by its terms: and
6/30/03 c/ , and that this statement is true and correct and has9 legal effect of c+p< 7.7' a;L
43 Revised 911 1/00 Contract No. 3802-2 Page 12
- 2. That this bid is made without connection with any person, firm, or corporation making a bid for the
" Accompanying this proposal is Bond (Cash, Certified Check, Bond or
same work, and is in all respects fair and without collusion or fraud.
Cashier's Check) for ten percent (10%) of the amount bid.
.- The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every
employer to be insured against liability for workers' compensation or to undertake self-insurance in
accordance with the provisions of that code, and agrees to comply with such provisions before
commencing the performance of the work of this Contract and continue to comply until the contract is
complete.
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative
to the general prevailing rate of wages for each craft or type of worker needed to execute the
Contract and agrees to comply with its provisions.
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Revised 911 1/00 Contract No. 3802-2 Page 13
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
(Street and Number)
City and State
(4) Zip Code Telephone No.
IF A PARTNERSHIP, SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname and character of partner) (Note: Signature must be made by a
general partner)
”
(3) Place of Business
(Street and Number)
City and State
(4) Zip Code Telephone No.
IF A CORPORATION, SIGN HERE:
(1) Name under which business is conducted Whillock Contracting, Inc.
”
(2)K- #M
bignature)
Secretary
(Title)
Impress Corporate Seal hare
a Revised 9/11/00 Contract No. 3802-2 Page 14
(3) Incorporated under the laws of the State of California
(4) Place of Business 346 Front St.
(Street and Number)
City and State El Cajon, CA
(5) Zip Code 92020 Telephone No. (619)579-0700
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
ATTACHED
List below names of president, vice president, secretary and assistant secretary, if a corporation; if a
partnership, list names of all general partners, and managing partners:
Mark B. Whillock, President
Tory M. Whillock, Secretary
Susan K. Whillock, Treasurer
Brent P. Whillock, Vice President
Revised 9/11/00 Contract No. 3802-2 Page 15
NOTARYACKNOWZEDGEMENT
State of California
County of San Diego
On 7/2/02 before me, Kathy L. Tilley, Notary Public personally appeared
Tory M. Whillock
personally known to me -or- proved to me on the basis of satisfactory evidence to be the
person (s) whose name (s) is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in hisiherltheir authorized capacity (ies), and
that by his/her/their signature (s) on the instrument the person (s) acted, executed the
instrument.
WITNESS my hand and official seal.
7
(SEAL) ......................................................................... -
(THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK)
BID SECURITY FORM
(Check to Accompany Bid)
CONTRACT NO. 3802-2
PINE SCHOOL SITE DEMOLITION
(NOTE: The following form shall be used if check accompanies bid.)
Accompanying this proposal is a 'Certified *Cashiers check payable to the order of CITY OF
CARLSBAD, in the sum of
dollars ($
this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall
become the property of the City provided this proposal shall be accepted by the City through action of
its legally constituted contracting authorities and the undersigned shall fail to execute a contract and
furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of
this check shall also become the property of the City if the undersigned shall withdraw his or her bid
within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise
required by law, and notwithstanding the award of the contract to another bidder.
19
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BIDDER
*Delete the inapplicable word,
executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following Pages shall be
a Revised 9/11/00 Contract No. 3802-2 Page 16
BIDDERS BOND TO ACCOMPANY PROPOSAL
PINE SCHOOL SITE DEMOLITION
CONTRACT NO. 3802-2
KNOW ALL PERSONS BY THESE PRESENTS:
That we, , as Principal, and
as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows:
(must be at least ten percent (10%) of the bid amount) for which
payment, well and truly made, we bind ourselves, our heirs, executors and administrators,
successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-
bounden Principal for:
Pine School Demolition, Contract No. 3802-2
in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and
execute a Contract including required bonds and insurance policies within twenty (20) days from the
date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said
award, then this obligation shall become null and void; otherwise, it shall be and remain in full force
and effect, and the amount specified herein shall be forfeited to the said City.
... ... ... ... ...
...
...
... ...
... ...
...
... ...
Revised 9/11/00 Contract No. 3802-2 Page 17
.- In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond.
Executed by PRINCIPAL this day of 8 20-.
PRINCIPAL:
(name of Principal) of
By:
Executed by SURETY this day
I 20-.
(sign here) SURETY:
(print name here)
(name of Surety)
(Title and Organization of Signatory)
(address of Surety)
By:
(sign here)
(telephone number of Surety)
(print name here) By:
(signature of Attorney-in-Fact)
(title and organization of signatory)
(printed name of Attorney-in-Fact) -
(Attach corporate resolution showing current power of attorney.)
(Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
Deputy City Attorney
@ Revised 911 1/00 Contract No. 3802-2 Page 18
BIDDERS BOND TO ACCOMPANY PROPOSAL
CONTRACT NO. 3802-2
PINE SCHOOL SITE DEMOLITION
KNOW ALL, PERSONS BY THESE PRESENTS
That we. WHILLOC
as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows:
K, as Principal, and -,
(must be at least ten percent (10%) of the bid amount)**lO% OF BID*** for which
payment, well and tdy made, we bind ourselves, our heirs, executors and administrators,
successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above
bounden Principal for:
Pine School Demolition, Contract No. 3802-2
in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and
execute a Contract including required bonds and insurance policies within twenty (20) days from the
date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said
award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City.
...
.I,
...
...
i ...
I
1
...
... ... ... . .. . .. ... ...
I ... . .. ...
-
Revised 9/11/00 Contract No. 3802-2 Page 17
In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall
not exonerate the Surety from its obligations under this bond.
Executed by PRINCIPAL this 28th day of June ,20a.
PRINCIPAL:
Whillock Contracting. Inc.
/
~~ (print name here)
Secretary
(Title and Organization of Signatory)
By:Wd b (sign heie)
Mark B. hhillock
I
(print name here)
President
(title and organization of signatory)
Executed by SURETY this 28th of JUNE day ,2002.
SURETY:
GULF INSURANCE COMPANY
PO. BOX 2149
LAKESIDE, CA 92040 '*
(address of Surety)
(name of Surety)
(printed namk of Attorney-in-Fact)
(Attach corporate resolution showing current power of attorney.)
(Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.)
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
(President or vice-president and secretary or assistant secretary must sign for corporations. If only
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
City Attorney
RONALD R. BALL
By:
Deputy City Attorney
GULF INSURANCE COMPANY
HARTFORD, CONNECTICUT
POWEK OF ATTORNEY
ORIGINALS OF THIS POWER OF ATTORNEY ARE PAINTED ON BLUE SAFETY PAPER WITH TEAL INK.
pmcipdl office in the city 01 Irving, Texas, pursuant to the following resolution. adopted by Ihe Finance & Executive Committee of the Board of Directors of the said Company on
KNOW ALL MEN BY THESE PRESENTS: That the Gull Insurance Company, a corporation duly organized under the laws of the State ut Connecticut. having its
the l(1tIl day 01 August, 1993. to wit:
"HESOLVtU, that the Presidenl, Executlve Vice President or ally Serlior Vice President 01 Ihe Company shall have aulhorily to make, execute and deliver a Power 01 Attorney
c,on$titliting as Atti~iney~in~Facl, wch persons, firms, or corporations as may he seiected tram lime to time, and any such Attorney-in~Fact may be removed and the authority grant-
ed hiril revokcd by :he fresidrnt. or any txecutive Vice President, 11, ally Se!iioi Vice President, ~ir by the Board 01 Directors or by the Finance and Executive Committee otthe
Board of Direr:tois
RESOLVtU, that nothing in this Power 01 Attorney shall he construed as a yrant 01 authority to the attorney(s)-in-fact lo sign. execute. acknOWledge, deliver or otherwise issue
a policy 01 ~olicies 01 mirance on behall 01 Gull insurance Company
li~S~llVl~ll, lhat the siyrlalure of the President. Executive Vice President or any Senior Vice Preiident. and the Seal 01 the Company may be atlixed to any such Power 01
Atliirliey 01 any rertilicate relating therelo by lacsimile, and arly s%ch powers so executed and certified by facsimile signature ani! lacsimile seal shall be valid and binding upon
:I,? Cor:iL'diiy '11 tlir fu!!Ire wirh respect to any bond and doctmnts relallny to such bonds to which they are attached "
Gulf lllsuldlice Can~[~any does hereby make, constitute and appoint
JERRY E. MOSIER
.~ 11s trlie 2nd iawliit at!orr~ey(s]~in~lacl. with full power and authority hereby conlerred in its name, place and stead. to sign, execute, acknowledge and deliver in its behail, as
.iirty, ally ;wd all bor.ds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to lhe same extent as it any bonds, undertakings and
~~!meints relalinr~ In soch bonds and/or undertakings were signet1 by :he duly ailthorized Officer 01 the Gull Insurance Company and all the acts ot said attorney(s)-in-fact,
[~:~rsuar',l to thc authority herein given, are hereby ratilied and confirmed
T!lr obliyatior: ot llie Company shall not exceed live milllon (5,000,000) dollars
IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto
anixed.
STATE OF NEW YORK } ss & P"
COUNTY OF NEW YOKK
GULF INSURANCE COMPANY
SEAL
Lawrence P. Miniter Executive Vice President
On this 1st day of October, A.D. 2001, before me came Lawrence P. Miniter, known to me personally who being by me duly sworn, did depose and say: that he resides
in the County of Bergen, State of New Jersey; that he is the Executive Vice President of the Gulf Insurance Company, the corporation described in and which executed
the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments is such corporate seal; that it was so affixed by order of the
Board 01 Directors 01 said corporation and that he signed his name, thereto by like order. -
David Jaffa
Notary Public. Slaw of New Ynrk
Quatiflcd in Kings Counly
No. 02JA49SRh31
Commiwion Expircs Dcccrnhcr 30. 2001
STfVI'IC OF NEW YOKK
COIJNI'Y 01' NEW YORK } ss
I, the undersigned, Senior Vice President of the Gulf Insurance Company, a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER
,f ATTORNEY remains in full force.
Signcd md Sr;~lrd :$I t!~c City 01 New York. Dated the day of 20
George Biancardi
Senior Vice President
NOTARYACKNOWZEDGEMENT
State of California }
County of San Diego }
On 6/28/02 before me, Kathy L. Tilley, Notary Public personally appeared
Jerry E. Mosier personally known to me -or- proved to me on the basis of satisfactory
evidence to be the person (s) whose name (s) islare subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity (ies), and that by hishedtheir signature (s) on the instrument the person (s)
acted, executed the instrument.
WITNESS my hand and official seal.
)ss
......................................................................... -
(THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK)
,
NOTARYACMVOWLEDGEMENT
State of California
County of San Diego
On 6/28/02 before me, Kathy L. Tilley, Notary Public personally appeared
Tow M. Whillock
personally known to me -or- proved to me on the basis of satisfactory evidence to be the
person (s) whose name (s) idare subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in hislheritheir authorized capacity (ies), and
that by his/her/their signature (s) on the instrument the person (s) acted, executed the
instrument.
WITNESS my hand and official seal.
Si
(SEAL) .........................................................................
(THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK)
NOTARYACKNOKEDGEMENT
State of California
County of San Diego
On 6/28/02 before me, Kathy L. Tilley, Notary Public personally appeared
Mark B. Whillock
personally known to me +r- proved to me on the basis of satisfactory evidence to be the
person (s) whose name (s) is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in hishedtheir authorized capacity (ies), and
that by hisheritheir signature (s) on the instrument the person (s) acted, executed the
instrument.
WITNESS my hand and official seal.
Sign c I (SEAL) ........................................................................... -
(THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFTBLANK)
License Detail Page 1 of 3
:ontractor License # 572217
DISCLAIMER
4 license status check provides information taken from the CSLB license data base.
3efore relying on this information, you should be aware of the following limitations:
CSLB is prohibited by law from disclosing complaints until they are referred for
Per B&P 7071.17, only construction related civil judgments known to the CSLB
Arbitrations are not listed unless the contractor fails to comply with the terms of
Due to workload, there may be relevant information that has not yet been entered
legal action.
are disclosed.
the arbitration.
onto the Board's license data base.
Extract Date: 07/02/2002
* * * Business Information * * *
WHILLOCK CONTRACTING INC P 0 BOX 2322
LA MESA, CA 91943
Business Phone Number: (619) 579-0700
Entity: Corporation Issue Date: 06/30/1989 Expire Date: 06/30/2003
* * * License Status * * *
This license is current and active. All information below should be reviewed.
* * * Classifications * * *
Description
GENERAL ENGINEERING CONTRACTOR
BUILDING MOVING, DEMOLITION
EARTHWORK AND PAVING
* * * Certifications * * *
pZJl Description nl
7/2/02
License Detail Page 2 of 3
* * * Bonding Information * *
CONTRACTORS BOND: This license filed Contractor's Bond number 50352 in the
amount of $7,500 with the bonding company
AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date: 05/22/1997
.. ContractorsBnn ~ Hiss
BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO)
MARK BATEMAN WHILLOCK certified that helshe owns 10 percent or more of the
voting stocklequity of the corporation. A bond of qualifying individual is not required.
Effective Date: 07/07/2000
BQl's Bonding History
* * *Workers Compensation Information * * *
This license has workers compensation insurance with the
STATE COMPENSATION INSURANCE FUND
Policy Number3647405 Effective Date: 08/01/2001 Expire Date: 08/01/2002
Personnel listed on this license (current or disassociated) are listed on other
licenses.
Personnel List Other Licenses
~~~ License ~~~~~~ Number Request ~~ Contractor Name Request Personnel Name Request
Salesoerson Request Salesoerson Name Request
7/2/02
License Detail
0 2002 State of California. Gray Davis. Governor. Cgttdjtig.E_of Use Priv?.cyEjky
.-
Page 3 of 3
7/2/02
GUIDE FOR COMPLETING
THE "DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS"
AND
"DESIGNATION OF OWNER OPERATOWLESSOR AND
AMOUNT OF OWNER OPERATOWLESSOR WORK FORMS
disclosure forms Bidders are urged to review the definitions in section 1-2 of the SSPWC and of the
REFERENCES Prior to preparation of the following Subcontractor and Owner Operator/Lessor
Supplemental Provisions to this Contract especially, "Bid", "Bidder", "Contract", "Contractor",
"Contract Price", "Contract Unit Price", "Engineer", "Subcontractor" and "Work" and the definitions in
section 1-2 of the Supplemental Provisions especially "Own Organization" and "Owner
Operator/Lessor." Bidders are further urged to review sections 2-3 SUBCONTRACTS of the
SSPWC and section 2-3.1 of these Supplemental Provisions.
CAUTIONS These forms will be used by the Agency to determine the percentage of work that the
Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct
information may result in rejection of the bid as non-responsive. Any bid that proposes performance
of more than 50 percent of the work by subcontractors or owner operator/lessors or otherwise to be
performed by forces other than the Bidder's own organization will be rejected as non-responsive.
Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal"
are not included in computing the percentage of work proposed to be performed by the Bidder.
INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every
subcontractor or Owner Operator/Lessor who the Bidder proposes to perform work or labor or render
service in or about the work or improvement, and every subcontractor or Owner Operator/Lessor
licensed as a contractor by the State of California who the Bidder proposes to specially fabricate and
and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or ten
install any portion of the work or improvement according to detailed drawings contained in the plans
thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of
subcontractor(s) shall be set forth and included as an integral part of the bid offer.
Bidder shall use separate disclosure forms for each Subcontractor or Owner Operator/Lessor of
manpower and equipment that it proposes to use to complete the Work. Additional copies of the
forms must be attached if required to accommodate the Contractor's decision to use more than one
Subcontractor or Owner Operator/Lessor. All items of information must be completely filled out.
These forms must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and
correct information may result in rejection of the bid as non-responsive.
Neither the amount, in dollars, of work performed by the Bidder's own forces (as Contractor) nor the
Bidder's overhead and profit for subcontracted items of the work is included to compute the
percentage of the work performed by Subcontractors or Owner OperatorslLessors.
When the Bidder proposes that any bid item will installed by a Subcontractor or Owner
Operator/Lessor the amount, in dollars, of the bid item installed by each Subcontractor or Owner
Operator/ Lessor must be entered under the columns "Amount of Subcontracted Bid Item Including
Subcontractor's Overhead & Profit" or " Amount of Owner Operator/Lessor Bid Item Including Owner
Operator/Lessor's Overhead & Profit " unless the dollar amount of all work performed by any
Subcontractor or Owner OperatorlLessor is less than one-half of one percent (0.5%) of the Bidder's
total bid or ten thousand dollars ($10,000) whichever is greater. If a Subcontractor or Owner
Operator/Lessor installs or constructs any portion of a bid item the entire amount of the Contract Unit
Price, less the Bidder's overhead and profit, shall be multiplied by the Quantity of the bid item that the
Subcontractor or Owner Operator/Lessor installs to compute the amount of work so installed.
-
-
Revised 9/11/00 Contract No. 3802-2 Page 19
Suppliers of materials from sources outside the limits of work are not subcontractors. The value of
materials and transport of materials from sources outside the limits of work, as shown on the plans,
shall be assigned to the Contractor, the Subcontractor, or the Owner Operator/Lessor, as the case
may be, that the Bidder proposes as installer of said materials. The value of material incorporated in
any Subcontractor or Owner Operator/Lessor installed bid item that is supplied by the Bidder shall be
included as a part of the work that the Bidder proposes to be performed by the Subcontractor or
Owner OperatodLessor installing said item.
The item number from the "CONTRACTORS PROPOSAL" (Bid Sheets) shall be entered in the "Bid
Item No." column.
When a Subcontractor or Owner OperatodLessor has a Carlsbad business license the number must
be entered on the form. If the Subcontractor does not have a valid business license enter "NONE" in
the appropriate space.
required information. The page number and total number of additional form pages shall be entered in
Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the
the location provided on each type of form so duplicated.
When the Bidder proposes using a subcontractor or owner operatodLessor to construct or install less
than 100 percent of a bid item the Bidder shall attach an explanation sheet to the designation of
subcontractor or designation of Owner OperatodLessor forms as applicable. The explanation sheet
shall be provided by the Contractor to clearly apprise the Agency of the specific facts that show the
Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces.
Determination of the subcontract and Owner OperatodLessor amounts for purposes of award of the
contract shall determined by the City Council in conformance with the provisions of the contract
documents and the Supplemental Provisions. The decision of the City Council shall be final.
-
Revised 9/11/00 Contract No. 3802-2 Page 20
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
PINE SCHOOL SITE DEMOLITION
CONTRACT NO. 3802-2
The Bidder certifies that it has used the sub-bid of the following listed subcontractor in preparing this
designated in the list in accordance with applicable provisions of the specifications and section 4100 bid for the Work and that the listed subcontractor will be used to perform the portions of the Work as
et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the subcontractors listed work will be made
except upon the prior approval of the Agency.
Full Company Name of Subcontractor:
Subcontractor's Location of Business
Street Address
City State Zip
*Subcontractor's Telephone Number including Area Code: I 1 -
'Subcontractor's California State Contractors License No. and Classification:
*Subcontractor's Carlsbad Business License No.:
SUBCONTRACTOR'S BID ITEMS*
Exdanation:
Column 1 -Bid Item No. from the bid proposal, pages NN through NN. inclusive. 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 Contractor's overhead and profit for work done by both the Contractor's and the Subcontractor's forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages NN through NN, inclusive.
Page of pages of this Subcontractor Designation form
*
required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice
Pursuant to section 4104 (a)(Z)(A) California Public Contract Code, receipt of the portions of the information preceded by an asterisk
Inviting Bids." @ Revised 911 1/00 Contract No. 3802-2 Page 21
Sent By: ; 61 95790955 ; Jul-3-02 2:35PM; Page 1
-. ... ................ .......... ". ............... ."
................. .... .... .... ." ...
....... ........ ..... .- .... ...... .-
,," ." ...... ... ......... "" ... " .... ." .... .. ..
.........
.....
....... _._. l.,
, _. ...... ." . .
..... - .......
.____ .... " - -~
.......... .... .... .... .- " "
Sent By: ; 61 95790955 ; Ju1-3-02 2:36PM; Page 214
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
CONTRACT NO. 3802-2
PINE SCHOOL SITE DEMOLITION
The Bidder certifies that il ha5 used the wb-bid of lhe following listed subcontractor in preljaring lhis
designated in the llst in accordance wilh applicable provisions of the specifications and ssclion 4100 bid for the Work and that the lisled subcontractor will be used lo perform the portions of the Work as
et seq. of lhe Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of than one-half of one percenl (0.5%) of the Bidder's total hid or ten thousand dollars ($10,000) whichever is greater and that no changes in the s~hcontractors listed work will be made except upon the prior approval of lhe Agency.
Full.Company Name of Subcontractor: G. Scot.[-. Asphalt., Ir~c.
Sl.lhconlractor's Location ol Business--,,,- 158 'rrousdalc Dr. -..
Street AMI& -. .-
Chula Vi-sta, Ch 91 OIO-lO45
Cily Slate Zip I
'Subcontractor's Telephone Number including Area Code: (619.. 1 420 .- - 1654
Sent By: ; 61 95790955 ; Jul-3-02 2:36PM; Page 314
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
CONTRACT NO. 3802-2
PINE SCHOOL SITE DEMOLITION
The; Bidder certifies that it has used the sub-bid of the following listed subcontractor in preparing this bid for the Work and that the listed subcontractor wlll be used to perform the portions of the Work as designated In the list in accordance with applicable provisions of the specifications and section 4100
et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Praclices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars
except upon the prior approval of lhe Agency. ($16,000) whichever is greater and that no changes in the subcontractors listed work will be made
*Subcontractor's Telephone Number including Area Code: (40 ) 553 - 8065 :
'Subcontractor's California State Conkactors License No. and Classification: 3,l.l DD
"Subcontractor's Carlsbad Business License No.:
, . .. I is .$
Page 2 of . pages of tllis Subcontractor Desigrlalion form
-
rclqulred un lhis document may hs nllbnlllla~l by the Bidder up 10 24 holm alter tlw deadline for submilling bids canlainbcl In lhb "Nolice
t'llrs&nl la seclion 4104 (a@)(A) Calitornla Public Conlracl Codo, rPculpl of the porlions of Ihe inlormallon pracaaed by ai irslerisk
fnvilhiy BI~E."
Sent By: ; 61 95790955 ; Jul-3-02 2:36PM; Page 414
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
PINE SCHOOL SITE DEMOLITION
CONTRACT NO. 3802-2
The Bidder certifies that it has used the sub-bid of Ihe following listed subcontractor in preparing this
designated in the list in accordance with applicable provisions of the specifications and section 4100 bid for the Work and that the listed subcontractor will be used to perform the portions of the Work as
further certifies that no additional subcontractor will be allowed to perform any portion of the Work in el Seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder
exOess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars
($~O,OOO) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency.
Full Company Name of Subcon1rat;lor: ASIS Contracting, Inc..
'Subcontractor's Telephone Nuillbur irlcluding Area Code: 1 858 ) 5~6 . - 113m
*Subcontractor's California State Contractors License No. and Classiticalion: 121. &&
'Subcontractor's Carlsbad Busirless License No.: f 2 l'j0.32 . ,GC c3\
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
PINE SCHOOL SITE DEMOLITION
CONTRACT NO. 3802-2
The Bidder certifies that it has used the sub-bid of the following listed subcontractor in preparing this
designated in the list in accordance with applicable provisions of the specifications and section 4100
bid for the Work and that the listed subcontractor will be used to perform the portions of the Work as
further certifies that no additional subcontractor will be allowed to perform any portion of the Work in
et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder
excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars
($10,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency.
Full Company Name of Subcontractor: ASE Contracting, Inc.
Subcontractor's Location of Business 7925 Clairemont Mesa Blvd., #265
Street Address
San Diego, CA 92111
City State Zip
EXDlanatiOn: Column 1 - Bid Item No. from the bid proposal, pages NN through NN, inclusive. 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 Contractor's overhead and profit for work done by both the Contractor's and the Subcontractor's forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages NN through NN, inclusive.
Page 1 of 3 pages of this Subcontractor Designation form _-
* Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the portions of the information preceded by an asterisk
required on this document may be submitted by the Bidder up to 24 hours afler the deadline for submitting bids contained in the "Notice
inviting Bids.'' {3 Revised 9/11/00 Contract No. 3802-2 Page 21
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
PINE SCHOOL SITE DEMOLITION
CONTRACT NO. 3802-2
required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice
* Pursuant to section 4104 (a)(Z)(A) California Public Contract Code. receipt of the portions of the information preceded by an asterisk
Inviting Bids."
Revised 9/11/00 Contract No. 3802-2 Page 21
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
PINE SCHOOL SITE DEMOLITION
CONTRACT NO. 3802-2
The Bidder certifies that it has used the sub-bid of the following listed subcontractor in preparing this
designated in the list in accordance with applicable provisions of the specifications and section 4100
bid for the Work and that the listed subcontractor will be used to perform the portions of the Work as
further certifies that no additional subcontractor will be allowed to perform any portion of the Work in et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder
excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the subcontractors listed work will be made
except upon the prior approval of the Agency.
Full Company Name of Subcontractor: G. Scott Asphalt, Inc.
Subcontractor's Location of Business 358 Trousdale Dr.
Street Address
Chula Vista, CA 91910-1045
City State Zip
*Subcontractor's Telephone Number including Area Code: I 619 ) 420 - 1854
*Subcontractor's California State Contractors License No. and Classification: 751836 C12
*Subcontractor's Carlsbad Business License No.:
SUBCONTRACTOR'S BID ITEMS*
Item Performed by
Explanation:
Column 1 - Bid Item No. from the bid proposal, pages NN through NN, inclusive. 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 Contractor's overhead and profit for work done by both the Contractor's and the Subcontractor's forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages NN through NN, inclusive.
Page 3 of 3 pages of this Subcontractor Designation form
* Pursuant to section 4104 (a)(Z)(A) California Public Contract Code, receipt of the portions of the information preceded by an asterisk
required on this document may be submined by the Bidder up to 24 hours after the deadline for submining bids contained in the "Notice
Inviting Bids." @ Revised 9/11/00 Contract No. 3802-2 Page 21
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
CONTRACT NO. 3802-2
(To Accompany Proposal)
PINE SCHOOL SITE DEMOLITION
Copies of the latest Annual Report, audited financial statements or Balance Sheets may be
submitted under separate cover marked CONFIDENTIAL.
SEE ATTACHED
?@ Revised 911 1/00 Contract No. 3802-2 Page 23
DESIGNATION OF OWNER OPERATOWLESSOR AND
AMOUNT OF OWNER OPERATOWLESSOR WORK
CONTRACT NO. 3802-2
PINE SCHOOL SITE DEMOLITION
The Bidder certifies that it has used the sub-bid of the followina listed Owner ODerator/Lessor in
preparing this bid for the Work and that the listed Owner OperatoJLessor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the
specifications and section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional Owner Operator/Lessor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the
Owner Operator/Lessors listed work will be made except upon the prior approval of the Agency. Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the
~~~ ~~
Owner Operator/Lessor Location of Business
Street Address
City State Zip
*Owner Operator/Lessor Telephone Number including Area Code: ( ) -
*Owner Operator/Lessor City of Carlsbad Business License No.:
OWNER OPERATOWLESSOR WORK ITEMS
ExDlanation: Column 1 - Bid Item No. from the bid proposal, pages NN through NN. inclusive. Column 2 - The dollar amount of the item to be performed by the Owner OperatorILessor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and the
Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal Owner OperatorILessor's forces on the item.
pages NN through NN. inclusive.
Page of pages of this Owner Operator/Lessor form
* Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the portions of the information preceded by an asterisk
required on this document may be submitted by the Bidder up to 24 hours afler the deadline for submitting bids contained in the 'Notice
inviting Bids.'
@ Revised 9/11/00 Contract No. 3802-2 Page 22
WHILLOCK CONTRACTING, INC.
BALANCE SHEET
- DECEMBER 31,2001
ASSETS
CURRENT ASSETS
Cash
Contract receivables, net
Costs and estimated earnings in excess of billings on
uncompleted contracts
Prepaids and other assets
Employee loans
Total current assets
FIXED ASSETS
Computer equipment
Less accumulated depreciation
Total fixed assets
TOTAL ASSETS
LIABILITIES AND SHAREHOLDERS' EQUITY
CURRENT LIABILITIES
Accounts payable and accrued expenses
Accrued payroll
Due to related party
Billings in excess of costs and estimated
earnings on uncompleted contracts
Total current liabilities
COMMITMENTS AND CONTINGENCIES (Note E)
SHAREHOLDERS EQUITY
Common stock authorized 1,000 shares;
Retained earnings
Total shareholders' equity
issued and outstanding 300 shares
TOTAL LIABILITIES AND SHAREHOLDERS' EQUITY
$ 51,553
1 ,I 84,916
136,849
8,799
3.867
1,385,984
13,787
(10,261)
3,526
$ 1,389,510
287,444
23,468
206.698
240.882
758,492
10,000
621,018
631,018
$ ' ,1,389,510
See accompanying accountant's review report
and notes to financial statements.
2
.-
WHILLOCK CONTRACTING, INC.
STATEMENT OF INCOME AND RETAINED EARNINGS
FOR THE YEAR ENDED DECEMBER 31,2001
REVENUESEARNED $ 6,706,388
DIRECT COSTS OF CONSTRUCTION
INDIRECT COSTS OF CONSTRUCTION
GROSS PROFIT
GENERAL AND ADMINISTRATIVE EXPENSES
OPERATING INCOME
NON-OPERATING INCOME (EXPENSE):
Interest income
Other income
Interest expense
NET INCOME
$ 4,901,538
618,511 5,520,049
1,186,339
765,249
421,090
1,310
30,580
(3,734)
28,156
449,246
RETAINED EARNINGS, BEGINNING OF YEAR 776,873
DISTRIBUTIONS
RETAINED EARNINGS, END OF YEAR
(605,101)
$ 621,018
See accompanying accountant’s review report
and notes to financial statements.
3
c
WHILLOCK CONTRACTING, INC.
STATEMENT OF CASH FLOWS
FOR THE YEAR ENDED DECEMBER 31,2001
CASH FLOWS FROM OPERATING ACTIVITIES
Net income
Adjustments to reconcile net income to net cash
provided by operating activities:
Depreciation
Provision for uncollectable accounts
(Increase) decrease in operating assets:
Contract receivables
Costs and estimated earnings in excess of billings
Prepaids and other assets
Employee loans
Accounts payable and accrued expenses
Due to related party
Billings in excess of costs and estimated
on uncompleted contracts
Increase (decrease) in operating liabilities:
earnings on uncompleted contracts
NET CASH PROVIDED BY OPERATING ACTIVITIES
CASH FLOWS FROM FINANCING ACTIVITIES
Decrease on line of credit
Distributions paid to shareholders
NET CASH USED BY FINANCING ACTIVITIES
$ 449,246
1,636
127,735
(429,619)
(115,710)
69,352
98,865
70,007
222,809
235,431
729,752
(67,000)
(605,101)
(672,101)
NET INCREASE IN CASH AND CASH EQUIVALENTS 57,651
CASH AND CASH EQUIVALENTS
Beginning of period (6,098)
End of period $. 51,553
SUPPLEMENTAL DISCLOSURE OF CASH FLOW INFORMATION
Cash paid during the period for: - lnierest $ 3,734
Income tax $ 3.745
See accompanying accountant's review report
and notes to financial statements.
4
BIDDERS STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
CONTRACT NO. 3802-2
PINE SCHOOL SITE DEMOLITION
The Bidder is required to state what work of a similar character to that included in the proposed
Contract he/she has successfully performed and give references, with telephone numbers, which will
enable the City to judge hidher responsibility, experience and skill. An attachment can be used.
a Revised 9/11/00 Contract No. j802-2 Page 24
BIDDER'S CERTIFICATE OF INSURANCE FOR
GENERAL LIABILITY, EMPLOYERSy LIABILITY, AUTOMOTIVE
LIABILITY AND WORKERS COMPENSATION
CONTRACT NO. 3802-2
(To Accompany Proposal)
PINE SCHOOL SITE DEMOLITION
As a required part of the Bidder's proposal the Bidder must attach either of the following to this page.
1) Certificates of insurance showing conformance with the requirements herein for each of:
Comprehensive General Liability
Automobile Liability
Workers Compensation
Employer's Liability
2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon
payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for
Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's
Liability in conformance with the requirements herein and Certificates of insurance to the Agency
showing conformance with the requirements herein.
All certificates of insurance and statements of willingness to issue insurance for auto policies offered
to meet the specification of this contract must:
1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public
Works Construction and the Supplemental Provisions for this project for each insurance
company that the Contractor proposes.
2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned,
non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner.
-l
@ Revised 9/11/00 Contract No. 3802-2 Page 25
.
WILLOCK CONT&XTING, INC.
LICENSE NO. 57221 7
LAMESA, CA. 91943-2322
P.O. BOX 2322
(619) 579-0700
EXCAVATING GRADING DEMOLITION
GENERAL ENGINEERING
STATEMENT OF TECHNICAL. ABILITY & EXPERIENCE
Project and Location: Chesterton and Lomita Standpipes
Owner of Project: City of San Diego c/o URS 1615 Murray Cyn. Rd., San Diego, CA
Total Value of Construction: $ 536,593.00
CompletioniWork: 2001 Demolition
Reference: Name: Orlando King
Phone No: 619-294-9400
Fax No: 619-243-2977
Project and Location: Laurel Bay Apartment - San Diego
Owner of Project: Simpson Housing LLC - GWC Contractors 2550 5'h Ave., #407,
Total Value of Construction: $493,884.00
CompletioniWork: 2001 Demolition & Hazardous Removal
Reference: Name:
San Diego, CA
- Roger McHenry Phone No: 619-685-1693
Fax No: 619-531-7924
Project and Location: UC Berkeley - Berkeley
Owner of Project: UC Berkeley c/o CCM 3705 S. Cordoba Ave., Spring Valley, CA
Total Value of Construction: $ 568,410.00
CompletioniWork: 1999 Demolition
Reference: Name: Don Olson
Phone No: 619-660-2830
Fax No: 619-660-2845
Project and Location: Rivenvalk - San Diego
Owner of Project: Paseo Del Rio, LTD 2901 Fifth Ave., San Diego, CA 92103
Total Value of Construction: $ 800,000.00
CompletioniWork: 2001 Demolition & Grading
Reference: Name: Larry cushman
Phone No: 619-299-4160
Fax No: 619-291-5544
Project and Location: Silverstrand Elementary - Coronado
Owner of Project: Coronado Unified School District 555 D Ave., Coronado, CA
Total Value of Construction: $ 286,814.00
CompletioniWork 2000 Demolition
Reference: Name: Maurice Shaw
Phone No: 619-522-8900
Fax No: 619-435-4672
CERTIFICATE OF LIABILITY INSURANCE DATEIMWDDPPPIY)
'RODUCER
7/29/02
THIS CERTIFICATE IS ISSUED AS A MA'ITER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Professional Insurance Associates
L ry Mosier Insurance Agency
PO Box 2149 Lakeside, CA 92040
lSURED Whillock Contracting Inc., ETAL,quc,,& INSURERA: Claremont Liability Insurance 36412
.L?-v~/% INSURER^: Century National Insurance
La Mesa, CA 91943
26905
19429 INSURERC: Ins. Co of the State of Penn PO Box 2322 a
. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
619-448-5333 INSURERS AFFORDING COVERAGE NAlCI
1(619) 579-0700
INSURER D:
INSURER E
:OVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INS1 ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DC
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HER POLICIES.AGGREGATE LlMlTSSHOWN MAY HAVEBEEN REDUCEDBY PAlDCLAlh
3R D'L TR NIRD NPEOF 1- I wLlcy NUMBER
GENERAL LIABILITY
GENERAL LlABlLlTV
CLAIMSMADE OCCUR
AX RMO1-20567-01
I
GENL AGGREGATE LIMIT APPLIES PER 1 n ~FS n
AUTOMOBILELIABILIN x ANYAUTO
LOC
- -
ALLOWNEDAUTOS
SCHEDULEDAUTOS
- - B HIREDAUTOS x x - BAP 114316
" NON-OWNEDAUTOS x - X Physical Damage
Scheduled Auto8
GARAGE LIABILITY
ANYAUTO
EXCESSIUMBRELIA LlABlLlTY
42023333
DEDUCTIBLE
WORKERSCOMPENSATIONAND
EMPLOYERS LLABILIN
If es.d~~btl~nder SbECIAL PROVISIONS bdw
OTHER
I I iESCRlPTlONOFOPERATlONSlLOCATlONSIVEHICLESIEXCLUSlONSADDEDBYENWRSEl
POLICY EFFECTM DATE(MWDD&Yl
01-01-02
~ ~~
12-31-01
01-01-02
flISPECIALPROV1
POLICY EXPIRATION DAElMWDD&YI LIMITS
EACH OCCURRENCE $1,000,000 -EzEE%E:"e) s100,000
01-01-03 $1, 000, 000 PERSONALhADVlNJURY
$ 2 r 0 0 0 0 0 0 PRODUCTS. COMPIOP AGG
$2,000,000 GENERAL AGGREGAE
MEDEXP(hyonepemm1 $5,000
I I
12-31-02 BODILYINJURY (Peracddenll 5 1. I I
PROPERTY DAMAGE (Perasodenl)
AUTOONLY-EAACCIDENT 5
I
OTHERTHAN EAACC 1' AUTOONLY &?.e. "" "
EACH OCCURRENCE
AGGREGATE
54.000,000
01-01-03
54,000,000
5
I
5
WCSTATU- TORYLIMITS
E.L. EACH ACCIDENT
E.L. DISEASE . EA EMPLOYE I
I
log
E.L. DISEASE. wucy LIMIT s
The City of Carlsbad, its oficials, employees andvolunteers are named as
10 day notice of cancellation for non pay
additional insured per ACP 040 3/97 attached.
