HomeMy WebLinkAboutAmerican Asphalt South Inc; 2003-04-04; PWS03-15ENGRecording requested by:
CITY OF CARLSBAD
When recorded mail to:
City Clerk
City of Carlsbad
i
DOC # 2003-1156156
SEP 199 2003 2=42 FM
OFFICIllL RECORDS BIN DIEGO COUNTY RECORDER'S OFFICE GREGW 3. SHITH, W RECORDER FEES: 0.00
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
Space above this line for Recorder's Use
NOTICE OF COMPLETION
Notice is hereby given that:
1.
2.
3.
4.
5.
6.
7.
The undersigned is owner of the interest or estate stated below in the property hereinafter
described.
The full name of the undersigned is City of Carlsbad, a municipal corporation.
The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California
92008.
The nature of the title of the undersigned is: In fee.
A work of improvement on the property hereinafter described was completed on July 16,
2003.
The name of the contractor for such work of improvement is American AsDhalt South. Inc.
The property on which
County of San Diego,
2002/03 Street Sealing
the work of improvement was completed is in the City of Carlsbad,
State of California, and is described as the construction of the
Project, Project No. 3667-6.
CITY OF CARLSBAD
Deputy Public Works Director
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, , 2003, accepted the California, 92008. The City Council of said City on September 9
above described work as completed and ordered that a Notice of Completion be filed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on September 10, 2003, at Carlsbad, California.
CITY OF CARLSBAD
w2dGL&-.w
LORRAINE M. WOa V City Clerk 0
AB #17,300
Reso. 2003-232
7
CITY OF CARLSBAD
San Diego County
California
CONTRACT DOCUMENTS AND
SUPPLEMENTAL PROVISIONS
FOR
2002103
Street Sealing Project
CONTRACT NO. 3667-6
P'NSOS-1 SENC
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?m# Revised 04/22/02 Contract No. 3667-6 Poge 1 of 83 Pages
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TABLE OF CONTENTS
Item Pane
Notice Inviting Bids ........................................................................................................................ 5
.
Contractor‘s Proposal .................................................................................................................... 9
Bid Security Form .......................................................................................................................... 15
Bidder’s Bond To Accompany Proposal ....................................................................................... 16
Guide For Completing the “Designation Of Subcontractor and Amount Of Subcontractor’s
Bid Items” and “Designation of Owner Operator/Lessor and Amount Of Owner Operator/Lessor . Work“ Forms .........................................................................................................................
Designation Of Subcontractor and Amount Of Subcontractor’s Bid Items ................................
Designation Of Owner Operator/Lessor and Amount Of Owner Operator/Lessor Work ............
Bidder‘s Statement Of Financial Responsibility ............................................................................
Bidder’s Statement Of Technical Ability And Experience .............................................................
Bidder’s Certificate Of Insurance For General Liability. Employers’ Liability. Automotive
Liability And Workers’ Compensation ..........................................................................................
Bidder’s Statement Of Re Debarment ..........................................................................................
Bidder’s Disclosure Of Discipline Record .........................................................................
Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid ..............................
Contract Public Works ..................................................................................................................
Labor And Materials Bond ............................................................................................................
Faithful PerformanceNVarranty Bond ...........................................................................................
Optional Escrow Agreement For Surety Deposits In Lieu Of Retention ......................................
18
20
21
22
23
24
25
26
28
29
35
37
39
’3 Revised 04/22/02 Contract No . 3667-6 Page 2 of 83Pages
SUPPLEMENTAL PROVISIONS
Part 1
Section 1
1-1
1-2
1-3
Section 2
2-3
2-4
2-5
2-9
2-1 0
Section 3
3-2
3-3
3-4
3-5
Section 4
4- 1 . 4-2
Section 5
5- 1
5-4
Section 6
6-1
6-2
6-6
6-7
6-8
6-9
Section 7
7-3
7-4
7-5
7-7
7-8
7-1 0
7-1 3
Section 9
9-1
9-3 (I
General Provisions
Terms. Definitions Abbreviations And Symbols
Terms .................................................................................................................... Definitions .............................................................................................................
Abbreviations ........................................................................................................
Scope And Control Of The Work Subcontracts .........................................................................................................
Contract Bonds ..................................................................................................... Plans And Specifications ......................................................................................
Surveying ..............................................................................................................
Authority Of Board And Engineer .........................................................................
Changes in Work
Changes Initiated by the Agency ...........................................................................
Extra Work ............................................................................................................ Changed Conditions .............................................................................................
Disputed Work ......................................................................................................
Control Of Materials Materials And Workmanship .................................................................................
Materials Transportation. Handling and Storage ..................................................
Utilities Location .................................................................................................................
Relocation .............................................................................................................
Prosecution. Progress And Acceptance Of The Work
Construction Schedule And Commencement Of Work ........................................
Prosecution Of Work .............................................................................................
Delays And Extensions Of Time ...........................................................................
Time of Completion ...............................................................................................
Completion And Acceptance ................................................................................ Liquidated Damages .............................................................................................
Responsibilities Of The Contractor
Liability insurance .................................................................................................
Permits .................................................................................................................. Workers' Compensation insurance ......................................................................
Cooperation and Collateral Work .........................................................................
Project Site Maintenance ......................................................................................
Public Convenience And Safety ...........................................................................
Laws To Be Observed ..........................................................................................
Measurement and Payment
Measurement Of Quantities For Unit Price Work ................................................. Payment ................................................................................................................
42
42
43
44
44
45
46
50
51
51
52
52
55
56
56
56
57
57
57
58
58
59
59
59
59
59
59
60
65
65
65
e Revised 04/22/02 Contract No . 3667-6 Page 3 of 83 Pages
Part 2 Construction Materials c
Section 201
201-1 Portland Cement Concrete ................................................................................... 68
Concrete, Mortar and Related Materials
Section 203 Bituminous Materials 203-1 1 Asphalt Pavement Crack Sealants ........................... .;... ....................................... 68
Section 206 Miscellaneous Metal Items
206-7 Traffic Signs .......................................................................................................... 68
Section 210
21 0-1 Paint ...................................................................................................................... 70
210-3 Galvanizing ............................................................................................................ 70
Paint And Protective Coatings
Section 21 2 Landscape And Irrigation Materials 21 2-1 Landscape Materials ............................................................................................. 72
Section 214 Pavement Markers 2 14-5 Reflective Pavement Markers ............................................................................... 72
PART 3 Construction Methods
Section 302 Roadway Surfacing
302-1 1
.- 302-4 Emulsion-Aggregate Slurry ................................................................................... 74
Asphalt Concrete Pavement Crack Filling and Sealing ........................................ 76
Section 31 0 Painting
3 10-5 Painting Various Surfaces ................................................................................... 76
Section 31 2
312-1 Placement ............................................................................................................. 78
Pavement Marker Placement And Removal
Section 31 3
31 3-2 Temporary Traffic Signing ................................................................................... 79
31 3-3 79
313-4 Measurement And Payment .................................................................................. 81
Temporary Traffic Control Devices 313-1 Temporary Traffic Pavement Markers .................................................................. 78
Temporary Railing (Type K) And Crash Cushions ..............................................
PART 6
Section 600
600-3 Rubberized Emulsion - Aggregate Slurry ............................................................. 83
Modified Asphalts, Pavements and Processes
Appendix A
Resident Notification Example
e Revised 04/22/02 Contract No. 3667-6 Page 4 of 83Pages
CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Until 4:OO P.M. on January 29, 2003, the City shall accept sealed bids, clearly marked as such, at the
Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail,
delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be
opened and read, for performing the work as follows: The sealing of various streets throughout the
City.
CONTRACT NO. 3667-6
2002/03 STREET SEALING PROJECT
This bid and the terms of the Contract Documents and Supplemental Provisions constitute an
irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional
time as may be mutually agreed upon by the City of Carlsbad and the Bidder.
The work shall be performed in strict conformity with the plans and specifications as approved by the
City Council of the City of Carlsbad on file with the (Engineering) Department. The specifications for
the work include the Standard Specifications for Public Works Construction, 2000 Edition, and
supplements thereto, all hereinafter designated “SSPWC” as issued by the Southern California
Chapter of the American Public Works Association and as amended by the supplemental provisions
sections of this contract. Reference is hereby made to the plans and specifications for full particulars
and description of the work.
The City of Carlsbad encourages the participation of minority and women-owned businesses. -
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to
utilize recycled and recyclable materials when available, appropriate and approved by the Engineer.
The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when
a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the
State of California as an irresponsible bidder.
No bid will be received unless it is made on a proposal form furnished by the Purchasing
Department. Each bid must be accompanied by security in a form and amount required by law. The
bidder‘s security of the second and third next lowest responsive bidders may be withheld until the
Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be
returned to them, or deemed void, within ten (IO) days after the Contract is awarded. Pursuant to the
provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for
any obligation required by this notice or for any monies withheld by the City to ensure performance
under this Contract. section 10263 of the Public Contract Code requires monies or securities to be
deposited with the City or a state or federally chartered bank in California as the escrow agent. The
escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in
connection with the handling of retentions under this section in an amount not less than $100,000
per contract .
The documents which comprise the Bidder’s proposal and that must be completed and properly
executed including notarization where indicated are:
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a Revised 04/22/02 Contract No. 3667-6 Page 5 of 83Pages
1. Contractor's Proposal
2. Bidder's Bond 3. Non-Collusion Affidavit
4. Designation of Subcontractors
5. Designation of Owner OperatorlLessors &
6. Bidder's Statement of Financial Responsibility 7. Bidder's Statement of Technical Ability and
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and Amount of Subcontractor Bid
Amount of Owner Operator/Lessor Work
Experience
8. Acknowledgement of Addendum(a)
9. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 1O.Bidder' s Statement Re Debarment
11 .Bidder's Disclosure Of Discipline Record 12.Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for
Security)
All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are
approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is
$490,000.
Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a
contractor pursuant to the Business and Professions Code shall be considered nonresponsive and
shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall
be invalidated by the failure of the bidder to be licensed in accordance with California law. Where
federal funds are involved the contractor shall be properly licensed at the time the contract is
awarded. In all other cases the contractor shall state their license number, expiration date and
classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal
funds. The following classifications are acceptable for this contract: A, C12, C32.
If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of
the usual 10% retention from each payment, these documents must be completed and submitted
with the signed contract. The escrow agreement may not be substituted at a later date.
Sets of plans, supplemental provisions, and Contract documents may be obtained at the Cashier's
Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314,
for a non-refundable fee of $25.00 per set. If plans and specifications are to be mailed, the cost for
postage should be added.
Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings,
specifications or other contract documents, or finds discrepancies in or omissions from the drawings
and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will
be mailed or delivered to each person receiving a set of the contract documents. No oral response
will be made to such inquiry. Prior to the award of the contract, no addition to, modification of
or 'interpretation of any provision in the contract documents will be given by any agent,
employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder
may rely on directions given by any agent, employee or contractor of the City of Carlsbad
except as hereinbefore specified.
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or
informality in such bids.
The general prevailing rate of wages for each craft or type of worker needed to execute the Contract
shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770,
1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy
of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the
Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers
-
@ Revised 04/22/02 Contract No. 3667-6 Page 6 of 83Pages
employed by him or her in the execution of the Contract.
The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5
of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and
Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the
purposes of section 41 07 and 41 07.5.
1,-
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.
The Contractor shall provide bonds to secure faithful performance and warranty of the work in an
amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor
shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to:
1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000).
2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million
dollars ($1 0,000,000).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000).
These bonds shall be kept in full force and effect during the course of this project, and shall extend in
full force and effect and be retained by the City until they are released as stated in the Supplemental
Provisions section of this contract. All bonds are to be placed with a surety insurance carrier
admitted and authorized to transact the business of insurance in California and whose assets exceed
their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be
accompanied by the following documents:
I) 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.
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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.
I
Insurance is to be placed with insurers that:
1) Have a rating in the most recent Best's Key Rating Guide of at least A-:V
2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner.
Auto policies offered to meet the specification of this contract must:
Revised 04/22/02 Contract No. 3667-6 Page 7 of 83 Pages
- 1) Meet the conditions stated above for all insurance companies.
2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate
must state the coverage is for "any auto" and cannot be limited in any manner.
Workers' compensation insurance required under this contract must be offered by a company
meeting the above standards with the exception that the Best's rating condition is waived. The City
does accept policies issued by the State Compensation Fund meeting the requirement for workers'
compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. Any additional
cost of said insurance shall be included in the bid price.
The award of the contract by the City Council is contingent upon the Contractor submitting the
required bonds and insurance, as described in the contract, within twenty days of bid opening. If the
Contractor fails to comply with these requirements, the City may award the contract to the second or
third lowest bidder and the bid security of the lowest bidder may be forfeited.
The prime contractor and all subcontractors are required to have and maintain a valid City of
Carlsbad Business License for the duration of the contract.
Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2002-345,
adopted on the 3'cl day of December,. 2002.
Date DEPUTY CITY CLERK
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CITY OF CARLSBAD
CONTRACT NO. 3667-6
2002/03 STREET SEALING
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, Supplemental Provisions and addenda thereto,
and hereby proposes to furnish all labor, materials, equipment, transportation, and services required
to do all the work to complete Contract No. 3667-6 in accordance with the Plans, Specifications,
Supplemental Provisions and addenda thereto and that helshe will take in full payment therefor the
following unit prices for each item complete, to wit:
I tern - No.
1
Approximate
Quantity Unit
DescriDtion and Unit Price YW
1 LS $22f#
L%//q)3L
2
3 .--
5
L
I /
J
Dollars (Lump Sum)
1 LS 0@2&49 &42m
Dollars (Lump Sum)
1LS ?44&dO /$?32&00 T%2:%,
Crack Fill and Seal 15,000 LF 474 q.da0
nd[ 4%
d/hV Adndd d
Dollars (Lump Sum)
5emA- &e ced mr
Ddllars (Lump Sum) //
93,000 GAL fkd@!ddo
Dollars per Gallon
Revised 04/22/02 Contract No. 3667-6 Page 9 of 83Pages
6 Protect Utility Covers, Manholes, and 1025 EA N30u H3d?xdo
/ Dollars Each
7 Install Blue Fire Hydrant Markers 125 EA 8.80 ~944 oMrr add eMh CY&
Dol(ar&ach
ave ent ark rs 1 LS 2@aa y&m@
443!3&?9?
.7fnpc $M!k!?/
Dollars (Lump Sum)
9 Paint 4” Double Yellow Centerline per 11,925 LF fa55
Caltrans Detail 22 firS-4i lPnt//
Dollars per Lineal Foot
10 Paint 4” Double Yellow Centerline per 350 LF /Lid 38$#
C ltrans Detail 21 aWr pd AH ce&
Dollars per Lineal Foot /I A
x
-I 11 Paint 6” White Bike Lane Line per 2,150 LF
Caltrans Detail 39 7M+JWtI f@&
Dollars per Lineal Foot
12 Paint 6” White Bike Lane Intersection 1,600 LF
Line per Caltrans Detail 39A
WPH+ Jewfl TM~
J/
Dollars per Lineal Foot
13 Paint 12” White Stop Bar 29 EA 4/65) 3/fdd
Dollars Each
14 Paint 12” Two-Line Crosswalk (White 13 EA
Dollars Each
15 Paint “STOP AHEAD Pavement 1 EA
Dollars Each
American Asphalt soolh, hrc.
e Revised 04/22/02 Contract No. 3667-6 Page 10 of 83 Pages
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16 ...
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17
18
19
20
Paint “STOP” Pavement Legend
~ Dollars Each
Paint “25”. “30”, “35” Pavement Legend
(Ther oplastic) flZjr-4 do8v
Dollars Each
Paint Pavement Arrows (Caltrans
Types IV and VII) Thermoplastic
Dollars Each
*4w Ah7
Paint “BIKE LANE” Pavement Legend
Dollars Each
Remove and Replace 4” PCC Sidewalk
Dollars per Square Foot
43 EA
8 EA
4 EA
8 EA
1714 SF
Total amount of bid in numbers: $ 378 98~24
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s). 1.
proposal.
hadhave been received and is/are included in this
OPENED, WITNESSED AK:3 E ‘. 30RDED
Revised 04/22/02 Contract No. 3667-6 Page 11 of 83 Pages
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 ca city of a contractor within the State of Yh7P , classification which expires on
, and that this statement is true and correct and has the legal effect of
ifornia, validly licensed under
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 5 20104.
_- The Undersigned bidder hereby represents as follows:
1. That no Council member, officer agent, or employee of the City of Carlsbad is personally
interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no
representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted
himlher 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
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_- -
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 h??br.? kdfld
Cashier's Check) for ten percent (loo/,) of the amount bid.
(Cash, Certified Check, Bond or
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.
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The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter I, 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.
American Asphalt bh, Inc.
@ Revised 04/22/02 Contract No. 3667-6 Page 12 of 83 Pages
License Detail
California Home
IAI 11
Page 1 of 2
Thursday, January 30,2003
GENERAL ENGINEE~ING CONTRACTOR
GENERAL BUILDING CONTRACTOR
CALIFORNIA CONTRACTORS STATE LICENSE BOARD License Detail
Contractor License # 784969
.
DISCLAIMER A license status check provides information taken from the CSLB license data base.
Before relying on this information, you should be aware of the following limitations:
CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is
subject to public complaint disclosure, an icon will appear below. Click on the
icon to obtain additional complaint information.
Per B&P 7077.7 7, only construction related civil judgments known to the CSLB
are disclosed.
Arbitrations are not listed unless the contractor fails to comply with the terms of
the arbitration.
Due to workload, there may be relevant information that has not yet been entered
onto the Board's license data base.
lcertl Description
(HIC1 HOME IMPROVEMENT CERTIFICATION
Extract Date: 01/30/2003
* * * Business Information * * *
AMERICAN ASPHALT SOUTH INC
P 0 BOX 3610
FONTANA, CA 92334
Business Phone Number: (909) 427-8276
Entity: Corporation Issue Date: 09/25/2000 Expire Date: 09/30/2004
* * * License Status * * *
This license is current and active. All information below should be reviewed.
* * * Classifications * * *
llclassll DescriDt ion II
* * * Certifications * * *
1/30/2003
License Detail
I Date I I 06/06/2001 I
Page 2 of 2
Description
CLASS C32 REMOVED
* * * Bonding Information * * *
CONTRACTOR'S BOND: This license filed Contractor's Bond number 1883074 in the
amount of $7,500 with the bonding company
INSURANCE COMPANY OF THE WEST. Effective Date: 06/24/2002
Contractor's Bonding History
BOND OF QUALIFYING INDIVIDUAL(1): This license filed Bond of Qualifying Individual number 1883075 for LEWIS DAN BOHNETT Ill in the amount of $7,500 with
the bonding company
INSURANCE COMPANY OF THE WEST.
Effective Date: 06/24/2002
* * * Workers Compensation Information * * *
This license has workers compensation insurance with the
COMBINED SPECIALTY INSURANCE COMPANY
Policy Number: 1 CW50070600 Effective Date: 01/01/2003 Expire Date: 01/01/2004
Workers Compensation History
* * * Miscellaneous Information * * *
Personnel listed on this license (current or disassociated) are listed on other
licenses.
Personnel List Other Licenses
License Number Request Contractor Name Request Personnel Name Request
Salesperson Request Salesperson Name Request
8 2002 State of California. Gray Davis, Governor. Conditions of Use Privacy Policy
1/30/2003
,- . - ..
IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
I
r '.
_.
Name under which business is conducted
Signature (given and surname) of proprietor
Place of Business
(Street and Number)
City and State
(4) Zip Code Telephone No.
IF A PARTNERSHIP, SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname and character of partner) (Note: Signature must be made by a
general partner)
(3) Place of Business
(Street and Number)
City and State
(4) Zip Code Telephone No.
IF A CORPORATION, SIGN HERE:
(1 ) Name under which business is conducted
Impress Corporate Seal here
(3) Incorporated under the laws of the State of
(4) Place of Business /$??% -%Id A' 1 H#@
(Street and Number)
City and State
(5) Zip Code 72339 Telephone No. &WY27/
Revised 04/22/02 Contract No. 3667-6 Page 13 of 83 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT -
State of California '1
County of
d personally known to me 0 proved to me on the basis of satisfactory
evidence
to be the persono whose nameAdare
subscribed to the within instrument and
acknowledged to me that hekbdthey executed
the same in -4Wkdtheir authorized
capacity e , and that by Mtheir
signature 9 on the instrument the person@, or
the entity upon behalf of which the person@
acted, executed the instrument.
