HomeMy WebLinkAbout1999-05-04; City Council; 15168; Advertise Bids For Drainage Stagecoach ParkAB# 6/6&
MTG. s/4/99
DEPT. PW
CITY OF CARLSBAD - AGEhi-A BILL
TITLE:
AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE
INSTALLATION OF INFIELD DRAINAGE ON BASEBALL
FIELDS AT STAGECOACH PARK AND APPROPRIATE
ADDITIONAL FUNDS CONTRACT NO. PO2-99
CITYATTY ’
RECOMMENDED ACTION:
Adopt Resolution No. ?!I 1s 3 approving contract documents and special
provisions, and authorizing-the City Clerk to advertise for bids for installation of infield
drainage on baseball fields at Stagecoach Park, Contract No. PO2-99.
ITEM EXPLANATION:
The existing baseball fields at Stagecoach Park are a very heavy clay base, and rains
make the fields unplayable for up to two weeks after each rain. Community groups and
residents have requested this problem be rectified, and as such the installation of infield
drainage was included in the Capital Improvement Program, Projects N’os. 35791 and
36411.
The work to be done consists of trenching and installing drainage materials on three
softball/baseball infields at Stagecoach Park and providing drainage completely off the field
site. This is necessary to produce playing infields that provide for rapid drainage of excess
water. The infields will be graded and returned to their pre-existing condition at the
completion of the project. The work will be completed between July 12 and August 27 so
as to not interfere with league play.
ENVIRONMENTAL REVIEW: This action has been determined to be exempt from environmental review per CEQA -
Class 1 (C)- Minor alteration of existing facilities.
FISCAL IMPACT:
The estimated cost of the program is $78,000. The current 1998-99 Capital Improvement
Program has $28,000 of General Capital Construction funds available for this project. An
additional $50,000 of GCC funds is required.
EXHIBITS:
1. Resolution No. $9 * t 5 3
2. Contract Documents and Special Provisions
RESOLUTION NO. w-153
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING CONTRACT
DOCUMENTS, SPECIAL PROVISIONS AND SPECIFICATIONS AND AUTHORIZING THE CITY CLERK TO
ADVERTISE FOR BIDS FOR INSTALLATION OF INFIELD
DRAINAGE ON BASEBALL FIELDS AT STAGECOACH PARK CONTRACT NO. PO289 AND APPROPRIATING ADDITIONAL FUNDS
6
7
WHEREAS, the contract documents, special provisions and specifications for the
furnishing of all labor, material and equipment necessary to complete Installation of
8 Infield Drainage on Baseball Fields at Stagecoach Park Contract No. PO2-99 have been
9 prepared and are on file in the Public Works Department, Park Maintenance Division
10 .and are incorporated by reference herein; and li WHEREAS $28,000 is available ‘for this project in the 98-99 Capital Improvement.
12 Program budget and $78,000 is estimated as the total cost for the project.
13
14
NOW, THEREFORE, BE IT RESOLVED,’ BY THE. City Council of the’ City of
Carlsbad as follows:
15 1. The above recitations are true and correct.
16
17
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2. The contract documents, special provisions and specifications as presented
19
are hereby approved.
20
3. The City Clerk of the City of Carlsbad is hereby authorized and directed to
21 if/
proceed to publish, in accordance with law, Notice Inviting Bids for the work
of said contract documents, special provisions and specifications.
22 Ill
23
24
25
26
27
28
i :
4. The Finance Director is authorized to appropriate an additional $50,000 of
General Capital Construction funds.
PASSED, APPROVED AND ADOPTED by the City Council of the City of
Carlsbad at its regular meeting held on the 4 th day of May ,
1999, by the following vote, to wit:
AYES: Council Members Hall, Nygaard, Finnila & Kulchin
NOES: None ABSENT: Council Member Lewis
CITY OF CARLSBAD
San Diego County
California
CONTRACT DOCUMENTS AND SPECIAL
PROVISIONS
FOR
(INSTALLATION OF
INFIELD DRAINAGE ON
BASEBALL FIELDS
STAGECOACH PARK)
CONTRACT NO. PO2-99
JULY17,1998
<? 7117198 Contract No. PO2-99 Page 1 of 64 Pages
TABLE OF CONTENTS
Paae
NOTICE INVITING BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
CONTRACTOR’S PROPOSAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
BID SECURITY FORM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
BIDDER’S BOND TO ACCOMPANY PROPOSAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
GUIDELINES FOR COMPLETING THE “DESIGNATION OF SUBCONTRACTOR AMOUNT
OF SUBCONTRACTOR’S BID” AND “DESIGNATION OF OWNER OPERATOR/LESSOR & AMOUNT OF OWNER OPERATOR/LESSOR WORK” FORMS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
DESIGNATION OF SUBCONTRACTOR 81 AMOUNT OF SUBCONTRACTOR’S BID . . . . . . . . . . 17
DESIGNATION OF OWNER OPERATOR/LESSOR &AMOUNT OF OWNER
OPERATOR/LESSOR WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,........... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
BIDDER’S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS’
LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS’ COMPENSATION . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
BIDDER’ S STATEMENT OF RE-DEBARMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
CONTRACT PUBLIC WORKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
LABOR AND MATERIALS BOND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
FAITHFUL PERFORMANCE/WARRANTY BOND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
REPRESENTATION AND CERTIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OF RETENTION (OPTIONAL) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
SPECIAL PROVlSlbNS
SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION PART 1, GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
t$ 7117198 Contract No. PO2-99 Page 2 of 64 Pages
CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Carlsbad Village Drive, Carlsbad, California 92008-1989, until 4:00 P.M. on the day of May, 19 , at
which time they will be opened and read, for performing the work as follows:
INSTALLATION OF INFIELD DRAINAGE ON BASEBALL FIELDS
STAGECOACH PARK
CONTRACT NO. PO2-99
The work shall be performed in strict conformity with the specifications as approved by the City
Council of the City of Carlsbad on file with the Public Works Department. The specifications for the
work include the Standard Specifications for Public Works , all hereinafter designated “SSPWC” as
issued by the Southern California Chapter of the American Public Works Association and as
amended by the special provisions sections of this contract. Reference is hereby made to the
specifications for full particulars and description of the work.
The City of Carlsbad encourages the participation of minority and women-owned businesses.
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, 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, properly executed and notarized are:
@ 7117198 Contract No. PO2-99 Page 3 of 64 Pages
1. Contractor’s Proposal
2. Bidder’s Bond
3. Non-Collusion Affidavit 4. Designation of Subcontractors
and Amount of Subcontractor Bid
5. Designation of Owner Operator/Lessors &
Amount of Owner Operator/Lessor Work
6. Bidder’s Statement of Financial
Responsibility
7. Bidder’s Statement of Technical Ability
and Experience
8. Certificate of Insurance
9. Bidder’ s Statement Re Debarment
1 O.Bidder’s Disclosure Of Discipline Record 11 .Purchasing Department Representation and
Certification
12.Escrow Agreement for Security Deposits -
(optional, must be completed if the Bidder
wishes to use the Escrow Agreement for
Security)
All bids will be compared on the basis of the Engineer’s Estimate. The estimated quantities are
approximate and serve solely as a basis for the comparison of bids. The Engineer’s Estimate is
$55,000.
No bid shall be accepted from a contractor who is not licensed in accordance with the provisions of California state law. The contractor shall state their license number, expiration date and
classification in the proposal, under penalty of perjury. The following classifications are acceptable
for this contract: C-27 and A in accordance with the provisions of state law.
If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu
of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date.
Sets of plans, special provisions, and Contract documents may be obtained at the Purchasing
Department, City Hall, 1200 Carlsbad Village Drive, Carlsbad, California, for a non-refundable fee of
If plans and specifications are to be mailed, the cost for postage should be added. $10.00 per set.
Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings,
specifications or other contract documents, or finds discrepancies in or omissions from the drawings
and specifications may submit to the Engineer a written request for clarification or correction. Any
response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No addition to, or
modification of or interpretation of any provision in the contract documents will be given orally nor
may any bidder rely on oral directions.
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or
informality in such bids.
The general prevailing rate of wages for each craft or type of worker needed to execute the Contract
shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy
of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the
Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract.
t$ 7117198 Contract No. PO2-99 Page 4 of 64 Pages
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 not be held.
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.
Bonds to secure faithful performance and warranty of the work and payment of laborers and
materials suppliers, in an amount equal to one hundred percent (100%) and fifty percent (50%),
respectively, of the Contract price will be required for work on this project. These bonds shall be
kept in full force and effect during the course of this project, and shall extend in full force and effect
and be retained by the City until they are released as stated in the Special 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 contain the following
documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or
other instrument entitling or authorizing the person who executed the bond to do so.
2) A certified copy of the certificate of authority of the insurer issued by the insurance
commissioner.
If the bid is accepted, the City may require copies of the insurer’s most recent annual statement and
quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with
section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of
the insurer’s receipt of a request to submit the statements.
Insurance is to be placed with insurers that have (1) a rating in the most recent Bests Key Rating
Guide of at least A-:V, and (2) are admitted and authorized to transact the business of insurance in
the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: (1) meet the conditions stated above for all insurance companies
and (2) cover anv vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance
certificate must state the coverage is for “any auto” and cannot be limited in any manner.
43 7117198 Contract No. PO2-99 Page 5 of 64 Pages
Workers’ compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Bests rating condition is waived. The City
does accept policies issued by the State Compensation Fund meeting the requirement for workers’ compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. Any additional
cost of said insurance shall be included in the bid price.
The award of the contract by the City Council is contingent upon the Contractor submitting the
required bonds and insurance, as described in the contract, within twenty days of bid opening. If the
Contractor fails to comply with these requirements, the City may award the contract to the second or
third lowest bidder and the bid security of the lowest bidder may be forfeited.
The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract.
Approved by the City Council of the City of Carlsbad, California, by Resolution No
adopted on the day of ,I9 .
