HomeMy WebLinkAboutBeador Construction Co Inc; 2004-02-27; 38911DOC # 2005-0335528 I llllllll Ill lllll lllll1111111ll1 lllll lllll lllll IIIII 11lIl lllll11111lll Recording requested by: )
) APR 21,2005 455 PM
CITY OF CARLSBAD )
) SArj DIEGO COCINT HECORCIEH'S OFFICE When recorded mail to: )
)
City Clerk )
City of Carlsbad )
1200 Carlsbad Village Dr. 1
OFFICIAL RECORPS
GREGORY J SMITH, CEIIJPIT'~ KEUIIHDER
FEE 5 0 00 PAGES 1
Carlsbad, CA 92008
Space above this line for Recorder's Use
NOTICE OF COMPLETION
Notice is hereby qiven 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 December
22, 2004.
The name of the contractor for such work of improvement is Beador Construction
Company, Inc.
The property on which the work of improvement was completed is in the City of Carlsbad,
County of San Diego, State of California, and is described as the El Camino Real Sewer,
Tamarack Avenue to Chestnut Avenue, Project No. 3891 1.
CITY OF CARLSBADA
GLENN PRUIM
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, , 2005, accepted the California, 92008. The City Council of said City on April 5,
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 April 6, , 2005, at Carlsbad, California.
CITY OF CARLSBAD
LORRAINE M. WOOD
City Clerk
CITY OF CARLSBAD
San Diego County
California
CONTRACT DOCUMENTS AND
SUPPLEMENTAL PROVISIONS
/--
FOR
EL CAMINO REAL SEWER
TAMARACK AVENUE TO CHESTNUT AVENUE
__c---- *r +-:. CONTRACT NO. 38911 ,A- '
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@ Revised 07/29/02 Contract No. 3891 1 Page 1 of 91 Pages
TABLE OF CONTENTS
Item Paue
Notice Inviting Bids ........................................................................................................................ 6
Contractor‘s Proposal .................................................................................................................... 10
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 OperatodLessor 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
_-
Revised 07/29/02 Contract No . 3891 1 Page 2 of 91 Pages
. 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
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 .................................................................................................. Workers' Compensation Insurance ...................................................................... Permits ..................................................................................................................
Project Site Maintenance ......................................................................................
Public Convenience And Safety ........................................................................... Laws To Be Observed ..........................................................................................
Cooperation and Collateral Work .........................................................................
Measurement and Payment Measurement Of Quantities For Unit Price Work .................................................
Payment ................................................................................................................
42 42
43
44 44
45
46
49
49 49
50 51
53 54
55
55
56 61 62 62
62
62
63 63
63 63
63
64 68
69 69
@ Revised 07/29/02 Contract No . 3891 1 Page 3 of 91 Pages
I PART 2 Construction Materials
Section 200
200-2
Section 201
201 -1
Section 203
203-6
Section 207
207-25
Section 21 0
21 0-1
Section 21 3
21 3-3
Section 21 4
21 4-5
Rock Materials Untreated Base Materials ..................................................................................... 72
Concrete. Mortar And Related Materials
Portland Cement Concrete .................................................................................. 72
Bituminous Materials
Asphalt Concrete .................................................................................................. 73
Pipe
Underground Utility Marking Tape ........................................................................ 74
Paint And Protective Coatings
Paint ...................................................................................................................... 75
Engineering Fabrics
Erosion Control Specialties ................................................................................... 75
Pavement Markers
Reflective Pavement Markers ............................................................................... 76
PART 3 Construction Methods
Section 300 Earthwork
300-2 Unclassified Excavation ........................................................................................
300-3 Structure Excavation And Backfill .........................................................................
300-4 Unclassified Fill .....................................................................................................
300-9 Geotextiles For Erosion Control And Water Pollution Control .............................
.
Section 303 Concrete And Masonry Construction .
303-1 Concrete Structures ..............................................................................................
303-2 Air-Placed Concrete ..............................................................................................
303-5 Concrete Curbs. Walks. Gutters. Cross Gutters. Alley Intersections.
Access Ramps. And Driveways ............................................................................
Section 306 Underground Conduit Construction
306-1 Open Trench Operations ......................................................................................
Section 31 0 Painting
31 0-5 Painting Various Surfaces ...................................................................................
Section 31 2
31 2-1
Pavement Marker Placement And Removal
Placement ............................................. .1 ..............................................................
Section 31 3
31 3-1
31 3-3
31 3-4
Temporary Traffic Control Devices
Temporary Traffic Pavement Markers ..................................................................
.. 31 3-2 Temporary Traffic Signing ...................................................................................
Temporary Railing (Type K) And Crash Cushions ..............................................
Measurement And Payment .................................................................................
77
78
78
79
80
80
81
81
84
86
86
87
87
89
@ Revised 07/29/02 Contract No . 3891 1 Page 4 of 91 Pages
.--... APPENDICES
Appendix A: Resident Notification Example
Appendix B: Carlsbad Sewer Standard Drawings
INFORMATION FOR CONTRACTOR
A. To obtain a copy of current plan holders list
City of Carlsbad, Purchasing
Phone (760) 602-2460
B. Questions pertaining to plans and specifications and contract documents
City of Carlsbad
David Ahles, Senior Civil Engineer
Phone (760) 602-2748
_-
Revised 07/29/02 Contract No. 3891 1 Page 5 of 91 Pages
c
I CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Until 4:OO PM on OCTOBER 8, 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: Construct an 8-inch and 6-inch gravity
sewer including the installation of access holes and service laterals.
EL CAMINO REAL SEWER
TAMARACK AVENUE TO CHESTNUT AVENUE
CONTRACT NO. 3891 1
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 the
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 I
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 (1 0) 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:
r
1. Contractor's Proposal
2. Bidder's Bond
3. Non-Collusion Affidavit
4. Designation of Subcontractors
and Amount of Subcontractor Bid
5. Designation of Owner Operator/L,essors & Amount of Owner OperatorLessor Work
6. Bidder's Statement of Financial Responsibility
7. Bidder's Statement of Technical Ability and
Experience
,r 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.
10. Bidder' s Statement Re Debarment
1 1. 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)
/--
I.
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 $400,000.00
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 finds 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 dose not involve federal funds. The only
classification acceptable for this contract is “A” General Engineering.
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 $20.00 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.
c The general prevailing rate of wages for each craft or type of worker needed to execute
the Contract shall be those as determined by the Director of Industrial Relations pursuant
to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of
the Labor Code, a current copy of applicable wage rates is on file in the Office of the City
Engineer. The Contractor to whom the Contract is awarded shall not pay less than the
said specified prevailing rates of wages to all workers employed by him or her in the
execution of the Contract.
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 4 107 and 41 07.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720
shall apply to the Contract for work.
A pre-bid meeting and tour of the project site will not be held.
All bids are to be computed on the basis of the given estimated quantities of work, as
indicated in this proposal, times the unit price as submitted by the bidder. In case of a
discrepancy between words and figures, the words shall prevail. In case of an error in the
extension of a unit price, the corrected extension shall be calculated and the bids will be
computed as indicated above and compared on the basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out and
typed or written in with ink and must be initialed in ink by a person authorized to sign for
the Contractor.
Bidders are advised to verify the issuance of all addenda and receipt thereof one day
prior to bidding. Submission of bids without acknowledgment of addenda may be cause
of rejection of bid.
The Contractor shall provide bonds to secure faithful performance and warranty of the
work in an amount equal to one hundred percent (100%) of the Contract price on this
project. The Contractor shall provide bonds to secure payment of laborers and materials
suppliers, in an amount equal to:
1) One hundred percent (100%) of the total amount payable by the terms of the contract
when the total amount payable does not exceed five million dollars ($5,000,000).
2) Fifty percent (50%) of the total amount payable by the terms of the contract when the
total amount payable is not less than five million dollars ($5,000,000) and does not
exceed ten million dollars ($10,000,000).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if
the contract exceeds ten million dollars ($10,000,000).
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 :
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by
laws, or other instrument entitling or authorizing the person who executed the bond to do
2) A certified copy of the certificate of authority of the insurer issued by the insurance
commissioner.
so.
If the bid is accepted, the City may require copies of the insurer's most recent annual
statement and quarterly statement filed with the Department of Insurance pursuant to
Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the
Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the
statements.
Insurance is to be placed with insurers that:
1) Have a rating in the most recent Best's Key Rating Guide of at least A-:V
2) Are admitted and authorized to transact the business of insurance in the State of
California by the Insurance Commissioner.
Auto policies offered to meet the specification of this contract must:
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.
e. Approved by the City Council of the City of Carlsbad, California, by Resolution No.
2003-2 17, adopted on the 12'h day of August, 2003.
Mice Breitenfeld, CMC L/
Deputy City Clerk
PUBLISH DATE: Tuesday, August 26,2003
/-
e
CITY OF CARLSBAD
EL CAMINO REAL SEWER
TAMARACK AVENUE TO CHESTNUT AVENUE
CONTRACT NO. 3891 1
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. 38911 in accordance with the Plans, Specifications,
Supplemental Provisions and addenda thereto and that he/she will take in full payment therefor the
following unit prices for each item complete, to wit:
BID SCHEDULE
Item - No. Description
1 Mobilization and preparatory work at lump sum amount
not to exceed One Hundred Thousand Dollars (Lump Sum)
2 Construction schedule stipulated lump sum of
Dollars (Lump Sum) A-6 J4vS Thousand
Approximate
Quantity Unit
And Unit Price
LS (NOT $ 5q90e-
TO EXCEED)
LS $3,000.00
3 Prepare SWPPP and BMP’s, LS furnish and install erosion and
water pollution control at
WFE iUOdSfw0
Dollars (Lump Sum)
@ Revised 07/29/02
fi ‘3000.00
Contract No. 3891 1
- Total
$ 55,906-
$3,000.00
.q; 300.06
Page 10 of 91 Pages
Approximate
Item Quantity - No. Description and Unit
4 8-inch PVC SDR-35 sewer 4,350 LF
water main, including
excavation, backfill, compaction,
aggregate base and asphalt paving and testing, at
l5lW-€ILc(T
Dollars per Linear Foot
5 6-inch PVC SDR-35 sewer 524 LF main, including
excavation, backfill, compaction,
aggregate base and asphalt paving
and testing, at r=Iw-erhf .(
Unit - Price
r;6 15
$ !&
Dollars per Linear Foot
6 5 foot Dia. Accesshole per 11 EA Dwg. No. S-1 & S-4, including .
excavation, backfill, compaction,
base and asphalt paving and testing, at
mfi l&@U&%-lD 6s.CN
WoQW
Dollars per Linear Foot
7 Sewer main cleanout per 3 EA Dwg. No. S-6, including excavation,
backfi 11, compaction, base, and asphalt paving, at NrnE NOOEdw43 mqc
MW.oQM Dollars per Linear Foot
8 4-inch sewer lateral with cleanout 19 EA
and endcap per Dwg. No. S-7, including excavation, backfill, compaction asphalt paving at
Dollars per Linear Foot
6rJENOdSWO RUE
l4aoQeo
-
Revised 07/29/02
$ 2109
$39-
- Total
$ 3039t-
$ l0,Sb~
Contract No. 3891 1 Page 11 of 91 Pages
Approximate
Quantity Unit
and Unit - Price Total
Item - No. Description
9 Prepare traffic control plan,
-
furnish and install traffic control, including signing and striping, pavement markings, pavement markers, temporary signal loops, permanent signal loops, temporary railing (Type K) and crash cushion assemblies ma WO*W~
.-
I
Dollars (Lump Sum)
10 Furnish and install sheeting, shoring, and bracing for the protection of trench and workers in excavations at wa€% ‘iLI0JSWD
LS $ AasD’ $ 4aw’
OPENED, WITNESSED AND RECORDED:
/Y -
DATE &NATURE
LS
Dollars (Lump Sum)
11 Perform exploratory excavations for underground utilities at
GVE ~J.SILJ0
LS
Dollars (Lump Sum)
Total amount of bid in numbers for Bid Schedule: $ 42&,3cw
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No@). I
proposal.
haslhave been received and islare included in this
The Undersigned has carefully checked all of the above figures and understands that the City will not
be responsible for any error or omission on the part of the Undersigned in preparing this bid.
The Undersigned agrees that in case of default in executing the required Contract with necessary
bonds and insurance policies within twenty (20) days from the date of award of Contract by the City
Council of the City of Carlsbad, the City may administratively authorize award of the contract to the
second or third lowest bidder and the bid security of the lowest bidder may be forfeited.
The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do
business or act in the capacity of a contractor within the State of alifornia, validly licensed under
license number ,47 04 83 , classification ii which expires on , and that this statement is true and correct and has the legal effect of an affidavit. 7- 3 \ - 04
Revised 07/29/02 Contract No. 3891 1 Page 12 of 91 Pages
-
....
- ..
e-
-
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 5 7028.1 5(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 5 201 04.
The Undersigned bidder hereby represents as follows:
1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no
representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and
2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud.
Accompanying this proposal is (Cash, Certified Check, Bond or Cashier's Check) for ten percent (1 0%) of the amount bid.
I 3,oM.es. &A*>
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
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the
Contract and agrees to comply with its provisions.
I complete.
IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(1 ) Name under which business is conducted
(2) Signature (given and surname) of proprietor
(3) Place of Business
(Street and Number)
City and State
(4) Zip Code Telephone No.
IF A PARTNERSHIP, SIGN HERE:
(1 ) Name under which business is conducted
(2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner)
(3) Place of Business
(Street and Number)
City and State
(4) Zip Code Telephone No.
Revised 07/29/02 Contract No. 3891 1 Page 13 of 91 Pages
IF A CORPORATION, SIGN HERE:
(1 ) Name under which business is conducted &A-bsR COh)S?RUCRD~
Impress Corporate Seal here
(3) Incorporated under the laws of the State of LA
(4) Place of Business 26320 LESTER CrRcLe
(Street and Number)
City and State u4 / cA
(5) Zip Code 72m3 Telephone No. 9 09 e 674 -7352.
.-
_.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
AlTACHED
List below names of president, vice president, secretary and assistant secretary, if a corporation; if a
partnership, list names of all general partners, and managing partners:
Revised 07/29/02 Contract No. 3891 1 Page 14 of 91 Pages
License Detail
California Home
Iclass] 1-
Page 1 of 2
Monday, October 20, 2003
Description
GENERAL ENGINEERING CONTRACTOR
License Detail Contractor License ## 720483
CALIFORNIA CONTRACTORS STATE I ICENSE BOARD
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, a link for complaint disclosure will appear
below. Click on the link or button to obtain complaint and/or legal action
information.
are disclosed.
the arbitration.
onto the Board's license data base.
r
Per B&P 7071.17, only construction related civil judgments known to the CSLB
Arbitrations are not listed unless the contractor fails to comply with the terms of
Due to workload, there may be relevant information that has not yet been entered
~~ ~~~~~~
Extract Date: 10/20/2003
* * * Business Information * * *
BEADOR CONSTRUCTION COMPANY INC
POBOX1 CORONA DEL MAR, CA 92625
Business Phone Number: (949) 724-0264
Entity: Corporation
Issue Date: 03/26/1996 Reissue Date: 07/16/1998 Expire Date: 07/31/2004
* * * License Status * * *
This license is current and active. All information below should be reviewed.
* * * Classifications * * *
* * * Bonding Information * * *
CONTRACTOR'S BOND: This license filed Contractor's Bond number 523744C in the
amount of $7,500 with the bonding company
INDEMNITY COMPANY OF CALIFORNIA.
10/20/2003
License Detail Page 2 of 2
Effective Date: 04/04/2001
Contractor's Bonding History
BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO)
DAVID ALLEN BEADOR certified that he/she owns 10 percent or more of the voting
stocWequity of the corporation. A bond of qualifying individual is not required.
Effective Date: 07/16/1998
* * * Workers Compensation Information * * *
This license has workers compensation insurance with the
STATE COMPENSATION INSURANCE FUND Policy Number: 6663034 Effective Date: 12/01/1997 Expire Date: 12/01/2003
Workers Compensation History
* * * Miscellaneous Information * * *
I[ 07/16/1998]1 LICENSE REISSUED TO ANOTHER ENTITY1
c
Personnel List
.____-- License Number Request Contractor Name Request Personnel Name Request
Salesperson Request Salesperson Name Request
6 2003 State of California. Conditions of Use Privacy Policy
10/20/2003
Personnel List Page 1 of 1
California Home Mondav. October 20.2003
Contractor License # 720483
Click on the person's name to see a more detailed page of information on that person.
Association Disassociation More
Date Date Class
RMO/P/STT 03/26/1996 A More
Name Title
DAVID ALLEN
BEADOR
License .- .~ Number ______. Request Contractor Name Request
Salesperson Request Salesperson Name Request
Personnel Name Request
8 2003 State of California. Conditions of Use Privacy Policy
10/20/2003
.'
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF ORANGE
On OCroBEQ 8 .2003 beforeme. Judith L. Beador
NAME OF NOTARY PUBLIC
personally appeared, David A. Beador
personally known to me (or proved to me on the basis of satisfactory evidence) to be the personis)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
No#ary PUWC - CaHtornia
Comm.bdiesJan28.2007
OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT
DATE OF DOCUMENT
BID SECURITY FORM
(Check to Accompany Bid)
EL CAMINO REAL SEWER
TAMARACK AVENUE TO CHESTNUT AVENUE
CONTRACT NO. 3891 1
(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 ($ )I 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.)
Revised 07/29/02 Contract No. 3891 1 Page 15 of 91 Pages
.....
..
.I
.-
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I'
8,
8IUDER'S BOND TO'ACCOMPANY PROPOSAL ., '!
'. EL CAMIN0 REAl SEWER . TAMARACK AVENUE TO CHESTNUT AVENUE
,I * CONTRACTNO. 38911 '
-4
., KNOW ALL PERS~NS BY THESE PRESENTS;
I That WeBFADOR CbN STRUCTION COMPANY, INVas PHncjpal, and HARTFORD FIRE INSURANCE COMPANY as folbws: ' as Surety are he[d larld firmly bound unto the Clty of Carlsbad California In an far whioh {must be at least t&n percont (10%) d the bid amount) TEN IhCENT dF BID Amm payment, wet1 and truly mads, we bind oureefves, our heirs, executors and adminimtors, successom or 'hsddns, jointly and severally, firmly by thwe presents.
THE CONDlT@N OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-
bounden Princjpal fpy:
EL CAMlNO REJU SEWER
CONTRACT NO. 3891 I
in the Ci of Cad&$ad, islahepted by the City Counoil, and if me.Pdncipal shall duly enter Into and execute d Contract hnoluding required bonds and insurance pdicies wlthin twenty (20) days from the date of award:of Cpnffaot by the City Counclf of the city 'of Carisbad, being duly notifled of 8aid award, then thi~ obligation shall become null and voiU; otherwise, it'snan be and remain in full force
and effect, and the amount specified herein shalr be forfeited to me said City.
- I ' TAMARACK AVENUE TO CHESTNUT AVENUE .
.
...
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I e Revised h7/2&02 Contract No. 3891 1 Page 16 of 91 Pages
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In the event P$nci&l exekoted this bond as an individual, it is agreed'thfit the death of Princlpaf shall not exonerate ithe $urey from ita obhgstions under this bond.
I
Executed by PRINGIPAL ;this 6e dayof CkrobER -, 2OLz
Exewted&pm this 3RD day __ ') 2Ud- -- of
SURETY:
HARTFORD FIRE INSURANCE COMPANY. (print name here)
VNe and OrganizaYan of 'Signatory)
BY:
Of ONE POINTE DRIVE PW-Sr ' I- BREA, CA 92822
(address of Surety)
(sign hedl
(print name h&e) '
(title and orgarilzatl+n of signatory)
I
8, I YUNG T. MULLICK
(printed name of Attorney-in+Fact) -
I,
(Attach corprrkte r&dution showing arrent power of attorney.)