RE: Ongoing Grading and Demolition operations for Pine School Site
Demolition Project # 3802-2
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXFlRATlOh
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL= DAYS WRITTEN City of Carlsbad
Purchasing Department
1635 Faraday
NOTICE^. ERTIFICATE HOLDE MED TO THE LEFT, BUT FAILURE TO DO so SHALL
IMPOS 0 OBLIGATION OR LIABILITY 0 ANY KIND UPON THE INSURER, ITS AGENTS OR I Carlsbad, & 92008-7314
AUTHORIZED REpRmtpm,~~
REPRES ATIVES. - I -I I I I I I I ACORD25(2001/08) OACORD CORPORATION 1988
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY,
BLANKET ADDITIONAL INSURED(S)
The City of Carlsbad, its officials, employees and volunteers
This Endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
This endorsement changes the policy effective on the inception date of the policy unless another date is
indicated below.
Endorsement Effective
Whillock Contracting, 1nc.etal.
Named Insured
RMO1-20567-01 07/29/02 12:Ol A.M. standard time
Policy No.
Countersigned by
Jerry Mosier
It is agreed that coverage is provided to the Additional Insured(s) named in the above schedule as follows:
A. Sectlon 11- WHO IS AN INSURED, is amended to include the person@) or organization(s) specifically
designed as an Additional Insured(s) approved by us. A person or organization not specifically designated an
Additional Insured(s) approved by us is afforded no coverage hereunder.
.- 6. Coverage for any Additlonal Insured(s) shall incept at 1201 A.M. on the date such person or
organization as an Additional Insured(s) is approved by us.
C. Our applicable limit of liability shall not be increased by the inclusion of nay number of Additional Insured(s).
D. Coverage for the Additional Insured(s) is governed by the terms and conditions of this policy, including the insuring agreements.
E. Coverage provided for Additional Insured(s) is only to the extent of the liability for acts, errors and omissions
of the Named Insured as covered under this policy. No coverage is provided for liability based upon the
products, acts, errors and omissions of the Additional Insured(s).
F. Primaly contractual agreement, hold harmless agreement, waiver of subrogation agreement, cancellation
notification or any other modifying wording to an Additional Insured(s) endorsement must be approved by us,
and an additional charge may apply. Any other modifying wording not specifically approved and designated by
us is afforded no coverage hereunder.
ACP-040 (3/97) Claremont Liability Insurance
BIDDER'S STATEMENT RE DEBARMENT
CONTRACT NO. 3802-2
(To Accompany Proposal)
PINE SCHOOL SITE DEMOLITION
1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by
another jurisdiction in the State of California?
2) If yes, what wadwere the name(s) of the agency(ies) and what was/were the period(s) of
debarment(s)? Attach additional copies of this page to accommodate more than two debar-
ments.
party debarred party debarred -
agency - agency
period of debarment period of debarment
BY CONTRACTOR:
WHILLOCK CONTRACTING, INC.
(name of Contractor)
By&-
-
(sign here)
Torv M. Whillock. Secretarv
(print namehitie)
Page 1 of 1 pages of this Re Debarment form
?@ Revised 9/11/00 Contract No. 3802-2 Page 26'
PAGE 82/82
STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 CDM*EN.mPTIIau IhldURANOC FUND CERTIFICATE OF WORKERS COMPENSATION INSURANCE
"_ ~. . . - ..
JOif 30, 2.002
L rn PRaJScI! #85102-2
- Insurance Commissioner to the employer named below for the polioy period indicated. This is to cenify that we have issued a valid Workers Compensatian Insurance policy in a form approved by the California
This policy is not subjeci to cancellation by the Fund exoept upon &days' advance written notice to the employer.
We will also give you f& days'advanoe notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and doe5 not amend. extend or aiter the coverage afforded by the Policies listed hersin. NOlWithStanding any requirement. term. or Condition of any contra& or other document wlth respect to which this certificate Of insurance my be ipouod or may pertain, the insurance afforded by the policies descriueo herein is subject to all the terms, exclusions and conditions of Such policies.
30
EMPLOY-
r
L
.. -
BIDDER'S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
CONTRACT NO. 3802-2
PINE SCHOOL SITE DEMOLITION
Contractors are required by law to be licensed and regulated by the contractors' State License Board
which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent
act or omission is tiled within four years of the date of the alleged violation. A complaint regarding a
latent act or omission pertaining to structural defects must be filed within 10 years of the date of the
alleged violation. Any questions concerning a contractor may be referred to the Registrar,
Contractors' State License board, P.O. Box 26000, Sacramento, California 95826.
1) Have you ever had your contractor's license suspended or revoked by the California Contractors'
State license Board two or more times within an eight year period?
xx
Yes no
- 2) Has the suspension or revocation of your contractors license ever been stayed?
xx
no
3) Have any subcontractors that you propose to perform any portion of the Work ever had their
contractor's license suspended or revoked by the California Contractors' State license Board two
or more times within an eight year period?
xx
no
4) Has the suspension or revocation of the license of any subcontractor's that you propose to - perform any portion of the Work ever been stayed? _._. xx
no - 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party
disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of
the violation and the disciplinary action taken therefor. -
- .-
(If needed attach additional sheets to provide full disclosure.)
I Page 1 of 2 pages of this Disclosure of Discipline form
" @ Revised 9/11/00 Contract No. 3802-2 Page 27
BIDDERS DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED)
(To Accompany Proposal)
CONTRACT NO. 3802-2
PINE SCHOOL SITE DEMOLITION
6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party
who's discipline was stayed, the date of the violation that the disciplinary action pertains to,
describe the nature of the violation and the condition (if any) upon which the disciplinary action
was stayed.
N/A
(If needed attach additional sheets to provide full disclosure.)
BY CONTRACTOR:
Whillock Contracting. Inc.
(name of Contractor)
ByF-123 (sign here) I
Tory M. Whillock, Secretary
(print nameltitle)
Page 2 of 2 pages of this Disclosure of Discipline form
Revised 911 1/00 Contract No. 3802-2 Page 26
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
PINE SCHOOL SITE DEMOLITION
CONTRACT NO. 3802-2
State of California 1
COUntYof San Diego 1 ) ss.
Torv M. Whillock , being first duly sworn, deposes
(Name of Bidder)
and says that he or she is Secretary
(Title)
of Whillock Contracting, Inc.
(Name of Firm)
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation: that the bid is
genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited
any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain
fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure
communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to
any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not,
directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof,
or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation,
effectuate a collusive or sham bid.
partnership, company association, organization, bid depository, or to any member or agent thereof to
executed on the
I declare under penalty of perjury that the foregoing is true and correct and that this affidavit was 2nd day of July ,202.
Subscribed and sworn to before me on the 2nd day of July ,2002.
Notary Publk - Co
a Revised 9/11/00 Contract No. 3802-2 Page 29
.-
1.'
CONTRACT
PUBLIC WORKS
This agreement is made this /q.fk day of hGk ST , 20@, by and
between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"),
and WHILLOCK CONTRACTING INC whose principal place of business is
346 FRONT STREET, EL CAJON, CA 92020 (hereinafter
called "Contractor").
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contract documents
for: Pine School Site Demolition (hereinafter called "project")
2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools,
equipment, and personnel to perform the work specified by the Contract Documents.
3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids,
Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner
Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and
Specifications, the Supplemental Provisions, addendum@) to said Plans and Specifications and
Supplemental Provisions, and all proper amendments and changes made thereto in accordance with
this Contract or the Plans and Specifications, and all bonds for the project; all of which are
incorporated herein by this reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as
indicated, specified, and implied by the Contract Documents. Any items of work not indicated or
specified, but which are essential to the completion of the work, shall be provided at the Contractor's
expense to fulfill the intent of said documents. In all instances through the life of the Contract, the
said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials
City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to
suppliers of this condition of the Contract will not relieve responsibility of compliance.
4. Payment. For all compensation for Contractor's performance of work under this Contract, City
shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for
Public Works Construction (SSPWC) 2001 Edition, and the supplements thereto hereinafter
Association, and as amended by the Supplemental Provisions section of this contract. The Engineer
designated "SSPWC", as issued by the Southern California Chapter of the American Public Works
will close the estimate of work completed for progress payments on the last working day of each
month.
5. independent Investigation. Contractor has made an independent investigation of the
work, and is aware of those conditions. The Contract price includes payment for all work that may be
done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any
information that may have been furnished to Contractor by City about underground conditions or
other job conditions is for Contractor's convenience only, and City does not warrant that the
conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground
- OperatodLessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience,
.- jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the
Revised 9/11/00 Contract No. 3802-2 Page 30
- conditions and has not relied on information furnished by City.
6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging
trenches or other excavations that extend deeper than four feet below the surface Contractor shall
promptly, and before the following conditions are disturbed, notify City, in writing, of any:
A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste,
as defined in section 251 17 of the Health and Safety Code, that is required to be removed to a Class
I, Class II, or Class 111 disposal site in accordance with provisions of existing law.
B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those
indicated.
C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual
nature, different materially from those ordinarily encountered and generally recognized as inherent in
work of the character provided for in the contract.
City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ,
or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time
required for, performance of any part of the work shall issue a change order under the procedures
described in this contract.
differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time In the event that a dispute arises between City and Contractor whether the conditions materially
scheduled completion date provided for by the contract, but shall proceed with all work to be
performed under the contract. Contractor shall retain any and all rights provided either by contract or
by law which pertain to the resolution of disputes and protests between the contracting parties.
7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements
of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied
and will comply with these requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors, and consultants that are included in this
Contract.
8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of
California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates
Industrial Relations has determined the general prevailing rate of per diem wages in accordance with
is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to
California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post
copies of all applicable prevailing wages on the job site.
9., Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and
injury and liability of every kind, nature and description, directly or indirectly arising from or in
indemnify and hold harmless the City, and its officers and employees, from all claims, loss,, damage,
connection with the performance of the Contract or work; or from any failure or alleged failure of
Contractor to comply with any applicable law, rules or regulations including those relating to safety
and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may
for loss or damage caused by the sole or active negligence or willful misconduct of the City. The
expenses of defense include all costs and expenses including attorneys' fees for litigation,
arbitration, or other dispute resolution method.
Contractor shall also defend and indemnify the City against any challenges to the award of the
contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense
- required for, performance of any part of the work, contractor shall not be excused from any
" be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except
Revised 9/11/00 Contract No. 3802-2 Page 31
costs include the cost of separate counsel for City, if City requests separate counsel.
Contractor shall also defend and indemnify the City against any challenges to the award of the
the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense
contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by
costs for the City. Defense 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 insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, his or her agents, representatives,
employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in
Resolution No. 91403.
(A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits
indicted herein:
a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per
occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate
aggregate in the amounts specified shall be established for the risks for which the City or its agents,
officers or employees are additional insured.
b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for
bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the
scheduled or non-scheduled. The auto insurance Certificate must state the coverage is for "any
auto" and cannot be limited in any manner.
c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits
as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000
per incident. Workers' compensation offered by the State Compensation Insurance Fund is
acceptable to the City.
(B) Additional Provisions. Contractor shall ensure that the policies of insurance required under
this agreement with the exception of Workers' Compensation and Business Automobile Liability
Insurance contain, or are endorsed to contain, the following provisions.
a. The City, its officials, employees and volunteers are to be covered as additional insured as
respects: liability arising out of activities performed by or on behalf of the Contractor; products and
contractor. The coverage shall contain no special limitations on the scope of protection afforded to
completed operations of the contractor; premises owned, leased, hired or borrowed by the
the City, its officials, employees or volunteers. All additional insured endorsements must be
evidenced using separate documents attached to the certificate of insurance; one for each company
affording general liability, and employers' liability coverage.
.- performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether
officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its
b. The Contractor's insurance coverage shall be primary insurance as respects the City, its
officials, employees or volunteers shall be in excess of the contractor's insurance and shall not
contribute with it.
to the City, its officials, employees or volunteers.
c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided
d. Coverage shall state that the contractor's insurance shall apply separately to each insured
-
Revised 9/11/00 Contract No. 3802-2 Page 32
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
(C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to
state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage
or limits except after thirty (30) days' prior written notice has been given to the City by certified mail,
return receipt requested.
(D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured
retention levels must be declared to and approved by the City. At the option of the City, either: the
insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the
City, its officials and employees: or the contractor shall procure a bond guaranteeing payment of
losses and related investigation, claim administration and defense expenses.
(E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a
waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its
officials or employees.
(F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or
shall furnish separate certificates and endorsements for each subcontractor. Coverages for
subcontractors shall be subject to all of the requirements stated herein.
(G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's
Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of
insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a
listing in the official publication of the Department of Insurance of the State of California and/or under
the standards specified by the City Council in Resolution No. 91-403.
(H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and
original endorsements affecting coverage required by this clause. The certificates and
endorsements for each insurance policy are to be signed by a person authorized by that insurer to
bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the
City and are to be received and approved by the City before the Contract is executed by the City.
(I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included
in the Contractor's bid.
accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5
11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in
(commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is
included in the Supplemental Provisions I section. The contractor shall initially submit all claims over
$375,000 to the City using the informal dispute resolution process described in Public Contract Code
subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all
claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California
Government Code) for any claim or cause of action for money or damages prior to tiling any lawsuit
for breach of this agreement.
(A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the.City~
must be asserted as part of the contract process as set forth in this agreement and not in anticipation
of litigation or in conjunction with litigation.
(6) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be
considered fraud and the Contractor may be subject to criminal prosecution.
-
_-
@ Revised 9/11100 Contract No. 3802-2 Page 33
-~ (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a
false claim to a public entity. These provisions include false claims made with deliberate ignorance of
the false information or in reckless disregard of the truth or falsity of the information.
(D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False
Claims Act, it is entitled to recover its litigation costs, including attorney's fees.
(E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim
may subject the Contractor to an administrative debarment proceeding wherein the Contractor may
be prevented from further bidding on public cdntracts for a period of up to five years.
(F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025,
3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
(G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by
another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontrac-
tor from participating in future contract bidding.
(H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for
resolution of any disputes between the parties arising out of this agreement is San Diego County,
California.
I have read and understand all provisions of Section 11 ab0ve.Y d' knit -&&t
12. Maintenance of Records. Contractor shall maintain and make available at no cost to the
City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1,
Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's
principal place of business as specified above, Contractor shall so inform the City by certified
letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of
any change of address of such records.
7~
13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720
of the Labor Code are incorporated herein by reference.
14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted
for any monies withheld by the City to secure performance of this contract for any obligation
established by this contract. Any other security that is mutually agreed to by the Contractor and
the City may be substituted for monies withheld to ensure performance under this Contract.
15. Provisions Required by Law Deemed Inserted. Each and every provision of law and
clause required by law to be inserted in this Contract shall be deemed to be inserted herein and
included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not
correctly inserted, then upon application of either party, the Contract shall forthwith be physically
amended to make such insertion or correction.
16. Additional Provisions. Any additional provisions of this agreement are set forth in the
"General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof.
" NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
ATTACHED
Revised 9/11/00 Contract No. 3802-2 Page 34
.L
(CORPORATE SEAL)
CONTRACTOR:
Whillock Contracting, Inc.
(name of Contractor) A
By:- (sign here)
By:rYr-/T
Mark B. Whillock, President
(print name and title)
(sign here)
Tory M. Whillock, Secretary
(print name and title)
ATIEST:
President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
Revised 9/11/00 Contract No. 3802-2 Page 35
NOTARYACKNOWLEDGEMENT
State of California
County of San Diego
On 8/6/02 before me, Kathy L. Tilley, Notary Public personally appeared
Tom M. Whillock & Mark B. Whillock
personally known to me -or- proved to me on the basis of satisfactory evidence to be the
person (s) whose name (s) isiare subscribed to the within instrument and acknowledged
to me that heisheithey executed the same in hisiherltheir authorized capacity (ies), and
that by hisheritheir signature (s) on the instrument the person (s) acted, executed the
instrument.
WITNESS my hand and official seal.
Sig
(SEAL) ................ .................. ........................ I
(THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK)
.. P PREMIUM $5,920.34
- LABOR AND MATERIALS BOND
WHILLOCK CONTRACTING INC.
(hereinafter designated as the "Principal"), a Contract for. Pine School Site Demolion, Contract No.
3802-2
in the City of Cadsbad, in strict conformity with the drawings and Specifications, and Other Contract
Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are
incorporated herein by this reference. . I*
WHEREAS, principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail t0
pay for any materials, provisions, provender or other supplies or teams used in, upon or about the
performance of the work agreed to be done, or for any work or labor done thereon of any kind, the
Surety on this bond will pay the same to the extent hereinafter set forth.
NOW, THEREFORE, WE, -LOCK CONTRACTING, INC.
as Principal, (hereinafter designated as the "ContractoP), and GULF INSURANCE COMPANY
as Surety, are held firmly bound unto the Ci of Carlsbad in the sum of
**Three Hundred Twenty Eight Thousand Twenty TWO and 50/100** Dollars
t$328,022.50** ), said sum being an amount equal to:
One hundred percent (100%) of the total estimated amount payable under said contract by the City of Carlsbad under the terms of the contract when the total amount payable does not exceed five million dollars ($5,000.000) or,
Fifty percent (50%) of the total estimated amount payable under said contract by the City of Carlsbad under the terms of the contract when the total amount payable is not less than five million dollars
Twenty-five percent (25%) of the total estimated amount payable under said contract by the City of ($5,000,000) and does not exceed ten million dollars ($10,000,000) or,
for which payment well and truly to be made we bind ourselves, our heirs, executors and
Carlsbad under the terms of the contract If the contract exceeds ten million dollars ($1 0,000,000) and
administrators, successors, or assigns, jointly and severally, firmly by these presents,
THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or hidher subcontractors fail to
pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the
performance of the work contracted to be done, or for any other work or labor thereon of any kind, or
for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld, and paid over to the Employment Development
Department from the wages of employees of the contractor and subcontractors pursuant to section
13020 of the Unemployment Insurance Code with respect to such work and labor that the Surety will
the bond, costs and reasonable expenses and fees, including reasonable attorney's fees, to be fixed
pay for the same, not to exceed the sum specified in the bond, and, also, in case suit is brought upon
by the court, as required by the provisions of section 3248 of the California Civil Code.
This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 of Part 4 of Division 3 of the Civil Code (commencing with section 3082).
-
- Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the work to be performed thereunder or the specifications accompanying the
same shall affect its obligations on this bond, and it does hereby waive notice of any change,
extension of time, alterations or addition to the terms of the contract or to the work or to the
specifications.
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall
not exonerate the Surety from its,obligations.under this bond.
Executed by CONTRACTOR this 30th
day of July I 20" 02.
CONTRACTOR:
Tory M. Whillock (print name here)
Secretary
(title and organization of signatory)/ -
Mark B. Whillock
(print name here)
Executed by SURETY this 30th day
of July ,2002.
SURETY: . .I
GULF INSURANCE COMPANY
(name of Surety)
PO Box 2149 Lakeside, CA 92040
President
(title and organization of sknatory)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. if only one officer signs. the corporation must attach :a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By: Deputy City
,. GULF INSURANCE COMPANY
HARTFORD, CONNECTICUT
- POWER OF ATTORNEY
ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK
its principal office in the city of Irving. Texas, pursuant to tbe following resolution, adopted by the Finance & Executive Committee of the Board of Directors
KNOW ALL MEN BY THESE PRESENTS: That the Gulf Insurance Company. a corporation duly organizeo under the laws of the State of Connecticut, having
of the said Company on the 10th day of August, 1993, to wit:
"RESOLVED, that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a
Power of Attorney constituting as Attorney-in-Fact, such persons, firms, or corporations as may he selected from time to time; and any such Attorney-In-Fact
may he removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of
Directors or by the Fmance and Executive Committee of the Board of Directors.
or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company.
RESOLVED. that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign, execute, acknowledge, deliver
such Power of Attorney or any certiflcate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile
RESOLVED, that the signature of the President, Executive Vice President or any Senior Vice President, and the Seal of the Company may be affixed to any
seal shall he valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached."
Gulf Insurance Company does hereby make, constitute and appoint
Jerry E. Mosier
its true and lawful attorney(s)-in-fact. with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver
in its behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if
- any bonds, undertakings and documents relatlng to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance COmpanY
and all the acts of said aitorney(s)-in-fact. pursuant to the authority herein given, are hereby ratified and confirmed.
The obligation of the Company shall not exceed five million (5,000,000) doliars
IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer ut the Company and its Corporate Seal to
be hereto anixed. GULF INSURANCE COMPANY
STATE OF NEW YORK
COUNTY OF NEWYORK Lawrence P. Miniler
Executive Vice President
On this 1st day of October, AD 2001, before me came Lawrence P. Miniter, known to me personally who being by me duly sworn, did depose and say:
that he resides in the County 01 Bergen, State ut New Jersey; that he is the Executive Vice President of the Gulf Insurance Company, the corporation described
that it was so attixed by order of the Board of Directors ut said corporation and that he signed his name, thereto by like order.
in and which executed the above instrument; that he knows the seal of said corporation; that the seal attixed to the said instruments is such corporate seal;
AN& MAHABIR-BEGAZO~ Nolary Public, State of New York
Qualified in Kings County No. 01MA6019988
Commission Expirs February 16,2003
"
I, the undersigned, Senior Vice President of the Gulf Insurance Company, a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and allached
POWER OF ATTORNEY remains in lull force.
Signed and Sealed at the City of NewYork. Daled the day of 9 20
George Biancardi Senior Vice President
NOTARYACKNOWLEDGEMENT
State of California }
County of San Diego } )ss
On 7/30/02 before me, Kathy L. Tilley, Notary Public personally appeared
Jerry E. Mosier personally known to me -or- proved to me on the basis of satisfactory
evidence to be the person (s) whose name (s) idare subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in hisher/their authorized
capacity (ies), and that by hishedtheir signature (s) on the instrument the person (s)
acted, executed the instrument.
................. ................. .......................
(WE BALANCE OF THIS PAGE IS INTENTIONALLY LEFTBLANK)
,-
NOTARYACKNOWLEDGEMENT
State of California
County of San Diego
On 7/30/02 before me, Kathy L. Tilley, Notary Public personally appeared
Tow M. Whillock & Mark B. Whillock
personally known to me -or- proved to me on the basis of satisfactory evidence to be the
person (s) whose name (s) idare subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their authorized capacity (ies), and
that by his/her/their signature (s) on the instrument the person (s) acted, executed the
instrument.
(SEAL1 ........................................................................ ‘
(THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK)
-
PREMIUM $5,920.34
FAITHFUL
ii BOND 'wB34219352
PERFORMANCEMIARRANTY BOND
WHEREAS, the City Council of the City of Carisbad, State of California, by Resolution
No. 2002-21 7 , adopted July 23, 2002 , has awarded to
WHILLOCK CONTRACTING. INC. , (hereinafter
designated as the "Principal"), a Contract for: Pine School Site Demolition, Contract No. 3802-2
in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Offce of the City Clerk of the City OJ Carisbad, all of
which are incorporated herein by this reference.
WHEREAS, Principal has exeouted or is about to execute said Contract and the terms thereof
require the furnishing of a bond Por the faithful performance and warranty of said Contract;
NOW, THEREFORE, WE, WHILLOCK CONTRACTING, INC. , as Principal,
(hereinafter designated as the "Contractol"). and GULF INSURANCE COMPANY
, as Surety. are held and firmly bound unto the City of Carisbad,
one hundred percent (1 00%) of the estimated amount of the Contract, to be paid to City or its certain
in the sum of ******************x Dollars ($*328~022.50** ), said sum being equal to
attorney, its successors and assigns; for which payment, well and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly
by these presents. **Three Hundred Twenty Eight Thousand Twenty Two and 50/100** Dollars
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and well
and truly keep and perform the covenants, conditions, and agreements in the Contract and any
alteration thereof made as therein provided on their part, to be kept and performed at the time and in
the manner therein specified, ahd in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein
effect. '
stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in
any judgment rendered.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the work to be performed thereunder or the specifications accompanying the
same shall affect its obligations on this bond, and it does hereby waive notice of any change,
extension of time, alterations or addition to the terms of the contract or to the work or to the - specifications.
.. In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall
not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this 30th Executed by SURETY this 30th day of
day of July ,202. July
CONTRACTOR: SURETY:
,2002.
WHILLOCK CONTRACTING. INC. GULF INSURANCE COMPANY (name of Contractor) (name of Surety)
., -c- PO Box 2149 Lakeside, CA 92040
(sign here) (address of Surety)
Tory M. Whillock (p"=%3 3
(print name here) (telephone nuTber of Surety)
Secretary
(Title and Organization of Signatory)
." - /rl // JERRY E hosIER
(printed name of Attorney-in-Fact)
/(sigrh&i) -
Mark B. Whillock (Attach corporate resolution showing current
(print name here) power of attorney.)
President
(Title and Organization of signatory)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL Ci Attorney
By: Deputy City Attorney
GULF INSURANCE COMPANY
HARTFORD, CONNECTICUT
_- POWER OF ATTORNEY
ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK
KNOW ALL MEN BY THESE PRESENTS. That the Gull Insurance Company, a corporation duly organlzea under the laws of the State of Connecticut, having
its principal offlce in the city of Irvlng, Texas, pursuant to t5e following resolution, adopted by the Finance & Executive Committee of the Board of Directors
of the said Company on the 10th day of August, 1993, to wit:
Power of Attorney constituting as Attorney-in-Fact, such persons, firms, or corporations as may he selected from time to tlme; and any such Attorney-in-Fact
"RESOLVED, that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a
may be removed and the authority granted him revoked by the President. or any Executive Vice President, or any Senior Vice President, or by the Board of
Directors or by the Finance and Executive Committee of the Board of Directors.
or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company.
RESOLVED. that nothing in this Power of Attorney shall he construed as a grant of authority to the attorney(s)-in-fact to sign, execute, acknowledge, deliver
such Power of Attorney or any certificate relating thereto by facslmile. and any such powers so executed and certified by facsimile signature and facsinlile RESOLVED, that the signature of the President, Executive Vlce President or any Senior Vice President, and the Seal of the Company may be affixed to any
seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached."
Gulf Insurance Company does hereby make, constitute and appoint
Jerry E. Mosier
its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead. to sign, execute, acknowledge and deliver
any bonds, undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company
in its behaif. as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the Same extent as if
and all the acts of said attorney(s)-in-fact, pursuant to the authority herein given, are hereby ratifled and confirmed.
The obligation of the Company shall not exceed five miliion (5,000,000) doliars
. ..
be hereto affixed.
IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to O& GULF INSURANCE COMPANY
e. 9" STATE OF NEW YORK
COUNTY OF NEWYORK I ss "04V~co~ Lawrence P. Miniter
Executive Vice President
On this 1st day of October, A0 2001, before me came Lawrence P. Miniter, known to me personally who being by me duly sworn, did depose and say:
that he resides in the County of Bergen. State of New Jersey; that he is the Executive Vice President of the Gull Insurance Company, the corporation described
that it was so anixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order.
in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments is such corporate Seal;
STATE OF NEW YORK
COUNTY OF NEW YORK
ANOIE MAHABIK-BEGAZO Notary Puhlic, Slate of New York No. 01MA6019988
Commission Expires February 16,2003 Qualified in Kings County
I. the undersioned. Senior Vice President of the Gulf Insurance Company. a Connecticut Corporation, 00 HEREBY CERTIFY that the foregoing and attached
L
NOTARYACKNOmEDGEMENT
State of California }
)ss
County of San Diego }
On 7/30/02 before me, Kathy L. Tilley, Notary Public personally appeared
Jerry E. Mosier personally known to me -or- proved to me on the basis of satisfactory
evidence to be the person (s) whose name (s) idare subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in hisher/their authorized
capacity (ies), and that by hishedtheir signature (s) on the instrument the person (s)
acted, executed the instrument.
(THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK)
NOTARYACKNOWLEDGEMENT
State of California
County of San Diego
On 7/30/02 before me, Kathy L. Tilley, Notary Public personally appeared
Tow M. Whillock & Mark B. Whillock
personally known to me +x-- proved to me on the basis of satisfactory evidence to be the
person (s) whose name (s) idare subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their authorized capacity (ies), and
that by his/her/their signature (s) on the instrument the person (s) acted, executed the
instrument.
WITNESS my hand and official seal.
Cornmihion # 1?2!987
Notary Public - Corm
Si
(SEAL) ..........................................................................
(THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK)
OPTIONAL ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the City of Carlsbad whose
address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City and
whose address is
hereinafter called
"Contractor" and whose address is
hereinafter
called "Escrow Agent."
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows:
1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the contractor has the option to deposit securities with the Escrow Agent as a substitute for retention
earnings required to be withheld by the City pursuant to the Construction Contract entered into
between the City and Contractor for Pine School Site Demolition, Contract No. 3802-2 in the amount
"Contract"). Alternatively, on written request of the contractor, the City shall make payments of the
substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit.
retention earnings directly to the escrow agent. When the Contractor deposits the securities as a
The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the escrow
agent in connection with the handling of retentions under these sections in an amount not less than
$100,000 per contract. The market value of the securities at the time of the substitution shall be a
least equal to the cash amount then required to be withheld as retention under the terms of the
contract between the City and Contractor. Securities shall be held in the name of the
, and shall designate the Contractor as the beneficial
owner.
2. The City shall make progress payments to the Contractor for such funds which otherwise would
be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow
Agent holds securities in the form and amount specified above.
agent shall hold them for the benefit of the contractor until such time as the escrow created under
3. When the City makes payment of retentions eamed directly to the escrow agent, the escrow
this contract is terminated. The contractor may direct the investment of the payments into securities.
All terms and conditions of this agreement and the rights and responsibilities of the parties shall be
equally applicable and binding when the City pays the escrow agent directly.
4. The contractor shall be responsible for paying all feesfor the expenses incurred by the Escrow
Agent in administering the Escrow Account and all expenses of the City. These expenses and
payment terms shall be determined by the City, Contractor and Escrow Agent.
5. The interest earned on the securities or the money market accounts held in escrow and all
interest eamed on that interest shall be for the sole account of Contractor and shall be subject to
withdrawal by Contractor at any time and from time to time without notice to the City.
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account
of dated (hereinafter referred to as the
?@ Revised 9/11/00 Contract No. 3802-2 Page 40
.- only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow
Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor.
7. The City shall have a right to draw upon the securities in the event of default by the Contractor.
shall immediately convert the securities to cash and shall distribute the cash as instructed by the City.
Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent
8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the
escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon
Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less
disbursement of all moneys and securities on deposit and payments of fees and charges.
9. The Escrow Agent shall rely on the written notifications from the City and the contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and
interest as set forth above.
10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:
For City: Title
For Contractor:
For Escrow Agent:
Name
Signature
Address
Title
Name
Signature
Address
Title
Name
Signature
Address
At the time the Escrow Account is opened, the City and Contractor'shall deliver to the Escrow Agent
a fully executed counterpart of this Agreement.
_-
a Revised 9/11/00 Contract No. 3802-2 Page 41
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the
date first set forth above. -.
For City:
For Contractor:
For Escrow Agent:
Title
Name
Signature
Address
Title
Name
Signature
Address
Title
Name
Signature
Address
a Revised 9/11/00 Contract No. 3802-2 Page 42
SUPPLEMENTAL PROVISIONS
FOR
Pine School Site Demolition
CONTRACT NO. 3802-2
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART I, GENERAL PROVISIONS
SECTION I -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS
1-1 TERMS
Add the following section:
1-1.1 Reference to Drawings. Where words "shown", "indicated, "detailed", "noted", "scheduled",
or words of similar import are used, it shall be understood that reference is made to the plans
accompanying these provisions, unless stated otherwise.
Add the following section:
1-1.2 Directions. Where words "directed, "designated, "selected, or words of similar import are
used, it shall be understood that the direction, designation or selection of the Engineer is intended,
unless stated otherwise. The word "required and words of similar import shall be understood to
mean "as required to properly complete the work as required and as approved by the Engineer,"
unless stated otherwise.
Add the following section:
words of similar import are used, it shall be understood such words are followed by the expression "in
1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such
the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval",
"acceptance", or words of similar import are used, it shall be understood that the approval,
acceptance, or similar import of the Engineer is intended.
Add the following section:
1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its
furnishing and installing of materials that are indicated, specified or required to mean that the
expense, shall perform all operations, labor, tools and equipment, and further, including the
Contractor, at its expense, shall furnish and install the work, complete in place and ready to use,
including furnishing of necessary labor, materials, tools, equipment, and transportation.
1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively
defined by the definitions assigned to them herein.
Agency -the City of Carlsbad, California.
@ Revised 9/11/00 Contract No. 3802-2 Page 43
City Council -the City Council of the City of Carlsbad.
City Manager - the City Manager of the City of Carlsbad or hislher approved representative.
Dispute Board - persons designated by the City Manager to hear and advise the City Manager on
claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute
resolution.
Engineer - the Public Works Director of the City of Carlsbad or hislher approved representative.
The Engineer is the third level of appeal for informal dispute resolution.
Contract Price bid.
Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original
Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired,
directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and
Federal income taxes paid, and administered, as applicable, by the Contractor. When used in
Section 2-3.1 ”own organization” means construction equipment that the Contractor owns or leases
operator is not part of the Contractor’s Own Organization and will not be included for the purpose of
and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an
compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions.
Owner Operator/Lessor -Any person who provides equipment or tools with an operator provided
who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee
of the Agency or a public utility.
appeal for informal dispute resolution.
Public Works Manager - The Construction Manager’s immediate supervisor and second level of
Project Inspector - the Engineer’s designated representative for inspection, contract administration
and first level for informal dispute resolution.
Construction Manager - the Project Inspector’s immediate supervisor and first level of appeal for
informal dispute resolution.
1-3 ABBREVIATIONS
1-3.2 Common Usage, add the following:
Abbreviation Word or Words
Apts ........................................ Apartment and Apartments
Bldg ........................................ Building band Buildings
CMWD .................................... Carlsbad Municipal Water District
CSSD ..................................... Carlsbad Supplemental Standard Drawings cfs ........................................... Cubic Feet per Second
Comm ..................................... Commercial
DR .......................................... Dimension Ratio E ............................................. Electric
G ............................................. Gas
gal ........................................... Gallon and Gallons
Gar ......................................... Garage and Garages
GNV ........................................ Ground Not Visible
gpm ......................................... allons per minute
Revised 9/11/00 Contract No. 3802-2 Page 44
IE ............................................ Invert Elevation
LCWD ..................................... Leucadia County Water District
MSL ........................................ Mean Sea Level (see Regional Standard Drawing “12)
NCTD ..................................... North County Transit Distrct
MTBM ..................................... Microtunneling Boring Machine
OHE ........................................ Overhead Electric
OMWD ................................... Olivenhain Municipal Water District
ROW ...................................... Right-of-way
S ............................................. Sewer or Slope, as applicable
SDNR ..................................... San Diego Northem Railway
SDRSD ................................... San Diego Regional Standard Drawing
SFM ........................................ Sewer Force Main T ............................................. Telephone
UE .......................................... Underground Electric
W ............................................ Water, Wider or Width, as applicable
VWD ....................................... Vallecitos Water District
SECTION 2 -- SCOPE AND CONTROL OF THE WORK
2-3 SUBCONTRACTS.
2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring
the Contractor to complete 50 percent of the contract price with its own organization, the Agency may
value of the work performed in excess of 50 percent of the contract price by other than the
at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of the
of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a
Contractor’s own organization. The City Council shall be the sole body for determination of a violation
public hearing before the City Council and shall be notified ten (IO) days in advance of the time and
location of said hearing. The determination of the City Council shall be final.
2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, “who
is listed in the latest version of US. Department of Treasury Circular 570,”.
Modify paragraphs three and four to read: The Contractor shall provide a faithful perform-
ancdwarranty bond and payment bond (labor and materials bond) for this contract. The faithful
performancelwarranty bond shall be in the amount of 100 percent of the contract price. The
Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount
equal to:
1) One hundred percent (100%) of the total amount payable by the terms of the contract when the
total amount payable does not exceed five million dollars ($5,000,000).
2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total
amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million
dollars (51 0,000,000).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract
exceeds ten million dollars ($10,000,000).
Both bonds shall extend in full force and effect and be retained by the Agency during this project until
they are released according to the provisions of this section.
The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days
after recordation of the Notice of Completion and will remain in full force and effect for the one year
warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The
bonds to secure payment of laborers and materials suppliers shall be released six months plus 30
a Revised 9/11/00 Contract No. 3802-2 Page 45
days after recordation of the Notice of Completion if all claims have been paid.
Add the following: All bonds are to be placed with a surety inSUranCe carrier admitted and
authorized to transact the business of insurance in California and whose assets exceed their
liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the
following documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the
execution of the bond. The financial statement shall be made by an officefs certificate as defined in
insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the
Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may
be verified by the oath of the principal officer or manager residing within the United States.
instrument entitling or authorizing the person who executed the bond to do so.
2-5 PLANS AND SPECIFICATIONS.