OWONAL
Thargh the information below is not required by law, H may prove vakmbh? to persons relying on the document and could prevent
fraudulent removal and reattadwnent d this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: 1 Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
0 Individual
dCorporate Officer - Tile@
0 Partner - Limited 0 General
Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing: mIp<iphq A& tilt- S&;I a*
--
I
,- e
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
ATTACH ED
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:
Lewi_s 0 4 ht# - kid@#
Lu/e d fie- Xedv
44- 12 pTmk?$mf!
@ Revised 04/22/02
American Asphalt South, Inc.
Contract No. 3667-6 Page 14 of 83 Pages
-
.- c
*-
I
I
BID SECURITY FORM
(Check to Accompany Bid)
CONTRACT NO. 3667-6
2002/03 STREET SEALING
(NOTE: The following form shall be used if check accompanies bid.)
Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF
CARLSBAD, in the sum of
dollars ($ 11 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 (1 0%) of the total amount of the bid.)
e Revised 04/22/02 Contract No. 3667-6 Page 15 of 83 Pages
BIDDER'S BOND TO ACCOMPANY PROPOSAL
CONTRACT NO, 36674
2002103 STREET SEALING
KNOW ALL PERSONS BY THESE PRESENTS:
That we, American Asphalt South a,-. as Surety are held and firmly bound unto the.City of Carlsbad, California, in an amount as follows: (must be at least ten percent (70%) Of the bid arnount)Ten Percent of TotalAmmtB idfor which
payment, well and truly made, we bind ourselves, our heirs, executors and adminlstrators,
successors or assigns, jaintly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCi that if the proposal of the above
bounden Principal fot;
, as Principal, and Insurance Company of the Wgst
.. +
200U03 STREET SEALING
CONTRACT NO. 3663-6
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, baing 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 fotfeited to the said City.
,'--
I
Company Profile Page 1 of 2
Company Profile
INSURANCE COMPANY OF THE WEST
PO BOX 85563
SAN DIEGO, CA 92186-5563
800-877-1 11 1
Agent for Service of Process
Unable to Locate the Agent for Service of Process?
JAMES III W. AUSTIN, 11455 EL CAMINO REAL SAN DIEGO, CA 92130-2045
Reference Information
NAIC #: 27847
NAIC Group #: 0922
Date authorized in California:
Company Type: Property & Casualty
State of Domicile: CALIFORNIA
California Company ID #: 207 1-9
May 17, 1972
License Status: UNLIMITED-NORMAL
Lines of Insurance Authorized to Transact
The company is authorized to transact business within these lines of insurance. For an explanation of
any of these terms, please refer to the glossary.
AIRCRAFT
AUTOMOBILE
BOILER AND MACHINERY
BURGLARY
COMMON CARRIER LIABILITY
CREDIT
DIS ABILITY
FIRE
LMILITY
MARINE
MISCELLANEOUS
http://cdinswww.insurance.ca.gov/pls/wu~co~prof/idb~co~prof~utl.get_co_prof?p_EID=58 ... 1/30/2003
Company Profile Page 2 of 2
PLATE GLASS
SPRINKLER
SURETY
TEAM AND VEHICLE
WORKERS' COMPENSATION
Company Complaint Information
Company Enforcement Action Documents
Company Performance & Comparison Data
Composite Complaint Studies
Want More?
Help Me Find a Company Representative in My Area
Financial Rating Organizations
Last Revised - January 08,2003 06:21 PM Copyright Q California Department of Insurance Disclaimer
http://cdinswww.insurance.ca.gov/pls/wu~co~prof/idb~co~prof~utl.get~co~prof?p~E~=58 ... 1/30/2003
I.
In the event Principal executed this bond as an individual, R is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. -
Executed by PRINCIPAL this, 15th day of January ,20 03 .
PRINCIPAL: -- day !. Executed by SURETY this 15th
of January ,2003 .
CI 1nrl-v. (sQn here} ownT;i I.
*&is D,--#
(print name here)
(Title and Organitstion of Signator$)
9rcesiden-C. Amef /&%H wc s../a
..
8 y:
(sign here
Lule sn e (print name here)
(title and organfz'ation of signat&) c. SeGwttLm ,her iCkfiM
Insurance Company of the West
{name of Surety)
1575 Treat Blvd., Suite 202
Walnut Creek, CA 94598-1025
(address of Surety)
(925) 937-9460 ,j /
Kathleen Bryant
(printed name of Attorney-in-Fact)
r (Attach corporate resolution showing current power of attorney.)
(Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.)
{President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary. or assistant
secretary under corporate seal empowering that officer to bind the corporation.)
J
d
APPROVED AS TO FORM;
RONALD R. BALL '
City Attorney
a Dcl\tiearI fldt77/fl7 Cnntract No. 3667-6 Page 17 of 83 Pages
'. . No. 0002037
ICW GROUP
Power of Attorney
Insurance Company of the West
The Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, The
Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company. a Corporation
duly organized under the laws ofthe State of Texas, (collectively referred to as the "Companies"), do hereby appoint
DERMOD E. HOUWELING, JAMES W-. UNTIEDT, BONNIE T. ATNIP, DAVID G. HARRIS, MAUREEN E. SCHMIDT JEFFREY W. PARKHURST, KATHLEEN BRYANT
their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings,
and other similar contracts of suretyship, and any related documents.
IN WITNESS WHEREOF, the Companies have caused these presents to be executed by its duly authorized officers ths 16th day of January, 2001.
INSURANCE COMPANY OF THE WEST
'THE EXPLORER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY COMPANY
John H. Craig, Assistant Secretary John L. Hannum, Executive Vice President
State of Cdifornia
County of San Diego 1
On January 16,2001, before me, Norma Porter, Notary Public, personally appeared John L. Hannunr and John H. Craig, personally known to me to be
the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by
their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument.
Witness my hand and official seal.
NOlAHV PUBLIC-CALIFORNIA
Norma Porter, Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies:
"RESOLVED: That the President, an Executive or Senior Vice President of the Company. together with the Secretary or any Assistant
Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date, execute, sign,
seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents.
RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity
and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the
seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same
force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or
photocopying."
CERTIFICATE
I, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the
respective Boards of Directors of the Companies, and are now in full force.
IN WITNESS WHEREOF, I have set my hand this 15 th day of mary , 3 gg3 .
*-- John H. Craig, Assistant Secretary
To verify the authenticity of this Power of Attorney yo~~ may call 1-800-877-1 1 I1 and ask for the Surety Division. Please refer to the Power of Attorney Number,
the above named individual(s) and details of the bond to which the power is attached. For information or tiling claims, please contact Surety Claims, ICW Group,
11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400.
i
STATE OF CALIFORNIA 1 1 ss.
COUNTY OF ALAMEDA 1 1
On January 15, 2003, before me, C Reynolds, Notary Public, personally
appeared Kathleen Bryant, personally known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that she executed the
same in her authorized capacity, and that by her signature on the instrument the
person, or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
Description of Attached Document:
American Asphalt South, Inc.
City of Carlsbad
2002/03 Street Sealing
Bid Bond
..
r
State of California
County of
personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the persona whose nam@cielare
subscribed to the within instrument and
acknowledged to me that h&bdthey executed the same in -RiefloerJtheir authorized
capacity e , and that by hidbedtheir signature F s on the instrument the person@ or
the entity upon behalf of which the person@
acted, executed the instrument.
WITNESS my hand and official seal.
OP77ONAL
Though the infomation below is not required by law, it may prove valuable to persons relying on the document and wufdprevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: I / c?iwlsw - Bid FJmd
Document Date: 3W-y - \+ Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name:
Individual
dCorporate Officer - Title@
0 Partner - Limited 0 General
0 Attorney-in-Fact 0 Trustee
0 Guardian or Conservator ll
Other: I I
Signer Is Representing: dt <%&h;Ihx;9 u
Pmd. No. 5907 Reordar: Call TolCFne 1.8OC-8764SZ7 0 1999 Natbnel NoIav Assmiallon 9350 De SMo Am.. EO. Box 2402 Chatswath, CA 913152402 mm.nalionalnotary.org
c
c
--
GUIDE FOR COMPLETING
THE "DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS"
AND
"DESIGNATION OF OWNER OPERATOWLESSOR AND
AMOUNT OF OWNER OPERATOWLESSOR WORK" FORMS
REFERENCES Prior to preparation of the following Subcontractor and Owner Operator/Lessor
disclosure forms Bidders are urged to review the definitions in section 1-2 of the SSPWC and of the
Supplemental Provisions to this Contract especially, "Bid", "Bidder", "Contract", "Contractor",
"Contract Price", "Contract Unit Price", "Engineer", "Subcontractor" and "Work" and the definitions in
section 1-2 of the Supplemental Provisions especially "Own Organization" and "Owner
Operator/Lessor." Bidders are further urged to review sections 2-3 SUBCONTRACTS of the
SSPWC and section 2-3.1 of these Supplemental Provisions.
CAUTIONS These forms will be used by the Agency to determine the percentage of work that the
Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct
information may result in rejection of the bid as non-responsive. Any bid that proposes performance
of more than 50 percent of the work by subcontractors or owner operator/lessors or otherwise to be
performed by forces other than the Bidder's own organization will be rejected as non-responsive.
Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal"
are not included in computing the percentage of work proposed to be performed by the Bidder.
_--
_-
INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every
subcontractor or Owner Operator/Lessor who the Bidder proposes to perform work or labor or render
service in or about the work or improvement, and every subcontractor or Owner Operator/Lessor
licensed as a contractor by the State of California who the Bidder proposes to specially fabricate and
install any portion of the work or improvement according to detailed drawings contained in the plans
and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or ten
thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of
subcontractor(s) shall be set forth and included as an integral part of the bid offer.
Bidder shall use separate disclosure forms for each Subcontractor or Owner Operator/Lessor of
manpower and equipment that it proposes to use to complete the Work. Additional copies of the
forms must be attached if required to accommodate the Contractor's decision to use more than one
Subcontractor or Owner Operator/Lessor. All items of information must be completely filled out.
These forms must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and
correct information may result in rejection of the bid as non-responsive.
Neither the amount, in dollars, of work performed by the Bidder's own forces (as Contractor) nor the
Bidder's overhead and profit for subcontracted items of the work is included to compute the
percentage of the work performed by Subcontractors or Owner OperatordLessors.
When the Bidder proposes that any bid item will installed by a Subcontractor or Owner
OperatorlLessor the amount, in dollars, of the bid item installed by each Subcontractor or Owner
Operator/ Lessor must be entered under the columns "Amount of Subcontracted Bid Item Including
Subcontractor's Overhead & Profit" or Amount of Owner Operator/Lessor Bid Item Including Owner
Operator/Lessor's Overhead & Profit unless the dollar amount of all work performed by any
Subcontractor or Owner Operator/Lessor is less than one-half of one percent (0.5%) of the Bidder's
total bid or ten thousand dollars ($10,000) whichever is greater. If a Subcontractor or Owner
Operator/Lessor installs or constructs any portion of a bid item the entire amount of the Contract Unit
Price, less the Bidder's overhead and profit, shall be multiplied by the Quantity of the bid item that the
Subcontractor or Owner Operator/Lessor installs to compute the amount of work so installed.
-
- E"s Revised 04/22/02 Contract No. 3667-6 Page 18 of 83 Pages
Suppliers of materials from sources outside the limits of work are not subcontractors. The value of
materials and transport of materials from sources outside the limits of work, as shown on the plans,
shall be assigned to the Contractor, the Subcontractor, or the Owner Operator/Lessor, as the case
may be, that the Bidder proposes as installer of said materials. The value of material incorporated in
any Subcontractor or Owner Operator/Lessor installed bid item that is supplied by the Bidder shall be
included as a part of the work that the Bidder proposes to be performed by the Subcontractor or
Owner Operator/Lessor installing said item.
-.
-
The item number from the "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 page number and total number of additional form pages shall be entered in
the location provided on each type of form so duplicated.
When the Bidder proposes using a subcontractor or owner operator/Lessor to construct or install less
than 100 percent of a bid item the Bidder shall attach an explanation sheet to the designation of
subcontractor or designation of Owner Operator/Lessor forms as applicable. The explanation sheet
shall be provided by the Contractor to clearly apprise the Agency of the specific facts that show the
Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces.
Determination of the subcontract and Owner Operator/Lessor amounts for purposes of award of the
contract shall determined by the City Council in conformance with the provisions of the contract
documents and the Supplemental Provisions. The decision of the City Council shall be final.
.-
Revised 04/22/02 Contract,No. 3667-6 Page 19 of 83 Pages
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR’S BID ITEMS
2002103 STREET SEALING
CONTRACT NO. 3667-6
The Bidder certifies that it has used the sub-bid of the following listed subcontractor in preparing this bid for the Work and that the listed subcontractor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code “Subletting and Subcontracting Fair Practices Act.” The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in
excess of than one-half of one percent (0.5%) of the Bidder’s total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency.
Full Company Name of Subcontractor: Tk Sk;pinq
Subcontractor’s Location of Business 3913Y )‘? nthid she+
em 93223 (4 Va /lev
Street Address
Zip State city J
*Subcontractor’s Telephone Number including Area Code: ( 987 ) 8 f4 -2799 -
*Subcontractor‘s California State Contractors License No, and Classification: yrAJ/d [-3$01
- *Subcontractor‘s Carlsbad Business License No.: Nwt?
SUBCONTRACTOR’S BID ITEMS*
EXDlanatiOn: Column 1 - Bid Item No. from the bid proposal, pages NN through NN, inclusive. Column 2 - The dollar amount of the item to be performed by the Subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor‘s own forces. Column 4 - The dollar amount of the Contractor’s overhead and profit for work done by both the Contractor’s and the Subcontractor’s forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages NN through NN, inclusive.
Page / of 2 pages of this Subcontractor Designation form
* Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the portions of the information preceded by an asterisk
required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the “Notice
Inviting Bids.” @ Revised 04/22/02 Contract No. 3667-6 Page 20 of 83 Pages
,3..
I 1
8. I- ..
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
2002103 STREET SEALING
The Bidder certifies that it has used the sub-bid of the following listed subcontractor in preparing this
bid for the Work and that the listed subcontractor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100
et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency.
CONTRACT NO. 3667-6
Full Company Name of Subcontractor: z! Shpq
Subcontractor's Location of Business 3923Y &hid 5)reef.
Street Address
*Subcontractor's Telephone Number including Area Code: [ 9297 ) 8 Y.4 -279f
*Subcontractor's California State Contractors License No. and Classification: %di'44 [-32
*Subcontractor's Carlsbad Business License No.: /twtF
Explanation:
Column 1 - Bid Item No. from the bid proposal, pages NN through NN, inclusive. Column 2 - The dollar amount of the item to be performed by the Subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and the Subcontractor's forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages NN through NN, inclusive.
Page 2 of 2 pages of this Subcontractor Designation form
* Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the portions of the information preceded by an asterisk
required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids."
Revised 04/22/02 Contract No. 3667-6 Page 20 of 83 Pages
i
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
2002103 STREET SEALING
CONTRACT NO. 3667-6
The Bidder certifies that it has used the sub-bid of the following listed subcontractor in preparing this bid for the Work and that the listed subcontractor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100
et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in
excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency.
Full Company Name of Subcontractor: U 4 kRr TIC.
Subcontractor's Location of Business /.// &Jd &rMr he
Street Address
*Subcontractor's Telephone Number including Area Code: { 7/f) MY - /8!/
*Subcontractor's California State Contractors License No. and Classification:
*Subcontractor's Carlsbad Business License No.:
2/.9gZ 4
Nod6
SUBCONTRACTOR'S BID ITEMS*
Explanation: Column I - Bid Item No. from the bid proposal, pages NN through NN, inclusive. Column 2 - The dollar amount of the item to be performed by the Subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and the Subcontractor's forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages NN through NN, incluske. I
Page & of bpages of this Subcontractor Designation form I .---
* Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the portions of the information preceded by an asterisk
required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the 'Notice
Inviting Bids.'
DESIGNATION OF OWNER OPERATOWLESSOR AND
AMOUNT OF OWNER OPERATOWLESSOR WORK
2002/03 STREET SEALING
CONTRACT NO. 3667-6
The Bidder certifies that it has used the sub-bid of the following listed Owner Operator/Lessor in
preparing this bid for the Work and that the listed Owner Operator/Lessor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional Owner Operator/Lessor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the Owner Operator/Lessors listed work will be made except upon the prior approval of the Agency.
Full Owner Operator/Lessor Name:
Owner Operator/Lessor Location of Business
Street Address -
City State Zip
*Owner Operator/Lessor Telephone Number including Area Code: ( 1 -
*Owner Operator/Lessor City of Carlsbad Business License No.:
. ...
I
_-
I
Explanation: Column 1 - Bid Item No. from the bid proposal, pages NN through NN, inclusive. Column 2 - The dollar amount of the item to be performed by the Owner OperatorlLessor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and the Owner OperatorlLessor's forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal
pages NN through NN, inclusive.
Page of pages of this Owner Operator/Lessor form
* Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the portions of the information preceded by an asterisk
required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids."
Revised 04/22/02 Contract No. 3667-6 Page 21 of 83Pages
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
(To Accompany Proposal)
CONTRACT NO. 3667-6
2002/03 STREET SEALING
Copies of the latest Annual Report, audited financial statements or Balance Sheets may be
submitted under separate cover marked CONFIDENTIAL.
Revised 04/22/02 Contract No. 3667-6
Amsrican Asphalt south, Inc.
Page 22 of 83 Pages
SALES
Sales
TOTAL SALES
American Asphalt South, Inc.
** PROFIT & LOSS STATEMENT **
November 2002
Combined Statement
Y-T-D includes 11 months ending November 2002
Page 1
12/19/02
COST OF SALES
Crew Sal aries
Materi a1 s
Subcontractors
Trucking
Other Job Costs
PW Fri nge Benefits
Discounts Taken
TOTAL COST OF SALES
GROSS PROFIT FROM OPERATIONS
INDIRECT EXPENSES
Payroll Tax Expense
- Workers Compensation Expens
Supervisors Salaries
Supv Real locate. AC
Bonuses
Workers Compensation Expens
Small Tools
Fuel
Rep & Maint-Vehicles
Suppl i es - Non Vehi cl e
Medical Insurance
Dump Fees - Non A1 1 ocated
Vehicle Reimbursement
Equipment Rental -AC
Fuel
Plans & Specs
Parking/Tol Is
Comnunications
Vehi cl e- Servi ce
Labor-Vehicle
Vehi cl e - DMV
Depreciation
Labor -Yard
Indi rect Labor Cost Applied
TOTAL INDIRECT EXPENSES -- -
,YERAL & ADMIN EXPENSES
Sal ari es & Wages -Off i ce
Payroll Tax Expense
Workers Comp
C.URRENT MONTH
785.675.10
785.675.10
__________-__
295,275.36
149.944.01
52,839.78
21,301.02
79,098 ~ 35
52,856.17
0.00
651.314.69
134,360.41
___----------
_------------
19,437.75
0.00
0.00
0.00
0.00
16,616.99
0.00
0.00
53.00
4,896.15
1,237 -00
0.00
1,759.00
21,000.00
18,182.35
168.50
98.00
4.828.14
31.155.82
0.00
2,612.00
4,335.88
17,240.53
-84,410.65
59,210.47
___----------
41,799.60
2,052.65
446.68
% YEAR TO DATE
100.0
100.0
37.6
19.1
6.7
2.7
IC.1
6.7
0.0
82.9
17.1
2.5
0.0
0.0
0.0
0.0
2.1
0.0
0.0
0.0
0.6
0.2
0.0
0.2
2.7
0.0
0.0
0.6
4.0
0.0
0.3
0.6
2.2
-10.7
7.5
3- L.J
5.3
0.3
0.1
16,739,486.33
16,739.486.33
______------_
3,101,658.18
6,610,566.96
2,366,690.85
435.251.84
958,524.42
484,081.81
-32.69
13.966.741.37
2,772,744.96
______-------
_____--------
249,326.25
2,044.76
86,680.45
-8.659.00
48,497.00
186.125.71
2,860.64
11.84
16,100.80
173,709.28
64,491.49
70.00
16.715.91
239,639.30
211.512.74
4,307.13
1,018.70
75,054.08
563,043.52
1.022.75
39,649.95
16,449.80
322.452.70
-833.857.89
1.478.268.91
-------------
299.556.00
16,923.16
5.457.37
%
100.0
100.0
18.5
39.5
14.1
2.6
5.8
2.9
0.0
83.4
16.6
1.5
0.0
0.5
-0.1
0.3
1.1
0.0
0.0
0.1
1.0
0.4
0.0
0.1
1.4
1.3
0.0
0.0
0.4
3.4
0.0
0.2
0.1
1.9
-5.0
8.8
1.8
0.1
0.0
American Asphalt South, Inc.