(Proper notarial a&awledgrnent of execution' by PRINCIPAL and SURETY must be athkhad.)
I,
'. ..
(President or yicspresldent and secretary 6; assistant secretary must sign for corporations. If only ana officer signs, the cor;pomtion must attach a resolution certified by the secretary or assistant
eecmtary undeL corborate'seal ernpowerlng that officer to bind the Corporation.)
*I
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Page 17 of 91 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
COUNTY OF ORANGE 1
On \Q/ 3 lo?) before me, JENNIFER C. GIBONEY
personally appeared, YUNG T. MULLICK
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in hishedtheir authorized capacity(ies), and that by hishedtheir signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
NAME OF NOTARY PUBLIC
WITNESS my hand and official seal.
NOTARY PUBLIC-CALIFORNIA 5
ORANGE COUNTY
My Cornrn. Exp. Jan. 23,2004
(SEAL)
NOTARY PUBLIC SIGNATURY
OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT
DATE OF DOCUMENT
HARTFORD PLAZA
/ L HARTFORD, CONNECTICUT 061 15
. ' POWER OF ATTORNEY a Hartford Fire Insurance Company Twin City Fire Insurance Company D - a Hartford Casualty Insurance Company
Hartford Accident and Indemnity Company 0 Hartford Underwriters . Insurance Company
Hartford insurance Company of Iilinois El
Hartford Insurance Company of the Southeast :-
Hartford insurance Company of the Midwest
.r---
KNOW ALL PERSONS BY THESE PRESENTS THAT the Harlford Fire lnsurance Company, Harflord Accidenr and Indsninfi,,
Company and Hartford Underwriters Insurance Company, corporations duly organized under the laws of the State of Connechcut; tiam'orc Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois; Hartford Casualty insurance Company,
Twin Crty Fire Insurance Company and Hartford Insurance Company of the Midwest, corporations duly organized under the laws of mt State of Indiana; and Hartlord Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida, having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the 'Companies") do hereby make, constitute and
appoint, up to the amount of unllmlted:
James W. Moilanen, Yung T. Mullick, Jennifer C. Giboney, Frances Lener of
Laguna Hills, CA
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies)
only as delineated above by lxJ, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written
instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the
performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IRWitness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th 2000. the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed. duly
attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the'bmpanies nzreo) unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney
Paul A. Bergenhob, Assistant Secretary John P. Hyland, Assistant Vice President
sS. Hartford
STATE 0 F CONN ECTlCUT
COUKly OF HARTFORD
On this 19" day of September, 2000, before me personally came John P. Hyiand, to me known, who being by me duly sworn bid depose and say: that he resides In the County of Hartford, State of Connecticut; that he4s the Assistant Vice President of the Companies.
the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corflra1ior.s and that he signed his name thereto by like authority.
CERTIFICATE
Jean H Wozniak
Notary Public
My Commission Expires June 30. 2004
I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a VUE. ana
correct copy of the Power of Attorney executed by said Companies, which is still In full force effective as of OCTOBER 3, 2003
. Signed and sealed at the City of Hartford.
&-LA-
Colleen Mastroianni, Assistaol V~ce President
Company Profile Page 1 of 2
Company Profile
HARTFORD FIRE INSURANCE COMPANY
55 FAWINGTON AVENUE, SUITE 100
HARTFORD, CT 06105-3725
800-243-5 860
Agent for Service of Process
JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR
LOS ANGELES, CA 90017
Unable to Locate the Agent for Service of Process?
Reference Information
NAIC #: 19682
NAIC Group #: 009 1
Date authorized in California:
Company Type: Property & Casualty
State of Domicile: CONNECTICUT
California Company ID #: 0085- 1
January 07,1870
License Status: UNLIMITED-NORMAL
Lines of Insurance lhthorized 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
DISABILITY
FIRE
LEGAL INSURANCE
LIABILITY
http://cdinswww.insurance.ca.gov/pls/wu_co_prof/idb_co~prof_utl.get~co_prof?p~EID=2 ... 10/20/2003
Company Profile Page 2 of 2
MARINE
MISCELLANEOUS
PLATE GLASS
SPRINKLER
SURETY
TEAM AND VEHICLE
WORKERS' COMPENSATION
Company Complaint Information
Company Enforcement Action Documents
Company Performance & Comparison Data
Composite Complaint Studies
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Financial Rating Organizations
Last Revised - October 16,2003 01:24 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~=2 ... 10/20/2003
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 ($1 0,000) whichever is greater. Said name(s) and location(s) of business of
subcontractor(s) shall be set forth and included as an integral part of the bid offer.
Bidder shall use separate disclosure forms for each Subcontractor or Owner Operator/Lessor of
manpower and equipment that it proposes to use to complete the Work. Additional copies of the
forms must be attached if required to accommodate the Contractor's decision to use more than one
Subcontractor or Owner Operator/Lessor. All items of information must be completely filled out.
These forms must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and
correct information may result in rejection of the bid as non-responsive.
Neither the amount, in dollars, of work performed by the Bidder's own forces (as Contractor) nor the
Bidder's overhead and profit for subcontracted items of the work is included to compute the
percentage of the work performed by Subcontractors or Owner Operators/Lessors.
When the Bidder proposes that any bid item will installed by a Subcontractor or Owner
Operator/Lessor the amount, in dollars, of the bid item installed by each Subcontractor or Owner
Operator/ Lessor must be entered under the columns "Amount of Subcontracted Bid Item Including
Subcontractor's Overhead & Profit" or I' Amount of Owner OperatodLessor Bid Item Including Owner
OperatodLessor's Overhead & Profit 'I unless the dollar amount of all work performed by any
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.
I Subcontractor or Owner Operator/Lessor is less than one-half of one percent (0.5%) of the Bidder's
--.
-
Revised 07/29/02 Contract No. 3891 1 Page 18 of 91 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 OperatodLessor installed bid item that is supplied by the Bidder shall be
included as a part of the work that the Bidder proposes to be performed by the Subcontractor or
Owner Operator/Lessor installing said item.
.-
The item number from the "CONTRACTOR'S PROPOSAL" (Bid Sheets) shall be entered in the "Bid
Item No." column.
When a Subcontractor or Owner OperatorlLessor 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 OperatodLessor amounts for purposes of award of the
contract shall determined by the City Council in conformance with the provisions of the contract
documents and the Supplemental Provisions. The decision of the City Council shall be final.
L
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Revised 07/29/02 Contract No. 3891 1 Page 19 of 91 Pages
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
EL CAMINO REAL SEWER
TAMARACK AVENUE TO CHESTNUT AVENUE
CONTRACT NO. 3891 1
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.
T Full Company Name of Subcontractor: 3' 'P QGMT & La, 5-k.
Subcontractor's Location of Business Po. &.x 1@39 -- Street Address
City State Zip
*Subcontractor's Telephone Number including Area Code: ( 760 ) 37 8W 0
*Subcontractor's California State Contractors License No. and Classification:
-
- 495@% '2 '
*Subcontractor's Carlsbad Business License No.:
Explanation: Column 1 - Bid Item No. from the bid proposal, pages 11 through 13, 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 11 through 13, inclusive.
Page - of \ 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." - e Revised 07/29/02 Contract No. 3891 1 Page 20 of 91 Pages
DESIGNATION OF OWNER OPERATOR/LESSOR AND
AMOUNT OF OWNER OPERATOWLESSOR WORK
EL CAMINO REAL SEWER
TAMARACK AVENUE TO CHESTNUT AVENUE
CONTRACT NO. 3891 1
The Bidder certifies that it has used the sub-bid of the following listed Owner OperatodLessor in preparing this bid for the Work and that the listed Owner OperatodLessor 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 OperatodLessors listed work will be made except upon the prior approval of the Agency.
Full Owner OperatodLessor Name:
Owner OperatodLessor Location of Business - Street Address
City State Zip
I
*Owner Operator/Lessor Telephone Number including Area Code: ( 1 - _-
*Owner Operator/Lessor City of Carlsbad Business License No.:
-
OWNER OPERATORLESSOR WORK ITEMS
ExDlanation: Column 1 - Bid Item No. from the bid proposal, pages 11 through 13, inclusive. Column 2 - The dollar amount of the item to be performed by the Owner OperatorILessor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and the Owner OperatodLessor'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 11 through 13, inclusive. Page of pages of this Owner OperatodLessor 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 07/29/02 Contract No. 3891 1 Page 21 of 91 Pages
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
(To Accompany Proposal)
EL CAMINO REAL SEWER
TAMARACK AVENUE TO CHESTNUT AVENUE
CONTRACT NO. 3891 1
Copies of the latest Annual Report, audited financial statements or Balance Sheets may be
submitted under separate cover marked CONFIDENTIAL.
*
e Revised 07/29/02 Contract No. 3891 1 Page 22 of 91 Pages
'-
I
BEADOR CONSTRUCTION COMPANY, INC.
FINANCIAL STATEMENTS
December 31,2002
CONTENTS
Pane
ACCOUNTANTS' REVIEW REPORT
FINANCIAL STATEMENTS:
Balance Sheet
Statement of Income and Retained Earnings
Statement of Cash Flows
Notes to Financial Statements
SUPPLEMENTAL INFORMATION:
Schedule 1 - General and Administrative Expenses
Schedule 2 - Other Income and Expenses
Schedule 3 - Aging of Accounts Receivable
Schedule 4 - Aging of Accounts Payable
Schedule 5 - Schedule of Completed Contracts
- Schedule 6 - Schedule of Contracts in Progress
. _-_. .... .......... ............ I.. .............................. ,I._-.- . .........
... ,/. .:. ~ . ,I I.: .. .. I .. ?\;. , ; .. > . ' -., .: .. 3%. ! i. , ,. : .~ '. . I , '.
1
2-3
4
5
6-13
14
15
16
17
18
19
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1450 N. Tustin Avenue, Suite 223
Santa ha, California 92705
Accountancy Corpovation
e 2
1 B
Beador Construction Company, Inc.
Newport Beach, California
We have reviewed the accompanying balance sheet of Beador Construction Company,
Inc. (a California "Subchapter S" corporation) as of December 31, 2002, the related
statement of income and retained earnings, the statement of cash flows, and the schedules
and supplemental data listed in the accompanying contents for the year then ended, in
accordance with Statements on Standards for Accounting and Review Services issued by
the American Institute of Certified Public Accountants. All information included in these
financial statements is the representation of the management of Beador Construction
Company, Inc.
A review consists principally of inquiries of Company personnel and analytical
procedures applied to financial data. It is substantially less in scope than an audit in
accordance with the U.S. generally accepted auditing standards, the objective of which is
the expression of an opinion regarding the financial statements taken as a whole.
Accordingly, we do not express such an opinion.
Based on our review, we are not aware of any material modifications that should be made
to the accompanying financial statements in order for them to be in conformity with the
U. S. generally accepted accounting principles.
Our review was made for the purpose of expressing limited assurance that there are no
material modifications that should be made to the financial statements in order for them
to be in conformity with the U.S. generally accepted accounting principles. The
information included in the accompanying schedules is presented only for supplemental
analysis purposes. Such information has been subjected to the inquiry and analytical
procedures applied in the review of the basic financial statements, and we are not aware
of any material modifications that should be made thereto.
STAlZR & WALTERS
ACCOUNTANCY CORPORATION
Santa Ana, California
March 19,2003
Certified Public Accountants
.- .. . .._. . , . , . ..
Member
American Inshtute of Certified Public Accountants Private Companies Section, AICPA Caldmia hety of Certified Public Accountants
~ 1
Beador Construction Company, Inc.
Balance Sheet
December 3 1,2002
ASSETS
Current Assets:
Cash (note 1) $ 332,057
Accounts receivable (note 2, schedule 3) 9 1 7,653
Due on retention (note 2, schedule 3) 488,5 18
Costs and estimated earnings on contracts in progress
in excess of related billings (note 1 , schedule 6) 115,047
Prepaid expenses 4,527
Total current assets $ 1,857,802
Property and Equipment (notes 1 and 13):
Autos and trucks
Machinery and equipment
Office fbrniture and equipment
Less accumulated depreciation
Total property and equipment
Other Assets
Deposits
Total other assets
Total assets
369,320
908,478
3 1,076
1,308,874
394,289
914,585
2,97 1
2,971
$' 2.775.358
The accompanying schedules and notes are integral parts of these financial statements.
See accountants' review report.
2
Beador Construction Company, Inc.
Balance Sheet
December 3 1,2002
LIABlLITIES AND STOCKHOLDER'S EQUITY
Current Liabilities:
Current portion of long-term debt (note 3)
Current portion of capital lease payable (note 8)
Accounts payable - trade (schedule 4)
Accounts payable - retention (schedule 4)
Accrued expenses
Credit card payable
Franchise tax payable (note 6)
Pension payable (note 10)
Accrued losses on contracts in progress (note 9)
Billings on contracts in progress in excess of related
costs and estimated earnings (note 1, schedule 6)
$ 100,130
606
1,069,386
207,4 10
90,482
25,509
3 0,43 3
10,698
132.059
3,473
Total current liabilities
Other Liabilities:
Due to stockholder (note 5)
Long-term debt, net of current portion (note 3)
Contingencies (note 11)
Total other liabilities
Total liabilities
Stockholder's Equity:
Common stock, $1 par value, 25,000 shares
Additional paid-in-capital
Retained earnings
authorized, issued and outstanding
Total stockholder's equity
Total liabilities and stockholder's equity
.-
$ 1,670,186
38,203
383,130 -
42 1,333
2,091,5 19
25,000
157,000
501,839
683,839
$ 2,775,358
The accompanying schedules and notes are integral parts of these ficial statements.
See accountants' review report.
3
Beador Construction Company, Inc.
Statement of Income and Retained Earnings
For the Year Ended December 3 1,2002
Income from contracts (note 1,
schedules 5 and 6): Contract Contract Gross
Revenues costs Profit
Contracts completed
during the year ended
December 3 1,2002 $ 3,599,731 $ 3,170,169 $ 429,562
Contracts in progress at
December 3 1,2002 6,530,341 5,532,404 997,937
$ 10,130,072 $ 8,702,573 1,427,499
(1 00.00%) (8 5.9 1 %)
I
Provision for losses on contracts in progress (note 9) 10,698
General and administrative expenses (schedule 1) 973,098
Income from operations 443,703
Other expense, net (schedule 2) 2 14,779
Income before provision for income taxes 228,924
Provision for California franchise tax (note 6) 3,473
Net income
Retained earnings, January 1,2002
Retained earnings, December 3 1,2002
225,45 1
276.3 88 ~- ~
$ 501.839
Percent
14.09 %
0.11
9.61
4.38
2.12
2.26
0.03
2.23 %
The accompanying schedules and notes are integral parts of these financial statements.
See accountants' review report.
4
Beador Construction Company, Inc.
Statement of Cash Flows (Note 13)
For the Year Ended December 3 1,2002
Cash Flows From Operating Activities:
Net income
Adjustments to reconcile net income to net
cash used by operating activities:
Loss on sale of property
Depreciation
(Increases) decreases in:
Accounts receivable
Due on retention
Costs and estimated earnings on contracts in
Prepaid expenses
Prepaid franchise tax
Employee advance
Deposit
Accounts payable and accrued expenses
Franchise tax payable
Accrued losses on contracts in progress
Billings on contracts in progress in excess of
related costs and estimated earnings
progress in excess of related billings
Increases (decreases) in:
Net cash provided by operating activities
Cash Flows From Investing Activities:
Proceeds from sale of property
Purchase of property and equipment
Net cash used by investing activities
Cash Flows From Financing Activities:
Payments on stockholder loan, net
Borrowings from line of credit
Payments on line of credit
Principal payments on long-term debt
Credit card borrowings
Payments on capital lease payable
Net cash used by financing activities
Net increase in cash
Cash, January 1,2002
Cash, December 3 1,2002 (note 1)
$ 225,451
1,773
182,576
3,880
48,629
(1 5,864)
188
3,800
16,334
(4,527)
423,479
10,698
3,473
(69,553)
830,337
54,698
(288,452)
(233,754)
(1 00,600)
1,794,081
(2,073,662)
(66,300)
18,744
(1,464)
(429,201)
167,382
164.675
$ 332,057
The accompanying schedules and notes are integral parts ofthese financial statements.
See accountants' review report.
5
Beador Construction Company, Inc.
Notes to Financial Statements
December 3 1,2002
Note 1 - Summary of Significant Accounting Policies:
General -
The Company is engaged in general construction and engineering and performs work
primarily under fixed-price contracts. It began operations as a California corporation in
June, 1998.
Revenue and Cost Recognition -
The Company determines construction earnings under the "percentage-of-completion"
method of accounting. Under this method, the Company recognizes as revenue that
proportion of the total revenue anticipated from each contract which the costs incurred to
date bear to the currently projected total costs. Provisions for estimated losses on
uncompleted contracts are made in the period in which such losses are determined.
Contract costs include all direct material and labor costs and those indirect costs related to
contract performance, such as indirect labor costs, equipment rental, and supplies.
Selling and general and administrative costs are charged to expense as incurred. -
The asset Tosts and estimated earnings on contracts in progress in excess of related
billings" (underbillings) represents revenue recognized in excess of amounts billed. All
amounts reported at December 3 1,2002 have been billed by the Company as of the date
of the accompanying accountants' review report.
The liability "Billings on contracts in progress in excess of related costs and estimated
earnings" (overbillings) represents amounts billed on contracts in excess of revenue
recognized.
Use of Estimates -
The preparation of financial statements in conformity with generally accepted accounting
principles requires management to make estimates and assumptions that affect the
reported amounts of assets and liabilities and disclosure of contingent assets and
liabilities at the date of the financial statements and the results of operations during the
reporting period. Actual results could differ from those estimates.
Compensated Absences -
The Company does not accrue compensated absences because the amounts are considered
immaterial.
See accountants' review report
6
Beador Construction Company, Inc.
Notes to Financial Statements
December 3 1,2002
Note 1 - Summary of Simificant Accounting Policies (continued):
Advertising -
The Company expenses advertising costs as they are incurred.
Cash -
Cash includes cash on hand and cash in checking and savings accounts. For purposes of
the statement of cash flows, the Company does not have any highly liquid debt
instruments, which are being treated as cash equivalents. One bank account balance
exceeded FDIC insured limit by $258,000 at December 3 1 , 2002.
Property and Equipment -
Property and equipment are carried at cost. Depreciation is determined using the straight-
line method over the estimated useful lives of the assets, ranging from 5 to 10 years.
Depreciation expense was $182,576 for the year ended December 31, 2002. Upon
retirement or disposal of assets, the cost and related accumulated depreciation are
removed from the accounts, and gain or loss, if any, is reflected in the earnings of the
period.
Note 2 - Accounts Receivable / Due on Retention:
It is the opinion of the management that all accounts receivable are collectible and,
accordingly, an allowance for bad debts has not been provided for in the accompanying
financial statements.
A portion of contract revenues, generally lo%, is customarily held back from payment
until all contract obligations are fulfilled by the Company. Retained amounts due to the
Company total $488,5 18, all of which were billed as of December 3 1,2002.
See supplemental Aging of Accounts Receivable (schedule 3).
See accountants’ review report
7
,- Beador Construction Company, Inc.
Notes to Financial Statements
December 3 1,2002
Note 3 - Long-Term Debt:
Long-term debt at December 3 1,2002 consists of the following:
Note payable, secured by various equipment, payable in
one interest only payment and 83 monthly installments
of $3,504, including interest at 2.75% plus prime. Due
December, 2009. $ 230,000
Note payable, secured by equipment, payable in 48 monthly
installments of $2,307, including interest at 6.72%. Due
October, 2006. 93,340
Note payable, secured by equipment, payable in 24 monthly
installments of $1,781, including interest at 8.9%. Due
May, 2003. 6,992
Note payable, secured by equipment, payable in 36 monthly
installments of $1,954, including interest at 10.64%. Due
April, 2003.