2-5.1 General, add the following: The specifications for the work include the Standard
Specifications for Public Works Construction, (SSPWC), 2000 Edition, and supplements thereto,
hereinafter designated "SSPWC", as written and promulgated by Joint Cooperative Committee of the
Associated General Contractors of California, and as amended by the Supplemental Provisions
Southern California Chapter American Public Works Association and Southern California Districts
section of this contract.
The plans consist of the site plans and exhibits designated as City of Carlsbad Drawing No. 400-7
consisting of 4 sheets attached in Appendix 1. The standard drawings used for this project are the
latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRS, as
of the City of Carlsbad Supplemental Standard Drawings, hereinafter designated as CSSD, as
issued by the San Diego County Department of Public Works, together with the most recent editions
issued by the City of Carlsbad and the Carlsbad Municipal Water District Standard Plans hereinafter
designated as CMWDSD, as issued by the Carlsbad Municipal Water District. Copies of some of the
pertinent standard drawings are enclosed as an appendix to these Supplemental Provisions.
2-5.2 Precedence of Contract Documents, modify as follows: If there is a conflict between
the most recent edition of the following documents listed in order of highest to lowest precedence:
Contract Documents, the document highest in precedence shall control. The precedence shall be
1) Permits from other agencies as may be required by law.
2) Supplemental Provisions.
4) Standard Plans.
3) Plans.
a) City of Carlsbad Supplemental Standard Drawings.
b) Carlsbad Municipal Water District Standard Drawings.
c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings.
d) San Diego Area Regional Standard Drawings.
e) State of California Department of Transportation Standard Plans.
5) Standard Specifications for Public Works Construction.
6) Reference Specifications.
7) Manufacturer's Installation Recommendations.
take precedence over items 2) through 7) above. Detailed plans and plan views shall have
Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will
precedence over general plans.
Revised 9/11/00 Contract No. 3802-2 Page 46
2-5.3.3 Submittals, add the following: Each submittal shall be consecutively numbered.
Resubmittals shall be labeled with the number of the original submittal followed by an ascending
submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively
alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth
numbered, Each set of shop drawings and submittals shall be accompanied by a letter of transmittal
on the Contractor's letterhead. The Letter of transmittal shall contain the following:
1) Project title and Agency contract number.
2) Number of complete sets.
3) Contractor's certification statement.
4) Specification section number(s) pertaining to material submitted for review.
5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for
6) Description of the contents of the submittal.
7) Identification of deviations from the contract documents.
that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in
When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification
conformance with the requirements of the Contract Documents. The Contractor shall subscribe to
and shall place the following certification on all submittals:
"I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to
the allocated spaces, and is submitted for approval."
be incorporated into this Project, is in compliance with the Contract Documents, can be installed in
the same materials.)
By: Title:
Date:
Company Name:
Add the following:
2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete "as-built"
record set of blue-line prints, which shall be corrected in red daily and show every change from the
original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose
may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be
used only as a record set and shall be delivered to the Engineer within ten (IO) days of completion
of the work. Payment for performing the work required by section 2-5.4 shall be included in the
various bid items and no additional payment will be made therefor.
2-9 SURVEYING.
2-9.1 Permanent Survey Markers, Delete sections 2-9.1 and replace with the following: The
Contractor shall not cover or disturb permanent survey monuments or benchmarks without the
consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting
an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or
a registered civil engineer authorized to practice land surveying within the State of California,
hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor
shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at
the site of the replacement is completed. The Surveyor shall file corner record@) as required by 55
8772 and 8773, et seq. of the California Business and Professions Code.
@ Revised 9/11/00 Contract No. 3802-2 Page 47
When a change is made in the finished elevation of the pavement of any roadway in which a
permanent survey monument is located, the Contractor shall adjust the monument frame and cover
to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument
frames and covers shall be protected during street sealing or painting projects or be cleaned to the
satisfaction of the Engineer.
2-9.2 Survey Service, Delete sections 2-9.2 and replace with the following: The Contractor shall
hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for
construct the work, provide surveying services as required herein and provide surveying, drafting and
establishing control, construction staking, records research and all other surveying work necessary to
other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor
shall be resident on the site during all surveying operations and shall personally supervise and certify
the surveying work.
Add the following section:
2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform to the
requirements of section 2-5.3.3, “Submittals”, herein. The Contractor shall submit grade sheets to
the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall
submit field notes for all surveying required herein to the Engineer within ten days of performing the
survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound
form on 215mm by 280 mm by 11”) paper. The field notes, calculations and supporting data
shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from
earlier surveys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labled with name of the Surveyor, the party
chief, field crew members and preparer of the field notes or calculations. They shall be annotated
with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any
computer program. The field notes shall be prepared in conformance with the CALTRANS “Surveys
Manual”. The Contractor shall have a Record of Survey prepared by the Surveyor and file it in
conformance with 55 8700 - 8805 of the State of California Business and Professions Code when the
Surveyor performs any surveying that such map is required under 5s 8762 of the State of California
Business and Professions Code and whenever the Surveyor shall establish, set or construct any
permanent survey monument. SDRS drawing “10 type monuments, bolts, spikes, leaded tacks
and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are
at, or accessory to, property corners and street centerlines are permanent survey monuments. The
all other data needed to determine the procedure of survey and the degree of accuracy attained by
Record of Survey shall show all monuments set, control monuments used, the basis of bearings and
the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not
exceed 1 part in 40,000. The record of survey shall show the location and justification of location of
shall be submitted for the Engineer’s review and approval before submittal to the County Surveyor
all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s)
and before submittal to the County Recorder.
Add the following section:
2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections
2-9.1 through 2-9.3.2 shall be included in the actual bid items requiring the survey work and no
additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made therefor. Payment
for the replacement of disturbed monuments and the filing of records of survey and/or corner
records, including filing fees therefor, shall be incidental to the work necessitating the disturbance of
said monuments and no additional payment will be made therefor.
*, tS Revised 9/11/00 Contract No. 3802-2 Page 48
2-10 AUTHORITY OF BOARD AND ENGINEER.
Add the following section:
2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies
of all records in the Contractor's or subcontractor's possession pertaining to the work that the
Engineer may request.
Add the following section:
2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the
activities and to contractually require all subcontractors to this Contract to do the same. The
Engineer, within San Diego County, accurate books and accounting records relative to all its
Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors
performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include,
but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of
Contractor's staff and the staff of all subcontractors to this contract. At any time during normal
business hours and as often as the Engineer may deem necessary, upon reasonable advance
notice, Contractor shall make available to the Engineer for examination, all of its, and all
subcontractors to this contract, records with respect to all matters covered by this Contract and will
permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and
records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data
relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations.
Contractor and all subcontractors to this contract shall maintain such data and records for as long as
may be required by applicable laws and regulations.
SECTION 3 -- CHANGES IN WORK
3-2 CHANGES INITIATED BY THE AGENCY.
3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in
quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of
contract unit price for such items will be limited to that portion of the change in excess of 25 percent
of the original quantity listed in the Contractor's bid proposal for this contract. Adjustments in excess
of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work.
3-3 EXTRA WORK.
3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of
ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs
shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CALTRANS,
current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein
shall be used as multipliers of the rental rates for determining the value of costs for delay to the
Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of
this contract.
3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following:
?@ Revised 9/11/00 Contract No. 3802-2 Page 49
(a) Work by Contractor. The following percentages shall be added to the Contractor's costs
and shall constitute the markup for all overhead and profits:
2) Materials 15
1) Labor 20
3) Equipment Rental ................... 15
4) Other Items and Expenditures .. 15
To the sum of the costs and markups provided for in this section, 1 percent shall be added as
compensation for bonding.
(b) Work by Subcontractor. When all or any part of the extra work is performed by a
Subcontractor, the markup established in section 3-3.2.3(a) shall be applied to the Subcontractor's
actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of
the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted
portion of the extra work may be added by the Contractor.
3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for
extra work will not be made until such time that the Contractor submits completed daily reports and
all supporting documents to the Engineer.
3-4 CHANGED CONDITIONS.
Delete the second sentence of paragraph three, delete paragraph five (5), and add the following: The
to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of
Contractor shall not be entitled to the payment of any additional compensation for any act, or failure
any event, thing, occurrence, or other cause, unless the Contractor shall have first given the
Engineer due written notice of potential claim as hereinafter specified. Compliance with this section
shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation
submitted by the Contractor to the Engineer upon their discovery and prior to the time that the
as to contract quantities. The written notice of potential claim for changed conditions shall be
Contractor performs the work giving rise.to the potential claim. The Contractor's failure to give
written notice of potential claim for changed conditions to the agency upon their discovery and before
they are disturbed shall constitute a waiver of all claims in connection therewith.
The Contractor shall provide the City with a written document containing a description of the
particular circumstances giving rise to the potential claim, the reasons for which the Contractor
believes additional compensation may be due and nature of any and all costs involved within 20
working days of the date of service of the written notice of potential claim for changed conditions.
Verbal notifications are disallowed.
The potential claim shall include the following certification relative to the California False Claims Act,
Government Code Sections 12650-12655.
"The undersigned certifies that the above statements are made in full cognizance of the California
False Claims Act, Government Code sections 12650-12655. The undersigned further understands
and agrees that this potential claim, unless resolved, must be restated as a claim in response to the
City's proposed final estimate in order for it to be further considered."
................................... .............................
By: Title:
Revised 911 1/00 Contract No. 3802-2 Page 50
Company Name:
The Contractor's estimate of costs may be updated when actual costs are known. The Contractor
shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim
subsequently filed on the basis of said notice of potential claim.
It is the intention of this section that differences between the parties arising under and by virtue of the
contract be brought to the attention of the Engineer at the earliest possible time in order that such
matters be settled, if possible, or other appropriate action promptly taken.
3-5 DISPUTED WORK.
Add the following: The Contractor shall give the agency written notice of potential claim prior to
commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in
connection therewith.
resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall
Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute
attempt to resolve all disputes informally through the following dispute resolution chain of command:
1. Project Inspector
2. Construction Manager
3. Public Works Manager
4. Public Works Director/City Engineer
5. City Manager
The Contractor shall submit a complete report within 20 working days after completion of the
disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or
the Contractor's report and respond with a position, request additional information or request that the
appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review
Contractor meet and present its report. When additional information or a meeting is requested the
City will provide its position within 10 working days of receipt of said additional information or
Contractor's presentation of its report. The Contractor may appeal each level's position up to the City
Manager after which the Contractor may proceed under the provisions of the Public Contract Code.
The authority within the dispute resolution chain of command is limited to recommending a resolution
to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions
in the contract.
All claims by the contractor for $375,000 or less shall be resolved in accordance with the Drocedures
in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section
20104) which is set forth below:
,
ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS
20104. (a)(l) This article applies to all public works claims of three hundred seventy-five thousand
Revised 9/11/00 Contract No. 3802-2 Page 51
dollars ($375,000) or less which arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a contract between a contractor and a
public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1
(commencing with Section 10240) of Chapter 1 of Part 2.
@)(I) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except
that "public work" does not include any work or improvement contracted for by the state or the
Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of
money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract
for a public work and payment of which is not otherwise expressly provided for or the claimant is not
otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications
for any work which may give rise to a claim under this article.
(d) This article applies only to contracts entered into on or after January 1, 1991.
20104.2. For any claim subject to this article, the following requirements apply:
Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to
(a) The claim shall be in writing and include the documents necessary to substantiate the claim.
extend the time limit or supersede notice requirements otherwise provided by contract for the filing of
claims.
(b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in
writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30
defenses to the claim the local agency may have against the claimant.
days of receipt of the claim, any additional documentation supporting the claim or relating to
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted to the
claimant within 15 days after receipt of the further documentation or within a period of time no greater
than that taken by the claimant in producing the additional information, whichever is greater.
(c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred
seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written
claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of
the claim, any additional documentation supporting the claim or relating to defenses to the claim the
local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
the claimant within 30 days after receipt of the further documentation, or within a period of time no
(3) The local agency's written response to the claim, as further documented, shall be submitted to
greater than that taken by the claimant in producing the additional information or requested
documentation, whichever is greater.
(d) If the claimant disputes the local agency's written response, or the local agency fails to respond
within the time prescribed, the claimant may so notify the local agency, in writing, either within 15
days of receipt of the local agency's response or within 15 days of the local agency's failure to
respond within the time prescribed, respectively, and demand an informal conference to meet and
confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a
meet and confer conference within 30 days for settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2
(commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For
purposes of those provisions, the running of the period of time within which a claim must be filed
shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a)
until the time that claim is denied as a result of the meet and confer process, including any period of
time utilized by the meet and confer process.
Revised 9/11/00 Contract No. 3802-2 Page 52
(f) This article does not apply to tort claims and nothing in this article is intended nor shall be
construed to change the time periods for filing tort claims or actions specified by Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division
3.6 of Title 1 of the Government Code.
20104.4, The following procedures are established for all civil actions filed to resolve claims subject
to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court
shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties.
third person as mediator, shall be commenced within 30 days of the submittal, and shall be
The mediation process shall provide for the selection within 15 days by both parties of a disinterested
concluded within 15 days from the commencement of the mediation unless a time requirement is
extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail
to select a mediator within the 15-day period, any party may petition the court to appoint the mediator.
(b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to
Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure,
notwithstanding Section 1141 .ll of that code. The Civil Discovery Act of 1986 (Article 3 (commencing
with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any
proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the
parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to
exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except
event shall these fees or expenses be paid by state or countyfunds.
in the case of arbitration where the arbitrator, for good cause, determines a different division. In no
(3) In addition to Chapter 2.5 (commencing with Section 1141 .IO) Title 3 of Part 3 of the Code of Civil
Procedure, any party who after receiving an arbitration award requests a trial de novo but does not
obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter,
pay the attorney’s fees of the other party arising out of the trial de novo.
(c) The court may, upon request by any party, order any witnesses to participate in the mediation or
arbitration process.
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed
except as otherwise provided in the contract.
(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any
arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law.
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP.
4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe
access to any and all parts of work at any time. Such free and safe access shall include means of
safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8,
Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety
Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such
information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. ,Inspection or testing of the whole or any portion of the
work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill
Revised 911 1/00 Contract No. 3802-2 Page 53
this Contract.
4-1.4 Test of Materials, delete the phrase, "and a reasonable amount of retesting", from the third
sentence of the first paragraph.
add the following: Except as specified in these Supplemental Provisions, the Agency will bear the
cost of testing of locally produced materials and/or on-site workmanship where the results of such
tests meet or exceed the requirements indicated in the Standard Specifications and the
Supplemental Provisions. The cost of all other tests shall be borne by the Contractor.
At the option of the Engineer, the source of supply of each of the materials shall be approved by the
Engineer before the delivery is started. All materials proposed for use may be inspected or tested at
found that sources of supply that have been approved do not furnish a uniform product, or if the
any time during their preparation and use. If, after incorporating such materials into the Work, it is
product from any source proves unacceptable at any time, the Contractor shall furnish approved
material from other approved sources. If any product proves unacceptable after improper storage,
handling or for any other reason it shall be rejected, not incorporated into the work and shall be
removed from the project site all at the Contractor's expense.
Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the
requirements of the specifications shall be borne by the Agency. Said tests may be made at any
place along the work as deemed necessary by the Engineer. The costs of any retests made
necessary by noncompliance with the specifications shall be borne by the Contractor.
4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the
satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution
is determined to be unsatisfactory in performance, appearance, durability, compatibility with
associated items, availability of repair parts and suitability of application the Contractor shall remove
the substituted item and replace it with the originally specified item at no cost to the Agency.
Add the following section:
4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE.
The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the
quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate,
remove and dispose excess of all materials used to accomplish the Work. Materials shall be
delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be
accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor
description of the material(s) shipped. Prior to storage of any materials which have been shipped to
as consignee, the project name and number, address of delivery and name of consignor and a
or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the
Engineer a copy of lease agreements for each property where such materials are stored. The lease
agreement shall clearly state the term of the lease, the description of materials allowed to be stored
allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to
and shall provide for the removal of the materials and restoration of the storage site within the time
the materials stored and to preparation of the storage site and the location of the site on which the
materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's
responsibility. Conformance to the requirements of this section, both within and outside the limits of
work are a part of the Work. The Engineer shall have the right to verify the suitability of materials
and their proper storage at any time during the Work.
'3 Revised 9/11/00 Contract No. 3802-2 Page 54
SECTION 5 -- UTILITIES
5-1 LOCATION.
Delete the first paragraph and substitute the following: The Agency and affected utility companies
have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities
which exist within the limits of the work. However, the accuracy and/or completeness of the nature,
size and/or location of utilities indicated on the Plans is not guaranteed.
54 RELOCATION.
Add the following: In conformance with section 5-6 the Contractor shall coordinate the work with
utility agencies and companies. Prior to the installation of any and all utility structures within the limits
of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb
shown on the plans and are noted as being located, relocated dr are otherwise shown as installed by
and gutter that is a part of the work and adjacent to the location where such utility structures are
others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate
utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be
permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is
approved by the Engineer the Contractor shall place survey or other physical control markers
sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company.
Such temporary omission shall be for the Contractor's convenience and no additional compensation
will be allowed therefor or for additional work, materials or delay associated with the temporary
omission. The portion thus omitted shall be constructed by the Contractor immediately following the
relocation of the utility involved unless otherwise directed by the Engineer.
SECTION 6 -- PROSECUTION, PROGRESS AND
ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.
otherwise prohibited by permits from other agencies as may be required by law the Contractor shall Delete section 6-1 and substitute the following: Except as otherwise provided herein and unless
begin work within 14 calendar days after receipt of the "Notice to Proceed".
Add the following section:
6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will
set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the
project is mandatory for the meeting to be convened. Failure of the Contractor to have the
Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for
default by Contractor per section 6-4. No separate payment will be made for the Contractor's
attendance at the meeting. The notice to proceed will only be issued on or after the completion of
the preconstruction meeting.
Add the following section:
6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline
Construction Schedule per the submittal requirements of section 2-5.3. The submittal of the Baseline
Construction Schedule shall include each item and element of sections 6-1.2 through 6-1.2.9 and
shall be on hard (paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media.
e Revised 9/11/00 Contract No. 3802-2 Page 55
Add the following section:
6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall
prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the
precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall
depict a workable plan showing the sequence, duration, and interdependence of all activities
required to represent the complete performance of all project work as well as periods where work is
precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of
the notice to proceed and conclude with the date of final completion per the contract duration. The
Baseline Construction Schedule shall include detail of all project phasing, staging, and sequencing,
including all milestones necessary to define beginning and ending of each phase or stage.
Add the following section:
6-1.2.1 Time-Scaled Network Diagram. As a part of the Baseline Construction Schedule the
Contractor shall prepare and submit to the Engineer a complete time-scaled network diagram
showing all of the activities, logic relationships, and milestones comprising the schedule.
Add the following section:
6-1.2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall
prepare and submit to the Engineer a tabular listing of all of the activities, showing for each activity
the identification number, the description, the duration, the early start, the early finish, the late start,
the late finish, the total float, and all predecessor and successor activities for the activity described.
Add the following section:
6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare
and submit to the Engineer a chart showing individual tasks and their durations arranged with the
tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path.
Add the following section:
the Windows 95 compatible "Suretrak program by Primavera or "Project" program by Microsoft
6-1.2.4 Schedule Software. The Contractor shall use commercially available software equal to
shall submit to the Agency a 89 mm (3.5") data disk with all network information contained thereon, in
Corporation to prepare the Baseline Construction Schedule and all updates thereto. The Contractor
a format readable by a Microsoft Windows 95 system. The Agency will use a "Suretrak, "Project" or
equal software program for review of the Contractor's schedule. Should the Contractor elect to use a
scheduling program other than the "Suretrak program by Primavera or "Project" program by
Microsoft Corporation the Contractor shall provide the Engineer three copies of the substituted
program that are fully licensed to the Agency and 32 class hours of on-site training by the program
publisher for up to eight Agency staff members. The classes shall be presented on Mondays through
Thursdays, inclusive, between the hours of 8:OO a.m. and 500 p.m. The on-site training shall be
held at 1635 Faraday Avenue, Carlsbad, California. The dates and times of the on-site training shall
The on-site training shall be completed prior to the submittal of the first Baseline Construction
be submitted to the Engineer for approval five working days before the start of the on-site training.
Schedule.
Add the following section:
6-1.2.5 Schedule Activities. Except for submittal activities, activity durations shall not be shorter
than 1 working day nor longer than 15 working days, unless specifically and individually allowed by
the Engineer. The Baseline Construction Schedule shall include between 100 and 500 activities,
including submittals, interfaces between utility companies and other agencies, project milestones and
equipment and material deliveries. The number of activities will be sufficient, in the judgment of the
Engineer, to communicate the Contractor's plan for project execution, to accurately describe the
m ks Revised 9/11/00 Contract No. 3802-2 Page 56
project work, and to allow monitoring and evaluation of progress and of time impacts. Each activity’s
description shall accurately define the work planned for the activity and each activity shall have
recognizable beginning and end points.
Add the following section:
6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensation
to whatever party or contingency first exhausts it.
Add the following section:
6-1.2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency
supplied materials, equipment, or services, which may impact any activity’s construction shall be
shown as a restraint to those activities. Time periods to accommodate the review and correction of
submittals shall be included in the schedule.
Add the following section:
6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer
than the specified contract duration will not be acceptable and will be grounds for determination of
default by Contractor, per section 6-4.
Add the following section:
6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor’s plan to
support and maintain the project for the entire contractual time span of the project. Should the
Contractor propose a project duration shorter than contract duration, a complete Baseline
with all schedule requirements of section 6-1. The Engineer may choose to accept the Contractor’s
Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance
shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the
and private, which interface with the project are able to support the provisions of the shortened
Baseline Construction Schedule. The Agency’s acceptance of a shortened duration project will be
confirmed through the execution of a contract change order revising the project duration and
implementing all contractual requirements including liquidated damages in accordance with the
revised duration.
Add the following section:
The Engineer’s determination that the Baseline Construction Schedule proposed by the Contractor
6-1.2.10 Engineer’s Review. The Construction Schedule is subject to the review of the Engineer.
complies with the requirements of these supplemental provisions shall be a condition precedent to
issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction
Schedule does not meet the requirements of these specifications the Contractor shall correct the
Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the
Contractor to obtain the Engineer’s determination that the initial Construction Schedule proposed by
the Contractor complies with the requirements of these supplemental provisions within thirty (30)
working days after the date of the preconstruction meeting shall be grounds for termination of the
contract per section 6-4. Days used by the Engineer to review the initial Construction Schedule will
not be included in the 30 working days.
The Engineer will review and return to the Contractor, with any comments, the Baseline Construction
Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned
marked as per sections 6-1.2.10.1 through 6-1.2.10.3.
Add the following section:
6-1.2.10.1 “Accepted.” The Contractor may proceed with the project work upon issuance of the
Notice to Proceed, and will receive payment for the schedule in accordance with section 6-1.8.1.
’3 Revised 9/11/00 Contract No. 3802-2 Page 57
Add the following section:
6-1.2.10.2 “Accepted with Comments.” The Contractor may proceed with the project work upon
issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the
comments prior to receipt of payment pes section 6-1.8.1.
Add the following section:
6-1.2.10.3 “Not Accepted.” The Contractor must resubmit the schedule incorporating the
corrections and changes of the comments prior to receipt of payment per section 6-1 .%I. The Notice
to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as
required hereinbefore and marked ”Accepted” or ”Accepted with Comments” by the Engineer. The
Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract
under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments
are not submitted as required hereinbefore and marked ”Accepted by the Engineer.
Add the following section:
6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the
Engineer during the last week of each month to agree upon each activity’s schedule status and shall
submit monthly updates of the Baseline Construction Schedule confirming the agreements no later
than the fifth working day of the following month. The monthly update will be submitted on hard
(paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media per the submittal
requirements of section 2-5.3 and will include each item and element of sections 6-1.2 through 6-
1.2.9 and 6-1.3.1 through 6-1.3.7.
Add the following section:
the month. After first reporting an actual date, the Contractor shall not change that actual date in
6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed during
later updates without specific notification to the Engineer with the update.
Add the following section:
6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month, the
Contractor shall report the percentage determined by the Engineer as complete for the activity.
Add the following section:
6-1.3.3 Electronic Media. The schedule data disk shall be a 89 mm (3’/;) high density diskette,
labelled with the project name and number, the Contractor’s name and the date of preparation of the
schedule data disk. The schedule data disk shall be readable by the software specified in section 6-
1.2.4 “Schedule Software” and shall be free of file locking, encryption or any other protocol that
would impede full access of all data stored on it.
Add the following section:
6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting logic,
with an explanation for each change.
Add the following section:
6-1.3.5 Change Orders, Each monthly update will include the addition of the network revisions
reflecting the change orders approved in the previous month. The network revisions will be as
agreed upon during the review and acceptance of the Contractor’s change orders.
Add the following section:
6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and their
durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar
chart shall use differing texture patterns or distinctive line types to show the critical path,
e Revised 9/11/00 Contract No. 3802-2 Page 58
Add the following section:
6-1. 4 Engineer’s Review of Updated Construction Schedule. The Engineer will review and
return the Updated Construction Schedule to the Contractor, with any comments, within 5 working days of submittal. The Updated Construction Schedule will be returned marked as per sections 6-
1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked “Accepted with Comments” or
“Not Accepted” by the Engineer will be returned to the Contractor for correction. Upon resubmittal the
Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor,
with any comments, within 5 working days. Failure of the Contractor to submit a monthly updated
construction schedule will invoke the same consequences as the Engineer returning a monthly
updated construction schedule marked “Not Accepted”.
Add the following section:
6-1.4.1 “Accepted.” The Contractor may proceed with the project work, and will receive payment
for the schedule in accordance with section 6-1.8.2.
Add the following section:
6-1.4.2 “Accepted with Comments.” The Contractor may proceed with the project work. The
Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the
corrections and changes noted in the Engineer’s comments prior to receipt of payment per section
6-1 B.2.
Add the following section:
6-1.4.3 “Not Accepted.” The Contractor must resubmit the Updated Construction Schedule to the
Engineer incorporating the corrections and changes noted in the Engineer’s comments prior to
receipt of payment per section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be
considered as having defaulted the contract under the provisions of section 64 DEFAULT BY
CONTRACTOR if the changes of the comments are not submitted and marked “Accepted” by the
Engineer before the last day of the month in which the Updated Construction Schedule is due. If the
Contractor fails to submit the corrected Updated Construction Schedule as required herein the
Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to
proceed with the project, any resulting delay, impact, or disruption to the project will be the
Contractor’s responsibility.
Add the following section:
6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion
or contractually required milestone date later than the properly adjusted contract or milestone
duration, the Agency may withhold Liquidated Damages for the number of days late. Should a
subsequent “Accepted Schedule Update remove all or a portion of the delay, all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly payment to the
Contractor immediately following the “Accepted” schedule.
Add the following section:
substantially different from that depicted in the Project Schedule, independently of and prior to the
6-1.6 Interim Revisions. Should the actual or projected progress of the work become
next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list
and explanation of each change made to the schedule. The Revised Construction Schedule will be
submitted per the submittal requirements of section 2-5.3 and per the schedule review and
acceptance requirements of section 6-1, including but not limited to the acceptance and payment
provisions. As used in this subsection “substantially different“ means a time variance greater than 5
percent of the number of days of duration for the project.
Add the following section:
e Revised 9/11/00 Contract No. 3802-2 Page 59
6-1. 7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update
when one hundred percent of the construction work is completed. The Contractor’s Final Schedule
Update must accurately represent the actual dates for all activities. The final schedule update shall
be prepared and reviewed per sections 6-1.3 Preparation of Schedule Updates and Revisions and
6-1. 4 Engineer’s Review of Updated Construction Schedule. Acceptance of the final schedule
update is required for completion of the project and release of any and all funds retained per section
9-3.2.
Add the following section:
6-1.1 Measurement And Payment Of Construction Schedule. The Contractor’s preparation,
revision and maintenance of the Construction Schedule are incidental to the work and no separate
payment will be made therefor.
6-2 PROSECUTION OF WORK.
6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and
materials, and performing all operations necessary to complete the Project Work as shown on the
Project Plans and as specified in the Specifications. The work includes the demolition of buildings
existing playground and striping the playground and installing new playground equipment.
and appurtenant structures, removal of concrete and asphalt concrete surfacing, slurry sealing an
Add the following section:
6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project
Meetings. Each Project Meeting shall be attended by the Contractor’s Representative. The Project
Representative shall be the individual determined under section 7-6, “The Contractor’s
Representative”, SSPWC. No separate payment for attendance of the Contractor, the Contractor’s Representative or any other employee or subcontractor or subcontractor’s employee at these
meetings will be made.
6-6 DELAYS AND EXTENSIONS OF TIME.
to the Engineer within two hours of the beginning of any period that the Contractor has placed any 6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written notice
workers or equipment on standby for any reason that the Contractor has determined to be caused by
the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor
shall provide continuing daily written notice to the Engineer, each working day, throughout the
duration of such period of delay. The initial and continuing written notices shall include the
classification of each workman and supervisor and the make and model of each piece of equipment
placed on standby, the cumulative duration of the standby, the Contractor’s opinion of the cause of
the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable
means. Should the Contractor fail to provide the notice(s) required by this section the Contractor
agrees that no delay has occurred and that it will not submit any claim(s) therefor,
6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work
to completion withinn working days after the starting date specified in the Notice to Proceed.
6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Engineer, the
hours of work shall be between the hours of 8:OO a.m. and 4:OO p.m. on Mondays through Fridays,
excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the
Contractor desires to work outside said hours or at any time during weekends andlor holidays. This
written permission must be obtained at least 48 hours prior to such work The Engineer may approve
work outside the hours andlor days stated herein when, in hislher sole opinion, such work conducted
by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the
Revised 9/11/00 Contract No. 3802-2 Page 60
inspection costs of such work.
6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following:
The Engineer will not accept the Work or any portion of the Work before all of the Work is
completed and all outstanding deficiencies that may exist are corrected by the Contractor and the
Engineer is satisfied that all the materials and workmanship, and all other features of the Work,
meet the requirements of all of the specifications for the Work. Use, temporary, interim or
permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the
Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will
so certify to the Board. Upon such certification by the Engineer the Board may accept the
completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of
Completion" to be filed in the office of the San Diego County Recorder. The date of recordation
shall be the date of completion of the Work.
Delete the first sentence of the third paragraph and substitute the following two sentences: All
work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any
faulty work or materials discovered during the warranty period shall be repaired or replaced by the
Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as
a warranty bond for the one year warranty period.
6-9 LIQUIDATED DAMAGES.
Modify the last sentence of the first paragraph and the first sentence of the second paragraph and
add the following: For each consecutive calendar day in excess of the time specified for completion
of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld
monies due it, the sum of Five Hundred Dollars ($500)
Execution of the Contract shall constitute agreement by the Agency and Contractor that Five
Hundred Dollars per day is the minimum value of costs and actual damages caused by the
Contractor to complete the Work within the allotted time. Any progress payments made after the
specified completion date shall not constitute a waiver of this paragraph or of any damages.
SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR
7-3 LIABILITY INSURANCE.
Modify as follows: All insurance is to be placed with insurers that have a rating in Best's Key Rating
Guide of at least A-:V and are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California.
7-4 WORKERS COMPENSATION INSURANCE.
Add the following: All insurance is to be placed with insurers that are admitted and authorized to
conduct business in the state of California and are listed in the official publication of the Department
of Insurance of the State of California. Policies issued by the State Compensation Fund meet the
requirement for workers' compensation insurance.
7-5 PERMITS.
Delete the first sentence and add the following four sentences: Except as specified herein the
Revised 9/11/00 Contract No. 3802-2 Page 61
agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, resource
agency and building permits necessary to perform work for this contract on Agency property, in
streets, highways (except State highway right-of-way), railways or other rights-of-way. Contractor
shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said
permit(s) shall be included in the price bid for the appropriate bid item and no additional
compensation will be allowed therefor.
7-7 COOPERATION AND COLLATERAL WORK.
Add the following section:
7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies
during the relocation or construction of their lines. The Contractor may be granted a time extension
if, in the opinion of the Engineer, a delay is caused by the utility company. No additional
compensation will be made to the Contractor for any such delay.
7-8 PROJECT SITE MAINTENANCE.
7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein
shall also be executed on weekends and other non-working days when needed to preserve the
health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust
control throughout the duration of the Contract. The Engineer may require increased levels of
cleanup and dust control that, in hislher sole discretion, are necessary to preserve the health, safety
work that they are associated with and no additional payment will be made therefor.
and welfare of the public. Cleanup and dust control shall be considered incidental to the items of
7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a
construction meter for water used for the construction, plant establishment, maintenance, cleanup,
testing and all other work requiring water related to this contract. The Contractor shall contact the
appropriate water agency for requirements. The Contractor shall pay all costs of temporary light,
power and water including hookup, service, meter and any, and all, other charges, deposits andlor
fees therefor. Said costs shall be considered incidental to the items of work that they are associated
with and no additional payment will be made therefor.
7-8.6 Water Pollution Control. ..Add the following The Contractor shall comply with all
requirements of the storm water pollution and monitoring plan prepared for this project in accordance
with the California State Water Resources Control Board order number 92-08-DWQ NPDES
General Permit number CAS000002 and the ‘Water Discharge Requirement for Discharges of Storm
Water Runoff Associated with Construction Activity”
Add the following section:
7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped
with mufflers in good repair when in use on the project with special attention to the City Noise Control
Ordinance, Carlsbad Municipal Code Chapter 8.48.
7-10 PUBLIC CONVENIENCE AND SAFETY.
7-10.1 Traffic and Access. add the following: The Contractor shall schedule the work so as to
schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by
prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not
calling the City’s contracted waste disposal company, Coast Waste Management at 929-9417.
Seventy two hours prior to the start of any construction in the public right-of-way that affects vehicular
a Revised 9/11/00 Contract No. 3802-2 Page 62
traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the
impending disruption., For a full street closure, all residences and/or businesses on the affected
street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs,
the residences and/or businesses directly affected by the work shall be notified.
The notification shall be hand delivered and shall state the date and time the work will begin and its
anticipated duration. The notification shall list two telephone numbers that may be called to obtain
additional information. One number shall be the Contractor's permanent office or field office and the
other number shall be a 24 hour number answered by someone who is knowledgeable about the
project. At least one of the phone numbers shall be in the (760) area code. An answering machine
shall not be connected to either number. The notification shall also give a brief description of the
work and simple instructions to the home or business owner on what they need to do to facilitate the
construction. The Contractor shall submit the contents of the notification to the Engineer for
approval. Notices shall not be distributed until approved by the Engineer.
For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a
doorknob without adhesives. It shall be.a minimum size of 3-112 inches by 8-112 inches and shall be
brightly colored with contrasting printing. The material shall be equivalent in strength and durability to
65 Ib. card stock. The printing on the notice shall be no smaller than 12 point.
In addition to the notifications, the contractor shall post no parking signs 48 hours in advance of the
work being performed. The no parking signs shall state the date and time of parking restriction for a
duration not to exceed the time necessary to complete the work at that location. Failure of the
the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed
contractor to meet the posted date requires re-posting the no parking signs 48 hours in advance of
and re-posted 48 hours in advance of the rescheduled work.
The preparation, materials, printing and distribution of the notifications shall be included in the
contract price bid for traffic control and the Contractor will not be entitled to any additional
compensation for printing and distributing these notices.
7-10.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in
accordance with the plans, Chapter 5 of the California Department of Transportation "Manual of
Traffic Controls," 1996 edition and these Supplemental Provisions. If any component in the traffic
during the progress of the work, the Contractor shall immediately repair said component to its original
control system is damaged, displaced, or ceases to operate or function as specified, from any cause,
condition or replace said component and shall restore the component to its original location. In the
event that the Contractor fails to install and/or maintain barricades or such other traffic signs,
markings, delineation or devices as may be required herein, the Engineer may, at hislher sole option,
install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars
($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility,
whichever is the greater.
Add the following section:
7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control
devices shall be maintained throughout the duration of work in good order and according to the
approved traffic control plan. All construction area signs shall conform to the provisions of section
206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of section
214-5.l.et seq. All temporary reflective channelizers shall conform to the provisions of section 214-
5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform
to the provisions of section 210-1.6 et seq. except that all temporary paint shall be rapid dry water
borne conforming to section 210-1.6for materials and section 310-5 et seq. For workmanship.
@ Revised 9/11/00 Contract No. 3802-2 Page 63
Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction
and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory
signs, lights and devices shall be promptly removed by the Contractor when no longer required.
Warning and advisory signs that remain in place overnight shall be stationary mounted signs.
Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the travelling public during
such periods that their message does not pertain to existing conditions. Care shall be used in
performing excavation for signs in order to protect underground facilities. All excavation required to
install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be
portable signs. Portable signs shall be removed from the traveled way and shielded from the view of
the travelling public during non-working hours. During the hours of darkness, as defined in Division
1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of
the Contractor, shall be in conformance with the provisions in section 206-7.2 et seq. If illuminated
traffic cones rather than post-type delineators are used during the hours of darkness, they shall be
affixed or covered with reflective cone sleeves as specified in CALTRANS “Standard Specifications”,
except the sleeves shall be 180 mm (7”) long. Personal vehicles of the Contractor’s employees shall
not be parked within the traveled way, including any section closed to public traffic. Whenever the
Contractor’s vehicles or equipment are parked on the shoulder within 1.8 m (6’) of a traffic lane, the
shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper
in advance of the parked vehicles or equipment and along the edge of the pavement at not less than
7.6 m (25’) intervals to a point not less than 7.6 m (25’) past the last vehicle or piece of equipment. A
minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work
Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a sign post or
telescoping flag tree with flags. The sign post or flag tree shall be placed where directed by the
Engineer.