** PROFIT & LOSS STATEMENT **
November 2002
Combined Statement Y-T-D includes 11 months ending November 2002
CURRENT MONTH
Rent 3,500.00
Professional Services 0.00
Advertising & Promotion 1,213.97 Telephone 570.34 Insurance-General 15,888.00
Entertainment 0.00
Lease Expense 0.00
Travel 317.36
Repairs & Maint-YO 32.85
Uniform Expense 136.52
Repairs & Maint-Office 5,403.92
Office Supplies 2.682.91
office Supp! ;es-,~C 182.40
Postage/Freight 1,420.63
Dues 668.00
401K Employer Match 0.00
Pension Contributions 0.00
Utilities, AC 639.90
Property Taxes 0.00
Licenses 250.00
Subscriptions 311.90 Bank Charges 69.24
Advertising/Promotion 505.20
Conventions/Seminars 0.00
Contributions & Donations 100.00
Service Fees 55.97
0.00 Dental Plan
Interest Expense 2.148.60
Permi ts 127.00
Vehicle cl eaning/repai r 0.00
Rent -AC 1 100.00 Uti 1 i ti es 195.06
Telephone 18.12 Rep & Maint 1,103.58
Clerical LJages CO FJST GSE 2,352 .OO
Office Suppl ies DO NOT USE 0.00
% YEAR TO DATE
0.4 36,100.00
0.0 3.110.00
0.2 40,465.05
0.1 3,587.56
2.0 158,729.00
0.0 2.243.70
0.0 1,727.64
0.0 9,426.67
0.0 1,395.63
0.0 2.150.74
0.7 11,005 -80
03 12.889.58
0.0 223.75
0.2 8,484.20
0.1 2.223.00
0.0 777.66
0.0 1.827.38
0.1 6,637.98
0.0 2,218.58
0.0 2,978.91
0.0 7,373.93
0.0 8.676 -36
0.1 9,644.37
0.0 755.65
0.0 505.00
0.0 58.97
0.0 4,018.00
0.3 13,133.63
0.0 5,240.98
0.0 4,199.54
0.1 9,850.00
0.0 4,021.19
0.0 3,369.11
0.1 17,108.18
0.3 14.628.70
0.3 186,221.30 ------------- __-----------
TOTAL GENERAL & ADMIN EXPENSES 85,292.40 10.9 946.944.27
NET INCOME FROM OPERATIONS -10.142.46 -1.3 347,531.78
_____________ ______-----_-
OTHER INCOME
Other Income
TOTAL OTHER INCOME
36.00 0.0 2,856.00
36.00 0.0 2.856.00
__--_____-___ _____________
___-___------ ______----___
NET INCOME BEFORE TAXES -10,106.46 -1.3 350,387.78
-'SOME TAXES
Franchise Tax Expense 0.00 0.0 8CO. 00
Page 2
12/ 19/02
%
0.2
0.0
0.2
0.0
0.9
0.0
0.0
0.1
0.0
0.0
0.1
0.2
0.0
0.1
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.1
0.1
0.0
0.0
0.0
0.0
0.1
0.0
0.0
0.1
0.0
0.0
0.1
0.1
1.1
5.7
2.1
0.0
0.0
2: 1
0.0
American Aspha 1 t South, Inc .
** PROFIT & LOSS STATEMENT **
November 2002
Combined Statement _- Y-T-D includes 11 months ending November
CURRENT MONTH %
TOTAL INCOME TAXES 0.00 0:o
NET PROFIT -10,106.46 -1.3
--_____-_----
Page 3
12/19/02
2002
YEAR TO DATE %
800.00 0.0
American Asphalt South. Inc.
** BALANCE SHEET **
As of November 30. 2002
ASSETS
CURRENT ASSETS
Cash in Checking
Cash in First Comn-.PSP Expe
Cash in First Comn-General
Cash in Palm Springs Paving
Accounts Receivable
Employee Advances I nv - Emu 1 s i on I nv - Rock
Excess Costs Over Billings
TOTAL CURRENT ASSETS
L
FIXED ASSETS
Trucks
Machinery & Equipment
Off i ce Equi pment
Li censed Vehi cl es -AC
Licensed Vehicles-SS
Licensed Vehicles-REAS SE Vehi cl es - Fontana
Leasehold Improvements-Font
Equipment-AC
Equipment-SS Equipment-Fontana
Office Equipment-Fontana
Accum Depreciation
TOTAL FIXED ASSETS
-45.770.03
21,180.00
11,313.50
1,788.06
1,722,400.68
894.31
10,271.53
1.966.80
320.548.00 ___---------
2.044.592.85
OTHER ASSETS
Suspense
Water Deposits
TOTAL OTHER ASSETS
73.987.87
42 m3.35
11,062.78
5,000.00
12.397.24
16,957.38
20,697.50
49,107.75
6,000.00
34,189.50
38,666.06
21,477.00
-16.449.80 ----
315,706.63
64,505.94
4.44 I . 7 7 --------------
68,947.71
TOTAL ASSETS
American Asphalt South, Inc.
--
** BALANCE SHEET ** As of November 30, 2002
LIABILITIES & EQUITIES
LI AB I L IT1 ES
SHORT TERM LIABILITIES A/P - Trade
Pension Payable
Payroll Taxes Payable
Pension Repayment
Garnishments
Bonus Payable
PW Training Payable
AFLAC Insurance Payable
401k
PW Fringe Paysble
Workers’ Comp Payable
Notes Payable .
TOTAL SHORT TERM LIABILITIES
1,662,349.38
iio.4ii.78
16,398.98
906.02
1,494.26
43,497.00
1,205.74
872.49
17.131.35
156,181.67
4,800.50
44.243. ia
LONG TERM LIABILITIES
TOTAL LONG TERM LIABILITIES
TOTAL LIABILITIES
EQUITIES
Capital Stock
Distri butions-A1 an
Net Profit, Year-to-Date
TOTAL EQUITIES
TOTAL LIABILITIES & EQUITIES
0.
_-
! ! BALANCE ERROR: ASSETS - (LIABILITIES + EQUITIES) - 167.0
-
BIDDER'S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
CONTRACT NO. 3667-6
2002/03 STREET SEALING
The Bidder is required to state what work of a similar character to that included in the proposed
Contract helshe has successfully performed and give references, with telephone numbers, which will
enable the City to judge hislher responsibility, experience and skill. An attachment can be used.
Name and Phone Amount
of
Contract
e Revised 04/22/02 Contract No. 3667-6
AmericanAsphahsaulh,Inc.
Page 23 of 83Pages
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BIDDER'S CERTIFICATE OF INSURANCE FOR
GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE
LIABILITY AND WORKERS' COMPENSATION
(To Accompany Proposal)
CONTRACT NO. 3667-6
2002103 STREET SEALING
As a required part of the Bidder's proposal the Bidder must attach either of the following to this page.
1) Certificates of insurance showing conformance with the requirements herein for each of:
Comprehensive General Liability
Automobile Liability
Workers Compensation
Employer's Liability -
2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for
Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's
Liability in conformance with the requirements herein and Certificates of insurance to the Agency
showing conformance with the requirements herein. -- c
All certificates of insurance and statements of willingness to issue insurance for auto policies offered
to meet the specification of this contract must:
1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance
company that the Contractor proposes.
2) Cover 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.
.- # Revised 04/22/02 Contract No. 3667-6 Page 24 of 83 Pages
AMERIASPS
DATE (MMIDDNY)
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE
~~ ~ ~
TYPE OF INSURANCE j POLICY NUMBER co LTR
A ~ GENERAL LIABILITY lCP50070800 x COMMERCIAL GENERAL LIABILITY -
JcLA~Ms MADE 1 OCCUR
OWNERS & CONTRACTORS PROT - 1X Per Project
Aqqreqat e A AUTOMOBILE LIABILITY 1CP50070800
~ x ANYAUTO -
ALL OWNED AUTOS
SCHEDULED AUTOS
-
~
I
I ACORD,,
BEEN REDUCED BY PAID CLAIMS
POLICY EFFECTIVE POLICY EXPIRATIOh DATE (MMIDDMY) DATE (MMIDDNY)
01/01/03 01/01/04
01/01/03 01/01/04
PRODUCER Allied North America
39300 Civic Center Dr. Ste 390 ---emont, CA 94538 &cense No. OC38887
(510) 578-2000 ~-
American Asphalt South, Inc.
14436 Santa Ana Avenue
Fontana, CA 92337
GENERAL AGGREGATE
PRODUCTSCOMPIOP AG?
PERSONAL & ADV INJURY
EACHOCCURRENCE
FIRE DAMAGE (Any one fire)
MED EXP (Any one person)
COMBINED SINGLE LIMIT
04/03/03
THIS CERTIFICATE IS ISSUED AS A MATTER OFINFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
~~ COMPEES AFFORDING COVERAGE ~~
ACombined Specialty Ins. _____~ Co. 4 15 C#
BNat'l Union Fire Ins Co of Pitts, Pi
COMPANY
COMPANY
$2 , 0 0 0 , 0 0 0
$2 , 0 0 0 , 0 0 0
SI , 0 0 0 , 0 0 0-
$1,000,00~
$1 0 0 , 0 0 0
$5 , 0 0 0
51 , 0 0 0 , 0 0 0
I COMF
AUTO ONLY-EA ACCIDENT
OTHER THAN AUTO ONLY:
EACH ACCIDENT
AGGREGATE I
0 1 / 0 1 / 0 4 EACH OCCURRENCE
AGGREGATE __
0 1 / 0 1 / 0 4 x I STATUTORY LIMITS
1 EACH ACCIDENT
- 5
-
5
5 $~,ooo,ooo $~,ooo,oOo
$
51,~OOO , 000-
LIMITS
A WORKERS COMPENSATION AND 1CW50070600 ~ 01/01/03
EMPLOYERS' LIABILITY
I
BODILY INJURY (Per person)
I THE PROPRIETOR/
~ OFFICERS ARE PARTNERS/EXECUTIVE
I
BODILY INJURY (Per accident)
i i i i PROPERTY DAMAGE IS I ti
GARAGE LIABILITY
ANY AUTO k H i I
DISEASE-POLICY LIMIT
DISEASE-EACH EMPLOYEE IS1 I 0 0 0
]$I I 0 0 0 I 0 0 0
0 0 0
City of Carlsbad EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL END==
Purchasing Department ?r) DAYS WRllTEN NOTICE TOTHE CERTIFICATE HOLDER NAMED TO THE LEFT,
1635 Faraday Avenue
Carlsbad, CA 92008-7314
I-a1 insured as respects liability arising out of activities performed by
or on behalf of the Named Insured.
Waiver of Subrogation applies to all policies.
~ I.-
-
c
POLICY NUMBER: 1CP500708 0 0 COM M ERClAL GENERAL LlABl LlTY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES or
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
City of Carlsbad
Purchasing Department
1635 Faraday Avenue
Carlsbad, CA 92008-7314
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of "your work" for that insured by or for you.
REF: 2002/03 Street Sealing, Contract No. 3667-6
The City of Carlsbad, its officials, employees and volunteers are addition
-a1 insured as respects liability arising out of activities performed by
or on behalf of the Named Insured.
Waiver of Subrogation applies to all policies.
IT IS AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE
MAINTAINED BY THE ADDITIONAL INSURED(S) IS EXCESS AND NOT CONTRIBUTORY
WITH THIS INSURANCE
IC
AS RESPECTS LIABILITY, IT IS AGREED THAT ALL RIGHT OF SUBROGATION IS
HEREBY WAIVED AGAINST THE ADDITIONAL INSURED(S) IDENTIFIED IN THIS
ENDORSEMENT.
THE ADDITIONAL INSURED(S) WILL BE GIVEN THIRTY [30] DAYS WRITTEN
NOTICE BEFORE ANY CANCELLATION, NON-RENEWAL OR REDUCTION OF COVERAGE
EXCEPT FOR NON-PAYMENT OF PREMIUM TEN [lo] DAYS NOTICE WILL BE GIVEN.
CG 20 10 11 85
Company
c-
ATTACHED TO AND ENDORSEMENT EFFECTIVE
FORMING A PART OF
POLICY NUMBER
(Standard Time)
MonthIDayNear 12:Ol A.M. NOON
I CW50070600 4/3/2003 (XI
Combined Specialty Ins. Co.
INSURED
American Asphalt South, Inc.
PRODUCER AND CODE
CPGISPEC. RISK RESOURCES INS
AGCY, INC.
Policy Period 1 /I /03 To 1/1/04 Endorsement No.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING:
WORKERS’ COMPENSATION AND EMPLOYERS’ LIABILITY INSURANCE
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right or recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform - work under a written contract that requires you to obtain this agreement from us.
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
The City of Carlsbad
The premium charge for this endorsement is: Included
AUTH~RIZED REPRESENTATII+ DATE
WC CPG 7(3/02)
BIDDER'S STATEMENT RE DEBARMENT
(To Accompany Proposal)
CONTRACT NO. 3667-6
2002/03 STREET SEALING
1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? x
2) If yes, what wadwere the name(s) of the agency(ies) and what wadwere the period(s) of
debarment(s)? Attach additional copies of this page to accommodate more than two debar-
ments.
I
party debarred party debarred
c-
agency agency
- - period of debarment period of debarment
BY CONTRACTOR:
Page I of I pages of this Re Debarment form
Revised 04/22/02 Contract No. 3667-6 Page 25 of 83Pages
c-- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California 1
County of Inn I
1 --
.--
"
personally appeared is rr>.A&nq-tC & LuIe Scnnp-
NBmeIS) Of Sir@)
pd personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the persona whose nameAdare
subscribed to the within instrument and
acknowledged to me that heW&they executed
the same in 4Whedth eir authorized
capacity e , and that by IWMi'their
signature Q on the instrument the perso@, or
the entity upon behalf of which the person@
acted, executed the instrument.
OPTIONAL
Though the mfmation below is not required by law, il may prove vahkhle to persons relying on the document and could prevent frauduknt remova/ and reaffachment of this form to another document.
Description of Attached Document
Title or Type of Document: C. ?&&karma c
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
0 Individual
dCorporate Officer - TI^@ ?fu7.5&2n+ ; Set f s.kxru
0 Partner - 0 Limited 0 General 0 Attorney-in-Fact
Trustee
0 Guardian or Conservator
0 Other:
Signer 1s Representing: A ~3, F Ash dt L%Yh;lw.
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.
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
2002103 STREET SEALING
CONTRACT NO. 3667-6
3)
4)
5)
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?
% no
Has the suspension or revocation of your contractors license ever been stayed?
Have any subcontractors that you propose to perform any portion of the Work ever had their
contractor’s license suspended or revoked by the California Contractors’ State license Board two
or more times within an eight year period? x Yes no
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
If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party
disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of
the violation and the disciplinary action taken therefor.
- (If needed attach additional sheets to provide full disclosure.)
Page of pages of this Disclosure of Discipline form
American Asphalt South, IN.
Revised 04/22/02 Contract No. 3667-6 Page 26 of 83Pages
--
I
BIDDER'S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED)
(To Accompany Proposal)
CONTRACT NO. 3667-6
2002/03 STREET SEALING
If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party
who's discipline was stayed, the date of the violation that the disciplinary action pertains to,
describe the nature of the violation and the condition (if any) upon which the disciplinary action
was stayed.
(If needed attach additional sheets to provide full disclosure.)
BY CONTRACTOR:
- Ledis 9. %hn& Pr(eSidm k L* IC Sbne .Se cr(e ta*rr
( p r i n t nameltit I'e
Page of pages of this Disclosure of Discipline form
e Revised 04122102 Contract No. 3667-6 Page 27 of 83Pages
.
c CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
personally appeared -k&W is ~~.Aahqlp_tC ~8ma(s) aoct oisms) L~IP J Sbfic-
pd personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person@ whose nam@&are
subscribed to the within instrument and
acknowledged to me that WsWthey executed
the same in -4idwMtheir authorized
capacity e , and that by hi&dtheir
signature 8 s on the instrument the persona, or
the entity upon behalf of which the person@
acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
Though the information below is not required by law, I may prove valuable to persons relying on the document and could prwent fraudulent removal and reaitachmnf of this form to another document.
Description of Attached Document
Document Date: sm 3 Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name:
0 Individual
dcorporate Officer - Tifflee
0 Partner - 0 Limited 0 General 0 Attorney-in-Fact
0 Trustee
Guardian or Conservator
0 Other:
Signer Is Representing: ~PCipfA~ Asohcilt Snd I I&
-,
0ises~abnal~dary~~.9350h,~olo~ve..~.o. mxz4o2*cha(nvom.~~9i3is-2urz.~.~org ~od NO 5807 ~s~ldsccsr~ol~rw 1-8008766827
c
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
CONTRACT NO. 3667-6
2002/03 STREET SEALING
State of California 1
County of .)
) ss.
, being first duly sworn, deposes
(Name of Bidder)
hlC %ne
and says that he wih is .% cre tccvu (Title)
(Name of Firm7
of
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 27 * day of 3-&~lw% ,200 3 .
I
Signature of Bidder 7
Subscribed and sworn to before me on the 27* day of ,2003 .
@ Revised 04/22/02 Contract No. 3667-6 Page 28 of 83 Pages
J
State of California 1
fk , h- t(. Lth~~j, AbttLJU 9$1 Name dlii ol Mficer (e g ."ana hoe. Nolary PuMic') [
-w sgnw
Apersonally known to me 17 proved to me on the basis of satisfactory
evidence
to be the person@ whose name#&
subscribed to the within instrument and
personally appeared
the entity upon behalf of which the person(&)
acted, executed the instrument.
OPTIONAL
Though the information below is not required by law, It may prove duabie to persons relying on the docoment and could prevent fraudulent remod and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: @fo QoS CtI /O!lsbad/dofib ILs iw
Document Date: 27 ~ ?w3 Number of Pages:
Signer@) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
17 Attorney-in-Fact
0 Trustee 0 Guardian or Conservator
0 Other: I I
Signer Is Representing: 1kk&-. /A)
- City of Carlsbad
January 9,2003
ADDENDUM NO. 1
RE: 2002/03 STREET SEALING PROJECT, Contract No. 3667-6
Please include the attached addendum in the Notice to Bidder/Request for Bids you
have for the above project.
This addendum--receipt acknowledged--must be attached to your Request for Bid when
your bid is submitted.
LH:jlk
Attach men t
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1
.---
1635' Faraday Avenue - Carlsbad, CA 92008-731 4 - (760) 602-2460 FAX (760) 602-8556 @
CONTRACT
PUBLIC WORKS
This agreement is made this A8d day of
between the City of Carlsbad, California, a municipal corpofation, (hereinafter called "City"),
, 2063, by and
and AMERICAN ASPHALT SOUTH INC whose principal place of business is
14436 SANTA ANA AVENUE, FONTANA, CA 92337 (hereinafter
called "Contractor").
City and Contractor agree as follows:
1.
for:
Description of Work. Contractor shall perform all work specified in the Contract documents
2002/03 STREET SEALING
CONTRACT NO. 3667-6
(hereinafter called "project")
2.
equipment, and personnel to perform the work specified by the Contract Documents.
Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools,
3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids,
Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner
Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience,
Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and
Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and
Supplemental Provisions, and all proper amendments and changes made thereto in accordance with
this Contract or the Plans and Specifications, and all bonds for the project; all of which are
incorporated herein by this reference.
I
Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as
indicated, specified, and implied by the Contract Documents. Any items of work not indicated or
specified, but which are essential to the completion of the work, shall be provided at the Contractor's
expense to fulfill the intent of said documents. In all instances through the life of the Contract, the
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) 2000 Edition, and supplements thereto, hereinafter designated
"SSPW C", as issued by the Southern California Chapter of the American Public Works Association,
and as amended by the Supplemental Provisions section of this contract. The Engineer will close the
estimate of work completed for progress payments on the last working day of each month.
- 5. Independent Investigation. Contractor has made an independent investigation of the
jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the
work, and is aware of those conditions. The Contract price includes payment for all work that may be
done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or
Revised 04/22/02 Contract No. 3667-6 Page 29 of 83Pages
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 251 17 of the Health and Safety Code, that is required to be removed to a Class
I, Class II, or Class Ill disposal site in accordance with provisions of existing law.
B.
indicated .
Differing Conditions. Subsurface or latent physical conditions at the site differing from those
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 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.