Note payable, secured by a vehicle, payable in 60 monthly
installments of $422, including interest at 5.79%. Due
May, 2007.
Note payable, secured by a vehicle, payable in 60 monthly
installments of $452, including interest at 0.9%. Due
September, 2006.
Note payable, secured by a vehicle, payable in 60 monthly
installments of $424, including interest at 9.25%. Due
October, 2003.
Note payable, secured by equipment, payable in 48 monthly
installments of $1,822, including interest at 6.46%. Due
December, 2005.
3,857
19,366
19,972
4,064
59,486
See accountants’ review report
8
Beador Construction Company, Inc.
Notes to Financial Statements
December 3 1 , 2002
Note 3 - Long-Term Debt (continued):
Note payable, secured by equipment, payable in 60 monthly
installments of $1,004, including interest at 3.08%. Due
January, 2007. 46.1 83
483,260
Less current portion (1 00.1 30)
Long-term debt, net of current portion $ 383.130
Principal payments due on long-term debt over the next five years are as follows:
Year ended
December 3 1,
2003
2004
2005
2006
2007
Thereafter
$ 100,130
92,699
98,369
75,907
37,893
78.262
$ 483,260
Note 4 - Line of Credit:
The Company has available a line of credit agreement with Fullerton Community Bank
which matures December 2003. The Company may borrow up to $400,000. Borrowings
under the line bear interest at 2.5% plus prime rate and are personally guarantied by its
stockholder and collateralized by the Company's assets. There were no borrowings on
the line of credit at December 3 1 , 2002.
,-
See accountants' review report
9
c
Beador Construction Company, Inc.
Notes to Financial Statements
December 3 1,2002
Note 5 - Related Party Transactions:
The Company’s stockholder has advanced funds in the amount of $1 13,998 to the
Company as of December 3 1,2002. The loan is expected to be repaid by December 3 1,
2003.
The Company advanced funds in the amount of $75,795 to its stockholder. The loan will
be repaid in 120 installment payments of $841, including interest at 6%. The loan will be
due December 20 12.
The Company is renting storage facilities from its stockholder. For the year ended
December 31, 2002, the Company paid $7,777 of rent, which was included in storage
expense, to the stockholder.
Note 6 - Provision for Income Taxes:
The Company, with the consent of its shareholder, has elected under the Internal Revenue
Code to be an S Corporation. In lieu of corporation income taxes, the shareholders of an
S Corporation are taxed on their proportionate share of the Company’s taxable income.
Therefore, no provision or liability for federal income taxes has been included in these
financial statements. In addition, only a minimal provision for state taxes has been
provided as the shareholder made a similar election with the state.
Note 7 - Operating Leases:
The Company leases space for its operations under a three-year operating lease, which
expires February 28,2005. The lease provides for annual rental increases of 3.41%. Rent
expense totaled $17,446 in the year ended December 3 1,2002.
The Company is leasing a vehicle under a three-year lease, expiring July 2004. Lease
expense, which was included in auto expenses, totaled $1 1,119 for the year ended
December 3 1,2002.
--
See accountants’ review report
10
.---
Beador Construction Company, Inc.
Notes to Financial Statements
December 3 1,2002
Note 7 - Operating Leases (continued):
The future minimum rental payments under the operating leases are as follows:
Year ended
December 3 1,
2003
2004
2005
2006
2007
Note 8 - Capital Leases Payable:
Amount
$ 32,162
28,464
4,007 - -
$ 64.633
The Company is leasing computer equipment under two capital leases at costs of $2,528
and $2,154. Both lease agreements provide a final fixed purchase price of $1 at the end
of the leases. The present value of the future minimum lease payments under these leases
and the corresponding liabilities have been recorded in the financial statements as fixed
assets and capital lease obligations. Amortization of these leased properties is included in
depreciation. Capital lease obligations at December 3 1,2002 consist of the following:
Lease payable, secured by computer equipment, payable
in 36 monthly installments of $84, one final payment due
in February, 2003. $ 168
Lease payable, secured by computer equipment, payable
in 36 monthly installments of $77, one final payment due
in June, 2003. 464
Less interest portion
Capital lease payable
Less current portion
632
0
606
(606)
Capital lease payable, net of current portion L
See accountants’ review report
11
Beador Construction Company, Inc.
Notes to Financial Statements
December 3 1 , 2002
Note 8 - Capital Leases Pavable (continued):
The future minimum lease payments as of December 3 1 , 2002 are as follows:
Year ended
December 3 1
2003
2004
2005
2006
2007
Amount
$ 632 - - -
$ 632
Note 9 - Provision for Losses on Contracts in Progress:
The total contract costs on two uncompleted jobs are expected to exceed the contract
amounts. For the year ended December 3 1, 2002, the Company incurred losses in the
amount of $64,088 on these contracts. The anticipated losses on the remaining contracts
were estimated to be $74,786 and were accrued as of December 3 1 , 2002.
Note 10 - Pension Plan:
The Company has a money purchase pension plan which covers qualified employees.
Employees are eligible for participation in the plan upon completion of two-year service.
Employee contributions are made based on a percentage of the participants’ wages. For
the year ended December 31, 2002, the expense recognized for employer contributions
totaled $30,433.
Note 11 - Off-Balance Sheet Risk
The Company operates mostly within one geographical area and performs its contracts
primarily for local governmental agencies. Accordingly, the risk exists that the ability to
collect amounts due from customers could be affected by economic fluctuations of the
region and/or the economic conditions of the municipalities.
See accountants’ review report
12
Beador Construction Company, Inc.
Notes to Financial Statements
December 3 1,2002
Note 12 - Contract Backlog:
The Company had no signed contracts at December 3 1,2002 that were not in progress.
Note 13 - Cash Flow Supplemental Information:
Non-cash investing and financing activities:
The Company incurred debt for the purchase of fixed assets in the amount of $251,436
during the year ended December 3 1,2002.
Cash paid for:
Interest
Taxes
See accountants’ review report
13
$ 73,525
800
SUPPLEMENTAL INFORMATION
.-
Salary - Officer
Salary - Office
Beador Construction Company, Inc.
Schedule 1 - General and Administrative Expenses
For the Year Ended December 3 1,2002
Payroll taxes
Auto expense (note 7)
Insurance
Equipment repairs and maintenance
Legal and accounting
Pension contribution (note 10)
Storage (note 5)
Telephone and utilities
Rent (note 7)
Plans
Office supplies and expense
Outside services
Loan fees
Postage and delivery
Printing and reproduction
Meals and entertainment
Bank service charges
Small tools
Licenses and permits
Charitable contribution
Business property tax
Amount
$ 159,375
183,363
23,436
156,546
143,665
79,245
42,538
30,433
26,466
26,208
17,446
16,614
14,054
10,627
10,220
8,015
7,636
6,836
3,719
3,562
2,793
250
51
Total general and administrative expenses $ 973,098
,.---
Percent
1.57 %
1.81
0.23
1.55
1.42
0.78
0.42
0.30
0.26
0.26
0.17
0.16
0.14
0.10
0.10
0.08
0.08
0.07
0.04
0.04
0.03
0.00
0.00
9.61 %
The accompanying schedules and notes are integral parts of these financial statements.
See accountants' review report.
14
/- ,
Interest income
Miscellaneous income
Loss on sale of property
Interest expense
Depreciation (note 1)
Total other expenses, net
Beador Construction Company, Inc.
Schedule 2 - Other Income and Expenses
For the Year Ended December 3 1,2002
$ (9,159)
(42,152)
1,773
81,741
182,576
$ 214.779
The accompanying schedules and notes are integral parts of these financial statements.
See accountants’ review report.
15
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I
BIDDER'S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
EL CAMINO REAL SEWER
TAMARACK AVENUE TO CHESTNUT AVENUE
CONTRACT NO. 3891 1
The Bidder is required to state what work of a similar character to that included in the proposed
Contract he/she has successfully performed and give references, with telephone numbers, which will
enable the City to judge hidher responsibility, experience and skill. An attachment can be used.
Name and Phone
No. of Person Name and Address
I I I I I
Revised 07/29/02 Contract No. 3891 1 Page 23 of 91 Pages
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0 -
- BIDDER'S CERTIFICATE OF INSURANCE FOR
GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE
LIABILITY AND WORKERS' COMPENSATION
(To Accompany Proposal)
EL CAMINO REAL SEWER
TAMARACK AVENUE TO CHESTNUT AVENUE
CONTRACT NO. 3891 1
As a required part of the Bidder's proposal the Bidder must attach either of the following to this page.
1) Certificates of insurance showing conformance with the requirements herein for each of:
Comprehensive General Liability
Automobile Liability
Workers Compensation
Employer's Liability
2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for
Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's
Liability in conformance with the requirements herein and Certificates of insurance to the Agency
showing conformance with the requirements herein.
All certificates of insurance and statements of willingness to issue insurance for auto policies offered
to meet the specification of this contract must:
1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance
company that the Contractor proposes.
2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate
must state the coverage is for "any auto" and cannot be limited in any manner.
Revised 07/29/02 Contract No. 3891 1 Page 24 of 91 Pages
ACORDm CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY)
01 I1 4/04
PRODUCER
3170 Inland Empire Blvd #IO0
Driver AllieRf psprance
ario, CA 91764
INSURER E: I
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
:OVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWlTHSTANDlNG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENTWTH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
IU~ 941 -6699
USURED
Beador Construction and David Beador
P.O. Box 1
Corona Del Mar, CA 92625
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSURERS AFFORDING COVERAGE NAIC #
INSURERA StarNet Insurance CompanylSSl
INSURER B A*L/ P&d,cr
INSURER C
INSURER D
MERCIAL GENERAL LlABlLlN
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
NERlEXECUTlVE
OTHER
)ESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
3e:El Camino Real Sewer, Tamarack Avenue to Chestnut Avenue, Project No.
3891-1; Carlsbad, CA
The City of Carlsbad, its officials, employees and volunteers are
additional insureds as respects liability arising out of acitivites
[See Attached Descriptions)
USURED
LIMITS
RDING COVERAGE NAIC #
I INSIIRFR A StarNet Insurance CompanylSSl A*L/ P&d,cr
EACHOCCURRENCE $1,000,000 DAMAGE TO RENTED
MED EXP (Any one person)
PERSONAL & ADV INJURY Sl,ooo,ooo
~a occurrence) $50,000
$5,000
GENERALAGGREGATE ~5,000,000
PRODUCTS - COMPIOP AGG $2,000,000
,- City of Carlsbad
Attn: Purchasing Department
1635 Faraday Avenue I ~--I-L-A m A nenna 9-4 A
COMBINED SINGLE LIMIT
BODILY INJURY (Per person)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPlRAllON
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITEN
NOllCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR UABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR -_-..--
$ BODILY INJURY (Per accident)
PROPERTY DAMAGE (Per accident) $
bar IJUaU, bH JLuuo-13 IY I
AUTO ONLY:
EACHOCCURRENCE
AGGREGATE
KtPKtStN rA IIVtS.
AUTHORIZED REPRESENTATIVE
5
WC STATU- OTH- TS FR
E.L. EACH ACCIDENT S
E.L. DISEASE -EA EMPLOYEE $
E.L. DISEASE -POLICY LIMIT 0
ACORD 25 (2001/08) 1 of 3 #I 14452 CMF 0 ACORD CORPORATION 1988
DESCRIPTIONS (Continued from Page 1)
performed by or on behalf of the Named Insured as per form L-3470 1202
attached. Prima+ insurance is included as respects the City, its officlas, I- ployees, and volunteers as per form attached.
.J Day Notice of Cancellation for Non-Payment of Premium
AMS 25.3 (2001/08) 3 Of3 #I 14452
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement@).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer@), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 254 (2001/08) 2 of 3 #I 14452
, . .-
A
POLICY NUMBER: 2SMCC3CPP034904 COMMERCIAL GENERAL LIABILITY
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:
The City of Carlsbad, its officials, employees and volunteers
1635 Faraday Avenue
Carlsbad. CA 92008-7314
Blanket as required by written contract.
(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 II) is amended to include as an insured the person or organization shown
in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you.
"It is agreed that such insurance as is afforded by this policy for the
benefit of the additional insured shown shall be primary insurance, and
any other insurance maintained by the additional insured(s) shall be
excess and non-contributory, but only as respects any claim, loss or
liability arising out of the operations if claim, loss or liability is determined
to be solely the negligence or responsibility of the named insured."
L-3470 12/02
I Page 1 of 1
Jan-29-04 04t26P
POLICY NUMBER
P.02
TYPE OF INSURANCE emve Date i ~xpim (at beginning of pollcy period)
Comprehensive BODILY INJURY AND
CERTIFICATE OF INSURANCE
at a STATE FARM FIRE AND CASUALTY COMPANY, Bloomington. Illinois Ix] STATE FARM GENERAL INSURANCE COMPANY, Bloornington, Illinois
STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontario 0 STATE FARM FLORIDA INSURANCE COMPANY, Wlnter Haven, Florida 0 STATE FARM LLOYDS, Dallas, Texas
insures the following policyholder far the coverages indicated below:
Name of policyholder AEADOR CONSTRUCTION COMPANY, INC.
EXCESS LIABILITY -
Umbrella
~
Address of policyholder 26320 LESTBR CIRCLE, CORONA, CA. gza~13-6399
Location of operations
Description of operatione CONSTRUCTION
The policies listed below haw been issued to the policyhotder for the policy periods shown. The insurance described in these policles is
subject to all the terms exclusions, and conditions of those paliaes. The limits of liabllity shown may have been reduced by any paid
claims.
I 1 POLICY PERIOD I LIMITS OF LIABILITY
POLICY PERIOD
D& EM~~ ~a~ i ~xplrabon .-
. .. - .-r
.
POLICY NUMBER
035-0211-D21-7~A
-----.-.-. , -- This insurance includes:
.-
a Other Aggregate $
Part 1 STATUTORY
I Part 2 BODILY INJURY
Workers’ Compensation
and Employers Liability Each Accident 8
Disease Each Employee $
Disease - Policy Limit S -
.. POLICY PERIOD LIMITS OF LIABILITY TYPE OF INSURANCE ~wi~ D* i (at beginning of polley period)
COMMERCIAL AUTO 04/20/03 / 04/20/04 $3,00~,000 COMBINED SINGLE LIMIT
Business Liability J . . - 0 Products - Campfeted Operations 0 Contractual Liability a Underground Hazard Coverage 0 Personal Injury
0 Advertising Injury
Explosion Hazard Coverage 0 Collapse Hazard Coverage 0 n
PROPERTY DAMAGE
Each Occurrence $
General Aggregate 8
Products - Completed S
Operations Aggregate
BODILY INJURY AND PROPERTY DAMAGE (Combined Single Limit)
Each Occurrence $
~
035-0205-021.75A I HIRED/NON-OWNED I 04/21/03 i 04/21/04 I $lJOOO,OOO COMBINED SINGLE LIMIT
ADDTTIONAL INSURED: CITY OF CARLSBAD, ITS OPYICIALS, EMPLOYEES,
6 VOLUNTEERS AS RESPECTS LIABILITY ARISING OUT OF ACTIVITIES
BY OR ON BEWF OF THE NAMED INSURED.
Name and Address of Certificate Holder
City o€ Carlsbad Purchasing Department
--35 Faraday Avenue :Isbad, CA. 92008-7314
I I I ~ __ -
THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEOATIVELY
AMENDS, EXTENDS OR ALTERS THE COVERAOE APPROVED BY ANY POLICY DESCRIBED HEREIN. Z”IRG&UDBS “ANY AUTO” If any of the described pollcies are canceled before
b expiration date, State Farm will try ta mail a
written notice to the certificate holder 3 0 days before
cancellation If however, we fail to mail such notice, no obligation or liabiltty will be imposed on State
--- ._ --
Signdm dAutb&ed Repmmntarve
AGhN‘I‘ Oh/ 1 u / 03
Titb Deta
Agent’s Code Stamp
CERTHOLDER COPY
STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807
Fu N D CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
CO M PEN SAT1 0 N INSURANCE
ISSUE DATE: 01-15-2004
CITY OF CARLSBAD
ATTN PURCHASING DEPT
1635 FARADAY AVE CARLSBAD CA 92008-7314
GROUP: POLICY NUMBER: 7663034-2003 CERTIFICATE ID: 58 CERTl FlCATE EXPIRES: 12 - 0 1 - 2 0 04 12-01-2003/12-01-2004
JOB: EL CAMINO REAL SEWER TAMARACK AVE TO CHESTNUT AVE PROJECT #3891-1
This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer.
We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions, of such policies.
AUTHORIZED REPRESENTATIVE PRESIDENl
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT #1600 - DAVID A BEADOR, PRS, TR, SC - EXCLUDED.
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 12-01-2000 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY.
EMPLOYER
BEADOR CONSTRUCTION COMPANY INC
26320 LESTER CIR
CORONA CA 92883
SClF 10262E Accept this certificate only if you see a faint watermark that reads "OFFICIAL STATE FUND DOCUMENT" bGN%: 01-15-2004 PAGE 1 OF1
BIDDER'S STATEMENT RE DEBARMENT
(To Accompany Proposal)
EL CAMINO REAL SEWER
TAMARACK AVENUE TO CHESTNUT AVENUE
CONTRACT NO. 3891 1
1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California?
J
Yes no
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.
party debarred patty debarred -
I agency agency --
period of debarment period of debarment
(print namehitle)
Page of ! pages of this Re Debarment form
@ Revised 07/29/02 Contract No. 3891 1 Page 25 of 91 Pages
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
Contractors are required by law to be licensed and regulated by the Contractors’ State License Board
which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent
act or omission is filed within four years of the date of the alleged violation. A complaint regarding a
latent act or omission pertaining to structural defects must be filed within 10 years of the date of the
alleged violation. Any questions concerning a contractor may be referred to the Registrar,
contractors’ State License board, P.O. Box 26000, Sacramento, California 95826.
EL CAMINO REAL SEWER
TAMARACK AVENUE TO CHESTNUT AVENUE
CONTRACT NO. 3891 1
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?
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?
Has the suspension or revocation of the license of any subcontractor’s that you propose to
perform any portion of the W
Yes no
ever been stayed? fl
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 - 1 of pages of this Disclosure of Discipline form
@ Revised 07/29/02 Contract No. 3891 1 Page 26 of 91 Pages
BIDDER'S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED)
(To Accompany Proposal)
EL CAMINO REAL SEWER
TAMARACK AVENUE TO CHESTNUT AVENUE
CONTRACT NO. 3891 1
6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to,
describe the nature of the violation and the condition (if any) upon which the disciplinary action
was stayed.
(If needed attach additional sheets to provide full disclosure.)
By:
(print nameltitle)
Page I of pages of this Disclosure of Discipline form
Revised 07/29/02 Contract No. 3891 1 Page 27 of 91 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF ORANGE
On &To(3cfz 8 ,2003 before me,
personally appeared, David A. Beador
personallv known to me (or proved to me on the basis of satisfactory evidence) to be the personis)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Judith L. Beador
NAME OF NOTARY PUBLIC
WITNESS my hand and official seal.
n
OPTIONAL INFOMATION
TITLE OR TYPE OF DOCUMENT
DATE OF DOCUMENT
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMI'TTED WITH BID
PUBLIC CONTRACT CODE SECTION 71 06
EL CAMINO REAL SEWER
TAMARACK AVENUE TO CHESTNUT AVENUE
CONTRACT NO. 3891 1
State of California ) ) ss. County of c)gzAbJO € )
DAVID h 1 BEADOR , being first duly sworn, deposes
(Name of Bidder)
and says that he ewdw is PRTs 1 DF (Title)
(Name of Firm)
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation; that the bid is
genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited
any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain
from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to
fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure
any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not,
directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof,
or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company association, organization, bid depository, or to any member or agent thereof to
effectuate a collusive or sham bid.