Add the following section:
7-10.3.2 Maintaining Traffic. The Contractor’s personnel shall not work closer than 6’, nor
operate equipment 2’ from any traffic lane occupied by traffic. For equipment the 2’ shall be
measured from the closest approach of any part of the equipment as it is operated and/or
maneuvered in performing the work. This requirement may be waived when the Engineer has given
written authorization to the reduction in clearance that is specific to the time, duration and location of
such waiver, when such reduction is shown on the traffic control plans included in these contract
documents, when such reduction is shown on the traffic control plans prepared by the Contractor and
approved by the Engineer or for the work of installing, maintaining and removing traffic control
devices. As a condition of such waiver the Engineer may require the Contractor to detour traffic,
adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic ‘lane or provide
barriers.
Add the following section:
7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing
traffic lanes or pedestrian walkways in accordance with the details shown on the plans, CALTRANS
“Manual of Traffic Control”, 1996 edition and provisions under “Maintaining Traffic” elsewhere in
these Supplemental Provisions. The provisions in this section will not relieve the Contractor from its
responsibility to provide such additional devices or take such measures as may be necessary to
maintain public safety.
When lanes are closed for only the duration of work periods, all components of the traffic control
Revised 9/71/00 Contract No. 3802-2 Page 64
system, except portable delineators placed along open trenches or excavation adjacent to the
traveled way, shall be removed from the traveled way and shoulder at the end work period. If the
Contractor so elects, said components may be stored at selected central locations, approved by the
Engineer, within the limits of the right-of-way.
Add the following section:
7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe
operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System
for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan
proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic
striping operations using an alternative plan until the Contractor has submitted its plan to the
Engineer and has received the Engineer's written approval of said plan.
Add the following section:
7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished,
placed, maintained and removed in accordance with the minimum standards specified in Chapter 5
of the "Traffic Manual", 1996 (CONFIRM EDITION DATE) edition published by CALTRANS.
Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement
delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline
pavement delineation shall be provided at all times for traveled ways open to public traffic. All work
delineation shall be performed by the Contractor. When temporary pavement delineation is
necessary, including any required lines or marks, to establish the alignment of temporary pavement
removed, all lines and marks used to establish the alignment of the temporary pavement delineation
shall be removed by grinding.
Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material.
Temporary pavement delineation shall not be applied over existing pavement delineation or other
temporary pavement delineation. Temporary pavement delineation shall be maintained until
superseded or replaced with permanent pavement delineation.
Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new
traffic pattern for the area and is no longer required for the direction of public traffic. When temporary
pavement delineation is required to be removed, all lines and marks used to establish the alignment
of the temporary pavement delineation shall be removed.
Add the following section:
7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan
Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the
shall have such new or modified TCP prepared and submitted as a part of the Work for any and all project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor
construction activities that are located within the travelled way. The Contractor shall have TCP
prepared and submitted as a part of the Work for any construction activities that are a part of this
project that are not included in the project plans. The Contractor must submit the TCP for the
Engineer's review in conformance with the requirements of section 2-5.3, et seq. and obtain the
Engineer's approval of the TCP prior to implementing them. The minimum 20 day review period
specified in section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP,
all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in
new, modified or added to, for the Engineer's review. New or revised TCP submittals shall include
sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of
features affecting the traffic control plan and the methodology proposed to transition to the
subsequent TCP phase. When the vertical alignment of the travelled surface differs from the finished pavement elevation vertical curves must also be shown. Such modifications, supplements
b Revised 9/11/00 Contract No. 3802-2 Page 65 @%
and/or new design of TCP shall meet the requirements of the Engineer and of the "MANUAL OF
TRAFFIC CONTROLS", 1996 Edition as published by the State of California Department of
Transportation. Such modification, addition, supplement, andlor new design of TCP shall be
The Engineer shall be the sole judge of the suitability and quality of any such modifications, prepared by a registered professional engineer appropriately registered in the State of California.
supplements, andlor new designs to TCP. The Engineer may approve any such modifications,
supplements, and/or new designs to the TCP when, in the Engineer's sole opinion, such
modifications, supplements, and/or new designs to the TCP prepared by the registered professional
engineer retained by the Contractor will be beneficial to the best interests of the Agency. Such
commenced that is contingent on such approval until the changed TCP are approved by the modification, addition, supplement, and/or new design shall not be implemented and no work shall be
shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review
Engineer. The preparation of such modification, addition, supplement, and/or new designs of TCP
requirements for such modifications, supplements, and/or new designs to TCP shall conform to the
requirements of section 2-5.3 Shop Drawings and Submittals.
Add the following section:
7-10.3.7 Payment
The Contractor shall prepare and implement traffic control plans and shall furnish all labor and
materials to perform, install, maintain, replace and remove all traffic control as incidentals to the work
with which they are associated and no other compensation will be allowed therefor.
Add the following section:
7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary
precautions for the safety of employees on the work and shall comply with all applicable provisions of
on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect
Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons
and properly maintain at all times, as required by the conditions and progress of the work, all
necessary safeguards for the protection of workers and public, and shall use danger signs warning
against hazards created by such features of construction as protruding nails, hoists, well holes, and
falling materials.
7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work
include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible
would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions
materials, such as borrow pits or gravel beds, for use in the proposed construction project which
the contract.
established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of
SECTION 9 -- MEASUREMENT and PAYMENT
9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK
the U.S. Standard Measures.
9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall be
9-3 PAYMENT.
9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall
Completion"
not be affected by any payment but shall commence on the date of recordation of the "Notice of
e r,8 Revised 911 1/00 Contract No. 3802-2 Page 66
9-32 Partial and Final Payment. Delete the second paragraph and substitute the following:
Each month, the Engineer will make an approximate measurement of the work performed to the
closure date as basis for making monthly progress payments. The estimated value will be based on
contract unit prices, completed change order work and as provided for in Section 9-2 of the
Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30)
calendar days after the closure date. Five (5) working days following the closure date, the Engineer
shall complete the detailed progress pay estimate and submit it to the Contractor for the
Contractor's information. Should the Contractor assert that additional payment is due, the
Contractor shall within ten (IO) days of receipt of the progress estimate, submit a supplemental
payment request to the Engineer with adequate justification supporting the amount of supplemental
payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon
as practicable after receipt, determine whether the supplemental payment request is a proper
then the request shall be returned to the Contractor as soon as practicable, but not later than seven payment request. If the Engineer determines that the supplemental payment request is not proper,
(7) days after receipt. The returned request shall be accompanied by a document setting forth in
writing the reasons why the supplemental payment request was not proper. In conformance with
Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after
receipt of an undisputed and properly submitted supplemental payment request from the Contractor.
If payment of the undisputed supplemental payment request is not made within thirty (30) days after
receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate
set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure.
Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment
total amount owed the Contractor as determined by the Engineer and shall be itemized by the
Estimate and process a corresponding payment. This estimate will be in writing and shall be for the
contract bid item and change order item with quantities and payment amounts and shall show all
the contract. All prior estimates and progress payments shall be subject to correction in the Final
deductions made or to be made for prior payments and amounts to be deducted under provisions of
Payment Estimate.
The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make
written statement disputing any bid item or change order item quantity or payment amount. The
Contractor shall provide all documentation at the time of submitting the statement supporting its
position. Should the Contractor fail to submit the statement and supporting documentation within the
time specified, the Contractor acknowledges that full and final payment has been made for all
contract bid items and change order items.
If the Contractor submits a written statement with documentation in the aforementioned time, the
adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the
Engineer will review the disputed item within 30 calendar days and make any appropriate
Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work.
The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to
ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the
Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time
such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient
cause for denying payment for the disputed items.
9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in
the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted
in a written statement by the Contractor no later than the date of receipt of the final payment
estimate. Those final payment items disputed in the written statement required in subsection 9-3.2
Revised 9/11/00 Contract No. 3802-2 Page 67
shall be submitted no later than 30 days after receipt of the Final Payment estimate. NO claim will be
considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including sections 3-4
Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written
Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with
notice or protest requirements.
The claims tiled by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the
basis and amount of said claims. The Engineer will consider and determine the Contractor's claims
and it will be the responsibility of the Contractor to furnish within a reasonable time such further
information and details as may be required by the Engineer to determine the facts or contentions
involved in its claims. Failure to submit such information and details will be sufficient cause for
denying the claims.
Payment for claims shall be processed within 30 calendar days of their resolution for those claims
approved by the Engineer. The Contractor shall proceed with informal dispute resolution under
subsection 3-5, Disputed Work, for those claims remaining in dispute.
Add the following section:
9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated
into the will not be included in the progress estimate.
Add the following section:
9-3.4.1 Mobilization and Preparatory Work. The Contract lump-sum price paid for mobilization
shall be stipulated at Twentyfive Thousand dollars ($25,000.00), and includes full compensation for
furnishing all insurance, bonds, licenses, labor, materials, utilities, tools, equipment and incidentals,
and for doing all the work involved in mobilization and preparatory work and operations, including,
but not limited to, those necessary for the movement of personnel, equipment, supplies, and
incidental to preparing to conduct work on and off the project site and other offsite facilities necessary
for work on the project: for all other facilities, sureties, work and operations which must be performed
those specifically paid for under separate sections of these specifications. The Contractor hereby
or costs incurred prior to beginning work on various contract items on or off the project site, excepting
described in this section, and that the Contractor shall have no right to additional compensation for
agrees that the stipulated lump sum amount is sufficient for Mobilization and Preparatory Work, as
Mobilization and Preparatory Work.
Progress payments for Mobilization and Preparatory Work will be made as follows:
the amount bid for Mobilization And Preparatory Work will be allowed. For the second progress
For the first progress payment (after the issuance of the Notice to Proceed), forty percent (40%) of
payment, an additional sixty percent (60%) of the amount bid for mobilization and preparatory work
will be allowed therefor.
iE"s Revised 9/11/00 Contract No. 3802-2 Page 68
SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 2, CONSTRUCTION MATERIALS
SECTION 200 - ROCK MATERIALS
200-1 ROCK PRODUCTS
Add the following section:
200-1.2.2 Permeable Material. Permeable material shall consist of hard, durable, clean sand,
gravel, or crushed stone, and shall be free from organic material, clay balls, or other deleterious
substances. Class 1 and Class 2 permeable material shall have a Durability Index of not less than
40. Class 2 Permeable material shall have a Sand Equivalent value of not less than 75. Class 1
permeable material shall conform to the requirements in this section and Table 200-1.2.2(A). Class 2
permeable material shall conform to the requirements in this section and Table 200-1 .2.2(B). When permeable material is required and the class or kind is not specified, Class 1 permeable material
shall be used. The alternative gradings within Class 1 permeable material are identified by types.
Unless otherwise shown on the plans the Contractor will be permitted to furnish and place any one of
the types provided for this class. The percentage composition by mass of permeable material in
place shall conform to the gradings in Tables 200-1.2.2(A) and 200-1.2.2(B).
CLASS 1 PERMEABLE MATERIAL
TABLE 200-1.2.2(A)
Percentage Passing
Sieve Sizes
0-3 0-3 75-pm (no. 200)
0-5 0-1 0 2.36-mm (No. 8)
0-25 0-55 4.75-mm (No. 4)
15-55 70-1 00 9.5-mm ('/g(l)
95-1 00 12.5-mm (l/2(1)
50-1 00 100 I 9-mm id/;) 95-100 I 37.5-mm (1 '/;)
100 - 50-mm (2")
Type 0 Type A
"_
TABLE 200-1.2.2(B)
CLASS 2 PERMEABLE MATERIAL
Sieve Sizes
18-33 2.36-mm (No. 8)
25-40 4.75-mm (No. 4)
40-1 00 9.5-mm ("/8")
90-1 00 19-mm (3/41.)
100 25-mm (1")
Percentage Passing
600-pm (No. 30)
300-pm (No. 50)
75-pm (no. 200)
5-1 5
0-7
0-3
a Revised 9/11/00 Contract No. 3802-2 Page 69
200-2 UNTREATED BASE MATERIALS
200-2.1 General. Add the following: Aggregate base shall be crushed aggregate base (Section
200-2.2), crushed slag base (Section 200-2.3), or crushed miscellaneous base (Section 200-2.4).
SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS
201-1 PORTLAND CEMENT CONCRETE
TABLE 201-1.1.2(A) Modify as follows:
TABLE 201-1.1.2(A) (3)
PORTLAND CEMENT CONCRETE
Type of Construction Maximum Concrete
Class Slump mm (Inches)
All Concrete Used Within the Right-of-way
Trench Backfill Slurry
(2) 330-C-23
100 (4") 330-C-23 Street Lioht Foundations and Survev Monuments
200 (8) 1 15-E-3
(560-C-3250) ('I
(1 90-E-400)
I (560-C-3250) .,
Traffic Signal Foundations
per Table 300-1 1.3.1 3 1 0-C-17 Concreted-Rock Erosion Protection
100 (4") 350-C-27
(590-C-3750)
I (520-C-25OOP) I .
be as per Table 201-1.1.2(A) SSPWC. (1) Except that concrete required to be of higher strength by Table 201-1.1.2(A) SSPWC shall
(2) As per Table 201-1.1.2(A) SSPWC.
(3) Portions of Table 201-1.1.2(A) of the Standard Specifications for Public Works Construction
not shown herein as changed are not affected by this table.
201-1.2.4 Chemical Admixtures. (e) Air-entraining Admixtures. Substitute the following: The
air content shall not deviate from the percentage specified or permitted by more than 1-1/2
percentage points. The air content of freshly mixed concrete will be determined by California Test
Method No. 504.
SECTION 203 -BITUMINOUS MATERIALS
203-5 EMULSION-AGGREGATE SLURRY
2036.2 Materials. Add the following: Aggregate for Emulsion-Aggregate Slurry shall be Type I.
203-6 ASPHALT CONCRETE.
203-6.2 Materials. Add the following: Asphalt concrete shall be class C2-AR 4000 for surface
course, and B-AR 4000 for base course.
203-6.6.1, Batch Plant Method, modify as follows: Third paragraph, last sentence, delete "and
from the Engineer's field laboratory". Last paragraph, add after D 2172: "method A or 8."
2036.7 Asphalt Concrete Storage. add the following: Open graded asphalt concrete stored in
excess of 2 hours, and any other asphalt concrete stored in excess of 18 hours, shall not be used in
Revised 911 1/00 Contract No. 3802-2 Page 70
the work.
Add the following section:
203-13 ASPHALT PAVEMENT CRACK SEALANTS
203-13.1 Hot-Melt Rubberized Asphalt Sealant. Hot-melt rubberized asphalt shall be in solid
form at room temperature and fluid at an application temperature of 190°C (375°F) to 205°C
(400°F). Fumes from the material shall be non-toxic. Sealant shall be suitable for use in both
asphalt concrete and portland cement concrete. Performance characteristics of the cured hot-
melt rubberized asphalt shall be as per Table 203-13.1(A).
TABLE 203-13.1(A)
CURED HOT-MELT RUBBERIZED ASPHALT
Property 'I Measuring Standard (ASTM I Results I Conditions
Designation)
Cone Penetration
Resilience
ASTM D 3407, Sec. 6 Flow, 60°C
25"C, 150 g, 5 s 3.5 mm, max. ASTM D 3407, Sec. 5
5 mm, max.
Softening Point, ASTM D 36 82 "C, rnin.
Ductility, ASTM D 113 300 mm, min.
Flash Point, COC, "C ASTM D 92
25T, 50 mmlmin
Viscosity, Brookfield ASTM D 4402 2.5-3.5 Pa. s No. 27 Spindle, 20
,ASTM D 3407, Sec. 8 25°C 25%, min.
288 "C, min.
Thermosel, I I I rpm, I~O~C,
SECTION 212 - LANDSCAPE AND IRRIGATION MATERIALS
212-1 LANDSCAPE MATERIALS.
Add subsection 212-1.2.6 Herbicide Application
Prior to crack filling and sealing all cracks that contain weeds or plant growth of any kind shall be
treated with herbicides. Herbicides shall be used in their appropriate applications with strict
adherence to manufacturer's specifications and instructions. Herbicide for all areas shall be
Roundup, Diquat, Montar. or approved equal.
Revised 9/11/00 Contract No. 3802-2 Page 71
SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 3, CONSTRUCTION METHODS
SECTION 302 - ROADWAY SURFACING
3024 EMULSION-AGGREGATE SLURRY
Add the following section:
302-4.3.4 Surface Preparation. As part of surface preparation prior to application of emulsion-
slurry seal the Contractor shall:
1. Treat the area to receive emulsion-slurry seal with a post emergent herbicide. Herbicide
two day period shall be shown in the schedule required per section 6-1.
shall be applied at least 2 (two) working days prior to sealing of street. Allowance for the
2. Remediate cracks by crack cleaning and sealing of all cracks designated by the Engineer.
3. All existing pavement striping and markings on areas to be slurry sealed shall be removed
by grinding by the Contractor. The rugosites from the grinding shall not be visible after
sealing operations.
302-11 ASPHALT CONCRETE PAVEMENT CRACK FILLING AND SEALING
302-1 1.1 Crack Filling and Sealing
302-11.1.1 Surface Preparation Cracks designated to be sealed as set forth in section 302-1 1.1.3,
Measurement and Payment, shall be washed clean, blown out and thoroughly dried before installing
sealant material. All water from surface preparation shall be vacuumed from the pavement
immediately after the water jetting and shall not be allowed to flow in the gutter, enter the storm drain
system or to leave the pavement surface. Elastic sealant material shall be as set forth in section
way in accordance with Section 7-8.1, "Cleanup and Dust Control."
203-13. Debris resulting from surface preparation shall be disposed of outside the highway right of
302-11.1.2 Application. Sealant material shall be placed in d& conditions only, Sealant shall be
applied when the pavement surface temperature is greater than 4°C (40°F).
The level of the sealant shall be flush with the surface of the existing pavement. All excess sealant
shall be removed from the crack with a minimum overlap onto adjacent pavement.
302-1 1.1.3 Measurement and Payment. The linear footage set forth in the bid item for crack tilling
and sealing is for estimating purposes only. Actual quantity will be as designated and measured in
the field. The Engineer or Inspector will designate and mark the final limits of the crack sealant
application area.
Revised 9/11/00 Contract No. 3802-2 Page 72
Crack Filling and Sealing areas shall not be resurfaced until the Engineer has accepted the crack fill
and sealing areas according to the requirements of this subsection.
Full compensation for conforming to the requirements of Crack Seal shall include but not be limited
to, furnishing all labor, materials, tools, equipment, and incidentals necessary to clean, feel, and seal
the asphalt concrete cracks.
SECTION 306 -UNDERGROUND CONDUIT CONSTRUCTION
306-1 OPEN TRENCH OPERATIONS
Add the following section:
306-1.1.7 Steel Plate Bridging - With a Non-Skid Surface. This section covers the use of
steel plate bridging. The Contractor shall not employ the use or use steel plate bridging or trench
plate that does not meet the requirements of this section both in application and circumstance of use.
Add the following section:
306-1.1.7.1 Requirements for Use. Alternate construction methods that avoid the use of steel
plate bridging shall be used by the Contractor unless otherwise approved by the Engineer. It is
recognized that to accommodate excavation work, steel plate bridging may be necessary. All
conditions of approval of the use of steel plate bridging. Consideration of steel plate bridging in the
conditions for use of steel plate bridging set forth in the following requirements must be fulfilled as
review process will take into account the following factors:
2. Duration of use of the steel plate bridging.
1. Traffic volume and composition.
3. Size of the proposed excavation.
4. Weather conditions.
The following formula shall be used to score the permitted use of steel plate bridging:
PS = [ ADT + EWL + DAYS + 10 X WEEKEND + 5 X NIGHTS + 20 X WEATHER + SPEED Ikmh) + SLOPE X loo] X
LANES 1000 6
PS = [ ADT + EWL + DAYS + 10 X WEEKEND + 5 X NIGHTS + 20 X WEATHER + SPEED (mDh) + SLOPE X 1001 X
LANES
1000 5
where:
ADT = average daily traffic as defined in the CALTRANS Traffic Manual.
PS = plate score.
EWL = equivalent wheel loads as defined in the CALTRANS Traffic Manual.
DAYS = total number of 24 hour periods during which the plates will be utilized at the site
WEEKEND = total number of Saturdays, Sundays and holidays that the plates will be utilized
NIGHTS = total number of overnight periods that the plates will be in place, exclusive of
WEATHER = total number of 24-hour periods that the plates will be utilized at the site being
SPEED = the design speed in kilometers per hour or miles per hour, as applicable in the
being considered.
at the site being considered.
Saturday, Sunday and holiday nights.
considered when the possibility of rain exceeds 40 percent.
formulae above, of the' street where the plates are to be installed. This num- ber shall not be reduced for construction zone speed reductions.
e Revised 9/11/00 Contract No. 3802-2 Page 73
SLOPE = the quotient of the vertical differential divided by the horizontal distance. The
vertical and horizontal dimensions shall be measured at the locations span-
ning a distance of 15 m (50') up and downstream of the position of the
proposed steel plate bridging.
LANES = the number of lanes where plates will be used.
When the computed value of the plate score exceeds 50, steel plate bridging shall not be used
unless, and at the sole discretion of the Engineer, the Engineer determines that no alternative
considerations make the use of steel plate bridging acceptable. Alternatives considered to bridging
method of construction is possible in lieu of using steel plate bridging or that other overriding
shall include, but not be limited to, detouring traffic, construction detour routes, tunneling, boring and
other methods of trenchless construction. Unless specifically noted in the provisions of the
Engineer's approval, the use of steel plate bridging at each location so approved shall not exceed
four (4) consecutive working days in any given week.
Add the following section:
306-1.1.7.2 Additional Requirements. In all cases when the depth of the trench exceeds the
width of the steel plate bridging resting on each side of the pavement adjacent to the trench, safety
regulations require or the Engineer determines that shoring is necessary to protect the health or
safety of workers or the public the Contractor shall Install shoring conforming to Section 7-10.4.1 of
the Standard Specifications. The trench shoring shall be designed and installed to support the steel
submitted by the Contractor in accordance with all provisions of section 2-5.3 Shop Drawings and
plate bridging and traffic loads. All approvals for design, substitution of materials or methods shall be
Submittals. The Contractor shall backfill and resurface excavations in accordance with section 306-
1.5.
Add the following section:
306-1.1.7.3 Installation. When backfilling operations of an excavation in the traveled way,
whether transverse or longitudinal cannot be properly completed within a work day, steel plate
bridging with a non-skid surface and shoring may be required to preserve unobstructed traffic flow.
In such cases, the following conditions shall apply:
a) Steel plate bridging when the plate score exceeds 50 is not allowed except when, at the sole
discretion of the Engineer, it is approved as specified hereinbefore.
b) Steel plates used for bridging must extend a minimum of 610 mm (2') beyond the edges of the
trench.
c) Steel plate bridging shall be installed to operate with minimum noise.
When the use of steel plate bridging and shoring is approved by the Engineer, the 'Contractor shall
install using either Method (1) or (2) depending on the design speed of the portion of street where the
steel plate bridging is proposed for use.
Method 1 [For speeds more than 70 Kmlhr (45 MPH)]: The pavement shall be cold planed to a
depth equal to the thickness of the plate and to a width and length equal to the dimensions of the
plate. The cold milling shall produce a flat surface that the plate shall rest on with no horizontal or
vertical movement. Horizontal gaps between the unmilled pavement and the plate shall not exceed
25 mm (1") and shall be filled with elastomeric sealant material which may, at the contractor's option,
tables 203-5.2(8) and 203-5.3(A).
be mixed with no more that 50%, by volume, of Type I aggregate conforming to the requirements of
Method 2 [For speeds 70 Km/hr (45 MPH) or less]: Approach plate(s) and ending plate (if
Revised 9/11/00 Contract No. 3802-2 Page 74
longitudinal placement) shall be attached to the roadway and shall be secured against displacement
by using two adjustable cleats that are no less than 50 mm (2”) shorter than the width of the trench
bolted to the underside of each plate and located within 150 mm (6”) of the beginning and end of the
trench for plates at the beginning and end of the trench, a minimum of two 300 mm long by 19 mm
diameter (12” x W) steel bolts placed through the plate and driven into holes drilled 300 mm (12”)
into the pavement section, or other devices approved by the Engineer. Subsequent plates shall be
butted to each other. Fine graded asphalt concrete shall be compacted to form ramps, maximum
slope 8.5% with a minimum 300 mm (12) taper to cover all edges of the steel plates, When steel
plates are removed, the dowel holes in the pavement section shall be completely filled with
elastomeric sealant material. At the Contractor’s option, the methods required for Method 1 may be
used. If the Contractor so elects, all requirements of Method 1 shall be used. The Contractor shall
surface during and after their use.
maintain the steel plates, shoring, and asphalt concrete ramps and maintain and restore the street
Add the following section:
306-1.1.7.4 Materials. The minimal thickness of steel plate bridging shall be as shown in Table
306-1.1.7.4(A).
TABLE 306-1 .I .7.41AI
REQUIRED PLATE THICKNESS FOR A GIVEN TRENCH WIDTH
Maximum Trench Width (’) I Minimum Plate Thickness
0.3 m (IO”\
engineer and submitted to the Engineer for review and approval in adcoidance with section 2-5.3.
Steel plate bridging shall be steel plate designed to support the HS20-44 truck loading per
CALTRANS Bridge Design Specifications Manual. The Contractor shall maintain a non-skid surface
on the steel plate with no less than a coefficient of friction of 0.35 as determined by California Test
Method 342. If a different test method is used, the Contractor may utilize standard test plates with
known coefficients of friction available from the CALTRANS District 11 Materials Engineer to
correlate skid resistance results to California Test Method 342. In addition to all other required
construction signing, the Contractor shall install Rough Road (W33) sign with black lettering on an
orange background in advance of steel plate bridging.
Add the following section:
306-1.1.7.5 Measurement and Payment. Steel plate bridge materials including, but not limited
to: steel plates, anchoring devices, cold milling, elastomeric sealant material, asphalt ramping and
padding, signage, placing, installation, removal, relocation, preparation and processing of shop
drawings and submittals to support the use of steel plate bridging and all other materials, labor,
supervision, overhead of any type or description will be paid for as an incidental to the work that the bridging is installed to facilitate. No separate payment for steel plate bridging will be made. No
extension to contract time will be allowed for, or because of, the use of steel plate bridging.
Revised 9/11/00 Contract No. 3802-2 Page 75
306-1.5 Trench Resurfacing.
following: Temporary bituminous resurfacing materials which are placed by the Contractor are for its
306-1.5.1 Temporary Resurfacing. Delete the fourth and fifth paragraphs and substitute the
convenience and shall be at no cost to the Agency. Temporary bituminous resurfacing materials shall
be used in lieu of permanent resurfacing only when approved by the Engineer. When temporary
bituminous resurfacing materials are used in lieu of permanent resurfacing it shall be removed and
replaced with permanent resurfacing within 7 days of placement. No additional payment will be
structure shall include full compensation for furnishing, placing, maintaining, removing, and disposing
made for temporary bituminous resurfacing materials. The price bid for the associated conduit or
of such temporary resurfacing materials.
306-1.5.2 Permanent Resurfacing. Add the following: Except as provided in section 306-1.5.1,
"Temporary Resurfacing," the Contractor shall perform permanent trench resurfacing within 24 hours
after the completion of backfill and densification of backfill and aggregate base materials.
Section 313 - Temporary Traffic Control Devices
Add the following section:
313-1 TEMPORARY TRAFFIC PAVEMENT MARKERS.
Add the following section:
313-1.1 General. The Contractor shall supply and install temporary traffic pavement markers,
channelizers, signing, railing (type K), crash cushions and appurtenances at the locations shown on
the plans and as required in the specifications, complete in place prior to opening the traveled way
served by said final and temporary traffic pavement markers, signing, railing (type K) and
appurtenances to public traffic.
313-1.2 Temporary Pavement Markers. Temporary reflective raised pavement markers shall be
placed in accordance with the manufacturer's instructions. Temporary reflective raised pavement
markers shall be cemented to the surfacing with the adhesive recommended by the manufacturer,
except epoxy adhesive shall not be used to place temporary reflective raised pavement markers in
areas where removal of the markers will be required. Pavement striping, legends and markers which
conflict with any traffic pattern shall be removed by grinding as determined by the Engineer. The
Contractor shall use temporary reflective raised pavement markers for temporary pavement marking,
that will be in place for less than 30 days. Reflective pavement markers used in place of the
except when the temporary pavement markers are used to replace patterns of temporary traffic stripe
removable-type pavement markers shall conform to the section 312 "Pavement Marker Placement
and Removal", except the 14-day waiting period before placing the pavement markers on new
asphalt concrete surfacing as specified in section 312-1 "Placement", shall not apply; and epoxy
adhesive shall not be used to place pavement markers in areas where removal of the markers will be
required.
Add the following section:
313-1.3 Channelizers. Channelizers shall be new surface-mounted type and shall be furnished,
placed, and maintained at the locations shown on the plans. Channelizer posts shall be orange in
color. Channelizers shall have affixed white reflective sheeting as specified in the special provisions.
visible at 300 m (1000') at night under illumination of legal high beam headlights, by persons with
The reflective sheeting shall be 75 mm x 300 mm (3" x 12") in size. The reflective sheeting shall be
vision of or corrected to 20/20. The channelizer bases shall be cemented to the pavement in the
same manner as provided for cementing pavement markers to pavement in section 312-1,
d tS Revised 911 1/00 Contract No. 3802-2 Page 76
"Placement." Channelizers shall be applied only on a clean, dry surface. Channelizers shall be
placed on the alignment and location shown on the plans and as directed by the Engineer. The
channelizers shall be placed uniformly, straight on tangent alignment and on a true arc on curved
alignment. All layout work necessary to place the channelizers to the proper alignment shall be
performed by the Contractor. If the channelizers are displaced or fail to remain in an upright position,
from any cause, the channelizers shall immediately be replaced or restored to their original location,
by the Contractor. The Contractor shall provide the Engineer with a Certificate of Compliance in
accordance with the provisions of section 4-1.5, "Certification". Said certificate shall certify that the
channelizers comply with the plans and specifications and conform to the prequalified design and
material requirements approved by the Engineer and were manufactured in accordance with a quality
control program approved by the Engineer.
Add the following section:
313-2 TEMPORARY TRAFFIC SIGNING.
Add the following section:
313-2.1 General. The Contractor shall provide and install all temporary traffic control signs, markers,
markings, and delineators at locations shown on plans and specified herein.
Add the following section:
313-2.2 Maintenance of Temporary Traffic Signs. If temporary traffic signs are displaced or
overturned, from any cause, during the progress of the work, the Contractor shall immediately
traffic signs used in the Work in a clean, reflective and readable condition. The Contractor shall
replace the signs in their original approved locations. The Contractor shall maintain all temporary
replace or restore graffiti marked temporary traffic signs and posts used in the Work within 18 hours
of such marking being discovered during non-working hours or, when the marking is discovered
during working hours, within 2 hours of such discovery of marking.
Add the following section:
313-4 MEASUREMENT AND PAYMENT. Temporary traffic pavement markers, temporary
channelizers. temporary signing, temporary railing (type K), temporary crash cushions and temporary
appurtenances thereto shown on the plans or required in the specifications shall be included in the
actual bid items requiring the work and no additional payment will be made therefore. Payment shall
include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for
doing all the work involved in applying, installing, maintaining, and removing temporary traffic
pavement markers, channelizers, signing, railing (type K), crash cushions and appurtenances,
complete in place, as shown on the plans, as specified in the Standard Specification and these
special provisions, and as directed by the Engineer.
Revised 9/11/00 Contract No. 3802-2 Page 77
PART 4
Technical Specifications, CSI Format
Revised 9/11/00 Contract No. 3802-2 Page 70
Section 02235
Site Clearing, Demolition and Renovation
1. Part 1- General
1.1
1.2
1.3
1.4
1.5
1.6
Summary 1 .I .I Remove planting materials with the areas of work, including root systems
1.1.2 Remove existing site improvements, including all structures, equipment,
asphalt and concrete paving and walkways, fencing, utility systems, iniga-
1.1.3 Protection of existing trees, asphalt and concrete paving and walkways as
tion systems, and related items.
shown on the drawings and designated to remain.
Related Work
1.2.1 Hazardous Material Removal
1.2.2 Grading and Excavation
Regulatory Requirements
1.3.1 Conform to applicable jurisdictional authority regulations and codes for
1.3.2 Coordinate Clearing and Demolition work with utility companies. disposal of debris.
1.3.3 Maintain emergency access at all times.
1.3.4 Contractor shall comply with all applicable laws and ordinances regarding
hazardous materials.
References
1.4.1 Hazardous Building Materials Management Plan
1.4.2 Standard Specifications for Public Works Construction, 2001 edition and
supplements thereto.
Existing Conditions
1.5.1 Conduct demolition to minimize interference with adjacent buildings. Main-
1.5.2 Provide, erect and maintain temporary fencing and security devices as
tain protected access at all times.
construction activity from occupied areas.
necessary to provide safe pathways, maintaining continuous separation of
Quality Assurance
1.6.1 Contractor Qualifications
1.6.1.1 Company specializing in demolition and site clearing work with
a minimum of five years documented experience in projects of
1.6.1.2 Foreman: Individual specializing in demolition and site clearing
similar scale and scope.
work with a minimum of five years documented experience in
projects of similar scale and scope.
2. Part 2- Products
2.1 Owner Salvaged Items
2.1 .I The are no items to be salvaged to the owner which is the City of Carlsbad.
Revised 9/11/00 Contract No. 3802-2 Page 79
2.1.2 All material used to disconnect and/or terminate sewer lateral and water ser-
vices shall conform to City standards for such work.
3. Part 3 - Execution
3.1 Surface Conditions
3.1 .I Inspection
3.1.1 .I Prior to work of this section, carefully inspect previously installed work.
3.1 .I .2 Verify that work of this section may be completed in accordance with
3.1.1.3 Do not proceed with work in areas of discrepancy until all such dis- the plans and specifications
crepancies have been resolved.
3.2 Preparation
3.2.1 Verify that existing plant life and features designated to remain are tagged or
3.2.1.1 The Contractor shall not commence clearing and demolition operations
identified.
until all authorized by the Owner and all protective measures are in
3.2.1.2 Provide barricades coverings, or other types of protection necessary to
place.
prevent damage to existing improvements indicated to remain in place.
Any improvements damaged by this work shall be restored to original
condition.
skinning and bruising of bark, smothering of trees by stockpiling build-
ing materials, or excavated materials within drip line, excess foot of ve-
fences, barricades, or guards as required to protect trees. The natural hicular traffic, or parking of vehicles within drip line. Provide temporary
topsoil around shallow root systems shall also be maintained.
3.2.1.3 Protect all trees to remain from cutting, breaking of skinning of roots,
3.2.2 Utility and Service Termination
3.2.2.1 Locate and identify existing utility, sewer, water and irrigation system components affected by work of this contract. Review existing record
Alert and other qualified locater services, and implement all other
drawings, conduct site investigations, contact Underground Service
means necessary to define the location of underground systems.
3.2.2.2 Prior to beginning any demolition, properly disconnect all sewer, water
and irrigation systems.
3.2.2.2.1 Disconnect sewer laterals serving the affected buildings by
the removing the associated sewer cleanout and disconnect
the lateral at the sewer main and plugginglrepairing the
3.2.2.2.2 Disconnect water services by disconnect the service line at
connection at the main.
the Corp. Stop at the main and crimping the copper service line.
3.2.2.3 Prior to any demolition obtain all necessary releases and approvals
3.2.2.4 Prior to demolition or disconnect obtain Owners approval that such sys-
form serving utility companies
tem does not impact facilities or systems beyond the extent of this con-
tract.
locations on project record documents.
3.2.2.5 Mark location of disconnected systems. Identify and indicate stub-out
3.2.3 Coordinate time and duration of all system disconnects with the owner.
Revised 9/11/00 Contract No. 3802-2 Page 80
3.3 General Site Demolition
3.3.1 General Requirements
3.3.1.1 Demolish in an orderly and careful manner. Protect existing supporting
members and adjacent finishes.
3.3.1.2 Coordinate with the Owner the time of day and route to remove demol-
ished materials from premises.
3.3.1.3 Remove demolished materials from the site as work progresses. Upon
completion of work, leave areas of work in a clean condition.
3.3.1.4 Remove all buried debris, rubble, trash.
3.3.1.5 Fill all voids or excavations resulting from demolition of removal of
vegetation. Scarify the top 6 inches and compact demolition sites to
90% relative compaction.
3.3.2 Structure, Fixture and Equipment Removal
3.3.2.1 Remove existing structures, fixtures and equipment as shown on the
3.3.2.2 Verify all service connections have been properly disconnected.
3.3.2.3 Remove all conductors for conduit at all abandoned circuits.
' plans.
3.4 Utility and Building Services Demolition
3.4.1 Where crossing paths and potential points of interference with existing utility
services are shown or can be reasonably inferred for surface conditions or
evidence of subsurface systems such and meter boxes, vaults, vents, clean-
outs or similar components:
3.4.1 .I Pothole or determine by other means the depth and location of such
3.4.1.2 No additional costs to the Owner will be allowed for work necessary to
utilities.
the location of such utilities can be reasonably inferred from surface
accommodate the repair or re-establishment of utility services to where
conditions or components.