,
Date
t$ 7117198 Contract No. PO2-99
Aletha L. Rautenkranz, City Clerk
Page 6 of 64 Pages
CITY OF CARLSBAD
CONTRACT NO. PO2-99
CONTRACTOR’S PROPOSAL
City Council
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, Special 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. PO2-99 in accordance with the Plans, Specifications,
Special Provisions and addenda thereto and that he/she will take in full payment therefor the
following unit prices for each item complete, to wit:
SPECIFICATIONS
FOR INFIELD DRAINAGE AT
THREE (3) STAGECOACH PARK SOFTBALL/BASEBALL INFIELDS
Work To Be Done
The work consists of trenching and installing drainage materials on three (3) softball/baseball
infields and providing drainage completely off the field site (as per plans). The work includes all
operations necessary to produce playing infields that provide for rapid drainage of excess water.
The infields shall be graded and returned to their pre-existing condition at the completion of the
project. The contractor shall provide all materials and labor to install drainage systems designated
on plans. Work shall be completed in a professional and timely manner.
Timina of Work
This project involves improvements on Recreational fields, and has a sensitive time schedule. All
work must be completed between July 12 and August 27. Contact the Parks Superintendent at
(760) 434-2862 to confirm the exact field closure times.
Proiect Location
Stagecoach Park - 3420 Camino de 10s Caches This park is located near the easterly terminus of La Costa Avenue, just south on Camino de 10s
Caches.
Clean UR
All debris and excess material shall be removed from the area and the site to be left in a clean, safe
condition, acceptable to the City of Carlsbad.
<p 7/17/98 Contract No. POZ-99 Page 7 of 64 Pages
SCHEDULE I: STAGECOACH PARK IMPROVEMENTS
Approximate Item Quantity Unit No. Description and Unit Price Total
1 Furnish all materials and labor LS $ $ to install drainage system
(per plans & specifications)
on Field #I (Lump Sum)
2 Furnish all materials and labor LS $ $ to install drainage system (per
plans and specifications)
on Field #2 and Field #3 and
all related drainage work between the fields (Lump Sum)
Total amount of bid for Schedule 1 in words:
Total amount of bid for Schedule 1 in numbers: $
Price(s) given above are firm for 90 days after date of bid opening.
rf4 7117198 Contract No. PO2-99 Page 8 of 64 Pages
Addendum(a) No(s).
proposal.
has/have been received and is/are included in this
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 , classification which expires on
, and that this statement is true and correct and has the legal effect of
an affidavit.
A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the
Business and Professions Code shall be considered nonresponsive and shall be rejected by the City
§ 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at
the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code
§ 20104.
The Undersigned bidder hereby represents as follows:
1. That no Council member, officer agent, or employee of the City of Carlsbad is personally
interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no
representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted
him/her to enter into this Contract, excepting only those contained in this form of Contract and the
papers made a part hereof by its terms; and
2. That this bid is made without connection with any person, firm, or corporation making a bid for
the same work, and is in all respects fair and without collusion or fraud.
Accompanying this proposal is
or Cashier’s Check) for ten percent (10%) of the amount bid.
(Cash, Certified Check, Bond
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.
43 7117198 Contract No. PO2-99 Page 9 of 64 Pages
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
. . .
(Signature)
(Title)
Impress Corporate Seal here
. . .
43 7117198 Contract No. PO2-99 Page 10 of 64 Pages
(3) Incorporated under the laws of the State of
(4) Place of Business
(Street and Number)
City and State
(5) Zip Code Telephone No.
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:
@ 7117198 Contract No. PO2-99 Page 11 of 64 Pages
-
BID SECURITY FORM
(Check to Accompany Bid)
(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.
BIDDER
*Delete the inapplicable word.
(Note: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following
pages shall be executed--the sum of this bond shall be not less than ten percent (10%) of the total
amount of the bid.)
@ 7117198 Contract No. PO2-99 Page 12 of 64 Pages
- -
BIDDER’S BOND TO ACCOMPANY PROPOSAL
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:
INSTALLATION OF INFIELD DRAINAGE ON BASEBALL FIELDS
CONTRACT NO. PO2-99
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.
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 719 .
PRINCIPAL:
(name of Principal)
By:
(sign here)
(print name here)
(Title and Organization of Signatory)
By:
(sign here)
(print name here)
(title and organization of signatory)
Executed by SURETY this day of
,I9 -
SURETY:
(name of Surety)
(address of Surety)
(telephone number of Surety)
By:
(signature of Attorney-in-Fact)
(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
43 7/17/98 Contract No. PO2-99 Page 13 of 64 Pages
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:
JANE MOBALDI, Assistant City Attorney
@ 7117198 Contract No. PO2-99 Page 14 of 64 Pages
GUIDE FOR COMPLETING
THE “DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR’S BID”
AND
“DESIGNATION OF OWNER OPERATOR/LESSOR AND
AMOUNT OF OWNER OPERATOR/LESSOR WORK” FORMS
REFERENCES Prior to preparation of the following Subcontractor and Owner Operator/Lessor
disclosure forms Bidders are urged to review the definitions in section l-2 of the SSPWC and of the
Special 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 Special 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 Special Provisions.
CAUTIONS 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 other than the Contractor’s own organization will be rejected as non-
responsive.
INSTRUCTIONS Bidders shall use separate disclosure forms for each Subcontractor or Owner
Operator/Lessor (O+O) of manpower and equipment that is proposed to be used to complete the
Work.
All items of information must be completely filled out.
Where the bid item will be installed by more than one Subcontractor or Owner Operator/Lessor the
percentage of the bid item installed by the Subcontractor or Owner Operator/Lessor being listed in
the line of the form must be entered under the column “O/O of Item by Sub” or “O/O of Item by O+O”
as applicable. If a Subcontractor or Owner Operator/Lessor installs or constructs any portion of a
bid item the entire amount of the Contract Unit Price shall be multiplied by the Quantity of the bid
item that the Subcontractor or Owner Operator/Lessor installed.
Suppliers of materials from sources outside the limits of work are not subcontractors. The value of
materials and transport for 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, installing them. The value of material incorporated in any Subcontracted or Owner
Operator/Lessor installed bid item that is supplied by the Contractor shall not be included as any
part of the portion of the work that the Contractor is required to perform with its own organization.
The item number from the “CONTRACTORS PROPOSAL” (Bid Sheets) shall be entered in the “Bid
Item No.” column.
When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the number must
be entered on the form. If the Subcontractor does not have a valid business license enter “NONE” in
the appropriate space.
Bidders shall make any additional copies of the disclosure forms as may be necessary to provide
the required information. The number of additional form pages shall be entered on the first form
page of each type so duplicated.
G 7/17/98 Contract No. PO2-99 Page 15 of 64 Pages
Bidder may, at its option, combine bid items on a single row in the chart on the disclosure forms. If
using this option the Bidder must indicate the bid item numbers to which the information in the row
pertains. This option may not be used where the subcontractor or Owner Operator/Lessors
constructing or installing less than 100 percent of a bid item. The percentages and dollar amounts
may be the sums of the bid items listed in that row.
When the Bidder proposes using a subcontractor or owner operator/Lessor to construct or install
less than 100 percent of a bid item the Bidder must attach an explanation sheet to the designation
of subcontractor or designation of Owner Operator/Lessor forms as applicable. The explanation
sheet must clearly apprise the Agency of the specific tasks, materials and/or equipment that are
proposed to be so supplied.
Determination of the subcontract and Owner Operator/Lessor amounts for purposes of award of the
contract shall determined by the City Council in conformance with the provisions of the contract
documents and these Special Provisions. The decision of the City Council shall be final.
G 7/17/90 Contract No. PO2-99 Page 16 of 64 Pages
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR’S BID ITEMS
The Bidder MUST complete each information field on this form for each subcontractor that it
proposes to use. Additional copies of this form may be attached if required to accommodate the
Contractor’s decision to use more than one subcontractor. This form 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.
The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing
this bid for the Work and that the listed subcontractors will be used to perform the portions of the
Work as designated in the list in accordance with applicable provisions of the specifications and
section 4100 et seq. of the Public Contracts Code “Subletting and Subcontracting Fair Practices Act.” The Bidder further certifies that no additional subcontractor will be allowed to perform any
portion of the Work 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:
Complete Address:
Street
City State
Telephone Number plus Area Code:
California State Contractors License No. & Classification:
Carlsbad Business License No.:
Zip
SUBCONTRACTORS BID ITEMS
Bid II I Item Amount of Item
No. Subcontracted
Amount of Item by
Contractor
Overhead & Profit
Amount
$ $ $
$ $ f Q !+i .9 9;
I
Ii
I
I$
I
Irs
Exolanation:
Column 1 - Bid Item No. from the bid proposal, pages 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.
4) 7117198 Contract No. PO2-99 Page 17 of 64 Pages
Column 4 - The dollar amount of the overhead and profit for the item.
Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the
item on bid proposal pages
Page - of pages of this form
a 7/17/98 Contract No. PO2-99 Page 18 of 64 Pages
DESIGNATION OF OWNER OPERATOR/LESSOR AND
AMOUNT OF OWNER OPERATOR/LESSOR WORK
The Bidder MUST complete each information field on this form for each owner operator/or Lessor
(O+O) that it proposes to use to perform any portion of the Work. Additional copies of this form may
be attached if required to accommodate the Contractor’s decision to use more than one
subcontractor. This form 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. Except for the
individuals listed below the Bidder certifies that no Owner Operator/Lessor will be allowed to perform
any portion of the Work. The Bidder further certifies that no changes in the Owner Operator/Lessor
listed work will be made except upon the prior approval of the Engineer. Provide a separate sheet
for each Owner Operator/Lessor. See section l-2 of the Special Provisions for definition of Owner
Operator/Lessor.
Full Owner Operator/Lessor Name:
Complete Address:
Street
City State Zip
Telephone Number plus Area Code: ( J
City of Carlsbad Business License No.:
OWNER OPERATOR/LESSOR WORK ITEMS
Bid
Item Amount of Item Amount of Item by Overhead & Profit
No. Subcontracted Contractor Amount
$ $ $
Explanation:
Column 1 - Bid Item No. from the bid proposal, pages .
Column 2 - The dollar amount of the item to be performed by the subcontractor.
Column 3 - The dollar amount of the item to be performed by Contractor’s own forces.
Column 4 - The dollar amount of the overhead and profit for the item.
Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the
item on bid proposal pages .
G 7/17/98 Contract No. PO2-99 Page 19 of 64 Pages
BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY
(To Accompany Proposal)
Copies of the latest Annual Report, audited financial statements or Balance Sheets may be
submitted under separate cover marked CONFIDENTIAL.