-
e Revised 04/22/02 Contract No. 3667-6 Page 30 of 83Pages
.- Contractor shall also defend and indemnify the City against any challenges to the award of the
contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense
costs include the cost of separate counsel for City, if City requests separate counsel.
Contractor shall also defend and indemnify the City against any challenges to the award of the
contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by
the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense
costs for the City. Defense costs include the cost of separate counsel for City, if City requests
separate counsel.
IO. Insurance. Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, his or her agents, representatives,
employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in
Resolution No. 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: $1,000,000 combined single limit per accident for
bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the
performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether
scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any
auto" and cannot be limited in any manner.
-
c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits
as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000
per incident. Workers' compensation offered by the State Compensation Insurance Fund is
acceptable to the City.
(B) Additional Provisions. Contractor shall ensure that the policies of insurance required under
this agreement with the exception of Workers' Compensation and Business Automobile Liability
Insurance contain, or are endorsed to contain, the following provisions.
a. The City, its officials, employees and volunteers are to be covered as additional insured as
respects: liability arising out of activities performed by or on behalf of the Contractor; products and
' 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. I
c.
to the City, its officials, employees or volunteers. Any failure to comply with reporting provisions of the policies shall not affect coverage provided
@ Revised 04/22/02 Contract No. 3667-6 Page 31 of 83Pages
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 nonrenewed, suspended, voided, canceled, or reduced in coverage
or limits except after thirty (30) days' prior written notice has been given to the City by certified mail,
return receipt requested.
(D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured
retention levels must be declared to and approved by the City. At the option of the City, either: the
insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the
City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of
losses and related investigation, claim administration and defense expenses.
(E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a
waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its
officials or employees.
(F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or
shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein.
(G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's
Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of
insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a
listing in the official publication of the Department of Insurance of the State of California and/or under
the standards specified by the City Council in Resolution No. 91-403.
(H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and
original endorsements affecting coverage required by this clause. The certificates and
endorsements for each insurance policy are to be signed by a person authorized by that insurer to
bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the
City and are to be received and approved by the City before the Contract is executed by the City.
(I) in the Contractor's bid.
Cost Of Insurance. The Cost of all insurance required under this agreement shall be included
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 Supplemental Provisions I section. The contractor shall initially submit all claims over
$375,000 to the City using the informal dispute resolution process described in Public Contract Code
subsections 201 04.2(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.
(B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be
@ Revised 04/22/02 Contract No. 3667-6 Page 32 of 83 Pages
- 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 subcontrac-
tor from participating in future contract bidding.
(H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for
resolution of any disputes between the parties arising out of this awment is San Diego County, & init 2. init I have read and understand all provisions of Section 11 above.
California.
-
12. Maintenance of Records. Contractor shall maintain and make available at no cost to the
City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1,
Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's
principal place of business as specified above, Contractor shall so inform the City by certified
letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of
any change of address of such records.
13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720
of the Labor Code are incorporated herein by reference.
14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted
for any monies withheld by the City to secure performance of this contract for any obligation
established by this contract. Any other security that is mutually agreed to by the Contractor and
the City may be substituted for monies withheld to ensure performance under this Contract.
15. Provisions Required by Law Deemed Inserted. Each and every provision of law and
clause required by law to be inserted in this Contract shall be deemed to be inserted herein and
included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not
correctly inserted, then upon application of either party, the Contract shall forthwith be physically
amended to make such insertion or correction.
16. Additional Provisions. Any additional provisions of this agreement are set forth in the
"General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
ATTACHED
-
@ Revised 04/22/02 Contract No. 3667-6 Page 33 of 83 Pages
(CORPORATE SEAL)
By: 7 (sign here)
Y (print name and title)
CIT
the
By:
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.
I APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
@ Revised 04/22/02 Contract No. 3667-6 Page 34 of 83 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEMMENT
to be the person$) whose nameidare subscribed to the within instrument and
acknowledged to me that kekhdthey executed
the same in Mehdtheir authorized
capacity(iee), and that by 4Whdtheir
signature@ on the instrument the person@, or
the entity upon behalf of which the persona
acted, executed the instrument.
WITNESS my hand and I.- . -
OpnoNAL
Though the inionnation -Is not reqcnhedbylaw, it may- vakreble lo persons Wng an the document andcouMpmn1
Irawkrlenl removal end reatfechment of this fcnn to another document.
Description of Attached Document
Document Date: Number of Pages:
Siiner(s) Other Than Named Above:
Capacfty(ies) Claimed by Signer
Signer's Name:
0 Individual a Corporate office& ~iie(s): 0 Partner - Limited 0 Ge
0 Attomey-in-Fact
0 Trustee
0 Guardian or Consetvator II o other: I I
Signer Is Representing: U
Bond No. 188 55 60
Premium: $2,949.00
FAITHFUL PERFORMANCEWARRANTY BOND
WHEREAS, the City Council of the City af Csrlsbad, State of Callfornia, by Resolution
No, 2003-062 , adopted MARCH 11, 2.003 , has awarded to
AMERICAN ASPHALT SOUTH INC , (hereinafter
designated as the "Principal"), a Contract for: 2002/03 STREET SEALING, CONTRACT NO. 3667-6.
in the Cify of Carlsbad, in strict conformity with the contract, the drawings and specvications, 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 Cantract and the terms thereof
require the furnishing of a bond for the faithful performance and warranty of said Contract;
NOW, THEREFORE, WE, AMERICAN ASPHALT SOUTH INC , as Principal,
(hereinafter designated as the "Contractor"), and Insurance Company of the West
, as Surety, are held and firmly bound unto the City of Carlsbad,
in the sum of THREE HUNDRED SEVENTY EIGHT THOUSAND NINE HUNDRED EI'GHTY FlVF AND &!.On - ------- --Uallars (3 3'/8,9B5.25 ' , Said sum being equal to
one bunared 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 patt, to be kept and petformed 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 bewrne null and void: othenuise 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 €he 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 €he terms of the contract or to the work or to the
specifications.
@ Revised 04/22/02 Contract No. 3667-6 Page 37 of 83 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 iis obligations under this bond.
-
Executed by CONTRACTOR this -
CONTRACTOR:
American Asphalt South, Inc.
(sign here)
(print name here) hls %e;
Executed by SURETY this 4th day of
03 920 April
SURETY:
Insurance Company of the West
(name of Surety) 39300 Civic Center Drive, Suite 390
Fremont, CA 94538
(address of Surety)
(510) 578-2000
(telephone number of Surety}
By: {mature of Attorney-in-Fact)
-_ Bonnie T. Atnip
(printed name of Attorney-in-Fact)
(Attach corporate resolution showing current power of attorney.}
her;rli (Title and Orgadiiation of signa&)
[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
@ Revised 04/22/02 Contract No. 3667~6 Page 38 of 83 Pages
STATE OF CALIFORNIA 1
COUNTY OF ALAMEDA 1 1 ss.
On April 4, 2003, before me, JENNIFER E. DIKING, Notary Public,
personally appeared Bonnie T. Atnip, personally known to me to be the person
whose name is subscribed to the within instrument and acknowledged to me that she
executed the same in her authorized capacity, and that by her signature on the
instrument the person, or the entity upon behalf of which the person acted, executed
the instrument.
WITNESS my hand and official seal.
\ hG-\ q/
tary Public - California U
Description of Attached Document:
American Asphalt South, Inc.
City of Carlsbad
2002/03 Smet Sealing, Contract # 3667-6
Performance Bond # 188 55 60
CALIFORNIA ALL=PURPOSE ACKNOWLEMYENT -
I-
F
to be the person@ whose name@idare
subscribed to the within instrument and
acknowledged to me that bekhdthey executed
the same in Medkdtheir authorized
capacity(iee), and that by +Widtheir signature@ on the instrument the perm@, or
the entity upon behalf of which the persona
acted, executed the instrument.
WITNESS my hand and official seal.
C >mmlaion ## 12641 71
OPnONAL
Thigh he infomrehion below is not reqdMby law, H maypmw valuable lo pem relying on the docwmmtand could prevent fraudubmt removal and reattachment of fhis fam to another &xu&.
Document Date: Number of Pages:
Signer@) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name:
0 Individual a Corporate Office& T&(s):
0 Partner - 0 Limited 0 Ge
0 Attorney-in-Fact
0 Trustee
0 Guardii or Conservator
0 other. I I
.- .
Bond No. 188 55 60
Premium: Included in FP
Bond
LABOR AND MATERIALS BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. , adapted- MARCH 11, 2003 , has. awarded to
AMERICAN ASPHALT SOUTH 1NC
(hereinafter designated as the "Principal"), a Contract for: 2002103 STREET SEALING, CONTRACT NO. 3667-6.
in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract
Documents now on file in the Ofke 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.
Principal, (hereinafter designated a5 the "Contractor"), and Insurance ccxnmn~ of the west as Surety, are held firmly bound unto the City of Carlsbad in the sum of
EIGHT T H.OUSAND NIN E HUNDRED EIGHTY FIVF AND 25/0~ollars ($ 378,985.25), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under
the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we
bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally,
firmly by these presents.
NOW, THEREFORE, WE, AMERICAN ASPHALT SOUTH INC - 7 as
TH RE,E l4UND.W SEVENTY
-
THE CONDITION OF THE OBLIGATION IS SUCH that if the Contractor or hidher subcontractors
fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the
performance of the work contracted to be done, or for any other work or labor thereon of any kind,
consistent with California Civil Code section 3181, or for amounts due under the Unemployment
Insurance Code with respect to the work or labor performed under this Contract, 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 the work and labor, that the Surety will pay for the
same, and, also, in case suit is brought upon the bond, reasonable attorneys fees, to be fixed by the
court consistent with California Civil Code sadion 3248.
This bond shall inure to the benefit of any of the persons named in California Civil Code section
3181, so as to give a right oT action to those persons or their assigns in any suit brought upon the
bond.
Surety stipulates and agrees that no change, extension of time, alteration or addition lo the terms of
the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change,
extension of time, alterations or addition to the terms of the contract or to the work or to the
specifications,
In the event that Contractor is an individual, lt is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond.
IC
Revised 04/22/02 Contract No. 3667-6 Page 35 of 83Pages
Executed by CONTRACTOR this Executed by SURETY this 4th day
day of 120-. of April ,20=.
CONTRACT0 R: SURETY:
American Asnh-a&t Sguth, Inr. Insurance ComDanv of the West
&I
(name of Surety)
{address of Surety)
39300 Civic Center Drive, Suite 390
Fremont, CA 94538
&is D.BoClvl& (print name here)
By: 7 (sign here)
C
Gs By: vgnature of Attorney-in-Fsa
Bonnie T. Atnip
(printed name of Att orney-l I?-F act)
(attach corporate resolution showing eurrsnt power (print name here) of attorney) 41% Sbiw.
- (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached .)
(President or vice-presldent and secretary or assistant secretary must sign for corporations. If only one offlcer
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
STATE OF CALIFORNIA }
} ss.
COUNTY OF ALAMEDA 1 1
On April 4, 2003, before me, JENNIFER E. DIKING, Notary Public,
personally appeared Bonnie T. Atnip, personally known to me to be the person
whose name is subscribed to the within instrument and acknowledged to me that she
executed the same in her authorized capacity, and that by her signature on the
instrument the person, or the entity upon behalf of which the person acted, executed
the instrument.
WITNESS my hand and official seal.
4- [A '%--
Notary Public - California
Description of Attached Document:
American Asphalt South, Inc.
City of Carlsbad
2002/03 Street Seahg, Contract # 3667-6
Payment Bond # 188 55 60
- I.C.W. GROUP
Insurance Company of The West
The Explorer Insurance Company
Independence Casualty and Surety Company
11455 El Camino Real, San Diego, CA 92130-2045
P.O. BOX 85563, San Diego, CA 92186-5563
www.icwgroup.com
(858) 350-2400 FAX (858) 350-2707
188 55 60 Bond Number:
Terrorism Risk Rider
This rider addresses the requirements of the Terrorism Risk Insurance Act of 2002.
In accordance with the above Act, we are providing this disclosure notice for all bonds on which
one or more of the above identified companies is a surety.
Coverage for c ertified acts of terrorism is included in the attached bond and will be partially
reimbursed by the United States under a formula established by the Act. The United States will
pay 90% of covered terrorism losses in excess of a statutory established deductible to the
insurance company issuing the bond.
-
In no way will the payment for loss on this bond exceed the limit of liability under-this bond.
This rider does not provide coverage for any loss that would otherwise be excluded by the terms
of this bond.
The portion of the premium, for this bond, attributable to coverage for certified acts of terrorism
under the Act is One Dollar ($1 .OO).
Important Notice: The cost of terrorism coverage is subject to change on any bond that
premium is charged annually.
Sign and Seal Date: April 4, 2003
No. 0002037
ICW GROUP
Power of Attorney
Insurance Company of the West
The Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, The
Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation
duly organized under the laws ofthe State of Texas, (collectively referred to as the “Companies”), do hereby appoint
DERMOD E. HOUWELING, JAMES W. UNTIEDT, BONNIE T. ATNIP, DAVID G. HARRIS, MAUREEN E. SCHMIDT
JEFFREY W. PARKHURST, KATHLEEN BRYANT
their true and lawful Attorney(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings,
and other similar contracts of suretyship, and any related documents.
IN WlTNESS WHEREOF, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001.
INSURANCE COMPANY OF THE WEST
THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY
John H. Craig, Assistant Secretary John L. Hannum, Executive Vice President
State of California
County of San Diego 1 ss.
On January 16,2001, before me, Norma Porter, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be
the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by
their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument.
Witness my hand and official seal.
Norma Porter, Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by
the respective Boards of Directors of each of the Companies:
“RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant
Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date, execute, sign,
seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related
documents.
RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity
and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the
seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same
force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or
photocopying.”
CERTIFICATE
I, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do
hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the
respective Boards ofDirectors ofthe Companies, and are now in full force.
IN WlTNESS WHEREOF, I have set my hand this 4th day of April , 2003 ,
John H. Craig, Assistant Secretary
To verify the authenticity of this Power of Attorney you may call 1-800-877-1 11 1 and ask for the Surety Division. Please refer to the Power of Attorney Number,
the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group,
11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400.
CALIFORNIA ALL-PURPOSE ACKNOWLEMYENT -
State of California I
County of n
A personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person@ whose name@ialare
subscribed to the within instrument and
acknowledged to me that bekhdthey executed the same in hidhodtheir authorized
capacity(iee), and that by -kidker/their
signature@ on the instrument the perso@, or
the entity upon behalf of which the person@
acted, executed the instrument.
Description of Attached Document
Tie or Type of Document: &&& -Cih, &&k@-
Document Date: Number of Pages:
YncL+mi& &3d
Signer@) Other Than Named Above:
CapacIty(ies) Claimed by Signer
Signer's Name:
0 Individual PQ corporate office+ TI(S): 0 Partner - 0 Limited 0 Ge
0 Attorney-in-Fact 0 Trustee
0 Guardian or Conservator
O Other: I I
i i
OPTIONAL ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the City of Carlsbad whose
address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and
whose address is
hereinafter called
"Contractor" and whose address is
hereinafter
called "Escrow Agent."
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows:
1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California,
the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention
earnings required to be withheld by the City pursuant to the Construction Contract entered into
between the City and Contractor for 2002/03 STREET SEALING, CONTRACT NO. 3667-6 in the
amount of dated (hereinafter referred to as the
"Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the
retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a
substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit.
The 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
@ Revised 04/22/02 Contract No. 3667-6 Page 39 of 83 Pages
- only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow
Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor.
7. The City shall have a right to draw upon the securities in the event of default by the Contractor.
Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent
shall immediately convert the securities to cash and shall distribute the cash as instructed by the City.
8. Upon receipt of written notification from the City certifying that the Contract is final and complete
and that the Contractor has complied with all requirements and procedures applicable to the
Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less
escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon
disbursement of all moneys and securities on deposit and payments of fees and charges.
9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant
to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above.
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 FINANCE DIRECTOR
-
For Contractor:
For Escrow Agent:
Signature
Address
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.
@ Revised 04/22/02 Contract No. 3667-6 Page 40 of 83Pages
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:
e Revised 04/22/02
Title MAYOR
Name
Signature
Address
Title
Name
Signature
Address
Title
Name
Signature
Address
Contract No. 3667-6 Page 41 of 83Pages
SUPPLEMENTAL PROVISIONS
FOR
2002/03 STREET SEALING
CONTRACT NO. 3667-6
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART 1, GENERAL PROVISIONS
SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS
1-1 TERMS
Add the following section:
1-1 .I Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled",
or words of similar import are used, it shall be understood that reference is made to the plans
accompanying these provisions, unless stated Otherwise.
Add the following section:
1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are
used, it shall be understood that the direction, designation or selection of the Engineer is intended,
unless stated otherwise. The word "required" and words of similar import shall be understood to
mean "as required to properly complete the work as required and as approved by the Engineer,"
unless stated otherwise.
Add the following section:
1-1.3 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:
1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its
expense, shall perform all operations, labor, tools and equipment, and further, including the
furnishing and installing of materials that are indicated, specified or required to mean that the
Contractor, at its expense, shall furnish and install the work, complete in place and ready to use,
including furnishing of necessary labor, materials, tools, equipment, and transportation.
1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively
defined by the definitions assigned to them herein.
Agency -the City of Carlsbad, California.
City Council - the City Council of the City of Carlsbad.
@ Revised 04/22/02 Contract No. 3667-6 Page 42 of 83Pages
City Manager - the City Manager of the City of Carlsbad or hidher approved representative.
Dispute Board - persons designated by the City Manager to hear and advise the City 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 hidher approved representative.
The Engineer is the third level of appeal for informal dispute resolution.
Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original
Contract Price bid.
Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired,
directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further,
such employees have their employment taxes, State disability insurance payments, State and
Federal income taxes paid and administered, as applicable, by the Contractor. When used in
Section 2-3.1 ”own organization” means construction equipment that the Contractor owns or leases
and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an
operator is not part of the Contractor’s Own Organization and will not be included for the purpose of
compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions.
Owner OperatorlLessor - 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.
Public Works Manager - The Construction Manager’s immediate supervisor and second level of
appeal for informal dispute resolution.
Project Inspector - the Engineer’s designated representative for inspection, contract administration
and first level for informal dispute resolution.
Construction Manager - the Project Inspector’s immediate supervisor and first level of appeal for
informal dispute resolution.
1-3 ABBREVIATIONS
1-3.2 Common Usage, add the following:
Abbreviation Word or Words
Apts ........................................ Apartment and Apartments
Bldg ........................................ Building band Buildings
CMWD .................................... Carlsbad Municipal Water District
CSSD ................................... ..Carlsbad Supplemental Standard Drawings
cfs ........................................... Cubic Feet per Second
Comm ..................................... Commercial
DR .......................................... Dimension Ratio
E .............................................. Electric
G ............................................. Gas
gal ........................................... Gallon and Gallons
Gar ......................................... Garage and Garages
GNV ........................................ Ground Not Visible
gpm ........................................g allons per minute I E ............................................ Invert Elevation
..
@ Revised 04/22/02 Contract No. 3667-6 Page 43 of 83Pages
LCWD .................................... .Leucadia County Water District
MSL ........................................ Mean Sea Level (see Regional Standard Drawing M-12)
MTBM ..................................... Microtunneling Boring Machine
OHE ........................................ Overhead Electric
OMWD ................................... Olivenhain Municipal Water District
ROW ...................................... Right-of-way
S ............................................. Sewer or Slope, as applicable
SDNR ..................................... San Diego Northern Railway
SDRSD ................................... San Diego Regional Standard Drawing
SFM ........................................ Sewer Force Main
T ............................................. Telephone
UE .......................................... Underground Electric
W ............................................ Water, Wider or Width, as applicable
VW D ....................................... Vallecitos Water District
NCTD ..................................... North County Transit Distrct
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.
24 CONTRACT BONDS, modify the second sentence of paragraph one as follows:
is listed in the latest version of US. Department of Treasury Circular 570,”.
Delete, “who
Modify paragraphs three and four to read: The Contractor shall provide a faithful perform-
ance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful
performance/warranty bond shall be in the amount of 100 percent of the contract price. The
Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount
equal to:
1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000).
2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million
dollars ($1 0,000,000).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000).
Both bonds shall extend in full force and effect and be retained by the.Agency during this project until
they are released according to the provisions of this section.