3.4.2 Unless designated to remain on drawings, all portions of structures designated
3.4.3 Remove all portions of structures including footings and foundations. Fill all
as scrap and become the property of the Contractor.
voids.
3.4.4 Fill all voids or excavations resulting from demolition of removal of utilities and
buildings. Scarify the top 6 inches and compact demolition sites to 90% rela-
tive compaction.
3.5 Site Pavement and Flatwork Removal
3.5.1 Demolish in an orderly and careful manner, Protect adjacent finishes.
3.5.2 Remove paving to saw cut lines when adjacent paving is to remain.
3.5.3 Fill all voids or excavations resulting from demolition of removal of paving and flatwork. Scarify the top 6 inches and compact demolition sites to 90% relative
compaction.
3.6 Disposal
3.6.1 Dispose of all demolished material, trash, debris, and other materials in accor-
dance with the regulations of jurisdictional authority.
3.7 Dust Control
3.7.1 Provide for dust control per the Standard Specifications
@ Revised 9/11/00 Contract No. 3802-2 Page 81
3.7.2 Maintain all streets and public ways free of dust and mud as directed by the
Owner, including the use of wash down and street sweeper equipment.
3.8 Air and Water Pollution
3.8.1 Take all measures to reduce air and water pollution caused by material or
3.8.2 Do not dispose of any volatile wastes or oils in storm or sanitary sewers.
3.8.3 Do not allow waste materials to be washed into streams of storm drains.
equipment used during construction.
End of Section
Revised 9/11/00 Contract No. 3802-2 Page 82
Section 02795
Playground Surface Systems
1. Part 1 - General
1 .I Summary
1.1 .I- Section Includes: Rubber tile playground surfacing system.
1.2 References
1.2.1 ASTM D412 Standard Test Methods for Vulcanized Rubber and Thermo-
1.2.2 ASTM D624 Standard Test Methods for Tear Strength of Conventional
1.2.3 ASTM D2047 Standard Test Method for Static Coefficient of Friction of
1.2.4 ASTM D2859 Standard Test Method for Flammability of Finished Textile
1.2.5 ASTM E303 Standard Test Method for Measuring Surface Frictional Prop-
1.2.6 ASTM F1292 Standard Specification for Impact Attenuation of Surface
1.2.7 ASTM F1951 Standard Specification for Determination of Accessibility of
plastic Rubbers and Thermoplastic Elastomers-Tension.
Vulcanized Rubber and Thermoplastic Elastomers,
Polish-Coated Floor Surfaces as Measured by the James Machine.
Floor Covering Materials.
erties using the British Pendulum Tester.
Systems Under and Around Playground Equipment.
Surface Systems Under and Around Playground Equipment.
1.3 System Description 1.3.1 Performance Requirements: Provide a single layer rubber tile playground
surfacing system which has been designed of manufactured and installed
to meet the following criteria.
1.3.1 .I Shock Attenuation (ASTM F1292)
1.3.1 .I .I . Gmax - less than 200
1.3.1.1.2 Head Injury Criteria- Less than 1000.
1.3.1.2 Flammability (ASTM D2859) Pass
1.3.1.3 Tensile Strength (ASTM D412)- 60 psi (413 kPa)
1.3.1.4 Tear Resistance (ASTM D624)- 140%
1.3.1.5 Water Permeability: 0.4 gal/yd2/second.
1.3.1.6 Accessibility: Comply with requirements of ASTM F1951
1.4 Submittals
1.4.1 Product Data: Submit Manufacturer's product data and installation instruc-
1.4.2 Verification Samples: Submit manufacturer's standard verification samples
1.4.3 Quality AssurancelControl: Submit Certificate of qualifications of play-
1.4.4 Closeout: Warranty Documents specified herein.
tions.
of 9 x 9 minimum.
ground surfacing installer.
1.5 Quality Assurance
1.5.1 Utilize an installer having experience with projects of similar scope and
complexity.
a tS Revised 9/11/00 Contract No. 3802-2 Page 83
1.6 Delivery, Storage & Handling
1.6.1 Deliver materials in manufacturer's original, unopened, undamaged con-
tainers with identification labels.
1.6.2 Storage and Protection: Store materials protected from exposure to harm-
ful environmental conditions and at a minimum temperature of 20 degrees
F and a maximum temperature of 100 degrees.
1.7 ProjecffSite Conditions
1.7.1 Environmental Requirements: Install system when minimum ambient tem-
perature is 33 degrees F and a maximum ambient temperature is 90 de-
grees F. Do not install in steady of heavy rain.
1.8 Warranty
1.8.1 ' Manufactures Warranty: Submit, for owner's acceptance, manufacturer's
standard warranty document executed by authorized company official.
Manufacturer's warranty is in addition to, and not a limitation of, other
rights Owner may have under separate documents.
1.8.2 Warranty period: 5 years from date of product shipment,
2. Part 2 - Products
2.1.1
2.1.2
2.1 Rubber Tile Playground Surfacing System
NY 14231; Telephone (800) 999-0555; Fax (716) 632-8324: E-mail:
Manufacturer: Surface America, Inc. -Contact: PO Box 157 Williamsville,
Surface@surfam.com; website: www.surjam.com.
Proprietary ProducffSystems. Rubber tile playground surfacing system, in-
cluding the following:
2.1.2.1 Playbound Tile:
2.1.2.1 .I Material:
2.1.2.1.2 Thickness and Weight:
2.1.2.1.3 Color
2.1.2.1.4 EPDM Colors
2.1.2.1.5 Dry Static Coefficient of Friction (ASTM D2047): 1.0
2.1.2.1.6 Wet Static Coefficient of Friction (ASTM D2047): 0.9
2.1.2.1.7 Dry Skid Resistance (ASTM E303): 89. '
2.1.2.1.8 Wet Skid Resistance (ASTM E303): 57.
2.2 Accessories
2.2.1 Provide accessory items as follows:
2.2.1.2 Playbound Tile Standard Beveled Edge.
2.2.1.1 Surface America Evergrip Adhesive
2.2.1.3 Playbound Tile Corner Piece.
2.2.1.4 Playbound Tile ADA Beveled Edge.
2.2.1.5 Playbound Tile Transition Piece.
2.2.1.6 Playbound Tile Edge Transition Piece.
2.2.1.7 Playbound Tile Resilient Curb.
@ Revised 911 1/00 Contract No. 3802-2 Page 84
3. Part 3 - Execution
3.1 Manufacturer's Instructions 3.1.1 Comply with the instructions and recommendations of the playground sur-
face manufacturer.
3.2 Examination 3.2.1 Site Verification of Conditions: Verify that site conditions are suitable for in-
stallation of the playground surfacing.
3.2.2 Do not proceed with installation until unsuitable conditions are corrected.
3.3.1 Surface Preparation: Ensure the asphalt substrate is level or uniformly 3.3 Preparation
sloped.
3.4 Installation 3.4.1 Do not proceed with playground surfacing installation until all applicable
site work and other relevant work has been completed.
3.4.2 Lay Rectangular Playbound Tiles in a quarter length staggered pattern.
Avoid placement when large temperature swings during the time between
adhesive application and final curing are expected, as gapping between
tiles may result. 3.4.2.1 Apply adhesive on tight asphalt o concrete at a rate of approxi-
mately 65 ftZlga1. Adhesive consumption will increase as asphalt
porosity increases. 3.4.2.2 Apply adhesive to the base using a notched trowel.
3.4.2.3 Apply adhesive to tile sides using a putty knife, roller or adhesive
tube. Apply adhesive to approx. 60 perimeter inches of the total 120 inches of the tile to allow for rainwater drainage.
tiles using a rubber mallet as they are installed.
3.4.2.4 Maintain a straight line at the tile joints. To keep line straight, adjust
3.5 Protection
3.5.1 Protect installed playground surface from damage resulting from subse-
quent construction activity on site.
End of Section
Revised 911 1/00 Contract No. 3802-2 Page 85
Section 02880
Exterior Athletic and Field Equipment
1.
1 .I
1.2
1.3
1.4
2.
2.1
2.2
2.3
3.
3.1
Part 1 - General
Description
1.1.1 Provide all labor, materials, equipment, tools, services and miscellaneous and
incidental work to complete all exterior athletic and field equipment on the
Drawings and as specified.
Submittals
1.2.1 Product Literature
1.2.2 Samples: Do not fabricate prior to review and acceptance of samples by the
City's Representative. Provide one sample of each showing finish, texture and
color of the equipment.
Quality Assurance
1.3.1 Installer shall have provided park and playground equipment for a minimum of
three years. The installation of manufactured products shall be completed in
accordance with the manufacturers specifications.
Delivery, Storage and Handling
1.4.1 Handle and store units in a manner that will guard against cracking, chipping,
warping, soiling, staining or other physical damage, discoloration or distortion.
Part 2 - Products
Basketball
2.1.1 Basketball Assembly Model 1233-04 by Steelcraff Products.
Ball Wall
2.2.1 Ball Wall Model BW 16-8s by Steelcraft Products.
Tetherball
2.3.1 Tetherball Assembly TBPC by Steelcraff Products.
Part 3 - Execution
Installation
3.1.1 Install all playground equipment in accordance with manufacturers printed in-
3.1.2 Install all playground equipment in locations as indicated on the Drawings and
3.1.3 Repair damaged surfaces to acceptance of the City's Representative. Clean
structions.
as precisely field directed by the City's Representative.
items to remove dirt and stains.
End of Section
@ Revised 9/11/00 ' Contract No. 3802-2 Page 86
Section 02881
Playground Equipment and Structures
1.
1.1
1.2
1.3
1.4
2.
2.1
3.
3.1
Part 1 - General
Description
1 .I .I Provide all labor, materials, equipment, tools, services and miscellaneous and
the Drawings and as specified.
incidental work to complete all site playground equipment and structures on
Submittals
1.2.1 Product Literature
1.2.2 Samples: Do not fabricate prior to review and acceptance of samples by the
color of the equipment.
City's Representative. Provide one sample of each showing finish, texture and
Quality Assurance 1.3.1 Installer shall have provided park and playground equipment for a minimum of
three years. The installation of manufactured products shall be completed in
accordance with the manufacturers specifications.
Delivery, Storage and Handling
1.4.1 Handle and store units in a manner that will guard against cracking, chipping,
warping, soiling, staining or other physical damage, discoloration or distortion.
Part 2 - Products
Play Equipment
2.1 .I Playground equipment # 141 15A as manufactured by Landscape Structures or
approved equal.
Part 3 - Execution
Installation
3.1 .I Install all playground equipment in accordance with manufacturers printed in-
3.1.2 Install all playground equipment in locations as indicated on the Drawings and
3.1.3 Repair damaged surfaces to acceptance of the City's Representative. Clean
structions.
as precisely field directed by the City's Representative.
items to remove dirt and stains.
End of Section
@ Revised 911 1/00 Contract No. 3802-2 Page 87
PART 5
Technical Specifications, Hazardous Materials
(Hazardous Building Materials Management Plan Pine Elementary School,
Maintenance Facility and Residential Properties Carlsbad California)
Asbestos Abatement & Removal Specifications
cent and HID Lamps and Mercury-Containing Electrical Devices Removal and Dis-
PCB Lamp Ballasts, Non-PCB Lamp Ballasts, Leaking PCB Lamp Ballasts, Fluores-
posal Specifications
Power Generation Equipment, Power Transmission Equipment
Hazardous Building Materials Survey Results
Lead-Related Construction Specifications and Surveys
Revised 9/11/00 Contract No. 3802-2 Page 80
HAZARDOUS BUILDING MATERIALS
MANAGEMENT PLAN
PINE ELEMENTARY SCHOOL, MAINTENANCE FACILITY AND
RESIDENTIAL. PROPERTIES
CARLSBAD, CALIFORNIA
PREPARED FOR
Mr. Keith Beverly
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
PREPARED BY:
Ninyo & Moore Geotechnical and Environmental Sciences Consultants
57 10 Ruffn Road
San Diego, California 92123
April 1,2002
Project No. 104567002
April 1,2002
Project No. 104567002
Mr. Keith Beverly
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92108
Subject: Hazardous Building Materials Management Plan
Pine Elementary School, Maintenance Facility, and Residential Properties
Carlsbad, California
Dear Mr. Beverly:
In accordance with your request and our proposal P-5059C, dated February 22,2002, Ninyo &
Moore is pleased to submit this Hazardous Building Materials Management Plan (HBMMP) for
the Project site. This HBMMP will serve as a guidance document to contractors for the re-
movalidemolition and management of hazardous building materials during the demolition phase
of the on-site buildings. The HBMMP document was prepared in broad form language and in a
generic format to address the Project area, and was based on previous hazardous building materi-
als surveys performed at the site. The Lead-Related Construction Specifications for this
HBMMP were prepared by Allstate Services Environmental, hc., and have been included as
Appendix B. Also, we have attached our documents as an electronic file on CD/ROM.
Ninyo & Moore is pleased to be of continued service to you on this important project. If you
have any questions or comments regarding the attached document, please contact the under-
signed at (858) 576-1000.
Sincerely,
NINYO & MOORE
Jerry R. Sherman, C.A.C.
Senior Staff Environmental Scientist
Lori A. Cathcart, R.E.A.
Operations Manager,
Environmental Sciences Division
JRS/LAC/rlm
Distribution: (2) Addressee
City of Carlsbad
H" Plan Pine Elementary School.
Maintenance Facility. and Residential Properties
April 1. 2002
Project No . 104567002
TABLE OF CONTENTS
Page
1 . ASBESTOS ABATEMENT & REMOVAL SPECIFICATIONS ....................................... 1-1
1.1. Scope of Work ......................................................................................................... 1-1
1.2. Definitions ................................................................................................................ 1-2
1.3. Notifications ............................................................................................................. 1-4
1.4. Quantity Takeoff ....................................................................................................... 1-5
1.5. Submittals ................................................................................................................. 1-5
1.6. Quality Assurance ..................................................................................................... 1-7
1.7. Products .................................................................................................................... 1-8
1.8. Execution .................................................................................................................. 1-9
1.9. Asbestos Removal .................................................................................................. 1-15
1.10. Closure .................................................................................................................... 1-17
2 . PCB LAMP BALLASTS, NON-PCB LAMP BALLASTS, LEAKING PCB LAMP
BALLASTS, FLUORESCENT AND HID LAMPS AND MERCURY-CONTAINING
ELECTRICAL DEVICES REMOVAL AND DISPOSAL SPECIFICATIONS ................. 2-1
2.1. Project Description ................................................................................................... 2-1
2.2. Applicable Regulations ............................................................................................. 2-1
2.3. Contractor ................................................................................................................. 2-2
2.4. Use of Subcontractors ............................................................................................... 2-4
2.5. Containerizing and Marking ..................................................................................... 2-4
2.6. Transportation to DestructiodServicing Facilities ................................................... 2-4
2.7. Documentation .................................... 1 ..................................................................... 2-5
3 . POWER GENERATION EQUIPMENT, POWER TRANSMISSION EQUIPMENT,
POWER DISTRIBUTION EQUIPMENT, OTHER EQUIPMENT POTENTIALLY
CONTAINING PCBS, AND PCB DEBRIS AND PPE ...................................................... 3-1
3.1. Project Description ................................................................................................... 3-1
3.2. Applicable Regulations ............................................................................................. 3-1
3.3. Contractor ................................................................................................................. 3-2
3.4. Use of Subcontractors ............................................................................................... 3-3
3.5. Containenzmg and Marking ..................................................................................... 3-4
3.6. Transportation to DestructiodServicing Facilities ................................................... 3-4
3.7. Documentation .......................................................................................................... 3-4
4 . ABANDONED WASTE HANDLING AND REMOVAL GUIDELINES ......................... 4-1
Appendices
Appendix A - Portions of Hazardous Building Materials Survey Reports
Appendix B - Lead-Related Construction Specifications
..
City of Carlsbad
HBMM Plan Pine Elementary School,
Maintenance Facility, and Residential Properties
April 1,2002
Project No. 104567002
1. ASBESTOS ABATEMENT & REMOVAL SPECIFICATIONS
1.1. Scope of Work
The abatement of asbestos-containing materials (ACMs) that have been identified at the
Project site, which includes the following:
the former Pine Elementary School, addressed 3333 Harding Street;
the former Carlsbad Unified School District Maintenance Facility, addressed 800
the single-family residence addressed 3340 Mahson Street;
the dual-unit residential structure addressed 3344 and 3348 Madison Street;
the single-family residence addressed 3354 Madison Street;
and the single-family residence addressed 3366 Madison Street.
The subject buildings are located on contiguous parcels which are located in Carlsbad,
California. The ACMs were identified during asbestos surveys completed in January
and February, 2002. Tables summarizing the type of material sampled and results, and a
figure indicating the location of the buildings are included in Appendix A. Those mate-
rials known to contain asbestos and scheduled for asbestos abatement are summarized
in those tables.
Contractor is responsible for decontamination of fixtures and equipment remaining in
the work area where visible ACM debris remains.
The Contractor shall furnish all labor, materials, services, insurance, equipment, and de-
contamination facilities to carry out the complete removal and disposal of all ACM
identified in these Specifications. While rough estimates of material quantities were
supplied in the attached survey, the contractor shall make all his own quantity take offs
to determine actual quantities.
nances and standards of goveming authorities having jurisdiction and the requirements
specified herein.
Chestnut Avenue;
Work shall be performed in accordance with all applicable regulations, codes, ordi-
Contractor shall furnish all labor, material, supervision, construction tools and equipment
necessary to perform the following work:
Removal of identified asbestos as found in Appendix A. Contractor shall verify quanti-
Provide and maintain environmental and occupational safety protective measures,
Clean the work site to completely remove all visually apparent asbestos and to reduce
If in the course of removing ACM from the site, the Contractor discovers any other
ties and locations.
equipment and procedures at the work site.
the airborne concentrations as described in Section 1.10.
ACM, other than those described in plans, reports, or specifications, the Contractor shall
notify the Owner in writing.
4167W2lptc rcuixd 4 14 02.dac 1-1
City of Carlsbad
HBMM Plan Pine Elementary School,
Maintenance Facility, and Residential Properties
April 1,2002
Project No. 104567002
With respect to available utilities, the Contractor shall coordinate access and use of all
utilities as needed for the duration of the project with the Owner. If utilities are unavail-
able, the Contractor will be required to provide utilities. The Contractor shall obtain all
necessary permits from the City of San Diego, County of San Diego Air Pollution Con-
trol District and other authorities having jurisdiction.
Package, transport and disposal of all asbestos to an approved disposal site.
Cooperate with Owner’s Representative with regard to air monitoring and observation
of procedures.
1.2. Definitions
“Aggressive method” means removal or disturbance of building material by sanding,
abrading, grinding or other method that breaks, crumbles, or disintegrates intact ACM.
“Amended water” means water to which surfactant (wetting agent) has been added to
increase the ability of the liquid to penetrate ACM.
“Asbestos” includes chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite
asbestos, actinolite asbestos, and any of these materials that has been chemically treated
and/or altered. “Asbestos” includes Presumed Asbestos Containing Material (PACM).
“Asbestos Consultant” shall be the independent party retained by the Owner to provide
consultation and supervision services for asbestos abatement activities.
“Asbestos-containing construction material” means any material containing more than
one tenth of one percent asbestos.
“Asbestos-containing material (ACM)” means any material containing more than one
percent asbestos.
“Authorized person” means any person authorized by the employer and required by
work duties to be present in regulated areas.
“Class I asbestos work” means activities involving the removal of thermal system insu-
lation (TSI) and surfacing ACM and PACM.
“Class I1 asbestos work” means activities involving the removal of ACM which is not
thermal system insulation or surfacing material. This includes, but is not limited to, the
removal of asbestos-containing wallboard, floor tile and sheeting, roofing and siding
shingles, and construction mastics.
“Clean room” means an uncontaminated room having facilities for the storage of em-
ployees’ street clothing and uncontaminated materials and equipment.
“Closely resemble” means that the major workplace conditions which have contributed
to the levels of historic asbestos exposure, are no more protective than the conditions of
the current workplace.
“Competent person” means, in addition to one who is capable of identifying existing
and predictable hazards in the surroundings or working conditions which are unsanitary,
hazardous, or dangerous to employees, and who has authorization to take prompt cor-
rective measures to eliminate them: in addition, for Class I and Class I1 work who is
specially trained in a training course which meet the criteria of Environmental Protec-
4567W21pcc rsviwd 4 14 02.24s 1-2
City of Carlsbad
HBMM Plan Pine Elementary School,
Maintenance Facility, and Residential Properties
April 1,2002
Project No. 104567002
tion Agency’s (EPA’s) model accreditation Plan (40 CFR 763) for project designer or
supervisor, or its equivalent
“Critical barrier” means one or more layers of plastic sealed over all openings into a
work area or any other similarly placed physical barrier sufficient to prevent airborne
asbestos in a work area from migrating to an adjacent area.
“Decontamination area” means an enclosed area adjacent and connected to the regulated
area and consisting of an equipment room, shower area, and clean room, which is used
for the decontamination of workers, materials, and equipment that are contaminated
with asbestos.
“Demolition” means the wrecking or taking out of load-supporting structural member
and any relating razing, removing, or stripping of asbestos products.
“Disturbance” means contact that releases fibers from ACM or PACM or debris con-
taining ACM or PACM. This term includes activities that disrupt the matrix of ACM or
PACM, render ACM or PACM friable, or generate visible debris. Disturbance includes
cutting away small amounts of ACM and PACh4, no greater than the amount which can
be contained in one standard sized glove bag or waste bag in order to access a building
component. In no event shall the amount of ACM or PACM so disturbed exceed that
which can be contained in one glove bag or waste bag which shall not exceed 60 inches
in length and width.
“Employee exposure” means that exposure to airborne asbestos that would occur if the
employee were not using respiratory protective equipment.
“Equipment room (change room)” means a contaminated room located within the de-
contamination area that is supplied with impermeable bags or containers for the disposal
of contaminated protective clothing and equipment.
“Fiber” means a particulate form of asbestos, 5 micrometers or longer, with a length to
dmneter ratio of at least 3 to 1.
“Glovebag” means an impervious plastic bag-like enclosure affixed around asbestos
containing material, with glove-like appendages through which materials and tools can
be handled.
“High-efficiency particulate air (HEPA) filter” means a filter capable of trapping and
retaining at least 99.97 percent of all mono-dispersed particles of 0.3 micrometers in di-
ameter.
“Homogenous area” means an area of surfacing material or thermal system insulation
that is uniform in color and texture.
“hdustrial hygienist” means a professional qualified by education, training, and experi-
ence to anticipate, recognize, evaluate and develop controls for occupational health
hazards.
“Intact” means that the ACM has not crumbled, been pulverized, or otherwise deterio-
rated so that it is no longer likely to be bound with its matrix.
“Modification” means a changed or altered procedure. Material or component of a con-
trol system, which replaces a procedure. Material or component of a required system.
1 -3
City of Carlsbad
HBMM Plan Pine Elementary School,
Maintenance Facility, and Residential Properties
April 1,2002
Project No. 104567002
~ ~~ ~~ ~
1.3. Notifications
Notification of asbestos abatement activities shall be provided by the Contractor as re-
quired and in accordance to all applicable federal, state, and local agencies prior to the
start of abatement activities.
Omitting a procedure or component, or reducing or diminishing the stringency or
strength of a material or component of the control system is not a “modification.”
“Negative initial exposure assessment” means a demonstration by the employer which
complies with the criteria in 8 California Code of Regulations (CCR) 1529, subsection
(f)(2)(c), that employee exposure during an operation is expected to be consistently be-
low the Permissible Exposure Limit (PEL).
“PACM’ means “presumed asbestos-containing material.”
“Presumed Asbestos-containing Material” means thermal system insulation and surfac-
ing material found in buildings constructed no later than 1980. The designation of
material as “PACM may be rebutted pursuant to 8 CCR 1529, subsection (k)(4).
“Project Designer” means a person who has successfully completed the training re-
quirements for the abatement project designer established by40 U.S.C. Sec. 763.90(g).
“Regulated area” means an area established by the employer to demarcate areas where
Class I, 11, and I11 asbestos work is conducted, and any adjoining area where debris and
waste from such asbestos work accumulate; and a work area within which airborne con-
centrations of asbestos, exceed or there is a reasonable possibility they may exceed the
permissible exposure limit.
“Removal” means all operations where ACM andor PACM is taken out or stripped
from structures or substrates, and includes demolition operations.
“Renovation” means the modifjmg of an existing structure, or portion thereof.
“Repair” means overhauling, rebuilding, reconstructing or reconditioning or structures
or substrates, including encapsulation or other repair of ACM or PACM attached to
structures or substrates.
“Surfacing material” means material that is sprayed, troweled-on or otherwise applied
to surfaces (such as acoustical plaster on ceilings and fireproofing materials on struc-
tural members, or other materials on surfaces for acoustical, fireproofing, and other
purposes).
“Surfacing ACM means surfacing material which contains more than 1 % asbestos.
‘‘Thermal system insulation (TSI)” means ACM applied to pipes, fittings, boilers,
breeching, tanks, ducts, or other structural components to prevent heat loss or gain.
“Thermal system insulation ACM’ is thermal system insulation that contains more than
1% asbestos.
City of Carlsbad
HBMM Plan Pine Elementary School,
Maintenance Facility, and Residential Properties
April 1,2002
Project No. 104567002
1.4. Quantity Takeoff
All ACM quantities shall be determined by the bidder and no claim for additional cost
will be accepted by the Owner as a result of quantities of ACM to be removed except
those provided for in these Specifications.
to represent actual quantities for bidding purposes.
Any quantities implied in these Specifications are illustrative only and are not intended
1.5. Submittals
Manufacturer’s Product Data
o Local Exhaust Equipment.
o Vacuum Equipment.
o Respirators.
o Pressure Differential Monitor,
Plan for Removal and Demolition of Asbestos: Submit a detailed jobspecific plan of
the Work procedures to be used in the removal and demolition of materials containing
asbestos at least two weeks prior to the start of Work.
o The plan shall be prepared and signed by the Contractor.
o Such plan shall include a sketch showing the location, size, and details of asbestos
control areas, location and details of the change rooms, layout of change rooms,
layout and location of waste container pass-out airlock system, and locations of lo-
cal exhaust equipment.
o The plan shall also include interface of trades involved in the construction, se-
quencing of asbestos-related Work, disposal plan, type of wetting agent of removal
encapsulant to be used, respirators, protective equipment, pressure differential
monitoring devices, and a detailed description of the method to be employed in or-
der to control pollution.
o The plan shall include copies of emergency, security and contingency plans as fol-
lows:
4 A plan to provide emergency and fie evacuation for removing workers from
the work zone in an emergency. A copy of this plan shall be filed with the local
fire andor ambulance unit.
provide a means of preventing accidental or unauthorized entry.
failure. This plan shall include telephone numbers of representative of the Con-
tractor to be contacted in emergencies.
6 A plan for maintaining the security of the work zone. The security plan shall
4 A contingency plan addressing emergencies, equipment failures and barrier
1-5
City of Carlsbad
HBMM Plan Pine Elementary School,
Maintenance Facility, and Residential Properties
April 1,2002
Project No. 104567002
o The plan shall be approved by the owners representative prior to the start ofasbes-
o Prior to beginning Work, the Owner and Contractor shall meet to discuss in detail
tos abatement Work.
the asbestos plan, including Work procedures and safety precautions.
Field Test Reports
o Air Sampling Results: Fibm counting shall be completed and results reviewed by
the Owner within 24 hours. The Owner shall notify the Contractor immediately of
exposure to asbestos fibers in excess of the Permissible Exposure Limit (PEL).
o Pressure Differential Recordmgs for Local Exhaust Systems: The Contractor shall
review and report the pressure differential recordings within 24 hours from the end
of each day, and immediately report to the Owner variance in the permissible pres-
sure differential which could cause adjacent unsealed areas to have asbestos fiber
concentration in excess of 0.01 fibers per cubic centimeter or background, which-
ever is higher.
o Asbestos Disposal Quantity Report: The Contractor shall review and report to the
Owner within 24 hours from the end of each day, the amount of asbestos-
containing material removed during the previous day.
Administrative and Closeout Submittals
o Notification of Equipment Rental: If rental equipment is to be used during asbestos
handling and disposal, written notification concerning the intended use of the
equipment will be &shed to the rental agency, with a copy to the Owner.
o Landfill Delivery Records: Within 3 days after delivery of asbestos-containing ma-
terial to the landfill, submit detailed delivery tickets, and hazardous waste
manifests, prepared, signed, and dated by an agent of the landfill, certifying the
amount of materials delivered to the landfill.
o Waste Disposal Site Approval: Submit recommended waste disposal site to the
Owner for approval prior to the start of the project. Submit written evidence to the
Owner prior to disposal, that the waste disposal site is approved for asbestos dis-
posal by the EPA and other applicable authorities. At job completion, these records
shall be inserted into the job binder and transmitted to the Owner’s Representative.
o Personnel Training Certificates: Prior to the Notice to Proceed, the successful Con-
tractor shall submit to the owner’s representative a declaration certifying that all of
the Contractor’s employees have been adequately trained in accordance with CCR
Title 8, 5 1529. The Contractor shall also submit proof that all personnel who will
be permitted to enter contaminated Work Areas have been adequately trained in ac-
cordance with CCR Title 8 5 1529 for certification as an Asbestos Worker or
Supervisor for Class I asbestos abatement projects.
tor shall submit proof that all personnel who will be permitted to enter
o Medical Examination and Certification: Prior to the Notice to Proceed, the Contrac-
1-6
City of Carlsbad
HBMM Plan Pine Elementary School,
Maintenance Facility, and Residential Properties
April 1,2002
Project No. 104567002
contaminated Work Areas have had medical exwinations in accordance with CCR
Title 8, 5 1529. Provide a written certification signed by a licensed physician that
all workers and supervisors have met or exceeded all of the medical prerequisites
listed herein and in CCR Title 8, 5 1529 and 29 CFR 1910.134.
o Contractor Licensing Board Asbestos Certification: Submit a copy of the Subcon-
tractor’s California State Contractor’s Licensing Board Asbestos Certification in
accordance with the California Business and Professional Code, 5 7058.5, to the
Contractor.
o Contractor Class C Asbestos Removal License: Submit proof that the Contractor
possesses,a current California Class C Asbestos Removal License to the Owner.
o Hazardous Waste Hauler License and EPA Transporter’s Number: Submit proof
that the Contractor or the Contractor’s Hazardous Waste Hauler possesses a current
Hazardous Waste Hauler License and EPA Transporter’s Number to the Owner.
o At job completion, Contractor shall transmit the job binder to Owner’s Representa-
tive. Contents shall be as described in this section plus any additional items as
designated by owner’s representative.
1.6. Quality Assurance
Where methods OT procedures are specified, they shall constitute minimum measures
and shall in no way relieve Contractor of sole responsibility for the means, methods,
techques, sequences or safety measures in connection with the work.
ence in this field of construction and can furnish a record of satisfactory performance on
at least three projects for work of comparable type.
Subcontractor qualifications shall be the same in form and quantity as required for Con-
tractor.
All work shall be performed in compliance with pertinent laws, rules and regulations
existing at the time of the work, including but not limited to:
The removal or asbestos shall be supervised by a licensed supervisor who has experi-
General Industry Safety and Health Standards, 29 CFR Part 1910.
Safety and Health Standards for the Construction Industry, 29 CFR Part 1926.
The Occupational Safety and Health Standards for Asbestos, 29 CFR 191 0,1001
and 1926.1101.
The EPA National Emission Standard for Hazard Air Pollutants, National Emission
Standard for Hazardous Air Pollutants, National Emission Standard for Asbestos,
Title 40 CFR Part 6,l (a) and (m).
The Occupational Safety and Health Standards, for respiratory protection (OSHA),
Title 29, CFR 1910.134.
California Code of Regulations, Title 8, Section 1529, Asbestos in Construction.
The Transportation Safety Act, Hazardous Material Transportation Act, Title 49
CFRParts 106, 107,171-179.
1-7
City of Carlsbad
HBMM Plan Pine Elementary School,
Maintenance Facility, and Residential Properties
April 1,2002
Project No. 104567002
All applicable state, local regulations and ordinances, including any regulations regard-
ing state and/or local licenses or certificates.
Where applicable state or local regulations are more stringent than OSHA requirements
or the requirements referenced herein, Contractor shall adhere to the more stringent
regulations.
The Contractor warrants that he is familiar with the codes and requirements applicable
to asbestos abatement work and shall give all notices and comply with all laws, ordi-
nances, rules, and regulations applicable to the work. If the Contractor observes that the
Specifications or plans are at variance therewith, he shall give written notice to the
Owner’s Representative describing such variance. If the Contractor performs any work
knowing it to be contrary to such laws, ordinances, rules, and regulations, and without
written notice to the Owner’s Representative, he shall bear all costs arising therefrom.
The Subcontractor’s particular attention is directed to the applicable Cal-OSHA regula-
tions found in 8 CCR 1529 and the necessity of complying with the regulations in the
progress of his work. Failure or omission on the part of the Contractor, or any of their
representatives, either to discover or to bring to the attention of the Owner any deviation
from, omission from, or noncompliance with the requirements for asbestos abatement
shall not be used by the Contractor as defense for failure on his part to fulfill such re-
quirements.
1.7. Products
Polyethylene sheeting in sizes to minimize the frequency ofjoints.
Tape: Glass fiber or other tape capable of sealing joints of adjacent plastic sheets and
for attachment of plastic sheeting to finshed or unfinished surfaces of dissimilar mate-
rials under both dry and wet con&tions.
irritating to skin and eye, and non-carcinogenic. The wetting agent shall consist of 50%
polyoxyethylene or polyglycol ester and 50% polyoxyethylene ether, or the equivalent.
Wetting agents shall be applied by means of an airless sprayer or equal.
Encapsulant: Shall conform to USEPA requirements, shall contain no toxic or hazard-
ous substances and no solvents.
Impermeable Containers: Air and water-tight, suitable to receive and retain any asbes-
tos-containing or contaminated materials until disposal at an approved site and labeled
in accordance with applicable Cal-OSHA regulations (CCR Title 8, 8 1529). Two types
of impermeable containers shall be used
o Six (6) mil plastic bags
o Metal or fiber drums with tightly fitting lids.
Surfactant (Wetting Agent): Shall consist of materials that are non-toxic and non-
Warning Labels and Signs: In conformance with applicable Cal-OSHA regulations
(CCR Title 8, 5 1529).
1-8
City of Carlsbad
HBMM Plan Pine Elementary School,
Maintenance Facility, and Residential Properties
April 1,2002
Project No. 104567002
Other Materials: Provide all other materials, such as lumber, nails, and hardware that
may be required to construct and dismantle the decontamination area and the barriers
that isolate the Work area
1.8. Execution
Material Handling
o Deliver materials in the original packages, containers, or bundles bearing the name
o Store materials subject to damage off the ground, away from wet or damp surfaces,
o Remove all ACM from the premises. Dispose of materials that become contami-
of the manufacturer and the brand name.
and under cover sufficient to prevent damage or contamination.
nated with asbestos in accordance with applicable regulatory standards.
0 Equipment
o Respirators: Contractor shall provide workers with personally issued and marked
respiratory equipment approved by National Institute of Safety and Health
(NIOSH) and meeting the specifications of Cal-OSHA. This respiratory equipment
shall be suitable for the asbestos exposure level in the Work area according to CCR
Title 8, 3 1529 (i). The Contractor shall provide disposable HEPA (P100) car-
tridges as required, with sufficient replacement cartridges.
o Personal Protective Equipment: Contractor shall provide workers, Owner, and au-
thorized visitors with sets of protective disposable clothing, head covers, gloves,
eye protection and foot covers of sizes to properly fit individual workers and visi-
tors whenever they are required to enter the Work area. Provide access and use of
the Contractor’s change room. Provide a minimum of four sets per day for visitors
and sufficient sets as required for workers and Owner. The personal protective
equipment shall remain the property of the Contractor.
o Change Rooms: Provide a temporary unit with a separate equipment room, decon-
tamination locker room, and a clean locker room for personnel required to wear
whole body protective clothing.
+ Separate each room from the others and from the control area by airlocks. + Provide two separate lockers for each asbestos worker, one in each locker room. + Keep street clothing and street shoes in the clean locker. + Vacuum and remove asbestos-contaminated disposable protective clothlng
while still wearing respirators in the equipment room. Seai clothing in imper-
meable bags or containers for disposal.
room.
+ Do not remove disposable protective clothing in the decontamination locker
+ Remove cloth work clothing in the decontamination locker room.
1 -9
City of Carlsbad
HBMM Plan Pine Elementary School,
Maintenance Facility, and Residential Properties
April 1,2002
Project No. 104567002
+ Tag and bag cloth work clothes for laundering and keep work shoes in the de-
+ Do not wear work clothing between home and work. + Provide showers with hot and cold water. + Locate showers between the decontamination locker room and the clean locker
room, and require employees to shower before changing into street clothes. + Shower wastewater shall be handled and disposed as asbestos-containing mate-
rial or shall be filtered through a final filter of at least 0.5 micron particle size
collection capability before disposal into the sanitary sewer system.
contamination locker room.