-
I declare under penal of perjury that the foregoing is true and correct and that this affidavit was
executed on the 8 Tc\ dayof (3 CTOQ €-R 1 2oas
Subscribed and sworn to before me on the fyL3 day of aT0s3F-R 120- 03.
-
Revised 07/29/02 Contract No. 3891 1 Page 28 of 91 Pages
I City of Carlsbad
September 24, 2003
ADDENDUM NO. 1
RE: EL CAMINO REAL SEWER, TAMARACK AVENUE TO CHESTNUT AVENUE,
Contract No. 3891-1
Please include the attached addendum in the Notice to BiddedRequest 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.
KEVIN DAVIS
Buyer
KD:jlk
Attachment
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1
1635 Faraday Avenue - Carlsbad, CA 92008-7314 (760) 602-2430 FAX (760) 602-8553
www.ci.carlsbad.ca.us Business License (760) 602-2495 - Utility Billing (760) 602-2420 - @ Purchasing (760) 602-2460 - FAX (760) 602-8556 - Bid Line (760) 602-2464
I
r
From:
CITY OF CARLSBAD
EL CAMINO REAL SEWER
TAMARACK AVE. TO CHESTNUT AVE.
Contract No. 38911
Addendum No. I
David Ahles, Project Manager
Phone: (760) 602-2748
Fax: (760) 602-8562
No. of Pages:
Date: September 23, 2003
Bid Opening Date:
1 (including this page)
October 8, 2003 4:OO pm (unchanged)
A. Contractor’s Proposal Page 10 of 91. Revise Bid Item No. 2 to the following:
“Construction Schedule LS $3,000.00 $3,000.00
Stipulated lump sum of
Three Thousand
Dollar (Lump Sum)
Contract No. 3891 1
Addendum No. 1
1
CONTRACT
PUBLIC WORKS
This agreement is made this a7& day of &&LUJLu
between the City of Carlsbad, California, a municipal corporation, (Geinafter called "City' ),
, 20 OF, by and
26320 LESTER CIRCLE CORONA CA 92883 (he reinafter
called "Contractor").
City and Contractor agree as follows:
1.
for:
Description of Work. Contractor shall perform all work specified in the Contract documents
EL CAMINO REAL SEWER
TAMARACK AVENUE TO CHESTNUT AVENUE
CONTRACT NO. 3891 1
(he rei nafter called lip roject")
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.
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 any supplements thereto, hereinafter designated "SSPWC", as issued by the Southern California Chapter of the American Public Works
Association, and as amended by the Supplemental Provisions section of this contract. The Engineer
will close the estimate of work completed for progress payments on the last working day of each
month.
Revised 07/29/02 Contract No. 3891 1 Page 29 of 91 Pages
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 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. Differing Conditions. Subsurface or latent physical conditions at the site differing from those
indicated.
C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual
nature, different materially from those ordinarily encountered and generally recognized as inherent in
work of the character provided for in the contract.
City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ,
or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time
required for, performance of any part of the work shall issue a change order under the procedures
described in this contract.
I
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.
e Revised 07/29/02 Contract No. 3891 1 Page 30 of 91 Pages
9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and
injury and liability of every kind, nature and description, directly or indirectly arising from or in 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.
* indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage,
Contractor shall also defend and indemnify the City against any challenges to the award of the
contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense
costs include the cost of separate counsel for City, if City requests separate counsel.
Contractor shall also defend and indemnify the City against any challenges to the award of the
contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by
the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense
costs for the City. Defense costs include the cost of separate counsel for City, if City requests
separate counsel.
10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, his or her agents, representatives,
employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in
- Resolution No. 91 -403.
(A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein:
a. Comprehensive General Liability Insurance: $1,000,000 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.
(6) 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.
@ Revised 07/29/02 Contract No. 3891 1 Page 31 of 91 Pages
a. The City, its officials, employees and volunteers are to be covered as additional insured as
respects: liability arising out of activities performed by or on behalf of the Contractor; products and
completed operations of the contractor; premises owned, leased, hired or borrowed by the
contractor. The coverage shall contain no special limitations on the scope of protection afforded to
the City, its officials, employees or volunteers. All additional insured endorsements must be
evidenced using separate documents attached to the certificate of insurance; one for each company
affording general liability, and employers' liability coverage.
b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its
officials, employees or volunteers shall be in excess of the contractor's insurance and shall not
contribute with it.
c.
to the City, its officials, employees or volunteers.
Any failure to comply with reporting provisions of the policies shall not affect coverage provided
d. Coverage shall state that the contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
(C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage
or limits except after thirty (30) days' prior written notice has been given to the City by certified mail,
return receipt requested.
(D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured
retention levels must be declared to and approved by the City. At the option of the City, either: the
insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the
City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of
losses and related investigation, claim administration and defense expenses.
(E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a
waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its
officials or employees.
(F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or
shall furnish separate certificates and endorsements for each subcontractor. Coverages for
subcontractors shall be subject to all of the requirements stated herein.
(G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's
Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a
listing in the official publication of the Department of Insurance of the State of California and/or under
the standards specified by the City Council in Resolution No. 91 -403.
(H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and
original endorsements affecting coverage required by this clause. The certificates and
endorsements for each insurance policy are to be signed by a person authorized by that insurer to
bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the
City and are to be received and approved by the City before the Contract is executed by the City.
(I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid.
-
a Revised 07/29/02 Contract No. 3891 1 Page 32 of 91 Pages
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 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 agreement is San Diego County,
California.
I have read and understand all provisions of Section 11 above. PA init 84 init
12. Maintenance of Records. Contractor shall maintain and make available at no cost to the
City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1,
Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's
principal place of business as specified above, Contractor shall so inform the City by certified
letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of
any change of address of such records.
13. Labor Code Provisions. The provisions of Part 7, Chapter 1 , commencing with section 1720
of the Labor Code are incorporated herein by reference.
e Revised 07/29/02 Contract No. 3891 1 Page 33 of 91 Pages
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
AlTACHED
(CORPORATE SEAL) I-.
CONTRACTOR:
-
(sign here)
(print name 6nd title)
MLO h.w. 4Ft*rrrei
President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under the corporate seal empowering that officer to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
c By:
Revised 07/29/02 Contract No. 3891 1 Page 34 of 91 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA 1
COUNTY OF ORANGE 1
OnJanuary 13, , 2004 before me, Judith L. Beador
personally appeared, David A. Beador
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) islare subscribed to the within instrument and acknowledged to me that hehhdthey
executed the same in his/her/their authorized capacity(ies), and that by hidherhheir signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
NAME OF NOTARY PUBLIC
WITNESS my hand and official seal.
OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT
DATE OF DOCUMENT
BOND NO.: 72-BCSCM7818
f
. BOND PREMIUM'IS INCLUDED IN PERFORMANCE BOND . '
LABOR AND MATERIALS BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. . 2003-331 ,adopted DECEMBER 16, 2003 , has awarded to
(hereinafter designated as the "Principal'), a Contract for: RFADOR CONSTRUCTION COMPANY INC
EL CAMINCI REAL SEWER TAMARACK AVENUE TO CHESTNUT AVENUE
CONTRACT NO. 3891 1
in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract
Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcantractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the
performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth.
NOW, THEREFORE, WE, BEADOR CONSTRUCTION COMPANY INC I as -
Principal, (hereinafter designated as the "Contractor"), and HARTFORD FIRE INSURANCE COMPAWs Surety, are held firmly bound unto the City of Carlsbad in the sum af FOUR HUNDRED TWENTV EIGHT THOWSAND THREE HUNDRED Dollars ($ 428,300.00),
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.
'
THE CONDITION OF THIS OBL[GATlON 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 Deparlment 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 attorney's fees, to be fixed by the court consistent with California Civil Code section 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 of 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 to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the
exbension of time, alterations or addition to the terms of the contract or to the work or to the specifications.
- same shall affect its obligations on this bond, and it does hereby waive notice of any change,
@ Revised 07J29/02 Contract No. 3891 1 Paue 35 of 91 Paues
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shalt not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this 9TH Executed by SURETY this 9TH kY
04 JANUARY of ,20-. JANUARY ’ 04 day of l20-.
CONTRACTOR:
BEADOR CONSTRUCUgN COMPANY, INC.
SUREFY:
HARTFORD FIRE INSURANCE COMPANY
(print name here) n - rWA
(tifib anmafi+tion of signatory)
-
(title and organization of signatary)
8
rinted name of .Attorney-in-Fact)
showing current power
(Proper notarial acknowledgment of execdon by CONTRACTOR and SURW 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 empbwering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
a Revised 07/29/02 Contract No. 3891 1 Paw 36 of 91 Paaes
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA 1
COUNTY OF ORANGE 1
On January 13, ,2004 before me, Judith L. Beador
personally appeared, David A. Beador
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) idare subscribed to the within instrument and acknowledged to me that hdshdthey
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
NAME OF NOTARY PUBLIC
WITNESS my hand and official seal.
II
OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT
DATE OF DOCUMENT
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF ORANGE
On 1 4 1 04
personally appeared, YUNG T. MULLICK
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in hishedtheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
before me, JENNIFER C. GIBONEY
NAME OF NOTARY PUBLIC
WITNESS my hand and official seal.
JENNIFER C. GIBONEY
COMM. #1251235 NOTARY PUBLIC-CALIFORNIA z ORANGE COUNTY E
1
MV Comrn. EXD. Jan. 23.2004 If
OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT
DATE OF DOCUMENT
POWER OF ATTORNEY HARTFORD PLAUI .. HARTFORD, CONNECTICUT 061 15
Hartford Fire insurance Company Twin City Fire Insurance Company rj 0 Hartford Casualty Insurance Company 0 Hartford Accident and Indemnity Company 0 Hartford Undenvriters . Insurance --. Company
- Hartford Insurance Company of Illinois 0
Hartford insurance Company of the Midwest E
Hartford Insurance Company of the Southeast i' r---
~
KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Fire lnsumnce Company, Hartlord Accidenc and Indenm,, Company and Hartlord Underwrifers lnsurance Company, corporations duly organized under the laws of the State of Connechcut Harn'orc
Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois; Hartford Casualty Insurance Company, Twin City Fire lnsurance Company and Hartford Insurance Company of the Midwest, corporations duty organized under the laws of the State of Indiana; and Hartford Insurance Compeny of the Sovtheest, a corporation duly organized under the laws of the State of Flonda having their home office in Hartford, Connecticut, (hereinafter collectively refened to as the 'Companles') do hereby make, consbtute and appoint, up to the amount of unlimlted:
James W. Moilanen, Yung T. MuIiick, Jennifer C. Giboney, Frances Lefler
of Laguna Hills, CA
their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies)
only as delineated above by @, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other wntten instruments in the nature thereof, on behalf of the Companies in their buslness of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings
allowed by law.
IRWItness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000. the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed. duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the'Cornpanles hefeDj unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Anorney
Paul A. Bergenholtz, Asslstanl Secretary John P. Hyiand, Assistant Vice President
ss. Hartford STATE 0 F CONN ECTlCUT
COUtrry OF HARTFORD
On this 19" day of September, 2000, before me personally came John P. Hyland, to me known, who being by me duly sworn, did depose and say:that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies. the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said Instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said cofwrauons and that he signed his name thereto by like authority.
Jean ti. Wozniak Notary Public My Commission Expires June 30. 20%
I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true anc correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of JANUARY 9, 2004 Signed and sealed at the Ci of Hartford.
(3-uUuL-
Colleen Mastroianni. Assistant Vice President
................................................................................................................................................................................. - BOND NO.: 72-BCSCM7818
BOND PREMIUM: $5,487.00
I
BOND PREMIUM IS BASED ON FINAL CONTRACT PRICE
FAITHFUL PERFORMANCEnrVARRANTY BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2003-331,
adopted DECEMBER 16.2003 , has awarded to
(hereinafter designated as the "Principal"), a Contract for: BEADOR CONSTRUCTION COMPANY INC
EL CAMINO. REAL SEWER TAMARACKAVENUE TO CHESTNUT AVENUE
CONTRACT NO. 3891 -1
in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond for the faithful performance and warranty of said Contract:
NOW, THEREFORE, WE, BEADOR CONSTRUCTION COMPANY. INC, as Principal, (hereinafter
as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of FOUR HUNDRED TWENTY EIGHT THOUSAND. THREE-HUNDRED Dollars ($ 428,300.00 ), said
sum being equal to one hundred percent ('loo%) 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, &x€!cubors and administrators, successors or assigns, jointly end severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that 'if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in
the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipidated, then this obligation shall become null and void; othemise it shall remain in full force and effect.
'
designated as the "ConWctof), and HARTFORD FIRE INSURANCE COMPANY b
a
As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's
fees, incurred by the City in suc~essfully enforcing such obligation, all to be taxed as casts and included in any judgment rendered.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terns 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.
--
e Revised 7/29/02 Contract No. 3891 I Page 37 of 91 Pages
.....
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this 9TH
day of _. JANUARY ,20-, 04
CONTRACTOR:
BEADOR CONSTRUCTION COMPANY, INC.
9TH Executed by SURETY this day of
04 JANUARY
3 20-.
SURETY:
HARTFORD FIRE INSURANCE COMPANY
By:
(print name here)
(Title and Organizasn of Signatory)
I
By:
[sign here) .
Mu10 &i%toce
6-
(print name here)
(Title and Organization of signatory)
(name of Surety)
ONE POINTE DRIVE, SUtTE 220 P.0, BOX 2333 BREA CA. 92822
. (telephydnufber , of Surety)//
signatu f Attorney4n-Fa ) @Y YUN T. MULLICK
(prin d name of Attorney-in-Fact) P
(A& corporate resolution showing current
power of attorney.) SEE ATTACHED
(Proper notarial acknowledgment of execution by CONTFlACTOR and SURETY must be attached.}
(President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
a Revised 07/29/02 Contract No. 3891 1 Page 38 of 91 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF ORANGE
On ‘1 4 1 o$ before me, JENNIFER C. GIBONEY
NAME OF NOTARY PUBLIC I .-
personally appeared, YUNG T. MULLICK
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in hishedtheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
rOTARY PUBLIC SIGNATURE I
OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT
DATE OF DOCUMENT
,-
I
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA 1
COUNTY OF ORANGE 1
Dn January 13, , 2004 before me, Judith L. Beador
NAME OF NOTARY PUBLIC
personally appeared, David A. Beador
personallv known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) idare subscribed to the within instrument and acknowledged to me that hdshdthey
executed the same in his/her/their authorized capacity(ies), and that by hidhedtheir signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
h
OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT
DATE OF DOCUMENT
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 El Camino Real Sewer, Tamarack Avenue to Chestnut
Avenue - Contract No. 38911 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 City 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. -
e Revised 07/29/02 Contract No. 3891 1 Page 39 of 91 Pages
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account
only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor.
7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent
shall immediately convert the securities to cash and shall distribute the cash as instructed by the City.
8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the
Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less
escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.
9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and
interest as set forth above.
10. The names of the persons who are authorized to give written notices or to receive written notice
on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of
their respective signatures are as follows:
For City:
For Contractor:
For Escrow Agent:
Title FINANCE DIRECTOR
Name
Signature
Address
Title
Name
Signature
Address
Title
Name
Signature
Address
At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent
a fully executed counterpart of this Agreement.
lfs, Revised 07/29/02
~______---- -
Contract No. 3891 1 Page 40 of 91 Pages
~~ ~~
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the
date first set forth above.
For City:
For Contractor:
For Escrow Agent:
Revised 07/29/02
-~ ~
Title MAYOR
Name
Signature
Address
Title
Name
Signature
Address
Title
Name
Signature
Address
Contract No. 3891 1 Page 41 of 91 Pages
_. . _-
SUPPLEMENTAL PROVISIONS
FOR
EL CAMINO REAL SEWER
TAMARACK AVENUE TO CHESTNUT AVENUE
CONTRACT NO. 3891 1
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:
1-1.1 Reference to Drawings. Where words "shown", "indicated, "detailed", "noted", "scheduled",
or words of similar import are used, it shall be understood that reference is made to the plans
accompanying these provisions, unless stated otherwise.
Add the following section:
1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are
used, it shall be understood that the direction, designation or selection of the Engineer is intended,
unless stated otherwise. The word "required" and words of similar import shall be understood to
mean "as required to properly complete the work as required and as approved by the Engineer,"
unless stated otherwise.
Add the following section:
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.
Revised 07/29/02 Contract No. 3891 1 Paae 42 of 91 Paaes
City Council -the City Council of the City of Carlsbad.
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 his/her approved representative.
The Engineer is the third level of appeal for informal dispute resolution.
Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original
Contract Price bid.
Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired,
directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further,
such employees have their employment taxes, State disability insurance payments, State and
Federal income taxes paid and administered, as applicable, by the Contractor. When used in
Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases
and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an
operator is not part of the Contractor's Own Organization and will not be included for the purpose of
compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions.
Owner OperatodLessor - Any person who provides equipment or tools with an operator provided
who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee
of the Agency or a public utility.
Principal Inspector - The Senior Inspector's immediate supervisor and second level of appeal for
informal dispute resolution.
Project Inspector - the Engineer's designated representative for inspection, contract administration
and first level for informal dispute resolution.
Senior Inspector - the Project Inspector's immediate supervisor and first level of appeal for informal
dispute resolution.
1 -3 AB BR EVl AT1 ONS
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
Dwg. No .................................. Drawing Number
Revised 07/29/02 Contract No. 3891 1 Paae 43 of 91 Paaes
gpm ........................................g allons per minute
IE ............................................ Invert Elevation
LCWD ..................................... Leucadia County Water District
MSL ........................................ Mean Sea Level (see Regional Standard Drawing M-12)
MTBM ..................................... Microtunneling Boring Machine
NCTD ..................................... North County Transit Distrct
OHE ........................................ Overhead Electric
OMWD ................................... Olivenhain Municipal Water District
ROW ...................................... Rig ht-of-Way
S ............................................. Sewer or Slope, as applicable
SDNR ..................................... San Diego Northern Railway
SDRSD ................................... San Diego Regional Standard Drawing
SFM ........................................ Sewer Force Main
T ............................................ .Telephone
UE .......................................... Underground Electric
W ............................................ Water, Wider or Width, as applicable
VWD ...................................... .Vallecitos Water District
SECTION 2 -- SCOPE AND CONTROL OF THE WORK
2-3 SUBCONTRACTS.
2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring
the Contractor to complete 50 percent of the contract price with its own organization, the Agency may
at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of the
value of the work performed in excess of 50 percent of the contract price by other than the
Contractor’s own organization. The City Council shall be the sole body for determination of a violation
of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a
public hearing before the City Council and shall be notified ten (10) days in advance of the time and
location of said hearing. The determination of the City Council shall be final.
2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows:
is listed in the latest version of U.S. 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.
Revised 07/29/02 Contract No. 3891 1 Pane 44 nf 91 Pnnnn
The faithful petformance/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.
Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following
documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the 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.
instrument entitling or authorizing the person who executed the bond to do so.
2-5 PLANS AND SPECIFICATIONS.
2-5.1 General, add the following: The specifications for the work include the Standard Specifications for Public Works Construction, (SSPWC), 2000 Edition, and any supplements thereto, hereinafter designated "SSPWC", as written and promulgated by Joint Cooperative Committee of the Southern California Chapter American Public Works Association and Southern California Districts Associated General Contractors of California, and as amended by the Supplemental Provisions section of this contract.
The construction plans consist of one set designated as City of Carlsbad Drawing No. 410-2 and consists of 8 sheets. The standard drawings used for this project are the latest edition of the San
Diego Area Regional Standard Drawings, hereinafter designated SDRS, as issued by the San Diego County Department of Public Works, together with the 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) Technical Specifications 3) Supplemental Provisions.
4) Plans.
5) 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.
6) Standard Specifications for Public Works Construction. 7) Reference Specifications.
8) Manufacturer's Installation Recommendations.
f3, Revised 07/29/02 Contract No. 3891 1 Page 45 of 91 Pages
Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 8) above. Detailed plans and plan views shall have
precedence over general plans.