The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days
after recordation of the Notice of Completion and will remain in full force and effect for the one year
warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The
bonds to secure payment of laborers and materials suppliers shall be released six months plus 30
days after recordation of the Notice of Completion if all claims have been paid.
a Revised 04/22/02 Contract No. 3667-6 Page 44 of 83Pages
Add the following: All bonds are to be placed with a surety insurance carrier admitted and
authorized to transact the business of insurance in California and whose assets exceed their
liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the
following documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
instrument entitling or authorizing the person who executed the bond to do so.
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, (SSPW C), 2000 Edition, and supplements thereto,
hereinafter designated "SSPW C", as written and promulgated by Joint Cooperative Committee of the
Southern California Chapter American Public Works Association and Southern California Districts
Associated General Contractors of California, and as amended by the Supplemental Provisions
section of this contract.
The construction plans consist of Drawing No. 402-5, sheets 1 thru 3 and are attached hereto. The
standard drawings used for this project are the latest edition of the San Diego Area Regional
Standard Drawings, hereinafter designated SDRS, as issued by the San Diego County Department
of Public Works, together with the most recent editions of the City of Carlsbad Supplemental
Standard Drawings, hereinafter designated as CSSD, as issued by the City of Carlsbad and the
Carlsbad Municipal Water District Standard Plans hereinafter designated as CMWDSD, as issued by
the Carlsbad Municipal Water District. Copies of some of the pertinent standard drawings are
enclosed as an appendix to these Supplemental Provisions.
2-5.2 Precedence of Contract Documents, modify as follows: If there is a conflict between
Contract Documents, the document highest in precedence shall control. The precedence shall be
the most recent edition of the following documents listed in order of highest to lowest precedence:
1 ) Permits from other agencies as may be required by law. 2) Supplemental Provisions. 3) Plans.
4) Standard Plans.
a) City of Carlsbad Supplemental Standard Drawings.
b) Carlsbad Municipal Water District Standard Drawings.
c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings.
d) San Diego Area Regional Standard Drawings.
e) State of California Department of Transportation Standard Plans.
5) Standard Specifications for Public Works Construction. 6) Reference Specifications.
7) Manufacturer's Installation Recommendations.
Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will
take precedence over items 2) through 7) above. Detailed plans and plan views shall have precedence over general plans. - 'd Revised 04/22/02 Contract No. 3667-6 Page 45 of 83Pages
2-5.2 Precedence of Contract Documents, add the following: Where CALTRANS specifications
are used to modify the SSPWC or added to the SSPWC by any of the contract documents the
CALTRANS specifications shall have precedence only in reference to the materials and construction
materials referred to in the CALTRANS specifications. The Invitation to Bid, Contract for Public
Works, Part 1 of these Supplemental Provisions and Part 1 of the SSPWC, in the order of
precedence in section 2-5.2 of the SSPWC, shall prevail over the CALTRANS specifications in all
other matters.
2-5.3.3 Submittals, add the following: Each submittal shall be consecutively numbered.
Resubmittals shall be labeled with the number of the original submittal followed by an ascending
alphabetical designation (e.9. The label '4-C' would indicate the third instance that the fourth
submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively
numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal
on the Contractor's letterhead. The Letter of transmittal shall contain the following:
Project title and Agency contract number.
Number of complete sets.
Contractor's certification statement.
Specification section number(s) pertaining to material submitted for review.
Submittal number (Submittal numbers shall be consecutive including subsequent submittals for
the same materials.) .
Description of the contents of the submittal.
Identification of deviations from the contract documents.
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."
Date:
Company Name:
Add the following:
2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete "as-built"
record set of blue-line prints, which shall be corrected in red daily and show every change from the
original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment,
underground piping, valves, and all other work not visible at surface grade. Prints for this purpose
may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be
used only as a record set and shall be delivered to the Engineer within ten (IO) days of completion
of the work. Payment for performing the work required by section 2-5.4 shall be included in the
various bid items and no additional payment will be made therefor.
2-9 SURVEYING
2-9.1 Permanent Survey Markers, Delete sections 2-9.1 and replace with the following: The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the
@ Revised 04/22/02 Contract No. 3667-6 Page 46 of 83Pages
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.
2-9.2 Survey Service, Delete sections 2-9.2 and replace with the following: The Contractor shall
hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for
establishing control, construction staking, records research and all other surveying work necessary to
construct the work, provide surveying services as required herein and provide surveying, drafting and
other professional services required to satisfy the requirements of the Land Surveyors Act, Surveyor
shall be resident on the site during all surveying operations and shall personally supervise and certify
the surveying work.
Add the following section:
2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform to the
requirements of section 2-5.3.3, “Submittals”, herein. The Contractor shall submit grade sheets to
the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall
submit field notes for all surveying required herein to the Engineer within ten days of performing the
survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound
form on 215mm by 280 mm (81/21’ by 11”) paper. The field notes, calculations and supporting data
shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from
earlier surveys and all other evidence used by the Surveyor to determine the location of the
monuments set. The field notes and calculations will be labled with name of the Surveyor, the party
chief, field crew members and preparer of the field notes or calculations. They shall be annotated
with the date of observation or calculation, be numbered with consecutive page numbers and shall
be readable without resort to any electronic aid, computer program or documentation for any
computer program. The field notes shall be prepared in conformance with the CALTRANS “Surveys
Manual”. The Contractor shall have a Record of Survey prepared by the Surveyor and file it in
conformance with §§ 8700 - 8805 of the State of California Business and Professions Code when the
Surveyor performs any surveying that such map is required under §§ 8762 of the State of California
Business and Professions Code and whenever the Surveyor shall establish, set or construct any
permanent survey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and
nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or
accessory to, property corners and street centerlines are permanent survey monuments. The
Record of Survey shall show all monuments set, control monuments used, the basis of bearings and
all other data needed to determine the procedure of survey and the degree of accuracy attained by
the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not
exceed 1 part in 40,000. The record of survey shall show the location and justification of location of
all permanent monuments set and their relation to the street right-of-way. Record@) 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:
2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no
Revised 04/22/02 Contract No. 3667-6 Page 47 of 83 Pages
greater intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing. 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. Staking and marking shall be completed by the
Surveyor and inspected and approved by the Engineer before the start of construction in the area
marked. Centerline monument shall have the disk stamped with the date the monument was set and
the registration number of the Surveyor. Habitat mitigation sites and other areas to be preserved that
are shown on the plans shall be staked and flagged prior to the start of any other activities within the
limits of the work. When curb and gutter does not exist and is not 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 that are being installed as parts of, or adjunct to, the project either by the Contractor
and/or those noted on the plans as to be installed by others.
TABLE 2-9.2.2(A)
Survey Requirements for Construction Staking
Feature Staked
Street Centerline
Clearing
Slope
Fence
Rough Grade Cut:
or Fills 2 10 m
Final Grade
(includes’top of:
Basement soil, subbaseand base)
Asphalt Paverneni
Finish Course
Drainage Structures, Pipes & similar FacilitiesO, 0
Curb
Traffic Signal 0
Signal Poles &
Controller 0
Junction Box 0
..
Stake
Description a
SDRS M-10 Monument
Lath in soil,
painted line
)n PCC & AC
surfaces
RP + Marker Stake
RP + Marker
Stake
RP + Marker Stake
RP + Marker
Stake, Blue-
top in gradins
area
RP, paint on
previous
course
RP + Marker Stake
RP + Marker Stake
RP + Marker
Stake
RP + Marker
Stake
Centerline or Parallel to Centerline
Spacing@, Q
1300rn (IOOO’), Street Intersections, Begin and end of curves, only when shown on the
lath - Intervisible, I 15m (50’) on tangents
& I 7.5rn (25’) on curves, Painted line -
continuous
Intervisible and 5 15rn (50’)
I 60 m (200’) on tangents, I 15rn (50’) on
zurves when R2 300rn (1 000’) & 7.5m (25’) 01
curves when Rs: 300m (1000’)
I 15rn (50’)
I 15 rn (50’) on tangents & curves when Rr
300rn (1 000’) & I 7.5177 (25’) on curves when
R 5 300rn (1 000’)
I 7.5m (25’) or as per the intersection grid points shown on the plan whichever provides
the denser information
intervisible 8 I 7.5m (25’), beginning and end
BC & EC of facilities, Grade breaks,
Alignment breaks, Junctions, Inlets 8 similar
facilities, Risers & similar facilities (except plumbing), Skewed cut-off lines
I7.5m (25’), BC 8 EC, at %A, %A & ’A on
curb returns 8 at beginning & end
Vertical locations shall be based on the ultimate elevation of curb and sidewalk
at each pole & controller location
at each junction box location
Lateral
Spacing (3, Q
on street
centerline
at clearing line
Grade Breaks
& 57.6 rn (25’1
N/A
( constant
offset)
N/A
16.7 rn (22’)
edge of
pavement, paving pass width, crown line & grade breaks
as appropriate
( constant
offset)
as appropriate
as appropriate
Setting Tolerance
(With in)
7 rnm (0.02’) Horizontal, also see
section 2-9.2.1 herein
0.3 m (1’) Horizontal
30 rnrn (0.1’) Vertical 8
Horizontal
30 mrn (0.1’)
Horizontal
30 rnm (0.1’) Vertical & Horizontal
10 rnrn (’18“) Horizontal 8 7 rnm Vertical
10 rnm (‘/E’’) Horizontal
& 7 rnrn (‘/;I Vertical
10 rnm (’/a”) Horizontal & 7 rnm (l/~) Vertical
10 mm (’/glo Horizontal ti 7 rnm (l/4”) Vertical
10 mrn (‘/E’’) Horizontal & 7 rnm (1/4n) Vertical
10 rnrn (‘/E’’) Horizontal & 7 rnrn (1/411) Vertical
@ Revised 04/22/02 Contract No. 3667-6 Page 48 of 83Pages
Conduit 0
Minor Structure a
Abutment Fill
Wall 0
Major Structure 6
Footings, Bents Abutments & Wingwalls
Superstructure!
Miscellaneous CD
Contour Gradins
0
Utilities 0, 0
Channels, Dikes
& Ditches 0
Signs 0
Subsurface
Drains 0
Overside Drains
0
Markers 0
Railings & Barriers 0
AC Dikes 0
Box Culverts
Pavement
Markers0
RP + Marker Stake - RP + Marker Stake + Line
Stake
RP + Marker
Stake + Line
Stake
RP + Marker
Stake + Line
Doint +Guarc
Stake
RP + Marker
Stake + Line 'oint +Guard Stake
- -
RP
RP + Marker
Stake
RP + Marker Stake
3P + Marker
Stake
3P + Marker
Stake + Line
'oint +Guard
Stake
3P + Marker
Stake
3P + Marker
Stake
3P + Marker
Stake
iP + Marker
Stake
3P + Marker Sfake
RP
I 15 m (50') on tangents & curves when R2
300m (1 000') & I 7.5m (25') on curves wher
R I 300m (1 000') or where grade I 0.30%
for catch basins: at centerline of box, ends o
box & wings & at each end of the local depression CD
I 15 m (50') & along end slopes & conic
transitions
I 15 rn (50') and at beginning 8 end of: each
wall, BC & EC, layout line angle points,
changes in footing dimensions &/or elevatior & wall height
3 m to 10 m (IO' to 33') as required by the
Engineer, BC & EC, transition points 8 at
)eginning 8 end. Elevation points on footing!
at bottom of columns
I m to 10 m (1 0' to 33') sufficient to use strin!
lines, BC & EC, transition points & at
)eginning & end. Elevation points on footing! at bottom of columns
I 15 m (50')
I 15 m (50') on tangents & curves when R1
300m (1 000') & I 7.5m (25') on curves when
R I 300m (1000') or where grade I 0.30%
intervisible & I 30 m (loo'), BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities
At sign location
intervisible & I 15m (50'), BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities
longitudinal location
for asphalt street surfacing I 15 m (50') on
angents & curves when R2 300m (1 000') & 5
'.5m (25') on curves when R I 300m (1000').
At beginning & end and I 15 rn (50') on
angents & curves when R t 300m (1000') & 5
7.5m (25') on curves when R I 300m (1000')
At beginning & end
3 m to 10 m (IO' to 33') as required by the Engineer, BC & EC, transition points & at seginning & end. Elevation points on footings
& at invert io m (200') on tangents, 15m (50') on curves
when R 2 300m (1 000') & 7.5m (25') on
curves when R I 300m (1000') For PCC
as appropriatc
as appropriatt
as appropriatt
as appropriate
as appropriate
as appropriate
along contour line
as appropriate
as appropriate
Line point
3s appropriate
\t beginning 8
end
At marker
location(s)
at railing & barrier location(s)
3s appropriate
3s appropriate
at pavement marker location(s)
10 mm ('/e") Horizontal
& when depth cannot
be measured from existing pnavement 7 mm /A \ Vertical
10 mrn ("/e") Horizontal
& 7 mm ('/4") Vertical
(when vertical data
needed)
30 mm (0.1') Vertical &
Horizontal
7 rnm ('/4'') Horizontal
&7 mm ('/<)vertical
IO mm ('/e") Horizontal 8 7 rnm ('/41t) Vertical
IO mm ('le") Horizontal
& 7 mm ('/4") Vertical
IO mm (0.1') Vertical & Horizontal
IO mm ('/e") Horizontal & 7 mm ('/4") Vertical
30 rnm (0.1')
Horizontal 8 7 mm
('/a9*) Vertical
IO mm (0.1') Vertical &
Horizontal
30 mm (0.1')
Horizontal & 7 rnm
('/4*') Vertical
30 mm (0.1')
Horizontal & 7 mm
( h") Vertical
7 mm ('/<) Horizontal
0 rnm ('/e") Horizontal 8 Vertical
30 mrn (0.1')
Horizontal & Vertical
0 mm ('/a'') Horizontal
& 7 mrn ('/"') Vertical
7 mm ('/<) Horizontal
e Revised 04/22/02 Contract No. 3667-6 Page 49 of 83 Pages
Staking for feature may be omitted when adjacent marker stakes reference the offset and elevation of those features
and the accuracy requirements of the RP meet the requirements for the feature
Reference points shall be sufficiently durable and set securely enough to survive with accuracy intact throughout the
installation 8 inspection of the features or adjacent facilities for which they provide control. RP means reference point for the purposes of this table
Perpendicular to centerline.
Some features are not necessarily parallel to centerline but are referenced thereto Multi-plane surfaced features shall be staked so as to provide line 8 grade information for each plane of the feature
2 means greater than, or equal to, the number following the symbol. I means less than, or equal to, the number fol- lowing the symbol.
0 The cut datum for storm drainage & sanitary sewer pipes 8 similar structures shall be their invert. The cut datum for all
All guard stakes, line stakes and lath shall be flagged. Unless otherwise approved by the Engineer
flagging, paint and marking cards shall be the color specified in TABLE 2-9.2.2(B)
other utilities shall be the top of their pipe or conduit.
TABLE 2-9.2.2(B)
Survey Stake Color Code for Construction Staking
’ Flagging and marking cards, if used.
Add the following section:
2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections
2-9.1 through 2-9.3.2 shall be included in the actual bid items requiring the survey work and no
additional payment will be made. Extension of unit prices for extra work shall include full
compensation for attendant survey work and no additional payment will be made therefor. Payment
for the replacement of disturbed monuments and the filing of records of survey and/or corner
records, including filing fees therefor, shall be incidental to the work necessitating the disturbance of
said monuments and no additional payment will be made therefor.
2-10 AUTHORITY OF BOARD AND ENGINEER.
Add the following section:
2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies
of all records in the Contractor’s or subcontractor’s possession pertaining to the work that the
Engineer may request.
Add the following section:
2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the
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,
@ Revised 04/22/02 Contract No. 3667-6 Page 50 of 83 Pages
but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of
Contractor’s staff and the staff of all subcontractors to this contract. At any time during normal
business hours and as often as the Engineer may deem necessary, upon reasonable advance
notice, Contractor shall make available to the Engineer for examination, all of its, and all
subcontractors to this contract, records with respect to all matters covered by this Contract and will
permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and
records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data
relating to all matters covered by this Contract. However, any such activities shall be carried out in a
manner so as to not unreasonably interfere with Contractor’s ongoing business operations.
Contractor and all subcontractors to this contract shall maintain such data and records for as long as
may be required by applicable laws and regulations.
SECTION 3 -- CHANGES IN WORK
3-2 CHANGES INITIATED BY THE AGENCY.
3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in
quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of contract unit price for such items will be limited to that portion of the change in excess of 25 percent
of the original quantity listed in the Contractor’s bid proposal for this contract. Adjustments in excess
of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work.
3-3 EXTRA WORK.
3-3.2.2 ( c ) Tool and Equipment Rental, Regardless of
ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs
shall be the edition of the, “Labor Surcharge and Equipment Rental Rates” published by CALTRANS,
current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein,
shall be used as multipliers of the rental rates for determining the value of costs for delay to the
Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of
this contract.
second paragraph, modify as follows:
3-3.2.3 Markup,
(a) and shall constitute the markup for all overhead and profits:
1) Labor ................................... 20
2) Materials ............................. 15
3) Equipment Rental ................... 15
4) Other Items and Expenditures .. 15
To the sum of the costs and markups provided for in this section, 1 percent shall be added as
compensation for bonding.
Delete sections 3-3.2.3 (a) and (b) and replace with the following:
Work by Contractor. The following percentages shall be added to the Contractor‘s costs
(b) When all or any part of the extra work is performed by a
Subcontractor, the markup established in section 3-3.2.3(a) shall be applied to the Subcontractor’s
actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of
the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted
portion of the extra work may be added by the Contractor.
Work by Subcontractor.
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.
Revised 04/22/02 Contract No. 3667-6 Page 51 of 83 Pages
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 26
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 12650-1 2655.
“The undersigned certifies that the above statements are made in full cognizance of the California
False Claims Act, Government Code sections 12650-1 2655. The undersigned further understands
and agrees that this potential claim, unless resolved, must be restated as a claim in response to the
City’s proposed final estimate in order for it to be further considered.”
By: Title:
Date:
Company Name:
The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor
shall submit substantiation of its actual costs to the Engineer within 20 working days after the
affected work is completed. Failure to do so shall be sufficient cause for denial of any claim
subsequently filed on the basis of said notice of potential claim.
It is the intention of this section that differences between the parties arising under and by virtue of the
contract be brought to the attention of the Engineer at the earliest possible time in order that such
matters be settled, if possible, or other appropriate action promptly taken.
3-5 DISPUTED W.ORK.
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
Revised 04/22/02 Contract No. 3667-6 Page 52 of 83 Pages
attempt to resolve all disputes informally through the following dispute resolution chain of command:
1. Project Inspector
2. Construction Manager
3. Public Works Manager
4. Public Works Director
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
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
Revised 04/22/02 Contract No. 3667-6 Page 53 of 83Pages
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 agencys 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
construed to change the time periods for filing tort claims or actions specified by Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division
3.6 of Title 1 of the Government Code.
20104.4. The following procedures are established for all civil actions filed to resolve claims subject
to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court
shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties.
The mediation process shall provide for the selection within 15 days by both parties of a disinterested
third person as mediator, shall be commenced within 30 days of the submittal, and shall be
concluded within 15 days from the commencement of the mediation unless a time requirement is
extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to
select a mediator within the 15-day period, any party may petition the court to appoint the mediator.
(b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to
Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure,
notwithstanding Section 11 41.1 1 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing
with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any
proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed
for purposes of this article shall be experienced in construction law, and, upon stipulation of the
parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to
exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except
Revised 04/22/02 Contract No. 3667-6 Page 54 of 83 Pages
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
work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill
this Contract.
4-1.4 Test of Materials,
sentence of the first paragraph.
delete the phrase, “and a reasonable amount of retesting”, from the third
add the following: Except as specified in these Supplemental Provisions, the Agency will bear the
cost of testing of locally produced materials and/or on-site workmanship where the results of such
tests meet or exceed the requirements indicated in the Standard Specifications and the
Supplemental Provisions. The cost of all other tests shall be borne by the Contractor.
At the option of the Engineer, the source of supply of each of the materials shall be approved by the
Engineer before the delivery is started. All materials proposed for use may be inspected or tested at
any time during their preparation and use. If, after incorporating such materials into the Work, it is
found that sources of supply that have been approved do not furnish a uniform product, or if the
product from any source proves unacceptable at any time, the Contractor shall furnish approved
material from other approved sources. If any product proves unacceptable after improper storage,
handling or for any other reason it shall be rejected, not incorporated into the work and shall be
removed from the project site all at the Contractor’s expense.
Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the
requirements of the specifications shall be borne by the Agency. Said tests may be made at any
place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor.