<> 7117198 Contract No. PO2-99 Page 20 of 64 Pages
BIDDER’S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
The Bidder is required to state what work of a similar character to that included in the proposed
Contract he/she has successfully performed and give references, with telephone numbers, which
will enable the City to judge his/her responsibility, experience and skill. An attachment can be used.
Date
Contract
Completed
Name and Address
of the Employer
Name and Phone
No. of Person
to Contract
Type of
Work
Amount
of
Contract
<$ 7/17/98 Contract No. PO2-99 Page 21 of 64 Pages
BIDDER’S CERTIFICATE OF INSURANCE FOR
GENERAL LIABILITY, EMPLOYERS’ LIABILITY, AUTOMOTIVE
LIABILITY AND WORKERS’ COMPENSATION
(To Accompany Proposal)
As a required part of the Bidder’s proposal the Bidder must attach either of the following to this
page.
1. Certificates of insurance showing conformance with the requirements herein for:
0 Comprehensive General Liability
0 Employer’s Liability
13 Automobile Liability
0 Workers Compensation
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, Employer’s Liability, Automobile Liability and Workers
Compensation in conformance with the requirements herein and Certificates of insurance to the
Agency showing conformance with the requirements herein.
All certificates of insurance and statements of willingness to issue insurance for auto policies offered
to meet the specification of this contract must: (1) meet the conditions stated in The Notice Inviting
Bids, the Standard Specifications for Public Works Construction and the Special Provisions for this
project for each insurance company that the Contractor proposes, and (2) cover anv vehicle used in
the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and
whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for
“any auto” and cannot be limited in any manner.
c$ 7117198 Contract No. PO2-99 Page 22 of 64 Pages
BIDDER’S STATEMENT RE DEBARMENT
(To Accompany Proposal)
1. Have you or any of your subcontractors ever been debarred as an irresponsible bidder by
another jurisdiction in the State of California?
yes no
2. If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of
debarment(s)? Attach additional copies of this page to accommodate more than two debarments.
party debarred party debarred
agency agency
period of debarment period of debarment
BY CONTRACTOR:
(name of Contractor)
By:
(sign here)
(print name/title)
rfli 7117198 Contract No. PO2-99 Page 23 of 64 Pages
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
Contractors are required by law to be licensed and regulated by the Contractors’ State License
Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a
patent act or omission is filed within four years of the date of the alleged violation. A complaint
regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the
date of the alleged violation. Any questions concerning a contractor may be referred to the
Registrar, Contractors’ State License board, P.O. Box 26000, Sacramento, California 95826.
1. Have you ever had your contractor’s license suspended or revoked by the California
Contractors’ State license Board two or more times within an eight year period?
yes no
2. Has the suspension or revocation of your contractors license ever been stayed?
yes no
3. Have any subcontractors that you propose to perform any portion of the Work ever had their
contractor’s license suspended or revoked by the California Contractors’ State license Board two or
more times within an eight year period?
yes 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?
yes no
5. If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party
disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the
violation and the disciplinary action taken therefor.
(Attach additional sheets if necessary)
@ 7117198 Contract No. PO2-99 Page 24 of 64 Pages
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED)
(To Accompany Proposal)
6. If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party
who’s discipline was stayed, the date of the violation that the disciplinary action pertains to, describe
the nature of the violation and the condition (if any) upon which the disciplinary action was stayed.
(Attach additional sheets if necessary)
BY CONTRACTOR:
(name of Contractor)
By:
(sign here)
(print name/title)
G 7117198 Contract No. PO2-99 Page 25 of 64 Pages
-
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
State of California
County of
) ) ss.
)
(Name of Bidder)
, being first duly sworn, deposes
and says that he or she is
(Title)
of
(Name of Firm)
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation; that the bid is
genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited
any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain
from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to
fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure
any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not,
directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents
thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any
corporation, partnership, company association, organization, bid depository, or to any member or
agent thereof to effectuate a collusive or sham bid.
I declare under penalty of perjury that the foregoing is true and correct and that this affidavit was
executed on the day of 919 *
Signature of Bidder
Subscribed and sworn to before me on the day of 719 .
(NOTARY SEAL)
Signature of Notary
t$ 7117198 Contract No. PO2-99 Page 26 of 64 Pages
CONTRACT
PUBLIC WORKS
This agreement is made this day of ,I9 , by and
between the City of Carlsbad, California, a municipal corporation, (hereinafter called “City”),
and whose principal place of business is
called “Contractor”).
(hereinafter
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contract documents
for:
INSTALLATION OF INFIELD DRAINAGE ON BASEBALL FIELDS
CONTRACT NO. PO2-99
(hereinafter called “project”)
2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools,
equipment, and personnel to perform the work specified by the Contract Documents.
3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting
Bids, Contractor’s Proposal, Bidder’s Bond, Designation of Subcontractors, Designation of Owner
Operator/Lessors, Bidder’s Statements of Financial Responsibility, Technical Ability and Experience,
Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and
Specifications, the Special Provisions, addendum(s) to said Plans and Specifications and Special
Provisions, and all proper amendments and changes made thereto in accordance with this Contract
or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by
this reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as
indicated, specified, and implied by the Contract Documents. Any items of work not indicated or
specified, but which are essential to the completion of the work, shall be provided at the Contractor’s
expense to fulfil1 the intent of said documents. In all instances through the life of the Contract, the
City will be the interpreter of the intent of the Contract Documents, and the City’s decision relative to
said intent will be final and binding. Failure of the Contractor to apprise subcontractors and
materials suppliers of this condition of the Contract will not relieve responsibility of compliance.
4. Payment. For all compensation for Contractor’s performance of work under this Contract, City
shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for
Public Works Construction (SSPWC) hereinafter designated “SSPWC”, as issued by the Southern
California Chapter of the American Public Works Association, and as amended by the Special
Provisions section of this contract. The Engineer will close the estimate of work completed for
progress payments on the last working day of each month.
5. Independent Investigation. Contractor has made an independent investigation of the
jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of
G 7117198 Contract No. PO2-99 Page 27 of 64 Pages
the work, and is aware of those conditions. The Contract price includes payment for all work that
may be done by Contractor, whether anticipated or not, in order to overcome underground
conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor’s convenience only, and City does not warrant
that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including
underground conditions and has not relied on information furnished by City.
6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging
trenches or other excavations that extend deeper than four feet below the surface Contractor shall
promptly, and before the following conditions are disturbed, notify City, in writing, of any:
A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste,
as defined in section 25117 of the Health and Safety Code, that is required to be removed to a
Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those
indicated.
C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual
nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.
City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ,
or do involve hazardous waste, and cause a decrease or increase in contractor’s costs of, or the
time required for, performance of any part of the work shall issue a change order under the
procedures described in this contract.
In the event that a dispute arises between City and Contractor whether the conditions materially
differ, or involve hazardous waste, or cause a decrease or increase in the contractor’s cost of, or
time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be
performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties.
7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements
of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) 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
Industrial Relations has determined the general prevailing rate of per diem wages in accordance
with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage
rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant
to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post
copies of all applicable prevailing wages on the job site.
9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and
indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in
connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety
and health; and from any and all claims, loss, damages, injury and liability, howsoever the same
‘3 7117198 Contract No. PO2-99 Page 28 of 64 Pages
may be caused, resulting directly or indirectly from the nature of the work covered by the Contract,
except for loss or damage caused by the sole or active negligence or willful misconduct of the City.
The expenses of defense include all costs and expenses including attorneys’ fees for litigation,
arbitration, or other dispute resolution method.
Contractor shall also defend and indemnify the City against any challenges to the award of the
contract to Contractor, and Contractor will pay all costs, including defense costs for the City.
Defense costs include the cost of separate counsel for City, if City requests separate counsel.
10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives,
employees or subcontractors. Said insurance shall meet the City’s policy for insurance as stated in
Resolution No. 91-403.
(A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits
indicted herein:
a. Comprehensive General Liability Insurance: $1,000,000 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 ,OOO,OOO combined single limit per accident for
bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the
performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and
whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for
“any auto” and cannot be limited in any manner.
Workers’ Compensation and Employers’ Liability Insurance: Workers’ compensation limits
zs required by the Labor Code of the State of California and Employers’ Liability limits of $1 ,OOO,OOO
per incident. Workers’ compensation offered by the State Compensation Insurance Fund is
acceptable to the City.
(B) Additional Provisions. Contractor shall ensure that the policies of insurance required under
this agreement with the exception of Workers’ Compensation and Business Automobile Liability
Insurance contain, or are endorsed to contain, the following provisions.
a. The City, its officials, employees and volunteers are to be covered as additional insured as
respects: liability arising out of activities performed by or on behalf of the Contractor; products and
completed operations of the contractor; premises owned, leased, hired or borrowed by the
contractor. The coverage shall contain no special limitations on the scope of protection afforded to
the City, its officials, employees or volunteers. All additional insured endorsements must be
evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers’ liability coverage.
b. The Contractor‘s insurance coverage shall be primary insurance as respects the City, its
officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its
officials, employees or volunteers shall be in excess of the contractor’s insurance and shall not contribute with it.
C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided
to the City, its officials, employees or volunteers.
t$ 7117198 Contract No. PO2-99 Page 29 of 64 Pages
d. Coverage shall state that the contractor’s insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
(C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed
to state that coverage shall not be non-renewed, 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 Bests
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.
11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in
accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5
(commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is
included in the Special Provisions I section. The contractor shall initially submit all claims over
$375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract,
all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement.
(A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City
must be asserted as part of the contract process as set forth in this agreement and not in
anticipation of litigation or in conjunction with litigation.
t$ 7/17/98 Contract No. PO2-99 Page 30 of 64 Pages
-
(B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be
considered fraud and the Contractor may be subject to criminal prosecution.
(C) Government Code. Contractor acknowledges that California Government Code sections
12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance
of the false information or in reckless disregard of the truth or falsity of the information.
(D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False
Claims Act, it is entitled to recover its litigation costs, including attorney’s fees.
(E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim
may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years.
(F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025,
3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
(G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by
another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor
from participating in future contract bidding.