2-5.3.3 Submittals, add the following: Each submittal shall be consecutively nu'mbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal
on the Contractor's letterhead. The Letter of transmittal shall contain the following:
1) Project title and Agency contract number. 2) Number of complete sets.
3) Contractor's certification statement.
4) Specification section number@) pertaining to material submitted for review.
5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.)
6) Description of the contents of the submittal.
7) Identification of deviations from the contract documents.
The Engineer is allowed 30 calendar days for review and response to submittals. 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."
By: Title:
Date:
Company Name:
Add the following:
2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete "as-built"
record set of blue-line prints, which shall be corrected in red daily and show every change from the
original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment,
underground piping, valves, and all other work not visible at surface grade. Prints for this purpose
may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be
used only as a record set and shall be delivered to the Engineer within ten (10) days of completion
of the work. Payment for performing the work required by section 2-5.4 shall be included in the various bid items and no additional payment will be made therefor.
2-9 SURVEYING
2-9.1 Permanent Survey Markers, Delete sections 2-9.1 and replace with the following: The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting
an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or
a registered civil engineer authorized to practice land surveying within the State of California,
hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record@) as required by $9
8772 and 8773, et seq. of the California Business and Professions Code.
Revised 07/29/02 Contract No. 3891 1 Pam 46 of 91 Pnnnn
When a change is made in the finished elevation of the pavement of any roadway in which a
permanent survey monument is located, the Contractor shall adjust the monument frame and cover
to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument
frames and covers shall be protected during street sealing or painting projects or be cleaned to the
satisfaction of the Engineer.
2-9.2 Survey Service, Delete sections 2-9.2 and replace with the following: The Contractor shall
hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for
establishing control, construction staking, records research and all other surveying work necessary to
construct the work, provide surveying services as required herein and provide surveying, drafting and,
other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor
shall be resident on the site during all surveying operations and shall personally supervise and certify
the surveying work.
Add the following section:
2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform to the
requirements of section 2-5.3.3, “Submittals”, herein. The Contractor shall submit grade sheets to
the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall
submit field notes for all surveying required herein to the Engineer within ten days of performing the
survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound
form on 215mm by 280 mm (8‘/$ 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 99 8700 - 8805 of the State of California Business and Professions Code when the
Surveyor performs any surveying that such map is required under 35 8762 of the State of California
Business and Professions Code and whenever the Surveyor shall establish, set or construct any
permanent survey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and
nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or
accessory to, property corners and street centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and
all other data needed to determine the procedure of survey and the degree of accuracy attained by
the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not
exceed 1 part in 40,000. The record of survey shall show the location and justification of location of
all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s)
shall be submitted for the Engineer’s review and approval before submittal to the County Surveyor
and before submittal to the County Recorder.
Add the following section:
2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no 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
Revised 07/29/02 Contract No. 3891 1 Paae 47 of 91 Paaes
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.
Feature Staked Stake Centerline or Parallel to Centerline Lateral Description Spacing@, Q Spacing 0,O a RP + Marker I 15 m (50') on tangents & curves when R1 as appropriate
Stake 300m (1 000') & 5 7.5m (25') on curves when
R I 300m (1 000') or where grade I 0.30%
Utilities 0,
Sewer main Sewer laterals
Setting Tolerance (Within)
10 mm (3/q") Horizontal & 7 mm ( 14") Vertical
~~ Type of Stake ~
Horizontal Control
Vertical Control
Clearing
Grading
Description Color*
Coordinated control points, control lines, control reference points, centerline,
alignments, etc.
Bench marks W hite/Orange
Limits of clearing Yellow/Black
Slope, intermediate slope, abutment fill, rough grade, contour grading, final Yellow
W hite/Red
Structure
Drainage, Sewer, Curb
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.
grade, etc. I
Bridges, sound and retaining walls, box culverts, etc.
Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm
I White I Blue
Revised 07/29/02
Right-of-W ay
Miscellaneous
Contract No. 3891 1
drains, slope protection, curbs, gutters, etc.
Fences, R/ W lines, easements, property monuments, etc.
Signs, railings, barriers, lighting, etc.
I 1 W hiteNellow
Orange
Paae 48 of 91 Paaes
2-10 AUTHORITY OF BOARD AND ENGINEER.
Add the following section:
3-1 0.1 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 andlor make available, to the
Engineer, within San Diego County, accurate books and accounting records relative to all its
activities and to contractually require all subcontractors to this Contract to do the same. The
Engineer shall have the right to monitor, assess, and evaluate Contractor’s and its subcontractors
performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include,
but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of
Contractor‘s staff and the staff of all subcontractors to this contract. At any time during normal
business hours and as often as the Engineer may deem necessary, upon reasonable advance
notice, Contractor shall make available to the Engineer for examination, all of its, and all
subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and
records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data
relating to all matters covered by this Contract. However, any such activities shall be carried out in a
manner so as to not unreasonably interfere with Contractor’s ongoing business operations.
Contractor and all subcontractors to this contract shall maintain such data and records for as long as
may be required by applicable laws and regulations.
SECTION 3 -- CHANGES IN WORK
3-2 CHANGES INITIATED BY THE AGENCY.
3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in
quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of
contract unit price for such items will be limited to that portion of the change in excess of 25 percent
of the original quantity listed in the Contractor’s bid proposal for this contract. Adjustments in excess
of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work.
3-3 EXTRA WORK.
3-3.2.2 ( c ) Tool and Equipment Rental, 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, Delete sections 3-3.2.3 (a) and (b) and replace with the following:
Revised 07/29/02 Contract No. 3891 1 Pane 49 of 91 Pages
(a) and shall constitute the markup for all overhead and profits: 1) Labor ................................... 20
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.
Work by Contractor. The following percentages shall be added to the Contractor‘s costs
2) Materials ............................. 15
3) Equipment Rental ................... 15
(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.
3-4 CHANGED CONDITIONS.
Delete the second sentence of paragraph three, delete paragraph five (5), and add the following: The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure
to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of
any event, thing, occurrence, or other cause, unless the Contractor shall have first given the
Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation
as to contract quantities. The written notice of potential claim for changed conditions shall be
submitted by the Contractor to the Engineer upon their discovery and prior to the time that the
Contractor performs the work giving rise to the potential claim. The Contractor’s failure to give
written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith.
The Contractor shall provide the City with a written document containing a description of the
particular circumstances giving rise to the potential claim, the reasons for which the Contractor
believes additional compensation may be due and nature of any and all costs involved within 20
working days of the date of service of the written notice of potential claim for changed conditions.
Verbal notifications are disallowed.
The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-1 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:
a Revised 07/29/02 Contract No. 3891 1 Paae 50 of 91 Paaes
The Contractor's estimate of costs may be updated when actual costs are known. The Contractor
shall submit substantiation of its actual costs to the Engineer within 20 working days after the
affected work is completed. Failure to do so shall be sufficient cause for denial of any claim
subsequently filed on the basis of said notice of potential claim.
It is the intention of this section that differences between the parties arising under and by virtue of the
contract be brought to the attention of the Engineer at the earliest possible time in order that such
matters be settled, if possible, or other appropriate action promptly taken.
3-5 DISPUTED WORK.
Add the following: The Contractor shall give the agency written notice of potential claim prior to
commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in
connection therewith.
Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute
resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command:
1. Project Inspector
2. Senior Inspector
3. Principal Inspector
4. Public Works Director
5. City Manager
The Contractor shall submit a complete report within 20 working days after completion of the
disputed work stating its position on the claim, the contractual basis for the claim, along with all
documentation supporting the costs and all other evidentiary materials. At each level of claim or
appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review
the Contractor's report and respond with a position, request additional information or request that the
Contractor meet and present its report. When additional information or a meeting is requested the
City will provide its position within 10 working days of receipt of said additional information or
Contractor's presentation of its report. The Contractor may appeal each level's position up to the City
Manager after which the Contractor may proceed under the provisions of the Public Contract Code.
The authority within the dispute resolution chain of command is limited to recommending a resolution
to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions
in the contract.
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
201 04) 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.
Cnntraat Nn. 3891 1 Paae 51 of 91 Paaes
(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.
201 04.2. For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the claim.
Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to
extend the time limit or supersede notice requirements otherwise provided by contract for the filing of
claims.
(b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in
writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30
days of receipt of the claim, any additional documentation supporting the claim or relating to
defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted to the
claimant within 15 days after receipt of the further documentation or within a period of time no greater
than that taken by the claimant in producing the additional information, whichever is greater.
(c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred
seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written
claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of
the claim, any additional documentation supporting the claim or relating to defenses to the claim the
local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted to
the claimant within 30 days after receipt of the further documentation, or within a period of time no
greater than that taken by the claimant in producing the additional information or requested
documentation, whichever is greater.
(d) If the claimant disputes the local agency's written response, or the local agency fails to respond
within the time prescribed, the claimant may so notify the local agency, in writing, either within 15
days of receipt of the local agency's response or within 15 days of the local agency's failure to
respond within the time prescribed, respectively, and demand an informal conference to meet and
confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a
meet and confer conference within 30 days for settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any portion remains in dispute, the
claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2
(commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For
purposes of those provisions, the running of the period of time within which a claim must be filed
shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a)
until the time that claim is denied as a result of the meet and confer process, including any period of
time utilized by the meet and confer process.
(f) This article does not apply to tort claims and nothing in this article is intended nor shall be
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.
Pane 53 nf R1 Pnhnn a Revised 07/29/02 Contract No. 3891 1
~~ ____- . __
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 11 41.1 0) of Title 3 of Part 3 of the Code of Civil Procedure,
notwithstanding Section 1141 .ll of that code. The Civil Discovery Act of 1986 (Article 3 (commencing
with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any
proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed
for purposes of this article shall be experienced in construction law, and, upon stipulation of the
parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to
exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except
in the case of arbitration where the arbitrator, for good cause, determines a different division. In no
event shall these fees or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141.1 0) 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 201 04.4, 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.
Revised 07/29/02 Contract No. 3891 1 Page 53 of 91 Pages
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.
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@), 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.
a Revised 07/29/02 Contract No. 3891 1 Paae 54 of 91 Paaes
SECTION 5 -- UTILITIES
5-1 LOCATION.
Delete the first paragraph and substitute the following: The Agency and affected utility companies
have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities
which exist within the limits of the work. However, the accuracy and/or completeness of the nature,
size and/or location of utilities indicated on the Plans is not guaranteed. Contractor shall contact
SDG&E and Kinder-Morgan Energy Partners prior to construction and coordinate for standby as
required for their facilities. Provide minimum notification as required by SDG&E.
POTHOLE EXISTING UTILITIES: Existing utilities shown on the drawings are approximate only
based on as-builts obtained from utility companies. Provide traffic control and obtain permits prior to
commencing potholing. Pothole and survey all existing utilities crossing the new pipeline and at
connection points prior to ordering any materials. Provide all equipment, materials, supplies, and
labor for the prosecution of pothole and survey.
Determine potential conflicts and submit pothole and survey data to the Engineer for review.
Coordinate possible changes to the new pipeline based on Engineer’s determination. Pothole data
shall be submitted in a clear format and shall include existing utility horizontal location, elevation,
size, configuration, angular alignment, and materials of construction. Allow minimum of two weeks
for modification of new pipeline to meet field conditions. This shall be the first item of work prior to
beginning any construction. Coordinate potholing requirements and schedule during the pre-
construction meeting. All cost for potholing shall be considered as part of the stipulated lump sum
price for the bid item to perform exploratory excavations for underground utilities and no additional
compensation will be allowed.
5-4 RELOCATION.
Add the following: In conformance with section 5-6 the Contractor shall coordinate the work with
utility agencies and companies. Prior to the installation of any and all utility structures within the limits
of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb
and gutter that is a part of the work and adjacent to the location where such utility structures are
shown on the plans and are noted as being located, relocated or are otherwise shown as installed by
others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate
utilities that interfere with the construction, the Contractor, upon the Engineer’s approval, may be
permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is
approved by the Engineer the Contractor shall place survey or other physical control markers
sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company.
Such temporary omission shall be for the Contractor’s convenience and no additional compensation
will be allowed therefor or for additional work, materials or delay associated with the temporary
omission. The portion thus omitted shall be constructed by the Contractor immediately following the
relocation of the utility involved unless otherwise directed by the Engineer.
Revised 07/29/02 Contract No. 3891 1 Paae 55 of 91 Paaes
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 .l Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will
set the time and location for the Preconstruction Meeting. Attendance of the Contractor's
management personnel responsible for the management, administration, and execution of the
project is mandatory for the meeting to be convened. Failure of the Contractor to have the
Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for
default by Contractor per section 6-4. No separate payment will be made for the Contractor's
attendance at the meeting. The notice to proceed will only be issued on or after the completion of
the preconstruction meeting.
Add the following section:
6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline
Construction Schedule per the submittal requirements of section 2-5.3. The submittal of the Baseline
Construction Schedule shall include each item and element of sections 6-1.2 through 6-1.2.9 and
shall be on hard (paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media.
Add the following section:
6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall
prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the
precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall
depict a workable plan showing the sequence, duration, and interdependence of all activities
required to represent the complete performance of all project work as well as periods where work is
precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of
the notice to proceed and conclude with the date of final completion per the contract duration. The
Baseline Construction Schedule shall include detail of all project phasing, staging, and sequencing,
including all milestones necessary to define beginning and ending of each phase or stage.
Add the following section:
6-1.2.1 Time-Scaled Network Diagram. As a part of the Baseline Construction Schedule the
Contractor shall prepare and submit to the Engineer a complete time-scaled network diagram
showing all of the activities, logic relationships, and milestones comprising the schedule.
Add the following section:
6-1.2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall
prepare and submit to the Engineer a tabular listing of all of the activities, showing for each activity
the identification number, the description, the duration, the early start, the early finish, the late start,
the late finish, the total float, and all predecessor and successor activities for the activity described.
Revised 07/29/02 Contract No. 3891 1 Pane Fifi nf Q1 Pannc
Add the following section:
6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare
and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture
patterns or distinctive line types to show the critical path.
Add the following section:
6-1.2.4 Schedule Software. The Contractor shall use commercially available software equal to
the Windows 95 compatible “Suretrak” program by Primavera or “Project” program by Microsoft
Corporation to prepare the Baseline Construction Schedule and all updates thereto. The Contractor
shall submit to the Agency a 89 mm (3.5”) data disk with all network information contained thereon, in
a format readable by a Microsoft Windows 95 system. The Agency will use a “Suretrak”, ”Project” or
equal software program for review of the Contractor’s schedule.
Add the following section:
6-1.2.5 Schedule Activities. Except for submittal activities, activity durations shall not be shorter
than 1 working day nor longer than 15 working days, unless specifically and individually allowed by
the Engineer. The Baseline Construction Schedule shall include between 20 and 100 activities,
including submittals, interfaces between utility companies and other agencies, project milestones and
equipment and material deliveries. The number of activities will be sufficient, in the judgment of the
Engineer, to communicate the Contractor’s plan for project execution, to accurately describe the
project work, and to allow monitoring and evaluation of progress and of time impacts. Each activity’s
description shall accurately define the work planned for the activity and each activity shall have
recognizable beginning and end points.
Add the following section:
6-1.2.6 Float.
to whatever party or contingency first exhausts it.
Float or slack time within the schedule is available without charge or compensation
Add the following section:
6-1.2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency
supplied materials, equipment, or services, which may impact any activity’s construction shall be
shown as a restraint to those activities. Time periods to accommodate the review and correction of
submittals shall be included in the schedule.
Add the following section:
6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer
than the specified contract duration will not be acceptable and will be grounds for determination of
default by Contractor, per section 6-4.
em %$ Revised 07/29/02
~~ ~
Contract No. 3891 1 Page 57 of 91 Pages
Add the following section:
6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor’s plan to
support and maintain the project for the entire contractual time span of the project. Should the Contractor propose a project duration shorter than contract duration, a complete Baseline
Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance
with all schedule requirements of section 6-1. The Engineer may choose to accept the Contractor’s
proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the
shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public
and private, which interface with the project are able to support the provisions of the shortened
Baseline Construction Schedule. The Agency’s acceptance of a shortened duration project will be
confirmed through the execution of a contract change order revising the project duration and
implementing all contractual requirements including liquidated damages in accordance with the
revised duration.
Add the following section:
6-1.2.10 Engineer’s Review. The Construction Schedule is subject to the review of the Engineer.
The Engineer’s determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition precedent to
issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction
Schedule does not meet the requirements of these specifications the Contractor shall correct the
Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the
Contractor to obtain the Engineer’s determination that the initial Construction Schedule proposed by
the Contractor complies with the requirements of these supplemental provisions within thirty (30)
working days after the date of the preconstruction meeting shall be grounds for termination of the
contract per section 6-4. Days used by the Engineer to review the initial Construction Schedule will
not be included in the 30 working days.
The Engineer will review and return to the Contractor, with any comments, the Baseline Construction
Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned
marked as per sections 6-1.2.1 0.1 through 6-1.2.1 0.3.
Add the following section:
6-1.2.10.1 “Accepted.”
Notice to Proceed, and will receive payment for the schedule in accordance with section 6-1.8.1.
The Contractor may proceed with the project work upon issuance of the
Add the following section:
6-1.2.10.2 “Accepted with Comments.” The Contractor may proceed with the project work upon
issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the
comments prior to receipt of payment per section 6-1.8.1.
Add the following section:
6-1.2.1 0.3 “Not Accepted.” The Contractor must resubmit the schedule incorporating the corrections and changes of the comments prior to receipt of payment per section 6-1.8.1. The Notice
to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as
required hereinbefore and marked “Accepted” or “Accepted with Comments” by the Engineer. The
Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract
under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments
are not submitted as required hereinbefore and marked “Accepted” by the Engineer.
@ Revised 07/29/02 Cnntract Nn RAW I
Add the following section:
6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the
Engineer during the last week of each month to agree upon each activity’s schedule status and shall
submit monthly updates of the Baseline Construction Schedule confirming the agreements no later
than the fifth working day of the following month. The monthly update will be submitted on hard
(paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media per the submittal
requirements of section 2-5.3 and will include each item and element of sections 6-1.2 through 6-
1.2.9 and 6-1.3.1 through 6-1.3.7.
Add the following section:
6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed during
the month. After first reporting an actual date, the Contractor shall not change that actual date in
later updates without specific notification to the Engineer with the update.
Add the following section:
6-1.3.2 Activity Percent Complete.
Contractor shall report the percentage determined by the Engineer as complete for the activity.
For each activity underway at the end of the month, the
Add the following section:
6-1.3.3 Electronic Media. The schedule data disk shall be a 89 mm (3’/;) high density diskette,
labelled with the project name and number, the Contractor’s name and the date of preparation of the
schedule data disk. The schedule data disk shall be readable by the software specified in section 6-
1.2.4 “Schedule Software” and shall be free of file locking, encryption or any other protocol that
would impede full access of all data stored on it.
Add the following section:
6-1.3.4 List of Changes.
with an explanation for each change.
A list of all changes made to the activities or to the interconnecting logic,
Add the following section:
6-1.3.5 Change Orders, Each monthly update will include the addition of the network revisions
reflecting the change orders approved in the previous month. The network revisions will be as
agreed upon during the review and acceptance of the Contractor’s change orders.
Add the following section:
6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and their
durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar
chart shall use differing texture patterns or distinctive line types to show the critical path.
Add the following section:
6-1. 4 Engineer’s Review of Updated Construction Schedule. The Engineer will review and
return the Updated Construction Schedule to the Contractor, with any comments, within 5 working
days of submittal. The Updated Construction Schedule will be returned marked as per sections 6-
1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked “Accepted with Comments” or “Not Accepted’’ by the Engineer will be returned to the Contractor for correction. Upon resubmittal the
Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor,
with any comments, within 5 working days. Failure of the Contractor to submit a monthly updated
construction schedule will invoke the same consequences as the Engineer returning a monthly
updated construction schedule marked “Not Accepted”.