+ Handle and dispose of wastewater filters as asbestos-containing material. + Clean asbestos-contaminated work clothing in accordance with CCR Title 8,
+ Change rooms shall be physically attached to the Work area wherever feasible
5 1529 or use disposable clothing
and required.
o Eye Protection: Furnish goggles for personnel engaged in asbestos operation when
a full face respirator is not being used.
o Caution Signs and Labels: Provide caution signs printed in English and Spanish at
approaches to asbestos Work areas. Locate signs at such distance that personnel
may read the sign and take the necessary precautions before entering the Work
area. Provide caution labels printed in English and Spanish. Affix labels to asbestos
materials, scrap, waste, debris, sealed impermeable bags, asbestos waste drums,
and other asbestos-containing products. Caution signs and labels shall conform to ,
the requirements defined in CCR Title 8, 4 1529.
of the following locations;
+ At each electrical panel. + At each comer of the Work area. + Within 5 feet of the external entry to the shower room from the Work area. + Within 5 feet of the external entry to the shower room from the “clean room.”
Tools and Local Exhaust System: Provide the local exhaust system in accordance with
o A minimum of one 4N60BC dry chemical extinguisher shall be maintained at each
ANSI 29.2 and as specified herein.
o Provide a local exhaust system in each Work area.
o Filters on vacuums and exhaust equipment shall be absolute HEPA filters and UL
o Provide local exhaust equipment designed for a minimum of one Work area air
586 labeled.
change every 15 minutes and additional air change flow rate sufficient to maintain
a minimum pressure differential of minus 0.02 inches of water column relative to
adjacent, unsealed areas. Local exhaust equipment shall be operated 24 hours per
day until the asbestos control area is removed. The Contractor is responsible for
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City of Carlsbad
HBMM Plan Pine Elementary School,
Maintenance Facility, and Residential Properties
April 1,2002
Project No. 104567002
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providing all necessary manpower and/or equipment including but not limited to
emergency power, security and fire watch to ensure 24-hour operation.
Additional Ventilation Units: Provide Local Exhaust Systems to the site in accor-
dance with these Specifications for use inside the containment in the event
engineering controls are not effective in controlling the fiber count below the PEL
during the removal process. The unit(s) shall be place inside the containment as an
addition filtration in a manor to move the air away from the workers breathing
zones and towards the exhaust unit@.).
Backup Ventilation Units: Provide at a minimum one additional Local Exhaust Sys-
tem for up to every 10 units on the site for replacement if a ventilation unit fails to
operate properly. These backup units must be stored on site during the entire project
duration.
Provide a manometer-type or magnehelic-type negative pressure differential moni-
tor with minor scale divisions of 0.02 inches of water and accuracy within plus or
minus one percent.
Calibrate the manometer daily and as recommended by the manufacturer.
Furnish recorded readings of the pressure differential between locations in the
Work area and adjacent unsealed areas at the beginning of each workday and every
2 working hours thereafter.
Pressure differential readings shall be taken at several points inside the Work area
including the fixthest point from the local exhaust equipment.
The local exhaust system shall be operated continuously, 24-hours per day, until
the asbestos control area enclosure is removed.
Replace filters as required to maintain the efficiency of the system.
The building heating, ventilating, and air conditioning (HVAC) system shall not be
used as the local exhaust system for the Work area.
Worker Protection
o Prior to commencement to work, all workers shall be instructed and shall be
knowledgeable in the appropriate procedures of personal protection and asbestos
removal.
o Contractor shall be solely responsible for enforcing worker protection require-
ments.
o Reporting Unusual Events: When an event of unusual and significant nature occurs
at the site, Contractor shall prepare and submit a special report listing chain of
events, persons participating, responses and similar pertinent information. When
such events are known or predictable in advance, advise the Owner at the earliest
possible date.
work is in progress, the Contractor shall prepare and submit appropriate reports to
the Owner. For this purpose, a significant accident is defined to include events
where personal injury is sustained, or property loss of substance is sustained.
o Reporting Accidents: If a significant accident occurs at the site or anywhere else
1-11
City of Carlsbad
HBMM Plan Pine Elementary School,
Maintenance Facility, and Residential Properties
April 1,2002
Project No. 104567002
General Work Area Requirements
o Workers shall always wear a respirator properly fitted on the face while in the
Work area. Workers wearing tight-fitting face pieces shall be clean-shaven to the
extent that the hair does not interfere with the sealing surface of the respirator. This
must be documented by a standard respirator fit test.
o The Contractor shall instruct and train workers in proper respirator use.
o Workers shall wear disposable, full-body coveralls and disposable head covers and
footwear suitable for asbestos work in the Work area.
Decontamination Unit Requirements: At all Work areas, the Contractor shall set up a
change room, shower and equipment room outside the Work area. Where feasible and
required the change room, shower and equipment room will be attached to the Work
area. All workers without exception shall:
o Remove and properly store street clothes in the change room and put on new dis-
posable coveralls, head covers, footwear and cleaned respirator before entering the
Work area.
o Remove the disposable coveralls, head covers, and footwear in the equipment room
and dispose them in an appropriate asbestos waste container. Still wearing their
respirators, workers shall proceed to the showers and remove their respirators while
showering with soap and tempered water. Wetted HEPA respirator cartridges shall
be disposed of in appropriate asbestos containers.
area.
o This procedure shall be followed each time a worker enters or leaves the Work
o Workers shall not eat, drink, smoke, or chew gum or tobacco in the Work area.
o The Contractor shall provide disposable coveralls, head covering, and footwear to
o All persons entering the Work area shall wear an approved respirator and dispos-
any official representative of the Owner who inspects the project.
able coveralls, head covering, and footwear.
Daily personal air monitoring shall be conducted by the Contractor in order to deter-
mine the airborne concentrations of asbestos to which workers may be exposed.
Sign-IdSign-Out Log & Daily Activity Report
o Contractor shall maintain a sign-idsign-out log in the immediate vicinity of the
change room of any decontamination area. This log shall be maintained from the
time the first activity is performed involving the disturbance of asbestos-containing
material until acceptance of the final air test results. All persons entering the Work
area, including the Contractor’s workers, Owner, Owner’s consultants, and Gov-
ernment officials, shall be required to sign in and out each time upon entering and
leaving the Work area. All persons shall indicate name, time, company or agency
represented, and reason for entering the Work area.
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City of Carlsbad
HBMM Plan Pine Elementary School,
Maintenance Facility, and Residential Properties
April 1,2002
Project No. 104567002
o Contractor shall maintain a daily activity report describing work performed, mate-
rials and methods used, inspections made, test taken, and any unusual conditions or
problems.
o Except for governmental inspectors having jurisdiction, no visitors shall be allowed
in any work area, except as authorized by the Owner.
Housekeeping
o The Contractor shall at all times keep the premises free from accumulation of waste
materials or rubbish caused by their employees. Bags of asbestos material and other
waste material shall be removed immediately at the completion of work. Maintain
surfaces of the Work area free of debris and keep waste from being distributed out-
side of the immediate Work area.
tem. Asbestos waste containers shall not be removed through the change rooms.
The waste container removal system shall consist of a washdown station inside the
Work area, a washroom, and a waste container holding area. Provide airlocks be-
tween each area and an airlock with access to outside the Work area from the
holding areas. Provide caution signs as specified herein for asbestos Work areas.
The waste container removal system shall be a temporary unit constructed to pre-
vent the escape of asbestos fibers from the area. The system shall be physically
attached to the Work area. Personnel entering the waste container removal system
shall wear personal protective equipment. The system shall not be used to enter or
exit the Work area. Access to outside the waste container removal system shall be
sealed except during the removal of asbestos waste containers. Perform cleanup of
the waste container removal system as specified herein for enclosed Work areas.
Do not remove the waste container removal system enclosure and caution signs
prior to receipt of the Owner’s clearance certification. All asbestos waste containers
shall be removed from the Work area daily.
o Procedure for Disposal of Asbestos: Do not remove any asbestos-containing mate-
rials from the site without approval from the Owner. Procedure for hauling and
disposal of asbestos waste shall comply with 40 CFR 61, Subpart M and CCR Title
22, and San Diego County Air Pollution Control District (APCD) Rule 361.140.
o Removal of Asbestos Waste Containers - Provide a waste container removal sys-
Work Area Preparation
o Provide Waming Signs meeting regulatory requirements at each visual and physical
barrier.
o Where appropriate, the Contractor shall seal.all openings with a 6-mil minimum
polyethylene containment barrier to prevent leakage of air into the outside envi-
ronment or other portions of the building. Individually seal ventilation openings in
walls (supply and exhaust), wall mounted fixtures, doorways, windows, convectors,
and other wall and floor openings into the Work Area with adhesive tape alone or
1-13
City of Carlsbad
HBMM Plan Pine Elementary School,
Maintenance Facility, and Residential Properties
April 1,2002
Project No. 104567002
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with 2 layers of polyethylene sheeting at least 6-mil (true), taped securely in place
with adhesive tape.
The Contractor shall pre-clean movable objects to be salvaged for the Contractor
within the proposed Work areas using HEPA vacuum equipment or wet cleaning
methods as appropriate. The Contractor shall move such items to storage or other
area as directed by the Owner.
The Contractor shall pre-clean immovable objects, such as mechanical and electri-
cal equipment and fixtures, within proposed Work area using HEPA vacuuming
equipment or wet cleaning methods as appropriate
Prior to placing plastic sheeting, clean the Work area@) and immediately adjacent
areas physically connected to abatement areas using HEPA vacuum equipment or
wet-cleaning methods as appropriate. Do not use methods that raise dust such as
broom sweeping or vacuuming with non-HEPA equipped vacuum cleaners
Contain Work Areas with two layers of 4-mil plastic sheeting on walls and ceilings,
and two layers of 6 mil plastic sheeting on floors, or as otherwise directed in writ-
ing by the Asbestos Consultant.
Install as a drop cloth a 6-mil sheet of plastic in areas where asbestos removal work is
to be carried out. Completely cover floor with sheet plastic. Where the work is within
10 feet of a wall, extend the drop cloth up wall. Support sheet plastic on wall with duct
tape, seal top of drop cloth plastic to Primary Barrier with duct tape so that debris is
unable to get behind it. Provide cross strips of duct tape at wall support as necessary to
support sheet plastic and prevent its falling during removal operations. Remove drop
cloth at end of each work shift or as work in an area is completed.
The Contractor shall construct worker and waste container/equipment decontamina-
tion units in compliance with EPA guidelines. Provide sufficient numbers of
lockers in change or “clean” rooms or workers’ clothing with one locker reserved
for Owner personnel.
The Contractor shall establish emergency exits and procedures for the Work area,
satisfactory to fire officials and provide fire extinguishers as required.
The Contractor shall ensure that barriers and plastic enclosures remain effectively
sealed and taped. Inadvertent tears in plastic shall be repaired with fiber tape and
the tear covered by plastic applied with spray adhesive, overlapping the tear by 6
inches on all sides.
If during performance of abatement work suspect ACM is observed outside of
abatement enclosures, or if damage occurs to the enclosure barrier@), work shall
stop immediately upon discovery, appropriate repairs will be made (by Contractor),
and all such debris will be collected using appropriate vacuums and wet methods.
Prior to the commencement of abatement activities, background air samples will be
collected throughout the work area to determine airborne fiber concentrations. The
number of samples collected will equal 1 sapleiper 2002 square feet of work area.
These samples will be analyzed utilizing Phase Contrast Microscopy (PCM).
1-14
City of Carlsbad April 1,2002
HBMM Plan Pine Elementary School, Project No. 104567002
Maintenance Facility, and Residential Properties
1.9. Asbestos Removal
General: In a Work area, the Contractor shall:
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Remove and dispose of all asbestos containing materials in accordance with the
methods and procedures outlined in CCR Title 8, $ 1529.
Where appropriate, place airtight, enclose Work areas under differential air pres-
sure for the duration of the asbestos removal and subsequent cleaning phases and
until all removal areas have been air-tested and found to be in compliance with the
specified final air quality clearance level as determined by the Owner.
Perform appropriate cleaning using HEPA vacuum or wet cleaning methods of all
areas physically connected to areas receiving asbestos removal.
Dispose of all contaminated or otherwise removed materials and wastes in sealed
and labeled containers in an approved sanitary landfill.
Never use high pressure water streams to remove any type of ACM or ACCM.
After removal all surfaces shall be wet-cleaned and HEPA vacuumed to remove re-
sidual accumulated material. After cleaning, surfaces shall appear free of visible
material.
Prior to the removal of the plastic sheeting from the wall and floor surfaces, apply
approved sealant on all concrete substrates, structural steel, and piping surfaces
from which the material was removed and to plastic sheeting prior to its removal.
Following related repair work remove any remaining floor and wall plastic, includ-
ing seals on openings, and dismantle worker waste containedequipment
decontamination areas and leave all areas clean.
Eating, smoking or applying cosmetics shall not be permitted in the Work areas.
During removal and clean up activities, air samples will be collected inside the
work area, in the clean room, at the pressure differential exhaust, and outside the
work area adjacent to critical barriers. Samples should be collected in these loca-
tions on a daily basis, whenever abatement activities are undertaken. These samples
will be analyzed utilizing PCM.
0 Removal of OSHA Class I Materials within a Negative Pressure Enclosure System WE).
o A NPE will be used for the removal of spray-on acoustic ceiling, spray-on fire-
proofing, drywall, and the removal and/or decontamination of ceiling tile, ceiling t-
grid system, and attached fixtures within building(s).
NPE shall be inspected for breaches and smoke-tested for leaks by the Asbestos
Consultant. Any leaks detected will be sealed by the Contractor.
o Electrical circuits in the enclosure shall be deactivated and locked out. Temporary
power and portable lighting sources will be provided from outside the work area;
insure safe installation (including using ground fault circuit interrupters (GFCI) of
o Before beginning work within the enclosure and at the beginning of each shift, the
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City of Carlsbad
HBMM Plan Pine Elementary School,
Maintenance Facility, and Residential Properties
April 1,2002
Project No. 104567002
temporary power sources and equipment by compliance with all applicable electri-
cal code requirements and Federal, state and local requirements.
o Thoroughly wet to satisfaction ofAsbestos Consultant, ACM prior to removal. Ac-
complish wetting by a fine spray (mist) of amended water or removal encapsulant
applied with airless spray equipment.
airborne fiber levels. Apply mist with airless spray equipment
o Mist work area continuously with amended water whenever necessary to reduce
Removal of OSHA Class I Materials within Glovebags
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At least two persons shall perform the removal for each glovebag or glovebag in
operation.
Check pipe where the work will be performed. Wrap damaged (broken lagging, hang-
ing, etc.), pipe in two layers of 6-mil plastic and “candy-stripe” with adhesive tape.
Place a drop cloth on surfaces beneath the pipe insulation to be removed.
Place one layer of adhesive tape around undamaged pipe at each end where the
glovebag will be attached. If the pipe insulation is not ACM, remove pipe insula-
tion approximately three inches on either side of the point of attachment. Then
proceed with the attachment of the glove bag directly to the pipe.
Slit top of the glovebag open (if necessary) and cut down the sides to accommodate
the size of the pipe (about 2 inches longer than the pipe diameter).
Place necessary tools into pouch located inside glovebag.
Seal glovebag.
Request that the Asbestos Consultant perfom a smoke tube test. If leaks are found,
tape close using adhesive tape and re-test.
Insert wand from garden sprayer through water sleeve. Adhesive tape water sleeve
tightly around the wand to prevent leakage. Attach HEPA vacuum hose to the
glovebag and seal.
Remove insulation using putty hives or other tools. Place pieces in bottom of bag
without dropping.
Rinse tools with water inside the bag and place back into pouch.
Using scrub brush, rags and water, scrub and wipe down the exposed pipe.
Remove water wand. Turn on the vacuum only briefly to collapse the bag.
Remove the vacuum nozzle, twist water sleeve closed and seal with adhesive tape.
From outside the bag, pull the tool pouch away from the bag. Place adhesive tape
over twisted portion and then cut the tool bag from the glovebag, cutting through
the twisted-taped section. Contaminated tools may then be placed directly into next
glovebag without cleaning.
Alternatively, tool pouch with the tools can be placed in a bucket of water, opened un-
derwater, and tools cleaned and dried. Discard rags and scrub brush with asbestos
waste.
With removed insulation in the bottom of the bag, twist the bag several times and tape
it to keep the material in the bottom during removal of the glovebag from the pipe.
City of Carlsbad
HBMM Plan Pine Elementary School,
Maintenance Facility, and Residential Properties
April 1,2002
Project No. 104567002
o Slip a 6-mil disposal bag over the glovebag (still attached to the pipe). Remove tape
or cut bag and open the top of the glovebag and fold it down into disposal bag.
o HEPA vacuum the drop cloth and place into disposal bag.
o If a removal encapsulant is used, test to insure it will neither leave a residue that
o Seal exposed ends of remaining pipe insulation.
o Remove disposable suits and place these into bag with waste.
o Collapse the bag with a HEPA vacuum, twist top of bag, seal with at least three wraps
o Request that the Asbestos Consultant conduct a visual inspection of the removal area.
will impede visual inspection nor become gummy during cleaning.
of adhesive tape, bend over and seal again with at least three wraps of adhesive tape.
1.10. Closure
ACM should be placed in labeled, leak-tight containers and/or wrapping. The labels
shall contain all information as specified by the Occupational Safety and Health Stan-
dards of the Department of Labor, OSHA under 1926.1 lOlQ(2)(iii) and Title 8,
Section 5229, and any local regulations.
For temporary storage on site, ACM shall be stored in a secured area. The area shall be
demarcated with Asbestos Warning Signs.
Work areas and all other decontaminated areas and cleaned areas shall be considered
clean when a) the Work area passes a visual inspection by the consultant and b) air test-
ing performed by the consultant employed by the Owner, shows 0.01 or less fiberdcc
(or background levels) of air using standard test methods of Phase Contrast Microscopy
(PCM), NIOSH Analytical Method Number 7400.
Areas that do not comply with the standard of cleaning for final clearance shall continue
to be cleaned by and at the Contractor’s expense until the specified standard is achieved
as evidenced by results of air sampling tests by the Owner. The costs of all follow-up
tests necessitated by the failure of the air tests to meet the cleaning criteria shall be
borne by the Contractor; the Owner will deduct the cost of such follow-up tests from
whatever moneys remain due to the Contractor. Follow-up testing shall occur within the
time allotted for gross removal or all costs to the Owner of the building attributable to
delayed occupancy or usage shall be borne by the Contractor.
When the clearance of 0.01 f/cc (or less) is achieved and an inspection determines that
the area has been visually decontaminated, the decontamination enclosure systems shall
be removed, the area thoroughly wet cleaned, and materials from the equipment room
and shower disposed of as contaminated waste. The remaining barriers between con-
taminated and clean areas and all seals on openings into the Work area and fixtures
shall be removed and disposed of as contaminated waste.
All plastic sheeting, tape, cleaning material, clothing, and all other disposable material
used in the asbestos removal operation or items used in the Work area shall be packed
into sealable 6-mil plastic bags. These bags must be marked with labels as required by
Cal-OSHA in CCR Title 8, 5 1529.
1-17
City of Carlsbad
HBMM Plan Pine Elementary School,
Maintenance Facility, and Residential Properties
April 1,2002
Project No. 104567002
~ ~
2. PCB LAMP BALLASTS, NON-PCB LAMP BALLASTS, LEAKING PCB LAkIP
BALLASTS, FLUORESCENT AND HTD LAMPS AND MERCURY-CONTAINING
ELECTRICAL DEVICES REMOVAL AND DISPOSAL SPECIFICATIONS
2.1. Proiect Description - - The removal of the above-listed equipment that were identified at the site buildings, lo-
cated in Carlsbad, California. The equipment were identified during a hazardous
building materials survey dated January, February, and March, 2002. Tables summariz-
ing the equipment are included in Appendix A.
The contractor shall provide all labor, materials, equipment, transportation, documenta-
tion and services necessary for the destruction of all ballasts, fluorescent lamps or HID
lamps, and mercury-containing electrical devices specified herein.
The contractor shall provide waste reduction, recycling, refining and disposal of light-
ing retrofit waste defined as a specific material classification (i.e. non-leaking
polychlorinated biphenyl (PCB) ballasts, leaking PCB ballasts, non-PCB ballasts, fluo-
rescent lamps, HID lamps, or mercury-containing electrical devices).
All ballasts, lamps, and electrical devices shall be placed in Department of Transportation
(DOT)-approved containers provided by the Contractor and transported to a federal or state
approved processing facility.
The PCB-containing portions of the ballasts shall be separated from the non-PCB por-
tions. A Toxic Substances Control Act (TSCA)-permitted incinerator shall dispose of all
PCB-containing material. The non-PCB portions shall be processed to reclaim recycla-
ble components such as iron, steel, copper, and aluminum. Landfill of any PCB waste,
including capacitors, potting compound and process debris is prohibited under the terms
of this contract.
Fluorescent lamps, HID lamps, or mercury-containing electrical devices shall be proc-
essed to reclaim recyclable components such as glass and aluminum end caps at a
facility approved in accordance with 40 Code of Federal Regulations (CFR) 264.1. All
phosphor powder and mercury shall be retorted by a federal or state approved process-
ing facility in accordance with 40 CFR 268.42.
While estimated quantities of these materials can be found in Appendix A, all materials
shall be determined by the bidder and no claim for additional cost will be accepted by
the Owner as a result of quantities of materials to be removed except those provided for
in these Specifications. Also, all transportation costs shall be included.
2.2. Applicable Regulations
The applicable sections, latest editions and addenda of the following government regulations,
codes, industry standards and recommended practices, form a part of this specification. Noth-
ing in these specifications is to be construed as permitting work not conforming to these
regulations:
DOT Title 49, CFR Part 173, Subpart J.
EPA Title 40, CFR, Parts 261, 262,263,264,268 and 761 or any other section which
may be applicable to this bid.
4J67W2qrc revid 4 24 02.doc 2-1
City of Carlsbad
HBMM Plan Pine Elementary School,
Maintenance Facility, and Residential Properties
April 1,2002
Project No. 104567002
Federal OSHA Title 29, CFR, Part 1910.
State Occupational Safety and Health Administration.
National Electric Code (NEC).
All applicable county and city codes, ordinances and regulations,
The contractor is cautioned that helshe is responsible for ascertaining the extent to which these
regulations affect the operations resulting from the solicitation and to comply therewith.
2.3. Contractor
The following submittals are not required as part of the bid process, but shall be submitted
prior to award of the contract.
The contractor shall provide written evidence that, as a major part of their business, the
contractor or its subconsultant has been engaged in PCB disposal activities and/or haz-
ardous waste disposal activities (as it may apply to fluorescent and HID lamps and
mercury-containing electrical devices), including processing and destruction of PCB
ballasts, fluorescent and HID lamps, and/or mercury-containing electrical devices. Re-
lated activities shall include transportation, EPA required documentation, servicing and
storage of high and low concentrations of PCB fluids and solids, and destruction of
PCB carcasses. The evidence is to take the form of commercial storage and incineration
or alternative disposal approvals in accordance with 40 CFR 761.60, 761.65 or 761.70
and/or EPA and/or state approvals, in accordance with RCRA standards and guidelines
presented in 40 CFR 264 and 265.
The contractor shall submit a reference list of representative projects they have success-
fully contracted with for PCB disposal services and mercury lamp disposal. The
customers' names, addresses, telephone numbers and company contacts shall be pro-
vided.
The contractor shall provide evidence that reclaimed aluminum, copper, iron steel
and/or glass are packaged to buyer's specifications and sold for the purpose of remanu-
facturing; contractor shall provide a copy of the most recent shipping document to
verify sale of reclaimed materials.
Contractor must provide blank copies of the following:
o Invoice packet
+ Invoice + Letter of material receipt + Copy of inbound shipping manifest
o Recycling and disposal packet
+ Copy of outbound shipping manifest + Certificate of recycling + Certificate of disposal
2-2
City of Carlsbad
HBMM Plan Pine Elementary School,
Maintenance Facility, and Residential Properties
April 1,2002
Project No. 104567002
Contractor must supply a statement of qualifications, which provides the following de-
tails:
o Facility-specific information
t Company profile
t Resumes of management and key personnel
t Management organization chart
t Copy of permit to operate a fluorescent lamp recycling facility
t Closure plan and corresponding financial assurance
t EPA approval to operate as a commercial storer of PCB waste, per 40 CFR 761.65
t Copy of EPA's Letter of Approval and authorization of contractor's "Alternative
Disposal Technology" in accordance with 40 CFR 761.60 (e). For purposes of
recycling PCB and non-PCB ballast waste, proof of EPA approval of recycling
methods and processes is mandatory, or a copy of EPA's letter of approval, and
with 40 CFR 761.70
authorization for contractor to engage in incineration activities in accordance
o PCB ballast disposal services
t Regulatory assistance and compliance
t Transportation capabilities
t Waste storage, processing and disposal capabilities
i. Applicable facility siting and specifications [40 CFR761.65@)]
ii. Applicable facility engineering documents (SPCC, SPPP, contingency plan, etc.)
t Metals recycling and trade experience
t Personnel resources
t Auxiliary resources
o Mercury-containing lamp and electrical device disposal services
t Regulatory assistance and compliance
t Transportation capabilities
t Waste storage, processing and disposal capabilities
i. Applicable facility siting and specifications
ii. Applicable facility engineering documents
o Key support capabilities
t Project management experience
t Waste analysis/materials testing
i. On-site lab
(a). Laboratory Quality Assurance/Quality Control (QNQC) plan
(b). State certification
ii. Off-site lab
4567W2rpcc mkd 4 14 02.dor 2-3
City of Carlsbad
HBMM Plan Pine Elementary School,
Maintenance Facility, and Residential Properties
April 1,2002
Project No. 104567002
(a). State certification
(c). Copy of contract with facility @I. QNQC plan
+ QMQC
i. Verification of laboratory service for monitoring of resale materials
(a). Verify ballast reclaimables < 2 ppm PCB
(b). Verify lamp reclaimables < 0.2-ma mercury per TCLP testing
t Occupational health and safety plan
t Training programs
t Waste tracking systems
2.4. Use of Subcontractors
0 When any portion of the contract is to be performed or handled by other than the bidder
specifically referenced herein, the bidder shall identify in the submission of its bid, the
name, address, and phone number of any and all subcontractors, etc., and shall identify
exactly what each subcontractor will be doing.
Subcontractors must meet the approval of the owner. Subcontractors must comply with
all terms and conditions as specified herein and must have insurance coverage applica-
ble to the work performed and described herein.
owner prior to the onset of any work being performed, and the owner must approve in-
cineration facilities utilized by the contractor during the term of the contract. Requests
for approval must be made in writing and must be directed to the owner or owner’s rep-
resentative.
Any changes in subcontractors or disposal sites must be submitted in writing to the
2.5. Containerizing and Marking
All PCB ballasts and hazardous materials generated from project activities and cleanup
operations shall be placed in EPA specified containers. Only approved drums, conform-
ing to EPA specifications (DOT 17C) shall be used to containerize leaking and non-
leaking ballasts.
All containers used shall be properly sealed, marked, labeled and dated.
0 Ballasts that are visibly leaking shall be packaged separate from those ballasts, which
Contractor shall include pricing for DOT 17C or POPS equivalent containers.
2.6. Transportation to Destruction/Servicing Facilities
All ballasts shall be transported to a TSCA permitted processing/destruction facility.
0 All PCB-containing capacitors, components, debris and potting compound shall be
transported to a TSCA permitted incineration facility for ultimate destruction.
do not show visible signs of leakage.
2-4
City of Carlsbad
HBMM Plan Pine Elementary School,
Maintenance Facility, and Residential Properties
April 1,2002
Project No. 104567002
For the disposal of leaking PCB ballasts and associated waste, the contractor and/or
subcontractor and vehicles must be licensed for the transportation and hauling of regu-
lated materialshazardous waste. The drivers of these vehicles shall be trained in the
laws, rules, and regulations governing the transportation of PCB materials. The vehicles
must be plainly marked as specified by DOT, EPA, State Department of Health Ser-
vices, State Police and State Department of Transportation.
2.7. Documentation
The contractor shall provide the owner with comprehensive information on all fms to
be involved in PCB related work activities as part of this contract prior to commence-
ment of the project. Such information shall include a minimum of:
o Name, address, telephone number and EPA ID number, state transporter's ID num-
ber and hauler registration number of the fm(s) responsible for the transportation
of PCB solids and fluids and/or ballast containers.
o Name, address, telephone number and EPA ID number of the firm(s) responsible
for storage and/or ultimate disposalldestruction of all PCB articles and any other
hazardous waste generated in the course of the work. Also, indicate the EPA region
number and the name and telephone number of an EPA regulatory contact familiar
with each handling and disposal site.
o Name, address, telephone number, and EPA ID number of the h(s) responsible for
the ultimate final destruction of the ballasts and reclamation of recyclable components.
The contractor shall provide the owner with comprehensive documentation of all work
activities upon completion of the work and prior to find payment. Such documentation
shall include a minimum of:
o Type and size of containers, contents, weight or unit of measure, date transported
and name, address, telephone number, EPA ID number, and copy of permit cover
letter of processing and/or disposal facility.
of material at the disposaVincineration facility. The person authorized by the dis-
posalhcineration facility to accept PCB items for disposal shall sign such
certification.
o Written certification, i.e., uniform hazardous waste manifest demonstrating receipt
o Certificates of destruction for PCB liquids, solids and ballast carcasses.
4561W2aps rcviaal4 24 Q2.&s 2-5
City of Carlsbad
HBMM Plan Pine Elementary School,
Maintenance Facility, and Residential Properties
April 1,2002
Project No. 104567002
3. POWER GENERATION EQUIPMENT, POWER TRANSMISSION EQUIPMENT,
POWER DISTRIBUTION EQUIPMENT, OTHER EQUIPMENT POTENTIALLY
CONTAINING PCBS, AND PCB DEBRIS AND PPE
3.1. Project Description
The removal of the above-listed equipment that were identified at the subject buildings,
located in Carlsbad, California. The equipment were identified during hazardous build-
ing materials surveys conducted in February and March, 2002. Tables summarizing the
equipment are included in Appendix A.
The contractor shall provide all labor, materials, equipment, transportation, documenta-
tion and services necessary for the destruction of all electrical equipment and associated
items, debris, and waste specified herein.
The contractor shall provide waste reduction, recycling, refining and disposal of electrical
equipment waste defined as a specific material classification (i.e., transformers, capacitors,
bushings, cable, oil, water, soil, personal protection equipment (PPE). All PCB, PCB-
contaminated, or PCB fie).
All materials shall be placed in DOT-approved containers provided by the contractor
and transported to a federal or state approved processing facility.
The PCB-bearing portions of the material shall be separated from the non-PCB por-
tions. A TSCA permitted incinerator shall dispose of all PCB-containing material. The
non-PCB portions shall be processed to reclaim recyclable components such as iron,
steel, copper, and aluminum. Landfill of any PCB waste, including (but not limited to)
capacitors, oil, process debris, PPE, and soil is prohibited under the terms of this con-
tract.
The contractor may assume that the attached inventory list represents, approximately,
the material to be processed under the terms of this contract. Also, all transportation
costs shall be included in the disposal cost.
3.2. Applicable Regulations
The applicable sections, latest editions and addenda of the following government regu-
lations, codes, industry standards and recommended practices, form a part of this
specification. Nothing in these specifications is to be construed as permitting work not
conforming to these regulations and other applicable regulations.
o DOT Title 49, CFR, Parts 100 et. seq., dangerous goods regulations, Parts 500 et.
o EPA Title 40, CFR, Parts 50 et. seq., Air Regulations, Parts 100 et. seq., NPDES
seq., highway safety regulations.
regulations, Parts 240 et. seq., solid and hazardous waste treatment, storage, and dis-
posal regulations, Parts 300 et. seq., oil, CERCLA, SARA, EPCRA regulations, Parts
400 et. seq., effluent and pretreatment regulations, Part 761, PCB regulations.
o Federal OSHA Title 29, CFR, Parts 1903, 1904, 1910 et. seq., inspections, record
keeping, and industrial safety.
o National Electric Code (NEC).
o National Fire Prevention Association code.
3-1
City of Carlsbad
HBMM Plan Pine Elementary School,
Maintenance Facility, and Residential Properties
April 1,2002
Project No. 104567002
o Life Safety code.
o All applicable state, county, and city codes, ordinances, and regulations.
o The contractor is cautioned that he/she is responsible for ascertaining the extent to
which these regulations affect the operations resulting from the solicitation and to
comply therewith.
3.3. Contractor
The following submittals are not required as part of the bid process, but shall be submitted
prior to award of the contract.
0 The contractor shall provide written evidence that, as a major part of their business, the
contractor or its subconsultant has been engaged in PCB disposal activities, including
processing and destruction of PCB equipment. Related activities shall include transporta-
tion, EPA required documentation, servicing and storage of high and low concentrations
of PCB fluids and solids, and decontamination and destruction of PCB carcasses. The
evidence is to take the form of commercial storage and incineration or alternative disposal
approvals in accordance with 40 CFR 761.60,761.65 or 761.70 andor EPA andor state
approvals, in accordance with RCRA standards and guidelines presented in 40 CFR 264
and 265.
The contractor shall submit a reference list of representative projects they have success-
fully contracted with for PCB disposal services. The customers' names, addresses,
telephone numbers and company contacts shall be provided.
0 The contractor shall provide evidence that reclaimed aluminum, copper, iron steel
andor glass are packaged to buyer's specifications and sold for the purpose of remanu-
facturing; contractor shall provide a copy of the most recent shipping document to
verify sale of reclaimed materials.
Contractor must provide blank copies of the following:
o Invoice packet
t Invoice + Letter of material receipt
t Copy of inbound shipping manifest
o Recycling and disposal packet
+ Copy of outbound shipping manifest
t Certificate of recycling
t Certificate of disposal
Contractor must supply a statement of qualifications, which provides the following de- tails:
o Facility-specific information
t Company profile
t Resumes of management and key personnel
t Management organization chart
3-2
City of Carlsbad
HBMM Plan Pine Elementary School,
Maintenance Facility, and Residential Properties
April 1,2002
Project No. 104567002
t Copy of permit to operate a fluorescent lamp recycling facility
t Closure plan and corresponding financial assurance
t EPA approval to operate as a commercial storer of PCB waste, per 40 CFR
761.65
o PCB ballast dsposal services
t Regulatory assistance and compliance
t Transportation capabilities
t Waste storage, processing and disposal capabilities
i. Applicable facility siting and specifications [40 CFR761.65@)]
ii. Applicable facility engineering documents (SPCC, SPPP, contingency
plan, etc.)
t Metals recycling and trade experience
t Personnel resources
t Auxiliary resources
o Key support capabilities
t Project management experience
t Waste analysis/materials testing
(a). Laboratory QNQC plan
@). Chain of Custody plan
i. On-site lab
ii. Off-site lab
(a). State certification
(c). Copy of contract with facility @I. QNQC plan
QMQC
i Verification of laboratory service for monitoring of resale materials
(a). Verify reclaimables < 2 pg000 cm2 PCB
t Occupational health and safety plan
t Training programs
t Waste tracking systems
3.4. Use of Subcontractors
When any portion of the contract is to be performed or handled by other than the bidder
specifically referenced herein, the bidder shall identify in the submission of its bid, the
3-3
City of Carlsbad
HBMM Plan Pine Elementary School,
Maintenance Facility, and Residential Properties
April 1,2002
Project No. 104567002
name, address, and phone number of any and all subcontractors, etc., and shall identify
exactly what each subcontractor will be doing.
Subcontractors must meet the approval of the owner. Subcontractors must comply with
all terms and conditions as specified herein and must have insurance coverage applica-
ble to the work performed and described herein.
changes in subcontractors, disposal sites, and incineration facilities utilized by the con-
tractor during the term of the contract. Requests for approval must be made in writing
and must be drected to customer contract manager.
The customer, prior to the onset of any work being performed must approve any
3.5. Containerizing and Marking
All PCB equipment, PPE, debris and hazardous materials generated from project activi-
ties and cleanup operations shall be placed in DOT-approved containers.
All containers used shall be properly sealed, marked, labeled and dated.
Equipment that is visibly leaking shall be packaged separate from equipment which do
Contractor shall include pricing for DOT containers.
3.6. Transportation to DestructionlServicing Facilities
All materials shall be transported to a TSCA permitted processingldestruction facility.
All PCB-containing equipment, components, debris and oil shall be transported to a
TSCA permitted incineration facility for ultimate destruction.
For the disposal of PCB-containing and associated waste, the contractor and/or subcon-
tractor and vehicles must be licensed for the transportation and hauling of regulated
materialshazardous waste. The drivers of these vehicles shall be trained in the laws,
rules, and regulations governing the transportation of PCB materials. The vehicles must
be properly licensed, permitted, and registered to transport PCBs in the generator state,
destination state, and all states in which the truck will be driven.
not show visible signs of leakage.
3.7. Documentation
The contractor shall provide the owner with comprehensive information on all firms to
be involved in PCB-related work activities, as part of th~s contract, prior to commence-
ment of the project. Such information shall include a minimum of:
o Name, address, telephone number and EPA ID number, state transporter's ID num-
ber and hauler registration number of the firm(s) responsible for the transportation
of PCB solids and fluids and/or ballast containers.
o Name, address, telephone number and EPA ID number of the fim(s) responsible
for storage and/or ultimate disposaUdestruction of all PCB articles and any other
hazardous waste generated in the course of the work. Also, indicate the EPA region
number and the name and telephone number of an EPA regulatory contact familiar
with each handling and disposal site.