Revised 04/22/02 Contract No. 3667-6 Page 55 of 83Pages
4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the
satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution
is determined to be unsatisfactory in performance, appearance, durability, compatibility with
associated items, availability of repair parts and suitability of application the Contractor shall remove
the substituted item and replace’it with the originally specified item at no cost to the Agency.
Add the following section:
4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE.
The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the
quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate,
remove and dispose excess of all materials used to accomplish the Work. Materials shall be
delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be
accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor
as consignee, the project name and number, address of delivery and name of consignor and a
description of the material(s) shipped. Prior to storage of any materials which have been shipped to
or by the Contractor to any location within the Agency’s boundaries the Contractor shall provide the
Engineer a copy of lease agreements for each property where such materials are stored. The lease
agreement shall clearly state the term of the lease, the description of materials allowed to be stored
and shall provide for the removal of the materials and restoration of the storage site within the time
allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to
the materials stored and to preparation of the storage site and the location of the site on which the
materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor’s
responsibility. Conformance to the requirements of this section, both within and outside the limits of
work are a part of the Work. The Engineer shall have the right to verify the suitability of materials
and their proper storage at any time during the Work.
SECTION 5 -9 UTILITIES
. 5-1 LOCATION.
Delete the first paragraph and substitute the following: The Agency and affected utility companies
have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities
which exist within the limits of the work. However, the accuracy and/or completeness of the nature,
size and/or location of utilities indicated on the Plans is not guaranteed.
5-4 RELOCATION.
Add the following: In conformance with section 5-6 the Contractor shall coordinate the work with
utility agencies and companies. Prior to the installation of any and all utility structures within the limits
of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb
and gutter that is a part of the work and adjacent to the location where such utility structures are
shown on the plans and are noted as being located, relocated or are otherwise shown as installed by
others. In order to’ minimize delays to the Contractor caused by the failure of other parties to relocate
utilities that interfere with the construction, the Contractor, upon the Engineer’s approval, may be
permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is
approved by the Engineer the Contractor shall place survey or other physical control markers
sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company.
Such temporary omission shall be for the Contractor’s convenience and no additional compensation
will be allowed therefor or for additional work, materials or delay associated with the temporary
omission. The portion thus omitted shall be constructed by the Contractor immediately following the
@ Revised 04/22/02 Contract No. 3667-6 Page 56 of 83 Pages
relocation of the utility involved unless otherwise directed by the Engineer.
SECTION 6 -- PROSECUTION, PROGRESS AND
ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.
Delete section 6-1 and'substitute the following: Except as otherwise provided herein and unless
otherwise prohibited by permits from other agencies as may be required by law the Contractor shall
begin work within 15 calendar days after receipt of the "Notice to Proceed".
Add the following section:
6-1 .I Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will
set the time and location for the Preconstruction Meeting. Attendance of the Contractor's
management personnel responsible for the management, administration, and execution of the
project is mandatory for the meeting to be convened. Failure of the Contractor to have the
Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for
default by Contractor per section 6-4. No separate payment will be made for the Contractor's
attendance at the meeting. The notice to proceed will only be issued on or after the completion of
the preconstruction meeting.
Add the following section:
6-1 .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:
6-1.2 Measurement And Payment Of Construction Schedule. The Contractor's
revision and maintenance of the Construction Schedule are incidental to the work and
payment will be made therefor.
preparation,
no separate
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 application of rubberized
asphalt slurry seal to each designated street and restriping.
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.
66.4 Written Notice and Report. Modify as follows: The Contrattor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any
@ Revised 04/22/02 Contract No. 3667-6 Page 57 of 83 Pages
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 40 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:OO a.m. and 4:OO p.m. on Mondays through Fridays,
excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the
Contractor desires to work outside said hours or at any time during weekends andlor holidays. This
written permission must be obtained at least 48 hours prior to such work The Engineer may approve
work outside the hours and/or days stated herein when, in hidher 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.
The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the
Construction Schedule required by section 6.1. No additional payment, adjustment of bid prices or
adjustment of contract time of completion will be allowed as a consequence of the prohibition of
work being performed within the dates, areas and/or types of work prohibited in this section.
Contractor is hereby advised that the Engineer will require after hours and weekend work on an
interim basis to accomplish the slurry sealing of Calle Acervo, from Circulo Adorno to Camino Lindo,
and Calle Barcelona from Calle Jalisco to Calle Acervo adjacent to La Costa Canyon High School
while school is in session.
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.
@ Revised 04/22/02 Contract No. 3667-6 Page 58 of 83Pages
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 500.00 Dollars.
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 Best's Key Rating
Guide of at least A-:V and are admitted and authorized to conduct business in the state of California
and are listed in the official publication of the Department of Insurance of the State of California.
7-4 WORKERS' COMPENSATION INSURANCE.
Add the following: All insurance is to be placed with insurers that are admitted and authorized to
conduct business in the state of California and are listed in the official publication of the Department
of Insurance of the State of California. Policies issued by the State Compensation Fund meet the
requirement for workers' compensation insurance.
7-5 PERMITS.
Delete the first sentence and add the following. four sentences: Except as specified herein the
agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, resource
agency and building permits necessary to perform work for this contract on Agency property, in
streets, highways (except State highway right-of-way), railways or other rights-of-way. Contractor
shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain
and pay for all permits for the disposal of all materials removed from the project. The cost of said
permit(s) shall be included in the price bid for the appropriate bid item and no additional
compensation will be allowed therefor. .
7-7 COOPERATION AND COLLATERAL WORK.
Add the following section:
7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies
during the relocation or.construction of their lines. The Contractor may be granted a time extension
if, in the opinion of the Engineer, a delay is caused by the utility company. No additional
compensation will be made to the Contractor for any such delay.
7-8 PROJECT SITE MAINTENANCE.
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
'3 Revised 04/22/02 Contract No. 3667-6 Page 59 of 83Pages
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 hidher sole discretion, are necessary to preserve the health, safety
and welfare of the public. Cleanup and dust control shall be considered incidental to the items of
work that they are associated with and no additional payment will be made therefor.
7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a
construction meter for water used for the construction, plant establishment, maintenance, cleanup,
testing and all other work requiring water related to this contract. The Contractor shall contact the
appropriate water agency for requirements. The Contractor shall pay all costs of temporary light,
power and water including hookup, service, meter and any, and all, other charges, deposits and/or
fees therefor. Said costs shall be considered incidental to the items of work that they are associated
with and no additional payment will be made therefor.
7-8.6 Water Pollution Control. The Contractor shall comply with all
requirements of the NPDES General Permit number CAS000002 and the “Water Discharge
Requirement for Discharges of Storm Water Runoff Associated with Construction Activity”
..Add the following
Add the following section: .
7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped
with mufflers in good repair when in use on the project with special attention to the City Noise Control
Ordinance, Carlsbad Municipal Code Chapter 8.48.
7-10 PUBLIC CONVENIENCE AND SAFETY.
7-10.1 Traffic and Access. add the following: The Contractor shall schedule the work so as to
prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not
schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by
calling the City’s contracted waste disposal company, Coast Waste Management at 929-941 7.
During sealing operations, the Contractors schedule for slurry sealing application shall be designated
to provide residents and business owners whose streets are to be overlaid sufficient paved parking
within an 800 foot distance from their homes or businesses.
Seventy two hours prior to the start of any construction in the public right-of-way that affects vehicular
traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the
impending disruption. For a full street closure, all residences and/or businesses on the affected
street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the
residences and/or businesses directly affected by the work shall be notified.
The notification shall be hand delivered and shall state the date and time the work will begin and its
anticipated duration. The notification shall list two telephone numbers that may be called to obtain
additional information. One number shall be the Contractor’s permanent office or field office and the
other number shall be a 24 hour number answered by someone who is knowledgeable about the
project. At least one of the phone numbers shall be in the (760) area code. An answering machine
shall not be connected to either number. The notification shall also give a brief description of the
work and simple instructions to the home or business owner on what they need to do to facilitate the
construction. The Contractor shall submit the contents of the notification to the Engineer for
approval. Notices shall not be distributed until approved by the Engineer.
For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a
doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-112 inches and shall be
brightly colored with contrasting printing. The material shall be equivalent in strength and durability to
a Revised 04/22/02 Contract No. 3667-6 Page 60 of 83 Pages
65 Ib. card stock. The printing on the notice shall be no smaller than 12 point. An example of such
notice is provided in Appendix “A.
In addition to the notifications, the contractor shall post no parking signs 48 hours in advance of the
work being performed. The no parking signs shall state the date and time of parking restriction for a
duration not to exceed the time necessary to complete the work at that location. Failure of the
contractor to meet the posted date requires re-posting the no parking signs 48 hours in advance of
the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed
and re-posted 48 hours in advance of the rescheduled work.
The preparation, materials, printing and distribution of the notifications shall be included in the
contract price bid for traffic control and the Contractor will not be entitled to any additional
compensation for printing and distributing these notices.
7-1 0.3 Street Closures, Detours, Barricades. Modify the second paragraph as follows: After
obtaining the Engineers approval and at least 5 working days before closing, detouring, partially
closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the
following :
1) The Engineer ...................................................................................... (760) 438-1161 X-4411
2) Carlsbad Fire Department Dispatch .................................................. (760) 931-21 97
3) Carlsbad Police Department Dispatch ............................................... (760) 931-21 97
4) Carlsbad Traffic Signals Maintenance ............................................... (760) 438-2980 X-2937
5) Carlsbad Traffic Signals Operations .................................................. (760) 438-1 161 X4500
6) North County Transit District .............................................................. (760) 743-9346
7) Coast Waste Management ................................................................ (760) 929-9400
The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer’s
written approval prior to deviating from the requirements of 2) through, and including, 7) above. The
Contractor shall obtain the written approval no less than five working days prior to placing any traffic
control that affects bus stops.
7-10.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in
accordance with the plans, Chapter 5 of the California Department of Transportation “Manual of
Traffic Controls,” 1996 edition and these Supplemental Provisions. If any component in the traffic
control system is damaged, displaced, or ceases to operate or function as specified, from any cause,
during the progress of the work, the Contractor shall immediately repair said component to its original
condition or replace said component and shall restore the component to its original location. In the
event that the Contractor fails to install andlor maintain barricades or such other traffic signs,
markings, delineation or devices as may be required herein, the Engineer may, at hislher sole option,
install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars
($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility,
whichever is the greater.
Add the following section:
7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control
devices shall be maintained throughout the duration of work in good order and according to the
approved traffic control plan. All construction area signs shall conform to the provisions of section
206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of section
214-5.1 .et seq. All temporary reflective channelizers shall conform to the provisions of section 214-
5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform
to the provisions of section 210-1.6 et seq. except that all temporary paint shall be rapid dry water
borne conforming to section 210-1.6for materials and section 310-5 et seq. For workmanship.
Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction
Revised 04/22/02 Contract No. 3667-6 Page 61 of 83Pages
and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory
signs, lights and devices shall be promptly removed by the Contractor when no longer required.
Warning and advisory signs that remain in place overnight shall be stationary mounted signs.
Stationary signs that warn of non-existent conditions shall be removed from the traveled way and
from the view of motorists in the traveled way or shielded from the view of the travelling public during
such periods that their message does not pertain to existing conditions. Care shall be used in
performing excavation for signs in order to protect underground facilities. All excavation required to
install stationary construction area signs shall be performed by. hand methods without the use of
power equipment. Warning and advisory signs that are used only during working hours may be
portable signs. Portable signs shall be removed from the traveled way and shielded from the view of
the travelling public during non-working hours. During the hours of darkness, as defined in Division
1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of
the Contractor, shall be in conformance with the provisions in section 206-7.2 et seq. If illuminated
traffic cones rather than post-type delineators are used during the hours of darkness, they shall be
affixed or covered with reflective cone sleeves as specified in CALTRANS “Standard Specifications”,
except the sleeves shall be 180 mm (7”) long. Personal vehicles of the Contractor‘s employees shall
not be parked within the traveled way, including any section closed to public traffic. Whenever the
Contractor’s vehicles or equipment are parked on the shoulder within 1.8 m (6’) of a traffic lane, the
shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper
in advance of the parked vehicles or equipment and along the edge of the pavement at not less than
7.6 m (25’) intervals to a point not less than 7.6 m (25’) past the last vehicle or piece of equipment. A
minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work
Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a sign post or
telescoping flag tree with flags. The sign post or flag tree shall be placed where directed by the
Engineer.
Add the following section:
7-1 0.3.2 Maintaining Traffic. The Contractor’s personnel shall not work closer than (insert
minimum acceptable lateral safety buffer distance, eg. 1.8 m (6’)), nor operate equipment within 0.6
m (2’) from any traffic lane occupied by traffic. For equipment the than (insert minimum acceptable
shy distance, eg. 0.6 m (2’)) shall be measured from the closest approach of any part of the
equipment as it is operated and/or maneuvered in performing the work. This requirement may be
waived when the Engineer has given written authorization to the reduction in clearance that is
specific to the time, duration and location of such waiver, when such reduction is shown on the traffic
control plans included in these contract documents, when such reduction is shown on the traffic
control plans prepared by the Contractor and approved by the Engineer or for the work of installing,
maintaining and removing traffic control devices. As a condition of such waiver the Engineer may
require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close
the adjacent traffic lane or provide barriers.
During the entire construction, the contractor shall maintain at least one paved, 12 foot wide, lane
open, through use of a flagger or other method approved the 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 Supplemental Provisions. The provisions in this section will not relieve the Contractor from its
responsibility to provide such additional devices or take such measures as may be necessary to
maintain public safety.
When lanes are closed for only the duration of work periods, all *components of the traffic control
system, except portable delineators placed along open trenches or excavation adjacent to the
Revised 04/22/02 Contract No. 3667-6 Page 62 of 83 Pages
traveled way, shall be removed from the traveled way and shoulder at the end work period. If the
Contractor so elects, said components may be stored at selected central locations, approved by the
Engineer, within the limits of the right-of-way.
Add the following section:
7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe
operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System
for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan
proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic
striping operations using an alternative plan until the Contractor has submitted its plan to the
Engineer and has received the Engineer's written approval of said plan.
Add the following section:
7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished,
placed, maintained and removed in accordance with the minimum standards specified in Chapter 5
of the "Traffic Manual", 1.996 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.
@ Revised 04/22/02 Contract No. 3667-6 Page 63 of 83Pages
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. Design of TCP 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, andlor new designs to the TCP
prepared by the registered professional engineer retained by the Contractor will be beneficial to the
best interests of the Agency. Such modification, addition, supplement, and/or new design shall not be
implemented and no work shall be commenced that is contingent on such approval until the changed
TCP are approved by the Engineer. The preparation of such modification, addition, supplement,
and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any
fashion. Submittal and review requirements for such modifications, supplements, and/or new .
designs to TCP shall conform to the requirements of section 2-5.3 Shop Drawings and Submittals.
Add the following section:
7-10.3.7 Payment. The Contractor shall provide traffic control at the contract lump sum price bid.
The contract lump sum price paid for "traffic control" shall include full compensation for furnishing all
labor (including flagging costs), materials (including signs), tools, equipment and incidentals, and for
doing all the work involved in preparation, reproduction and changing of traffic control plans, placing,
applying traffic stripes and pavement markers with bituminous adhesive, removing, storing,
maintaining, moving to new locations, replacing, and disposing of the components of the traffic
control system as shown on the plans and approved additions and modifications, as specified in
these supplemental provisions, and as directed by the Engineer. All expenses and time to prepare and review modifications, additions, supplements and/or new TCP designs shall be included in the
lump sum bid for traffic control and no additional payment will be made therefor. Flagging costs will
be paid for as a part of the Lump Sum Amount for "Traffic Control." The cost of labor and material for
portable concrete barriers will be paid for at the unit price bid. When there is no bid item the cost of
labor and material for portable concrete barriers they will be paid as an incidental to the work being
performed and no additional payment will be made therefor. Progress payments for "Traffic Control"
will be based on the percentage of the improvement work completed.
Add the following section:
7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take ail necessary
precautions for the safety of employees on the work and shall comply with all applicable provisions of
Revised 04/22/02 Contract No. 3667-6 Page 64 of 83Pages
Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons
on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect
and properly maintain at all times, as required by the conditions and progress of the work, all
necessary safeguards for the protection of workers and public, and shall use danger signs warning
against hazards created by such features of construction as protruding nails, hoists, well holes, and
falling materials.
7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work
include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible
materials, such as borrow pits or gravel beds, for use in the proposed construction project which
would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions
established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of
the contract.
SECTION 9 -- MEASUREMENT and PAYMENT
9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK
9-1.4 Units of Measurement, modify as follows:
the U.S. Standard Measures.
The system of measure for this contract shall be
9-3 PAYMENT.
9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall
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 (IO) days of receipt of the progress estimate, submit a supplemental
payment request to the Engineer with adequate justification supporting the amount of supplemental
payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon
as practicable after receipt, determine whether the supplemental payment request is a proper
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 685.01 0 of the Code of Civil Procedure.
Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment
Estimate and process a corresponding payment. This estimate will be in writing and shall be for the
total amount owed the Contractor as determined by the Engineer and shall be itemized by the a Revised 04/22/02 Contract No. 3667-6 Page 65 of 83 Pages
contract bid item and change order item with quantities and payment amounts and shall show all
deductions made or to be made for prior payments and amounts to be deducted under provisions of
the contract. All prior estimates and progress payments shall be subject to correction in the Final
Payment Estimate.
The Contractor shall have 30 Calendar days from receipt of the Final Payment Estimate to make
written statement disputing any bid item or change order item quantity or payment amount. The
Contractor shall provide all documentation at the time of submitting the statement supporting its
position. Should the Contractor fail to submit the statement and supporting documentation within the
time specified, the Contractor acknowledges that full and final payment has been made for all
contract bid items and change order items.
If the Contractor submits a written statement with documentation in the aforementioned time, the
Engineer will review the disputed item within 30 calendar days and make any appropriate
adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the
Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work.
The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to
ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the
Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time
such further information and details as may be required by the Engineer to determine the facts or
contentions involved in its claims. Failure to submit such information and details will be sufficient
cause for denying payment for the disputed items.
9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in
the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted
in a written statement by the Contractor no later than the date of receipt of the final payment
estimate. Those final payment items disputed in the written statement required in subsection 9-3.2
shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be
considered that was not included in this written statement, nor will any claim be allowed for which.
written notice or protest is required under any provision of this contract including sections 3-4
Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written
Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with
notice or protest requirements.
The claims filed by the Contractor shall be in sufficient 'detail to enable the Engineer to ascertain the
basis and amount of said claims. The Engineer will consider and determine the Contractor's claims
and it will be the responsibility of the Contractor to furnish within a reasonable time such further
information and details as may be required by the Engineer to determine the facts or contentions
involved in its claims. Failure to submit such information and details will be sufficient cause for
denying the claims.
Payment for claims shall be processed within 30 calendar days of their resolution for those claims
approved by the Engineer. The Contractor shall proceed with informal dispute resolution under
subsection 3-5, Disputed Work, for those claims remaining in dispute.
Add the following section:
9-3.3.1 Delivered Materials.
into the will not be included in the progress estimate.
The cost of materials and equipment delivered but not incorporated
@ Revised 04/22/02 Contract No. 3667-6 Page 66 of 83 Pages
Add the following section:
9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will
be made at the lump-sum price bid therefore, and includes full compensation for furnishing all
insurance, bonds, licenses, labor, materials, utilities, tools, equipment and incidentals, and for doing
all the work involved in mobilization and preparatory work and operations, including, but not limited
to, those necessary for the movement of personnel, equipment, supplies, and incidental to preparing
to conduct work on and off the project site and other offsite facilities necessary for work on the
project; for all other facilities, sureties, work and operations which must be performed or costs
incurred prior to beginning work on various contract items on or off the project site, excepting those
specifically paid for under separate sections of these specifications. The Contractor hereby agrees
that the lump sum amount is sufficient for Mobilization and Preparatory Work, as described in this
section, and that the Contractor shall have no right to additional cornpensation for Mobilization and
Preparatory Work.
Progress payments for Mobilization and Preparatory Work will be made as follows:
For the first progress payment (after the issuance of the Notice to Proceed), forty percent (40%) of the amount bid for Mobilization And Preparatory Work will be allowed. For the second progress
payment, an additional sixty percent (60%) of the amount bid for mobilization and preparatory work
will be allowed therefor.