I have read and understand all provisions of Section 11 above. (Initial)
12. Maintenance of Records. Contractor shall maintain and make available at no cost to the
City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor’s principal place
of business as specified above, Contractor shall so inform the City by certified letter accompanying
the return of this Contract. Contractor shall notify the City by certified mail of any change of address
of such records.
13. Labor Code Provisions. The provisions of Part 7, Chapter I, 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 “Special Provisions” attached hereto and made a part hereof.
@ 7/17/98 Contract No. PO2-99 Page 31 of 64 Pages
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
ATTACHED
(CORPORATE SEAL)
CONTRACTOR: CITY OF CARLSBAD a municipal corporation of
the State of California
By:
(name of Contractor)
(sign here)
By:
Mayor
ATTEST:
(print name and title) City Clerk
By:
(sign here)
(print name and title)
President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under the corporate seal empowering that officer to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
JANE MOBALDI, Assistant City Attorney
@ 7/17/98 Contract No. PO2-99 Page 32 of 64 Pages
LABOR AND MATERIALS BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution
No. , adopted , has awarded to
(hereinafter designated as the “Principal”), a Contract for: INSTALLATION OF INFIELD DRAINAGE ON
BASEBALL FIELDS, STAGECOACH PARK- CONTRACT NO. PO2-99 A
in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract
Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to
pay for any materials, provisions, provender or other supplies or teams used in, upon or about the
performance of the work agreed to be done, or for any work or labor done thereon of any kind, the
Surety on this bond will pay the same to the extent hereinafter set forth.
NOW, THEREFORE, WE, I
as Principal, (hereinafter designated as the “Contractor”), and
as Surety, are held firmly bound unto the City of Carlsbad in the sum of
Dollars
($ ), said sum being fifty percent (50%) of the estimated amount payable by
the City of Carlsbad under the terms of the Contract, for which payment well and truly to be made
we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or his/her subcontractors fail
to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the
performance of the work contracted to be done, or for any other work or labor thereon of any kind,
or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development
Department from the wages of employees of the contractor and subcontractors pursuant to section
13020 of the Unemployment Insurance Code with respect to such work and labor that the Surety will
pay for the same, not to exceed the sum specified in the bond, and, also, in case suit is brought
upon the bond, costs and reasonable expenses and fees, including reasonable attorney’s fees, to be fixed by the court, as required by the provisions of section 3248 of the California Civil Code.
This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 of Part 4 of Division 3 of the Civil Code (commencing with section 3082).
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.
@ 7117198 Contract No. PO2-99 Page 33 of 64 Pages
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall
not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this Executed by SURETY this
day of ,I9 - of
CONTRACTOR: SURETY:
(name of Contractor) (name of Surety)
By:
(sign here) (address of Surety)
(print name here)
(title and organization of signatory)
By:
(sign here)
(print name here)
(title and organization of signatory)
day
,19-.
(telephone number of Surety)
By:
(signature of Attorney-in-Fact)
(printed name of Attorney-in-Fact)
(attach corporate resolution showing current
power of attorney)
(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:
JANE MOBALDI, Assistant City Attorney
@ 7117198 Contract No. PO2-99 Page 34 of 64 Pages
FAITHFUL PERFORMANCE/WARRANTY BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution
No. , adopted , has awarded to
, (hereinafter
designated as the “Principal”), a Contract for: INSTALLATION OF INFIELD DRAINAGE ON
BASEBALL FIELDS, STAGECOACH PARK - CONTRACT NO. PO2-99.
in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and
other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of
which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond for the faithful performance and warranty of said Contract;
NOW, THEREFORE, WE, , as Principal,
(hereinafter designated as the “Contractor”), and
, as Surety, are held and firmly bound unto the City of Carlsbad,
in the sum of Dollars ($ ), said sum being equal
to one hundred percent (100%) of the estimated amount of the Contract, to be paid to City or its
certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally,
firmly by these presents,
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and
in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as
therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full
force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor,
there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and
included in any judgment rendered.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change,
extension of time, alterations or addition to the terms of the contract or to the work or to the specifications.
<$ 7117198 Contract No. PO2-99 Page 35 of 64 Pages
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall
not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this
day of 919 -
CONTRACTOR:
Executed by SURETY this
SURETY:
day of
-19 .
(name of Contractor) (name of Surety)
By:
(sign here) (address of Surety)
(print name here) (telephone number of Surety)
By:
(Title and Organization of Signatory) (signature of Attorney-in-Fact)
By:
(sign here) (printed name of Attorney-in-Fact)
(print name here)
(Attach corporate resolution showing current
power of attorney.)
(Title and Organization of signatory)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By: JANE MOBALDI, Assistant City Attorney
<$ 7/17/98 Contract No. PO2-99 Page 36 of 64 Pages
-
CITY OF CARLSBAD Purchasing Department 1200 Carlsbad Village Drive Carlsbad CA 92008 REPRESENTATION AND CERTIFICATION
The following representation and certification shall be completed, signed and returned to City of Carlsbad as a part of the bid package.
REPRESENTATIONS: Mark all applicable blanks. This offeror represents as part of this offer that the ownership, operation and control of the business, in accordance with the specific definitions listed below is:
Check appropriate Ethnic Ownership Type)
ETHNIC CODES
Caucasian
MALE FEMALE
Black
Hispanic
Asian-Pacific
Native-American
Asian-Indian
DEFINITIONS:
MINORITY BUSINESS ENTERPRISE: “Minority Business” is defined as a business, at least 51 percent of which is owned, operated and controlled by minority group members, or in the case of publicly owned businesses, at least 51 percent of which is owned, operated and controlled by minority group members. The Small Business Administration defines the socially and economically disadvantaged (minorities) as Black American, Hispanic American, Native Americans (i.e. American Indian, Eskimos, Aleuts and Native Hawaiians), and Asian-Pacific Americans (i.e., U.S. Citizens whose origins are from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan).
Are you currently certified by CALTRANS? YES NO-
Certification #:
CERTIFICATION OF BUSINESS REPRESENTATION(S):
Mark all applicable blanks. This offeror represents as a part of this offer that:
This firm is-, is not - a minority business. This firm is-, is not a woman-owned business. -
WOMAN-OWNED BUSINESS: A woman-owned busi- ness is a business of which at least 51 percent is owned, controlled and operated by a woman or women. Controlled is defined as exercising the power to make policy decisions. Operation is defined as actually involved in the day-to-day management.
FIRM’S PRIMARY PRODUCTS OR SERVICE:
CONSTRUCTION CONTRACTOR:
CLASSIFICATION(S):
LICENSE NUMBER:
TAXPAYERS I.D. NO.
CERTIFICATION: The information furnished is certified to be factual and correct as of the date submitted.
COMPANY NAME PRINTED NAME
ADDRESS TITLE
CITY, STATE AND ZIP SIGNATURE
TELEPHONE NUMBER DATE
<$ 7/17/98 Contract No. PO2-99 Page 37 of 64 Pages
-
OPTIONAL ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the City of Carlsbad whose
address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called “City” and
whose address is
hereinafter called
“Contractor” and whose address is
called “Escrow Agent.”
hereinafter
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows:
1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California,
the contractor has the option to deposit securities with the Escrow Agent as a substitute for
retention earnings required to be withheld by the City pursuant to the Construction Contract entered
into between the City and Contractor for INSTALLATION OF INFIELD DRAINAGE ON BASEBALL FIELDS - CONTRACT NO. PO2-99 in the amount of dated
(hereinafter referred to as the “Contract”). Alternatively, on written request of the
contractor, the City shall make payments of the retention earnings directly to the escrow agent.
When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent
shall notify the City within IO days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the escrow agent in connection with the handling of retentions
under these sections in an amount not less than $100,000 per contract. The market value of the
securities at the time of the substitution shall be a least equal to the cash amount then required to
be withheld as retention under the terms of the contract between the City and Contractor.
Securities shall be held in the name of the , and shall
designate the Contractor as the beneficial owner.
2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow
Agent holds securities in the form and amount specified above.
3. When the City makes payment of retentions earned directly to the escrow agent, the escrow
agent shall hold them for the benefit of the contractor until such time as the escrow created under this contract is terminated. The contractor may direct the investment of the payments into
securities. All terms and conditions of this agreement and the rights and responsibilities of the
parties shall be equally applicable and binding when the City pays the escrow agent directly.
4. The contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and
payment terms shall be determined by the City, Contractor and Escrow Agent.
5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City.
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow
% 7117198 Contract No. PO2-99 Page 38 of 64 Pages
Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor.
7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days’ written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the
City.
8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.
9. The Escrow Agent shall rely on the written notifications from the City and the contractor pursuant to sections (1) to (8) inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agents release, conversion and disbursement of the securities and interest as set forth above.
IO. The names of the persons who are authorized to give written notices or to receive written
notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:
For City: Title
Name
Signature
Address
For Contractor:
For Escrow Agent:
Title
Name
Signature
Address
Title
Name
Signature
Address
At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent
a fully executed counterpart of this Agreement.
l m
‘d 7117198 Contract No. PO2-99 Page 39 of 64 Pages
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
43 7/17/98 Contract No. PO2-99 Page 40 of 64 Pages
SPECIAL PROVISIONS
FOR
INSTALLATION OF INFIELD DRAINAGE ON BASEBALL FIELDS
CONTRACT NO. PO2-99
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART 1, GENERAL PROVISIONS
SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS
l-l TERMS
Add the following section:
l-I.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:
l-l .2 Directions. Where words “directed”, “designated”, ” selected”, or words of similar import are
used, it shall be understood that the direction, designation or selection of the Engineer is intended,
unless stated otherwise. The word “required” and words of similar import shall be understood to
mean “as required to properly complete the work as required and as approved by the Engineer,”
unless stated otherwise.
Add the following section:
l-l.3 Equals and Approvals. Where the words “equal”, “approved equal”, “equivalent”, and such
words of similar import are used, it shall be understood such words are followed by the expression
“in the opinion of the Engineer”, unless otherwise stated. Where the words “approved”, “approval”,
“acceptance”, or words of similar import are used, it shall be understood that the approval,
acceptance, or similar import of the Engineer is intended.