Add the following section:
6-1.4.1 “Accepted.”
for the schedule in accordance with section 6-1.8.2. The Contractor may proceed with the project work, and will receive payment
# Revised c17/29/fl2 Contract No. 3891 1 Paqe 59 of 91 Pages
Add the following section: 6-1.4.2 “Accepted with Comments.” The Contractor may proceed with the project work. The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer’s comments prior to receipt of payment per section
6-1.8.2.
Add the following section: 6-1.4.3 “Not Accepted.” The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer’s comments prior to receipt of payment per section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be
considered as having defaulted the contract under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted and marked “Accepted” by the
Engineer before the last day of the month in which the Updated Construction Schedule is due. If the Contractor fails to submit the corrected Updated Construction Schedule as required herein the
Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to
proceed with the project, any resulting delay, impact, or disruption to the project will be the
Contractor’s responsibility.
Add the following section:
6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion or contractually required milestone date later than the properly adjusted contract or milestone duration, the Agency may withhold Liquidated Damages for the number of days late. Should a
subsequent “Accepted” Schedule Update remove all or a portion of the delay, all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly payment to the
Contractor immediately following the “Accepted” schedule.
Add the following section:
6-1.6 Interim Revisions. Should the actual or projected progress of the work become substantially different from that depicted in the Project Schedule, independently of and prior to the
next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list
and explanation of each change made to the schedule. The Revised Construction Schedule will be submitted- per the submittal requirements of section 2-5.3 and per the schedule review and
acceptance requirements of section 6-1, including but not limited to the acceptance and payment provisions. As used in this subsection “substantially different” means a time variance greater than 5
percent of the number of days of duration for the project.
Add the following section:
6-1. 7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update
when one hundred percent of the construction work is completed. The Contractor’s Final Schedule Update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed per sections 6-1.3 Preparation of Schedule Updates and Revisions and 6-1. 4 Engineer’s Review of Updated Construction Schedule. Acceptance of the final schedule update is required for completion of the project and release of any and all funds retained per section 9-3.2.
Add the following section:
6-1.8 Measurement and Payment. Construction Schedule will be paid for at the stipulated lump sum price of three thousand dollars ($3,000.00). The stipulated lump sum price paid for Construction
Schedule shall include full compensation for furnishing all labor, materials including, but not limited to, the computer hardware and software, tools, equipment, and incidentals; and for doing all the work involved in attending meetings, preparing, furnishing, updating, revising the tabular, bar and flow
chart Construction Schedules and narrative reports required by these supplemental provisions and as directed by the Engineer. The Engineer’s determination that each and any construction schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be
precedent to each and any payment for the Construction Schedule. Payments for Construction Schedule will be made as per sections 6-1.8.1 through 6-1.8.3.
a Revised 07/29/02 Cnntrmt Nn 3RQll
Add the following section:
6-1.8.1 Initial Payment.
Schedule will be made when the Engineer has accepted a Construction Schedule for this project
Thirty percent of the stipulated lump sum bid for the Construction
Add the following section:
6-1.8.2 Monthly Updated Construction Schedule Payments. Monthly Updated Construction
Schedule Payments of equal to fifty percent of the stipulated lump sum price divided by the sum of
the number of months of project duration will be made subsequent to the initial payment for the
Construction Schedule for each monthly Construction Schedule, updated as required herein, that the
Engineer has accepted as sufficient within the month that the monthly progress payment pertains. No
payment shall be made, nor shall any payment accrue, for any monthly updated construction
schedule that is not marked “Accepted” by the Engineer on or before the twentieth working day of the
month such monthly updated construction schedule is due per section 6-1.3 Preparation of
Schedule Updates and Revisions. The sum of the amounts paid for Construction Schedule during
the initial and subsequent payment periods, or extensions to the contract, shall not exceed the
stipulated lump sum price for Construction Schedule.
Add the following section:
6-1.8.3 Concluding Payment. A Final payment of twenty percent of the stipulated lump sum price
for the Construction Schedule will be made when both one hundred percent of the contract work is
completed and the Engineer has accepted a final construction schedule update prepared and
submitted by the Contractor as required herein that shows the actual beginning and ending dates
and all other data that is required for baseline and update schedules for each activity shown on the
baseline construction schedule and updates thereto that the Engineer accepted for this project.
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 construction of 8-inch and 6-
inch diameter sewer main, accessholes, cleanouts, 4-inch sewer laterals, and appurtenances as
shown on the drawings. The following descriptions outlining the order of work are provided for the
Contractor’s review and information.
Pothole existing utilities and provide any conflicting data to the Engineer for review and
modification to proposed pipeline. Notify existing utility owners prior to construction.
Construct and test 8-inch and 6-inch sewer main, and 4-inch sewer laterals as indicated
on the drawings.
Notify City prior to connecting to existing sewer accesshole and sewer pipelines.
Make connection to existing sewer accesshole and pipeline per plans.
Add the following section:
6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project
Meetings. Each Project Meeting shall be attended by the Contractor’s Representative. The Project
Representative shall be the individual determined under section 7-6, ‘The Contractor’s
Representative”, SSPWC. No separate payment for attendance of the Contractor, the Contractor’s
Representative or any other employee or subcontractor or subcontractor‘s employee at these
meetings will be made.
Revised 117/29/02
~
Contract No. 3891 1 Paae 61 of 91 Paaes
6-6 DELAYS AND EXTENSIONS OF TIME.
6-6.4 Written Notice and Report. The Contractor shall provide written notice
to the Engineer within two hours of the beginning of any period that the Contractor has placed any
workers or equipment on standby for any reason that the Contractor has determined to be caused by
the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor
shall provide continuing daily written notice to the Engineer, each working day, throughout the
duration of such period of delay. The initial and continuing written notices shall include the
classification of each workman and supervisor and the make and model of each piece of equipment
placed on standby, the cumulative duration of the standby, the Contractor’s opinion of the cause of
the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable
means. Should the Contractor fail to provide the notice(s) required by this section the Contractor
agrees that no delay has occurred and that it will not submit any claim(s) therefor.
Modify as follows:
6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work
to completion within 120 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. Construction, which requires the closure of one or more lanes of traffic
on El Camino Real, will be limited to between the hours of 8:30 a.m. and 3:30 pm or 9:00 pm and
500 am Mondays through Fridays. The Contractor shall obtain the written approval of the Engineer if
the Contractor desires to work outside said hours or at any time during weekends and/or holidays.
This written permission must be obtained at least 48 hours prior to such work The Engineer may
approve work outside the hours and/or days stated herein when, in 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.
6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following:
The Engineer will not accept the Work or any portion of the Work before all of the Work is
completed and all outstanding deficiencies that may exist are corrected by the Contractor and the
Engineer is satisfied that all the materials and workmanship, and all other features of the Work,
meet the requirements of all of the specifications for the Work. Use, temporary, interim or
permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the
Engineer’s judgment, the Work has been completed and is ready for acceptance the Engineer will
so certify to the Board. Upon such certification by the Engineer the Board may accept the
completed Work. Upon the Board’s acceptance of the Work the Engineer will cause a “Notice of
Completion” to be filed in the office of the San Diego County Recorder. The date of recordation
shall be the date of completion of the Work.
Delete the first sentence of the third paragraph and substitute the following two sentences: All
work shall be warranted for one (1) year after recordation of the “Notice of Completion” and any
faulty work or materials discovered during the warranty period shall be repaired or replaced by the
Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as
a warranty bond for the one year warranty period.
6-9 LIQUIDATED DAMAGES.
Modify the last sentence of the first paragraph and the first sentence of the second paragraph and
add the following: For each consecutive calendar day in excess of the time specified for completion
of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld
monies due it, the sum of $1,000.00
em %# Revised 07/29/02 Contract No. 3891 1 Page 62 of 91 Pages
Execution of the Contract shall constitute agreement by the Agency and Contractor that $1,000.00
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
Contractor will obtain, at no permit fee 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 any OSHA permit, safety permit, air pollution permit, NPDES permit, and 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. Contractor shall comply with all permits, regulations, laws, licenses, and authorizations from
appropriate agencies.
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, pot-holing, 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. Contractor must coordinate
construction with adjacent property owners and the inspector on location of sewer laterals.
7-8 PROJECT SITE MAINTENANCE.
7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein
shall also be executed on weekends and other non-working days when needed to preserve the
health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust
control throughout the duration of the Contract. The Engineer may require increased levels of
cleanup and dust control that, in 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.
Cnntrad No. 3891 1 Paae 63 of 91 Paaes
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 storm water pollution and monitoring plan prepared for this project in accordance
with the California State Water Resources Control Board order number 92-08-DWQ NPDES
General Permit number CAS000002 and the “Water Discharge Requirement for Discharges of Storm
Water Runoff Associated with Construction Activity”
Add the following:
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.
Add the following section:
7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. A preconstuction video
shall be submitted to the Engineer before Work is performed which has the potential to disturb or
modify public or private property. Video shall fully document pre-existing condition, damage, and
wear to property near the area of work. Failure by Contractor to submit preconstruction video may be
taken as evidence that subsequent claims by property owners can be attributed to the Contractor’s
actions. Payment for preconstruction video shall be included in the bid item for Mobilization,
Demobilization, and Preparatory work.
7-10 PUBLIC CONVENIENCE AND SAFETY.
7-10.1 Traffic and Access. add the following: The Contractor shall schedule the work to maintain
two southbound lanes of traffic between the hours of 6am to 8:30am Monday through Friday. The
Contractor shall not schedule work so as to conflict with mail delivery and 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.
The Contractor shall submit a traffic control plan and a haul route plan to the Engineer for review and
approval thirty (30) days prior to the beginning of construction. No construction will be allowed until
the traffic control plan and haul route have been approved.
During operations, the Contractors schedule shall be designated to provide residents and business
owners whose streets are to be affected 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.
43 Revised 07/29/02 Contract No. 3891 1 Page 64 of 91 Pages
The notification shall be hand delivered and shall state the date and time the work will begin and its
anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24 hour number answered by someone who is knowledgeable about the
project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for
approval. Notices shall not be distributed until approved by the Engineer.
For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-112 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 Ib. card stock. The printing on the notice shall be no smaller than 12 point. 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.
Add the following: Traffic controls shall be in accordance with Chapter 5 of the California Department of Transportation "Manual of Traffic Controls," current edition and these Supplemental Provisions. If any component in the traffic control system is damaged, displaced, or ceases to
operate or function as specified, from any cause, during the progress of the work, the Contractor
shall immediately repair said component to its original condition or replace said component and shall
restore the component to its original location. In the event that the Contractor fails to install and/or
maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at hidher 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.
Revised 07/29/02 Contract No. 3891 1 Paae 65 of 91 Paaes
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
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
I, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of
the Contractor, shall be in conformance with the provisions in section 206-7.2 et seq. If illuminated
traffic cones rather than post-type delineators are used during the hours of darkness, they shall be
affixed or covered with reflective cone sleeves as specified in CALTRANS “Standard Specifications”,
except the sleeves shall be 180 mm (7”) long. Personal vehicles of the Contractor’s employees shall
not be parked within the traveled way, including any section closed to public traffic. Whenever the
Contractor’s vehicles or equipment are parked on the shoulder within 1.8 m (6’) of a traffic lane, the
shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper
in advance of the parked vehicles or equipment and along the edge of the pavement at not less than
7.6 m (25’) intervals to a point not less than 7.6 m (25’) past the last vehicle or piece of equipment. A
minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work
Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a sign post or
telescoping flag tree with flags. The sign post or flag tree shall be placed where directed by the
Engineer.
Add the following section:
7-10.3.2 Maintaining Traffic. The Contractor’s personnel shall not work closer than 1.8 m (6’), nor
operate equipment within 0.6 m (2’) from any traffic lane occupied by traffic. For equipment the than
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.
Revised 07/29/02 Contract No. 3891 1 Page 66 of 91 Pages
Add the following section:
7-10.3.3 Traffic Control System for Lane Closure. If work is to be performed in. or adjacent to,
public roads which may affect traffic, the Contractor shall submit traffic control plans to the Engineer
for review and approval at least 30 days prior to the beginning of construction. No construction will
be allowed until the traffic control plans have been approved. See Section 7-10.3.6 below for
requirements of the traffic control plan. Construction signing shall conform to CALTRANS “Manual of
Warning Signs, Lights, and Devices for use in performance of work upon Highways” and “Work Area
Control Handbook”, current 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.
Traffic lance closures for this project will be limited to the hours of 8:30am to 3:30 pm and 9:00 pm to
500 am, Monday though Fridays and anytime Saturdays.
When lanes are closed for only the duration of work periods, all components of the traffic control
system, except portable delineators placed along open trenches or excavation adjacent to the
traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the
Engineer, within the limits of the right-of-way.
Add the following section:
7-1 0.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe
operations, traffic shall be controlled with lane closures, as provided for under “Traffic Control System
for Lane Closure” of these Supplemental Provisions or by use of an alternative traffic control plan
proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until the Contractor has submitted its plan to the
Engineer and has received the Engineer’s written approval of said plan.
Add the following section:
7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished,
placed, maintained and removed in accordance with the minimum standards specified in Chapter 5
of the “Traffic Manual”, 1996 edition published by CALTRANS. Whenever the work causes
obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place
prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall
be provided at all times for traveled ways open to public traffic. All work necessary, including any
required lines or marks, to establish the alignment of temporary pavement delineation shall be
performed by the Contractor. When temporary pavement delineation is removed, all lines and marks
used to establish the alignment of the temporary pavement delineation shall be removed by grinding.
Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material.
Temporary pavement delineation shall not be applied over existing pavement delineation or other
temporary pavement delineation. Temporary pavement delineation shall be maintained until
superseded or replaced with permanent pavement delineation.
Temporary pavement delineation shall be removed when, as determined by the Engineer, the
temporary pavement delineation conflicts with the permanent pavement delineation or with a new
traffic pattern for the area and is no longer required for the direction of public traffic. When temporary
pavement delineation is required to be removed, all lines and marks used to establish the alignment
of the temporary pavement delineation shall be removed.
c$ Revised 07/29/02 Contract No. 3891 1 Page 67 of 91 Pages
Add the following section:
7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan
Sheets. The Contractor shall have a Traffic Control Plan (TCP) prepared by a registered civil
engineer and submitted as a part of the Work for all construction activities that are located within the
traveled way. 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 30 day review period specified in section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer's review. New or revised TCP submittals shall include all TCP needed for the entire
duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the travelled surface differs from the finished pavement elevation vertical curves must
also be shown. Such modifications, supplements and/or new design of TCP shall meet the
requirements of the Engineer and of the "MANUAL OF TRAFFIC CONTROLS", 1996 Edition as published by the State of California Department of Transportation. Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California. The Engineer shall be the sole judge of the
suitability and quality of any such modifications, supplements, and/or new designs to TCP. The
Engineer may approve any such modifications, supplements, and/or new designs to the TCP when,
in the Engineer's sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the registered professional 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:
7-1 0.3.7 Payment
It is the Contractors responsibility to prepare, submit, change, and re-submit the traffic control plans
until approved by the Engineer. The Contractor shall implement approved traffic control plans and shall furnish all labor and materials to perform, install, maintain, replace and remove all traffic control thoughout the duration of the work and no other compensation will be allowed therefore. Payment will be made per lump sum bid price after work is completed for which the traffic controls were necessary.
Add the following section:
7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary
precautions for the safety of employees on the work and shall comply with all applicable provisions of
Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and
falling materials.
7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for'use in the proposed construction project which
would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions
established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of
the contract.
a Revised 07/29/02 Contract No. 3891 1 Pane 68 nf 91 Panen
SECTION 9 -- MEASUREMENT AND PAYMENT
9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK
9-1.4 Units of Measurement, modify as follows:
the US. 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 (10) days of receipt of the progress estimate, submit a supplemental
payment request to the Engineer with adequate justification supporting the amount of supplemental
payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon
as practicable after receipt, determine whether the supplemental payment request is a proper
payment request. If the Engineer determines that the supplemental payment request is not proper,
then the request shall be returned to the Contractor as soon as practicable, but not later than seven
(7) days after receipt. The returned request shall be accompanied by a document setting forth in
writing the. reasons why the supplemental payment request was not proper. In conformance with
Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after
receipt of an undisputed and properly submitted supplemental payment request from the Contractor.
If payment of the undisputed supplemental payment request is not made within thirty (30) days after
receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate
set forth in subdivision (a) of Section 685.01 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 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.
@ Revised 07/29/02 Contract Nn. ARB1 1 Pann RO nf Ql Parma
__
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
Add the following section:
9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will
be made at the stipulated lump-sum price bid therefor in the bid schedule 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 stipulated 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 compensation for Mobilization and Preparatory Work.
Ravicnri n717m3 Cnntract Nn. 3891 I Pane 70 af 91 Panes
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.
Revised 07/29/02 Contract No. 3891 1
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 Slurry
Street Light Foundations and Survey Monuments
Traffic Signal Foundations
Concreted-Rock Erosion Protection
SECTION 200 - ROCK MATERIALS
Concrete Maximum
Class Slump mm (Inches)
330-C-23
(560-C-3250) ('I
(1 90-E-400)
(560-C-3250)
(590-C-3750)
(2)
1 15-E-3 200 (8")
3304-23 100 (4")
350-C-27 100 (4")
31 04-1 7 per Table 300-1 1.3.1
200-2 UNTREATED BASE MATERIALS
200-2.1 General.
200-2.2), crushed slag base (Section 200-2.3), or crushed miscellaneous base (Section 200-2.4).
Add the following: Aggregate base shall be crushed aggregate base (Section
SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS
201-1 PORTLAND CEMENT CONCRETE
TABLE 201 -1.1.2(A) Modify as follows:
TABLE 201 -1.1.2(A) '3)
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.
A mix design shall be submitted by the Contractor for approval by the Engineer.
201 -1.2.4 Chemical Admixtures. (e) Air-entraining Admixtures. Substitute the following: The
air content shall not deviate from the percentage specified or permitted by more than 1-1/2
percentage points. The air content of freshly mixed concrete will be determined by California Test
Method No. 504.
@ Revised 07/29/02 Contract No. 3891 1 Paae 72 of 91 Panes
SECTION 203 - BITUMINOUS MATERIALS
203-6 ASPHALT CONCRETE.
203-6.1 General. Add the following: The Contractor shall submit a design mix report and
verification data for review by the Engineer for each source of supply and type of mixture
specified. The design mix report shall indicate the results of all testing requirements identified in
sections 203-1.2 and 203-6.3 of the standard specifications for public works construction and
these special provisions.
203-6.2 Materials. Add the following: Asphalt concrete shall be class C2-AR-4000 for surface
course, and B-AR-4000 for base course. Asphalt concrete shall be class D2-AR-8000 for dikes
and class E-AR-8000 ditches.
203-6.3.2 Composition and Grading. Add the following: Evaluation of asphalt concrete shall
be determined from samples of asphalt concrete taken after completion of all processing (Wet
Mix) or by core sample analysis of the in-place asphalt concrete or by direct central plant
inspection that confirms the production of a particular mix design and verifies using samples of
aggregate taken before the addition of asphalt and mineral filler (Bin). All samples shall be taken
in accordance with Calif. Test 125.
When Wet Mix or Core samples of asphalt concrete are to be used for evaluation, sufficient size
samples shall be taken to ensure representative and adequate quantity of material for:
1. Asphalt Content and Gradation by Extraction using Calif. Test 382 or ASTM 21 72, and
Calif. Test 202
2. Stability’ using:
a. Stabilometer Value2 using Calif. Test 366 and shall be the average of three indi-
vidual Stabilometer Values
And / or
b. Marshall Stability in accordance with the Asphalt Institute’s MS-2 fabricated and
tested for traffic volume and shall be the average of three specimens.