8 Revised 04/22/02 Contract No. 3667-6 Page 67 of 83 Pages
SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 2, CONSTRUCTION MATERIALS
Type of Construction
All Concrete Used Within the Right-of-way
Trench Backfill Sluny
Street Light Foundations and Survey Monuments
Traffic Signal Foundations
Concreted-Rock Erosion Protection
SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS
Concrete Maximum
Class Slump mm (Inches)
330-C-23 (2)
(560-(2-3250) ('I
(1 90-E-400)
(560-C-3250)
(590-C-3750)
1 15-E-3 200 (8")
330-C-23 100 (4")
350-(2-27 100 (4")
310-C-17 per Table 300-1 1.3.1
201-1 PORTLAND CEMENT CONCRETE
TABLE 201-1.1.2(A) Modify as follows:
I (520-C-25OOP) I
(1) Except that concrete required to be of higher strength by Table 201-1.1.2(A) SSPWC shall
be as per Table 201-1.1.2(A) SSPWC.
(2) As per Table 201-1.1.2(A) SSPWC.
(3) Portions of Table 201-1.1.2(A) of the Standard Specifications for Public Works Construction
not shown herein as changed are not affected by this table.
201-1.2.4 Chemical Admixtures. (e) Airentraining Admixtures. Substitute the following: The
air content shall not deviate from the percentage specified or permitted by more than 1-1/2
percentage points. The air content of freshly mixed concrete will be determined by California Test
Method No. 504.
SECTION 203 - BITUMINOUS MATERIALS ..
Add the following section:
203-1 1 ASPHALT PAVEMENT CRACK SEALANTS
203-1 1.2 Asphaltic Emulsion Sealant. Asphaltic emulsion sealant shall conform to the State of
California Specification 8040-41A-15 and shall be used only for filling slots in asphalt concrete
pavement. This material shall not be used in slots which exceed 16 mm (5/8") in width or where
the slope causes the material to run from the slot. The material shall not be thinned in excess of
the manufacturer's recommendations and shall not be placed when the air temperature is less
than 7°C (45°F). ..
203-1 1.3 Hot-Melt Rubberized Asphalt Sealant. Hot-melt rubberized asphalt shall be in solid
form at room temperature and fluid at an application temperature of 190°C (375°F) to 205°C
Revised 04/22/02 Contract No. 3667-6 Page 68 of 83 Pages
Property Measuring Standard (ASTM
Designation)
ASTM D 3407, Sec. 5
ASTM D 3407, Sec. 6
,ASTM D 3407, Sec. 8
Cone Penetration
Flow, 60°C
Resilience
Softening Point, ASTM D 36
Ductility, ASTM D 11 3
Flash Point, COC, “C ASTM D 92
Viscosity, Brookfield ASTM D 4402
Thermosel,
SECTION 206 - MISCELLANEOUS METAL ITEMS
Res u Its Conditions
25°C 150 g, 5 s 3.5 mm, max.
5 mm, max.
25%, min. 25°C
82 “C, min.
300 mm, min.
288 “C, min.
2.5-3.5 Pa-s No. 27 Spindle, 20
25”C, 50 mm/min
rpm, 19O”C,
Add the following section:
206-7 TRAFFIC SIGNS.
Add the following section:
206-7.2 Temporary Traffic Signs.
direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic during the
Contractor’s performance of the Work. Temporary traffic signs include both stationary and portable
signs.
Temporary traffic signs shall consist of all signs used for the
Add the following section:
206-7.2.1 General. Materials, legend, proportion, size, and fabrication of all temporary traffic signs
used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic
shall conform to ‘the requirements of “Specifications For Reflective Sheeting Signs, October 1993”,
Sheets 1 through 5 that accompany “Specifications For Reflective Sheeting Signs, October 1993” of
dimensions and details, dated April 1987, and “OPAQUE COLOR CHART”, dated February 1980, all
published by the State of California, Department of Transportation, Division of Procurement Services,
Office of Material Operations, 1900 Royal Oaks Drive, Sacramento, CA 95819 and as modified
herein. Where The “Specification For Reflective Sheeting Signs, October 1993” require the
Contractor or supplier to notify the Department of Transportation or to certify compliance to said
“Specifications For Reflective Sheeting Signs, October 1993”, to provide a quality control program or
to allow testing, approval, observation of manufacturing or assembly operations by the State of
California, Department of Transportation and/or its employees or officials, such rights shall be vested
in the Engineer.
Add the following section:
206-7.2.2 Drawings. Modify the “Specifications For Reflective Sheeting Signs, October 1993” as
follows: Standard temporary traffic signs shall be as per the most recently approved “Approved
Sign Specification Sheets” of the State of California, Department of Transportation. The date of
approval shall be the date most closely preceding the date of manufacture of the sign(s) or the date
of the “Notice to Proceed” of this contract, whichever is most recent.
Add the following section:
Revised 04/22/02 Contract No. 3667-6 Page 69 of 83 Pages
206-7.2.3 Reflective Sheeting. Modify the “Specifications For Reflective Sheeting Signs, October
1993” as follows: All advisory signs, warning signs and all regulatory signs shall be fabricated with
Type Ill encapsulated lens sheeting conforming to the requirements of this specification.
Add the following section:
206-7.2.4 Substrate. Modify the “Specifications For Reflective Sheeting Signs, October 1993” as
follows: Excepting only construction warning signs used at a single location during daylight hours
for not more than five (5) consecutive days, all signs used for the direction, warning, and regulation of
vehicle (including bicycle) and pedestrian traffic shall be stationary mounted and shall use aluminum
substrate.
Add the following section:
206-7.2.5 Stationary Mounted Temporary Traffic Signs. Stationary mounted temporary traffic
signs shall be installed on 1 0-gage and 12-gage cold-rolled steel perforated tubing posts in the same
manner shown on the State of California, Department of Transportation “Standard Plans” 1995
edition standard plans numbers RS1, RS2, RS3 and RS4 for installation of roadside signs, except as
Wood posts shall not be used.
Back braces and blocks for sign panels will not be required.
The height to the bottom of the sign panel’above the edge of traveled way shall be at least
2.1 m (7’).
Unless othetwise shown on the plans traffic sign posts shall conform in materials and
installation to SDRS drawing M-45 and shall have one post provided for each 0.48 m2 (5
ft2)of sign area, or the signs may be installed on existing lighting standards when approved
by the Engineer.
Sign panels mounted on temporary traffic sign posts shall conform to the requirements
specified for aluminum signs in the “Specifications For Reflective Sheeting Signs, October
1993”.
Add the following section:
206-7.2.6 Temporary Traffic Sign Posts., Posts shall be IO-gage or 12-gage cold-rolled steel
perforated tubing used for the support and stabilization of stationary mounted temporary signs. Post
size and number of posts shall be as shown on the plans, except that when stationary mounted signs
are installed and the type of sign installation is not shown on the plans, post size and the number of
posts will be determined by the Engineer. Sign panels for stationary mounted signs shall consist of
reflective sheeting applied to a sign substrate.
Add the following section:
206-7.2.7 Portable Temporary Traffic Signs. Each portable temporary traffic sign shall consist of
a base, standard or framework and a sign panel. The units shall be capable of being delivered to the
site of use and placed in immediate operation. Sign panels for portable signs shall conform to the
requirements of sign panels for stationary mounted signs in the “Specifications For Reflective
Sheeting Signs, October 1993, or shall be cotton drill fabric, flexible industrial nylon fabric, or other
approved fabric. Fabric signs shall not be used during the hours of darkness. Size, color, and leg-
end requirements for portable signs shall be as described for stationary mounted sign panels in
section 206-7.2 of these Supplemental Provisions. The height to the bottom of the sign panel above
the edge of traveled way shall be at least 0.3-m (12). All parts of the sign standard or framework
shall be finished with 2 applications of an orange enamel which will match the color of the sign panel
background. Testing of paint will not be required.
SECTION 210 - PAINT AND PROTECTIVE COATINGS
a Revised 04/22/02 Contract No. 3667-6 Page 70 of 83Pages
210-1 PAINT.
210-1.6 Paint for Traffic Striping, Pavement Marking, and Curb Marking. Modify as follows:
Paint for traffic lane lines, turn pocket lines, edge lines, channelizing lines, bike lane lines, chevrons,
and curbs shall be rapid dry water borne conforming to CALTRANS Specification No. PTWB-01.
Paint for pavement legends, pavement symbols, pavement arrows, cross walks, parking stall
markings and stop bars shall be alkyd thermoplastic conforming to CALTRANS Specification No.
8010-19A. Glass beads shall be applied to the surface of the rapid dry water borne paint and the
molten thermoplastic material and shall conform to the requirements of CALTRANS Specification No.
801 0-004 (Type 11). CALTRANS Specifications for water borne paint, thermoplastic material and
glass beads may be obtained from the CALTRANS Transportation Laboratory, P.O. Box 19128,
Sacramento, CA 9581 9, telephone number (916) 227-7000.
Add the following section.
21 0-1.8 Preformed Thermoplastic Pavement Markings. Preformed Thermoplastic Pavement
Markings shall be Premark brand manufactured by Flint Trading Company 115 Todd Court,
Thomasville, NC 27360, Premark 20/20 Flex brand manufactured by Flint Trading Company 11 5
Todd Court, Thomasville, NC 27360, Pavemark brand manufactured by Stimsonite Corporation,
6565 West Howard Street, Niles, IL 60714 or approved equal.
210-3 GALVANIZING .
Add the following section:
210-3.6 Galvanizing for Traffic Signal Facilities. The requirements of this section shall pertain
only to the preparation and galvanizing of traffic signal facilities. Galvanizing of products fabricated
from rolled, pressed and forged steel shapes, plates, bars and strip 3.2 mm (I/() thick or thicker,
shall conform to the specifications of ASTM Designation: A 123, except that complete seal welding
of tightly contacting surfaces of these products prior to galvanizing is required only where seal
welding is shown on the plans or specified in these special provisions. Except for pre-galvanized
standard pipe, galvanizing of material 3.2 mm (I/() thick or thicker shall be performed after .
fabrication into the largest practical sections.
At the option of the Contractor, material thinner than 3.2 mm (I/() shall be galvanized either before
fabrication in conformance with the requirements of ASTM Designation: A 525M, Coating
Designation 2600, or after fabrication in conformance with the requirements of ASTM Designation:
A 123, except that the weight of zinc coating shall average not less than 365 g per square meter (1.2
oz. per ft?) of actual surface area with no individual specimen having a coating weight of less than
305 g per square meter (1 .O oz. per e).
Galvanizing of standard pipe shall conform to the requirements of ASTM Designation:
Galvanizing will not be required for stainless steel, monel metal and similar corrosion resistant parts.
A 53.
Fabrication shall include all operations such as shearing, cutting, punching, forming, drilling, milling,
bending, welding and riveting. All welded areas shall be thoroughly cleaned prior to galvanizing to
remove all slag or other material that would interfere with the adherence of the zinc. When it is
necessary to straighten any sections after galvanizing, the work shall be performed without damage
to the zinc coating.
Galvanizing of iron and steel hardware and nuts and bolts, when specified or shown on the plans,
shall conform to the specifications of ASTM Designation: A 153, except whenever threaded studs,
bolts, nuts, and washers are specified to conform to ASTM Designation: A 307, A 325, A 325M,
A 449, A 563, A 563M, or F 436 and zinc coating is required, they shall be hot-dip zinc coated or
mechanically zinc coated in accordance with the requirements of the ASTM Designations. Unless
.
@ Revised 04/22/02 Contract No. 3667-6 Page 71 of 83Pages
otherwise specified, galvanizing shall be performed after fabrication. Components of bolted
assemblies shall be galvanized separately before assembly. Tapping of nuts or other internally
threaded parts to be used with zinc coated bolts, anchor bars or studs shall be done after galvanizing
and shall conform to the requirements for thread dimensions and overtapping allowances in ASTM
Designation: A 563 or A563M. When specified, painting of zinc coated surfaces shall be in
accordance with the procedures in Section 210-1 , “Paint.” Galvanized surfaces that are abraded or
damaged at any time after the application of the zinc coating shall be repaired by thoroughly wire
brushing the damaged areas and removing all loose and cracked coating, after which the cleaned
areas shall be painted with 2 applications of unthinned zinc-rich primer (organic vehicle type)
conforming to the provisions in Section 21 0-3.5, “Repair of Damaged Zinc Coating.” Aerosol cans
shall not be used.
Revised 04/22/02 Contract No. 3667-6 Page 72 of 83 Pages
SECTION 212 - LANDSCAPE AND IRRIGATION MATERIALS
Type
Stimsonite Chip
SealITemporary Overlay
212-1 LANDSCAPE MATERIALS.
Manufacturer of Distributor
John C. Henberger Co., Traffic Safety and Control,
San Diego, California,
Add the following section:
212-1.2.6 Herbicides and Pesticides. Shall be used in their appropriate applications with strict
adherence to manufacturer's specifications and instructions. Postemergent herbicide for all areas
shall be Glyphosate, N-(phosphonomethyl) glycine, in the form of its isopropylamine salt such as
Roundup Pro, Diquat, Montar, or approved equal. Preemergent herbicide for shrubs and
groundcover areas planted from flats shall be Treflan, Surflan, Eptan, or approved equal. - ..
Marker (Models 300 and 301)
TFPM
SECTION 214 PAVEMENT MARKERS
Telephone (619) 292-5772
DAPCO Davidson Plastics Company, 18726 East Valley Highway,
214-5 REFLECTIVE PAVEMENT MARKERS
Type
Safe-Hit SH236MA
Carsonite "Super Duck SDF-436
Add the following section:
214-5.1 Temporary Reflective Pavement Markers. Temporary pavement markers shown on the
plans and required in the specifications shall be one of the types shown in Table 214-5.1 (A), or equal
thereto.
Manufacturer of Distributor
Safe-Hit Corporation
1930 West Winton Avenue, Building #I 1
Hayward, CA 94545
Telephone (41 5) 783-6550
Carsonite International Corporation .
2900 Lockheedway
Carson City, NV 89701
Kent, Washington 98032,
Telephone (206) 251-8140.
Add the following section:
214-5.2 Permanent Reflective Channelirer. Reflective Channelizer shall be new surface-mounted
type and shall be furnished, placed, and maintained at the locations shown on the plans. Reflective
channelizer posts shall be orange in color. Reflective channelizers shall have affixed white reflective
sheeting as specified in the special provisions. The reflective sheeting shall be 75 mm x 300 mm in
size. The reflective sheeting shall be visible at 300 m at night under illumination of legal high beam
headlights, by persons with vision of or corrected to 20120. Reflective channelizer shall be one of the
types shown in Table 214-5.2(A), or equal thereto.
Q Revised 04/22/02 Contract No. 3667-6 Page 73 of 83 Pages
Rep0 “The Replaceable Post”
The Contractor shall provide the Engineer with a Certificate of Compliance in accordance with the
provisions of Section 2-5.3.3 “Submittals”. Said certificate shall certify that the permanent reflective
channelizes comply with the plans and specifications and conform to the prequalified design and
material requirements approved by the engineer and were manufactured in accordance with the
approved quality control program.
Telephone (702) 883-51 04
Western Highway Products
P.O. Box 7
Stanton, CA 90680
Telephone (800) 4224420
Revised 04/22/02 Contract No. 3667-6 Page 74 of 83 Pages
SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 3, CONSTRUCTION METHODS
SECTION 302 - ROADWAY SURFACING
3024 EMULSION-AGGREGATE SLURRY
3024.4 Add the following: The Contractor shall
schedule the work so as to prevent damage by all traffic, including but not limited to, mail delivery.
The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling
schedule can be obtained by calling Coast Waste Management at (760) 929-9417. At least two
weeks prior to work, Contractor shall send, by first class mail, notification letters to all property
addresses on which sealing shall occur. Obtaining the appropriate addresses shall be the
contractor’s responsibility. Letters shall be as shown in bold type as follows, with the appropriate
information specific to the work inserted at the locations indicated in the brackets and italicized.
Public Convenience and Traffic Control.
‘
(Name of Contractor)
(Address of Contractor)
(Contractor’s License Number)
(Date)
As a part of the City of Carlsbad’s ongoing program to maintain its streets,
your street will be sealed with a mixture of asphalt and sand, beginning in
two or three weeks. This process requires that your street be closed for
one day starting at 7:OO a.m. and continuing until the Contractor removes
the traffic control devices. You will be notified 72 hours in advance of the
day your street will be closed by a brightly colored 3 l/2” x 8 l/2’, card
attached to your doorknob. You will also notice temporary no parking
signs on your street with a specific no parking date written on it.
A successful street maintenance program depends on your cooperation.
Please do not drive, walk, play, skate or allow pets on the sealed street
until it has dried. Furthermore, please do not wash your car or turn on any
sprinklers while you are waiting for the seal to dry. If you don’t plan to
leave your home before 7:OO a.m. on the day your street will be sealed,
and you need to use your vehicle later in the day, please park your car on
an adjacent street in your neighborhood that is not signed as a no parking
a Revised 04/22/02 Contract No. 3667-6 Page 75 of 83 Pages
zone, When walking to and from your car, remember not to walk on the
newly sealed street or you will have black residue on the bottom of your
shoes. The residue will damage some surfaces, will mark all surfaces
that you track it on and will be very difficult to remove.
(Name of Contractor) is the Contractor that will be performing the
resurfacing work for the City and you may call them at (24 hour per day
attended telephone number in the 760 area code) for any questions you
may have about the project. Sealing of your street will not occur on the
day your trash is collected. On the day the your street is sealed mail
delivery may be delayed until the next day. You will not know the exact
date your street will be closed until you receive the 3 ’!P x 8 ’/2” card. If
you have a moving company scheduled to come to your house within the
next two weeks, please call and inform the Contractor of the date. If you
have any concerns which are not addressed by the Contractor, please call
the City’s Engineering Inspection Department at 438-1 161 extension
4323. They will assist you in resolving the concerns.
The City of Carlsbad has some of the finest streets in the county due to
the concern and cooperation of citizens like you. Your cooperation is
greatly appreciated.”
During sealing operations, the Contractors schedule for slurry seal application shall be designed to .
provide residents and business owners whose streets are to be sealed sufficient paved parking
within an 800 foot distance from their homes or businesses.
Seventy two hours prior to the start of any construction in the public right-of-way that affects vehicular
traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the
impending disruption. For a full street closure, all residences and/or businesses on the affected
street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the
residences and/or businesses directly affected by the work shall be notified.
The Contractor shall deliver the notification which shall state the date and time the work will begin
and its anticipated duration. The notification shall list two telephone numbers that may be called to
obtain additional information. One number shall be the Contractor’s permanent office or field office
and the other number shall be a 24 hour number answered by a representative of the Contractor who
is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area
code. An answering machine shall not be connected to either number. The notification shall also
give a brief description of the work and simple instructions to the home or business owner on what
they need to do to facilitate the construction. The Contractor shall submit the contents of the
notification to the Engineer for approval. Notices shall not be distributed until approved by the
Engineer.
For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a
doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be
brightly colored with contrasting printing. The material shall be equivalent in strength and durability to
@ Revised 04/22/02 Contract No. 3667-6 Page 76 of 83 Pages
65 Ib. card stock. The printing on the notice shall be no smaller than 12 point. The precut notices
shall be as shown in Appendix "A, with the day of the week circled and appropriate information
specific to the work inserted at the locations indicated in the italicized font.
The preparation, materials, printing and distribution of the notifications shall be included in the
contract price bid for traffic control and the Contractor will not be entitled to any additional
compensation for printing and distributing these notices.
add the following section:
302-1 1 ASPHALT CONCRETE PAVEMENT CRACK FILLING AND SEALING
302-1 1.1 Crack Filling and Sealing
302-1 1.1 .I Surface Preparation Cracks designated to be sealed as set forth in section 302-1 1 .I .3,
Measurement and Payment, shall be washed clean, blown out and thoroughly dried before installing
sealant material. All water from surface preparation shall be vacuumed from the pavement
immediately after the water jetting and shall not be allowed to flow in the gutter, enter the storm drain
system or to leave the pavement surface. Elastic sealant material shall be as set forth in section
203-13. Debris resulting from surface preparation shall be disposed of outside the highway right of
way in accordance with Section 7-8.1, "Cleanup and Dust Control."
302-1 1.1.2 Application. Sealant material shall be placed in dry conditions only, Sealant shall be
applied when the pavement surface temperature is greater than 4°C (40°F).
The level of the sealant shall be flush with the surface of the existing pavement. All excess sealant
shall be removed from the crack with a minimum overlap onto adjacent pavement.
302-1 1.1.3 Measurement and Payment. The linear footage set forth in the bid item for crack filling
and sealing is for estimating purposes only. Actual quantity will be as designated and measured in
the field. The Engineer or Inspector will designate and mark the final limits of the crack sealant
application area.