Add the following section:
l-l .4 Perform. The word “perform” shall be understood to mean that the Contractor, at its
expense, shall perform all operations, labor, tools and equipment, and further, including the
furnishing and installing of materials that are indicated, specified or required to mean that the
Contractor, at its expense, shall furnish and install the work, complete in place and ready to use,
including furnishing of necessary labor, materials, tools, equipment, and transportation.
1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be
exclusively defined by the definitions assigned to them herein.
Agency -the City of Carlsbad, California.
City Council - the City Council of the City of Carlsbad.
63 7/17/98 Contract No. PO2-99 Page 41 of 64 Pages
City Manager - the City Manager of the City of Carlsbad or his/her approved representative.
Dispute Board - persons designated by the City Manager to hear and advise the City Manager on
claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute
resolution.
Engineer - the Public Works Director of the City of Carlsbad or his/her approved representative.
The Engineer is the third level of appeal for informal dispute resolution.
Minor Bid Item - a single contract item constituting less than IO percent (10%) of the original
Contract Price bid.
Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired,
directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further,
such employees have their employment taxes, State disability insurance payments, State and
Federal income taxes paid and administered, as applicable, by the Contractor. When used in
Section 2-3.1 “own organization” means construction equipment that the Contractor owns or leases
and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an
operator is not part of the Contractor’s Own Organization and will not be included for the purpose of
compliance with section 2-3.1 of the Standard Specifications and these Special Provisions.
Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided
who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee
of the Agency or a public utility.
Principal Inspector - The Senior Inspector’s immediate supervisor and second level of appeal for
informal dispute resolution.
Project Manager - The Parks Superintendent of the City of Carlsbad or his/her representative.
Senior inspector - the Project Inspector’s immediate supervisor and first level of appeal for
informal dispute resolution.
SECTION 2 -- SCOPE AND CONTROL OF THE WORK
2-3 SUBCONTRACTS.
2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring
the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of
the value of the work performed in excess of 50 percent of the contract price by other than the
Contractor’s own organization. The City Council shall be the sole body for determination of a
violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the City Council and shall be notified ten (10) days in advance of
the time and location of said hearing. The determination of the City Council shall be final.
2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete,
“who is listed in the latest version of U.S. Department of Treasury Circular 570,“.
Modify paragraphs three and four to read: The Contractor shall provide a faithful
performance/warranty bond and payment bond (labor and materials bond) for this contract. The
faithful performance/warranty bond shall be in the amount of 100 percent of the contract price and
t$ 7/17/98 Contract No. PO2-99 Page 42 of 64 Pages
the payment bond shall be in the amount of 50 percent of the contract price. 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
payment bond shall be released six months plus 30 days after recordation of the Notice of
Completion if all claims have been paid.
Add the following: All bonds are to be placed with a surety insurance carrier admitted and
authorized to transact the business of insurance in California and whose assets exceed their
liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the
following documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other
instrument entitling or authorizing the person who executed the bond to do so.
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the
insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the
execution of the bond. The financial statement shall be made by an officer’s certificate as defined in
Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may
be verified by the oath of the principal officer or manager residing within the United States.
2-5 PLANS AND SPECIFICATIONS.
2-5.1 General, add the following: The specifications for the work include the Standard
Specifications for Public Works Construction, (SSPWC), 1997 Edition, and the 1998 supplement
thereto, hereinafter designated “SSPWC”, as written and promulgated by Joint Cooperative
Committee of the Southern California Chapter American Public Works Association and Southern
California Districts Associated General Contractors of California, and as amended by the Special
Provisions section of this contract.
The construction plans consist of 1 set. The first set is designated as City of Carlsbad Drawing-
Stagecoach Park Drainage and consists of 2 sheets. The standard drawings used for this project are
the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRS,
as issued by the San Diego County Department of Public Works, together with the City of Carlsbad
Supplemental Standard Drawings. Copies of some of the pertinent standard drawings are enclosed
as an appendix to these Special Provisions.
2-5.3.3 Submittals, add the following: When submitted for the Engineer’s review, Shop Drawings
shall bear the Contractor’s certification that the Contractor has reviewed, checked, and approved the
Shop Drawings and that they are in conformance with the requirements of the Contract Documents.
The Contractor shall subscribe to and shall place the following certification on all submittals:
“I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to
be incorporated into this Project, is in compliance with the Contract Documents, can be installed in
the allocated spaces, and is submitted for approval.”
@ 7117198 Contract No. PO2-99 Page 43 of 64 Pages
By: Title:
Date:
Company Name:
Add the following:
2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete “as-built”
record set of blue-line prints, which shall be corrected in red daily and show every change from the
original drawings and specifications and the exact “as-built” locations, sizes and kinds of equipment,
underground piping, valves, and all other work not visible at surface grade. Prints for this purpose
may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be
used only as a record set and shall be delivered to the Engineer upon completion of the work.
Payment for performing the work required by section 2-5.4 shall be included in various bid items and
no additional payment will be made therefor.
2-9 SURVEYING.
28.1 Permanent Survey Markers, substitute the following: The Contractor shall not 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(s) as required by §§ 8772 and
8773, et seq. of the California Business and Professions Code.
When a change is made in the finished elevation of the pavement of any roadway in which a
permanent survey monument is located, the Contractor shall adjust the monument frame and cover
to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument
frames and covers shall be protected during street sealing or painting projects or be cleaned to the
satisfaction of the Engineer.
2-9.3 Survey Service, substitute the following: . The Contractor shall hire and pay for the
services of a surveyor to perform all work necessary for establishing control, construction staking,
records research and all other surveying work necessary to construct the work, provide surveying
services as required herein and provide surveying, drafting and other professional services required
to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during
all surveying operations and shall personally supervise and certify the surveying work.
Add the following section:
2-9.3.1 Submittal of Surveying Data, All surveying data submittals shall conform to the
requirements of section 2-5.3.3, “Submittals”, herein. The Contractor shall submit grade sheets to
the Engineer before commencing work in the area affected by the grade sheets. The Contractor
shall submit field notes for all surveying required herein to the Engineer within ten days of
performing the survey. All surveying field notes, grade sheets and survey calculations shall be
submitted in bound form on 215mm by 280 mm (8’/2)1 by 11”) paper. The field notes, calculations
and data shall be clear and complete with name of the surveyor, the party chief, field crew
members, 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.
43 7117198 Contract No. PO2-99 Page 44 of 64 Pages
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
5s 8700 - 8805 of the State of California Business and Professions Code when the surveyor
performs any surveying that such map is required under 55 8762 of the State of California Business
and Professions Code and whenever the Surveyor shall establish, set or construct any permanent
survey monument. SDRS drawing M-IO type monuments, bolts, spikes, leaded tacks and nails
(when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or
accessory to, property corners and street centerlines are permanent survey monuments. The
Record of Survey shall show all monuments set, control monuments used, the basis of bearings and
all other data needed to determine the procedure of survey and the degree of accuracy attained by
the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall
not exceed 1 part in 40,000. The record of survey shall show the location and justification of
location of all permanent monuments set and their relation to the street right-of-way. Record(s) of
Survey(s) shall be submitted for the Engineer’s review and approval before submittal to the County
Surveyor and before submittal to the County Recorder.
Add the following section:
2-9.3.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no
greater intervals than 15.2 m (50’), as measured along the project stationing unless a lesser interval
is specified herein. Rough sub-grade stakes on slopes shall be set at top of cuts, toe of fills, or
slope catch points and street crown lines where no median exists. Large slopes shall have line
point set to aid in construction of the slope. Rough sub-grade stakes for roadway section shall be
set at edge of pavement and top of curbs. Finish sub-grade stakes shall be set prior to placing
subbase or aggregate base for the roadway section. The stakes shall be set at edge of pavement
and top of curbs. Finish subgrade stakes for the aggregate base for the roadway section shall be at
7.6 m (25’) intervals at edge of pavement and top of curbs and crown line where no median exists.
Intermediate stakes between edge of pavement and top of curb shall be set at 4.6 m (15’) intervals
by the surveyor. Finish aggregate subbase and aggregate base grade stakes shall be at 7.6 m (25’)
intervals at top of curb, edge of pavement, and all crown lines and grade breaks. Intermediate
stakes between edge of pavement and top of curb shall be set at 4.6 m (15’) intervals. Storm drain
staking shall be done at 7.6 m (25’) intervals. Catch basins shall be staked at centerline and each
end of the local depression. Curbs/curbs and gutter shall be staked at 7.6 m (25’) intervals, center
line of driveways, and l/4, l/2, 3/4 delta on returns. Fills to finish grade at 7.6 m (25’) intervals by
the paving pass width shall be painted on the pavement prior to placing each lift of asphalt on
variable thickness pavement overlays requiring leveling courses. Intersections showing specific
finished asphalt grids shall be painted per the grid. Stakes shall be set to show the location and
grade of future curbs adjacent to traffic signal locations where the curb is not being built as a part of
this contract. Surveyor shall mark the removal limits and limits of work line shown on the plans.
The markings shall consist of continuous painted lines on asphalt and concrete surfaces and red
flagged or painted laths spaced on centers no more than 7.6 m (25’) on unimproved areas. The
markings shall be completed by surveyor and inspected and approved by the Engineer before the
start of construction in the area marked. Centerline monuments shall be laid out, their disk
stamped, and a Record of Survey satisfactory to the Engineer filed with the County in accordance
with the Professional Land Surveyors Act. Water and sewer line stakes shall be set at 7.6 m (25’)
intervals with offsets referencing the top and centerline of pipe on main line and laterals, For all
pipeline work the pipe and each access hole, pipe material change, lateral connection, fitting,
appurtenance, or hydrant location with elevations shall be staked and provided with grade stakes
designating the offset of the reference point, station, elevation of reference point, cut (or fill) and
feature of pipe that is referenced. Habitat mitigation sites and other areas to be preserved that are
shown on the plans shall be staked and flagged at 7.6 m (25’) intervals prior to the start of any other
activities within the limits of the work. Where utility vaults, poles or other facilities are being installed
as parts of or as adjuncts to the project, the Contactor shall place stakes defining the horizontal and
vertical location of curb and gutter to facilitate the location of said utility vaults, poles or other
43 7/17/98 Contract No. PO2-99 Page 45 of 64 Pages
facilities by the party(ies) constructing them. When no curb and gutter is being installed as a part of
the project the location of adjacent facilities being constructed as a part of the Contract the
Contractor shall place stakes defining the horizontal and vertical location of such adjacent utility
vaults, poles or other facilities thatare being installed as parts of, or as adjunct(s) to, the project.