3-4
City of Carlsbad
HBMM Plan Pine Elementary School,
Maintenance Facility, and Residential Properties
April 1,2002
Project No. 104567002
o Name, address, telephone number, and EPA ID number of the firm@) responsible
for the ultimate final destruction of the ballasts and reclamation of recyclable com-
ponents.
o The contractor shall provide the owner with comprehensive documentation of all
work activities upon completion of the work and prior to final payment. Such
documentation shall include a minimum of:
4 Type and size of containers, contents, weight or unit of measure, date trans-
ported and name, address, telephone number, EPA ID number, and copy of
permit cover letter of processing and/or disposal facility.
4 Written certification, i.e., uniform hazardous waste manifest demonstrating re-
ceipt of material at the disposalhncineration facility. The person authorized by
the disposalhncineration facility to accept PCB items for disposal shall sign
such certification.
4 Certificates of destruction for PCB liquids, solids and ballast carcasses.
4567002rpcr rsriaed 4 24 02.dOc 3-5
City of Carlsbad
HBMM Plan Pine Elementary School,
Maintenance Facility, and Residential Properties
April 1,2002
Project No. 104567002
4. ABANDONED WASTE HANDLING AND REMOVAL GUIDELINES
In the event that a container or vessel containing an unknown material is discovered during
demolition activities, the contractor will be responsible for the appropriate identification, packag-
ing, transportation, and disposal of the material. At a minimum, the following will be conducted:
0 The person discovering the container will not attempt to move or open it.
The project supervisor and project health and safety officer will be notified immediately.
Trained and experienced personnel will perform a preliminary chemical characterization of
Based on the results of the preliminary characterization, packaging and disposal requirements
the material.
will be determined by the project supervisor and the owner’s representative. The chosen dis-
posal facility must be approved by the owner.
with local, state and federal regulations.
All hazardous material and waste handling and disposal must be conducted in accordance
4- 1
Survey Results
5
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LEGEND
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AASB 20 Approximate location of roof asbestos Somple
3 ASB 07
ASB 08
ASB 09
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MAINTENANCE FACILITY
CARLSBAD, CALIFORNIA
PROJECT NO.
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1 ASB 03
4’ AS0 02
ASB 04 Not to Scale ?. Lo “3 c J
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MAINTENANCE FACILITY
CARLSBAD, CALIFORNIA
PROJECT NO.
1n4~;wnni
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*AS 07 Approximate locotion of 1st floor osbestos sample
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Not to Scale
>
CARLSBAD, CALIFORNIA
\ 104567001
Lead-Related Construction
Specifications and Surveys
Professional Environmental COnSUlting Working for a clean environment
and Training 5797 Chesapeake Court, Suite 103
9 San Diego, California 92123
Fax (858) 279-0837
(858) 279-0835 (800) 497-5323
LEAD-RELATED CONSTRUCTION SPECIFICATIONS
FOR
PINE ELEMENTARY SCHOOL
3333 HARDING STREET
CARLSBAD, CALIFORNIA 92008
BUILDINGS 1-5
PREPARED FOR
MR. TRAVIS STRAVASNIK
NINYO AND MOORE
5710 RUFFIN ROAD
SAN DIEGO, CALIFORNIA 92123
PREPARED BY:
STEVEN J. TRAVERS
ALLSTATE SERVICES ENVIRONMENTAL, INC.
5797 CHESAPEAKE COURT, SUITE 103
SAN DIEGO, CA 92123
(800) 320-LEAD
MARCH 26,2002
Los Angeles, CA Phoenix, AZ ' Corona, CA Brooklyn, NY
(800) 320-LEAD (800) 661 -LEAD (909) 340-1717 (800) 406-LEAD
.. ~ ~~
ALLSTATE SERVICES Working for a clean environment
TABLE OF CONTENTS
GENERAL
A. INTRODUCTION
1. OVERVIEW
2. APPLICABILITY
3. DOCUMENT REVIEW
B. CONTRACTOR QUALIFICATIONS
1. QUALIFICATION CRITERIA
C. GENERAL REQUIREMENTS
1. DEFINITIONS
2. OWNERS ROLE
3. CONSULTANT’S AUTHORITY
4. SPECIFIC CONTRACTOR RESPONSIBILITES
5. WORKSCHEDULING REQUIREMENTS
6. INSURANCE
7. CODES AND STANDARDS
8. SUBSTITUTION OF MATERIAL AND/OR METHODS
1
1
1
2
2
2
2
2
7
8
9
10
SCOPE OF WORK 11
A. INTRODUCTION
1. MATERIALS AND EQUIPMENT
2. APPROVALS AND INSPECTIONS
B. WORK AREA SET UP
11
11
11
11
2.
1.
3.
4.
5.
6.
7.
8.
SITE SAFETY 11
SAFETY REGULATIONS 12
SIGNAGE 12
NOTIFICATTONS 12
ACCESS TO WORK AREAS 12
CONTAINMENT 13
a. TABLE 8.1 INTERIOR WORKSITE PREPARATION 13-14
b. TABLE 8.2 EXTERIOR WORKSITE PREPARATION LEVELS 15-16
c. WINDOW TREATMENT OR REPLACEMENT WORKSITE PREP 16
DECONTAMINATION UNIT 16
CLEAN AREA 17
ALLSTATE SERVICES Working for a clean environment
C.
D.
E.
F.
G.
TABLE OF CONTENTS (cont.)
9. ABATEMENT AREA
10. SPECIAL AREAS
11. VENTILATION
PROTECTIVE MEASURES
1. WORKER PROTECTION REQUIREMENTS
2. WORK PROCEDURES
3. PERSONAL AIR SAMPLING
INSPECTIONS
1 ~ WORK AREA PREPARATION COMPLETED _.
2. POST REMOVAL INSPECTION
3. FINAL CLEARANCE
.~
ABATEMENT PROCEDURES
1. OVERVIEW
2. COMPONENT REMOVAL PROCEDURES
3. PAINT FILM STABILIZATION
DAILY CLEAN-UP, PRELIMINARY, POST ABATEMENT CLEARANCE,
CLEAN-UP AND FINAL CLEARANCE
1. END OF DAY CLEANING
2. EQUIPMENT CLEANING
4. VISUAL INSPECTIONS
5. POST ABATEMENT CLEARANCE
6. FINISH COATINGS
7. FINAL CLEARANCE
8. INSPECTION/CLEARANCE STANDARDS
3. PRELIMINARY CLEAN-UP
DISPOSAL OF WASTE MATERIALS * CAUTION NOTE FOR CONTRACTORS
1. GENERAL, APPLICABILITY
2. DISPOSAL REQUIREMENTS
3. HAZARDOUS WASTE TESTS
4. DISPOSAL OF NON-HAZARDOUS CONTAMINATED
SOLID WASTE
5. DISPOSAL OF HAZARDOUS WASTE
6. STORAGE REQUIREMENTS
7. REGULATIONS
8. EMERGENCY PROCEDURES
.J'
17
17
17
17
17
20
21
" 37
" 77
22
37 "
22
22
24
25
26
26
26
26
28
28
28
28
28
29
29
30
30
30
31
32
33
33
33
ALLSTATE SERVICES Working for a clean environment
TABLE OF CONTENTS (cont.)
H. SPECIFIC COMPONENT ABATEMENT SCHEDULE 33
INSPECTION REPORT FIELD DATA
LEAD COMPONENT ABATEMENT LIST
APPENDIX A
APPENDIX B
Lead-Related Construction Specifications
Pine Elementary School-Buildings 1-5
3333 Harding Street, Carlsbad, California 92008
Issued: 03/26/02
Page: 1
General
A. INTRODUCTION
1. Overview: This project is being carried out as part of the planned modernization of Pine
Elementary School-Buildings 1-5,3333 Harding Street, Carlsbad, California 92008.
The work to be carried out, together with the steps to be taken to adequately protect the
workers, assure a safe workplace, and the adjoining environment are described in the
following section. This document details the procedures, methods, and materials for
lead-related construction to be conducted at Pine Elementary School-Buildings I-5,3333
Harding Street, Carlsbad, California 92008.
a. These project specifications are based upon currently available information,
technology, practices, and protocols. These specifications are hereby certified by
Allstate Services Environmental, Inc. lead related construction project designer,
Steven J. Travers, #D361.
2. ADDlicabilitv: The Conditions of the Contract and General Requirements shall be part of
this Section. Refer to Section Conduct and Scheduling of Work, for requirements
specifically affecting this Section.
As per California Department of Health Services, all paint on schools applied prior to
January I, 1993 is “presumed lead-based paint.”
As per CAL-OSHA and Federal OSHA, whenever construction activities disturb lead in any
amount, the employer must assume that employees may be exposed to lead and comply with
the requirements of the “Lead in Construction Standard” T-8, 1532.1,
3. Document Review: Contractors shall examine all Drawings and all other Sections
of the Specifications for requirements affecting the work of this Section. Questions on
interpretations, omissions, and methods should be referred to the OwnerDesigner.
B. CONTRACTOR QUALIFICATIONS
1. Oualification Criteria: The Owner requests that documentation be provided for
all aspects of the work-
following criteria: Pb~-*o AWCIQ
‘ ~ detailing the firm’s qualifications on the
a. California Contractor License, granted by the California Contractors State License
Board.
b. All workers and supervisors assigned to this project shall have been trained in
accordance with California Construction Safety Orders, 1532.1, Lead-Related
Construction. The onsite supervisor shall hold “Lead-Related Construction
Supervisor” certifications granted by California Department of Health Services.
Allsta~e Senices Environmental. Inc., 5797 Chesapeake Cowl - Suite 103, San Dicgo, CA 92123
Phone: (858) 279-0835 Fax: (8%) 279-0837
Lead-Related Construction Specifications
3333 Harding Street, Carlsbad, California 92008 *4 I Pine Elementary School-Buildings 1-5
Issued: 03/26/02
Page: 2
C. GENERAL REQUIREMENTS
I. Definitions: Applicable provisions of the General Conditions and supplementary conditions
ofthe Contract and General Requirements are given in this Section. For the
purposes of this Section:
“Owner” shall refer to the City of Carlsbad and designated, authorized representatives,
including Allstate Services Environmental, Inc., Certified Lead-Related Construction
Project Designers, Project Monitors, and Inspector/Assessors.
‘&Lead Abatement Contractor” shall refer to the contractor responsible for lead-related
construction.
;‘HEPA Filter” shall refer to a filter capable of filtering out monodispersive particles of 0.3
microns or greater diameter from a body of air at 99.97 percent efficiency or greater.
“Consultant” shall refer to Allstate Services Environmental, Inc.’s authorized
representatives.
“Project” shall refer to the lead-related construction to be carried out at Pine Elementary
School-Buildings 1-5,3333 Harding Street, Carlsbad, California 92008.
2. Owner’s Role: The performance and execution of the project shall be monitored by Owner
to ensure full compliance with these specifications and applicable regulations. Owner will
assume the cost associated with the independent laboratory and inspection work required in
this Specification for the final clearance testing and random analyses as specifically noted.
3. Consultant’s Authority: The Owner has retained Allstate Services Environmental, Inc. as
the Consultant for the purposes of the management of the Lead-Related Construction
described herein. The Consultant will represent Owner in all phases of the lead-based paint
abatement project at the discretion of Owner. The Contractor will regard Consultant’s
direction as authoritative and binding as provided herein, in matters particularly, but not
limited to, approval of work areas, review of monitoring results, completion of the various
se-ments of work, final completion of the lead-related construction, submission of data, and
daily field punch list items. If retained to provide those services.
4. Specific Contractor Responsibilities
a. Notifications/Auorovals: The Contractor shall make all applicable (in proper and
timely fashion) and necessary notifications to relevant federal, state, and local
authorities and shall obtain and comply with the provisions of all permits or
applications required by the work specified, as well as make all required submittal
required under those auspices. The Contractor shall indemnify the Owner and
Consultant from, and pay for all claims resulting from failure to adhere to these
provisions. The costs for all permits, applications, and the like, are to be assumed
by the Contractor.
Allsrale Services Environrncntal, Inc.. 5197 Chesapeake Coun - Suitc 103, San Diego, CA 92123 Phone: (858) 279-0835 Fax: (858) 279-0837
Lead-Related Construction Specifications
Pine Elementary School-Buildings 1-5
3333 Harding Street, Carlsbad, California 92008
Issued: 03/26/02
b. Fees. Permits. and Licenses:
1) The Contractor shall pay all licensing fees, royalties, and other costs
necessary for the use of any copyrighted or patented product, design,
invention, or processing the performance of the job specified in this
Section. The Contractor shall be solely responsible for costs, damages or
The Contractor shall hold the Owner and the Consultant harmless from any
losses resulting from any infringement of these patent rights or copyrights.
costs, damages, and losses resulting from any infringement of these rights
or copyrights. If the Contract Specification requests the use of any product,
design, invention, or process that requires a licensing fee or royalty fee for
use in the performance of the job, the Contractor shall be responsible for
the fee or royalty and shall disclose the existence of such rights.
2) Contractor shall be responsible for costs for all licensing requirements and
notification requirements and all other fees related to the ability of the
Contractor to perform the work in this section.
3) The Contractor shall be responsible for securing all necessary permits for
work under this Section, including hauling, removal, and disposal, fire, and
materials usage, or any other permits required to perform the specified
work.
C. Coordination/Coooeration: The Contractor shall meet with the owner and
consultant for a pre-construction meeting prior to commencing work on the
time and date to be determined by the Owner and Consultant. At the meeting, the
project. The meeting shall be at the facility of owner at a mutually convenient
Contractor shall be represented by authorized representatives and the field
supervisors who shall run the project on a daily basis, and shall present evidence
that all requirements for initiation of the work have been met. The minimum
agenda for the meeting shall be:
1) Channels of communication;
2) Construction schedule, including sequence of critical work;
3) Designation of responsible personnel;
4) Procedures for safety, security, quality control, housekeeping, and
5) Use of premises, facilities and utilities;
6) Review of "Pre-Job Submittal"; and
7) Discussion of a detailed Project Specification Work Plan
related matters;
composed of at least the following:
Allstate Scmica Environmental, Inc., 5797 Chesapeake Coun- Suite 103. San Diego, CA 92123
Phone: (858)279-0835 Fax: (858)279-0837
Lead-Related Construction Specifications
3333 Harding Street, Carlsbad, California 92008 !d Pine Elementary School-Buildings 1-5
Issued 03/26/02
Page: 4
a) A sketch showing the detail, location and layout of the clean area, the dirty area (Decon System) and the work areas.
b) The sequencing ofthe work.
c) The timing and projected completion of the work.
d) Detailed description of the method to be employed in order to control airborne and wastewater pollution.
e) The type of equipment and amount of equipment available to the
Contractor to be used on the project, including ventilation
equipment, HEPA vacuums, etc.
0 The procedures to contain, package and remove the waste from the work area and the procedures and locations of the disposal of
hazardous and non-hazardous waste.
g) A personal air sampling plan to include air sampling training and
strategy, sampling locations, projected number of samples, and
frequency, methodology, and duration of sampling.
h) The type of respirators to be used, protective equipment to be
used, and a respirator program.
i) A safety precautions plan may include special precautions taken by
the Contractor in performing their respective tasks, safety
equipment to be worn by employees, frequency of safety meetings,
and all other relevant functions to be performed by the Abatement
Contractors, to ensure a safe workplace.
j) A ventilation plan showing the types and locations of units, if needed.
k) Copy of Abatement Plan as specified in Title 17, Division 1,
1)
Chapter 8, Section 36100(b).
Any other data that enhances this work plan. Innovative ideas
and/or technology are encouraged.
d. Documentation/Submittal:
1) Pre-Construction. The Contractor shall provide three (3) copies of the
following Pre-Job Submittal at the Pre-Construction Conference for the
acceptance of the Owner:
Allstate Services Environmental, Inc., S797 Chcrapcakc Couzl - Suite 103. San Dicp. CA 92123
Phone: (858) 279-0835 Fax: (858) 2794837
Lead-Related Construction Specifications
Pine Elementary School-Buildings 1-5
3333 Harding Street, Carlsbad, California 92008
Issued: 03/26/02
Page: 5 as'
a) Copies of all notifications, permits, applications, licenses and like
documents required by federal,'state, or local regulation in proper
fashion, including DHS form 8551.
b) Copies of all medical records or a notarized statement by the
examining medical doctor that such examinations took place, and
when, for each employee to be used on the project.
c) Record of successful respirator fit testing performed by a qualified
individual within the previous twelve months, for each employee to
be used on this project with the employee's name and social
security number with each record. NOTE: In the event employees
are hired after the project start date, the Contractor shall supply the
proper documentation as required at least 24 hours in advance of
their start.
d) Proposed respiratory protection proD- for employees
throughout all phases of the job, including make, model, and
NIOSH approval numbers of respirators to be used.
e) A detailed Project Specification Work Plan as described in this
Section.
f) Written description, for the Owner's review and acceptance, of all proposed procedures, methods, or equipment to be utilized that
differ from the Contract Specifications, including manufacturers
specifications on any equipment not specified for use by this
applicable federal, state, and local regulations.
Section; in all instances, the Contractor must comply with all
g) Proposed worker orientation plan which at a minimum includes a
description of lead hazards and abatement methodologies, a review
of worker protection requirements, and the outline of safety
procedures.
h) Chain-of-Command of responsibility at work site including
supervisors, foreman, and competent person, their names resumes,
and certificates of training.
i) List of all supervisors and workers intended to be assigned to the project and copies of CA-DHS Lead-Related Construction
Certifications.
j) Proposed Emergency Plan and route of egress from work areas in case of fire or injury, including the name and phone number of
Allstate Services Envimnmcntal. Inc.. 5797 Chesapeake Coun- Suite 103, San Diqo, CA 92123
Phone: (858) 2796835 Fax: (858) 2794837
f kc.?.
Lead-Related Construction Specifications
Pine Elementary School-Buildings 1-5
3333 Harding Street, Carlsbad, California 92008
Issued: 03/26/02
Page: 6
nearest medical assistance center. This shall be conspicuously
posted at the work site and filed with proper agencies.
k) The name and address of Contractor's blood lead testing lab,
OSHA-CDC listing, and Certification in California.
1) The name and address of Contractor's personal air monitoring and waste disposal load testing laboratory(ies) including certification(s)
of ELPAT accreditation for heavy metal analysis, listing of relevant
experience in air and debris lead analysis, and presentation of a
documented Quality Assurance and Quality Control Pro-gam.
m) Material Safety Data Sheets (MSDS) on all materials and
chemicals to be used on the project.
n) Name, address, and ID number of the hazardous waste hauler,
waste transfer route, and proposed disposal site.
0) Name, address, and ID number of the proposed construction debris
site.
p) ' . Nhe, address, and ID number of hazardous disposal site.
Documents must be submitted from these sites proving they are
licensed to accept such waste and will accept such waste.
q) MAP number and evidence that the Contractor has contracted with
a hauler/disposal facility must be presented at the pre-construction
meeting.
r) CAL-OSHA Lead Compliance Program, Title 8, Section 1532.1
s) CAL-OSHA Respiratory Protection Program, Title 8,
t) CAL-OSHA Injury and Illness Prevention Program, Title 8,
Section 5144.
Section 3203
2) During Job: The Contractor is required to submit to the Owner and
Consultant a weekly status report including:
a) Abatement Progress Report.
b) Results from personal air samples.
c) Results from waste testing.
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Lead-Related Construction Specifications
Pine Elementary School-Buildings 1-5
3333 Harding Street, Carlsbad, California 92008
Issued: 03/26/02
Page: 7 0'
d) Results from other testing.
e) Medical, Fit Test Ad CA-DHS Lead-Related Construction Certification twenty-four (24) hours in advance of any new
employees starting on the project.
3) Post Project: The Contractor is required to submit to the Owner the
following at a Post Construction conference:
a) Copies of manifests and receipts acknowledging disposal of all
hazardous and non-hazardous waste material from the project
showing delivery date, quantity, and appropriate signature of
landfill's authorized representative.
b) A notarized copy of the entry-exit logbook.
c) All personal monitoring results.
d) All waste test results.
5. WorWScheduling Requirements: Work shall be carried out in sequential phases. Inspection
and.approval of each phases by the Consultant shall be sought and gained before proceeding
to the next phase and in accordance with the schedule agreed upon by Owner Inspection and
approval of each phase by the consultant shall be sought and gained before proceeding to
the next phase and in accordance with the schedule agreed upon by Owner at the
Pre-Construction meeting as amended. As a Contract requirement, any reasonable delay
caused by this requirement will not constitute a basis for claim against the Owner or
Consultant.
a. Job Sequences
1) The Contractor shall extend full cooperation to Owner in all matters
involving the use of Owner's facilities. At no time shall Contractor cause or
allow to be caused conditions which may cause risk or hazard to the general
public or conditions that might impair safe use of the facility. The use of
the facility's electricity, water or like utilities by the Contractor shall be
coordinated through the Owner.
2) Contractor shall submit a time-line schedule, not date specific, to Owner
and Consultant for integration into the overall project schedule. Coordinate
the work of this Section with that of all other trades. Phasing and
scheduling of this project will be at the discretion of the Owner and
Consultant and shall not proceed in any area without the express consent of
the Owner and Consultant. The Contractor shall be available within 24
hours notice for additional work or rework if after acceptance of the work it
Allslate Serviccr Environmental, Inc., 5791 Chesapeake Coun - Suite 103, San Dicgo, CA 92 123 Phone: (858)279-0835 Fa: (858)2794837
Lead-Related Construction Specifications
Pine Elementary School-Buildings 1-5
3333 Harding Street, Carlsbad, California 92008 'w
Issued: 03/26/02
Page: 8
is found,that full abatement was not achieved from the initial work effort as
detem'ined by the Owner and Consultant.
3) The proposed time line for the work in this Section, as noted above, shall
show the time involved from start to finish of abatement operations,
including preparation, removal, clean-up, clearance testing, and tear-down
portions of the job.
4) A final written schedule shall be prepared for approval by the Owner and
the Consultant.
b. Working Hours
1) The work in this Section shall be carried on under the
usual construction conditions, in conjunction with all other
work at the site. The Contractor shall cooperate with the
Owner, Consultant, and contractors and equipment
suppliers working on the site, coordinate hidher work with
the work of others and proceed in a manner so as not to
delay the progress of the project.
2) The Con*actor shall coordinate hisher work with the progress of the work of other trades so that the work shall
be completed as soon as conditions permit. Any overtime
hours worked or additional costs incurred due to lack of or
improper coordination with other trades by the Contractor
shall be assumed by the Contractor without any additional,
cost to the Owner.
6. Insurance
a. During the tenn of this Contract, the contractor shall, at its own cost and expense,
procure and maintain the following types of insurance.
1) Statutory Workers' Compensation, as required by the California Labor
Code, and Employer's Liability with limits not less than $1,000,000; and
2) General Liability, including coverage for property damage and independent
contractors, with limits not less than $1,000,000; and
3) Motor Vehicle Liability, for owned and non-owned vehicles, with imits not
less than $1,000,000; and
4) Pollution Liability, for lead abatement with limits not less than
$1,000,000.
Allstate Sen-ice Enviranmcntal, Inc., 5797 Chesapeake Coun- Suite 103, San Diego, CA 92123
Phone: (858) 2796835 Fax: (858) 2796837
Lead-Related Construction Specifications Issued: 03/26/02
Pine Elementary School-Buildings 1-5
3;;; Hading Street, Carlsbad, California 92008 Page: 9 i iy/
7. Codes and Standards
a. All work shall confoh to the standards set by applicable federal, state, and local
laws. regulations, ordinances, and guidelines in such form in which they exist at the
time of the work on the contract and as may be required by subsequent regulations.
b. The following is a partial list:
1) The contractor shall comply with the requirements of the California
General Industry Safety and Health Standards, and the Safety and Health
Regulations for Construction, Title 8, California Code of Regulations
(CCR), including, but not limited to the following sections:
Section 5144: Respiratory Protection
Section 2405.4: Electrical
Section 1637, 1640,1658: Scaffolding
Section 1513: Housekeeping
Section 1675: Ladders
Section 5 194: Hazard Communication
Section 321 5 and 3220: Egress and Emergency Plans
Section 3514: Personal Protective Equipment
Section 15 19: Sanitation.Section 3360: Sanitation
Section 1684,3555, and 3556: Powered Hand Tools
Section 1502: Contractors Responsibilities
Section 151 1: General Safety and Health Provisions
Section 15 10: Safety Training and Education
Section 1527 and 3366: Washing Facilities
Section 1528: Gases, Vapors, Fumes, Dusts and Mists
Section 1531 and 5143: Ventilation
Section 3203: Injury and Illness Prevention Program
Section 3204: Access to Employee's Exposure and Medical Records
Section 6003: Accident Prevention Signs
Section 3221: Fire Prevention Plan
Section 1532.1: Construction Safety Orders, Lead
2) The Contractor shall comply with the Federal Environmental Protection
Regulations pertaining to handling and disposal of lead-containing
materials, as well as the State of California and any local governmental
agencies which have delegated responsibility for the administration and
enforcement of federal regulations.
22 CCR, Section 66261
IO CFR, Part 26 I
Allrtate Seniccs Environmcntal, Inc., 5797 Chesapeake Cowl - Suite 103, Sa" Diego. CA 92123
Phone: (858)279-0835 Fax: (858) 279-0837
Lead-Related Construction Specifications
3333 Harding Street, Carlsbad, California 92008 i.. " / Pine Elementary School-Buildings 1-5
Issued: 03/26/02
Page: 10
3) The Contractor shall comply with all requirements of the EPA-approved
landfill that is selected as the disposal site.
4) The Contractor shall comply with California Title 17, Section 8,
Department of Health Services Certification of Lead-Related Construction
Activities and work practices.
5) The following may also apply to this project:
24 CFR Parts 35,36,37:HUD Guidelines for the Evaluation and Control of
Lead-Based Paint Hazards and Housing
ASTM: American Society for Testing Materials
ANSI: American National Standards Institute
ANSI 2228.2-8: Practices
C. In addition to any detailed requirements of the Specification, the Contractor shall at
his own cost and expense comply with all laws, ordinances, rules, regulations, and
guidelines of federal, state, regional, and local authorities regarding handling and
storing of lead waste material.
d. All regulations by the above and other governing agencies in their most current
version are applicable throughout this project. Where there is a conflict between
this Specification and the cited federal, state, or local regulations or guidelines, the
more restrictive or stringent requirements shall prevail. This Section refers to many
requirements found in these references, but in no way is it intended to cite or
reiterate all provisions therein or elsewhere. It is the Contractor's responsibility to
know, understand, and abide by all such regulations, guidelines, and common
practices.
8. Substitution of Materials and/or Methods
a. Any substitution in materials or methods to those specified shall be approved by the
Consultant and Owner prior to use any requests for substitution shall be provided in
writing to the consultant and the owner. The request shall clearly state the rationale
for the substitution.
b. Submit to the Consultant and the Owner product data and samples of all materials
to be considered as an alternate.
C. Product data shall consist of manufacturer's catalog sheets, brochures, diagrams,
schedules, performance charts illustrations, material safety data sheets (MSDS) and
other standard descriptive data. Submittal data shall be clearly marked to identify
All~tatc Services Environmental, Inc., 5797 Chesapeake COW- Suite 103, San Diego. CA 92123
Phone: (858) 2794835 Fax: (858) 2794837
Lead-Related Construction Specifications
Pine Elementary School-Buildings 1-5
3333 Harding Street, Carlsbad, California 92008
Issued: 03/26/02
Page: 11 i
pertinent materials, products or models and show performance characteristics and
capacities. Samples shall be of sufficient s,ize and quantity to clearly illustrate the
functional characteristics of the product or material with integrally related parts and
attachment devices.
d. No work shall begin which requires submittal for approval until the Consultant has "approved" or "approved as noted" the submittal.
SCOPE OF WORK
A. INTRODUCTION
1. Materials and Eauioment: The work of this Section, without limiting the generally thereof,
necessary to complete all Lead Based Paint Abatement in accordance with the plans and
includes the furnishing of labor, materials, tools, equipment, services and incidentals
specifications. These plans and specifications are intended to describe, and provide for a
finished and complete piece of work; work which is described by any portion of these
documents shall be complete in every detail and in accordance with established trade
practice, nohvithstanding whether or not every item or detail necessarily involved is
particularly mentioned.
2. ADDrOValS and InsDections: All temporary facilities, work procedures, equipment,
materials, services, and agreements must strictly adhere to and meet this Section along with
EPA, OSHA, NIOSH, HUD regulations, recommendations, and guidelines, as well as any
other federal, state, and local regulations. Where there exists an overlap of these regulations
and guidelines, the most seingent one applies. All work performed by the Contractor is
further subject to approval of the Owner, andor Consultant,
B. WORK AREA SET UP
1. Site SafeR: The Contractor is responsible for all safety at the work site. This includes, but
is not limited to electrical safety, mechanical (tool) safety, fire safety, and personnel
protective safety. Safety requirements are, for the most part, common sense and sound
business practice; however, the Contractor is advised that federal, state, and local
regulations exist which govern safety on the work site. Therefore, in addition to the
following, the Contractor is responsible for adhering to the most stringent requirements in
affect by any of the following entities or these Specifications.
A primary concern in this type of work is to ensure that adequate exits exist in the event of
an emergency and conversely, that adequate entrances exist for emergency personnel. The
nature of this work requires sealing entrances and the extensive use of six-mil polyethylene
sheeting; however, the Contractor should never permanently seal (i.e., nail, bolt, hard cover)
any potential escape exits and should take extra care to clearly identify potential exits and
inform the workers.
Allrtatc Service EnvironmenraL Inc., 5197 Cheqeake Coun- Suite 103, San Dicgo. CA 92123
Phone: (858) 279.0835 Fax: (858) 2794837
Lead-Related Construction Specifications
Pine Elementary School-Buildings 1-5
3333 Harding Street, Carlsbad, California 92008 i%.*
Issued: 03/26/02
Page: 12
2. Safety Reeulations: The following are some applicable Federal regulations: ,.
29CFR 1910
Occupational Safety and Health Administration
29 CFR 1910.1025 Lead Hazard Standard
29 CFR 1910.134 Respiratory Protection
29 CFR 191 0.1200 Hazard Communication Specifications
29CFR 1910.145
29 CFR 1926
American National Standard (ANSI) Publications:
General Industry Standard
for Accident Prevention
Sign and Tags
Construction Industry Standard
2288.2-80 Practices for Respiratory Protection
3. m: Prior to the preparation of a dwelling for abatement, the contractor shall place
warning signs immediately outside all entrances and exits to the dwelling, warning that
abatement work is being conducted in the vicinity. The signs shall be at least 20" x 14" and
read:
WARNING:
UNAUTHORIZED'ENTRY 'PROHIBITED
LEAD PAINT REMOVAL HAZARD
NO SMOKMG, EATING OR DRINKING
ALLOWED IN THE WORK AREA
Signs shall be in bold lettering not smaller than two inches tall.
4. Notifications:
a. The contractor is responsible for notifying all officials as indicated by federal, state,
or local law.
5. Access to Work Areas:
a. The owner will provide specific access as required during the project to the
contractor and personnel assigned to the project. The contractor will be responsible
for the security of each and every work area or portion thereof involved in the
abatement project. It will also be the contractor's responsibility to allow only
authorized personnel into the work area, and to secure all assigned entrances and
exits at the end of the workday so as to prevent unauthorized entry.
the lead abatement work area must sign and enter the dates and times of entry and
departure.
requirements:
b. Contractor shall maintain a bound log book in which any person entering or leaving
C. Use of waste containers on-site shall be controlled under the following
Allstate Services Environmental, Inc., 5797 Chesapeake Court- Suite 103. San Diego, CA 92123
Phone: (858) 279-0835 Fax: (858)279-0837
Lead-Related Construction Specifications
Pine Elementary School-Buildings 1-5
3333 Harding Street, Carlsbad, California 92008
Issued: 03/26/02
Page: 13
1) Location of waste containers on-site shall be coordinated with the owner
and consultant.
2) The waste containers shall be solid enclosed containers, lined with
two layers of six-mil polyethylene sheeting locked and secured at all times.
3) Contractor shall comply with all federal, state, and local regulations and
ordinances regarding lead waste storage.
d. The Abatement Contractor, supervisor or worker will not allow anyone access to the
dwelling unless they have successfully completed a training program, and are
wearing a properly fitted respirator, unless stated otherwise by the Consultant.
6. Containment: Contractor shall establish "containment" as specified in tables 8.1, 8.2, 8.3 of
the HUD guidelines as applicable, as per the following:
L
Description
Typical Applications
(Hazard
Controls)
Time Limit Per Dwelling
Resident
Location
Containment
System
and Barrier
"
"
"
-
'able 8.1 Interior Wor
Level 1
Dust removal and any abatemcnt
or interim conrml method disturbing no more than 2 sqUM feet of painted surface per rwm.
One workday.
lnsidc dwelling, but outside work
arcs. Resident must have Icad-
safe passage to bathroom. at least
one living area, and ennyicgress
pathways
Alternatively, resident can leave
Ihe dwelling dunng the workday.
Single layer of plastic sheeting on
perimeter of the treated apa in
flmr extending S feet beyond the
all directions. No plastic
sheeting on doanvays is required,
but a low physical barrier
(fumirurc, woad planking) to
prevent inadvertent access by
resident is recommended.
Children should not have access
to plastic sheeting (suffocation
hazard).
site Preparation
Level 2
Any interim wntrol or
abatement method
disNrbing between 2
and 10 square feet of painted surface pcr mom.
One workday.
same as Level 1
Two layen of plastic
on entire floor. Plastic shcet with primitive
airlock flap on all
dwrways. Door
secured from inside the work area need not be
sealed. Children
should not have access
to plastic sheeting
(suffocation hazard).
i 'not including windows) t Level 3 Level 4
Same as Level 2. Any interim control or
disturbing more than 10
abatement mahod
square feet per room.
Five work days. Nons.
Outside the dwelling; but can
reNm until clearance has work and cleanup arc completed
OuLsidc the dnrlling for
been achicved. Resident must have safe passage
to bathrwm, at least one living
duration of pmjuf cannot rcNm in evening after day's
area, and enhylegress pathways
upon rcNm. Altematively,
resident can leave until a11 work
is wmpletcd.
Two layers of plastic on entire floor. Plastic sheet with
doonvays to work areas. Dwn primitive airlock flap on all
secured from inside the work
area need not be sealed.
Overnight barrier should be
lacked or firmly secured.
Children should not have access
to plastic sheeting (suffocation hazard).
entire floor. If entire until is
cleared, individual mom
being mated, cleaned, and
dwnvays need not be
sealed If only a few roams
doanvays with primitive
are being trcatcQ seal all
airlock flap to avoid cleaning
entire dwelling. Doors secured from inside the
work mea necd not be
Allstate Services Environmental, Inc.. 3797 Chesapeake Coun - Suite 103, San Diego, CA 92123
Phone: (858)279-0835 Fax: (858)279-0837
*f
Lead-Related Construction Specifications
Pine Elementary School-Buildings 1-5
=- .r_ 3333 Harding Street, Carlsbad, California 92008
c’
Warning Signs
Ventilation
System
Furniture
Cleanup
:See Chapter
14 for further
iiscussion of
:leanup
methods)
Required at entry to room but not
on building (unless exterior work
is also under way).
~~ ~ Dwelling ventilation system
turned off, but vents need not be
sealed with plastic if they are
more than 5 fcet away from the
surface king treated. Negative
prrsrvrc mnes (with Ancgative
ai@ machines) arc not required.
unless large supplies of frcrh air
area to control exposures to other
must be admiued into the work
hazardous substances (for
example, solvent vapors).
Left in place uncovered if
working surface. if within 5 feet,
fumihlrc is more rhan 5 feet from
furniture should be scaled with a
single layer of plastic or moved
for paint mrment. No covering
is required for dust removal.
HEPA vacuum, wet wsh, and
HEPA vacuum all surfaces and
flwrs extending 5 feet in all
directions from the treated
surface. For dust removal work
alone, a HEPA vacuum and wet
second pas with a HEPA
wash cycle is adequate (i.c. no
vacuum flwr in adjacent area@)
used as pthwyr to work area
dwelling overnight; wnsfcr to a
Do not store debris inside
each day.
locked secure area at the end of
same as Level 1.
Turned offand all
vents in rwm scaled
with plastic. Negative
Anegative ai@ prcrsure zona (with
mchines) are not
required. unls large
supplies of fresh air mwt be admincd into
the work wea to control
exposure to other
(for example, solvent
hamdous substances
VlpOIS.)
Removed from work
area. Large items that
cannot be moved can
be scaled with a single layer ofplastic sheeting
and IeR in work area
HEPA vacuum, wet
vacuum oil surfaces in
wash, and HEPA
rwm. Also wet wash
and HEPA vacuum
flwr in adjacent area@)
used as pathway to
work am. Do not
store debris inside
dwelling overnight;
use a secure locked
area.
Table 8.2 Exterior Worksite Preparation L , ~~~i~~l Applications Any interim conml or abatement method
disturbing less than 10 square feet ofcxterior
painred surface per dwelling. Also includes soil
I
Time Limit Per
Dwelline
One day
Posted at main and secondary
entryways. since resident will
not be present to answr the
dwr.
Same as Level 2.
Issued: 03/26/02
Page: 14
same as Level 2.
Remove top layer or plastic fmm
flwr and discard. Keep bouom
laycr of plastic on nwr for use
on the next day. HEPA vacuum,
wet wash, and HEPA vacuum
dl surfaces in rwm. Also wet
wash and HEPA vacuum flwr
in adjacent m(s) used as
pathway to work ana. Do not
store debris inside dwelling
overnight; use a secure locked
area.
wels (not including Y
Any interim control or
abatement method disturbing
10 to 50 rqvari feet of exterior
Also includes soil control
painted surface per dwelling.
work.