1.
2.
Stability will be waived provided the extracted asphall content is within +\-S of mix design and the extracted gradation complies
with Table 203-6.3.2 (A).
Use Marshall Stability when the deviation between individual Stabilometer Values are greater than +id.
When using core sample analysis, the samples must be properly prepared to safeguard against
influx of out side contaminates and so that the cut surfaces do not influence the test results.
203-6.3.3 Acceptance. Wet Mix or Core sampled asphalt concrete will be considered in
conformance with the mix design when the asphalt content is within +\- .5 of the design mix and
the gradation conforms to the grading as shown in Table 203-6.3.2 (A). Deviations in gradation
may be considered in conformance with the mix design provided the stability of the completed mix
complies with the requirements for Stabilometer Value per Table 203-6.3.2 (A) Marshall Stability
using Asphalt Institute MS-2.
Plant inspected asphalt concrete will be will be considered in conformance with the mix design
when visually inspected and the combined gradation of the Bin samples show conformance to the
grading as shown in Table 203-6.3.2 (A).
Revised 07/29/02 Contract No. 3891 1 Page 73 of 91 Pages
203-6.7 Asphalt Concrete Storage. Open graded asphalt concrete stored in
excess of 2 hours, and any other asphalt concrete stored in excess of 18 hours, shall not be used in
the work.
add the following:
Property
Thickness
Tensile strength
Elongation
Printability
Flexibility
Inks
Message repeat
Foil
Top layer
Bottom layer
Adhesives
Bond strength
Colors
SECTION 207 - PIPE
Method Value
ASTM D2103
ASTM D882
ASTM D882-88
ASTM D2578 >50 dynedsquare centimeter
ASTM D671-81 Pliable hand
Manufacturing specifications Heat-set Mylex
Manufacturing specifications Every 500 mm(20)
Manufacturing specifications Dead sowannealed
Manufacturing specifications Virgin PET
Manufacturing specifications Virgin LDPE
Manufacturing specifications
Boiling H20 at 100 degrees Celsius
APWA Code
01 14 mm (0.0056)
4500g/cm (25 Ibshnch) (5,500 PSI)
<50 percent at break
>30 percent, solid 1.5#/R
Five hours without peel
See Table 207-25.1 (B)
Add the following section:
207-25 UNDERGROUND UTILITY MARKING TAPE.
Color
Red
Yellow
Orange
Blue
Green
Brown
Purple
Add the following section:
207-25.1 Detectable Underground Utility Marking Tape: Detectable Underground Utility
Marking Tape shall have a minimum 0.13 mm (0.005) overall thickness, with no less than a 35
gauge (AWG), 0.14 mm aluminum foil core. The foil must be visible from both sides. The layers shall
be laminated together with the extrusion lamination process, not adhesives. No inks or printing shall extend to the edges of the tape. All printing shall be encased to avoid ink rub-off. Detectable
Underground Utility Marking Tape shall conform to the properties listed in Tables 207-25(A) and 207-
25 (B).
Utility Marked
Electric power, distribution, transmission, and municipal electric systems.
Gas and oil distribution and transmission, dangerous materials, product and steam.
Telephone and telegraph systems, police and fire communications, and cable television.
Water systems.
Sanitary and storm sewer systems, nonpotable.
Force mains.
Reclaimed water lines.
Q Revised 07/29/02 Contract Nn. RAW I
Add the following section:
207-25.2 Materials Approvals.
requirements of each of the following agency/association publications.
Detectable Underground Utility Marking Tape shall meet the
A. Department of Transportation, Materials Transportation Bureau, Off ice of Pipeline Safety.
USAS code for pressure piping 831.8, paragraph 192.321 (e).
B. National Transportation Safety Board, Washington, DC, Special Study Prevention of Damage
to Pipelines. Adopted June 7, 1974. Report NTSB-PSS-73-1.
C. American Petroleum Institute (API). Recommended practice for marking buried liquid
petroleum pipelines - APR RP 1109.
D. General Services Administration, Washington, DC, Public Buildings Service Guide
Specification for Mechanical and Electrical Equipment - PBS 4-1 501, Amendment 2, Page
501 -1 4, Paragraph 18, Subparagraph 18.1 , Clause 18.1 .l.
E. Rural Electrification Authority (REA), U.S. Department of Agriculture, Washington, DC, National
Electrical Safety Code for Underground Construction for remote and immediate hazards.
SECTION 210 - FAINT AND PROTECTIVE COATINGS
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 (91 6) 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 115
Todd Court, Thomasville, NC 27360, Pavemark brand manufactured by Stimsonite Corporation,
6565 West Howard Street, Niles, IL 60714 or approved equal.
Add the following section:
21 3-3 EROSION CONTROL SPECIALTIES.
Add the following section:
213-3 Gravel bags. Gravel bags for the use of temporary erosion control shall be burlap type, filled
with no less than 23kg (50 Ibs) of 19 mm (3/411) crushed rock and securely tied closed. Plastic bags
are not acceptable.
# Revised 07/29/02 Contract No. 3891 1 Paae 75 of 91 Pages
~
SECTION 214 PAVEMENT MARKERS
Type
Stimsonite Chip
SeaVTemporary Overlay
Marker (Models 300 and 301)
TFPM
214-5 REFLECTIVE PAVEMENT MARKERS
Manufacturer of Distributor
John C. Henberger Co., Traffic Safety and Control,
San Diego, California,
Telephone (619) 292-5772
DAPCO Davidson Plastics Company, 18726 East Valley Highway,
Kent, Washington 98032,
Telephone (206) 251 -81 40.
Add the following section:
21 4-5.1 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.
Type
Safe- H i t S H236MA
Carsonite "Super Duck" SDF-436
Repo "The Replaceable Post"
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 Lockheed Way
Carson City, NV 89701
Telephone (702) 883-51 04
Western Highway Products
P.O. Box 7
Stanton, CA 90680
Telephone (800) 422-4420
Add the following section:
214-5.2 Permanent Reflective Channelizer. 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 20/20. Reflective channelizer shall be one of the
types shown in Table 214-5.2(A), or equal thereto.
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
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 the
approved quality control program.
@ Revised 07/29/02 Contract No. 3891 1 Paae 76 of 91 Paass
~
SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 3, CONSTRUCTION METHODS
SECTION 300 - EARTHWORK
300-2 UNC LASS1 FI ED EXCAVATION.
300-2.1 General. add the following: Unclassified excavation shall include removal and stockpile of
suitable material, recompaction, mixing, grading for mitigation work, trenching and backfilling of
storm drains, sewers, other utilities, disposal of unsuitable materials. Unclassified excavation shall
be utilized onsite to make all fills shown on the plans. Unclassified excavation shall also include
scarification and moisture adjustment and compaction of the top 300 mm (1’) of the subgrade in the
roadway prism in cut areas to 95 percent relative compaction, wetland mitigation grading and
attendant work, export of remaining excess material to a disposal site or spoil area acquired by the
Contractor and pumping and disposal of storm and ground water.
300-2.2.1 General. add the following: Alluvial and colluvial removal and recompaction shall
consist of excavating, blending and recompacting loose soils in areas that are designated to receive
fills. The existing loose soils shall be removed by the Contractor until a firm unyielding surface is
exposed or to a depth determined by the Engineer. If the excavated material contains 4%, or more,
water than the optimum moisture content the Contractor shall blend the wet soil with soils having a
lower moisture content and/or spread the excavated material in a manner that enables the material to
dry to optimum moisture content. The cost of spreading and/or drying shall be included in the
contract unit price for removal and recompaction. The excavated material shall be placed and
compacted in accordance with section 300-4 of the specifications except that section 300-4.9,
Measurement and Payment, shall not apply.
300-2.2.1 General. add the following to the first paragraph: Such direction may include, but is not limited to, directing the Contractor to blend, adjust moisture content of, rework, and place unsuitable soils at specific locations or elevations on the site.
Add the following section:
300-2.2.3 Compressible Soil. Compressible soils such as existing uncontrolled or unacceptable fill,
alluvium, and colluvium may exist within portions of the Project site. Where required by the
Engineer, the Contractor shall remove such compressible soils from areas to receive fill or from
areas upon which surface improvements are to be placed. The removal and disposal of such
compressible soils shall be paid for at the Contract Unit Price for unclassified excavation unless it is
considered otherwise unsuitable by the Engineer in which case it may be paid for in accordance with
section 300-2.2.1.
300-2.2.4 Instability of Cuts. Add the following: The Contractor shall remove additional material as
directed by the Engineer to improve the stability of excavated cuts. The removal of such excavated
material shall be paid for at the Contract Unit Price for unclassified excavation unless it is considered
otherwise unsuitable by the Engineer, in which case it will be paid for in accordance with Subsection
300-2.2.1.
Q) Revised 07/29/02 Contract No. 3891 1 Paoe 77 of 91 Parinn
300-2.5 Slopes. add the following: The hinge points (the top and bottom) of slopes shall be located
within 75 mm (0.25’) of the locations shown on the plans.
300-2.5 Slopes. add the following: after the first sentence of the first paragraph: A slope shall be defined as any area steeper than three horizontal to one vertical.
300-2.6 Surplus Material. add the following: The Contractor shall haul and dispose of all surplus
material from the project. The Contractor shall utilize highway legal haul trucks for this export of material from the project site,and to a site secured by the Contractor. No earth moving equipment or
special construction equipment, as defined in section 565 of the California Vehicle Code, will be
allowed for hauling material on public streets.
300-2.9 Payment substitute the following: Unclassified excavation shall be considered as incidental
to the work and no additional payment will be made therefore.
300-3 STRUCTURE EXCAVATION AND BACKFILL
300-3.1 General. add the following: The Contractor shall excavate to the lines and levels required
and/or shown on the Drawings. The Contractor shall provide all shoring, bracing, cribbing, pumping,
and planking required. The Contractor shall excavate and maintain the bottom of all trenches in a
condition that is level, firm, clean and free from all debris or foreign matter. Excavations shall be kept
free from water at all times. The contractor shall remove any unsuitable material encountered
below grade as directed by the Engineer
300-3.6 Payment. Add the following: Dewatering shall be considered as incidental to the work and
no additional compensation will be made therefor.
300-4 UNCLASSIFIED FILL
300-4.2 Preparation of Fill Areas. add the following: Except as provided in section 300-4.7,
“Compaction”, areas proposed for improvements all fill (including backfill and scarified ground
surfaces) shall be compacted by the Contractor to no less than 90 percent of maximum dry density
as determined in accordance with ASTM Test Procedure D1557-91.
300-4.5 Placing Materials for Fills. add the following: The Contractor shall perform grading such
that the upper 900 mm (3’) of fill placed in the roadway pavement area is composed of properly
compacted low expansive soils. The more highly expansive soils shall be placed in the deeper fill
areas and properly compacted or exported from the site. Low expansive soils are defined as those
soils that have an Expansion Index of 50 or less when tested in accordance with 1994 UBC Standard
18-2 as published by the International Conference of Building Officials. Should insufficient soils
meeting the requirement of an expansion index of 50 or less be present within the limits of work, soils
of the least expansion index that are available within the limits of work shall be incorporated in the
upper 900 mm (3’) of fill placed in the roadway.
The Contractor shall break rock encountered in the excavation into particles of less than 75 mm (3”).
Particles with dimensions greater than 75 mm (3”) shall be uniformly distributed over the area to be
filled so that construction equipment can be operated in such a manner that the larger pieces will be
broken into smaller particles and become incorporated with the other materials in the layer. This
requirement for particle size reduction does not apply to cobbles, small boulders, and small hard
rocks found within the surface soils and formational materials. Rocks having any dimension greater
than 460mm (18) shall not be incorporated into the fill. Rock exceeding 150 mm (6) in diameter
shall not be placed in the upper 900 mm (3’) of any fill. When there are large quantities of rock to be
placed in the fill, rocks shall not be nested, but shall be spread with sufficient room between them so
Contract No. 3891 1 Paae 78 of 91 Paaes
that intervening voids can be adequately filled with fine material to form a dense, compact mass.
Oversize material which cannot be utilized for erosion mitigation or landscaping onsite shall be
broken to acceptable sizes or removed from the site by the Contractor. If disposed of within the City
of Carlsbad, a separate grading permit will be required for disposal of rock.
300-4.6 Application of Water. add the following: The Contractor shall place all fill soil at a moisture
content no less than one (1) percent below optimum moisture as determined by ASTM test D-1557-
91.
300-4.7 Compaction. add the following: The Contractor shall compact all fill soils placed within the
top 1 m (3) of roadway subgrade to a minimum of 95 percent relative compaction. On all areas to
receive planting, the top 150 mm (6) shall be compacted to 85%’ +2% -5%, to allow for plant growth.
300-4.8 Slopes. add the following: Feathering of fill over the tops of slopes will not be permitted.
The Contractor shall compact the faces of fill slopes with a sheep’s foot roller at vertical intervals no
greater than 600 mm (2’) or shall be built and cut back to finish grade. In addition, if not over built and
cut back, the face of the slope shall be track walked upon completion.
300-4.9 Measurement and Payment. delete and substitute the following: Unclassified fill, grading,
shaping, compacting or consolidating, slope rounding, construction of transitions and all trenching
work shall be considered as incidental to the Work and no additional payment will be made therefor.
300-9 GEOTEXTILES FOR EROSION CONTROL. Modify as follows: 300-9 GEOTEXTILES FOR
EROSION CONTROL AND WATER POLLUTION CONTROL.
Add the following section:
300-9.2 General. The Contractor shall provide erosion control and water pollution control
conforming to the requirements shown on the plans, as specified herein, and as elsewhere required
by the Contract Documents. Erosion control and water pollution control shall include the work
specified herein, and such additional measures, as may be directed by the Engineer, to meet Best
Management Practices, as defined herein, and to properly control erosion and storm water damage
of the limits of work and construction impacts upon areas receiving drainage flows from within the
limits of work.
Add the following section:
300-9.2.1 Grading Controls. The Contractor shall protect all areas that have been graded andor
cleared and grubbed as well as areas that have not been graded and/or cleared and grubbed within
the limits of work from erosion. The Contractor shall provide temporary earth berms, gravel bags, silt
fences, stabilized construction entrances and similar measures, coordinated with its construction
procedures, as necessary and as shown on the plans to control on site and off site erosion during the
construction period. The Contractor will be required to protect areas which have been cleared and
grubbed prior to excavation or embankment operations, and which are subject to runoff during the
duration of the contract. The criteria used to determine the appropriate erosion control measures
shall be the “Best Management Practices”, hereinafter BMP, defined and described in the, “California
Storm Water Best Management Handbook, Construction Activity”, March 1993 edition as published
by the Storm Water Quality Task Force. The Contractor shall maintain a copy of the “California
Storm Water Best Management Handbook, Construction Activity”, March 1993 edition on the project
site and shall conduct its operations in conformity to said Handbook.
@ Revised 07/29/02 Contract No. 3891 1 Paae 79 of 91 Paaes
Temporary erosion control measures provided by the Contractor shall include, but not be limited to,
the following: Embankment areas, while being brought up to grade and during periods of completion prior to
final roadbed construction, shall be graded so as to direct runoff into impoundment areas within
the limits of work where such runoff shall have pollutants removed by BMP methods .
The Contractor shall provide protection by BMP measures to eliminate erosion and the siltation of
downstream facilities and adjacent areas. These measures shall include, but shall not be limited
to: temporary down drains, either in the form of pipes or paved ditches with protected outfall
berms; graded berms around areas to eliminate erosion of embankment slopes by surface runoff;
confined ponding areas to desilt runoff; and to desilt runoff.
Excavation areas, while being brought to grade, shall be protected from erosion and the resulting
siltation of downstream facilities and adjacent areas by the use of BMP measures . These
measures shall include, but shall not be limited to, methods shown on the plans and described
herein.
Add the following section:
300-9.2.2 Payment. Full compensation for performing erosion control and water pollution control,
conforming to the operational requirements herein, of the BMP and conforming to the requirements
of the Federal Water Pollution Control Act, including the latest amendments thereto, which is not a
part of the planned permanent work or included as a separate bid item shall be considered as
included in the contract price bid for unclassified excavation, and no additional compensation will be
allowed therefor.
SECTION 303 CONCRETE AND MASONRY CONSTRUCTION.
303-1 CONCRETE STRUCTURES
303-1.6.2 Falsework Design. add the following: The Contractor shall provide all temporary bracing
necessary to withstand all imposed loads during erection, construction, and removal of any
falsework. The Contractor shall provide falsework drawings and calculations prepared by a
registered professional engineer, civil or structural, that show provisions for resolution of all loads
that may be imposed upon the falsework. Such plans and calculations shall include:
1. Resolution of all live, dead, wind, construction and impact loads that may be imposed on the
2. Temporary bracing or methods to be used during each phase of erection and removal of the
3. Concrete placement sequence.
4. Erection and removal sequence.
5. Deflection values for the falsework that include recommended methods to compensate for
falsework.
falsework.
falsework deflections, vertical alignment, and anticipated falsework deflection.
303-2 AIR- P LAC E D CONCRETE.
303-2.1.1 General. add the following:
stucco netting with 150mm x 150mm (6” x 6”) by No. 10 by No. 10 welded wire mesh.
Add the following section:
Modify Regional Standard Drawing D-75 as follows: replace
@ Revised 07/29/02 Contract No. 3891 1 Page 80 of 91 Pages
i
Type of underground facilities
Water Service Lateral
Sewer Service Lateral
Irrigation Water Lateral or Sleeve
303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS,
ACCESS RAMPS, AND DRIVEWAYS.
Marking
W
S
RW
303-5.5.2 Curb. add the following: The Contractor shall stamp the curb face with 75 mm (3) high
block letters directly above the point that it is crossed by underground facilities with the marking
specified in Table 303-5.5.2(A)
303-5.9 Measurement and Payment. add the following: Curb and gutter, and curb, shall be
considered as continuing across driveways and access ramps when constructed adjacent thereto.
Neither curb and gutter nor curb will be paid for across the length of local depressions, except that
which occurs in gutter transitions at each side of an inlet.
SECTION 306 - UNDERGROUND CONDUIT CONSTRUCTION
306-1 OPEN TRENCH OPERATIONS
Add the following section:
306-1.1.7 Steel Plate Bridging - With a Non-Skid Surface. This section covers the use of steel
plate bridging. The Contractor shall not employ the use or use steel plate bridging or trench plate
that does not meet the requirements of this section both in application and circumstance of use.
Add the following section:
306-1.1.7.1 Requirements for Use. Alternate construction methods that avoid the use of steel
plate bridging shall be used by the Contractor unless otherwise approved by the Engineer.
It is recognized that to accommodate excavation work, steel plate bridging may be necessary. All
conditions for use of steel plate bridging set forth in the following requirements must be fulfilled as
conditions of approval of the use of steel plate bridging. Consideration of steel plate bridging in the
review process will take into account the following factors:
1. Traffic volume and composition.
2. Duration of use of the steel plate bridging.
3. size of the proposed excavation.
3. Weather conditions.
The following formula shall be used to score the permitted use of steel plate bridging:
PS = [ ADT + EWL + DAYS + 10 X WEEKEND + 5 X NIGHTS + 20 X WEATHER + SPEED /krnhl+ SLOPE X 1001 X LANES
1000 8
PS = [ ADT + EWL + DAYS + 10 X WEEKEND + 5 X NIGHTS + 20 X WEATHER + SPEED frnPh) + SLOPE X 1001 X LANES
1000 5
where:
PS = plate score. ADT = average daily traffic as defined in the CALTRANS Traffic Manual.
EWL = equivalent wheel loads as defined in the CALTRANS Traffic Manual.