2-10 AUTHORITY OF BOARD AND ENGINEER
Add the following section:
240.1 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:
240.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the
Engineer, within San Diego County, accurate books and accounting records relative to all its
activities and to contractually require all subcontractors to this Contract to do the same. The
Engineer shall have the right to monitor, assess, and evaluate Contractor’s and its subcontractors
performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include,
but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews
of Contractor’s staff and the staff of all subcontractors to this contract. At any time during normal
business hours and as often as the Engineer may deem necessary, upon reasonable advance
notice, Contractor shall make available to the Engineer for examination, all of its, and all
subcontractors to this contract, records with respect to all matters covered by this Contract and will
permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and
records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data
relating to all matters covered by this Contract. However, any such activities shall be carried out in
a manner so as to not unreasonably interfere with Contractor’s ongoing business operations.
Contractor and all subcontractors to this contract shall maintain such data and records for as long
as may be required by applicable laws and regulations.
SECTION 3 -- CHANGES IN WORK
3-3 EXTRA WORK.
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.
3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of
ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs
shall be the edition of the, “Labor Surcharge & Equipment Rental Rates” published by CALTRANS,
current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein
shall be used as multipliers of the rental rates for determining the value of costs for delay to the
Contractor and subcontractors, if any, The labor 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:
@ 7117198 Contract No. PO2-99 Page 46 of 64 Pages
(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:
I> Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
2) Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
3) Equipment Rental . . . . . . . . . . . . . . . . . . . 15
4) Other Items and Expenditures . . 15
To the sum of the costs and markups provided for in this section, 1 percent shall be added as
compensation for bonding.
(W Work by Subcontractor. When all or any part of the extra work is performed by a
Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor’s actual
cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the
extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted
portion of the extra work may be added by the Contractor.
3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for
extra work will not be made until such time that the Contractor submits completed daily reports and
all supporting documents to the Engineer.
3-4 CHANGED CONDITIONS. delete the second sentence of paragraph three, delete paragraph
five (5) and add the following: The Contractor shall not be entitled to the payment of any additional
compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a
change order, or for the happening of any event, thing, occurrence, or other cause, unless the
Contractor shall have first given the Engineer due written notice of potential claim as hereinafter
specified. Compliance with this section shall not be required as a prerequisite to notice provisions in
Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in
measurement or errors of computation as to contract quantities. The written notice of potential claim
for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery
and prior to the time that the Contractor performs the work giving rise to the potential claim. The
Contractor’s failure to give written notice of potential claim for changed conditions to the agency
upon their discovery and before they are disturbed shall constitute a waiver of all claims in
connection therewith.
The Contractor shall provide the City with a written document containing a description of the
particular circumstances giving rise to the potential claim, the reasons for which the Contractor
believes additional compensation may be due and nature of any and all costs involved within 20
working days of the date of service of the written notice of potential claim for changed conditions.
Verbal notifications are disallowed.
The potential claim shall include the following certification relative to the California False Claims Act,
Government Code Sections 12650-I 2655.
“The undersigned certifies that the above statements are made in full cognizance of the California
False Claims Act, Government Code sections 12650-12655. The undersigned further understands
and agrees that this potential claim, unless resolved, must be restated as a claim in response to the
City’s proposed final estimate in order for it to be further considered.”
By: Title:
@ 7117198 Contract No. PO2-99 Page 47 of 64 Pages
Date:
Company Name:
The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor
shall submit substantiation of its actual costs to the Engineer within 20 working days after the
affected work is completed. Failure to do so shall be sufficient cause for denial of any claim
subsequently filed on the basis of said notice of potential claim.
It is the intention of this section that differences between the parties arising under and by virtue of
the contract be brought to the attention of the Engineer at the earliest possible time in order that
such matters be settled, if possible, or other appropriate action promptly taken.
3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written notice of
potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a
waiver of all claims in connection therewith.
Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute
resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall
attempt to resolve all disputes informally through the following dispute resolution chain of command:
1. Project Inspector/Parks Superintendent
2. Senior Inspector
3. Principal Inspector
4. City Engineer
5. City Manager
The Contractor shall submit a complete report within 20 working days after completion of the
disputed work stating its position on the claim, the contractual basis for the claim, along with all
documentation supporting the costs and all other evidentiary materials. At each level of claim or
appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim,
review the Contractor’s report and respond with a position, request additional information or request
that the Contractor meet and present its report. When additional information or a meeting is
requested the City will provide its position within 10 working days of receipt of said additional
information or Contractor’s presentation of its report. The Contractor may appeal each level’s
position up to the City Manager after which 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
procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with
Section 20104) which is set forth below:
ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS
20104. (a)(l) This article applies to all public works claims of three hundred seventy-five thousand
dollars ($375,000) or less which arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a contract between a contractor and a
<$ 7117198 Contract No. PO2-99 Page 48 of 64 Pages
public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1
(commencing with Section 10240) of Chapter 1 of Part 2.
(b)(l) “Public work” has the same meaning as in Sections 3100 and 3106 of the Civil Code, except
that “public work” does not include any work or improvement contracted for by the state or the
Regents of the University of California.
(2) “Claim” means a separate demand by the contractor for (A) a time extension, (B) payment of
money or damages arising from work done by, or on behalf of, the contractor pursuant to the
contract for a public work and payment of which is not otherwise expressly provided for or the
claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local
agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications
for any work which may give rise to a claim under this article.
(d) This article applies only to contracts entered into on or after January 1, 1991.
20104.2. For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the claim.
Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to
extend the time limit or supersede notice requirements otherwise provided by contract for the filing
of claims.
(b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in
writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within
30 days of receipt of the claim, any additional documentation supporting the claim or relating to
defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency’s written response to the claim, as further documented, shall be submitted to
the claimant within 15 days after receipt of the further documentation or within a period of time no
greater than that taken by the claimant in producing the additional information, whichever is greater.
(c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred
seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written
claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of
the claim, any additional documentation supporting the claim or relating to defenses to the claim the
local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency’s written response to the claim, as further documented, shall be submitted to
the claimant within 30 days after receipt of the further documentation, or within a period of time no
greater than that taken by the claimant in producing the additional information or requested
documentation, whichever is greater.
(d) If the claimant disputes the local agency’s written response, or the local agency fails to respond
within the time prescribed, the claimant may so notify the local agency, in writing, either within 15
days of receipt of the local agency’s response or within 15 days of the local agency’s failure to
respond within the time prescribed, respectively, and demand an informal conference to meet and
confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a
meet and confer conference within 30 days for settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any portion remains in dispute, the
claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2
(commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For
purposes of those provisions, the running of the period of time within which a claim must be filed
shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a)
until the time that claim is denied as a result of the meet and confer process, including any period of
time utilized by the meet and confer process.
(f) This article does not apply to tort claims and nothing in this article is intended nor shall be
@ 7117198 Contract No. PO2-99 Page 49 of 64 Pages
construed to change the time periods for filing tort claims or actions specified by Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division
3.6 of Title 1 of the Government Code.
20104.4. The following procedures are established for all civil actions filed to resolve claims subject
to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court
shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties.
The mediation process shall provide for the selection within 15 days by both parties of a
disinterested third person as mediator, shall be commenced within 30 days of the submittal, and
shall be concluded within 15 days from the commencement of the mediation unless a time
requirement is extended upon a good cause showing to the court or by stipulation of both parties. If
the parties fail to select a mediator within the 15-day period, any party may petition the court to
appoint the mediator.
(b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to
Chapter 2.5 (commencing with Section 1141 .lO) of Title 3 of Part 3 of the Code of Civil Procedure,
notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3
(commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure)
shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to
judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed
for purposes of this article shall be experienced in construction law, and, upon stipulation of the
parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to
exceed their customary rate, and such fees and expenses shall be paid equally by the parties,
except in the case of arbitration where the arbitrator, for good cause, determines a different division.
In no event shall these fees or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141 .lO) Title 3 of Part 3 of the Code of
Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does
not obtain a more favorable judgment shall, in addition to payment of costs and fees under that
chapter, pay the attorney’s fees of the other party arising out of the trial de novo.
(c) The court may, upon request by any party, order any witnesses to participate in the mediation or
arbitration process.
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed
except as otherwise provided in the contract.
(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on
any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a
court of law.
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
% 7117198 Contract No. PO2-99 Page 50 of 64 Pages
work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfilI
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 Special 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 Special
Provisions. The cost of all other tests shall be borne by the Contractor.
At the option of the Engineer, the source of supply of each of the materials shall be approved by the
Engineer before the delivery is started. All materials proposed for use may be inspected or tested at
any time during their preparation and use. If, after incorporating such materials into the Work, it is
found that sources of supply that have been approved do not furnish a uniform product, or if the
product from any source proves unacceptable at any time, the Contractor shall furnish approved
material from other approved sources. If any product proves unacceptable after improper storage,
handling or for any other reason it shall be rejected, not incorporated into the work and shall be
removed from the project site all at the Contractor’s expense.
Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the
requirements of the specifications shall be borne by the Agency. Said tests may be made at any
place along the work as deemed necessary by the Engineer. The costs of any retests made
necessary by noncompliance with the specifications shall be borne by the Contractor.
4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the
satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the
substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility
with associated items, availability of repair parts and suitability of application the Contractor shall
remove the substituted item and replace it with the originally specified item at no cost to the
Agency.
SECTION 5 -- UTILITIES
5-I LOCATION. Add the following: The Agency and affected utility companies have, by a search
of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the
limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of
utilities indicated on the Plans is not guaranteed.
5-4 RELOCATION. Add the following: In order to minimize delays to the Contractor caused by
the failure of other parties to relocate utilities that interfere with the construction, the Contractor,
upon request to the Engineer, may be permitted to temporarily omit the portion of work affected by
the utility. Such omission shall be for the Contractor’s convenience and no additional compensation
will be allowed therefor. The portion thus omitted shall be constructed by the Contractor
immediately following the relocation of the utility involved unless otherwise directed by the Engineer.