Crack Filling and Sealing areas shall not be resurfaced until the Engineer has accepted the crack fill
and sealing areas according to the requirements of this subsection.
Full compensation for conforming to the requirements of Crack Seal shall include but not be limited
to, furnishing all labor, materials, tools, equipment, and incidentals necessary to clean, feel, and seal
the asphalt concrete cracks.
SECTION 310 - PAINTING
310-5 PAINTING VARIOUS SURFACES.
310-5.6 Painting Traffic Striping, Pavement Markings and Curb Markings. Modify the fifth
paragraph as follows: The Contractor shall furnish all equipment, materials, labor, and supervision
necessary for painting traffic lanes, directional arrows, guidelines, curbs, parking lines, crosswalks, and other designated markings in accordance with the Plans, or for approved temporary detours
essential for safe control of traffic through and around the construction site. The Contractor shall remove by wet grinding all existing or temporary traffic markings and lines that may confuse the
public. When temporary detour striping or markings are no longer required, they shall be removed
prior to painting the new traffic stripes or markings.
@ Revised 04/22/02 Contract No. 3667-6 Page 77 of 83Pages
31 0-5.6.3 Equipment. Delete the ninth paragraph and substitute the following: The Contractor shall
provide a wet grinding machine with sufficient capacity to completely remove all existing or temporary
traffic striping or markings that conflict with the striping plan, or are contrary to the Traffic Manual, or
that may be confusing to the public. The surface produced by grinding the existing or temporary
traffic striping or markings on pavement shall not exceed variations from a uniform plane more than 3
mm (‘/s’’) in 3 m (IO’) when measured parallel to the centerline of the street or more than 6 mm (‘/4)1)
in 3 m (IO’) when measured perpendicular to the centerline of the street. The use of any equipment
that leaves ridges, indentations or other objectionable marks in the pavement shall be discontinued,
and equipment capable of providing acceptable surface shall be furnished by the Contractor. This
equipment shall meet all requirements of the air pollution control district having jurisdiction.
310-5.6.6 Preparation of Existing Surfaces. Modify the first paragraph as follows: The Contractor shall remove all existing markings and striping, either permanent or temporary, which are to be abandoned, obliterated or that conflict with the plans by wet grinding methods. Removal of striping by
high velocity water jet may be permitted when there is neither potential of the water and detritus from
the high velocity water jetting to damage vehicles or private property nor to flow from the street into
any storm drain or water course and when approved by the Engineer. The Contractor shall vacuum
all water and detritus resulting from high velocity water jet striping removal from the pavement immediately after the water jetting and shall not allow such materials to flow in the gutter, enter the
storm drain system or to leave the pavement surface. Surface variation limitations for high velocity
water jet striping removal shall be the same as for grinding. The Contractor shall not use dry or wet
sandblasting in any areas. Alternate methods of paint removal require prior approval of the
Engineer.
310-5.6.7 Layout, Alignment, and Spotting. Modify the first paragraph as follows: The Contractor
shall establish the necessary control points for all required pavement striping and markings by surveying methods. No layout of traffic striping shall be performed by the Contractor before establishment of the necessary control points. The Contractor shall establish all traffic striping
between these points by string line or other method to provide striping that will vary less than 80mm
per 100m (1/2 inch in 50 feet) from the specified alignment. The Contractor shall obliterate, straight stripes deviating more than 80mm per 1OOmm (I/ 2 inch in 50 feet) by wet grinding, and then correcting the markings. The Contractor shall lay out (cat track) immediately behind installation of surface course asphalt and as the work progresses.
310-5.6.8 Application of Paint. Modify the second paragraph as follows: The Contractor shall apply
the first coat of paint immediately upon approval of striping layout by the Engineer. The Contractor
shall paint the ends of each median nose yellow.
Add the following to the eighth paragraph: The Contractor shall apply temporary traffic stripes in one coat. Temporary traffic stripes shall be maintained by the Contractor so that the stripes are clearly visible both day and night.
310-5.6.10 Measurement and Payment. Modify the first paragraph as follows: Final and
temporary traffic striping, curb markings and pavement markings as shown on the plans and required
by the specifications shall be included in the lump-sum price bid for temporary and final traffic
striping, and no additional compensation will be allowed therefor. Reapplication of temporary stripes
and markings shall be repainted at the Contractor’s expense, and no additional compensation will be
allowed therefor. The lump sum prices bid and shall include all labor, tools, equipment, materials,
and incidentals for doing all work in installing the final and temporary traffic striping.
Add the following section:
310-5.6.1 1 Preformed Thermoplastic Pavement Markings.
For asphalt concrete pavement the Contractor shall be apply preformed thermoplastic pavement
markings using the propane torch method recommended by the manufacturer. The preformed
Revised 04/22/02 Contract No. 3667-6 Page 78 of 83Pages
thermoplastic pavement markings shali not be applied at ambient and road temperatures below 0" C
(32" F). The Contractor shall clean, dry and remove all debris from the pavement before applying
preformed thermoplastic pavement markings. portland cement concrete pavement the Contractor
shall use the same application procedure as described for asphalt concrete pavement. However, at
the Contractor's option a compatible primer sealer may be applied before application to assure
proper adhesion.
SECTION 312 - PAVEMENT MARKER PLACEMENT AND REMOVAL
312-1 PLACEMENT. Add the following to the third paragraph:
4) When being installed on asphalt concrete pavement sooner than 14 days after placement
of the asphalt concrete pavement course on which the pavement markers are to be placed.
Add the following section:
312-1 .I Reflective Channelizer Placement and Removal. The Contractor shall place and
remove reflective channelizers the same as for pavement marker placement and removal. The
Contractor shall place the channelizers uniformly, straight on tangent alignment and on a true arc on
curved alignment to the same tolerances of position as for application of paint in section 310-5.6.8.
The Contractor shall perform all layout work necessary to place the channelizers to the proper
alignment. If the channelizers are displaced or fail to remain in an upright position, from any cause,
the channelizers shall immediately be replaced or restored to their original location, by the
Contractor. When reflective channelizers are removed the pavement surface shall be restored to the
same color and surface finish as the adjacent pavement.
Section 31 3 - Temporary Traffic Control Devices
Add the following section:
313-1 TEMPORARY TRAFFIC PAVEMENT MARKERS.
Add the following section:
313-1 .l General. The Contractor shall supply and install temporary traffic pavement markers,
channelizers, signing, railing (type K), crash cushions and appurtenances at the locations shown on
the plans and as required in the specifications, complete in place prior to opening the traveled way served by said final and temporary traffic pavement markers, signing, railing (type K) and
appurtenances to public traffic.
31 3-1.2 Temporary Pavement Markers. Temporary reflective raised pavement markers shall be
placed in accordance with the manufacturer's instructions. Temporary reflective raised pavement
markers shall be cemented to the surfacing with the adhesive recommended by the manufacturer,
except epoxy adhesive shall not be used to place temporary reflective raised pavement markers in
areas where removal of the markers will be required. Pavement striping, legends and markers which
conflict with any traffic pattern shall be removed by grinding as determined by the Engineer. The
Contractor shall use temporary reflective raised pavement markers for temporary pavement marking,
except when the temporary pavement markers are used to replace patterns of temporary traffic stripe
that will be in place for less than 30 days. Reflective pavement markers used in place of the
removable-type pavement markers shall conform to the section 31 2 "Pavement Marker Placement
and Removal", except the 14-day waiting period before placing the pavement markers on new
asphalt concrete surfacing as specified in section 31 2-1 "Placement", shall not apply; and epoxy
adhesive shall not be used to place pavement markers in areas where removal of the markers will be
required.
Revised 04/22/02 Contract No. 3667-6 Page 79 of 83 Pages
Add the following section:
313-1.3 Channelizers. Channelizers shall be new surface-mounted type and shall be furnished,
placed, and maintained at the locations shown on the plans. Channelizer posts shall be orange in
color. Channelizers shall have affixed white reflective sheeting as specified in the special provisions.
The reflective sheeting shall be 75 mm x 300 mm (3” x 12”) in size. The reflective sheeting shall be
visible at 300 m (1000’) at night under illumination of legal high beam headlights, by persons with
vision of or corrected to 20/20. The channelizer bases shall be cemented to the pavement in the
same manner as provided for cementing pavement markers to pavement in section 312-1,
“Placement.” Channelizers shall be applied only on a clean, dry surface. Channelizers shall be
placed on the alignment and location shown on the plans and as directed by the Engineer. The
channelizers shall be placed uniformly, straight on tangent alignment and on a true arc on curved
alignment. All layout work necessary to place the channelizers to the proper alignment shall be
performed by the Contractor. If the channelizers are displaced or fail to remain in an upright position,
from any cause, the channelizers shall immediately be replaced or restored to their original location,
by the Contractor. The Contractor shall provide the Engineer with a Certificate of Compliance in
accordance with the provisions of section 4-1.5, “Certification”. Said certificate shall certify that the
channelizers comply with the plans and specifications and conform to the prequalified design and
material requirements approved by the Engineer and were manufactured in accordance with a quality
control program approved by the Engineer.
Add the following section:
313-2 TEMPORARY TRAFFIC SIGNING.
Add the following section:
313-2.1 General. The Contractor shall provide and install all temporary traffic control signs, markers,
markings, and delineators at locations shown on plans and specified herein.
Add the following section:
313-2.2 Maintenance of Temporary Traffic Signs. If temporary traffic signs are displaced or
overturned, from any cause, during the progress of the work, the Contractor shall immediately
replace the signs in their original approved locations. The Contractor shall maintain all temporary
traffic signs used in the Work in a clean, reflective and readable condition. The Contractor shall
replace or restore graffiti marked temporary traffic signs and posts used in the Work within 18 hours
of such marking being discovered during non-working hours or, when the marking is discovered
during working hours, within 2 hours of such discovery of marking.
Add the following section:
313-3 TEMPORARY RAILING (TYPE K) AND CRASH CUSHIONS.
Add the following section:
313-3.1 Temporary Railing and Crash Cushions. Temporary railing (Type K) shall consist of
interconnected new or undamaged used precast concrete barrier units as shown on the plans.
Temporary sand-filled crash cushions shall consist of new or undamaged used temporary sand-filled
crash cushions units as shown on the plans.
313-3.1.1 Appearance. Exposed surfaces of new and used units of Temporary railing (Type K)
shall be freshly coated with a white color paint prior to their first use on the project. The paint shall
conform to the provisions in sections 21 0-1.5 “Paint Systems” and 310 “Painting”. Contractor shall be
responsible for the removal and cleanup or painting over the graffiti from the K-Rails within 48 hours.
The Contractor Shall replace or repaint units of Temporary railing (Type K) or shall remove graffiti,
tire or vehicle marks, dirt or any and all materials such that said marks or discoloration mar the
appearance of said units when ordered by the Engineer after the units are in place.
e Revised 04/22/02 Contract No. 3667-6 Page 80 of 83Pages
Add the following section.
313-3.1.2 Manufacture of Temporary Railing. In addition to the requirements herein the
temporary railing (Type K) shall be manufactured per CALTRANS Standard Drawing T3. Concrete
used to manufacture Temporary railing (Type K) shall conform to the provisions in sections 201-1,
“Portland Cement Concrete” and 303-1 “Concrete Structures”.” Load tickets and a Certificate of
Compliance will not be required. Reinforcing steel shall conform to the provisions sections 201-1,
”Portland Cement Concrete” and 303-1 “Concrete Structures”. Steel bars to receive bolts at ends of
concrete panels shall conform to ASTM Designation: A 36/A 36M. The bolts shall conform to ASTM
Designation: A 307. A round bar of the same diameter may be substituted for the end-connecting
bolt shown on the plans. The bar shall conform to ASTM Designation: A 36/A 36M, shall have a
minimum length of 660 mm and shall have a 75 mm (3”) diameter by 9 mm (3/8”) thick plate welded
on the upper end with a 5-mm (3/16’’) fillet weld. The final surface finish of temporary railings (Type K)
shall conform to the provisions in section 303-1.9.2 “Ordinary Surface Finish.” Exposed surfaces of
concrete elements shall be cured by the water method, the forms-in-place method, or the pigmented
curing compound method. The pigmented curing compound shall be type 2 curing compound.
Temporary railing (Type K) may have the Contractor’s name or logo on each panel. The name or
logo shall not be more than 100 mm in height and shall be located not more than 300 rnm above the
bottom of the rail panel.
Add the following section.
313-3.1.3 Installation of Temporary Railing. In addition to the requirements herein the temporary
railing (Type K) shall be installed per CALTRANS Standard Drawing T3. Temporary railing (Type K)
shall be set on firm, stable foundation. The foundation shall be graded to provide a uniform bearing
throughout the entire length of the railing. Abutting ends of precast concrete units shall be placed
and maintained in alignment without substantial offset to each other. The precast concrete units
shall be positioned straight on tangent alignment and on a true arc on curved alignment Each rail unit
placed within 3 m (IO’) of a traffic lane shall have a reflector installed on top of the rail as directed by
the Engineer. Reflectors and adhesive will be furnished by the Contractor. A Type P marker panel
conforming to the requirements of the CALTRANS Traffic Manual shall also be installed at each end
of railing installed adjacent to a two-lane, two-way highway and at the end facing traffic of railing
installed adjacent to a one-way roadbed. If the railing is placed on a skew, the marker shall be
installed at the end of the skew nearest the traveled way. Type P marker panels shall conform to the
provisions of section 206-7.2, “Temporary Traffic Signs”. Where shown on the plans, threaded rods
or dowels shall be bonded in holes drilled in existing concrete. When temporary railings (Type K) are
removed, any area where temporary excavation or embankment was used to accommodate the
temporary railing shall be restored to its previous condition, or constructed to its planned condition.
’
Add the following section:
313-3.2 Temporary Sand-Filled Crash Cushions. Temporary sand-filled crash cushion units shall
be “Energite 111” manufactured by Energy Absorption Systems, “Fitch Inertial Barrier System Modules”
manufactured by Roadway Safety Service, or equal. Features required to determine equivalence of
any other temporary sand-filled crash cushion units shall be approval of the system by CALTRANS
and that the temporary sand-filled crash cushion units meet NCHRP 350 standards. Other features will be suitability to application, operational characteristics, durability and other such characteristics
that the Engineer shall determine. Temporary sand-filled crash cushions (TSFCC) shall be of the
type and array configurations shown on plans, and installed at every end of, or gap in, the temporary
railing (Type K) whenever the closest point of approach of traffic, regardless of direction, is 4.6 m
(15’) or less to the end of the temporary railing (Type K) being considered. The TSFCC shall be
installed per CALTRANS Standard DrawingsT1 and T2 for approach speeds no less than the
posted speed of the street prior to construction or 55 kilometers per hour (35 mph), whichever is the
greater. The TSFCC array shall be appropriate to the application as shown on said standard
drawings. A Type J and/or P marker panel conforming to the requirements of the CALTRANS Traffic
Manual shall also be installed at each TSFCC array as shown in CALTRANS Standard Drawings TI
Revised 04/22/02 Contract No. 3667-6 Page 81 of 83 Pages
and T2. Particular care shall be taken to assure that crash cushions are installed with the soil
supporting them and the adjacent soil leveled to match the elevation of the bottom of the temporary
railing immediately adjacent to the crash cushion. All routes of approach to the TSCFF array shall be
graded such that any vehicle diverging from the travelled way to strike the TSCFF will travel on a
vertical alignment parallel to the segment of the travel lane that it departed from.
Add the following section:
313-4 MEASUREMENT AND PAYMENT. Temporary traffic pavement markers, temporary
channelizers, temporary signing, temporary railing (type K), temporary crash cushions and temporary
appurtenances thereto shown on the plans or required in the specifications are a part of the lump-
sum item for traffic control and payment therefor shall include full compensation for furnishing all
labor, materials, tools, equipment, and incidentals and for doing all the work involved in applying,
installing, maintaining, and removing temporary traffic pavement markers, channelizers, signing,
railing (type K), crash cushions and appurtenances, complete in place, as shown on the plans, as
specified in the Standard Specification and these special provisions, and as directed by the
Engineer. Payment for temporary crash cushions, concrete barriers and the signs and reflectors
marking them shall include the installation, grading for installation, grading for the approach path,
maintenance, painting and re-painting, replacement of damaged units and removal and shall also be
included in the lump-sum price bid for traffic control. Payment for relocation of K-rails and crash
cushions when not shown on the plans and requested by the Engineer shall be made per section 3-
3, Extra Work, SSPWC.
i
Revised 04/22/02 Contract No. 3667-6 Page 82 of 83 Pages
SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 6, MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES
600-3 Rubberized Emulsion - Aggregate Slurry
600-3.2 Materials add the following: Aggregate for Rubberized Emulsion - Aggregate Slurry shall
be Type I Slurry Aggregate.
600-3.4 Application of REAS add to the first paragraphs: No slurry shall be applied until the
provisions of subsection 21 2-1.2.6, Herbicide Application, Section 302-1 I Asphalt Concrete
Pavement Crack Filling and Sealing, Section 312-3 Pavement Marker Removal have all been
satisfied.
The Contractor shall remove all existing markings, legends and striping, either permanent or
temporary in those areas to be slurried. Removal of striping by high velocity water jet may be
permitted when there is neither potential of the water and detritus from the high velocity water jetting
to damage vehicles or private property nor to flow from the street into any storm drain or water
course and when approved by the Engineer. The Contractor shall vacuum all water and detritus
resulting from high velocity water jet striping removal from the pavement immediately after the water
jetting and shall not allow such materials to flow in the gutter, enter the storm drain system or to leave
the pavement surface. Surface variation limitations for high velocity water jet striping removal shall
be the same as for grinding. The Contractor shall not use dry or wet sandblasting in any areas.
All cracks and areas between existing curb and gutter and edge of pavement that contain weeds or
plant growth of any kind shall be treated with herbicides. Herbicides shall be applied at least 2(two)
working days prior to sealing of street. Allowance for the two day period shall be shown in the
schedule required per section 6-1. Contractor shall remove any visible plant growth prior to
placement of Herbicide.
Full compensation for removal of striping and herbicide application shall include but not be limited to:
furnishing all labor, tools, equipment, and materials necessary for doing the work and shall be
considered as included in the contract unit price bid for Rubberized Emulsion Aggregate Slurry and
no additional compensation will be allowed therefore.
600-3.6 Public Convenience and Traffic Control modify the first line with the following: Public
Convenience and traffic control shall conform to 302-4.4.4. There shall be no stockpiling of material
allowed on City right-of-way.
@ Revised 04/22/02 Contract No. 3667-6 Page 83 of 83Pages
.-
APPENDIX “A”
RESIDENT NOTIFICATION EXAMPLE I
CITY OF CARLSBAD
ROAD WORK
ABC CONTRACTORS
OFFiCE # (760)XXX--xxxX
FiEL D # (760)XXX--xxxX
Dear resident:
As a part of the City of Carlsbad’s ongoing program to maintain its
streets, your street will be resurfaced with a layer of asphalt concrete
over the existing roadway surface. This construction will require the clos-
ing of your street to through traffic for one day. Your street, from XYZ St.
to XYZ Ave. will be closed to through traffic and resurfaced on:
MON. TUE. WED. THU. FRI.
DATE:
from 7:OOA.M. to 5:OO P.M.
If you don’t plan to leave your home by 7:OO A.M. on the above date
please park your car on an adjacent street in your neighborhood that will
not be resurfaced. Streets scheduled for resurfacing can be determined
by calling either the Contractor or the City of Carlsbad Engineering In-
spection Department. When walking to and from your car, remember
not to walk on the newly overlaid street or you will have black residue on
the bottom of your shoes. Please do not drive, walk on, walk pets, play,
or skate on the newly overlaid asphalt. Also, please refrain from watering
your lawns, washing cars, etc., approximately 6-8 hours after the asphalt
is laid as running water will cause damage to the new surface.
ABC is the Contractor that will be performing the resurfacing work for
the city and you may call them at
(760)XXX--xxxX if you have any questions regarding the project. Resur-
facing of your street will not occur on the day your trash is collected. Mail
delivery may be delayed if the postman cannot reach the mailbox that
day. If you have a moving company scheduled for that day please call
and inform the Contractor of the date. If you have any concerns which
cannot be addressed by the Contractor, you may call the City’s Engineer-
ing Inspection Department at 438-1 161x4323.
Thank you for your cooperation as we work to make a better City of
Carlsbad.
a Revised 04/22/02 Contract No. 3667-6 Page 84 of 83Pages