Revised 07/29/02 Contract No. 3891 1 Paae 81 of 91 Paaes
- DAYS -
WEEKEND =
NIGHTS =
WEATHER =
SPEED =
- SLOPE -
- LANES -
total number of 24 hour periods during which the plates will be utilized at the site
being considered.
total number of Saturdays, Sundays and holidays that the plates will be utilized
at the site being considered.
total number of overnight periods that the plates will be in place, exclusive of
Saturday, Sunday and holiday nights.
total number of 24-hour periods that the plates will be utilized at the site being
considered when the possibility of rain exceeds 40 percent.
the design speed in kilometers per hour or miles per hour, as applicable in the
formulae above, of the street where the plates are to be installed. This number
shall not be reduced for construction zone speed reductions. the quotient of the vertical differential divided by the horizontal distance. The
vertical and horizontal dimensions shall be measured at the locations spanning a
distance of 15 m (50’) up and downstream of the position of the proposed steel
plate bridging.
the number of lanes where plates will be used.
When the computed value of the plate score exceeds 50, steel plate bridging shall not be used
unless, and at the sole discretion of the Engineer, the Engineer determines that no alternative
method of construction is possible in lieu of using steel plate bridging or that other overriding
considerations make the use of steel plate bridging acceptable. Alternatives considered to bridging
shall include, but not be limited to, detouring traffic, construction detour routes, tunneling, boring and
other methods of trenchless construction. Unless specifically noted in the provisions of the
Engineer‘s approval, the use of steel plate bridging at each location so approved shall not exceed
four (4) consecutive working days in any given week.
Add the following section:
306-1.1.7.2 Additional Requirements. In all cases when the depth of the trench exceeds the
width of the steel plate bridging resting on each side of the pavement adjacent to the trench, safety
regulations require or the Engineer determines that shoring is necessary to protect the health or safety of workers or the public the Contractor shall install shoring conforming to Section 7-10.4.1 of
the Standard Specifications. The trench shoring shall be designed and installed to support the steel
plate bridging and traffic loads. All approvals for design, substitution of materials or methods shall be
submitted by the Contractor in accordance with all provisions of section 2-5.3 Shop Drawings and
Submittals. The Contractor shall backfill and resurface excavations in accordance with section 306-
1.5.
Add the following section:
306-1.1.7.3 Installation. When backfilling operations of an excavation in the traveled way,
whether transverse or longitudinal cannot be properly completed within a work day, steel plate
bridging with a non-skid surface and shoring may be required to preserve unobstructed traffic flow.
In such cases, the following conditions shall apply:
a) Steel plate bridging when the plate score exceeds 50 is not allowed except when, at the
b) Steel plates used for bridging must extend a minimum of 610 mm (2’) beyond the edges of
c) Steel plate bridging shall be installed to operate with minimum noise.
sole discretion of the Engineer, it is approved as specified hereinbefore.
the trench.
When the use of steel plate bridging and shoring is approved by the Engineer, the Contractor shall
install using either Method (1) or (2) depending on the design speed of the portion of street where the
steel plate bridging is proposed for use.
@ Revised 07/29/02 Contract No. 3891 1 Page 82 of 91 Pages
Method 1 [For speeds more than 70 Km/hr (45 MPH)]: The pavement shall be cold planed to a
depth equal to the thickness of the plate and to a width and length .equal to the dimensions of the
plate. The cold milling shall produce a flat surface that the plate shall rest on with no horizontal or
vertical movement. Horizontal gaps between the unmilled pavement and the plate shall not exceed 25 mm (1”) and shall be filled with elastomeric sealant material which may, at the contractor’s option,
be mixed with no more that 50%, by volume, of Type I aggregate conforming to the requirements of
tables 203-5.2(B) and 203-5.3(A) .
Maximum Trench Width (’I
0.3 m (10”)
0.6 m (23)
0.8 m (31”)
1 .O m (41”)
1.6 m (63”)
Method 2 [For speeds 70 Km/hr (45 MPH) or less]: Approach plate(s) and ending plate (if longitudinal placement) shall be attached to the roadway and shall be secured against displacement by using two adjustable cleats that are no less than 50 mm (2”) shorter than the width of the trench
bolted to the underside of each plate and located within 150 mm (6”) of the beginning and end of the
trench for plates at the beginning and end of the trench, a minimum of two 300 mm long by 19 mm diameter (12” x 94”) steel bolts placed through the plate and driven into holes drilled 300 mm (12”) into the pavement section, or other devices approved by the Engineer. Subsequent plates shall be butted to each other. Fine graded asphalt concrete shall be compacted to form ramps, maximum slope 8.5% with a minimum 300 mm (12”) taper to cover all edges of the steel plates. When steel plates are removed, the dowel holes in the pavement section shall be completely filled with elastomeric sealant material. At the Contractor’s option, the methods required for Method 1 may be
used. If the Contractor so elects, all requirements of Method 1 shall be used. The Contractor shall
maintain the steel plates, shoring, and asphalt concrete ramps and maintain and restore the street
surface during and after their use.
Minimum Plate Thickness
13 mm (’/;)
19 mm (Yql))
22mm (‘/<)
25 mm (1”)
32 mm (1 W)
Steel plate bridging shall be steel plate designed to support the HS20-44 truck loading per
CALTRANS Bridge Design Specifications Manual. The Contractor shall maintain a non-skid surface
on the steel plate with no less than a coefficient of friction of 0.35 as determined by California Test
Method 342. If a different test method is used, the Contractor may utilize standard test plates with known coefficients of friction available from the CALTRANS District 11 Materials Engineer to correlate skid resistance results to California Test Method 342. In addition to all other required construction signing, the Contractor shall install Rough Road (W33) sign with black lettering on an orange background in advance of steel plate bridging.
Add the following section:
306-1.1.7.5 Measurement and Payment. Steel plate bridge materials including, but not limited to:
steel plates, anchoring devices, cold milling, elastomeric sealant material, asphalt ramping and padding, signage, placing, installation, removal, relocation, preparation and processing of shop drawings and submittals to support the use of steel plate bridging and all other materials, labor, supervision, overhead of any type or description will be paid for as an incidental to the work that the
bridging is installed to facilitate. No separate payment for steel plate bridging will be made. No extension to contract time will be allowed for, or because of, the use of steel plate bridging.
@ Revised 07/29/02 Contract No. 3891 1 Paae 83 of 91 Paaes
.___
306-1.3.1 General. add the following: The Contractor shall install detectable underground utility
marking tape 230 mm X75 mm (9 X 3”) above each or, in the case of bundled underground
conduit of the same type, the upper underground conduit being installed by the open trench method.
The type and color of detectable underground utility marking tape shall conform to the requirements
of section 207-25 et seq.
306-1.3.4 Compaction Requirements. delete Section 306-1.3.4 and replace with the following: The
Contractor shall densify trench backfill to a minimum of 90 percent relative compaction except that in
the top 300 mm (1 2”) of the street right-of-way, compaction shall be 95 percent.
306-1.5 Trench Resurfacing.
306-1 51 Temporary Resurfacing. Delete the fourth and fifth paragraphs and substitute the
following: Temporary bituminous resurfacing materials which are placed by the Contractor are for its
convenience and shall be at no cost to the Agency. Temporary bituminous resurfacing materials shall
be used in lieu of permanent resurfacing only when approved by the Engineer. When temporary
bituminous resurfacing materials are used in lieu of permanent resurfacing it shall be removed and
replaced with permanent resurfacing within 7 days of placement. No additional payment will be
made for temporary bituminous resurfacing materials. The price bid for the associated conduit or
structure shall include full compensation for furnishing, placing, maintaining, removing, and disposing
of such temporary resurfacing materials.
306-1.5.2 Permanent Resurfacing. Add the following: Except as provided in section 306-1.5.1 ,
‘Temporary Resurfacing,” the Contractor shall perform permanent trench resurfacing within 24 hours
after the completion of backfill and densification of backfill and aggregate base materials.
SECTION 310 - PAINTING
31 0-5 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.
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 (‘/;) in 3 m (10’) when measured parallel to the centerline of the street or more than 6 mm (’/;) in 3 m (1 0’) 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.
@ Revised 07/29/02 Contract No. 3891 1
__I_ .
Page 84 of 91 Pages
31 0-5.6.6 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. Obliteration of traffic striping with black paint, light emulsion oil or any other masking
method other than a minimum 30mm (0.10’) thick asphalt concrete overlay is not permitted.
31 0-5.6.7 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 lOOm (1/2 inch in 50 feet) from the specified alignment. The Contractor shall obliterate, straight
stripes deviating more than 80mm per lOOmm (1/ 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.
31 0-5.6.1 0 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 Traffic Control, 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:
31 0-5.6.1 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
thermoplastic pavement markings shall not be applied at ambient and road temperatures below 08 C
(328 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.
e Revised 07/29/02 Contract No. 3891 1 Paae 85 of 91 Panes
-~
SECTION 312 - PAVEMENT MARKER PLACEMENT AND REMOVAL
31 2-1 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:
31 2-1.1 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:
313-1.1 General. The Contractor shall supply and install temporary traffic pavement markers,
channelizers, signing, railing (type K), crash cushions and appurtenances at the locations shown on
the plans and as required in the specifications, complete in place prior to opening the traveled way
sewed 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 temporacy 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 312-1 “Placement”, shall not apply; and epoxy
adhesive shall not be used to place pavement markers in areas where removal of the markers will be
required.
Add the following section:
313-1.3 Channelizers. Channelizers shall be new surface-mounted type and shall be furnished,
placed, and maintained at the locations shown on the plans. Channelizer posts shall be orange in
color. Channelizers shall have affixed white reflective sheeting as specified in the special provisions.
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,
a Revised 07/29/02 Contract No. 3891 1 Page 86 of 91 Pages
“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. Alt 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:
31 3-2 TEMPORARY TRAFFIC SIGNING.
Add the following section:
31 3-2.1 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.
’ I
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 31 0 “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.
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
Revised 07/29/02 Contract No. 3891 1 Paae 87 of 91 Paaes
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 (3/81() 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 mm 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 (10’) 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:
31 3-3.2 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 DrawingsTl 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 T1
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.
Revised 07/29/02 Contract No. 3891 1 Page 88 of 91 Pages
- Add the following section:
31 3-4 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.
a Revised 07/29/02 Contract No. 3891 1 Page 89 of 91 Pages
r-
APPENDIX “A”
RESIDENT NOTIFICATION EXAMPLE
CITY OF CARLSBAD
ROAD WORK
ABC CONTRACTORS
OFFICE # (76O)XXX-XXXX
FIELD # (76O)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 XYZSt. to XYZAve. will be closed to through traffic and resurfaced on:
from 7:OOA.M. to 500 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 asphali 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 (76O)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 thai 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 438-1 161 x4323. Thank you for your cooperation as we work to make a better City 01 Carlsbad.
MON. TUE. WED. THU. FRI. DATE:
Revised 07/29/02 Contract No. 3891 1 Page 90 of 91 Pages
.-
APPENDIX “B”
CARLSBAD MUNICIPAL WATER DISTRICT
STANDARD DRAWINGS
Revised 07/29/02 Contract No. 3891 1 Page 91 of 91 Pages
DEPTH=MIN. 1
3/4" PIPE DIA.
SECT10 N C-C
NOTES:
I POUR BASE AGAINST UNDISTURBED SOIL
OR 6" MIN. ROCK BASE
REQUIRED SECTION A-A I
ALL CAST IN PLACE CONCRETE
SHALL BE TYPE 564-B-3000.
ALL PIPE IN ACCESSHOLE SHALL
BE PVC OR VITRIFIED CLAY PIPE
AND SHALL BE INCLUDED AS PART
OF ACCESSHOLE.
ACCESSHOLE SHALL BE CONSTRUCTED IN ACCORDANCE WITH ASTM C-478.
STUB OUTS SHALL HAVE A
MINIMUM LENGTH OF 2 FEET.
MANHOLE FRAME AND JOINTS TO
BE SET IN CLASS "C" MORTAR.
WHEN ACCESSHOLE FORMS THE
BE TRUE TO GRADE AND ALIGNMENT
AND FINISHED WITH SMOOTH
SURFACE.
NOT TO SCALE
1 CARLSBAD
REVlSlON I APPR I DATE
MUNICIPAL WATER DISTRICT
STD. DWG. NO. ACCESSHOLE SI JULY 2003
STANDARD' CAST IRON ACCESSHOLE FRAME & COVER - SEE DWG. NO. S4. I
,REVISION APPR DATE STD. DWG. NO. s2 ACCESSHOLE JULY 2003
WlDTH SHALL EQUAL INSIDE DIA OF PIPE.
SECTION C-C
JOINT W~TH "r BRANCH
AND FIRST SECTION OF
PIPE TO BE JOINED PRIOR TO INSTALLATION IN ACCESSHOLE.
I DROP SECTION. POUR BAS AGAINST
UNDISTURBED SOIL
OR 6" MIN. ROCK BASE REQUIRED.
90' PIPE SPIGOT END TO BE CUT OFF FLUSH WITH INSIDE SURFACE.
SECTION A-A
WHEN ACCESSHOLE FORMS THE
NOTES:
ALL CAST IN PLACE CONCRETE SHALL BE TYPE 564-8-3000.
ALL PIPE IN ACCESSHOLE SHALL BE
PVC OR VITRIFIED CLAY
PIPE AND SHALL BE INCLUDED AS PART OF
ACCESSHOLE.
DOUBLE DROP
ACCESSHOLE IS
CONSTRUCTED THE SAME AS DROP
ACCESSHOLE EXCEPT
MAT IT HAS TWO DROP
SECTIONS.
I
REVISION
12" WIDE X 6" THICK CONCRETE STANDARD CAST IRON ACCESSHOLE
POUR BASE AGAINST
INVERT SHALL BE TRUE TO GRADE AND ALIGNMENT AND
SHALL BE FINISHED WITH A SMOOTH SURFACE. SPECIAL
CARE SHALL BE USED TO
FACILITATE FLOW OF SEWAGE PLAN B-B
MIN. SLOPE WIDTH SHALL EQUAL
1/4" PER FT
NOTES:
ALL CAST IN PLACE CONCRETE SHALL
BE TYPE 564-B-3000.
ACCESSHOLE SHALL BE CONSTRUCTED IN ACCORDANCE WITH ASTM
DES-C-478.
STUB OUTS SHALL HAVE A MINIMUM
LENGTH OF 2 FEET.
.. . .. A
DEPTH = M I N .
3/4" PIPE DIA.
SECTION C-C
APPR DATE STD. DWG. NO. s3 SHALLOW ACCESSHOLE JULY 2003
CARLSBAD MUNICIPAL WATER DISTRICT
HALF PLAN INNER COVER
FRAME & COVER TOP SIDE
R VlSlON APP DA WIACCESSHOLE FRAME & COVER
1 3/8"MIN.
STD. DWG. NO. S4 JULY 2003
HALF SECTION
DETAIL f
-fT U4"
BOlTOM SIDE J&=
NOTES:
FRAME & COVER
1. WEIGHTS:
INNER COVER =155 LBS.
OUTER COVER=300 LBS. FRAME =330 LBS.
3/4 2. MATERIAL: CAST IRON.
3. MACHINE SEATS TO PREVENT NOISE.
4. FILLET RADII TO BE 12".
5. IMPORTED COVERS AND FRAMES SHALL
HAVE CONTRY OF ORIGIN MARKING IN COMPIANCE WlTH FEDERAL REGULATIONS. SECTION A-A
CARLSBAD MUNICIPAL WATER DISTRICT
S
PIPE BEDDING AND TRENCH REVlSlON APPR DATE
BACKFILL FOR SEWERS
TYPICAL TRENCH SECTION P.V.C. PIPE
WITH DIMENSIONS AND
COMPACTION ZONES
ROCK TO SPRINGLINE
STD. DWG. NO. s5 JULY 2003
T 4" MIN. TO 8" MAX. BENEATH PIPE
OR 1" MIN. BENEATH BELL,
WHICHEVER IS GREATER.
I
NOTES:
1. PERCENTAGES SHOWN EQUAL MINIMUM RELATIVE COMPACTION.
2. MINIMUM DEPTH OF COVER FROM
TOP OF PIPE TO FINISH GRADE FOR ALL SANITARY SEWER
INSTALLATIONS SHALL BE 3 FEET.
FOR COVER LESS THAN 3'' SPECIAL DESIGN AND APPROVAL REQUIRED.
NCH MDTH
PIPE
I 3/4" ROCK
P.V.C. PIPE
/
-
NVERT.
ROCK ENVELOPE
I 3/4" ROCK
CARLSBAD MUNICIPAL WATER DISTRICT
12" CAST IRON GATE CAP PER DETAIL HEREON.
REVISION APPR DATE STD. DWG. NO. S6 SEWER MAIN CLEANOUT JULY 2003
1 //// KIT 6" MIN.
I
SEWER CLEAN-OUT RISERS
TO BE FITTED WITH MALE
SCREW IN PLUG.
TOP OF PAVEMENT GLUFR
12" MDE X 6" THICK CONCRETE COLLAR
WITH 2" ASPHALT
CONCRETE OVERLAY f7
(TYFXAL). II
~~- ~
BEDDING DETAIL.
NOTES:
1. GATE CAP SHALL BE LABELED SEWER.
2. CLEANOUTS MAY BE USED MTH P.V.C.
SEWER MAIN.
3. RISER SHALL BE SAME DIAMETER AS SEWER MAIN.
GATE CAP
(HEAVY DUTY)
CLEAN-OUTS IN YARD TO BE COVERED
WlM 10" PLASTIC COVER BY CARSON
- ~ L STD. DWG. NO. s7 JULY 2003
SEWER LATERAL REVISION APPR DATE
(WITH OPTIONAL WYE)
PART NO. 910 O.A.E. CLEAN-OUTS IN CONCRETE TO HAVE
CONCRETE BOX WITH TRAFFIC LID BY J&R OR BROOKS PART NO. 3-R-T.
SEWER CLEAN-OUT RISERS TO BE
FITTED WITH MALE SCREW IN PLUG.
I 5' MIN. I
1lIL 111111 I IWWl r.I"Y ",.I u vv I
PLAN VIEW
NOTES:
STAMP CURB FACE "SS" OVER LATERAL
T CURB <ACE
1. THE LATERAL SHALL BE BEDDED THE SAME AS ME MAIN LINE SEWER.
2. IN NO CASE SHALL A LATERAL CONNECT TO THE SEWER MAIN
DIRECTLY ON TOP OF THE PIPE.
3. SEWER LATERALS SHALL HAVE A 2%
MINIMUM SLOPE.
4. ALL JOINTS ON SEWER LATERAL PIPE SHALL BE COMPRESSION TYPE OR
APPROVED SOLVENT WELD.
5. AS-BUILT SEWER LATERAL LOCATIONS SHALL BE FURNISHED TO THE CITY
INSPECTOR ON FORMS PROVIDED PRIOR TO FINAL APPROVAL OF WORK.
6. ALL LATERAL TRENCHES TO PROPERTY LINE AND SEWER MAIN TRENCHES TO
BE COMPACTED PER S5.
7. CLEAN-OUT TO BE ADJUSTED TO
GRADE AFTER FINAL FINISH GRADING.
CARLSBAD MUNICIPAL WATER DISTRICT
I
STD. DWG. NO. S8 JULY 2003
SEWER LATERAL .RFVISION APPR DATE
(DEEP CUT HOUSE CONNECTION)
I- I ELEVATION
m! VARIABLE - 12' MINIMUM mr I 12"
MIN.
OR AS DIRECTED BY WATER DISTRICT.
I
4 ' 1/8 BEND. I
TOP OF PIPE. t $f$F -1
- - -
NOTES: BELL. r
FOR BEDDING AND
TRENCH COMPACTION ME VERTICAL PIPE SHALL
SEE DWG. NO. S5. BE BRACED WHILE TRENCH Is BEING BACKFILLED.
ALL JOINTS ON SEWER
LATERAL PIPE SHALL BE COMPRESSION TYPE OR
APPROVED SOLVENT WELD.
SEE DEG. NO. S7 FOR CONTINUATION OF SEWER
LATERAL TO PROPERTY LINE.
PLAN VIEW
c