@ 7117198 Contract No. PO2-99 Page 51 of 64 Pages
_I
SECTION 6 -- PROSECUTION, PROGRESS AND
ACCEPTANCE OF THE WORK
6-l CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete subsection 6-l
and substitute the following: The Contractor shall begin work within2 calendar days after
receipt of the “Notice to Proceed”.
Add the following section: 64.1 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-l .I .I 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.
Add the following section:
64.2 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. 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-l .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.
@ 7117198 Contract No. PO2-99 Page 52 of 64 Pages
Add the following section:
6-1.2.4 Schedule Software. The Contractor shall use commercially available software equal to
the Windows 95 compatible “Suretrak” program by Primavera or “Project” program by Microsoft
Corporation to prepare the Baseline Construction Schedule and all updates thereto. The Contractor
shall submit to the Agency a 89 mm (3.5”) data disk with all network information contained thereon,
in 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 8:00 a.m. and 5:00 p.m. The on-site training
shall be held at 2075 Las Palmas Drive, Carlsbad, California. The dates and times of the on-site
training shall be submitted to the Engineer for approval five working days before the start of the on-
site training. The on-site training shall be completed prior to the submittal of the first Baseline
Construction 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
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-l .2.9 Early Completion. The Baseline Construction Schedule will show the Contractor’s plan
to support and maintain the project for the entire contractual timespan of the project. Should the
Contractor propose a project duration shorter than contract duration, a complete Baseline
Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance
with all schedule requirements of section 6-l. The Engineer may choose to accept the Contractor’s
proposal of a project duration shorter than the duration specified; provided the Agency is satisfied
the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities,
public and private, which interface with the project are able to support the provisions of the
r:T’ 7117198 Contract No. PO2-99 Page 53 of 64 Pages
shortened Baseline Construction Schedule. The Agency’s acceptance of a shortened duration
project will be confirmed through the execution of a contract change order revising the project
duration and implementing all contractual requirements including liquidated damages in accordance
with the revised duration.
Add the following section:
6-l .2.10 Engineer’s Review. The Construction Schedule is subject to the review of the Engineer.
The Engineer’s determination that the Baseline Construction Schedule proposed by the Contractor
complies with the requirements of these special provisions shall be a condition precedent to
issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction
Schedule does not meet the requirements of these specifications the Contractor shall correct the
Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the
Contractor to obtain the Engineer’s determination that the initial Construction Schedule proposed by
the Contractor complies with the requirements of these special provisions within thirty (30) working
days after the date of the preconstruction meeting shall be grounds for termination of the contract
per section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be
included in the 30 working days.
The Engineer will review and return to the Contractor, with any comments, the Baseline
Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule
will be returned marked as per sections 6-l .2.10.1 through 6-l .2.10.3.
Add the following section:
6-1.2.10.1 “Accepted.” The Contractor may proceed with the project work upon issuance of the
Notice to Proceed, and will receive payment for the schedule in accordance with section 6-l .8.1.
Add the following section:
6-1.2.10.2 “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 per section 6-l .8.1.
Add the following section:
6-1.2.10.3 “Not Accepted.” The Contractor must resubmit the schedule incorporating the
corrections and changes of the comments prior to receipt of payment per section 6-l .8.1. The
Notice to Proceed will not be issued by the Engineer if the changes of the comments are not
submitted as required hereinbefore and marked “Accepted” or “Accepted with Comments” by the
Engineer. The Contractor, at the sole option of the Engineer, may be considered as having
defaulted the contract under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the
changes of the comments are not submitted as required hereinbefore and marked “Accepted” by
the Engineer.
Add the following section:
64.3 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-l .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:
@ 7117198 Contract No. PO2-99 Page 54 of 64 Pages
6-l .3.1 Actual Activity Dates. The actual dates each activity was started and/or completed
during the month. After first reporting an actual date, the Contractor shall not change that actual
date in later updates without specific notification to the Engineer with the update.
Add the following section:
6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month, the
Contractor shall report the percentage determined by the Engineer as complete for the activity.
Add the following section:
6-l .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.
Add the following section:
6-l. 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-l .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-l .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-l .8.2.
Add the following section: 6-1.4.3 “Not Accepted.” The Contractor must resubmit the Updated Construction Schedule to
the Engineer incorporating the corrections and changes noted in the Engineer’s comments prior to
@ 7117198 Contract No. PO2-99 Page 55 of 64 Pages
receipt of payment per section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be
considered as having defaulted the contract under the provisions of section 6-4 DEFAULT BY
CONTRACTOR if the changes of the comments are not submitted and marked “Accepted” by the
Engineer before the last day of the month in which the Updated Construction Schedule is due. If the
Contractor fails to submit the corrected Updated Construction Schedule as required herein the
Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to
proceed with the project, any resulting delay, impact, or disruption to the project will be the
Contractor’s responsibility.
Add the following section:
64.5 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:
64.6 Interim Revisions. Should the actual or projected progress of the work become
substantially different from that depicted in the Project Schedule, independently of and prior to the
next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list
and explanation of each change made to the schedule. The Revised Construction Schedule will be
submitted per the submittal requirements of section 2-5.3 and per the schedule review and
acceptance requirements of section 6-1, including but not limited to the acceptance and payment
provisions. 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:
6-I. 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-l .3 Preparation of Schedule Updates and Revisions and
6-l. 4 Engineer’s Review of Updated Construction Schedule. Acceptance of the final schedule
update is required for completion of the project and release of any and all funds retained per section
9-3.2.
Add the following section:
6-1.8.2 Monthly Updated Construction Schedule Payments. Monthly Updated Construction
Schedule Payments of N/A dollars will be made subsequent to the initial payment for the
Construction Schedule for each monthly Construction Schedule, updated as required herein, that
the Engineer has accepted as sufficient within the month that the monthly progress payment
pertains. No payment shall be made, nor shall any payment accrue, for any monthly updated
construction schedule that is not marked “Accepted” by the Engineer on or before the twentieth
working day of the month such monthly updated construction schedule is due per section 6-1.3
Preparation of Schedule Updates and Revisions. The sum of the amounts paid for Construction
Schedule during the initial and subsequent payment periods, or extensions to the contract, shall not
exceed the stipulated lump sum price for Construction Schedule.
Add the following section:
6-1.8.3 Concluding Payment. A Final payment of dollars ($$ ) for the
Construction Schedule will be made when both one hundred percent of the contract work is
completed and the Engineer has accepted a final construction schedule update prepared and
43 7117198 Contract No. PO2-99 Page 56 of 64 Pages
submitted by the Contractor as required herein that shows the actual beginning and ending dates
and all other data that is required for baseline and update schedules for each activity shown on the
baseline construction schedule and updates thereto that the Engineer accepted for this project.
Add the following section:
6-1.1 Measurement And Payment Of Construction Schedule. The Contractor’s preparation,
revision and maintenance of the Construction Schedule are incidental to the work and no separate
payment will be made therefor.
6-2 PROSECUTION OF WORK.
Add the following section:
6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and
materials, and performing all operations necessary to complete the Project Work as shown on the
Project Plans and as specified in the Specifications. The work includes INSTALLATION OF
DRAINAGE SYSTEMS PER PLANS AND SPECIFICATIONS.
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.
6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written
notice to the Engineer within two hours of the beginning of any period that the Contractor has placed
any workers or equipment on standby for any reason that the Contractor has determined to be
caused by the Agency or by any organization that the Agency may otherwise be obligated by. The
Contractor shall provide continuing daily written notice to the Engineer, each working day,
throughout the duration of such period of delay. The initial and continuing written notices shall
include the classification of each workman and supervisor and the make and model of each piece of
equipment placed on standby, the cumulative duration of the standby, the Contractor’s opinion of
the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by
reasonable means. Should the Contractor fail to provide the notice(s) required by this section the
Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefor.
6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the
work to completion within 24 working days after the starting date specified in the Notice to
Proceed.
6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Engineer,
the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through
Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the
Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or
holidays. This written permission must be obtained at least 48 hours prior to such work The
Engineer may approve work outside the hours and/or days stated herein when, in his/her sole
opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The
Contractor shall pay the inspection costs of such work.
<$ 7117198 Contract No. PO2-99 Page 57 of 64 Pages
No work shall be performed by the contractor between 8PM and 7 AM. The Contractor shall
incorporate the dates, areas and types of work prohibited in this section in the Construction
Schedule required by section 6.1. No additional payment, adjustment of bid prices or adjustment of
contract time of completion will be allowed as a consequence of the prohibition of work being
performed within the dates, areas and/or types of work prohibited in this section.
Contractor is hereby advised that the Engineer may require after hours and weekend work on an
interim basis to accomplish ballfield drainage work for Stagecoach Park and in the time frame
designated in the Specifications.
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 ($500.001 a day.
Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per
day is the minimum value of costs and actual damages caused by the Contractor to complete the
Work within the allotted time. Any progress payments made after the specified completion date shall
not constitute a waiver of this paragraph or of any damages.
SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR
7-3 LIABILITY INSURANCE. Modify as follows: All insurance is to be placed with insurers that
have a rating in Bests Key Rating Guide of at least A-:V and are admitted and authorized to
conduct business in the state of California and are listed in the official publication of the Department
of Insurance of the State of California.
7-4 WORKERS’ COMPENSATION INSURANCE. Add the following: All insurance is to be
placed with insurers that are admitted and authorized to conduct business in the state of California
and are listed in the official publication of the Department of Insurance of the State of California.
Policies issued by the State Compensation Fund meet the requirement for workers’ compensation
insurance.
7-5 PERMITS. Delete the first sentence and add the following four sentences: Except as
specified herein the agency will obtain, at no cost to the Contractor, all encroachment, right-of-way,
43 7117198 Contract No. PO2-99 Page 58 of 64 Pages
-
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 his/her sole discretion, are necessary to preserve the health, safety
and welfare of the public. Cleanup and dust control shall be considered incidental to the items of
work that they are associated with and no additional payment will be made therefor.
7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a
construction meter for water used for the construction, plant establishment, maintenance, cleanup,
testing and all other work requiring water related to this contract. The Contractor shall contact the
appropriate water agency for requirements.