None
Posted at building exterior
near main and secondary
cnnyvays.
Same as Level 2.
Same as Level2
Full HEPA vacuum, wet
wash, and HEPA vacuum
cycle, as detailed in Chaptcr
14.
indows)
Any interim control or
abatemcnt method
disturbing more than 50
square feet of exrerior
painted surface per
dwelling. Also includes
soil conrml work.
None
Allstate Services Environmental, Inc., 5797 Chesapeake Coun - Suitc 103. San Diego, CA 92123
Phone: (858)279-0835 Fax: (858)279-0837
Lead-Related Construction Specifications
Pine Elementary School-Buildings 1-5
3333 Hading Street, Carlsbad, California 92008
Porches 1
Inside dwelling but outside work area
for duration of project until clean-up
has been completed. Alternatively,
resident can leave until all work has
been completed. Resident must have
lead-safe access to entrylegress
pathways.
One layer of plastic on ground extending 10 feet
bond the perimeter of working surfaces. Do not anchor ladder feet on top of plastic (puncture
the plastic to anchor ladders securely to ground).
For all other exterior plastic surfaces, protect
plastic with boards to prevent puncture from
falling debris. nails. ctc., if necessary. Raise edges of plastic to mate a basin to prevent
precipitation. Secure plastic to side of building contaminated runoff in the event of unexpected
with tape or other anchoring ryxtcm (no gap between plastic and building). Weight all plastic sheets down with two-by-fours or similar
objects. Keep all windows within 20 fcet or
working surfaces closed, including windows of
adjacent IMCNES.
Remove all movable items to a 20-fmt distance
readily moved to a 20-foot distance Fan be
from working surfaces. Item that cannot be
scaled with taped plastic sheeting.
fwt perimeter around working surfaces (or less
Erect tempormy fencing or barrier tape at a 20-
than 20 feet). If an enmyway is within IO fcet of
if distance to next building or sidewalk is lcss
working surfaces, require use of alternative entryway. Ifpractical install venicsl
containment to prevent exposure. Uw a locked
dumpster. covered truck or locked mm to store debris before diraosal.
Post warning signs on the building and ara 20-
distance to next building or sidcwalk is lcss than foot perimeter around building (or less if
20 feet).
Do not conduct work ifwind speeds arc greater
than 20 miles per hour. Work must stop and
cleanu~) must occur before rain beains.
Do not leave debris or plastic out overnight if
work is not completed. Keep all debris in
secured area until final disposal.
~
One lead-safe cnrryway must be made available
to residents at all times. Do not Ueat front and
rear porches at the same time if there is not a
third dwnuay.
~~~~ -
Relocated from
dwelling during
workday, but may return affer daily clean-
up has been completed.
Same as Level I
iamc as Level 1
iamc as Level I
;me as Lewl I
;me as Level 1
,me as Level I
-eatcd at the same time. mnt and rear porches can be
nlcss unprotected workers
lust use thc doonvav.
Issued: 03/26/02
Page: 15
Relocated from
dwelling for
duration ofproject,
but may return affer
final clearance has
been acheived.
Same as Level 1
Same as LNCI I
iamc as Level I
Came as Level I
iame as Level I
iame as Level 2
Alktale Services Environmental, Inc., 5797 Chesapeake Coun - Suite 103, San Diego, CA 92123
Phone: (858) 279-0835 Fax: (858) 279-0837
Lead-Related Construction Specifications
Pine Elementary School-Buildings 1-5 b 3333 Harding Street, Carlsbad, California 92008
Issued 03/26/02
Page: 16
Table 8.3 Window Treatment or Replacement Worksite Preparation
Any Window Treatment or.Replacement Appropriate
Applications
Resident Location
Time Limit Per Dwelling
Contninmcnt and Barrier
System
Remain inside dudling but amide work area until project has bm completed. Altcmatively, can leave until aI work has been complned. FZsiknt mu1 have access to Icad-safe cnti?legcrs pathua):
None
One layer of plastic rhcetingm pvnd or floor clncnding 5 fcct bepnd perimeter ofuindow being
freatedlreplaced. Two iayen of plastic taped to interior wail if working on window from oulsidc; if working
fmm thc inside, rap two lap3 of plastic to merior uilll. If working fmm inside, implemcnt a minimum
Interior Worksitc PreparasOn Level 2. Children cannot be present in M intcrior mom whcre plastic shecting is
located duc to suffocation hmrd. Do not anchor ladder feet on top of plastic (punCNre thc plastic to anchor
iaddcn securely to ground). For all otha cxtenor plastic surfacer, pmtut plastic with boards to prevent
puncture from falling debris. nails. nc. (if necessary). Secure plastic to side of building \\ith rape or other
anchoring system (no gaps bswrrn plastic and building). Weight dl plastic shmr daw with two-by-foun or
similar objects. All windoul in dwclling should be kept clmed. All windo\n in adjacent dwellings that M
cioscr than 20 fcct to the work area should be kept cimed.
Signs than 20 feet). Ifnindow i5 to be moved from inside. no cxteriar sign is nccessav
on the building and at a 20-fwt perimeter around building (or less ifdistance to nnt buildin!
Security Enn temporary fencing or barrier tapc at I 20-fwt pcrimctcr around building (or less ifdistance lo ncn buildin,
or sidewalk is less than 20 fen). Usc a locked dumpstcr, covered huck or locked room to store debris before
dirwsal.
Weather Do not conduct uvrk if wind spds arc grater than 20 miles per hour. Work must stop and cleanup must occ~l
before rain beeins. or work hld ~mcced from thc inside only.
Playground Equipment, Rcmoved from work area and djacrnt m. Rrmovc all items to a 20-foot distance from dwelling. Large.
Tow. Sandbox I unmovable items can be wrkd with raped plastic sheeting.
Ciranine If working fmm the inside, HEPA vacuum, wet wash and HEPA vacuum all interior surfaces within IO feel of
work area in a11 directions. Ifworking fmm the cscrior. no cleaning ofthe interior is needed, unless the
containment is breached. Similarly, no cleaning is nccdcd on thc emrior ifali work is done on the intcrior and
thc containment is not brrachcd. lfcontainmmt is breached, then cleaning on both sides ofthc window should
be pcrformcd. No debris or planic should be Icfi out ovcmight if uwrk is not completed. All debris must bc
kept in a saurc area until final disposal.
7. Decontamination Unit: At a minimum, the Contractor shall construct a two-stage
decontamination unit. This unit shall be connected to the abatement area for the
decontamination of workers contaminated with lead. The decontamination unit shall
consist of an equipment room, dirty room, and wash area in series. The Contractor shall
ensure that employees enter and exit the work area through.this unit.
a. The decontamination unit shall be constructed with six-mil polyethylene sheeting
on floors, walls, and ceiling. Doors through this unit shall be constructed as
described in paragraph 7, above.
8. Clean Area: The Contractor shall select a clean area outside the abatement area for the
workers to change into protective equipment. This area shall contain hand washing
facilities, clean cloths, storage for a HEPA vacuum, and respirator storage space.
Allstatc Scrvices Environmental, Inc., 5797 Chesapeake Coun - Suite 103, San Diego, CA 92123
Phone: (858) 279-0835 Fax: (858) 279-0837
..
Lead-Related Construction Specifications
Pine Elementary School-Buildings 1-5
3333 Harding Street, Carlsbad, California 92008
Issued: 03/26/02
Page: 17
W
Contaminated equipment or personnel shall not be permitted in this area. The floors and
walls of this area shall be covered with six-mil polyethylene sheeting.
9. Abatement Area: The Contractor shall preclean all surfaces with a HEPA vacuum and remove any furniture, or other movable objects. All debris gathered during this clean up
shall be disposed of properly. In addition, any existing loose paint or paint bearing
materials found in the buildings are to be assumed hazardous and packaged and disposed
ofproperly. The amount of the material should be estimated during the pre-bid walk
through.
10. Special Areas: Any abatement project being performed on any structure other than a
building shall be arranged, equipped, and operated in a manner which will eliminate the
possibility of lead contaminants of lead contaminated materials escaping from the work
area.
a) The Contractor shall maintain polyethylene banien, and a clean area as long as
needed for the safe and proper completion of the work. Any openings or tears in
the work area barriers shall be corrected by the Contractor at the beginning of each
workday and as necessary during the workday with such openings or tears reported
immediately to the owner. Work will not be allowed to commence until all barriers
1 I. Ventilation: A pressure differential system utilizing HEPA filtration capable of four (4) air
are in place and acceptable to the Consultant.
exchanges per hour inside ofthe work area and a constant air flow from adjacent areas into
the work area and exhausting that air outside the work area.
C. PROTECTIVE PROCEDURES
1. Worker Protection Reauirements
a. Biological Monitoring: This screening shall be performed every two months for the
first six (6) months, and every six months thereafter. In addition, the Contractor
shall have a medical examination performed on each employee. This medical
examination must be performed before workers begin lead contaminated work and
at the termination of an employee's employment or yearly, whichever comes first.
A worker shall be removed from the job whenever two blood-sampling tests
average more than 25 pddl or if a single test exceeds 30 @dl and/or an increase of
10 or more &dl. The Contractor shall be responsible for medical surveillance and
record keeping. All applicable regulations will apply.
b. Trainine Requirements: All workers and supervisors shall have completed a
training course provided by an accredited training provider.
C. Suoervision: The Contractor shall provide one site abatement supervisor whose
responsibilities include coordination, safety, security, and execution of all phases
of the lead removal project. The supervisor shall not be used as a lead removal
worker, and shall be assigned full time to the project. The supervisor shall be fully
Allslate Services Environrnenlal, Inc.. 5797 Chesspealtc Coun - Suirc 103. San Dicgo, CA 92123
Phonc: (858)279-0835 Fax: 1858) 2796837
I
Lead-Related Construction Specifications
Pine Elementary School-Buildings 1-5
3333 Harding Street, Carlsbad, California 92008 .-.,
Issued 03/26/02
Page: 18
qualified in all aspects of lead abatement practices and procedures, as well as
training in relevant federal, state, and local regulator). requirements, procedures
and standards, supervisory techniques, reading and interpreting lead inspection
reports, and proper disposal procedures.
1) The Contractor shall ensure that all workers are familiar with all aspects of proper abatement practices during the performance ofthe work, i.e.,
workers are trained and prepared to do a good and careful job, and to
protect themselves and present building occupants.
d. Resuirators and Personal Protective Eauiument (PPE):
1) Personal protection, in the form of disposable coveralls and NIOSH approved respirators, is required for all workers, supervisors, and
authorized visitors entering the work area during the abatement and
cleaning operations.
2) Each worker shall be supplied with disposable suits every day. Under no circumstances will anyone entering the removal area be allowed
to reuse a contaminated uniform. In addition to disposable suits for the
workers, the Contractor shall also supply suits for the Consultant and
other personnel who are authorized to inspect the worksite: Disposable
suits, such as TYVEK suits, and other personal protective equipment
(PPE) must be donned prior to entering work area. A clean area will be
provided for workers to put on suits and orher personal protective
equipment and to store their street clothes.
3) Work clothes shall consist of disposable full-body suits, head covers: gloves with cuffs extending outside the sleeves of the protective suit, boot
or shoe covers, and other protection as needed. Hard hats shall be worn,
as required.
4) Eye protection to personnel engaged in lead operations shall be furnished when the use of a full-face respirator is not required.
5) Goggles with side shields will be worn when working with a material that
Material Safety Data Sheet (MSDS) for that product.
may splash or fragment, or if protective eye wear is specified on the
6) Additional respirator). protection by supplemental filters, such as organic
vapor cartridges, may be needed when handling some coating products.
Consult the Material Safety Data Sheets (MSDS) and obtain the proper
filters as necessary.
Allstate Services Environmental, inc., 5797 Chesapeake Com- Suite 103. San Dkp, CA 92123
Phone: (858) 279-0835 Fax: (858) 2796837
Lead-Related Construction Specifications
Pine Elementary School-Buildings 1-5
3333 Harding Street, Carlsbad, California 92008
Issued: 03/26/02
Page: 19
7) The Contractor shall supply workers and supervisory personnel with NlOSH approved respirators and HEPA. filters. Respiratory
protection shall be implemented for all work performed by the Contractor
under this Section. The respirators shall be sanitized and maintained
according to the manufacturer's specifications. Disposable respirators
shall not be considered acceptable under any circumstances. The
Contractor will maintain on-site a sufficient supply of HEPA filters to
allow workers and supervisory personnel to change contaminated filters
per manufacturer's recommendations or when breathing resistance is
encountered. The Contractor is solely responsible for means and methods
used and for compliance with applicable regulations.
exclusive use, All respiratory protection shall be provided to workers in
accordance with the approved respiratory protection program, which
includes all items in CAL-OSHA Respiratory Protection Program Title 8,
Section 5144. A copy of this program shall be kept at the worksite, and
shall be posted in the clean area.
8) Respirators shall be individually assigned to removal workers for their
9) Workers must perform negative and positive pressure fit tests each time a respirator is put on, whenever the respirator design so permits.
10) Powered air purifying respirators (PAPR) shall be tested for adequate
flow BS specified by the manufacturer.
11) Workers shall be given a qualitative fit test in accordance with procedures
detailed in OSHA 29 CFR 1910.134, Qualitative Fit Test
Protocols, for all respirators to be used on this abatement project. An
appropriately administered quantitative fit test may be substituted for the
qualitative fit test.
12) If a question exists as to the proper selection of respirators, the Contractor
may consult CAL-OSHA Tables.
13) Upon leaving the active work area, cartridges must be removed and
respirators cleaned in a disinfectant solution and clean water rinsed.
14) Clean respirators should be stored in plastic bags when not in use.
15) The Contractor shall inspect respirators daily for broken, missing, or
damaged parts.
16) The Contractor shall provide personal sampling to check personal
exposure levels. Samples shall be taken for the duration of the work shift
or for eight hours, whichever is less. Personal samples need not to be
taken every day but must be taken in accordance with Title 8, Section
Allstale Services Environmental. Inc., 5797 Chesapeake Coun - Suite 103. San Diego, CA 92123
Phone: (858) 279-0835 Far: (858) 2794837
Lead-Related Construction Specifications
l L* Pine Elementary School-Buildings 1-5
3333 Harding Street, Carlsbad, California 92008
Issued: 03/26/02
Page: 20
1532.1. Sampling will determine eight hour Time-Weighted Averages
(TWA). Results shall be provided to the Owner and Consultant within 48
hours of the sampling.
17) Contractor shall comply with all CAL-OSHA and/or other
applicable requirements of worker medical examinations for
approval to wear respiratory protection, and shall submit
documentation of such approval to the Owner.
2. Work Procedures: In order to avoid possible exposure to dangerous levels of lead and to
prevent possible contamination of areas outside the demarcated work area, work shall
follow the general guidelines listed below:
a. Work Area Entrv: At no time shall a worker or other authorized personnel
entering the work area go further than the Clean Area without proper respiratory
protection and protective clothing.
b. Work Area Departure: The worker shall remove all gross contamination, debris, and
dust from the disposable suit by completely HEPA vacuuming them before leaving
work area.
C. Personal Protective Eauipment: Ail persdns.leaving the work area must remove
their personal protective equipment (except respirators) before leaving. Suits shall
be removed "inside out" to minimize the dispersal of lead dust.
d. Eauipment: All equipment used by the workers inside the work area shall be
either left in the work area or thoroughly decontaminated before being removed
from the area. Extra work clothing (in addition to the disposable suits supplied by
the Contractor) shall be left in the clean area until the completion of work in that
area. The clean area shall be cleaned of all visible debris and disposable materials
daily.
e. Prohibited Activities: Under no circumstances shall workers or supervisory
personnel eat, drink, smoke, chew gum, or chew tobacco or remove their
respirators in the work area. To do so shall be grounds for the Ownet and/or
Consultant, to STOP all removal operations. Only in the case of life threatening
emergency shall workers or supervisory personnel be allowed to remove their
protective respirators while in the work area. In this situation, respirators are to be
removed for as short of a duration as possible.
f. Footwear: As with additional clothing, all footwear shall be left inside the clean
area until the completion of the job and then shall be HEPA vacuumed or
discarded as contaminated waste.
Allrtate Services Environmental. Inc., 5797 Chesapeake Coun - Suite 103, San Diego, CA 92123
Phone: (858) 279-0835 Fax: (858) 2794837
Lead-Related Construction Specifications
Pine Elementary School-Buildings 1-5
3333 Harding Street, Carlsbad, California 92008
Issued: 03/26/02
Page: 21 h d
g. Shock Hazards: The Contractor is responsible for using safe procedures to avoid
electrical hazards. Power will be shur off and checked before work begins when a
hazard exists.
All extension cords and power tools used within the work area shall be attached to
Ground Fault Circuit Interrupters (GFCI).
3. Personal Air Samdinq: ..
a. m: The Contractor is required to perform the personal air sampling
activities. The results of such sampling shall be posted, provided to individual
workers, and submitted to owner and consultant as described herein.
b. Samuling: Samples shall be taken for the duration of the work shift or for eight
hours, whichever is less. Personal air samples need not be taken every day after the
first day if working conditions remain unchanged, but must be taken every time
there is a change in the removal operation, either in terms of the location or the type
of work. Sampling will be used to determine eight-hour Time-Weighted Averages
(TWA). The Contractor is responsible for personal air sampling.
C. Samoline Results: Air sampling results shall be transmitted to the owner and
individual workers in written form no more than forty-eight (48) hours after the
completion of a sampling cycle. The reporting document shall.list each sample's
sampling time and date, personnel monitored and their social security numbers,
flow rate, sample duration, sample yield, cassette size, and analysts' name and
company, and shall include an interpretation of the results. Air sample analysis
results will be reported in rnicrograms/cubic meter (ug/m3).
d. Testine Laboratory: The Contractor's testing lab shall be ELPAT accredited for
heavy metal$. Contractor shall submit for the Owner's and Consultant's review and
acceptance the name and address of the laboratory, certification(s) of ELPAT
accreditation for heavy metal analysis, a listing of relevant experience in air lead
analysis and presentation of a documented Quality Assurance and Quality Control
program.
e. Air Monitorine Freauency: The air monitoring frequency for Contractor
operations will be established in accordance with the requirements set forth in Title
8, Section 1532.1.
D. INSPECTIONS
In addition to various daily inspections of the lead work area and abatement practices, the
Consultant will make three (3) mandatory inspections during the work, one during each phase of
removal..Each inspection must be requested by the Contractor to be performed by the consultant to
the consultant's satisfaction before work may begin for next phase of work, or an area accepted.
Failure on the part of the Contractor to obtain the Consultant's approval before proceeding to the
Allslate Services Environmental. Inc., 5797 Chesapeake Coun - Suile 103, San Diego, CA 92123
Phone: (858) 2794835 Fax: (858) 279-0837
Lead-Related Construction Specifications
Pine Elementary School-Buildings 1-5
LJ 3333 Harding Street, Carlsbad, California 92008
Issued: 03/26/02
Page: 22
d
next scheduled phase is regarded as a violation of this Section. In the event of this occurring,
Consultant will request work to be stopped and Owner will be contacted to intervene.' The three
inspections are as follows:
I. Work Area Preparation Completed: Contractor shall have all pre-abatement preparations of
the work area complete, seek and review approval from consultant to proceed.
2. Post Removal Inspection: Contractor shall have completed abatement and final clean-up of
all visible debris, and perform final cleaning techniques of wet washing and HEPA
vacuuming.
3. Final Clearance: 'Consultant will perform final clearance wipe testing as soon as possible
after final clean-up activities are completed, or as appropriate.
E. ABATEMENT PROCEDURES
1. Overview: The information contained in this Section indicates specific abatement
procedures for designated components and general abatement procedures for non-specific
components. The actual components to be abated are found in Section H of the abatement
specifications.
a. Workmanship: All lead-based paint.abatement activities shall be conducted in a
professional workman-like manner. The Contractor must realize that any abatement
procedure may cause damage to the substrate and/or adjacent surface if performed
improperly, therefore, strict work controls are required.
b. Approval: The contractor must receive prior approval from the owner and
consultant before using any materials or equipment. No methods involving open
flame, wire brushing, or dry scraping alone, or with the aid of flammable solvent or
abrasive compound, or solvents containing methylene chloride, shall be used in
removing paint.
C. Disposal: All leaded materials, residues, debris or soil contaminated as a result of
abatement, must be treated and/or disposed of in accordance with regulations and
guidelines of:
U.S. Department of Environmental Protection Agency, U.S. Department of
Housing and Urban Development, state and local regulations and ordinances, and
all other applicable agencies. All such materials shall be wrapped in six-mil plastic
sheeting with all edges and seams sealed or placed in six-mil plastic bags with the
top of the bags twisted so as to form a loop. The loop shall then be sealed. The
bags of residueldebris shall then be further containerized in an additional six-mil
plastic bag. The sealing process shall include the use of a waterproof tape of
sufficient strength so as to maintain the integrity ofthe seal. All components shall
Allstate Services Environmental, Inc., 5197 Chesapeake Coun - Suite 103, San Dicgo, CA 92123
Phone: (858) 279-0835 Fax: (858) 279-0837
Lead-Related Construction Specifications
Pine Elementary School-Buildings 1-5
3333 Harding Street, Carlsbad, California 92008
Issued: 03/26/02
Page: 23
have all nails and/or other hardware flattened or removed prior to disposal. The
residuddebris shall be lightly misted prior to placement for~disposal. The residue
debris shall be carefully handled so is to prevent rupture, or in any way diminishing
container integrity. All wastewater shall be collected and tested prior to disposal.
Ths Contractor shall consider filtering the water through a five (5) micron filter
prior to testing.
d. Materials and Eauioment: The work of this Section, without limiting the generality
thereof, includes the furnishing of labor, materials, tools, equipment, services and
with the Plans and Specifications which are intended to describe, and provide for, a
incidentals necessary to complete all Lead Based Paint Abatement in accordance
finished piece of work; what is called for by any portion of these documents shall
be complete in every detail, notwithstanding whether or not every item necessarily
involved is particularly mentioned.
Polyethylene sheeting (minimum thickness of six-mil)
Plastic bags (minimum thickness of six-mil)
Waterproof tape
Lead Warning Signs (as required)
Flexible duct for ventilation units (if required)
Spray adhesive (fire retardant)
Personal Protective Equipment (NIOSH approved
respirators, eyewash stations)
Ventilation units and exhaust fans
HEPA vacuums
Other materials, tools and equipment necessary for lead based
Polyethylene sealer (concrete compatible)
paint abatement
Lead specific cleaner
Fire extinguishers
Portable eye washes
All products required to perform abatement as specified
Material Safety Data Sheets (MSDS) for all products used, these
will be kept on site at all times.
e. Damage and Reoairs to the Work Site: Lead based paint removal shall be
performed without damage to the building, including, but not limited to, structural
members, utilities, ceilings, pipes, walls, or light fixtures. The Contractor shall
provide protection of these items and materials as part of the work area preparation.
Where lead paint abatement activity causes damage beyond these specifications,
the Contractor shall patch, repair, replace or otherwise restore the damaged items to
their original condition, with similar to better materials, at no additional cost to the
Owner. This includes repair of surfaces damaged during component removal as
described herein.
Allstare Scnica Environmental, Inc., 5797 Chesapeake Court - Suite 103, San Diego, CA 92123
Phone: (858) 2794835 Fax: (858) 279-0837
Lead-Related Construction Specifications
Pine Elementary School-Buildings 1-5
3333 Harding Street, Carlsbad, California 92008
Issued: 03/26/02
Page: 24
f. Resoonsibilities and Suoervision: The Contractor will be required to use specific
abatement methodologies during the course of the work. It will be the responsibility of the
Contractor to abide by all ofthe worker protection adsafety specifications as outlined.
The Contractor will be required to provide electrical service sufficient for the equipment to
be used during abatement. Plumbing shall also be provided by the Contractor so that
adequate services are available for washing down the areas after abatement and for personal
hygiene. The Contractor will be required to have an on-site abatement supervisor during all
phases of abatement and will be required to have all employees trained that perfom the
actual work.
2. Comoonent Removal Procedures:
a. General: Abatement procedures detail both specific components and the
generalities of component removal. Specific components are listed in Section H
Abatement Schedule; generalities ofabatement are detailed below. All resulting
bundles of "containers" of removed components and/or debris shall be carefully
handled to reduce the potential of ripping, bursting, or otherwise diminishing the
integrity of the bundle or "container."
1) Care must be taken so that leaded materials are neither burned, nor dusted,
nor result in further exposure to workers, residents, children or observers,
2) Care shall be taken to avoid damage to adjacent areas during the removal of
components to be replaced. The Contractor shall run a utility knife around
the edge (score) of the abatement substrate and the adjacent (non-abated)
substrate to cut any bonding between the substrates and thereby eliminate
damage.
3) If components to be removed contain gross areas of loose or peeling paint,
these areas shall be wet scraped or HEPA vacuum prior to removal. The
paint chips shall be contained either in the HEPA vacuum or in a separate
six-mil polyethylene bag. Temporary encapsulant expressly for this
purpose are also acceptable.
4) Components that are removed for replacement shall be wrapped and stored
for disposal, or disposed of in accordance. with the applicable codes and
requirements ofthis Section. Specific components and abatement
procedures are:
a) Wood Component Removal: A pry device shall be utilized to
carefully remove the components. Once the component has been
removed, the resulting material shall be cut into lengths that are
easily managed for the purposes of containerization.
Containerization shall be accomplished by removing or flattening
all nails to prevent punctures or tearing and wrapping the material
Allstate Services Environmental, Inc., 5797 Chesapeake Court - Suite 102. Sa" Diego, CA 92123
Phone: (858) 279-0835 Fax: (858) 279-0837
Lead-Related Construction Specifications
Pine Elementary School-Buildings 1-5
3333 Harding Street, Carlsbad, California 92008
Issued: 03/26/02
Page: 25
'L
in six-mil plastic sheeting. The wrapping shall be finalized by
securing with waterproof tape of sufficient strength at all edges and
seams, so as to prevent diminishing the integrity of the container.
3. Paint Film Stabilization:
a. Substrate Reuairs
1) Prior to stabilizing lead-based paint, correct substrate surfaces defects.
Remove loose, unsound or deteriorated substrates. Placed in 6 mil
polyethylene disposal bag and dispose of in accordance with applicable
regulations.
b. Paint Removal
1) Wet Scraping: remove all loose, flaking and deteriorated paint by wet
scraping. Continually mist surface with water during scraping.
2) Wet Sanding: prepare finish surfaces by wet sanding, feather edges lightly.
Keep surface wet while sanding.
C. Surface Cleaninz
I) Dust and chips: HEPA vacuum surface after drying.
2) Chemically treat surface if necessary for good paint adhesion. Follow
manufacturer's printed instructions for system used.
3) Test surface for pH. Remove mold with a 1% to 10% bleach solution.
Provide appropriate eye, skin, and respiratory protection during mold
decontamination procedures. Remove waxes with ammonia and water,
Degrease surfaces with suitable cleaner. Rinse thoroughly following
cleaning.
F. DAILY CLEAN-UP, PRELIMINARY, POST ABATEMENT CLEARANCE, CLEAN-UP
AND FINAL CLEARANCE
1. End of Day Cleaning: Thirty (30) minutes prior to the end of each workday, the lead work
area must be cleaned of all debris. Under no circumstances will lead clean up be permitted
shall be cleaned of dust and debris. Such cleaning shall include a thorough HEPA
when active lead paint abatement work is proceeding. All interior surfaces in the work area
vacuuming of all affected surfaces, as determined by the consultant. Additionally, such
cleanings may require the use of a lead specific cleaner. All waste materials generated
during this daily clean up shall be disposed of as hazardous waste, unless analytical testing
proves othenvise.
Allstate Services Environment& Inc., 5797 Cherapkc Court - Suits 103, Sa" Diqo, CA 92123
Phone: (858) 279-0835 Fay: (858) 279-0837
Lead-Related Construction Specifications
Pine Elementary School-Buildings 1-5
L./ 3333 Harding Street, Carlsbad, California 92008
Issued: 03/26/02
Page: 26
2. Eauipment Cleaning: Durable equipment, such as power and hand tools, generators, and
vehicles shall be cleaned prior to removal from unit undergoing abatement or the site. All
equipment shall be cleaned by HEPA vacuuming and wet washing with a lead specific
cleaner.
a. High Efficiency Particulate Air (HEPA) Vacuum: The contractor will obtain
training in the use of the HEPA vacuum from the manufacturer prior to use and
submit evidence to this training to the owner and consultant. The contractor shall
obtain HEPA vacuum attachments, such as various size brushes, crevice tools, and
angular tools to be used for varied applications and service the HEPA vacuum
routinely to assure proper operation. Caution shall be used any time the HEPA
vacuum is opened for filter replacement or debris removal. Operators shall wear a
full set of protective clothing and equipment, including respirators, when using the
HEPA vacuuming equipment.
3. Preliminarv Clean-UD: Upon completion of the lead paint abatement and a satisfactory
visual inspection by the owner/consultant in a given work area, a preliminary clean-up shall
be performed by the contractor. This clean-up includes removal of any contaminated
material, equipment or debris including polyethylene sheeting from the work area. The
polyethylene sheeting shall first be sprayed or misted with water for dust control, the
resulting abatement debris removed, then the sheeting shall be folded in upon itself.
a. Laree Debris: Large debris from demolition shall be wrapped in polyethylene
sheeting at least six-mil thick, sealed with heavy duty duct tape, and stored until
proper disposal.
b. Small Debris: Prior to picking up or collecting small debris, the surfaces of this
debris will be sprayed with a fine mist of water. The debris will be picked up,
collected and placed into a single plastic bag, at least six-mils thick. The bags shall
not be overloaded, shall be securely sealed, and shall be stored in the designated
area until disposal. Dry sweeping is not permitted in the work area; wet sweeping
will require approval by the consultant.
C. Sheeting: Removal of surfaces six-mil polyethylene sheeting shall begin from
upper levels. Removal of ground polyethylene sheeting shall begin at'the comers
and folded into the middle to contain the dust or Tesidue. All collected polyethylene
sheeting shall be placed in six-mil polyethylene bags for proper disposal as
described in this specification.
d. HEPA Vacuuming: Once the six-mil polyethylene sheeting is removed from the
work area, cleaning shall begin with a thorough HEPA vacuuming of all surfaces,
starting at the ceilings, proceeding down the walls and including window, door, and
door trim and floor. The floor shall be vacuumed last, beginning at the farthest
comers from the entrance to the work area. HEPA vacuuming shall again be
performed as noted above, after the following wet wash.
Allstatc Semiccs Environmental, Inc., 5797 Chesapeake Cwn - Suite 103, San Diego, CA 92123
Phone: (858) 2794835 Fax: (858) 279-0837
Lead-Related Construction Specifications
Pine Elementary School-Buildings 1-5
3333 Harding Street, Carlsbad, California 92008
Issued: 03/26/02
Page: 27
.i
e. Wet Wash: Contractor shall next wet wash or mop the same surfaces with a lead specific
cleaner and allow surfaces to dry. Then a second HEPA Vacuuming of the surfaces will be
performed by the contractor, as described above. By the conclusion of the cleaning phase,
all visible dust and debris shall have been completely removed.
f. Hygiene. Cleaning Equioment and SuDolies: Special attention shall be given to
personal hygiene and the cleaning of supplies and/or equipment. All mop heads,
sponges and rags shall be replaced or changed daily, at a minimum. Rags, mop
heads or sponges may be reused if contractor has them cleaned via a washing
system specially equipped with HEPA filtration.
g. Detereents: The contractor shall prepare and use detergents specifically designed for lead abatement work. The manufacturer's recommended coverage will be
followed. Detergent solutions should be replaced as needed.
The wastewater from the clean up shall be contained and disposed of according to
all applicable federal, state, county and local regulations and guidelines. In no
instance shall wastewater be disposed in storm sewers (e.g. yard inlet or street
drain) or sanitary sewers (e.g. toilet, sink, or any other household/ residential/
commercial type drain system) without specific governmental approval.
.4. Visual Inspections: The contractor shall then request a visual inspection by the owner and
consultant. If the area does not pass a visual inspection, the contractor shall reclean the
area.
5.
shall be performed by the consultant. This shall be performed after the contractor has
Post Abatement Clearance: When all surfaces have passed visual inspection, wipe samples
completed the final clean up. The standards for passing a wipe test are outlined in Section
F.8. Should laboratory results indicate that the wipe test clearance level is exceeded, the
contractor shall reclean the affected area, at no additional cost to the owner, utilizing the
methods specified above. Retesting will then be performed to verify compliance with the
mandated levels. Contractor shall pay for all additional testing and provide at no additional
cost, a recleaning of an affected area until the clearance level is achieved. The contractor is
also responsible for any additional expenses such as, relocation expenses due to failure of
clearance.
6. Finish Coatines: Finished coatings, including but not limited to stains, primer, sealers, and
poly coatings, if used, shall only be applied upon approval by the owner/consultant. Any
surface requiring painting shall be primed with an approved primer.
7. Final Clearance: Final clearance shall take place after finish coating has been applied. Final
clearance shall include visual inspection and wipe sampling as per section 4 and 5 above.
Allstate Services Environmmtal, Inc., 5797 Chcrapcakc Coun - Suile 103, San Diego. CA 92123
Phone: (858) 2794835 Fa: (858) 2794837
Lead-Related Construction Specifications
Pine Elementary School-Buildings 1-5 b&J 3333 Harding Street, Carlsbad, California 92008
Issued: 03/26/02
Page: 28
8. Inspection/Clearance Standards: When clean up has been completed and all surfaces have
been sealed, wipe samples by the consultant will be performed. The following standards
shall be met for all “clearance” requirements:
a. Wipe Tests:
TvDe of Abatement Procedure Number and Location of Wipe Samoles
Interior Treatments
Exterior Treatments
Two dust samples from every treated
room (up to four rooms)
* One interior window sill or window
trough, alternating between rooms.
* One floor.
Two dust samples as follows:
* At least one dust sample on a horizontal surface
in part of the outdoor living area.
* One window trough sample on each floor
where exterior work was performed.
Other applicable areas may also have wipe samples taken, at the discretion of the consultant in conformance
with the HUD Guidelines For the Evaluation and Control of Lead-Based Paint Hazards in Housing.
9 An area is a room, closet, pantry, hall, portion of room (such as the dining area of a kitcheddining
room), etc. If a room and its closet are both abated, they can be treated as one area for purpose of
wipe testing.
b. Wioe Standards: The standards for passing a wipe test are:
Floors 50 micrograms per square foot or less
Window Sills 250 micrograms per square foot or less
Window Wells 800 micrograms per square foot or less
C. m: Should laboratory results indicate that the wipe test clearance
level is exceeded, the contractor shall re-clean the affected area, at no
additional cost to owner, utilizing the methods specified above. Retesting
will then be performed to verify compliance with the mandated levels.
Contractor shall pay for all additional testing and provide at no additional
cost a recleaning of an affected area until the clearance level is achieved.
Allrtatc Seniccr Environmental, Inc., 5797 Chesapeake Cow- Suite 103. San Diego, CA 92123
Phone: (858) 279-0835 Fax: (858) 279-0837
Lead-Related Construction Specifications
Pine Elementary School-Buildings 1-5
3333 Harding Street, Carlsbad, California 92008
Issued: 03/26/02
Page: 29
G. DISPOSAL OF WASTE MATERIAL
Caution Note for Contractors:
All materials, whether hazardous or non-hazardous, shall be disposed in accordance with all laws
and the provisions of this section and any or all other applicable federal, state, county or local
regulations and guidelines. It shall be the sole responsibility ofthe contractor to assure compliance
with all laws and regulations relating to this disposal.
1. General Auulicabilit.i:
The Abatement Contractor shall contact the regional EPA, state, and local authorities to
determine lead-based paint debris disposal requirements.
The requirements of Resource Conservation and Recovery Act (RCRA) shall be complied
with as well as California solid waste plan requirements. During abatement, the Abatement
Contractor shall not leave debris on the property, incinerate debris, dump waste by the road
be flushed down yard inlet or street drain) or sanitary sewers (will not be flushed down
or in an unauthorized dumpster, or introduce lead-contaminated water into storm (will not
toilet or other household drain.)
2. DiSDOSal Reauirements:
a. The following materials will be disposed of by the Abatement Contractor as
HAZARDOUS WASTE in accordance with this section. All costs associated with
the disposal of these materials as hazardous waste shall be included in the
Abatement Contractor's Base Bid Price. - all paint chips and paint chip debris
b. The following materials, individually and at a minimum, shall be tested by the
Abatement Contractor and results made available to Owner and Consultant, to
determine whether or not they are to be considered hazardous. All costs associated
with the testing and proper disposal of the below mentioned materials shall be
included in the Abatement Contractor's Base Bid Price. - wastewater used to decontaminate - rags, sponges, mops, HEPA filters, respirator cartridges, and other
materials used for abatement and clean-up and containment
3. Hazardous Waste Tests:
In order to determine whether the wastes are classified as non-hazardous solid or hazardous
waste as defined under the Resource Conservation and Recovery Act, the Toxicity
Characteristic Leaching Procedure (TCLP) must be performed. Representative samples
shall be required of all material to be disposed.
Allstate Services Envimnmmtal, he., 5797 Chesapeake Corn - Suitc 103, Sam Diego, CA 92123
Phone: (858) 279-0835 Fax: (858) 279-0837