The Contractor shall pay all costs of temporary light, power and water including hookup, service,
meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be
considered incidental to the items of work that they are associated with and no additional payment
will be made therefor.
Add the following section:
7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped
with mufflers in good repair when in use on the project with special attention to the City Noise
Control Ordinance, Carlsbad Municipal Code Chapter 8.48.
7-10 PUBLIC CONVENIENCE AND SAFETY.
740.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in
accordance with the plans, Chapter 5 of the California Department of Transportation “Manual of
Traffic Controls,” 1996 edition and these Special Provisions. If any component in the traffic control
system is damaged, displaced, or ceases to operate or function as specified, from any cause, during
the progress of the work, the Contractor shall immediately repair said component to its original
condition or replace said component and shall restore the component to its original location. In the
event that the Contractor fails to install and/or maintain barricades or such other traffic signs,
markings, delineation or devices as may be required herein, the Engineer may, at his/her sole
option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty
dollars ($20.00) per day per traffic sign or device, or the actual cost of providing such traffic control
facility, whichever is the greater.
43 7117198 Contract No. PO2-99 Page 59 of 64 Pages
-
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 21 O-l .6 et seq. except that all temporary paint shall be
rapid dry water borne conforming to CALTRANS Specification No. 8010-91 D-30. 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-existant conditions shall be removed from the travelled way and from the
view of motorists in the travelled 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 travelled way and shielded from the view of the
travelling public during non-working hours. During the hours of darkness, as defined in Division 1,
Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of
the Contractor, shall be in conformance with the provisions in section 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 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:
7-10.3.3 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 Special Provisions. The provisions in this section will not relieve the Contractor from its
responsibility to provide such additional devices or take such measures as may be necessary to
maintain public safety.
When lanes are closed for only the duration of work periods, all components of the traffic control
system, except portable delineators placed along open trenches or excavation adjacent to the
traveled way, shall be removed from the traveled way and shoulder at the end work period. If the
Contractor so elects, said components may be stored at selected central locations, approved by the
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
@ 7/17/98 Contract No. PO2-99 Page 60 of 64 Pages
-
System for Lane Closure” of these Special Provisions or by use of an alternative traffic control plan
proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic
striping operations using an alternative plan until the Contractor has submitted its plan to the
Engineer and has received the Engineer’s written approval of said plan.
Add the following section:
7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be
furnished, placed, maintained and removed in accordance with the minimum standards specified in
Chapter 5 of the “Traffic Manual”, 1996 edition published by CALTRANS. Whenever the work
causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be
in place prior to opening the traveled way to public traffic. Lane line or centerline pavement
delineation shall be provided at all times for traveled ways open to public traffic. All work necessary,
including any required lines or marks, to establish the alignment of temporary pavement delineation
shall be performed by the Contractor. When temporary pavement delineation is removed, all lines
and marks used to establish the alignment of the temporary pavement delineation shall be removed
by grinding.
Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material.
Temporary pavement delineation shall not be applied over existing pavement delineation or other
temporary pavement delineation. Temporary pavement delineation shall be maintained until
superseded or replaced with permanent pavement delineation.
Temporary pavement delineation shall be removed when, as determined by the Engineer, the
temporary pavement delineation conflicts with the permanent pavement delineation or with a new
traffic pattern for the area and is no longer required for the direction of public traffic. When
temporary pavement delineation is required to be removed, all lines and marks used to establish
the alignment of the temporary pavement delineation shall be removed.
Add the following section: 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan
Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the
project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor
shall have such new or modified TCP prepared and submitted as a part of the Work for any and all
construction activities that are located within the travelled way. The Contractor shall have TCP
prepared and submitted as a part of the Work for any construction activities that are a part of this
project that are not included in the project plans. The Contractor must submit the TCP for the
Engineer’s review in conformance with the requirements of section 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,
new, modified or added to, for the Engineer’s review. New or revised TCP submittals shall include
all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in
sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of
features affecting the traffic control plan and the methodology proposed to transition to the
subsequent TCP phase. When the vertical alignment of the travelled surface differs from the
finished pavement elevation vertical curves must also be shown. Such modifications, supplements
and/or new design of TCP shall meet the requirements of the Engineer and of the “MANUAL OF
TRAFFIC CONTROLS”, 1996 Edition as published by the State of California Department of
Transportation. Such modification, addition, supplement, and/or new design of TCP shall be
prepared by a registered professional engineer appropriately registered in the State of California.
The Engineer shall be the sole judge of the suitability and quality of any such modifications,
supplements, and/or new designs to TCP. The Engineer may approve any such modifications,
supplements, and/or new designs to the TCP when, in the Engineer’s sole opinion, such
modifications, supplements, and/or new designs to the TCP prepared by the registered professional
@ 7/17/98 Contract No. PO2-99 Page 61 of 64 Pages
engineer retained by the Contractor will be beneficial to the best interests of the Agency. Such
modification, addition, supplement, and/or new design shall not be implemented and no work shall
be commenced that is contingent on such approval until the changed TCP are approved by the
Engineer. The preparation of such modification, addition, supplement, and/or new designs of TCP
shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review
requirements for such modifications, supplements, and/or new designs to TCP shall conform to the
requirements of section 2-5.3 Shop Drawings and Submittals.
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 Federal, State and Municipal safety laws and building codes to prevent accidents or injury to
persons on, about, or adjacent to the premises where the work is being performed. The Contractor
shall erect and properly maintain at all times, as required by the conditions and progress of the
work, all necessary safeguards for the protection of workers and public, and shall use danger signs
warning against hazards created by such features of construction as protruding nails, hoists, well
holes, and falling materials.
7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work
include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible
materials, such as borrow pits or gravel beds, for use in the proposed construction project which
would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions
established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions
of the contract.
SECTION 9 -- MEASUREMENT & PAYMENT
9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK
9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall be
the U.S. Standard Measures.
9-3 PAYMENT.
9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods
shall not be affected by any payment but shall commence on the date of recordation of the “Notice
of Completion”
9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following:
Each month, the Engineer will make an approximate measurement of the work performed to the
closure date as basis for making monthly progress payments. The estimated value will be based
on contract unit prices, completed change order work and as provided for in Section 9-2 of the
Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30)
calendar days after the closure date. Five (5) working days following the closure date, the
Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the
Contractor’s information. Should the Contractor assert that additional payment is due, the
Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental
payment request to the Engineer with adequate justification supporting the amount of supplemental
payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon
43 7117198 Contract No. PO2-99 Page 62 of 64 Pages
as practicable after receipt, determine whether the supplemental payment request is a proper
payment request. If the Engineer determines that the supplemental payment request is not proper,
then the request shall be returned to the Contractor as soon as practicable, but not later than
seven (7) days after receipt. The returned request shall be accompanied by a document setting
forth in writing the reasons why the supplemental payment request was not proper. In
conformance with Public Contract Code Section 20104.50, the City shall make payments within
thirty (30) days after receipt of an undisputed and properly submitted supplemental payment
request from the Contractor. If payment of the undisputed supplemental payment request is not
made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the
Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of
Civil Procedure.
Delete the third paragraph and substitute the following: The Agency shall retain 10 percent of
such estimated value of the work done as part security for the fulfillment of the contract by the
Contractor, except that at any time after 50 percent of the work has been completed, if the Engineer
finds that satisfactory progress is being made, the Agency may reduce the total amount being
retained from payment pursuant to the above requirements to 5 percent of the total estimated value
of said work and may also reduce the amount retained from any of the remaining partial payments
to 5 percent of the estimated value of such work. In addition, on any partial payment made after 95
percent of the work has been completed, the Agency may reduce the amount withheld from
payment pursuant to the requirements of this Section to such lesser amounts as the Engineer
determines is adequate security for the fulfillment of the balance of the work and other requirements
of the contract, but in no event will said amount be reduced to less than 125 percent of the
estimated value of the work yet to be completed as determined by the Engineer. Such reduction will
only be made upon the written request of the Contractor and shall be approved in writing by the
surety on the Performance Bond and by the surety on the Payment Bond. The approval of the
surety shall be submitted to the Engineer; the signature of the person executing the approval for the
surety shall be properly acknowledged and the power of attorney authorizing the person executing
the approval to give such consent must either accompany the document or be on file with the
Agency.
Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment
Estimate and process a corresponding payment. This estimate will be in writing and shall be for the
total amount owed the Contractor as determined by the Engineer and shall be itemized by the
contract bid item and change order item with quantities and payment amounts and shall show all
deductions made or to be made for prior payments and amounts to be deducted under provisions of
the contract. All prior estimates and progress payments shall be subject to correction in the Final
Payment Estimate.
The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make
written statement disputing any bid item or change order item quantity or payment amount. The
Contractor shall provide all documentation at the time of submitting the statement supporting its
position. Should the Contractor fail to submit the statement and supporting documentation within
the time specified, the Contractor acknowledges that full and final payment has been made for all
contract bid items and change order items.
If the Contractor submits a written statement with documentation in the aforementioned time, the
Engineer will review the disputed item within 30 calendar days and make any appropriate
adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the
Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work.
The 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
G$ 7117198 Contract No. PO2-99 Page 63 of 64 Pages
Contractor’s claims. It will be the responsibility of the Contractor to furnish within a reasonable time
such further information and details as may be required by the Engineer to determine the facts or
contentions involved in its claims. Failure to submit such information and details will be sufficient
cause for denying payment for the disputed items.
9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in
the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted
in a written statement by the Contractor no later than the date of receipt of the final payment
estimate. Those final payment items disputed in the written statement required in subsection 9-3.2
shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will
be considered that was not included in this written statement, nor will any claim be allowed for which
written notice or protest is required under any provision of this contract including sections 3-4
Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written
Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with
notice or protest requirements.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the
basis and amount of said claims. The Engineer will consider and determine the Contractor’s claims
and it will be the responsibility of the Contractor to furnish within a reasonable time such further
information and details as may be required by the Engineer to determine the facts or contentions
involved in its claims. Failure to submit such information and details will be sufficient cause for
denying the claims.
Payment for claims shall be processed within 30 calendar days of their resolution for those claims
approved by the Engineer. The Contractor shall proceed with informal dispute resolution under
subsection 3-5, Disputed Work, for those claims remaining in dispute.
<$ 7/17/98 Contract No. PO2-99 Page 64 of 64 Pages